Criminal Code Act 1899
Queensland Criminal
Code Act 1899
Current as at 27 November 2013
Information about this reprint
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Queensland Criminal Code Act
1899 Contents Page
1 Short title . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 2 Establishment of
Code—schedule 1 . . . . . . . . . . . . . . . . . . . . . .
27 3 Saving . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 27 4 Construction of
statutes, statutory rules, and other instruments .
29 5 Provisions of
Code exclusive with certain exceptions . . . . . . . . .
29 6 Civil remedies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7 Offender
may be
prosecuted under Code or other statute . . . . . . 30
8 Contempt
of court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30
Schedule 1 The Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32
Part
1 Introductory Interpretation—application—general
principles Chapter 1
Interpretation 1
Definitions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32
2 Definition
of offence .
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 45
3 Division
of offences
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
4 Attempts
to commit
offences .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 46
5 Arrest
without warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
6 Carnal
knowledge. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Chapter 2 Parties to offences 7 Principal offenders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47
8 Offences
committed in
prosecution of common purpose . . . . . . .
48
9 Mode
of execution
immaterial. .
. . . . . . . . . . . . . . . . . . . . . . . . . .
48
10 Accessories
after the
fact .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
10A Interpretation of
ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
Chapter 3 Application of
criminal law 11 Effect of changes in law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Criminal Code Act 1899 Contents
12 13 14
15 16 17
Chapter 4 18
Chapter 5 22
23 24 25
26 27 28
29 30 31
34 36 Part 2
Chapter 7 44
45 46 51
52 Chapter 8 53
54 54A Application of
Code as to offences wholly or partially committed in
Queensland. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . Offences enabled, aided, procured or
counselled by persons out of Queensland . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Offences procured in Queensland to be
committed out of Queensland .....................................
Defence Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Person not to be twice punished for same offence.
. . . . . . . . . . . Former conviction or
acquittal .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Royal
prerogative of mercy Royal prerogative of
mercy. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal responsibility Ignorance of the law—bona fide claim of right . . . . . . . . . . . . . . .
Intention—motive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mistake of fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extraordinary
emergencies .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Presumption
of sanity.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insanity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intoxication
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Immature age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justification
and excuse—compulsion
. . . . . . . . . . . . . . . . . . . . . Offences by partners and members of companies with respect
to
partnership or corporate property . . . . . . . . . . . . . . . . .
. . . . . Application of rules . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Offences against
public order Sedition Definition of
seditious intention. . . . . . . . . . . . . . . . . . . . . . . .
. . . Innocent intentions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition
of seditious
enterprises etc. . . . . . . . . . . . . . . . . . . . . .
Unlawful drilling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sedition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences against the executive and
legislative power Evidence
of proceedings in
the Assembly
allowed for prosecution .................................
Interference with Governor or Ministers . .
. . . . . . . . . . . . . . . . . . Demands with
menaces upon agencies of government. . . . . . . .
50 51 51
52
52
52
53
53
54
54
55
55
55
56
56
56
57
58 58 58
59
59
60
60
61 62 62
Page
2
55 56 56A
56B 57 58
59 60 Chapter 9
60A 60B 60C
61 69 70
71 72 74
75 Chapter 10 78
Chapter 11 79
80 Part 3 Chapter 12
85 86 Chapter 13
87 88 89
Criminal Code Act 1899 Contents
Interference with the Legislature . . . . .
. . . . . . . . . . . . . . . . . . . . Disturbing the
Legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Disturbance in House when Parliament not
sitting . . . . . . . . . . . . Going armed to
Parliament House . . . . . . . . . . . . . . . . . . . . . . .
. False evidence before Parliament . . . . . .
. . . . . . . . . . . . . . . . . . Witness refusing
to attend,
answer question or produce a thing before Legislative Assembly or
authorised committee . . . . . . . . . Member of
Parliament receiving bribes . . . . . . . . . . . . . . . . . . .
. Bribery of member of Parliament . . . . . .
. . . . . . . . . . . . . . . . . . . Breaches of the
peace Participants in criminal organisation being
knowingly present in public places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Participants in criminal organisation
entering prescribed places and
attending prescribed events
. . . . . . . . . . . . . . . . . . . . . . . . . Participants
in criminal
organisation recruiting persons
to become participants
in the
organisation. . . . . . . . . . . . . . . . . . . . Riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Going armed so as to cause fear . . . . . . . . . . . . . . . . . . . . . . . . . Forcible entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forcible detainer. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Affray . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prize fight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Threatening
violence .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences against political
liberty Interfering with
political liberty . . . . . . . . . . . . . . . . . . . . . . . . . . .
Piracy
Definition
of act
of piracy
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Crime of piracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences against the administration of
law and
justice, against office
and against public authority Unlawfully
obtaining or disclosing information Disclosure of
official secrets . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Obtaining of or disclosure of secret
information about the identity
of informant
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corruption
and abuse
of office Official corruption . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extortion by public officers . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Public officers
interested in contracts . . . . . . . . . . . . . . . . . . . . .
. 64 64 65
66 66 67
68 68 69 71
72
72
73
73
74 74
75
75
75
76
77
77 78
79 80 80
Page 3
Criminal Code Act 1899 Contents
90 Officers charged with administration
of property of a special character or with special duties . . .
. . . . . . . . . . . . . . . . . . . . . . . 91
False
claims by officials . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 92 Abuse of office . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
92A Misconduct in relation to public
office. . . . . . . . . . . . . . . . . . . . . .
93 Corruption of surveyor and valuator .
. . . . . . . . . . . . . . . . . . . . . . 94
False certificates by
public officers. . . . . . . . . . . . . . . . . . . . . . . .
95 Administering extrajudicial oaths
. . . . . . . . . . . . . . . . . . . . . . . . . 96 False
assumption of
authority. .
. . . . . . . . . . . . . . . . . . . . . . . . . .
97 Personating
public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 14 Corrupt and improper practices
at elections Chapter division
1 Definitions for ch 14 98
Definitions. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter division 2 Legislative
Assembly elections and
referendums 98A
Reference
to election
or referendum
. . . . . . . . . . . . . . . . . . . . . .
98B False
or misleading
information .
. . . . . . . . . . . . . . . . . . . . . . . . . 98C Bribery
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98D Forging or uttering electoral or
referendum paper . . . . . . . . . . . . 98E
Influencing
voting .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98F Providing
money for
illegal payments . . . . . . . . . . . . . . . . . . . . . . 98G Voting
if not
entitled .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter division 3 Other
elections 98H Application of ch div 3 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
99 Voting if not entitled . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
100 Hindering or interfering with voting
conduct . . . . . . . . . . . . . . . . . 101
Bribery . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
102 Publishing false information about a
candidate . . . . . . . . . . . . . . 103
Providing
money for
illegal payments . . . . . . . . . . . . . . . . . . . . . . 104 Election
notices to
contain particular matters.
. . . . . . . . . . . . . . . 107 Corrupt
and illegal
practices—time . . . . . . . . . . . . . . . . . . . . . . .
108 Interfering
at elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Electors
attempting to
violate secrecy of ballot . . . . . . . . . . . . . . 110 Stuffing
ballot boxes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Presiding
officer helping an elector with a disability . . . . . . . . . . . 112 False
or misleading
information .
. . . . . . . . . . . . . . . . . . . . . . . . . 113 Interfering
with secrecy
at elections
. . . . . . . . . . . . . . . . . . . . . . . 114 Breaking
the seal
of a parcel at elections. . . . . . . . . . . . . . . . . . . Page 4 81
81 82 82
84 84
84
85
85
86 87
87
87
88 89
89
90
90 90 91
92 92 93 93
94
94
94
95
95
95
96
97
Chapter 15 118
Chapter 16 119
119A 119B 120
121 122 123
123A 124 125
126 127 128
129 130 131
132 133 136
137 139 140
Chapter 17 141
142 143 144
145A 145B 147
148 Criminal Code Act 1899
Contents Selling and
trafficking in offices Bargaining for offices in public
service . . . . . . . . . . . . . . . . . . . . .
Offences relating to the administration of
justice Definitions for ch 16 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Meaning of family
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Retaliation
against or
intimidation of judicial officer, juror, witness etc. ....................................
Judicial corruption . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Official
corruption not judicial but relating to offences . . . . . . . .
. Corruption of jurors. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Perjury . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Perjury—contradictory statements .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Punishment of
perjury .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
Evidence
on charge
of perjury
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Fabricating evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corruption
of witnesses .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Deceiving witnesses. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Damaging evidence
with intent. . . . . . . . . . . . . . . . . . . . . . . . . . . Preventing
witnesses from attending
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Conspiracy
to bring
false accusation .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Conspiring to
defeat justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compounding
an indictable offence
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Justices exercising
jurisdiction in a matter of personal interest
. .
Delay to take person arrested
before magistrate .
. .
. .
. .
. .
. .
. .
Inserting
advertisement without authority
of court
. .
. .
. .
. .
. .
. .
Attempting
to pervert
justice. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Escapes—obstructing
officers of
courts Aiding persons
to escape
from lawful
custody .
. .
. .
. .
. .
. .
. .
. .
Escape by persons in lawful custody . . . . . . . . . . . . . . . . . . . . . . Permitting
escape. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Harbouring escaped
prisoners etc. . . . . . . . . . . . . . . . . . . . . . . .
Sections
141 to
144 do
not apply
to certain
types of
custody .
. .
Evidence
of lawful
custody .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Removing etc.
property under lawful
seizure .
. .
. .
. .
. .
. .
. .
. .
. Obstructing officers of
courts of
justice .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 97
98 98 99
101 101 102
103 103
104
104
104
104
105
105
105
106
106
107
108
108
108
109
109
109
110
110
110
110
111
111
Page
5
Criminal Code Act 1899 Contents
Chapter 20 193
194 195 195A
199 200 204
205 Part 4 Chapter 21
206 207 Chapter 22
207A 208 210
211 213 215
216 217 218
218A 218B 219
221 222 224
225 226 227
227A 227B 227C
Miscellaneous offences against public
authority False verified statements . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . False
declarations . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . Evidence. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Contradictory statements—false statements or
declarations . . . . Resisting
public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal
by public
officer to
perform duty . . . . . . . . . . . . . . . . . . .
Disobedience
to statute
law .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Disobedience
to lawful
order issued by statutory authority
. .
. .
. Acts injurious
to the
public in
general Offences relating
to religious worship Offering
violence to
officiating ministers of
religion .
. .
. .
. .
. .
. .
Disturbing
religious worship . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences
against morality Definitions for
this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unlawful
sodomy .
. .
. .
. .
. .
. .
. .
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Indecent
treatment of children
under 16.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Bestiality .
. .
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. Owner etc. permitting abuse
of children
on premises
. .
. .
. .
. .
. Carnal knowledge
with or
of children
under 16
. .
. .
. .
. .
. .
. .
. .
Abuse of persons with an impairment of
the mind
. .
. .
. .
. .
. .
. .
Procuring
young person etc.
for carnal
knowledge .
. .
. .
. .
. .
. .
Procuring
sexual acts
by coercion
etc. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Using internet etc.
to procure
children under 16 . . . . . . . . . . . . . Grooming
children under 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taking child for immoral purposes
. .
. .
. .
. .
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Conspiracy
to defile
. .
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. .
. Incest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attempts
to procure
abortion .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. The like by women with child . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplying
drugs or
instruments to procure abortion . . . . . . . . . . Indecent
acts .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
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. .
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. Observations or
recordings in breach of privacy . . . . . . . . . . . . . Distributing prohibited visual
recordings. . . . . . . . . . . . . . . . . . . . Persons
who are
not criminally responsible for
offences against ss 227A and 227B . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
111 112 112
112 112
113
113
113
114
114
115
117
118
119
119
120
121
123
123
124
126
127
128
128
130
130
130
130
131
132
133 Page 6
228 228A 228B
228C 228D 228E
228F 228G 228H
229 229B Chapter 22A
229C 229D 229E
229F 229FA 229G
229H 229HA 229HB
229HC 229I 229J
229K 229L 229M
229N 229O Chapter 23
230A 230 232
Criminal Code Act 1899 Contents
Obscene publications and exhibitions . . . .
. . . . . . . . . . . . . . . . . Involving child
in making child exploitation material . . . . . . . . . . .
Making child exploitation material
. . .
. . . . . . . . . . . . . . . . . . . . . Distributing
child exploitation material . . . . . . . . . . . . . . . . . . . .
. Possessing child exploitation material . . .
. . . . . . . . . . . . . . . . . . Defences for
ss 228A–228D. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Excluding
non-essential persons
from court
when child exploitation material displayed . . .
. . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of
child exploitation material etc. . . . . . . . . . . . . . . . .
. Possession etc. of child exploitation
material by law enforcement
officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Knowledge
of age
immaterial . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintaining
a sexual
relationship with a child. . . . . . . . . . . . . . . .
Prostitution Definitions for
ch 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Meaning of sexual intercourse for
ch 22A
. .
. .
. .
. .
. .
. .
. .
. .
. .
Meaning of prostitution
. .
. .
. .
. .
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. .
. .
. .
. .
. .
. Meaning of carry on a business . . . . . . . . . . . . . . . . . . . . . . . . . .
Obtaining
prostitution from person
who is
not an
adult .
. .
. .
. .
. Procuring engagement in
prostitution. . . . . . . . . . . . . . . . . . . . . . Knowingly
participating in provision
of prostitution. .
. .
. .
. .
. .
. .
When section 229H
does not
apply to
a person.
. .
. .
. .
. .
. .
. .
. Carrying on
business of
providing unlawful prostitution .
. .
. .
. .
. Persons engaging
in or
obtaining prostitution through unlawful prostitution
business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Persons found in places reasonably suspected
of being used for prostitution etc.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Certificate
of discharge for
particular offences . . . . . . . . . . . . . . .
Having an interest
in premises
used for
prostitution etc. . . . . . . .
Permitting
young person etc.
to be
at place
used for
prostitution. Evidence that
business of prostitution is being carried on . . . . . .
Evidence
that place
is being
used for
prostitution . . . . . . . . . . . .
Non-compellability of
health service providers
. .
. .
. .
. .
. .
. .
. .
. Nuisances—misconduct relating
to corpses Definitions for
ch 23
. .
. .
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. .
. .
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. .
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. .
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. Common nuisances
. .
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. .
. .
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. Operating a
place for
unlawful games . . . . . . . . . . . . . . . . . . . . .
134 135 136
136 137 137 139 140
141
142
142
144 145
146
147
147
147
148
150
152
152 153
154
156
158
158 158
159
159
161
161
Page
7
Criminal Code Act 1899 Contents
233 234 236
Chapter 24 238
239 240 241
Part
5 Chapter 26 245
246 247 248
249 250 251
252 253 254
255 257 258
260 261 262
263 264 265
266 267 268
Possession of thing used to play an unlawful
game . . . . . . . . . . . Conducting or playing unlawful games.
. . . . . . . . . . . . . . . . . . . . Misconduct with
regard to corpses. . . . . . . . . . . . . . . . . . . . . . .
. Offences against public health
Contamination of goods . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Hoax contamination
of goods.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. Dealing in contaminated goods
. .
. .
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. .
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. .
Definitions
for ch
24 .
. .
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. .
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. .
. .
Offences
against the
person and
relating to
marriage and parental rights and duties
Assaults and violence to the person
generally—justification and
excuse Definition of
assault .
. .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
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. .
Assaults
unlawful .
. .
. .
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. .
. .
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. .
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Execution
of sentence
. .
. .
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. .
. .
. .
. .
. .
. .
. Execution of
process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Execution
of warrants
. .
. .
. .
. .
. .
. .
. .
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. .
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. .
. .
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. .
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Erroneous
sentence or
process or
warrant .
. .
. .
. .
. .
. .
. .
. .
. .
Sentence
or process
or warrant
without jurisdiction .
. .
. .
. .
. .
. .
Arrest of wrong person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Irregular
process or
warrant .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Force used in executing process
or in
arrest .
. .
. .
. .
. .
. .
. .
. .
. Duty of persons arresting
. .
. .
. .
. .
. .
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. .
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. .
. .
. .
. .
. .
. .
. .
. Other cases
of preventing escape
from arrest
. .
. .
. .
. .
. .
. .
. .
. Preventing escape
or rescue
after arrest . . . . . . . . . . . . . . . . . . .
Preventing
a breach
of the
peace. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Suppression of
riot .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. .
. .
. Suppression of
riot by
magistrates . . . . . . . . . . . . . . . . . . . . . . . .
Suppression
of riot
by person
acting under lawful
orders. .
. .
. .
. Suppression of
riot by
person acting without
order in
case of emergency . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Riot—persons subject to military law . . . .
. . . . . . . . . . . . . . . . . . Prevention of
crimes and offences for which an offender may be arrested
without warrant—prevention
of violence
by particular persons.
. .
. .
. .
. .
. .
. .
. .
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. .
. .
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. .
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. .
Defence of dwelling
. .
. .
. .
. .
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. .
. .
. Provocation. .
. .
. .
. .
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. .
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. .
162 162 162
163 164
164
165
165
166
166
166 166
167
167
167
168
168
168
169
169
170
170
170
170
171 171 171 172
172
Page
8
269 270 271
272 273 274
275 276 277
278 279 280
281 282 282A
283 284 Chapter 27
285 286 288
289 290 Chapter 28
291 292 293
294 295 296
297 298 300
302 Criminal Code Act 1899
Contents Defence of
provocation. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Prevention of repetition of insult . . . . .
. . . . . . . . . . . . . . . . . . . . . Self-defence
against unprovoked assault. . . . . . . . . . . . . . . . . .
. Self-defence against provoked assault. . . .
. . . . . . . . . . . . . . . . . Aiding in
self-defence . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Defence of moveable
property against trespassers
. .
. .
. .
. .
. .
. Defence of moveable property
with claim
of right.
. .
. .
. .
. .
. .
. .
Defence of moveable
property without claim
of right
. .
. .
. .
. .
. .
Defence of premises
against trespassers—removal
of disorderly
persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Defence of possession of real property or
vessel with claim of right
.......................................... Exercise
of right
of way
or easement
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Domestic
discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discipline
of vehicle
. .
. .
. .
. .
. .
. .
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. .
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. .
. .
. .
. .
. .
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. Surgical
operations and medical treatment . . . . . . . . . . . . . . . .
. Palliative
care .
. .
. .
. .
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. .
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. .
. .
. Excessive force
. .
. .
. .
. .
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Consent to death immaterial .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Duties relating
to the
preservation of human life Duty
to provide
necessaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty
of person
who has
care of
child .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Duty of persons doing
dangerous acts. . . . . . . . . . . . . . . . . . . . . Duty
of persons
in charge
of dangerous things
. .
. .
. .
. .
. .
. .
. .
Duty to do certain acts
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Homicide—suicide—concealment
of birth Killing
of a
human being
unlawful .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
When a child becomes a human being
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Definition
of killing
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
Death by acts done at childbirth .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Causing death
by threats
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Acceleration of
death .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. When injury
or death
might be
prevented by proper precaution. . Injuries
causing death in consequence of
subsequent treatment
....................................
Unlawful homicide . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Definition of
murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 173 173 173
174 174 175 175
175
176 176
177
177
177
177 178
179
180
180
180
181
181
182
182
182
182
182
183
183
183
183 184 184
Page 9
Criminal Code Act 1899 Contents
303 304 304A
304B 305 306
307 308 309
310 311 313
314 Chapter 29 315
316 316A 317
317A 318 319
320 320A 321
321A 322 323
323A 323B 324
326 327 328
328A 328B Definition of
manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Killing on provocation . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Diminished
responsibility . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Killing for preservation in an abusive
domestic relationship . . . . . Punishment of
murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Attempt to murder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accessory
after the
fact to
murder .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Threats to murder in document . . . . . . . . . . . . . . . . . . . . . . . . . . Conspiring
to murder
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Punishment
of manslaughter .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Aiding suicide
. .
. .
. .
. .
. .
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. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. .
Killing unborn child
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
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. .
. .
. .
. .
Concealing
the birth
of children
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Offences
endangering life or health Disabling
in order
to commit
indictable offence . . . . . . . . . . . . . . Stupefying
in order
to commit
indictable offence . . . . . . . . . . . . .
Unlawful
drink spiking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acts intended to
cause grievous bodily
harm and
other malicious
acts . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . Carrying or sending dangerous goods in
a vehicle . . . . . . . . . . . Obstructing
rescue or escape from unsafe premises . . . . . . . . . .
Endangering the safety of a person in a
vehicle with intent . . . . . Grievous bodily
harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attempting
to injure
by explosive or
noxious substances .
. .
. .
. .
Bomb hoaxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administering poison with
intent to
harm .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Wounding
. .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
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. .
. .
. .
. .
. .
. .
. .
. .
. Female genital
mutilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal
of child
from State
for female
genital mutilation. .
. .
. .
. Failure to supply necessaries
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Endangering
life of
children by
exposure .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Setting mantraps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Negligent
acts causing harm
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Dangerous
operation of a vehicle. . . . . . . . . . . . . . . . . . . . . . . . . Additional
power to
convict for
dangerous driving . . . . . . . . . . . . 185 185
186 187 188
189
190
190
190
190
190
190
191
191
192
192
194 195 195
196 196 197 197
197
198
198
198
199
200
200
200
201
201
204
Page
10
329 330 333
334 Chapter 30 335
338A 339 340
346 Chapter 32 347
348 349 350
351 352 Chapter 33
354 354A 355
356 357 358
359 Chapter 33A 359A
359B 359C 359D
359E 359F Chapter 34
360 361 Criminal Code Act
1899 Contents Endangering
safety of persons travelling by railway. . . . . . . . . . .
Sending or taking unseaworthy ships to sea .
. . . . . . . . . . . . . . . Evading laws as
to equipment of ships . . . . . . . . . . . . . . . . . . .
. Landing explosives . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Assaults
Common assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assaults
of member
of crew
on aircraft
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Assaults
occasioning bodily harm
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Serious assaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assaults
in interference with
freedom of
trade or
work. .
. .
. .
. .
. Rape and sexual assaults Definitions for
ch 32
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. .
. .
. .
. .
. Meaning of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rape. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attempt to commit rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assault
with intent
to commit
rape .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. Sexual assaults
. .
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. .
Offences
against liberty Kidnapping
. .
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Kidnapping
for ransom
. .
. .
. .
. .
. .
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. Deprivation of
liberty. .
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. False certificates
by officers
charged with duties
relating to liberty ........................................
Concealment of matters affecting liberty . .
. . . . . . . . . . . . . . . . . Unlawful custody
of particular persons. . . . . . . . . . . . . . . . . . . .
. Threats . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Unlawful stalking Definitions for
ch 33A
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What is unlawful
stalking .
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What is immaterial
for unlawful stalking
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Particular
conduct that is not unlawful
stalking. .
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. Punishment of
unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . . Court
may restrain unlawful
stalking. .
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. Offences relating
to marriage
and parental rights
and duties Bigamy
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. Unlawful celebration of
marriage .
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204 204 205
205 206
206
206
207
209
210
210
211
211
211
211
212
213
213
214 214 215
215 216
217
218
219
220
220
222
222
Page
11
Criminal Code Act 1899 Contents
362 363 363A
364 364A Chapter 35
365 Part 6 Division 1
Chapter 36 390
391 392 393
394 395 396
398 Chapter 37 399
403 406 408A
408C 408D 408E
Chapter 38 409
411 412 413
414 415 417A
Unqualified persons procuring registration
as persons qualified to celebrate marriages . . . . . .
. . . . . . . . . . . . . . . . . . . . Child-stealing .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Abduction of child under 16 . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Cruelty to
children under 16 . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Leaving a child under 12 unattended . . . .
. . . . . . . . . . . . . . . . . . Criminal defamation Criminal defamation
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. Offences relating
to property
and contracts Stealing and
like offences Stealing Things capable
of being
stolen. .
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. Definition of
stealing .
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Special cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Funds
etc. held
under direction .
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. Funds etc. received by
agents for
sale .
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Money received for
another .
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Stealing
by persons
having an
interest in
the thing
stolen .
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. Punishment of
stealing .
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Offences
analogous to stealing
Fraudulent
concealment of particular
documents . . . . . . . . . . . .
Severing
with intent
to steal
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. Bringing stolen
goods into
Queensland . . . . . . . . . . . . . . . . . . . .
Unlawful
use or
possession of motor vehicles, aircraft
or vessels Fraud
. .
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Obtaining
or dealing
with identification information .
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Computer
hacking and
misuse .
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Stealing
with violence—extortion
by threats Definition
of robbery
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. Punishment of
robbery .
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Attempted
robbery .
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. Assault with
intent to
steal .
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. Demanding property
with menaces with
intent to
steal .
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. Extortion .
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. Taking control
of aircraft
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223 224 225
225 226 226 228
228
230
231
231
232
232
233
237
237
237
238
239
241
244
246
246
246
247
247
247
249
Page
12
Criminal Code Act 1899 Contents
Chapter 39 Burglary—housebreaking—and like
offences 418 Definitions. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
419 Burglary . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
421 Entering or being in premises and
committing indictable offences .....................................
425 Possession of things used in
connection with unlawful entry . . . . 427
Unlawful entry of vehicle for committing
indictable offence . . . . . Chapter 40
Other
fraudulent practices 427A Obtaining property by passing
valueless cheques . . . . . . . . . . . . 430
Fraudulent
falsification of records.
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431 False
accounting by public officer. . . . . . . . . . . . . . . . . . . . . . . . . Chapter 41 Receiving property
stolen or
fraudulently obtained and
like offences
432 What is tainted property for ch 41 . .
. . . . . . . . . . . . . . . . . . . . . . 433
Receiving tainted property . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 435
Taking reward for recovery of property
obtained by way of indictable
offences ..............................
Chapter 42A Secret commissions 442A
Definitions. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
442B Receipt or solicitation of secret
commission by an agent. . . . . . . 442BA
Gift
or offer of secret commission to an agent . . . . . . . . . . . . .
. . 442C Secret
gifts received by
parent, spouse, child,
partner etc. of
agent .........................................
442D False or misleading receipt or
account. . . . . . . . . . . . . . . . . . . . .
442E Secret commission for advice given . .
. . . . . . . . . . . . . . . . . . . . . 442EA
Offer
or solicitation of secret commission in return for advice
given or to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442F Secret commission
to trustee
in return
for substituted appointment ................................... 442G Liability of
director etc. acting
without authority .
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. 442I
Penalty on conviction
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442J Court
may order
withdrawal of trifling
or technical cases
. .
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. 442K
Witness giving answers criminating himself
or herself . . . . . . . . . 442L
Certificate
to witness
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442M Custom
of itself
no defence
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. Chapter 44
Offences
analogous to stealing
relating to
animals Chapter division
1 Offences relating to animals
generally 444A Killing animals with intent to steal.
. . . . . . . . . . . . . . . . . . . . . . . . 249
250 251 251
252 253 253 254
254 255 255 256 259
259 260 260
261 261
262
262
262
263
263 263
264
265 Page
13
Criminal Code Act 1899 Contents
444B Using registered brands with criminal
intention . . . . . . . . . . . . . . Chapter division
2 Offences relating to stock
445 Unlawfully using stock . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
265 266 446
Suspicion of stealing stock . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 266
447 Illegal branding . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
267 448 Defacing brands .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 267 448A Having in possession stock
with defaced brand
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Chapter division 3 Arrest
450A Arrest without warrant. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
268
269 450B Warrant in first
instance . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 269 Chapter 44A Special
provisions in respect of offences relating to stock
450D Definition for ch 44A . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
269 450E Animals not
tendered in certain cases . . . . . . . . . . . . . . . . . . . .
. 269 450F Animal valuers
and valuations .
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273
450G Identification of
animals and
return to
owners prior to tender in
certain cases . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
276 450H Licence
disqualification where commission of offence facilitated
by licence or use of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
277
450I Forfeiture
in cases
of conviction for
offences under specified sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
277
Division 2 Injuries to
property Chapter 45
Definitions 458
Unlawful
acts .
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. 278 459 Acts done with
intent to defraud . . . . . . . . . . . . . . . . . . . . . . . . .
. 279 Chapter 46 Offences 461
Arson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
279
462 Endangering particular property
by fire
. .
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280
463 Setting
fire to
crops and
growing plants . . . . . . . . . . . . . . . . . . . . 280
467 Endangering the
safe use
of vehicles
and related
transport infrastructure .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 280 468 Injuring animals
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 281 469 Wilful damage. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 281 469AA Forfeiture of
thing used to record, store or transmit image of graffiti
287 469A Sabotage and
threatening sabotage . . . . . . . . . . . . . . . . . . . . .
. 288 470 Attempts to
destroy property by
explosives . . . . . . . . . . . . . . . . . 289
470A Unlawful
deposition of explosive
or noxious
substances . . . . . . . 290
471 Damaging
mines .
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290
Page
14
472 473 474
475 477 478
479 Division 3 Chapter 48
484 Chapter 49 488
498 499 500
501 501A 502
Chapter 51 510
Chapter 52 514
515 Division 4 Chapter 54
533 Part 7 Chapter 55
535 536 538
539 540 Criminal Code Act
1899 Contents Interfering with
marine signals . . . . . . . . . . . . . . . . . . . . . . . . . .
. Interfering with navigation works . . . . .
. . . . . . . . . . . . . . . . . . . . Communicating
infectious diseases to animals . . . . . . . . . . . . . .
Travelling with infected animals . . . . . .
. . . . . . . . . . . . . . . . . . . . Obstructing
railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Sending letters threatening
to burn
or destroy
. .
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. Arrest without
warrant. .
. .
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Forgery and like offences—personation Forgery in general—definitions Definitions. .
. .
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. Punishment of
forgery and
like offences Forgery and
uttering .
. .
. .
. .
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Falsifying
warrants for money payable under
public authority .
. .
Falsification
of registers .
. .
. .
. .
. .
. .
. .
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. .
. .
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. Sending false
certificate of marriage
to registrar .
. .
. .
. .
. .
. .
. .
False statements for
the purpose
of registers of
births, deaths, and marriages . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Contradictory statements . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Procuring or
claiming unauthorised status . . . . . . . . . . . . . . . . .
. Preparation for forgery Instruments and
materials for forgery. . . . . . . . . . . . . . . . . . . . .
. Personation Personation in
general .
. .
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Falsely acknowledging deeds, recognisances etc.. . . . . . . . . . . . Offences
connected with trade and breach of contract
Other offences Mixing uncertified
with certified articles
. .
. .
. .
. .
. .
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. .
. .
. .
. .
Preparation
to commit
offences—conspiracy—accessories after the
fact Attempts and preparation to commit
offences Attempts to commit indictable offences . . .
. . . . . . . . . . . . . . . . . Punishment of
attempts to commit indictable offences . . . . . . . .
Reduction of punishment . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Attempts to
procure commission of
criminal acts . . . . . . . . . . . . .
Preparation
to commit
crimes with
dangerous things. . . . . . . . . .
290 291 291
291 292 292 292
292
293
294
294
294
295 295 295
296 296
297
297
298 298 299
299
300
Page 15
Criminal Code Act 1899 Contents
Chapter 56 541
542 543 543A
Chapter 57 544
545 Part 8 Chapter 58
545A 546 547
547A 548 549
550 551 552
Chapter 58A 552A
552B 552BA 552BB
552C 552D 552E
552F 552G 552H
552I 552J Conspiracy
Conspiracy to commit crime . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . Conspiracy to
commit other offences . . . . . . . . . . . . . . . . . . . . .
. Other conspiracies . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Industrial
disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Accessories
after the
fact Accessories after
the fact
to offences. .
. .
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. .
. .
Punishment
of accessories after
the fact
to offences
. .
. .
. .
. .
. .
Procedure
Arrest
Chapter does not apply to police officers
. .
. .
. .
. .
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. .
. .
. Arrest without
warrant generally .
. .
. .
. .
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. .
. .
. .
. .
. Arrest without
warrant in
special cases . . . . . . . . . . . . . . . . . . . . Arrest
of persons
found committing offences
on aircraft
. .
. .
. .
. Arrest of persons found
committing offences . . . . . . . . . . . . . . . . Arrest
of offender
committing indictable offences
by night
. .
. .
. .
Arrest during flight
. .
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Arrest of persons offering stolen
property for sale etc.. . . . . . . . .
Duty of persons arresting .
. .
. .
. .
. .
. .
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. .
. .
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. .
Indictable
offences dealt with summarily Charges of indictable offences
that must
be heard
and decided summarily on prosecution election . .
. . . . . . . . . . . . . . . . . . . . . . Charges of
indictable offences that must be heard and decided summarily
unless defendant elects
for jury
trial .
. .
. .
. .
Charges of indictable
offences that must be heard and decided
summarily
. .
. .
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. .
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. .
. .
. .
. .
. .
. .
. .
. .
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. .
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. .
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. Excluded offences
. .
. .
. .
. .
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Constitution
of Magistrates Court
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. .
. .
. When Magistrates
Court must
abstain from jurisdiction
. .
. .
. .
. .
Charge may be heard and decided where
defendant arrested or served .......................................
Time
for prosecution. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . Value of property affecting jurisdiction to
be decided by Magistrates
Court .
. .
. .
. .
. .
. .
. .
. .
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Maximum penalty for
indictable offences dealt
with summarily .
. Procedure under
section 552B. . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals against decision to decide
charge summarily. . . . . . . . . 300
301 301 302
302
302
303
303
304
304
305
305
305
305
306
306 307
309
309
316
317
318
318 318
319
319
320 Page 16
Chapter 59 553
554 557 558
559 Chapter 60 559A
560 560A 561
562 563 564
565 566 567
568 569 570
571 572 573
574 Chapter 61 575
576 577 578
579 580 581
582 583 584
585 Criminal Code Act 1899
Contents Jurisdiction—preliminary
proceedings—bail Jurisdiction . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Preliminary proceedings on charges of
indictable offences . . . . . Place of trial .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Persons brought before wrong court . . . . .
. . . . . . . . . . . . . . . . . Change of place of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indictments Definition for
ch 60
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Presenting
indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Place
where indictment is
presented .
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. Ex officio indictments .
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. Arrest of person charged
in ex
officio indictment .
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Nolle prosequi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form of indictment
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General rules applicable
to indictments .
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. Particular indictments .
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. Joinder of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cases
in which
several charges may
be joined
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Accessories
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. Statement of
previous conviction .
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Formal defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment
of indictments. .
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Particulars
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Summary convictions .
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. Effect of indictment Offences involving
circumstances of aggravation.
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Indictment
containing count of murder or manslaughter .
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Charge of homicide
of child
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. Charge of offence of a sexual nature . . . . . . . . . . . . . . . . . . . . . . Charge
of specific
injury—charge of injury with
specific intent . . Charge
of injury
to property
. .
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. Offences of
dishonesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charge
of procuring commission of
offence or
wrongful act . . . . Conviction
for attempt
to commit
offence .
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When evidence shows
offence of
similar nature . . . . . . . . . . . . .
Effect of conviction
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321 321 321
322 323
324
324
325
325
326
326
327
327
328
330
331
335
335
336
336
337
337
337
338
338
338
339
339
340
340
341
342
342
Page 17
Criminal Code Act 1899 Contents
586 Corrupt practices . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
587 Illegal practices. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
588 Charge of stealing stock . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
588A Charges of stealing certain animals
and of killing certain animals with intent to steal . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
589 Indictment for joint receiving. . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 62 Trial—adjournment—pleas— practice Chapter division
1 Bringing accused
person to
trial 590
Bringing
accused to
trial .
. .
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. Chapter division
2 Directions and
rulings before trial
590AA Pre-trial directions and
rulings .
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590AAA Noncompliance with
direction about disclosure
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Chapter division 3 Disclosure
by the
prosecution Chapter
subdivision A Preliminary provisions 590AB
Disclosure
obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
590AC Chapter
division does not have particular
consequences . . . . . .
Chapter subdivision B Interpretation 590AD
Definitions
for ch
div 3
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. 590AE
Meaning of possession
of the
prosecution . . . . . . . . . . . . . . . . . .
590AF Meaning of sensitive evidence . . . .
. . . . . . . . . . . . . . . . . . . . . . . 590AFA
Meaning of Evidence Act section 93A device
statement . . . . . . . 590AG Particular
references to an accused person include references
to a lawyer acting for the accused
person .
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. Chapter
subdivision C Disclosure 590AH
Disclosure
that must
always be
made .
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590AI When
mandatory disclosure must
be made
. .
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. 590AJ
Disclosure
that must
be made
on request
. .
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590AK When
requested disclosure must
be made
. .
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. 590AL
Ongoing obligation to
disclose .
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590AM How
disclosure may be made . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter subdivision D Limitations on
disclosure 590AN Limit on disclosure of things accused
person already has . . . . . . 590AO
Limit
on disclosure of sensitive evidence . . . . . . . . . . . . . . . .
. . . 590AOA Evidence Act
section 93A device statement. . . . . . . . . . . . . . . .
. 590AP Limit on disclosure of witness contact
details. . . . . . . . . . . . . . . . 590AQ
Limit
on disclosure contrary to the public interest . . . . . . . . . . .
. Chapter subdivision E Viewing
590AR Viewing evidence that is not original
evidence . . . . . . . . . . . . . . . Page 18
343 343 343
344 344 345 346
347
349
350
350
352
353 353 354 354
356
357
358
359
360
360 361 363
368 369 371
Criminal Code Act 1899 Contents
590AS Viewing particular evidence . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Chapter
subdivision F Miscellaneous provisions 590AT
Accused person may waive entitlement . . . .
. . . . . . . . . . . . . . . . 590AU
Court
may waive requirement. . . . . . . . . . . . . . . . . . . . . . .
. . . . . 590AV Disclosure directions under particular
provisions . . . . . . . . . . . . . 590AW
When
issues about disclosure must be resolved . . . . . . . . . . . .
. 590AX Unauthorised copying of sensitive evidence . . . . . . . . . . . . . . . .
Chapter division 4 Disclosure by an
accused person 590A Notice of alibi . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
590B Advance notice of expert evidence. . .
. . . . . . . . . . . . . . . . . . . . . 590C
Advance notice of representation if person
who made it is unavailable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter division 4A Disclosure
obligation directions 590D
Purpose and scope of ch div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . 590E Definitions for
ch div
4A .
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. 590F
Subject matter for disclosure obligation direction .
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590G Application for
disclosure obligation direction. .
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Chapter division 5 Bringing
on trial
and ordering adjournment 591
Accelerating trial of persons not under
committal . . . . . . . . . . . . 592
Adjournment of trial . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 593
Directions as to trial upon adjournment . .
. . . . . . . . . . . . . . . . . . 593A
Warrant to bring witness before court. . . .
. . . . . . . . . . . . . . . . . . Chapter division
6 Corporation as
accused person 594A Presence in
court and
plea where
accused person is a corporation ..................................... Chapter division 7 Applications by
accused person about
indictment 595
Delivery
of copy
of indictment. .
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596 Motion
to quash
indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597 Misnomer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter division 8 Separate
trials 597A
Separate
trials where 2 or more charges against
the same person .......................................
597B Separate
trials .
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Chapter division 9 Pleas 597C Accused person
to be
called on
to plead
to indictment .
. .
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. .
. 598
Pleas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
599 Defence
of justification for
defamation to be specially pleaded
. .
600 Persons committed for sentence . . . .
. . . . . . . . . . . . . . . . . . . . . 601
Standing mute . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 371
373 373 373
374 374
375 376 377 378
378
379
380
381 381 382
382 383
384
385
385
385
386
386
388
389
389 390 Page 19
Criminal Code Act 1899 Contents
602 Plea of autrefois convict or autrefois
acquit . . . . . . . . . . . . . . . . . 603
Trial
on plea to the jurisdiction . . . . . . . . . . . . . . . . . . . .
. . . . . . . 604 Trial by jury . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
605 Demurrer . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
613 Want of understanding of accused
person . . . . . . . . . . . . . . . . . . Chapter division
9A Trial by judge alone 614
Application for order . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 615
Making a no jury order . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 615A
More
than 1 charge or accused person . . . . . . . . . . . . . . . . . .
. . 615B Law and procedure to be applied . . .
. . . . . . . . . . . . . . . . . . . . . . 615C
Judge’s verdict and judgment
. .
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615D Particular
proceedings excluded from
application . . . . . . . . . . . .
615E References
to trial
by jury.
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Chapter division 10 Appearances and
fair conduct 616 Defence by counsel . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
617 Presence of accused . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
617A Juries . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter division 11 Trial of
issues 618 Evidence
in defence
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. 619
Speeches by counsel . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 620
Summing up . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 624
Special verdict . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
625 General verdict on charge of
defamation . . . . . . . . . . . . . . . . . . .
Chapter division 12 Other
provisions 630 Procedure on charge of an offence
committed after previous conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631 Further pleas
. .
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631A Plea
of guilty
during trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 63 Evidence—presumptions of
fact 632
Corroboration
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634 Evidence
on trials
for perjury
and subornation .
. .
. .
. .
. .
. .
. .
. .
635 Evidence
of previous
conviction . . . . . . . . . . . . . . . . . . . . . . . . . .
636 Evidence
of blood
relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . 638 Evidence of
authority .
. .
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. 639
Averments
about public officers
and public
service officers or
employees ......................................
641 Evidence on certain charges of
stealing money. . . . . . . . . . . . . . 390
390 390 391
391 392 392
393 394 394 395
395
395 396 396
397
397 398 398
398 399
400
400
401
402
402
402
403
404 404 Page
20
642 643 644
644A Chapter 63A 644B
644C 644D Chapter 64
645 646 647
648 649 650
651 652 653
659 Chapter 65 660
662 Chapter 67 668
668A 668B 668C
668D 668E 668F
669 669A 670
671 Criminal Code Act 1899
Contents Evidence on
charges relating to seals and stamps . . . . . . . . . . .
Intention to injure, deceive or defraud . .
. . . . . . . . . . . . . . . . . . . Admissions . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Witness giving incriminating answers. . . .
. . . . . . . . . . . . . . . . . . Nonattendance of
witness Nonattendance
of individual .
. .
. .
. .
. .
. .
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Nonattendance
of corporation .
. .
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. .
Noncompliance
is contempt
of court
. .
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. .
Verdict—judgment Accused person
insane during trial
. .
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. Discharge of
persons acquitted .
. .
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. .
. Acquittal on
ground of
insanity .
. .
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. .
Convicted
person to
be called
on to
show cause
. .
. .
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. .
. .
. .
. Arrest of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sentence
. .
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. Court may decide summary
offences if
a person
is charged
on indictment . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Proceedings to transmit charge for summary
offence . . . . . . . . . Remission of proceedings to court
exercising summary jurisdiction ..................................... Effect
of summary
conviction for indictable
offences .
. .
. .
. .
. .
. Costs Costs of prosecution in certain cases
. . . . . . . . . . . . . . . . . . . . . Taxation . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Appeal—pardon Definitions. .
. .
. .
. .
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. .
. Reference by
Attorney-General of pre-trial direction or
ruling .
. .
Reservation
of points
of law
. .
. .
. .
. .
. .
. .
. .
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. .
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. .
. Appeal from
arrest of
judgment .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Determination
of appeal
in ordinary
cases .
. .
. .
. .
. .
. .
. .
. .
. .
. Powers of Court in special cases
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Power to grant new trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal
by Attorney-General
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Revesting and
restitution of property
on conviction .
. .
. .
. .
. .
. .
Time for appealing
. .
. .
. .
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. .
. .
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. .
. .
405 406 406
406 407
407
408
408
409
409
409
410
410
410 412 413 413
414 414 415 415
416
417
418
418
419
420
420
422
423
Page 21
Criminal Code Act 1899 Contents
671A 671B 671D
671E 671F 671G
671H 671J 671K
671L 672 672A
675 676 677
Chapter 68 678
678A 678B 678C
678D 678E 678F
678G 678H 678I
678J 678K Chapter 69
679A 680 682
683 685B Judge’s notes and
report to be furnished on appeal . . . . . . . . . .
Supplemental powers . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Right of
appellant to be present . . . . . . . . . . . . . . . . . . . . . .
. . . . Appeals permitted in writing . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Costs of appeal .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Grant of bail to appellant
and custody
when attending Court.
. .
. Duties of registrar .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Documents,
exhibits etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recording
of trial
proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers
exercisable by a judge . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals from the decisions of
the Court
. .
. .
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. .
. Pardoning power
preserved .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Conditional
remission of sentence
by Governor. .
. .
. .
. .
. .
. .
. .
Pardon in case of imprisonment
for non-payment
of money
. .
. .
Effect of pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions
to double
jeopardy rules Definitions. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Application of
ch 68
. .
. .
. .
. .
. .
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. .
. .
. .
. .
. .
. .
. .
. .
. .
. Court may order retrial
for murder—fresh
and compelling evidence
....................................
Court
may order retrial for 25 year offence—tainted acquittal . .
. Fresh and compelling evidence—meaning. . . .
. . . . . . . . . . . . . . Tainted acquittal—meaning . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Interests of
justice—matters for consideration . . . . . . . . . . . . . .
. Application
for retrial—procedure
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Retrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisation of
police investigations .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on
publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Seizure and detention
of property
connected with offences—restitution of property
unlawfully acquired Search of aircraft . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Property found on
offenders on arrest . . . . . . . . . . . . . . . . . . . .
. Disposal of property seized . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Explosives . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Orders for delivery
of certain
property .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
424 424 425
426 426 426 428
428
429
430
430
431
431
432
432
432
433
434 435 435
436 437 438 439
440
441
441
442 443 443
444 445
Page
22
Chapter 70 686
687 688 689
690 691 692
693 694 695
Chapter 71 695A
696 697 699
700 702 704
705 706 706A
707 708 708A
Part
9 Chapter 72 709
Chapter 73 710
Criminal Code Act 1899 Contents
Informations by private persons for
indictable offences—ex officio indictments
Information by leave of the court by private
prosecutors . . . . . . . Security to be given by prosecutor for
costs of defence . . . . . . . . Service of
information. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Plea . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Default of plea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time
and place
of trial
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Effect of judgment for
prosecutor on demurrer
. .
. .
. .
. .
. .
. .
. .
. Effect of judgment by
default .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Costs of defence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Practice
to be
applied on
ex officio
indictment . . . . . . . . . . . . . . . Miscellaneous provisions Power to protect victim
of violence
by prohibiting publication of information about proceedings . . . .
. . . . . . . . . . . . . . . . . . . . . . . Warrant for
release of person detained in custody . . . . . . . . . . .
. Court may direct certain persons to be
prosecuted for perjury . . Staying prosecution for publication of
parliamentary paper . . . . . Certificate of
dismissal by justices . . . . . . . . . . . . . . . . . . . . . . .
. Saving of civil remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No
court fees
in criminal
cases .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Copies of depositions to
be allowed
to persons
committed for trial . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Inspection of depositions at trial . . . . .
. . . . . . . . . . . . . . . . . . . . . Development of
administrative arrangements . . . . . . . . . . . . . . .
Forms
of criminal proceedings . . . . . . . . . . . . . . . . . . . . . .
. . . . . Regulation-making power. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . Criteria for
recommending an entity be declared
a criminal organisation . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional and validation
provisions Transitional provision for Act No. 18 of
1999 Transitional provision for Act No. 18 of
1999 . . . . . . . . . . . . . . . . Transitional
provision for Justice Legislation (Miscellaneous
Provisions) Act (No. 2) 1999 Transitional provision for Justice
Legislation (Miscellaneous Provisions) Act
(No.
2) 1999.
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
445 446 446
447 447
447
448
448
448
449
449 450 451
451 452 452 453
453 453 453
455 455 455
457 457
Page 23
Criminal Code Act 1899 Contents
Chapter 74 711
Chapter 75 712
Chapter 76 713
Chapter 77 714
Chapter 78 715
Chapter 79 716
Chapter 80 717
Chapter 81 718
Chapter 82 719
Chapter 83 720
Chapter 84 721
Chapter 85 722
Transitional provision for Criminal Law
Amendment Act 2000 Transitional provision for Criminal
Law Amendment Act 2000 . . . Transitional
provision for Criminal Law Amendment Act 2002
Transitional provision for Criminal Law
Amendment Act 2002 . . . Transitional provision for
Sexual Offences (Protection of Children)
Amendment Act 2003
Transitional
provision for Sexual Offences (Protection of Children)
Amendment Act 2003—unlawful sexual
relationship . .
Validation
provision for Criminal
Proceeds Confiscation Act 2002 Validation
provision for Criminal
Proceeds Confiscation Act 2002—presentation
of indictment. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Transitional provision for
Evidence (Protection
of Children) Amendment Act
2003 Transitional provision for
disclosure by the prosecution .
. .
. .
. .
. Transitional provision for
Defamation Act 2005
Defence of truth of defamatory
matter still to be specially
pleaded
.......................................
Transitional
provision for Criminal
Code Amendment Act 2006 Effect
of repeal
of ss
56, 57
and 58
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Transitional provision for
Justice and
Other Legislation Amendment Act
2007 Appointment of
animal valuers . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional
provision for Criminal
Code and
Other Acts Amendment
Act 2008 References
to particular offences. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Transitional provision for
Criminal Code and Jury and
Another Act Amendment
Act 2008 Trial
by judge
alone .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Transitional
provision for Justice
and Other
Legislation Amendment Act
2008, part
8 Notices to witnesses. .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. .
. .
. .
. .
. Transitional provision for
the Criminal Code
(Medical Treatment)
Amendment Act 2009
Retrospective
application of amendment
. .
. .
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. .
. .
. 458
459 459
460
460
461
461
462
462
463
464
464
Page
24
Chapter 86 723
Chapter 87 724
Chapter 88 725
726 727 Chapter 89
728 Chapter 90 729
Chapter 91 730
Chapter 92 731
Criminal Code Act 1899 Contents
Transitional provisions for Criminal Code
(Abusive Domestic Relationship Defence and Another
Matter) Amendment Act 2010 Retrospective
application of amendment . . . . . . . . . . . . . . . . . .
. Transitional provision for members of QR
Group Employees of members of QR Group taken to be
persons employed
in public
service during interim
period .
. .
. .
. .
. .
. .
. .
Transitional
provisions for Civil and Criminal
Jurisdiction Reform and Modernisation Amendment Act
2010 Definitions for
ch 88
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. .
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. .
. .
. New disclosure
provisions apply only to prosecutions commenced after
commencement . . . . . . . . . . . . . . . . . . . . . . . .
New summary disposition
provisions apply only to prosecutions commenced after
commencement . . . . . . . . . . . . . . . . . . . . . . . .
Transitional
provision for Criminal
Code and
Other Legislation Amendment Act
2011 Application of
amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional
provision for Criminal
Law Amendment Act 2012 Application of
amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional
provisions for Criminal
Law (Child Exploitation and Dangerous
Drugs) Amendment Act
2013 Indictments for
offences .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Transitional provision for
Criminal Law (Criminal Organisations Disruption) and
Other Legislation Amendment Act
2013 Application of
amended s
597C .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
. .
. .
. 465
466
467
467
467
469
469
471
471
Endnotes 1
2 3 4
5 6 7
8 9 10
Index to endnotes
. .
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. .
Date to which amendments incorporated. .
. .
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. .
. .
Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. List of legislation
for Criminal Code
Act 1899.
. .
. .
. .
. .
. .
. .
. .
. .
. .
List of annotations
for Criminal Code
Act 1899
. .
. .
. .
. .
. .
. .
. .
. .
. List of legislation for
Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . . List
of annotations for
Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . .
Forms notified or
published in the gazette . . . . . . . . . . . . . . . . . . . . .
Transitional
and savings
provisions for Criminal
Code .
. .
. .
. .
. .
. .
. 472 472
473
473 476
477
477
494
561
562
Page 25
Criminal Code Act 1899 Criminal Code Act
1899 [s 1] [as amended by
all amendments that commenced on or before 27 November
2013] 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— An Act to
establish a Code of Criminal Law 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 Current as at 27 November 2013
Page
27
Criminal Code Act 1899 [s 3]
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. Page 28
Current as at 27 November 2013
Criminal Code Act 1899 [s 4]
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 Current as at 27 November 2013
Page
29
Criminal Code Act 1899 [s 6]
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 Her Majesty’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 Page 30 Current as at 27
November 2013
Criminal Code Act 1899 [s 8]
can
not be so punished and also punished under the provisions
of
the Code for the same act or omission. Current as at 27
November 2013 Page 31
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
Schedule 1 The Criminal
Code section 2 Part 1
Introductory Interpretation—application—general
principles Chapter 1 Interpretation 1
Definitions In this
Code— adult means a person
of or above the age of 18 years. adult
entertainment has the meaning given by the
Liquor Act 1992
,
section 103E. 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 Page 32
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
(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. approved
manager means
an approved manager
under the
Prostitution Act 1999 .
arresting officer —
(a) for chapter 62, chapter division 3,
see section 590AD; or (b) for chapter 62,
chapter division 4A, see section 590E. 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.
bodily harm
means any
bodily injury
which interferes with
health or comfort. brothel
licence has the meaning given by the
Prostitution Act 1999
,
schedule 4. canal includes
aqueduct. carnal knowledge see section
6. child exploitation material
,
for chapter 22, see section 207A. Current as at 27
November 2013 Page 33
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
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. classification officer
,
for chapter 22, see section 207A. 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. committal for trial includes
committal for sentence. 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. court , for chapter
62, chapter division 3, see section 590AD. crematorium includes
the land or
water where
the crematorium is situated.
criminal history
, for chapter
62, chapter division
3, see section
590AD. Page 34 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
criminal organisation means—
(a) an organisation of 3 or more
persons— (i) who have as their purpose, or 1 of
their purposes, engaging in,
organising, planning,
facilitating, supporting, or
otherwise conspiring to engage in, serious
criminal activity
as defined under
the Criminal Organisation Act 2009
;
and (ii) who,
by their association, represent
an unacceptable risk to the safety,
welfare or order of the community; or (b)
a
criminal organisation under the Criminal
Organisation Act 2009 ; or
(c) an entity
declared under
a regulation to
be a criminal
organisation. 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 , caused to a
person, includes detriment caused to a person’s
property. disclosure obligation , for chapter
62, chapter division 4A, see section
590E. disclosure obligation direction
, for chapter
62, chapter division 4A, see
section 590E. Current as at 27 November 2013
Page
35
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
Page
36 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.
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. 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. Current as at 27 November
2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
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. 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. 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. inland
water includes river, canal and reservoir.
judicial officer includes—
(a) an arbitrator, or
umpire, appointed
in relation to
an arbitration in which evidence may be
taken on oath; and Current as at 27 November 2013
Page
37
Schedule 1 The Criminal Code
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Introductory Chapter 1 Interpretation [s 1]
Page
38 (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
Misconduct Commission under
the Crime and
Misconduct 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 Misconduct 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 Misconduct 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 Current as at 27 November
2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
service, or the chairperson of the Crime and
Misconduct Commission, to
help a
member or
officer of
a law enforcement
agency. liable ,
used alone,
means liable
on conviction upon
indictment. licensed
brothel has
the meaning given
by the Prostitution Act 1999
,
schedule 4. licensee , for a licensed
brothel, means the person who holds the brothel
licence for the brothel under the Prostitution
Act 1999 .
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. 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. party , for chapter
62, chapter division 4A, see section 590E. Current as at 27
November 2013 Page 39
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
Page
40 penetrate , for chapter
32, see section 347. 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 Her
Majesty. 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. 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. premises includes—
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
(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 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. 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. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Introductory Chapter 1 Interpretation [s 1]
prosecution —
(a) for chapter 62, chapter division 3,
see section 590AD; or (b) for chapter 62,
chapter division 4A, see section 590E. prostitution has the meaning
given by section 229E. 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
; (iii) the
State Buildings
Protective Security
Act 1983 ;
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.
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. Page 42
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
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. 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. relevant proceeding ,
for chapter 62,
chapter division
3, see section
590AD. sensitive evidence
, for chapter
62, chapter division
3, see section
590AF. 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. ship includes
every kind
of vessel used
in navigation not
propelled by oars. Current as at 27
November 2013 Page 43
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 1]
someone , for chapter
22, see section 207A. spent conviction ,
for chapter 62,
chapter division
3, see section
590AD. 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. summary
conviction means
summary conviction before
a Magistrates Court. the offender can
not be arrested without warrant see
section 5(3). the
offender may
be arrested without
warrant see
section 5(1).
trial includes
a proceeding wherein
a person is
to be sentenced. 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. 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. Page 44 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 1 Interpretation [s 2]
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. Current as at 27
November 2013 Page 45
Schedule 1 The Criminal Code
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Introductory Chapter 1 Interpretation [s 4]
(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. Page 46
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 2 Parties to offences
[s
6] (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 Carnal knowledge (1)
If carnal knowledge
is used in
defining an
offence, the
offence, so far as regards that element of
it, is complete on penetration to any extent.
(2) Carnal knowledge includes
sodomy. 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. Current as at 27
November 2013 Page 47
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 2 Parties to offences
[s
8] (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. Page 48
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 3 Application of criminal law
[s
10] 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 Current as at 27 November 2013
Page
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[s
12] 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. Page 50
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 3 Application of criminal law
[s
13] 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
Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Introductory Chapter 3 Application of criminal law
[s
15] done or the omission was made, if the person
had done the act or made the omission. 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 — This section does
not apply to the charge mentioned in section 678B
(Court may order retrial for murder—fresh
and compelling evidence) or 678C (Court may order retrial for 25
year offence—tainted acquittal). Page 52
Current as at 27 November 2013
Chapter 4 Schedule 1 The
Criminal Code Part 1 Introductory Chapter 4 Royal
prerogative of mercy [s 18] Royal
prerogative of mercy 18 Royal prerogative of mercy
This
Code does not affect the Royal prerogative of mercy.
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. Current as at 27
November 2013 Page 53
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 5 Criminal responsibility
[s
23] 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. Page 54
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 5 Criminal responsibility
[s
25] (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. Current as at 27
November 2013 Page 55
Schedule 1 The Criminal Code
Part 1
Introductory Chapter 5 Criminal responsibility
[s
28] 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. Page 56 Current as at 27
November 2013
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Part 1
Introductory Chapter 5 Criminal responsibility
[s
31] 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.
Current as at 27 November 2013
Page
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Offences against public order Chapter 7
Sedition [s 34] 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. 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.
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 Page 58 Current as at 27
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Offences against public order Chapter 7
Sedition [s 45] House
of Parliament of
the United Kingdom
or of Queensland, or
against the administration of justice; (c)
to excite Her
Majesty’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
Her Majesty’s subjects;
(e) to promote
feelings of
ill will and
enmity between
different classes of Her Majesty’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 Her 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 Her Majesty’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 Her Majesty’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. Current as at 27
November 2013 Page 59
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Offences against public order Chapter 7
Sedition [s 51] (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.
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— Page 60 Current as at 27
November 2013
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Part 2
Offences against public order Chapter 8 Offences
against the executive and legislative power [s 53]
(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 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. Current as at 27 November 2013
Page
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Offences against public order Chapter 8 Offences
against the executive and legislative power [s 54]
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 Page 62 Current as at 27
November 2013
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Part 2
Offences against public order Chapter 8 Offences
against the executive and legislative power [s 54A]
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 . Current as at 27 November 2013
Page
63
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Part 2
Offences against public order Chapter 8 Offences
against the executive and legislative power [s 55]
(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
Page
64 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 2
Offences against public order Chapter 8 Offences
against the executive and legislative power [s 56A]
(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
Current as at 27 November 2013
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against the executive and legislative power [s 56B]
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 Page 66 Current as at 27
November 2013
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Part 2
Offences against public order Chapter 8 Offences
against the executive and legislative power [s 58]
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 Current as at 27
November 2013 Page 67
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Part 2
Offences against public order Chapter 8 Offences
against the executive and legislative power [s 59]
(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 Page 68
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Part 2
Offences against public order Chapter 9 Breaches
of the peace [s 60A] 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 Her Majesty,
whether such property is the property of the
offender or of any other person. Chapter 9
Breaches of the peace 60A
Participants in criminal organisation being
knowingly present in public places (1)
Any
person who is a participant in a criminal organisation and
is
knowingly present in a public place with 2 or more other
Current as at 27 November 2013
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of the peace [s 60A] persons
who are participants in
a criminal organisation commits an
offence. Minimum penalty—6 months imprisonment served
wholly in a corrective services facility.
Maximum penalty—3 years imprisonment.
(2) It is a defence to a charge of an
offence against subsection (1) to prove that
the criminal organisation is not an organisation
that
has, as 1 of its purposes, the purpose of engaging in, or
conspiring to engage in, criminal
activity. (3) In this section— member
, of
an organisation, includes an associate member, or
prospective member, however
described. participant , in a criminal
organisation, means— (a) if
the organisation is
a body corporate—a director
or officer of the body corporate;
or (b) a person who (whether by words or
conduct, or in any other way)
asserts, declares
or advertises his
or her membership of,
or association with, the organisation; or (c)
a
person who (whether by words or conduct, or in any
other way) seeks to be a member of, or to be
associated with, the organisation; or
(d) a person who attends more than 1
meeting or gathering of persons
who participate in
the affairs of
the organisation in any way; or
(e) a person who takes part in the affairs
of the organisation in any other way; but does not
include a lawyer acting in a professional capacity.
public place means—
(a) a place, or part of 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 Page 70 Current as at 27
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Offences against public order Chapter 9 Breaches
of the peace [s 60B] (b)
a
place, or part of a place, the occupier of which allows,
whether or not on payment of money, members
of the public to enter. 60B
Participants in criminal organisation
entering prescribed places and attending prescribed
events (1) Any person who is a participant in a
criminal organisation and enters, or
attempts to
enter, a
prescribed place
commits an
offence. Minimum
penalty—6 months imprisonment served wholly in a corrective
services facility. Maximum penalty—3 years imprisonment.
(2) Any person who is a participant in a
criminal organisation and attends, or attempts to attend, a
prescribed event commits an offence.
Minimum penalty—6 months imprisonment served
wholly in a corrective services facility.
Maximum penalty—3 years imprisonment.
(3) It is a defence to a charge of an
offence against subsection (1) or
(2) to prove
that the
criminal organisation is
not an organisation that
has, as
1 of its
purposes, the
purpose of
engaging in, or conspiring to engage in,
criminal activity. (4) In this section— participant , in a criminal
organisation, see section 60A. prescribed
event means an event declared under a
regulation to be a prescribed event.
prescribed place means a place
declared under a regulation to be a prescribed
place. Current as at 27 November 2013
Page
71
Schedule 1 The Criminal Code
Part 2
Offences against public order Chapter 9 Breaches
of the peace [s 60C] 60C
Participants in criminal organisation
recruiting persons to become participants in the
organisation (1) Any person who is a participant in a
criminal organisation and recruits, or attempts to recruit,
anyone to become a participant in a criminal
organisation commits an offence. Minimum
penalty—6 months imprisonment served wholly in a corrective
services facility. Maximum penalty—3 years imprisonment.
(2) It is a defence to a charge of an
offence against subsection (1) to prove that
the criminal organisation is not an organisation
that
has, as 1 of its purposes, the purpose of engaging in, or
conspiring to engage in, criminal
activity. (3) In this section— criminal
organisation does
not include a
criminal organisation
under the Criminal Organisation Act 2009
. participant , in a criminal
organisation, see section 60A. recruit
, a person,
to become a
participant in
a criminal organisation, includes
counsel, procure,
solicit, incite
and induce the person, including by
promoting the organisation, to become a
participant in the organisation. 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— Page 72
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 2
Offences against public order Chapter 9 Breaches
of the peace [s 69] (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. (3) In this section— building
includes structure. vehicle
means a motor vehicle, train, aircraft or
vessel. 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)
The offender may
be, and it
is hereby declared
that the
offender always was liable to be, arrested
without warrant. 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. Current as at 27
November 2013 Page 73
Schedule 1 The Criminal Code
Part 2
Offences against public order Chapter 9 Breaches
of the peace [s 71] (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)
If
the person convicted of an offence against subsection (1) is
a participant in
a criminal organisation, the
offence is
punishable on conviction as follows—
Minimum penalty—6 months imprisonment served
wholly in a corrective services facility;
Maximum penalty—7 years imprisonment.
(3) For an offence defined in subsection
(1) alleged to have been committed with the circumstance of
aggravation mentioned in subsection (2),
it is a
defence to
the circumstance of
aggravation to prove that the criminal
organisation is not an organisation that
has, as
1 of its
purposes, the
purpose of
engaging in, or conspiring to engage in,
criminal activity. (4) In this section— participant , in a criminal
organisation, see section 60A. Page 74
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 2
Offences against public order Chapter 10
Offences against political liberty [s 74]
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 offence is committed in the
night the offender is guilty of a crime, and
is liable to imprisonment for 5 years. Chapter 10
Offences against political
liberty 78
Interfering with political liberty
(1) Any person who by violence, or by
threats or intimidation of any kind, hinders or interferes with
the free exercise of any political right by another person, is
guilty of a misdemeanour, and is liable to imprisonment for 2
years. (2) If the offender is a public officer,
and commits the offence in abuse of the offender’s authority as
such officer, the offender is liable to imprisonment for 3
years. Current as at 27 November 2013
Page
75
Schedule 1 The Criminal Code
Part 2
Offences against public order Chapter 11
Piracy [s 79] Chapter 11
Piracy 79
Definition of act of
piracy (1) A person does an act of
piracy if the person, in relation to a
ship
travelling at sea, unlawfully— (a)
boards the ship without the master’s consent
and with intent— (i)
to
commit robbery; or (ii) to deal with the
ship, a person on the ship or the equipment of the
ship in a way that would be likely to endanger the
safe use of the ship; or (b) boards the ship
without the master’s consent and— (i)
commits robbery; or (ii)
deals with
the ship, a
person on
the ship or
the equipment of
the ship in
a way that
is likely to
endanger the safe use of the ship; or
(c) steals the ship, or directly or
indirectly takes control of the ship without
the master’s consent, in circumstances that constitute
robbery; or (d) having taken possession of the ship in
contravention of paragraph (c), retains possession of the
ship; or (e) confines the ship’s master against his
or her will. (2) A person also does an act of
piracy if the person— (a)
trades with or supplies provisions to a
pirate when the person knows or ought reasonably to know the
person is dealing with a pirate; or
(b) builds a ship with the intention that
the ship will be used for an act of piracy.
(3) In this section— builds
includes fits out. Page 76
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 12
Unlawfully obtaining or disclosing information [s 80]
master means the person
having command or charge of the ship and does
not include a pilot having the conduct of the ship, but not
belonging to the ship. pirate means a person
carrying out or intending to carry out an act of
piracy. 80 Crime of piracy A person who
does an act of piracy commits a crime. Maximum
penalty—life imprisonment. Part 3 Offences against
the administration of law and
justice, against office and
against public authority Chapter 12
Unlawfully obtaining or disclosing
information 85 Disclosure of official secrets
A
person who is or has been employed as a public officer who
unlawfully publishes
or communicates any
information that
comes or came to his or her knowledge, or
any document that comes or
came into
his or her
possession, by
virtue of
the person’s office, and that it is or was
his or her duty to keep secret, commits a misdemeanour.
Maximum penalty—2 years imprisonment.
Current as at 27 November 2013
Page
77
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 12
Unlawfully obtaining or disclosing information [s 86]
86 Obtaining of or disclosure of secret
information about the identity of informant
(1) A person who, without lawful
justification or excuse, obtains or attempts to
obtain secret information in the possession of a
law
enforcement agency or law enforcement officer about the
identity of a criminal organisation
informant commits a crime. Maximum penalty—10 years
imprisonment. (2) A person
who, without
lawful justification or
excuse, publishes
or communicates secret
information in
the possession of, or obtained from, a law
enforcement agency or law enforcement officer
about the
identity of
a criminal organisation
informant commits a crime. Maximum penalty—10 years
imprisonment. (3) In this section— criminal
organisation informant
means any
of the following— (a)
anyone who
has given, to
the police service
or an external
agency, information that
the commissioner reasonably believes
is criminal intelligence for
the purposes of
the Criminal Organisation Act
2009 ,
and who is
not a police
officer or
officer of
the external agency;
(b) an authorised officer
who has obtained
information in
relation to the activities of a criminal
organisation while acting under the Police Powers
and Responsibilities Act 2000 , chapter
12; (c) a police officer who has obtained
information through the use of an assumed identity, whether or
not under the Police Powers
and Responsibilities Act
2000 ,
chapter 12;
Editor’s note —
Police Powers
and Responsibilities Act
2000 , chapter
12 (Assumed identities)
Page
78 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 13
Corruption and abuse of office [s 87]
(d) an informant under the
Criminal Organisation Act 2009
, schedule 2, definition
informant , paragraph
(d). external agency
see the Criminal
Organisation Act
2009 ,
section 59A. information ,
about the
identity of
a criminal organisation informant, includes
information that
is likely to
lead to
the identity of the informant becoming
known. secret information ,
in the possession of
a law enforcement agency or law
enforcement officer, means information it is the
duty
of the agency or officer to keep secret. Chapter 13
Corruption and abuse of office
87 Official corruption
(1) Any person who— (a)
being employed
in the public
service, or
being the
holder of any public office, and being
charged with the performance of any duty by virtue of such
employment or office, not being a duty touching the
administration of justice, corruptly 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 on account of anything already done or omitted
to be done, or to be afterwards done or omitted to be
done, by the person in
the discharge of
the duties of
the person’s office;
or (b) corruptly gives,
confers, or
procures, or
promises or
offers to
give or
confer, or
to procure or
attempt to
procure, to,
upon, or
for, any
person employed
in the public service,
or being the holder of any public office, or
to, upon, or
for, any
other person,
any property or
benefit of
any kind on
account of
any such act
or Current as at 27 November 2013
Page
79
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 13
Corruption and abuse of office [s 88]
omission on
the part of
the person so
employed or
holding such office; is guilty of a
crime, and is liable to imprisonment for 7 years,
and
to be fined at the discretion of the court. (1A)
If
the offence is committed by or in relation to a Minister of
the Crown, as
the holder of
public office
mentioned in
subsection (1), the offender is liable to
imprisonment for 14 years, and to be fined at the discretion of
the court. (2) The offender can not be arrested
without warrant. 88 Extortion by public officers
Any
person who, being employed in the public service, takes
or accepts from
any person, for
the performance of
the person’s duty as such officer, any
reward beyond the person’s proper pay and emoluments, or any
promise of such reward, is guilty of a misdemeanour, and is
liable to imprisonment for 3 years.
89 Public officers interested in
contracts (1) Any person
who, being
employed in
the public service,
knowingly acquires or holds, directly or
indirectly, otherwise than as
a member of
a registered joint
stock company
consisting of more than 20 persons, a
private interest in any contract or agreement which is made on
account of the public service with respect to any matter
concerning the department of the service in which the person is
employed, is guilty of a misdemeanour, and is liable to
imprisonment for 3 years, and to be fined at
the discretion of the court. (2)
A reference in
subsection (1)
to a person
employed in
the public service includes a ministerial
staff member under the Ministerial and Other Office Holder
Staff Act 2010 and, for that
purpose— Page 80 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 13
Corruption and abuse of office [s 90]
(a) a ministerial staff member employed in
the office of a Minister is
taken to
be employed in
each department administered by
the Minister; and (b) a ministerial staff member employed in
the office of an Assistant Minister
is taken to
be employed in
each department for
which the
Assistant Minister
is given responsibility
under his or her functions. Note —
Under the
Constitution of
Queensland 2001
, section 25,
an Assistant Minister has the functions
decided by the Premier. 90 Officers charged
with administration of property of a special character
or with special duties Any person who, being employed in the
public service, and being charged by virtue of the person’s
employment with any judicial or
administrative duties
respecting property
of a special
character, or
respecting the
carrying on
of any manufacture, trade,
or business, of
a special character, and
having acquired
or holding, directly
or indirectly, a
private interest in any
such property, manufacture, trade, or business, discharges any
such duties
with respect
to the property,
manufacture, trade, or business, in which
the person has such interest, or
with respect
to the conduct
of any person
in relation thereto, is guilty of a
misdemeanour, and is liable to imprisonment for
1 year, and to be fined at the discretion of the
court. 91 False claims by officials
Any
person who, being employed in the public service in such
a
capacity as to require the person or to enable the person to
furnish returns
or statements touching
any remuneration payable or
claimed to be payable to himself, herself or to any
other person, or touching any other matter
required by law to be certified for
the purpose of
any payment of
money or
delivery of goods to be made to any person,
makes a return or statement touching any such matter which is,
to the person’s Current as at 27 November 2013
Page
81
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 13
Corruption and abuse of office [s 92]
knowledge, false
in any material
particular, is
guilty of
a misdemeanour, and is liable to
imprisonment for 3 years. 92 Abuse of
office (1) Any person who, being employed in the
public service, does or directs to be done, in abuse of the
authority of the person’s office, any arbitrary act prejudicial
to the rights of another is guilty of a
misdemeanour, and is liable to imprisonment for 2
years. (2)
If
the act is done or directed to be done for purposes of gain,
the
person is liable to imprisonment for 3 years. 92A
Misconduct in relation to public
office (1) A public officer who, with intent to
dishonestly gain a benefit for the
officer or
another person
or to dishonestly cause
a detriment to another person—
(a) deals with information gained because
of office; or (b) performs or fails to perform a
function of office; or (c) without limiting
paragraphs (a) and (b), does an act or makes an
omission in abuse of the authority of office; is guilty of a
crime. Maximum penalty—7 years imprisonment.
(2) A person
who ceases to
be a public
officer in
a particular capacity is
guilty of a crime if, with intent to dishonestly gain
a
benefit for the person or another person or to dishonestly
cause a
detriment to
another person,
the person deals
with information
gained because of the capacity. Maximum
penalty—7 years imprisonment. (3)
Subsection (2) applies whether or not the
person continues to be a public officer in some other
capacity. (4) A reference in subsections (1) and (2)
to information gained because of office or a particular
capacity includes information Page 82
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 13
Corruption and abuse of office [s 92A]
gained because
of an opportunity provided
by the office
or capacity. (4A)
The
offender is liable to imprisonment for 14 years if, for an
offence against
subsection (1)
or (2), the
person who
dishonestly gained
a benefit, directly
or indirectly, was
a participant in a criminal
organisation. (4B) For an offence
defined in subsection (1) or (2) alleged to have
been committed
with the
circumstance of
aggravation mentioned
in subsection (4A),
it is a
defence to
the circumstance of
aggravation to
prove that
the criminal organisation is
not an organisation that
has, as
1 of its
purposes, the purpose of engaging in, or
conspiring to engage in, criminal activity.
(5) In this section— authority
, of
office, includes the trust imposed by office and
the
influence relating to office. deals
with includes the following— (a)
uses; (b)
supplies; (c)
copies; (d)
publishes. function
includes power. information includes
knowledge. office , in relation to
a person who is a public officer, means the
position, role
or circumstance that
makes the
person a
public officer. participant , in a criminal
organisation, see section 60A. performs
includes purportedly performs and in
relation to a power, exercises and purportedly
exercises. Current as at 27 November 2013
Page
83
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 13
Corruption and abuse of office [s 93]
93 Corruption of surveyor and
valuator Any person who, being duly appointed under
any statute to be a valuator for determining the compensation
to be paid to any person for land compulsorily taken from the
person under the authority of any statute, or for injury done
to any land under the authority of any statute—
(a) acts as
such valuator
while the
person has,
to the person’s
knowledge, an interest in the land in question; or
(b) executes unfaithfully, dishonestly, or
with partiality, the duty of making a valuation of the land
or of the extent of the injury; is guilty of a
misdemeanour, and is liable to imprisonment for 3 years.
94 False certificates by public
officers Any person who, being authorised or required
by law to give any certificate touching
any matter by
virtue whereof
the rights of
any person may
be prejudicially affected,
gives a
certificate which is, to the person’s
knowledge, false in any material particular is guilty of a
misdemeanour, and is liable to imprisonment
for 3 years. 95 Administering extrajudicial
oaths (1) Any person
who administers an
oath, or
takes a
solemn declaration or
affirmation or
affidavit, touching
any matter with respect to
which the person has not by law any authority to
do so, is
guilty of
a misdemeanour, and
is liable to
imprisonment for 1 year. (2)
This section
does not
apply to
an oath, declaration, affirmation, or
affidavit, administered or taken before a justice
in
any matter relating to the preservation of the peace or the
punishment of
offences, or
relating to
inquiries respecting sudden
death, or
to proceedings before
the Legislative Page 84
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 13
Corruption and abuse of office [s 96]
Assembly or a committee of the Legislative
Assembly; nor to an oath, declaration, affirmation, or
affidavit, administered or taken for
some purpose
which is
lawful under
the laws of
another country,
or for the
purpose of
giving validity
to an instrument in
writing which is intended to be used in another country.
96 False assumption of authority
Any
person who— (a) not being a justice assumes to act as
a justice; or (b) without authority
assumes to
act as a
person having
authority by law to administer an oath or
take a solemn declaration or affirmation or affidavit, or
to do any other act of a public nature which can only be
done by persons authorised by law to do so; or
(c) represents himself or herself to be a
person authorised by law to sign a document testifying to the
contents of any register or
record kept
by lawful authority, or
testifying to any fact or event, and signs
such document as being so
authorised, when
the person is
not, and
knows that the person is not, in fact, so
authorised; is guilty of a misdemeanour, and is liable
to imprisonment for 3 years. 97
Personating public officers
(1) A person who— (a)
personates a
public officer
on an occasion
when the
officer is required or authorised to do an
act or attend in a place by virtue of the officer’s office;
or (b) falsely represents himself
or herself to
be a public
officer, and assumes to do an act or to
attend in a place for the purpose of doing an act by virtue of
being that officer; Current as at 27
November 2013 Page 85
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 14 Corrupt
and improper practices at elections [s 98]
commits a misdemeanour. Maximum
penalty—3 years imprisonment. (2)
A person found
committing the
offence may
be arrested without
warrant. (3) In this section— office
includes appointment and employment.
Chapter 14 Corrupt and
improper practices at elections Chapter division
1 Definitions for ch 14 98
Definitions In this
chapter— authorising Act , for an
election, means the Act under which the election is
held. ballot box includes any
receptacle in which voting papers are put before being
counted at an election. election includes any
election held under the authority of any statute
providing for the choice of persons to fill any office or
place of a public character.
elector includes any
person entitled to vote at an election. Page 86
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 14
Corrupt and improper practices at elections [s 98A]
Chapter division 2 Legislative
Assembly elections and referendums
98A Reference to election or
referendum In this chapter division—
(a) a reference to an election is a
reference to an election of a member or
members of the Legislative Assembly; and (b)
a reference to
a referendum is
a reference to
a referendum under the
Referendums Act 1997 .
98B False or misleading information
(1) A person who gives information to the
Electoral Commission of Queensland under the
Electoral Act 1992 or
Referendums Act
1997 ,
including information in
a document, that
the person knows is false or misleading in
a material particular is guilty of a crime. Maximum
penalty—7 years imprisonment. (2)
Subsection (1) does not apply to a person
giving a document if, when giving the document to someone, the
person— (a) informs the
other person,
to the best
of the person’s
ability, how it is false or misleading;
and (b) if the person has, or can reasonably
obtain, the correct information—gives the
other person
the correct information. 98C
Bribery (1)
A
person who— (a) asks for or receives; or
(b) offers, or agrees, to ask for or
receive; Current as at 27 November 2013
Page
87
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 14 Corrupt
and improper practices at elections [s 98D]
a benefit of
any kind, whether
for himself or
herself or
for someone else, on the understanding
that the person’s election conduct will be influenced or affected
is guilty of a crime. Maximum penalty—7 years
imprisonment. (2) A person who, in order to influence or
affect another person’s election conduct,
gives a
benefit of
any kind to
anyone is
guilty of a crime. Maximum
penalty—7 years imprisonment. (3)
In
this section— election conduct of a person
means— (a) the way
in which the
person votes
at an election
or referendum; or (b)
the
person’s nominating as a candidate for an election;
or (c) the person’s
support of, or opposition to, a candidate or a political
party at an election; or (d) the
person’s approval
or disapproval of
the Bill or
question submitted to the electors at a
referendum. give includes promise
or offer to give. 98D Forging or uttering electoral or
referendum paper (1) A person who— (a)
forges an electoral or referendum paper;
or (b) utters a forged electoral or
referendum paper knowing it to be
forged; is guilty of a crime. Maximum
penalty—10 years imprisonment. (2)
A
person who makes the signature of another person on—
(a) an electoral paper, unless the person
is authorised to do so under the Electoral Act
1992 ; or Page 88 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 14
Corrupt and improper practices at elections [s 98E]
(b) a referendum paper, unless the person
is authorised to do so under the Referendums Act
1997 ; is guilty of a crime.
Maximum penalty—10 years
imprisonment. (3) In this section— electoral
paper means a ballot paper, declaration envelope
or other document
issued by
the Electoral Commission of
Queensland under the Electoral Act
1992 . referendum paper means a ballot
paper, declaration envelope or
other document
issued by
the Electoral Commission of
Queensland under the Referendums Act
1997 . 98E Influencing
voting (1) A person who improperly influences the
vote of a person at an election or referendum is guilty of a
crime. Maximum penalty—2 years imprisonment.
(2) In this section— improperly influence
means influence
by intimidation or
violence. 98F
Providing money for illegal payments
A
person who knowingly provides money for— (a)
a
payment that is contrary to law relating to elections or
referendums; or (b)
replacing any
money that
has been spent
in making a
payment that is contrary to law relating to
elections or referendums; is guilty of a
crime. Maximum penalty—2 years imprisonment.
Current as at 27 November 2013
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Offences against the administration of law and justice, against
office and against public authority Chapter 14 Corrupt
and improper practices at elections [s 98G]
98G Voting if not entitled
A
person who, at an election or referendum— (a)
votes in the name of another person,
including a dead or fictitious person; or (b)
votes more than once; or (c)
casts a
vote that
the person knows
the person is
not entitled to cast; or
(d) procures someone to vote who, to the
procuring person’s knowledge, is not entitled to vote;
is
guilty of a crime. Maximum penalty—3 years imprisonment.
Chapter division 3 Other
elections 98H Application of ch div 3
This
chapter division applies to an election other than—
(a) an election of a member or members of
the Legislative Assembly; or (b)
an
election for a local government .
99 Voting if not entitled
(1) A person
who votes at
an election in
the name of
another person,
including a
dead or
fictitious person,
commits a
misdemeanour. Maximum
penalty—2 years imprisonment. (2)
A
person who votes at an election more often than the person
is
entitled to vote at the election commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(3) A person who casts a vote at an
election that the person knows the person is
not entitled to cast commits a misdemeanour. Page 90
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Offences against the administration of law and justice, against
office and against public authority Chapter 14
Corrupt and improper practices at elections [s 100]
Maximum penalty—2 years imprisonment.
(4) A person who procures another person
to vote at an election who, to the procurer’s knowledge, is
not entitled to vote at the election commits
a misdemeanour. Maximum penalty—2 years imprisonment.
(5) A person
who, at
an election for
which voting
is by post,
attests the signature to a voting paper of a
person who is, to the first person’s
knowledge, not
entitled to
vote at
the election by way of the voting paper
commits a misdemeanour. Maximum penalty—2 years
imprisonment. 100 Hindering or interfering with voting
conduct (1) A person
who, in
order to
hinder or
interfere with
another person’s voting
conduct— (a) acts fraudulently; or
(b) uses or threatens to use force against
any person; or (c) causes or threatens to cause a
detriment to any person; commits a misdemeanour.
Maximum penalty—1 year’s
imprisonment. (2) A person
who causes or
threatens to
cause a
detriment to
another person
(the affected
person )
because of
the voting conduct
of any person
(whether or
not the affected
person) commits a
misdemeanour. Maximum penalty—1 year’s
imprisonment. (3) In this section— voting
conduct of a person means— (a)
the
person’s voting or not voting at an election; or
(b) the way in which the person votes at
an election. Current as at 27 November 2013
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Offences against the administration of law and justice, against
office and against public authority Chapter 14 Corrupt
and improper practices at elections [s 101]
101 Bribery (1)
A
person who— (a) asks for or receives; or
(b) offers, or agrees, to ask for or
receive; a benefit, whether for the person or for
another person, on the understanding that
the person’s election
conduct will
be influenced or affected commits a
misdemeanour. Maximum penalty—1 year’s
imprisonment. (2) A person
who, in
order to
influence or
affect the
election conduct
of another person
(the affected
person ),
gives a
benefit to
any person (whether
or not the
affected person)
commits a misdemeanour. Maximum
penalty—1 year’s imprisonment. (3)
In
this section— election conduct of a person
means— (a) the person’s voting or not voting at
an election; or (b) the way in which the person votes at
an election; or (c) the person’s nominating as a candidate
for an election; or (d) the person’s
support of, or opposition to, a candidate at an
election. give includes promise
and offer to give. 102 Publishing false information about a
candidate A person who, before or during an election,
in order to affect the election result,
knowingly publishes
false information about—
(a) a candidate’s personal character or
conduct; or (b) whether a candidate has withdrawn from
the election; Page 92 Current as at 27
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office and against public authority Chapter 14
Corrupt and improper practices at elections [s 103]
commits a misdemeanour. Maximum
penalty—1 year’s imprisonment. 103
Providing money for illegal payments
A
person who knowingly provides money— (a)
for
a payment that is contrary to this chapter division or
the
authorising Act for an election; or (b)
to replace money
that has
been spent
in making a
payment mentioned in paragraph (a);
commits an offence. Maximum
penalty—10 penalty units. 104 Election notices
to contain particular matters (1)
A person who,
before or
during an
election, prints
or publishes, or
permits another
person to
print or
publish, an
election notice for the election that does
not state the name and address of the person who authorised the
notice commits an offence. Maximum
penalty—3 penalty units. (2) In this
section— address means address
other than a post office box. election
notice means a notice containing anything able to,
or intended to— (a)
influence an elector in relation to voting
in an election; or (b) affect the
result of an election. notice includes a
poster, handbill and pamphlet. publish
includes publish on the internet, even if
the internet site on
which the
publication is
made is
located outside
Queensland. Current as at 27
November 2013 Page 93
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Offences against the administration of law and justice, against
office and against public authority Chapter 14 Corrupt
and improper practices at elections [s 107]
107 Corrupt and illegal
practices—time (1) A prosecution for any of the offences
defined in sections 99 to 104 must
be begun within
1 year after
the offence is
committed. (2)
The
service or execution of process on or against the alleged
offender is
deemed to
be the commencement of
the prosecution, unless such service or
execution is prevented by some act on the person’s part, in
which case the issue of the process
is deemed to
be the commencement of
the proceeding. 108
Interfering at elections A
person who
wilfully interrupts, obstructs
or disturbs a
proceeding at an election commits a
misdemeanour. Maximum penalty—3 years imprisonment.
109 Electors attempting to violate secrecy
of ballot Any person who,
having received
a ballot paper
from the
presiding officer at an election—
(a) wilfully makes on the ballot paper any
mark or writing not expressly authorised by law; or
(b) wilfully fails
to fold up
the ballot paper
in such a
manner as to conceal how the person has
voted; or (c) wilfully fails to deposit the ballot
paper in the ballot box in the presence of the presiding
officer; commits a misdemeanour. Maximum
penalty—3 years imprisonment. Page 94
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Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 14
Corrupt and improper practices at elections [s 110]
110 Stuffing ballot boxes
A
person who wilfully puts in a ballot box a ballot paper that
has
not been lawfully handed to, and marked by, an elector
commits a crime. Maximum
penalty—7 years imprisonment. 111
Presiding officer helping an elector with a
disability If— (a) a
presiding officer
at an election
agrees to
help an
elector who is blind, or otherwise unable to
vote without help, by
marking the
elector’s ballot
paper for
the elector; and (b)
the presiding officer
wilfully fails
to mark the
ballot paper—
(i) in the way requested by the elector;
and (ii) in the sight of
anyone else lawfully present; the presiding
officer commits a misdemeanour. Maximum
penalty—3 years imprisonment. 112
False
or misleading information (1) A person
(the giver ) who gives to
another person, under the authorising Act for an election, for a
purpose relating to the election, information that
the giver knows
is false or
misleading in a material particular commits
a crime. Maximum penalty—7 years imprisonment.
(2) Subsection (1) does not apply if, when
giving information in a document, the giver—
(a) informs the recipient, to the best of
the giver’s ability, how it is false or misleading;
and Current as at 27 November 2013
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office and against public authority Chapter 14 Corrupt
and improper practices at elections [s 113]
(b) if the
giver has,
or can reasonably obtain,
the correct information—gives the
correct information to
the recipient. 113
Interfering with secrecy at elections
(1) This section applies to an election at
which voting is by ballot. (2) A person who
unfolds a ballot paper that has been marked and folded by an
elector at the election commits a misdemeanour. Maximum
penalty—2 years imprisonment. (3)
An officer who
ascertains or
discovers, or
attempts to
ascertain or discover, how an elector has
voted at the election commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(4) An officer
who discloses any
information about
how an elector has
voted at the election commits a misdemeanour. Maximum
penalty—2 years imprisonment. (5)
An
officer who places a mark or writing on an elector’s ballot
paper commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(6) A person does not commit an offence
against this section only by doing
something the
person is
ordered by
a court or
authorised under the authorising Act to
do. (7) Also this section
does not
apply to
a police officer
doing a
thing in the course of performing a duty of
a police officer. (8) In this section— officer
, in
relation to an election, means a person performing
duties at the election under the authorising
Act. Page 96 Current as at 27
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Offences against the administration of law and justice, against
office and against public authority Chapter 15
Selling and trafficking in offices [s 114]
114 Breaking the seal of a parcel at
elections (1) A person who wilfully opens or breaks
the seal of a parcel sealed under
the authorising Act
for an election
commits a
misdemeanour. Maximum
penalty—2 years imprisonment. (2)
A
person does not commit an offence against subsection (1)
only
by doing something the person is ordered by a court or
authorised under the authorising Act to
do. (3) Also subsection (1) does not apply to
a police officer doing a thing in the course of performing a
duty of a police officer. Chapter 15 Selling and
trafficking in offices 118 Bargaining for
offices in public service Any person who— (a)
corruptly 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 on
account of anything already done or omitted
to be done, or to be afterwards done or omitted to be
done, by the person or
any other person,
with regard
to the appointment or
contemplated appointment of any person to
any office or
employment in
the public service,
or with regard
to any application by
any person for
employment in the public service; or
(b) corruptly gives,
confers, or
procures, or
promises or
offers to
give or
confer, or
to procure or
attempt to
procure, to,
upon, or
for, any
person any
property or
benefit of
any kind on
account of
any such act
or omission; is guilty of a
misdemeanour, and is liable to imprisonment for 3 years, and to
be fined at the discretion of the court. Current as at 27
November 2013 Page 97
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Offences relating to the administration of justice
[s
119] Chapter 16 Offences
relating to the administration of justice
119 Definitions for ch 16
In
this chapter— family see section
119A. judicial proceeding includes any
proceeding had or taken in or before any court, tribunal or
person, in which evidence may be taken on
oath. 119A Meaning of family
(1) Each of the following is a member of a
person’s family —
(a) a spouse of the person;
(b) a child of the person;
(c) a parent,
grandparent, grandchild or
sibling of
the person, including— (i)
if
the person is an Aboriginal person, a person— (A)
who
is recognised under Aboriginal tradition as
a member of
the Aboriginal person’s
family; and Note
— ‘Aboriginal tradition’
is defined under
the Acts Interpretation
Act 1954. See schedule 1 of that Act.
(B) with whom
the Aboriginal person
has a relationship like
that between
an individual and
a parent, grandparent, grandchild or
sibling of the individual; or
(ii) if the person is
a Torres Strait Islander, a person— (A)
who
is recognised under Island custom as a member
of the Torres
Strait Islander’s family;
and Page 98 Current as at 27
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Offences relating to the administration of justice
[s
119B] Note — ‘Island
custom’ is
defined under
the Acts Interpretation
Act 1954 . See schedule 1 of that Act.
(B) with whom
the Torres Strait
Islander has
a relationship like
that between
an individual and
a parent, grandparent, grandchild or
sibling of the individual.
(2) For subsection (1)(b)—
(a) a biological, adopted, step or foster
child of a person is a child of the person; and
(b) an individual who
is under 18
years and
ordinarily a
member of a person’s household is also a
child of the person; and (c)
if a
person is an Aboriginal person, an individual who is
recognised under Aboriginal tradition as a
child of the person is also a child of the person;
and (d) if a person is a Torres Strait
Islander, an individual who is
recognised under
Island custom
as a child
of the person is also a
child of the person. 119B Retaliation against or intimidation of
judicial officer, juror, witness etc. (1)
A
person who, without reasonable cause, causes, or threatens
to
cause, any injury or detriment to a judicial officer, juror,
witness or
member of
a community justice
group, or
a member of the family of a judicial
officer, juror, witness or member of
a community justice
group, for
the purpose of
retaliation or intimidation because
of— (a) anything lawfully
done or
omitted to
be done or
that may
be lawfully done
or omitted to
be done by
the judicial officer as a judicial
officer; or (b) anything lawfully
done or
omitted to
be done or
that may be lawfully
done or omitted to be done by the juror or witness in
any judicial proceeding; or Current as at 27 November 2013
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[s
119B] (c) anything lawfully
done or
omitted to
be done or
that may
be lawfully done
or omitted to
be done by
any member of the community justice group
a representative of which makes or may make a
submission— (i) to a court or police officer under
the Bail Act 1980 about a
defendant who is an Aboriginal or Torres Strait Islander
person; or (ii) to a court or
police officer under the Youth Justice Act
1992 about
a child who
is an Aboriginal or
Torres Strait Islander person; or
(iii) to
a court under
the Penalties and
Sentences Act
1992 about
an offender who
is an Aboriginal or
Torres Strait Islander person;
is
guilty of a crime. Maximum penalty—7 years imprisonment.
(1A) The
offender is
liable to
a maximum penalty
of 10 years
imprisonment if
the act constituting the
offence is
done in
relation to
a proceeding before
a court under
the Criminal Organisation Act
2009 . (2) In this
section— community justice group means—
(a) for a defendant under the
Bail Act
1980 —see the
Bail Act 1980
,
section 6; or (b) for a
child under
the Youth Justice
Act 1992 —see
the Youth Justice Act 1992
,
schedule 4; or (c) for an
offender under
the Penalties and
Sentences Act
1992 —see
the Penalties and
Sentences Act
1992 ,
section 4. injury or
detriment includes intimidation. intimidation includes
harassment. Page 100 Current as at 27
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office and against public authority Chapter 16
Offences relating to the administration of justice
[s
120] 120 Judicial corruption
(1) Any person who— (a)
being a judicial officer, corruptly 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 on account of
anything already done or omitted to be done, or to be
afterwards done or omitted to be
done, by
the person in
the person’s judicial
capacity; or (b)
corruptly gives,
confers, or
procures, or
promises or
offers to
give or
confer, or
to procure or
attempt to
procure, to, upon, or for, a judicial
officer, or to, upon, or for any other person, any property or
benefit of any kind on account of any such act or omission on
the part of the judicial officer; is guilty of a
crime, and is liable to imprisonment for 14 years,
and
to be fined at the discretion of the court. (2)
However, if the judicial officer is an
arbitrator or umpire, the maximum term of imprisonment to which
the person is liable is 7 years. (3)
The
offender can not be arrested without warrant. (4)
A
prosecution for an offence against subsection (1) can not be
started without a Crown Law Officer’s
consent. 121 Official corruption not judicial but
relating to offences (1) Any person
who— (a) being a justice not acting judicially,
or being a person employed in
the public service
in any capacity
not judicial for the prosecution or
detention or punishment of offenders, corruptly 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, on account of anything already done
or omitted to be done, or to be afterwards done
or omitted to be Current as at 27
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[s
122] done, by the person, with a view to corrupt
or improper interference with
the due administration of
justice, or
the
procurement or facilitation of the commission of any
offence, or the protection of any offender
or intending offender from detection or punishment;
or (b) corruptly gives,
confers, or
procures, or
promises or
offers to
give or
confer, or
to procure or
attempt to
procure, to, upon, or for, any such person,
or to, upon, or for, any
other person,
any property or
benefit of
any kind, on account of any such act or
omission on the part of the justice or other person so
employed; is guilty of a crime, and is liable to
imprisonment for 14 years, and to be fined at the discretion of
the court. (2) The offender can not be arrested
without warrant. 122 Corruption of jurors
Any
person who— (a) attempts by
threats or
intimidation of
any kind, or
by benefits or promises of benefit of any
kind, or by other corrupt means,
to influence any
person, whether
a particular person
or not, in
the person’s conduct
as a juror in any
judicial proceeding, whether the person has been sworn as a
juror or not; or (b) accepts any benefit or promise of
benefit on account of anything to
be done by
the person as
a juror in
any judicial proceeding, whether the
person has been sworn as a juror or not, or on account of
anything already done by the person as a juror in any
judicial proceeding; is guilty of a crime.
Maximum penalty—7 years imprisonment.
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Offences relating to the administration of justice
[s
123] 123 Perjury (1)
Any
person who in any judicial proceeding, or for the purpose
of
instituting any judicial proceeding, knowingly gives false
testimony touching
any matter which
is material to
any question then depending in that
proceeding, or intended to be raised in that
proceeding, is guilty of a crime, which is called
perjury .
(2) It is
immaterial whether
the testimony is
given on
oath or
under any other sanction authorised by
law. (3) The forms and ceremonies used in
administering the oath or in otherwise
binding the
person giving
the testimony to
speak the truth are
immaterial, if the person assents to the forms and
ceremonies actually used.
(4) It is immaterial whether the false
testimony is given orally or in
writing. (5) It is
immaterial whether
the court or
tribunal is
properly constituted, or
is held in the proper place, or not, if it actually
acts as
a court or
tribunal in
the proceeding in
which the
testimony is given. (6)
It
is immaterial whether the person who gives the testimony is
a competent witness
or not, or
whether the
testimony is
admissible in the proceeding or not.
(7) The offender can not be arrested
without warrant. 123A Perjury—contradictory
statements If, on the
trial of
a person for
perjury, the
jury is
satisfied that—
(a) the accused
has made 2
statements on
oath or
under another
sanction authorised by
law, 1
of which is
irreconcilably in conflict with the other;
and (b) the accused made 1 of the statements
knowing it to be false; Current as at 27
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Offences relating to the administration of justice
[s
124] but the jury
is unable to
say which statement
was falsely made, the jury
may make a special finding to that effect and find the accused
guilty of perjury. 124 Punishment of perjury
(1) Any person
who commits perjury
is liable to
imprisonment for 14
years. (2) If the
offender commits
the crime in
order to
procure the
conviction of
another person
for a crime
punishable with
imprisonment for life, the offender is
liable to imprisonment for life. 125
Evidence on charge of perjury
A person can
not be convicted
of committing perjury
or of counselling or
procuring the commission of perjury upon the uncorroborated
testimony of 1 witness. 126 Fabricating
evidence (1) Any person who, with intent to mislead
any tribunal in any judicial proceeding— (a)
fabricates evidence by any means other than
perjury or counselling or procuring the commission of
perjury; or (b) knowingly makes use of such fabricated
evidence; is guilty of a crime, and is liable to
imprisonment for 7 years. (2) The offender can
not be arrested without warrant. 127
Corruption of witnesses (1)
Any
person who— (a) 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, any
Page
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Offences relating to the administration of justice
[s
128] person, upon any agreement or understanding
that any person called or to be called as a witness
in any judicial proceeding shall
give false
testimony or
withhold true
testimony; or (b)
attempts by any other means to induce a
person called or to be called as a witness in any judicial
proceeding to give false testimony or to withhold true
testimony; or (c) 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 agreement or understanding that any
person shall as a witness in any judicial proceeding give
false testimony or withhold true testimony;
is
guilty of a crime, and is liable to imprisonment for 7
years. (2) The offender can not be arrested
without warrant. 128 Deceiving witnesses
Any
person who practises any fraud or deceit, or knowingly
makes or exhibits any false statement,
representation, token, or writing, to any person called or to
be called as a witness in any judicial proceeding, with intent
to affect the testimony of such person as a witness, is guilty of
a misdemeanour, and is liable to imprisonment for 3
years. 129 Damaging evidence with intent
A person who,
knowing something
is or may
be needed in
evidence in a judicial proceeding, damages
it with intent to stop it being used in evidence commits a
misdemeanour. Maximum penalty—7 years imprisonment.
130 Preventing witnesses from
attending Any person who wilfully prevents or attempts
to prevent any person who has been duly summoned to attend
as a witness Current as at 27 November 2013
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[s
131] before any court or tribunal from attending
as a witness, or from producing anything in evidence pursuant
to the subpoena or summons, commits a misdemeanour.
Maximum penalty—3 years imprisonment.
131 Conspiracy to bring false
accusation (1) Any person who conspires with another
to charge any person or cause any person to be charged with
any offence, whether alleged to have been committed in
Queensland, or elsewhere, knowing that such person is innocent
of the alleged offence, or not believing the person to be
guilty of the alleged offence, is guilty of a
crime. (2) If the offence is such that a person
convicted of it is liable to be sentenced to
imprisonment for life, the offender is liable to
imprisonment for life. (3)
If
the offence is such that a person convicted of it is liable
to be sentenced to imprisonment, but for a term
less than life, the offender is liable to imprisonment for 14
years. (4) In any other case the offender is
liable to imprisonment for 7 years.
(5) The offender can not be arrested
without warrant. (6) A prosecution for an offence defined
in this section shall not be instituted without the consent of
the Attorney-General. 132 Conspiring to
defeat justice (1) Any person who conspires with another
to obstruct, prevent, pervert, or defeat, the course of
justice is guilty of a crime, and is liable to
imprisonment for 7 years. (2) The offender can
not be arrested without warrant. (3)
A
prosecution for an offence defined in this section shall not
be
instituted without the consent of the Attorney-General.
Page
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[s
133] 133 Compounding an indictable
offence (1) Any person who 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 agreement or understanding that the
person will compound or conceal an
indictable offence,
or will abstain
from, discontinue, or
delay, a prosecution for an indictable offence, or
will withhold
any evidence thereof,
is guilty of
an indictable offence.
(2) If the indictable offence is such that
a person convicted of it is liable to be
sentenced to imprisonment for life, the offender is
guilty of a crime, and is liable to
imprisonment for 7 years. (3) In any other
case the offender is guilty of a misdemeanour, and is liable to
imprisonment for 3 years. (4) The offender can
not be arrested without warrant. (5)
Subsection (1) does not apply to an act done
for the purpose of the following— (a)
negotiations in
accordance with
established legal
practice between
a lawyer representing the
alleged offender and the
prosecution to achieve a just outcome in relation to
the proceedings for the offence; (b)
mediation in
good faith
between the
alleged offender
and a victim
of the offence
or anyone acting
in the interests
of the victim
in relation to
an apology, compensation or
restitution; (c) dispute resolution relating to the
alleged offence; (d) discussions in good faith between the
alleged offender and police officers calculated to ameliorate
the conduct of the offender relevant to the alleged
offence. Current as at 27 November 2013
Page
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Offences against the administration of law and justice, against
office and against public authority Chapter 16
Offences relating to the administration of justice
[s
136] 136 Justices exercising jurisdiction in a
matter of personal interest A
person who,
being a
justice, wilfully
and perversely exercises
jurisdiction in
a matter in
which the
justice has
a personal interest commits a
misdemeanour. Maximum penalty—3 years imprisonment.
137 Delay to take person arrested before
magistrate (1) Any person who, having arrested
another upon a charge of an offence,
wilfully and without lawful excuse delays to take the
person before
a justice to be dealt with
according to law is guilty of a misdemeanour, and is liable to
imprisonment for 2 years. (2)
For
subsection (1)— (a) if the person carrying out the arrest
is a police officer, it is sufficient if
the person complies
with the
requirements of the Police Powers
and Responsibilities Act 2000 , section 393;
and (b) if the
person carrying
out the arrest
is not a
police officer, it is
sufficient if the person immediately delivers the arrested
person into the custody of a police officer as mentioned in
section 552(2). 139 Inserting advertisement without
authority of court Any person who,
without authority, or
knowing the
advertisement to be false in any material
particular, inserts or causes to be inserted in the gazette
or in any newspaper an advertisement purporting to be
published under the authority of any court or
tribunal is guilty of a misdemeanour, and is liable to
imprisonment for 2 years. Page 108 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 17
Escapes—obstructing officers of courts [s 140]
140 Attempting to pervert justice
A
person who attempts to obstruct, prevent, pervert, or defeat
the
course of justice is guilty of a crime. Maximum
penalty—7 years imprisonment. Chapter 17
Escapes—obstructing officers
of
courts 141 Aiding persons to escape from lawful
custody A person who— (a)
aids
a person in lawful custody to escape, or to attempt
to
escape, from lawful custody; or (b)
conveys anything to a person in lawful
custody, or to a place where
a person is
or will be
in lawful custody,
with the
intention of
aiding a
person to
escape from
lawful custody; or (c)
frees a person from lawful custody without
authority; is guilty of a crime. Maximum
penalty—imprisonment for 7 years. 142
Escape by persons in lawful custody
A person who
escapes from
lawful custody
is guilty of
a crime. Maximum
penalty—imprisonment for 7 years. Current as at 27
November 2013 Page 109
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Offences against the administration of law and justice, against
office and against public authority Chapter 17
Escapes—obstructing officers of courts [s 143]
143 Permitting escape A
person who
is responsible for
keeping another
person in
lawful custody and permits the other person
to escape is guilty of a crime. Maximum
penalty—imprisonment for 7 years. 144
Harbouring escaped prisoners etc.
A
person who harbours, maintains or employs another person
knowing that
the other person
has escaped from
lawful custody is
guilty of a crime. Maximum penalty—imprisonment for 2
years. 145A Sections 141 to 144 do not apply to
certain types of custody Sections 141 to
144 do not apply to— (a) the custody of a
patient mentioned in the Mental Health Act 2000
;
or (b) the custody
of a child
under the
Child Protection Act
1999 ; or
(c) the custody of a forensic disability
client mentioned in the Forensic Disability Act 2011
; unless the person is held in a
corrective services facility within the meaning of
the Corrective Services Act 2006
. 145B Evidence of
lawful custody Evidence given by a person authorised by the
chief executive (corrective services) to give the evidence
that a person is, or on a particular date was, in lawful
custody is to be admitted as prima facie
evidence of the custody. Page 110 Current as at 27
November 2013
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Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 20
Miscellaneous offences against public authority [s 147]
147 Removing etc. property under lawful
seizure Any person who,
when any
property has
been attached
or taken under the process or authority
of any court of justice, knowingly, and with intent to hinder
or defeat the attachment, or process,
receives, removes,
retains, conceals,
or disposes of, such
property, is guilty of a misdemeanour, and is liable to
imprisonment for 3 years.
148 Obstructing officers of courts of
justice Any person who
wilfully obstructs
or resists any
person lawfully charged
with the execution of an order or warrant of any court of
justice commits a misdemeanour. Maximum
penalty—2 years imprisonment. Chapter 20
Miscellaneous offences against
public authority 193
False
verified statements (1) A person
who makes a
verified statement
that the
person knows
is false in
a material particular when
the person is
required by law to make the statement in the
form of a verified statement commits a crime.
Maximum penalty—7 years imprisonment.
(2) The person can not be arrested without
a warrant. (3) In this section— verified
statement means— (a)
a
statement made on oath or under another sanction that
may
by law be substituted for an oath; or (b)
a statement verified
by solemn declaration or
affirmation. Current as at 27
November 2013 Page 111
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Offences against the administration of law and justice, against
office and against public authority Chapter 20
Miscellaneous offences against public authority [s 194]
194 False declarations (1)
A
person who makes a declaration that the person knows is
false in
a material particular, whether
or not the
person is
permitted or required by law to make the
declaration, before a person authorised by
law to take
or receive declarations, commits a
misdemeanour. Maximum penalty—3 years imprisonment.
(2) In this section— declaration includes a
statement and an affidavit. 195 Evidence
A
person can not be convicted of any of the offences defined
in
sections 193 and 194 upon the uncorroborated testimony of
1
witness. 195A Contradictory statements—false
statements or declarations If, on the trial
of a person for an offence defined in section 193
or
194, the jury is satisfied that— (a)
the
accused has made 2 statements or declarations and 1
is
irreconcilably in conflict with the other; and (b)
the accused made
1 of the
statements or
declarations knowing it to be
false; but the jury is unable to say which
statement or declaration was falsely made, the jury may make a
special finding to that effect and find the accused guilty of
the offence. 199 Resisting public officers
Any
person who in any manner obstructs or resists any public
officer while engaged in the discharge or
attempted discharge of the duties of his or her office under any
statute, or obstructs or resists
any person while
engaged in
the discharge or
Page
112 Current as at 27 November 2013
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Part 3
Offences against the administration of law and justice, against
office and against public authority Chapter 20
Miscellaneous offences against public authority [s 200]
attempted discharge of any duty imposed on
the person by any statute, is
guilty of
a misdemeanour, and
is liable to
imprisonment for 2 years.
200 Refusal by public officer to perform
duty Any person who, being employed in the public
service, or as an officer of
any court or
tribunal, perversely and
without lawful excuse
omits or refuses to do any act which it is his or
her
duty to do by virtue of his or her employment is guilty of a
misdemeanour, and is liable to imprisonment
for 2 years, and to be fined at the discretion of the
court. 204 Disobedience to statute law
(1) Any person who without lawful excuse,
the proof of which lies on the person, does any act which the
person is, by the provisions of
any public statute
in force in
Queensland, forbidden to do,
or omits to do any act which the person is, by the provisions
of any such statute, required to do, is guilty of a
misdemeanour, unless some mode of proceeding
against the person for such disobedience is expressly
provided by statute, and is intended to be exclusive of all
other punishment. (2) The offender is liable to imprisonment
for 1 year. 205 Disobedience to lawful order issued by
statutory authority (1)
Any
person who without lawful excuse, the proof of which
lies
on the person, disobeys any lawful order issued by any
court of
justice, or
by any person
authorised by
any public statute in force
in Queensland to make the order, is guilty of a misdemeanour,
unless some mode of proceeding against the person for such
disobedience is expressly provided by statute, and is intended
to be exclusive of all other punishment. (2)
The
offender is liable to imprisonment for 1 year. Current as at 27
November 2013 Page 113
Schedule 1 The Criminal Code
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Acts injurious to the public in general Chapter 21 Offences
relating to religious worship [s 206]
Part
4 Acts injurious to the public
in
general Chapter 21 Offences
relating to religious worship 206
Offering violence to officiating ministers
of religion Any person who— (a)
by
threats or force prevents or attempts to prevent any
minister of
religion from
lawfully officiating in
any place of
religious worship,
or from performing the
minister’s duty in the lawful burial of the
dead in any cemetery or other burial place; or
(b) by threats or force obstructs or
attempts to obstruct any minister of religion while so
officiating or performing the minister’s duty; or
(c) assaults, or, upon or under the
pretence of executing any civil process,
arrests, any
minister of
religion who
is engaged in,
or is, to
the knowledge of
the offender, about to engage
in, any of the offices or duties aforesaid, or
who is, to
the knowledge of
the offender, going
to perform the
same or
returning from
the performance thereof;
is
guilty of a misdemeanour, and is liable to imprisonment for
2
years. 207 Disturbing religious worship
Any
person who wilfully and without lawful justification or
excuse, the
proof of
which lies
on the person,
disquiets or
disturbs any
meeting of
persons lawfully
assembled for
religious worship, or assaults any person
lawfully officiating at any such meeting, or any of the
persons there assembled, is Page 114 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 4
Acts injurious to the public in general Chapter 22
Offences against morality [s 207A] guilty of an
offence, and is liable on summary conviction to imprisonment for
2 months, or to a fine of $10. Chapter 22
Offences against morality
207A Definitions for this chapter
In
this chapter— child exploitation material
means material
that, in
a way likely
to cause offence
to a reasonable adult,
describes or
depicts a person, or a representation of a
person, who is, or apparently is, a child under 16
years— (a) in a sexual context, including for
example, engaging in a sexual activity; or
(b) in an offensive or demeaning context;
or (c) being subjected to abuse, cruelty or
torture. classification officer means—
(a) the computer
games classification officer
under the
Classification of
Computer Games
and Images Act
1995 ; or
(b) the films classification officer under
the Classification of Films Act
1991 ; or (c)
the publications classification officer
under the
Classification of Publications Act
1991 . classified —
(a) for a
computer game—see
the Classification of
Computer Games and Images Act 1995
;
or (b) for a film—see the Classification
of Films Act 1991 ; or (c)
for
a publication—see the Classification of Publications
Act
1991 . Current as at 27 November 2013
Page
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 207A] computer
game see
the Classification of
Computer Games
and
Images Act 1995 . film see the
Classification of Films Act 1991
. material includes
anything that contains data from which text, images or sound
can be generated. observe means observe by
any means. private act , for a person,
means— (a) showering or bathing; or
(b) using a toilet; or (c)
another activity when the person is in a
state of undress; or (d) intimate
sexual activity
that is
not ordinarily done
in public. private
place means a place where a person might
reasonably be expected to be engaging in a private
act. publication see the
Classification of Publications Act
1991 . someone , in the context
of a description or depiction, includes the body parts
of someone, including for example, someone’s breast or
genitalia. state of undress , for a person,
means— (a) the person is naked or the person’s
genital or anal region is bare or, if the person is female,
the person’s breasts are bare; or (b)
the
person is wearing only underwear; or (c)
the
person is wearing only some outer garments so that
some of
the person’s underwear
is not covered
by an outer
garment. visually record , a person,
means record, or transmit, by any means,
moving or
still images
of the person
or part of
the person. Page 116
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Acts injurious to the public in general Chapter 22
Offences against morality [s 208] 208
Unlawful sodomy (1)
A
person who does, or attempts to do, any of the following
commits a crime— (a)
sodomises a person under 18 years;
(b) permits a male person under 18 years
to sodomise him or her; (c)
sodomises a person with an impairment of the
mind; (d) permits a
person with
an impairment of
the mind to
sodomise him or her. Maximum
penalty—14 years imprisonment. (2)
For
an offence other than an attempt, the offender is liable to
imprisonment for life if the offence is
committed in respect of— (a)
a
child under 12 years; or (b) a
child, or
a person with
an impairment of
the mind, who is to the
knowledge of the offender— (i) his or her
lineal descendant; or (ii) under his or her
guardianship or care. (2A) For an offence
defined in subsection (1)(a) or (b) other than an
attempt, the offender is liable to
imprisonment for life if the offence is
committed in respect of a child who is a person with
an
impairment of the mind. (3) For an offence
defined in subsection (1)(a) or (b) alleged to have been
committed in respect of a child who is 12 years or
more, it is a defence to prove that the
accused person believed, on reasonable grounds, that the person
in respect of whom the offence was committed was 18 years or
more. (4) It is a defence to a charge of an
offence defined in subsection (1)(c) or (d) to
prove— (a) that the accused person believed on
reasonable grounds that the person was not a person with an
impairment of the mind; or Current as at 27
November 2013 Page 117
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 210] (b)
that the
act that was
the offence did
not, in
the circumstances, constitute sexual
exploitation of
the person with an impairment of the
mind. (5) For an offence defined in subsection
(1)(a) or (b) alleged to have been
committed with
the circumstance of
aggravation mentioned
in subsection (2A),
it is a
defence to
the circumstance of aggravation to prove
that the accused person believed on reasonable grounds that
the child was not a person with an impairment of the mind.
210 Indecent treatment of children under
16 (1) Any person who— (a)
unlawfully and indecently deals with a child
under the age of 16 years; or (b)
unlawfully procures a child under the age of
16 years to commit an indecent act; or
(c) unlawfully permits
himself or herself
to be indecently dealt with by a
child under the age of 16 years; or (d)
wilfully and unlawfully exposes a child
under the age of 16 years to an indecent act by the offender
or any other person; or (e)
without legitimate reason,
wilfully exposes
a child under the age of
16 years to any indecent object or any indecent film,
videotape, audiotape, picture, photograph or printed or
written matter; or (f) without legitimate reason,
takes any
indecent photograph or
records, by
means of
any device, any
indecent visual
image of
a child under
the age of
16 years; is guilty of an
indictable offence. (2) If the child is of or above the age of
12 years, the offender is guilty of a crime, and is liable to
imprisonment for 14 years. Page 118 Current as at 27
November 2013
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Part 4
Acts injurious to the public in general Chapter 22
Offences against morality [s 211] (3)
If
the child is under the age of 12 years, the offender is
guilty of a crime, and is liable to imprisonment
for 20 years. (4) If the child is, to the knowledge of
the offender, his or her lineal descendant or if the offender
is the guardian of the child or, for the time
being, has the child under his or her care, the offender is
guilty of a crime, and is liable to imprisonment for
20
years. (4A) If the child is
a person with an impairment of the mind, the offender is
guilty of a crime, and is liable to imprisonment for
20
years. (5) If the offence is alleged to have been
committed in respect of a child of or above the age of 12
years, it is a defence to prove that the accused
person believed, on reasonable grounds, that the child was of
or above the age of 16 years. (5A)
If the offence
is alleged to
have been
committed with
the circumstance of aggravation mentioned
in subsection (4A), it is a defence to the circumstance of
aggravation to prove that the accused
person believed
on reasonable grounds
that the
child was not a person with an impairment of
the mind. (6) In this section— deals
with includes
doing any
act which, if
done without
consent, would constitute an assault as
defined in this Code. 211 Bestiality
Any
person who has carnal knowledge with or of an animal is
guilty of a crime and is liable to
imprisonment for 7 years. 213 Owner etc.
permitting abuse of children on premises (1)
Any person who,
being the
owner or
occupier of
any premises, or having, or acting or
assisting in, the management or control of
any premises, induces or knowingly permits any child under the
prescribed age to be in or upon the premises for the purpose
of any person, whether a particular person or not,
doing an
act in relation
to the child
(a proscribed act
) Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 215] defined to
constitute an offence in section 208, 210 or 215 is
guilty of an indictable offence.
(2) If the child is of or above the age of
12 years, the offender is guilty of a crime, and is liable to
imprisonment for 10 years. (3) If the child is
under the age of 12 years, the offender is guilty
of a
crime, and is liable to imprisonment— (a)
for life, where
the proscribed act
is one defined
to constitute an offence in section 208
or 215; or (b) for 14 years in any other case.
(4) If the proscribed act is one defined
to constitute an offence in section
208 and the
child is
of or above
12 years, it
is a defence
to prove that
the accused person
believed, on
reasonable grounds, that the child was of or
above 18 years. (5) If the proscribed act is one defined
to constitute an offence in section 210 or
215 and the child is of or above 12 years, it is a
defence to
prove that
the accused person
believed, on
reasonable grounds, that the child was of or
above 16 years. (6) In this section— prescribed
age means— (a)
for
an offence defined in section 208—18 years; or (b)
for
an offence defined in section 210 or 215—16 years.
215 Carnal knowledge with or of children
under 16 (1) Any person
who has or
attempts to
have unlawful
carnal knowledge
with or
of a child
under the
age of 16
years is
guilty of an indictable offence.
(2) If the child is of or above the age of
12 years, the offender is guilty of a crime, and is liable to
imprisonment for 14 years. (3) If the child is
under the age of 12 years, the offender is guilty
of a
crime, and is liable to imprisonment for life or, in the
case of an attempt
to have unlawful
carnal knowledge, to
imprisonment for 14 years.
Page
120 Current as at 27 November 2013
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Part 4
Acts injurious to the public in general Chapter 22
Offences against morality [s 216] (4)
If
the child is not the lineal descendant of the offender but
the offender is the child’s guardian or, for the
time being, has the child under
the offender’s care,
the offender is
guilty of
a crime, and is liable to imprisonment
for life or, in the case of an
attempt to
have unlawful
carnal knowledge, to
imprisonment for 14 years.
(4A) If the child is
a person with an impairment of the mind, the offender is
guilty of a crime, and is liable to imprisonment for
life. (5)
If
the offence is alleged to have been committed in respect of
a
child of or above the age of 12 years, it is a defence to
prove that the accused person believed, on
reasonable grounds, that the child was of or above the age of
16 years. (5A) If
the offence is
alleged to
have been
committed with
the circumstance of aggravation mentioned
in subsection (4A), it is a defence to the circumstance of
aggravation to prove that the accused
person believed
on reasonable grounds
that the
child was not a person with an impairment of
the mind. (6) In this section— carnal
knowledge does not include sodomy. 216
Abuse
of persons with an impairment of the mind (1)
Any person who
has or attempts
to have unlawful
carnal knowledge
of a person
with an
impairment of
the mind is,
subject to subsection (3)(a) and (b), guilty
of a crime, and is liable to imprisonment for 14 years.
(2) Any person who— (a)
unlawfully and indecently deals with a
person with an impairment of the mind; or
(b) unlawfully procures a person with an
impairment of the mind to commit an indecent act; or
(c) unlawfully permits
himself or herself
to be indecently dealt with by a
person with an impairment of the mind; or
Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 216] (d)
wilfully and
unlawfully exposes
a person with
an impairment of
the mind to
an indecent act
by the offender or any
other person; or (e) without legitimate reason,
wilfully exposes
a person with an
impairment of the mind to any indecent object or
any indecent film,
videotape, audiotape, picture,
photograph or printed or written matter;
or (f) without legitimate reason,
takes any
indecent photograph or
records, by
means of
any device, any
indecent visual image of a person with an
impairment of the mind; is, subject to
subsections (3)(c) and (3A), guilty of a crime, and is liable to
imprisonment for 10 years. (3) If the person
with an impairment of the mind is not the lineal
descendant of the offender but the offender
is the guardian of that person or, for the time being, has that
person under the offender’s care,
the offender is
guilty of
a crime, and
is liable— (a)
in the case
of the offence
of having unlawful
carnal knowledge—to
imprisonment for life; or (b) in
the case of
an attempt to
have unlawful
carnal knowledge—to
imprisonment for life; or (c) in the case of
an offence defined in subsection (2)—to imprisonment for
14 years. (3A) In
the case of
an offence defined
in subsection (2),
if the person with an
impairment of the mind is, to the knowledge of the offender,
the offender’s lineal descendant, the offender is
guilty of a crime, and is liable to
imprisonment for 14 years. (4) It is a defence
to a charge of an offence defined in this section
to
prove— (a) that the accused person believed on
reasonable grounds that the person was not a person with an
impairment of the mind; or Page 122
Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22
Offences against morality [s 217] (b)
that
the doing of the act or the making of the omission
which, in either case, constitutes the
offence did not in the circumstances constitute sexual
exploitation of
the person with an impairment of the
mind. (5) In this section— carnal
knowledge does not include sodomy. deals
with includes
doing any
act that, if
done without
consent, would constitute an assault.
217 Procuring young person etc. for carnal
knowledge (1) A person who procures a person who is
not an adult or is a person with an impairment of the mind
to engage in carnal knowledge (either
in Queensland or
elsewhere) commits
a crime. Maximum
penalty—imprisonment for 14 years. (2)
In
this section— procure means knowingly
entice or recruit for the purposes of sexual
exploitation. 218 Procuring sexual acts by coercion
etc. (1) A person who— (a)
by
threats or intimidation of any kind, procures a person
to engage in
a sexual act,
either in
Queensland or
elsewhere; or (b)
by a false
pretence, procures
a person to
engage in
a sexual act, either in Queensland or
elsewhere; or (c) administers to
a person, or
causes a
person to
take, a
drug
or other thing with intent to stupefy or overpower
the
person to enable a sexual act to be engaged in with
the
person; commits a crime. Current as at 27
November 2013 Page 123
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 218A] Maximum
penalty—imprisonment for 14 years. (2)
For subsection (1),
a person engages
in a sexual
act if the
person— (a)
allows a sexual act to be done to the
person’s body; or (b) does a sexual act to the person’s own
body or the body of another person; or (c)
otherwise engages in an act of an indecent
nature with another person. (3)
Subsection (2)
is not limited
to sexual intercourse or
acts involving
physical contact. (4) In this section— procure
means knowingly entice or recruit for the
purposes of sexual exploitation. 218A
Using
internet etc. to procure children under 16 (1)
Any
adult who uses electronic communication with intent to
procure a person under the age of 16 years,
or a person the adult believes
is under the
age of 16
years, to
engage in
a sexual act,
either in
Queensland or
elsewhere, commits
a crime. Maximum
penalty—10 years imprisonment. (2)
The
adult is liable to 14 years imprisonment if— (a)
the
person is— (i) a person under 12 years; or
(ii) a person the
adult believes is under 12 years; or (b)
the
offence involves the adult— (i)
intentionally meeting the person; or
(ii) going to a place
with the intention of meeting the person.
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Acts injurious to the public in general Chapter 22
Offences against morality [s 218A] (3)
For subsection (1),
a person engages
in a sexual
act if the
person— (a)
allows a sexual act to be done to the
person’s body; or (b) does a sexual act to the person’s own
body or the body of another person; or (c)
otherwise engages in an act of an indecent
nature. (4) Subsection (3)
is not limited
to sexual intercourse or
acts involving
physical contact. (5) For subsection (1), it is not
necessary to prove that the adult intended
to procure the
person to
engage in
any particular sexual
act. (6) Also, for subsection (1), it does not
matter that, by reason of circumstances not known to the adult,
it is impossible in fact for the person to engage in the sexual
act. (7) For subsection (1),
it does not
matter that
the person is
a fictitious person represented to the
adult as a real person. (8) Evidence that
the person was represented to the adult as being
under the age of 16 years, or 12 years, as
the case may be, is, in the absence of evidence to the
contrary, proof that the adult believed the
person was under that age. (9) It is a defence
to a charge under this section to prove the adult
believed on reasonable grounds that the
person was at least 16 years. (9A)
For
an offence defined in subsection (1) alleged to have been
committed with the circumstance of
aggravation mentioned in subsection (2)(a)(i), it
is a defence
to the circumstance of
aggravation to
prove that
the adult believed
on reasonable grounds that the
person was at least 12 years. (10)
In
this section— electronic communication means email,
internet chat rooms, SMS messages,
real time
audio/video or
other similar
communication. meeting
means meeting in person. Current as at 27
November 2013 Page 125
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 218B] procure
means knowingly entice or recruit for the
purposes of sexual exploitation. 218B
Grooming children under 16
(1) Any adult who engages in any conduct
in relation to a person under the
age of 16
years, or a person the
adult believes is under the age of 16 years, with intent
to— (a) facilitate the procurement of the
person to engage in a sexual act, either in Queensland or
elsewhere; or (b) expose, without
legitimate reason,
the person to
any indecent matter, either in Queensland
or elsewhere; commits a crime. Note
— See section 1 for the
definition indecent matter .
Maximum penalty—5 years imprisonment.
(2) The adult is liable to 10 years
imprisonment if the person is— (a)
a
person under 12 years; or (b) a person the
adult believes is under 12 years. (3)
For
subsection (1)(a), a person engages in a sexual act if the
person— (a)
allows a sexual act to be done to the
person’s body; or (b) does a sexual act to the person’s own
body or the body of another person; or (c)
otherwise engages in an act of an indecent
nature. (4) Subsection (3)
is not limited
to sexual intercourse or
acts involving
physical contact. (5) For subsection (1)(a)—
(a) it is
not necessary to
prove that
the adult intended
to facilitate the procurement of the
person to engage in any particular sexual act; and
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Acts injurious to the public in general Chapter 22
Offences against morality [s 219] (b)
it
does not matter that, by reason of circumstances not
known to the adult, it is impossible in fact
for the person to engage in the sexual act; and
(c) it does
not matter when
the adult intended
the person would be
procured to engage in a sexual act. (6)
For subsection (1),
it does not
matter that
the person is
a fictitious person represented to the
adult as a real person. (7) Evidence that
the person was represented to the adult as being
under the age of 16 years, or 12 years, as
the case may be, is, in the absence of evidence to the
contrary, proof that the adult believed the
person was under that age. (8) It is a defence
to a charge under this section to prove the adult
believed on reasonable grounds that the
person was at least 16 years. (9)
For
an offence defined in subsection (1) alleged to have been
committed with the circumstance of
aggravation mentioned in subsection (2)(a),
it is a
defence to
the circumstance of
aggravation to
prove that
the adult believed
on reasonable grounds that the
person was at least 12 years. (10)
In
this section— procure means knowingly
entice or recruit for the purposes of sexual
exploitation. 219 Taking child for immoral
purposes (1) Any person who takes or entices away,
or detains a child who is under the prescribed age and is not
the husband or wife of that person for the purpose of any
person, whether a particular person
or not, doing
an act in
relation to
the child (a
proscribed act
) defined to
constitute an
offence in
section 208, 210 or 215
is guilty of a crime. (2) If the child is
of or above the age of 12 years, the offender is
liable to imprisonment for 10 years.
(3) If the child is under the age of 12
years, the offender is liable to
imprisonment— Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 221] (a)
for life, where
the proscribed act
is one defined
to constitute an offence in section 208
or 215; or (b) for 14 years in any other case.
(4) If the proscribed act is one defined
to constitute an offence defined in section 208 and the child
is of or above 12 years, it is
a defence to
prove that
the accused person
believed, on
reasonable grounds, the child was of or
above 18 years. (5) If the proscribed act is one defined
to constitute an offence defined in section 210 or 215 and the
child is of or above 12 years, it
is a defence
to prove that
the accused person
believed, on reasonable grounds, the child
was of or above 16 years. (6)
In
this section— prescribed age means—
(a) for an offence defined in section
208—18 years; or (b) for an offence defined in section 210
or 215—16 years. 221 Conspiracy to defile
Any
person who conspires with another to induce any person,
by
any false pretence or other fraudulent means, to permit any
person to have unlawful carnal knowledge
with or of him or her commits a crime. Maximum
penalty—10 years imprisonment. 222
Incest (1)
Any
person who— (a) has carnal knowledge with or of the
person’s offspring or other lineal
descendant, or
sibling, parent,
grandparent, uncle, aunt, nephew or niece;
and (b) knows that
the other person
bears that
relationship to
him
or her, or some relationship of that type to him or
her; Page 128 Current as at 27
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Acts injurious to the public in general Chapter 22
Offences against morality [s 222] commits a
crime. Maximum penalty—imprisonment for
life. (2) Any person
who attempts to
commit the
crime of
incest is
liable to imprisonment for 10 years.
(3) It is
immaterial that
the act or
attempted act
of carnal knowledge
happened with the consent of either person. (4)
It
is a defence to a charge under this section to prove that
the accused person was, at the time when the act
or attempted act of carnal knowledge happened, acting under
the coercion of the other person. (5)
A reference in
this section
to an offspring
or other lineal
descendant, or a sibling or a parent
includes a relationship of that type that is a half, adoptive or
step relationship. (6) For subsection (5), a reference to a
step relationship includes a relationship corresponding to
a step relationship arising
because of cohabitation in a de facto
relationship or because of a foster relationship or a legal
arrangement. (7) Also, for subsection (5), a reference
to a step relationship does not include a
step relationship that first arose after the relevant
persons became adults. (7A)
Also, if a parentage order is made under
the Surrogacy Act
2010 , a reference in
this section to an offspring or other lineal descendant, or a
sibling or a parent includes a relationship of that type
that— (a) existed before the making of the
order; or (b) came into
existence as
a result of
the making of
the order regardless of
whether the
order has
been discharged. (8)
This section
does not
apply to
carnal knowledge
between persons who
are— (a) lawfully married; or
(b) if both
persons are
adults—entitled to
be lawfully married.
Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 224] 224
Attempts to procure abortion
Any
person who, with intent to procure the miscarriage of a
woman, whether
she is or
is not with
child, unlawfully administers to
her or causes her to take any poison or other noxious thing,
or uses any force of any kind, or uses any other
means whatever,
is guilty of
a crime, and
is liable to
imprisonment for 14 years.
225 The like by women with child
Any
woman who, with intent to procure her own miscarriage,
whether she is or is not with child,
unlawfully administers to herself any poison or other noxious
thing, or uses any force of any kind, or
uses any other means whatever, or permits any such thing or
means to be administered or used to her, is guilty
of a
crime, and is liable to imprisonment for 7 years.
226 Supplying drugs or instruments to
procure abortion Any person who unlawfully supplies to or
procures for any person anything whatever, knowing that it is
intended to be unlawfully used
to procure the
miscarriage of
a woman, whether
she is or
is not with
child, is
guilty of
a misdemeanour, and is liable to
imprisonment for 3 years. 227 Indecent
acts (1) Any person who— (a)
wilfully and
without lawful
excuse does
any indecent act
in any place
to which the
public are
permitted to
have access,
whether on
payment of
a charge for
admission or not; or (b)
wilfully does any indecent act in any place
with intent to insult or offend any person;
is
guilty of a misdemeanour, and is liable to imprisonment for
2
years. Page 130 Current as at 27
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Acts injurious to the public in general Chapter 22
Offences against morality [s 227A] (2)
The
offender may be arrested without warrant. (3)
Subsection (1)
does not
apply to
a person who
does an
indecent act
under the
authority of
an adult entertainment permit.
227A Observations or recordings in breach
of privacy (1) A person who observes or visually
records another person, in circumstances where
a reasonable adult
would expect
to be afforded
privacy— (a) without the other person’s consent;
and (b) when the other person—
(i) is in a private place; or
(ii) is engaging in a
private act and the observation or visual
recording is
made for
the purpose of
observing or visually recording a private
act; commits a misdemeanour. Maximum
penalty—2 years imprisonment. Examples of
circumstances where a reasonable adult would expect to be
afforded privacy —
1 A person changing in a communal change
room at a swimming pool may expect to be observed by another
person who is also changing in the room but may not expect to
be visually recorded. 2 A person who
needs help to dress or use a toilet may expect to be
observed by the person giving the help but
may not expect to be observed by another person.
(2) A person who observes or visually
records another person’s genital or
anal region,
in circumstances where
a reasonable adult would
expect to be afforded privacy in relation to that
region— (a)
without the other person’s consent;
and (b) when the observation or visual
recording is made for the purpose of
observing or
visually recording
the other person’s genital
or anal region; Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 227B] commits a
misdemeanour. Maximum penalty—2 years imprisonment.
Example for subsection (2)
— using a
mobile phone in
a public place to
take photos of women’s
underwear under their skirts without their
consent (3) In subsection (2)— genital or anal
region , of a person, means the person’s
genital or anal region
when the
region is
covered by
underwear or
bare. 227B
Distributing prohibited visual
recordings (1) A person
who distributes a
prohibited visual
recording of
another person having reason to believe it
to be a prohibited visual recording, without the other person’s
consent, commits a misdemeanour. Maximum
penalty—2 years imprisonment. (2)
In
this section— distribute includes—
(a) communicate, exhibit,
send, supply
or transmit to
someone, whether to a particular person or
not; and (b) make available
for access by
someone, whether
by a particular
person or not; and (c) enter into an agreement or arrangement
to do something in paragraph (a) or (b); and
(d) attempt to distribute.
prohibited visual recording
, of
another person, means— (a) a
visual recording
of the person
in a private
place or
engaging in a private act made in
circumstances where a reasonable adult would expect to be
afforded privacy; or (b) a visual
recording of the person’s genital or anal region,
when it
is covered by
underwear or
bare, made
in Page 132 Current as at 27
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Acts injurious to the public in general Chapter 22
Offences against morality [s 227C] circumstances
where a reasonable adult would expect to be afforded
privacy in relation to that region. 227C
Persons who are not criminally responsible
for offences against ss 227A and 227B (1)
A
person is not criminally responsible for an offence against
section 227A(1) or (2) or 227B(1) if—
(a) the person
is, at the
time of
the offence, a
law enforcement officer acting in the
course of the person’s duties; and (b)
the
person’s conduct is reasonable in the circumstances
for
the performance of the duties. (2)
A
person is not criminally responsible for an offence against
section 227A(1)
or (2) or
227B(1) in
relation to
an observation or visual recording of
another person who is in lawful custody or subject to a
supervision order if— (a) the person is,
at the time of the offence, acting in the course
of the person’s
duties in
relation to
the other person’s lawful
custody or supervision order; and (b)
the
person’s conduct is reasonable in the circumstances
for
the performance of the duties. Examples of
conduct that may be reasonable for the performance of
duties —
• the observation of a person for the
safety of the person or another person •
the
observation of a person providing a urine sample for a
drug
test (3) In this section— lawful
custody includes
detention under
the Mental Health
Act
2000 in— (a) an
authorised mental
health service
or a high
security unit within the
meaning of that Act; or Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 228] (b)
the
forensic disability service within the meaning of the
Forensic Disability Act 2011
. supervision order , for a person,
means an order under an Act or a law of the
Commonwealth or another State or made by an Australian court
that subjects
the person to
supervision including, for
example, the following orders— (a)
a community based
order under
the Penalties and
Sentences Act 1992 ;
(b) a community
based order
or supervised release
order under the
Youth Justice Act 1992 ;
(c) a parole order or a conditional
release order under the Corrective Services Act 2006
; (d) a
supervision order
or an interim
supervision order
under the Dangerous
Prisoners (Sexual Offenders) Act
2003 .
228 Obscene publications and
exhibitions (1) Any person who knowingly, and without
lawful justification or excuse— (a)
publicly sells,
distributes or
exposes for
sale any
obscene book or other obscene printed or
written matter, any obscene computer generated image or any
obscene picture, photograph, drawing,
or model, or
any other object tending
to corrupt morals; or (b) exposes
to view in
any place to
which the
public are
permitted to
have access,
whether on
payment of
a charge for
admission or
not, any
obscene picture,
photograph, drawing,
or model, or
any other object
tending to corrupt morals; or
(c) publicly exhibits
any indecent show
or performance, whether on
payment of a charge for admission to see the show or
performance or not; is guilty of a misdemeanour, and is liable
to imprisonment for 2 years. Page 134
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Acts injurious to the public in general Chapter 22
Offences against morality [s 228A] (2)
In
the case of an offence defined in subsection (1)(a) or (b),
if the matter or thing is obscene or tends to
corrupt morals by reason of depicting a person who is or is
represented to be— (a) a child under the age of 16 years—the
offender is liable to imprisonment for 5 years; or
(b) a child under the age of 12 years—the
offender is liable to imprisonment for 10 years.
(3) In the
case of
an offence defined
in subsection (1)(c),
if a person appearing
in the indecent show or performance is or is represented to
be— (a) a child under the age of 16 years—the
offender is liable to imprisonment for 5 years; or
(b) a child under the age of 12 years—the
offender is liable to imprisonment for 10 years.
(4) It is a defence to a charge of any of
the offences defined in this section to prove
that it was for the public benefit that the act complained of
should be done. (5) Whether the doing of any such act is
or is not for the public benefit is a question of fact.
(6) In this section— 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. 228A Involving child in making child
exploitation material (1) A
person who
involves a
child in
the making of
child exploitation
material commits a crime. Maximum penalty—14 years
imprisonment. (2) In this section— Current as at 27
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 228B] involves
a
child in the making of child exploitation material
includes— (a)
in any way
concerns a
child in
the making of
child exploitation
material; and (b) attempts to
involve a
child in
the making of
child exploitation
material. 228B Making child exploitation
material (1) A person
who makes child
exploitation material
commits a
crime. Maximum
penalty—14 years imprisonment. (2)
In
this section— make child
exploitation material includes— (a)
produce child exploitation material;
and (b) attempt to make child exploitation
material. 228C Distributing child exploitation
material (1) A person who distributes child
exploitation material commits a crime.
Maximum penalty—14 years
imprisonment. (2) In this section— distribute child
exploitation material includes— (a)
communicate, exhibit,
send, supply
or transmit child
exploitation material to someone, whether to
a particular person or not; and (b)
make
child exploitation material available for access by
someone, whether by a particular person or
not; and (c) enter into an agreement or arrangement
to do something in paragraph (a) or (b); and
(d) attempt to distribute child
exploitation material. Page 136 Current as at 27
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Acts injurious to the public in general Chapter 22
Offences against morality [s 228D] 228D
Possessing child exploitation
material A person who knowingly possesses child
exploitation material commits a crime. Maximum
penalty—14 years imprisonment. 228E
Defences for ss 228A–228D
(1) Subsections (2), (3) and (5) prescribe
defences available to a person charged with an offence against
section 228A, 228B, 228C or 228D. (2)
It
is a defence for the person to prove that— (a)
the person engaged
in the conduct
that is
alleged to
constitute the offence for a genuine
artistic, educational, legal, medical, scientific or public
benefit purpose; and (b) the
person’s conduct
was, in
the circumstances, reasonable for
that purpose. Example of something made for a public
benefit — a current
affairs television
program showing
children being
tortured during a civil
war (3) It is a defence for the person to
prove that, at the time of the alleged
offence— (a) a classification exemption had been
given to an entity for the material that is alleged to be child
exploitation material; and (b)
the person engaged
in the conduct
that is
alleged to
constitute the offence— (i)
for
a purpose for which the exemption was given; and
(ii) in
a way that
is consistent with
the exemption, including
any conditions imposed
on the exemption. Example
— Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 228E] A
Brisbane medical
school is
given an
exemption under
the Classification of Publications Act
1991 to allow the medical school to
possess photographs of
tortured children
and to distribute
the photographs to
medical students.
The exemption is
subject to
a condition that the students are not
allowed to distribute the photographs to anyone else or
remove the photographs from the premises of the medical school.
Amy, a medical student, gives some of the photographs
to her brother
Bob and also
takes some
of the photographs home.
Neither Amy
nor
Bob could claim
a
defence under this subsection, because their
possession of the photographs is not consistent with the
exemption. (4)
Whether conduct was engaged in for a purpose
mentioned in subsection (2)(a) or (3)(b)(i) is a question
of fact. (5) It is a defence for the person to
prove that the material alleged to be child
exploitation material is a computer game, film or
publication that is classified as something
other than RC. (6) For subsection (5),
the material may
have been
classified before,
or may be
classified after,
the offence is
alleged to
have
been committed. (7) A certificate that states any of the
following facts is evidence of that
fact— (a) whether a stated computer game, film
or publication has been classified; (b)
if a
stated computer game, film or publication has been
classified—the classification given
to the computer
game, film or publication.
(8) In this section— certificate means—
(a) a certificate under
the Classification (Publications, Films and
Computer Games) Act 1995 (Cwlth), section 87; or
(b) a certificate signed, or purporting to
be signed, by— (i) for a
computer game—the
computer games
classification officer
under the
Classification of
Computer Games and Images Act 1995
;
or Page 138 Current as at 27
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Acts injurious to the public in general Chapter 22
Offences against morality [s 228F] (ii)
for a publication—the publications classification officer under
the Classification of Publications Act
1991 ; or
(iii) for
a film—a certificate mentioned
in the Classification of
Films Act
1991 ,
section 60(1)
signed or purporting to be signed by the
director or convenor within the meaning of that
Act. classification exemption means an
exemption given under— (a) for
a computer game—the
Classification of
Computer Games and Images
Act 1995 , section 59; or (b)
for
a film—the Classification of Films Act 1991
,
section 57 or 59A; or (c)
for
a publication—the Classification of Publications Act
1991 , section
37. 228F Excluding non-essential persons from
court when child exploitation material displayed
(1) When material alleged to be child
exploitation material is on display
in a courtroom, the
court must
exclude from
the courtroom anyone who is not an
essential person. (2) An essential
person is— (a) a
party, or
a person representing a
party, to
the proceeding; or (b)
a
Crown Law Officer or a person authorised by a Crown
Law
Officer; or (c) the prosecutor; or (d)
a
witness giving evidence; or (e)
a person who
a witness is
entitled to
have present
in court under the Evidence Act
1977 , section 21A(2)(d) or 21AV or
the Criminal Law (Sexual Offences) Act
1978 , section 5(1)(f); or
Current as at 27 November 2013
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against morality [s 228G] (f)
a person whose
presence is,
in the court’s
opinion, necessary
or desirable for
the proper conduct
of the proceeding;
or (g) a person
who applies to
the court to
be present and
whose presence, in the court’s
opinion— (i) would serve a proper interest of the
person; and (ii) would
not be prejudicial to
the interests of
any child described or depicted in the
child exploitation material, whether or not any child can be
identified from the child exploitation material.
(3) When forming an opinion under
subsection (2)(f) or (g), the court must
consider the public benefit of limiting the number
of
people with access to child exploitation material.
228G Forfeiture of child exploitation
material etc. (1) This section applies if a person is
prosecuted for an offence against— (a)
section 210(1)(e) or (f), 218A or 218B;
or (b) section 228A, 228B, 228C or
228D. (2) Whether or
not the person
is convicted of
the offence, the
court may order the photograph, visual
image, or material that is the subject of the offence be
forfeited to the State. (3) If the person is
convicted of the offence, the court may also order that
anything used to commit the offence be forfeited to
the
State. Example of a thing used to commit the
offence — a computer, camera or sound recording
device (4) Subsections (2) and (3) apply whether
the thing to be forfeited has been seized or is in its owner’s
possession. (5) The court
may also make
any order that
it considers appropriate to
enforce the forfeiture. Page 140 Current as at 27
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Acts injurious to the public in general Chapter 22
Offences against morality [s 228H] (6)
This section
does not
limit the
court’s powers
under the
Penalties and
Sentences Act
1992 ,
the Criminal Proceeds
Confiscation Act 2002 or another
law. (7) When forfeited
to the State,
the thing becomes
the State’s property
and may be
dealt with
as directed by
the chief executive. 228H
Possession etc. of child exploitation
material by law enforcement officer (1)
A
person is not criminally responsible for an offence against
section 228B, 228C or 228D if—
(a) the person is, at the time of the
offence, a classification officer or law enforcement officer
acting in the course of the person’s duties; and
(b) the person’s conduct is reasonable in
the circumstances for the performance of the duties.
Examples of conduct that may be reasonable
for the performance of a law enforcement officer’s
duties — • copying
child exploitation material
for the purposes
of preparing a brief for police
prosecutors • supplying child
exploitation material
to a classification officer for
classification or to the Office of the Director of
Public Prosecutions for
use during the
prosecution of
a person for an offence
• keeping child
exploitation material
obtained during
an investigation for legitimate
intelligence purposes (2) However,
subsection (1) does not apply to the extent that the
person’s conduct
consists of
engaging in
conduct or
an activity that— (a)
is
authorised under— (i) the Police
Powers and
Responsibilities Act
2000 ,
chapter 10 or 11; or (ii)
the Crime and
Misconduct Act
2001 ,
chapter 3,
part
6A; or Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22 Offences
against morality [s 229] (b)
is otherwise directed
to gaining evidence
of the commission of an
offence against a particular person. 229
Knowledge of age immaterial
Except as otherwise expressly stated, it is
immaterial, in the case of any of the offences defined in this
chapter committed with respect to a person under a specified
age, that the accused person did not know that the person
was under that age, or believed that the person was not under
that age. 229B Maintaining a sexual relationship with
a child (1) Any adult who maintains an unlawful
sexual relationship with a child under the prescribed age
commits a crime. Maximum penalty—life imprisonment.
(2) An unlawful sexual relationship is a
relationship that involves more than 1 unlawful sexual act over
any period. (3) For an adult to be convicted of the
offence of maintaining an unlawful sexual relationship with a
child, all the members of the jury
must be
satisfied beyond
reasonable doubt
that the
evidence establishes that an unlawful sexual
relationship with the child involving unlawful sexual acts
existed. (4) However, in relation to the unlawful
sexual acts involved in an unlawful sexual relationship—
(a) the prosecution is not required to
allege the particulars of any unlawful sexual act that would
be necessary if the act were charged as a separate offence;
and (b) the jury is not required to be
satisfied of the particulars of
any unlawful sexual
act that it
would have
to be satisfied of if
the act were charged as a separate offence; and
(c) all the
members of
the jury are
not required to
be satisfied about the same unlawful
sexual acts. Page 142 Current as at 27
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Acts injurious to the public in general Chapter 22
Offences against morality [s 229B] (5)
If
the child was at least 12 years when the crime was alleged
to have been
committed, it
is a defence
to prove the
adult believed
on reasonable grounds
the child was
at least the
prescribed age. (6)
An
adult can not be prosecuted for the crime without a Crown
Law
Officer’s consent. (7) An adult may be charged in 1
indictment with— (a) the offence
of maintaining an
unlawful sexual
relationship with a child (the
maintaining offence ); and
(b) 1 or more other offences of a sexual
nature alleged to have been committed by the adult in relation
to the child in the course of the alleged unlawful sexual
relationship (the other offence or
offences ). (8) The adult
charged in 1 indictment as mentioned in subsection
(7) may be
convicted of
and punished for
any or all
of the offences
charged. (9) However, if the adult is—
(a) charged in 1 indictment as mentioned
in subsection (7); and (b) sentenced to
imprisonment for the maintaining offence and for the
other offence or offences; the court
imposing imprisonment may
not order that
the sentence for the maintaining offence
be served cumulatively with the
sentence or
sentences for
the other offence
or offences. Editor’s
note — See the Penalties and
Sentences Act 1992 , section 155 (Imprisonment to
be
served concurrently unless otherwise ordered). (10)
In
this section— offence of
a sexual nature
means an
offence defined
in section 208,
210 (other than
section 210(1)(e)
or (f)), 215,
222,
349, 350 or 352. prescribed age , for a child,
means— Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229C] (a)
if
the unlawful sexual relationship involves an act that
constitutes, or
would constitute (if
it were sufficiently particularised), an
offence defined
in section 208—18
years; or (b)
in
any other case—16 years. unlawful sexual act
means an act that constitutes, or
would constitute (if it were sufficiently
particularised), an offence of a sexual
nature. Chapter 22A Prostitution 229C
Definitions for ch 22A In this
chapter— address means current
place of residence. arrangement includes
scheme, agreement, understanding, promise or
undertaking, whether express or implied. capacity
means ability or power (whether direct or
indirect), and includes ability or power that is
exercisable because of, by way of, in breach of, or by
revocation of, any of, or any combination of,
the following (whether
or not they
are enforceable)— (a)
trusts; (b)
arrangements; (c)
practices. carry on a
business see section 229F. control
means the capacity of an entity to dominate,
whether directly or
indirectly, decision
making in
relation to
the financial and
operating policies
of another entity
so as to
enable the
other entity
to operate with
the first entity
in pursuing the first entity’s
objectives. Page 144 Current as at 27
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229D] entity
means any
legal, administrative or
fiduciary arrangement, organisational structure
or other party
(including a
person) having
the capacity to
deploy scarce
resources in order to achieve
objectives. participate means enable,
aid, facilitate, organise or control. place
includes— (a)
vacant land (which may be held under more
than 1 title or owner); and (b)
a
place in Queensland waters; and (c)
premises. premises
includes— (a)
a building or
structure, or
a part of
a building or
structure, of any type; and
(b) a group of buildings or structures, or
a part of a group of buildings or structures, of any type
(which may be held under more than 1 title or owner);
and (c) the land or water on which a building
or structure is, or a group of buildings or structures are,
situated (which may be held under more than 1 title or owner);
and (d) a vehicle, caravan, vessel or
aircraft. prostitution see section
229E. publishing means publishing
in Queensland or elsewhere by way
of television, newspaper, radio
or another form
of communication. unlawful
prostitution means
prostitution by
2 or more
prostitutes, other than at a licensed
brothel in accordance with the brothel licence for the
brothel. 229D Meaning of sexual
intercourse for ch 22A (1)
For
this chapter, sexual intercourse includes either
or both of the following activities—
Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229E] (a)
the penetration, to
any extent, of
the vagina, vulva
or anus of
a person by
any part of
the body of
another person;
(b) the penetration, to
any extent, of
the vagina, vulva
or anus of a person, carried out by
another person using an object. (2)
In
this section— penetration does
not include penetration carried
out for a
proper medical, hygienic or law enforcement
purpose. 229E Meaning of prostitution (1)
A person engages
in prostitution if
the person engages,
or offers to engage, in the provision to
another person, under an arrangement of
a commercial character, of
any of the
following activities— (a)
sexual intercourse; (b)
masturbation; (c)
oral
sex; (d) any activity, other than sexual
intercourse, masturbation or oral sex, that involves the use of
1 person by another for his or
her sexual satisfaction involving
physical contact.
(2) However, a person does not engage in
prostitution if— (a) the activity is an activity mentioned
in subsection (1)(d); and (b)
the person is
providing adult
entertainment under
an adult entertainment permit and is an
adult and is not a person with an impairment of the mind;
and (c) the activity is authorised under the
permit. (3) Subsection (1) applies equally to
males and females. Page 146 Current as at 27
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229F] (4)
It does not
matter, in
relation to
an arrangement for
the provision of an activity mentioned in
subsection (1)(a), (b), (c) or (d), whether—
(a) the arrangement is initiated with the
person engaging in the provision of the activity or a third
person; or (b) the pecuniary or other reward under
the arrangement is to be received by the person engaging in the
provision of the activity or a third person.
(5) In this section— oral
sex means the
bringing into
contact of
any part of
the genitalia or anus of a person with any
part of the mouth of another person. 229F
Meaning of carry on a
business To carry on a business, a person must at
least— (a) provide finance for the business;
and (b) either— (i)
take
part in the management of the business; or (ii)
control the business. 229FA Obtaining
prostitution from person who is not an adult (1)
A person (a
client )
who obtains prostitution from
a person who
is not an
adult and
who the client
knows, or
ought reasonably to
know, is not an adult, commits a crime. Maximum
penalty—imprisonment for 7 years. (2)
If
the person who provides the prostitution is under 16 years,
the offender is
liable to
a maximum penalty
of 14 years
imprisonment. 229G
Procuring engagement in prostitution
(1) A person who— Current as at 27
November 2013 Page 147
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229H] (a)
procures another person to engage in
prostitution, either in Queensland or elsewhere; or
(b) procures another person—
(i) to leave Queensland for the purpose of
engaging in prostitution elsewhere; or
(ii) to come to
Queensland for the purpose of engaging in prostitution;
or (iii) to leave the
other person’s usual place of residence in
Queensland for
the purpose of
engaging in
prostitution, either in Queensland or
elsewhere; commits a crime. Maximum
penalty—imprisonment for 7 years. (2)
If
the procured person is not an adult or is a person with an
impairment of the mind, the offender is
liable to a maximum penalty of 14 years imprisonment.
(3) A licensee or approved manager of a
licensed brothel, or his or her agent, does not contravene
subsection (1) only because the licensee,
manager or agent has employed an adult who is not
a person with
an impairment of
the mind to
work as
a prostitute at the brothel in
accordance with the brothel licence for the
brothel. (4) For subsection (3), it does not matter
whether the prostitute is employed under a contract of service
or a contract for service. (5) In this
section— procure includes
knowingly entice or recruit for the purposes of sexual
exploitation. 229H Knowingly participating in provision
of prostitution (1) A person who knowingly participates,
directly or indirectly, in the provision
of prostitution by
another person
commits a
crime. Page 148
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229H] Maximum
penalty— (a) for a first offence—imprisonment for 3
years; or (b) for a second offence—imprisonment for
5 years; or (c) for a third or subsequent
offence—imprisonment for 7 years. Examples of the
crime— Example 1 —
a
person who knowingly participates in the provision of prostitution
by another person through a company, or other
entity, or through another individual Example 2
— a person
who provides financial
or other resources
to enable the
establishment of
premises from
which prostitution is
carried out
or coordinated knowing that the premises
will be so used Example 3 —
a
person who receives financial or other benefit from another
person engaging in prostitution in return for the
procuring of clients Example 4 —
drivers, operators and hirers of vehicles
who provide transport, or the means of
transport, for prostitutes or clients knowing that the
transport provided is assisting prostitution unless
section 229HA(4)(b)(ii) applies Example 5
— a person who receives, directs or
redirects telephone calls or other forms of messages, or
who takes bookings or receives money, knowing that the
action is in connection with the engaging in
of prostitution by another person unless section 229HA(5)
applies Example 6 —
a
person who participates, directly or indirectly, in any service,
action or matter for the purpose of knowingly enabling
another person to engage in prostitution Note
— Some of
these examples
may also illustrate
the offence defined
in section 229HB. Current as at 27
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229HA] (2)
However, if a person who is not an adult or
is a person with an impairment of
the mind is,
to the offender’s knowledge, engaged
in the provision
of the prostitution, the
offender is
liable to a maximum penalty of 14 years
imprisonment. 229HA When section 229H does not apply to a
person (1) Subsections (2)
to (5) set
out particular circumstances in
which section 229H does not apply to a
person. (2) Section 229H does not apply to a
person (the participant ) who
knowingly participates, directly or
indirectly, in the provision of prostitution
by another person if— (a) the
provision of
the prostitution by
the other person
happens at
a licensed brothel
in accordance with
the brothel licence for the brothel;
and (b) the other person is an adult and is
not a person with an impairment of the mind.
(3) Section 229H does not apply to a
person (also the participant )
who knowingly participates, directly
or indirectly, in
the provision of prostitution by another
person if— (a) the activity
constituting the
prostitution is
an activity mentioned in
section 229E(1)(d); and (b) the
person engaging
in the activity
is providing adult
entertainment under an adult entertainment
permit and is an adult and is not a person with an
impairment of the mind; and (c)
the
activity is authorised under the permit. (4)
Section 229H does not apply to a person
(also the participant )
who knowingly participates, directly
or indirectly, in
the provision of prostitution by another
person if— (a) the provision of the prostitution by
the other person does not take place at a licensed brothel,
and the prostitution is not unlawful prostitution;
and (b) either— Page 150
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229HA] (i)
the
participant— (A) is the holder of a current licence
issued under the Security Providers Act 1993
for
carrying out the functions of a bodyguard under
that Act; and (B)
participates in
the provision of
the prostitution no
more than
the extent necessary
for providing services
as a bodyguard;
and (C) participates in
the provision of
the prostitution by the other person and
no one else; or (ii)
the
participant— (A) is the holder of a current licence
issued under the Security Providers Act 1993
for
carrying out the functions of a crowd controller
under that Act; and (B)
participates in
the provision of
the prostitution no
more than
the extent necessary for
providing services as a driver; and
(C) participates in
the provision of
the prostitution by the other person and
no one else; and (c)
the
other person is an adult and is not a person with an
impairment of the mind. (5)
Section 229H does not apply to a person
(also the participant )
who knowingly participates, directly
or indirectly, in
the provision of prostitution by another
person if— (a) the provision of the prostitution by
the other person does not take place at a licensed brothel,
and the prostitution is not unlawful prostitution;
and (b) the participant directly
receives a
message from
the other person
about the
other person’s
location, or
the Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229HB] activity being
undertaken by the other person, in relation to the provision
of prostitution by the other person; and (c)
the participant participates in
the provision of
the prostitution no
more than
the extent necessary
for ensuring the safety of the other
person; and (d) the participant participates in
the provision of
the prostitution by the other person and
no one else; and (e) the participant does not engage in
prostitution. 229HB Carrying on business of providing
unlawful prostitution (1) A person who
knowingly carries on the business of providing unlawful
prostitution commits a crime. Maximum
penalty—imprisonment for 7 years. (2)
However, if a person who is not an adult or
is a person with an impairment of
the mind is,
to the offender’s knowledge, engaged
in the provision
of the prostitution, the
offender is
liable to a maximum penalty of 14 years
imprisonment. (3) This section and section 229H do not
limit each other. 229HC Persons engaging in or obtaining
prostitution through unlawful prostitution business
(1) A person
who engages in
prostitution through
a business suspected
on reasonable grounds
of providing unlawful
prostitution commits a crime.
Maximum penalty— (a)
for
a first offence—imprisonment for 3 years; or (b)
for
a second offence—imprisonment for 5 years; or (c)
for
a third or subsequent offence—imprisonment for 7
years. (2)
A
person who, without reasonable excuse, obtains prostitution
through a
business suspected
on reasonable grounds
of providing unlawful prostitution
commits a crime. Page 152 Current as at 27
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229I] Maximum
penalty— (a) for a first offence—imprisonment for 3
years; or (b) for a second offence—imprisonment for
5 years; or (c) for a third or subsequent
offence—imprisonment for 7 years. 229I
Persons found in places reasonably suspected
of being used for prostitution etc.
(1) A person
who, without
reasonable excuse,
is found in,
or leaving after having been in, a place
suspected on reasonable grounds of being used for the purposes
of prostitution by 2 or more prostitutes commits a
crime. Maximum penalty— (a)
for
a first offence—imprisonment for 3 years; or (b)
for
a second offence—imprisonment for 5 years; or (c)
for
a third or subsequent offence—imprisonment for 7
years. (2)
However, if a person who is not an adult or
is a person with an impairment of the mind is, to the offender’s
knowledge, in the place at
the time of
the offence, the
offender is
liable to
a maximum penalty of 14 years
imprisonment. (3) In sentencing an
offender who
is a prostitute or
client, the
court may, in mitigation of sentence, have
regard to evidence of an appropriate sexual
health check
undergone by
the offender within 3 months before the
offence. (4) Subsection (1)
does not
apply to
a person (the
relevant person
) if
the place is a licensed brothel, unless— (a)
if the relevant
person, without
reasonable excuse,
is found in the place—a person who is not
an adult or who is a person
with an
impairment of
the mind is,
to the relevant
person’s knowledge, also in the place; or Current as at 27
November 2013 Page 153
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229J] (b)
if the relevant
person, without
reasonable excuse,
is found leaving after having been in the
place—a person who is not
an adult or
who is a
person with
an impairment of
the mind was,
to the relevant
person’s knowledge, also
in the place when the relevant person was in the
place. 229J Certificate of discharge for
particular offences (1) In this section— defendant
means a
person charged
with an
unlawful prostitution
offence or an unlawful presence offence. identifying
matter means— (a)
the name, address,
place of
employment or
another particular of
the defendant or
another person
that is
likely to lead to the identification of the
defendant; or (b) any photograph, picture,
videotape or
other visual
representation of the defendant or another
person that is likely to lead to the identification of the
defendant. the court means
a court before
which is
brought a
charge against a
defendant for an unlawful prostitution offence or an
unlawful presence offence, and includes a
justice conducting an examination of
witnesses in
relation to
an unlawful prostitution
offence or an unlawful presence offence charged against a
defendant. unlawful presence offence
means an offence against section
229I. unlawful
prostitution offence
means an
offence against
section 229HC(1) or (2). (2)
At any time
before being
found guilty
of the unlawful
prostitution offence
or the unlawful
presence offence,
the defendant— (a)
may
apply to the court for the issue of the certificate of
discharge mentioned in subsection (6) in
relation to the Page 154 Current as at 27
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Prostitution [s 229J] unlawful
prostitution offence or the unlawful presence offence;
and (b) may apply
to the court
for an order
prohibiting publication of
identifying matter
in relation to
the defendant if the certificate is
granted. (3) The application may be heard in court
or in chambers. (4) If the
defendant has
been charged
on indictment, the
application is to be heard and determined by
a judge sitting alone without a jury. (5)
On
making the application the defendant must give evidence,
and
may be cross-examined, in relation to all matters relevant
to— (a) the
commission, by
the defendant, of
the unlawful prostitution offence
or the unlawful
presence offence;
and (b) the
commission, by
any other person,
of an offence
against this Code— (i)
if the offence
is an unlawful
prostitution offence—in
relation to carrying on the business of providing
unlawful prostitution; or (ii) if the offence
is an unlawful presence offence—in relation to the
premises. (6) If the
court is
satisfied that
the evidence is
a full and
true disclosure by
the defendant of all material particulars within
the defendant’s knowledge
relevant to
the application, the
court must immediately give the defendant a
certificate stating that the defendant is discharged on the
unlawful prostitution offence or the unlawful presence
offence. (7) The defendant
can not afterwards be
convicted or
further prosecuted for
the unlawful prostitution offence
or the unlawful
presence offence. (8) If the court grants an application
under subsection (2)(b), the court
may make an
order prohibiting the
publishing of
any Current as at 27 November 2013
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Acts injurious to the public in general Chapter 22A
Prostitution [s 229K] identifying matter
in relation to
the defendant either
indefinitely or until further order.
(9) A police officer or other person may
serve a copy of the order on any person. (10)
A person who
knowingly contravenes an
order under
subsection (8) commits a crime.
Maximum penalty
for subsection (10)—2000
penalty units,
imprisonment for 5 years or both.
229K Having an interest in premises used
for prostitution etc. (1) In this
section— interested person
, in relation
to premises, means
a person who—
(a) owns, leases,
rents or
otherwise has
an interest in
premises; or (b)
is
entitled to occupy or use premises; or (c)
controls an entity that— (i)
owns, leases, rents or otherwise has an
interest in premises; or (ii)
is
entitled to occupy or use premises. (2)
A
person who— (a) is an interested person in relation to
premises; and (b) knowingly allows
the premises to
be used for
the purposes of prostitution by 2 or more
prostitutes; commits a crime. Maximum
penalty— (a) for a first offence—imprisonment for 3
years; or (b) for a second offence—imprisonment for
5 years; or (c) for a third or subsequent
offence—imprisonment for 7 years. Page 156
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Prostitution [s 229K] (3)
However, if a person who is not an adult or
is a person with an impairment of the mind is, to the offender’s
knowledge, in the premises at a time of the offence, the
offender is liable to a maximum penalty of 14 years
imprisonment. (3A) Subsection (2)
does not
apply to
an interested person
in relation to a licensed brothel.
(3B) However,
subsection (3A) does not apply if, to the interested
person’s knowledge, a person who was not an
adult or who was a person
with an
impairment of
the mind was
in the premises when
the interested person was allowing the person to be using the
premises for prostitution. (4) A
person allows
premises to
be used for
the purposes of
prostitution if the person—
(a) knowingly permits
the premises to
be used for
the purposes of prostitution; or
(b) knowing that
the premises are
being used
for the purposes of
prostitution, fails to take every reasonable step to stop
that use. (5) A police officer may serve on a person
who is an interested person in relation to premises a
written warning to the effect that
the premises are
being used
for the purposes
of prostitution by 2 or more
prostitutes. (6) In a
prosecution against
the interested person
mentioned in
subsection (5), or another person aware of
the warning, for an offence against subsection (2), evidence of
the warning and its contents are admissible against the
defendant. (7) If a
person who
is an interested person
in relation to
premises— (a)
is
served with a warning under subsection (5) in relation
to
the premises; or (b) otherwise has
reasonable grounds
to suspect that
the premises are being used for the
purposes of prostitution by 2 or more prostitutes;
Current as at 27 November 2013
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Prostitution [s 229L] the person may,
by writing served on an occupier or user of the
premises, require
the occupier or
user to
leave the
premises not later than 7 days after the
service of the notice and not return. (8)
A person who,
without reasonable excuse,
contravenes a
requirement made of the person under
subsection (7) commits a crime. Example of
reasonable excuse — If the premises concerned were not
used for the purposes of prostitution by 2 or more
prostitutes, the person has a reasonable excuse for failing
to
comply with the requirement. Maximum
penalty—imprisonment for 7 years. 229L
Permitting young person etc. to be at place
used for prostitution A person who
knowingly causes or permits a person who is not an adult or
is a person with an impairment of the mind to be at a place
used for the purposes of prostitution by 2 or more
prostitutes commits a crime.
Maximum penalty—imprisonment for 14
years. 229M Evidence that business of prostitution
is being carried on (1) The fact that a business of
prostitution is being carried on may be
inferred from
employment records,
business records,
telephone records,
advertisements and
other relevant
factors and
circumstances. (2) However, evidence of condoms and other
material for safe sex practices is not admissible against a
defendant. 229N Evidence that place is being used for
prostitution (1) The fact
that a
place is
being used
for the purposes
of prostitution may be inferred from
evidence of the condition of Page 158
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Nuisances—misconduct relating to corpses [s 229O]
the place, material
found at
the place and
other relevant
factors and circumstances.
(2) However, evidence
of condoms and
other material
for safe sex practices is
not admissible against a defendant. 229O
Non-compellability of health service
providers (1) In this section— health
service means a service genuinely provided to a
person for the benefit
of human health,
and includes services
specified in the Health Quality
and Complaints Commission Act 2006 , schedule 1,
part 1. health services provider means—
(a) a registered provider within the
meaning of the Health Quality and
Complaints Commission Act 2006 ; or
(b) another person who provides a health
service; or (c) an employee of a person mentioned in
paragraph (a) or (b). (2)
A
health services provider is entitled to refuse to provide
any document or information, or answer any
question, in relation to an investigation of, or prosecution
for, an offence against this chapter on the ground that it
would disclose information gained in providing a health
service. Chapter 23 Nuisances—misconduct relating to
corpses 230A Definitions for ch 23
In
this chapter— conduct means
conduct, promote,
organise, control
or operate. Current as at 27
November 2013 Page 159
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Acts injurious to the public in general Chapter 23
Nuisances—misconduct relating to corpses [s 230A]
occupier , of a place,
means any of the following— (a)
the
owner, lessee or person apparently in charge of the
place; (b)
the
person who has the care, management or supervision
of
the place or who is conducting a business at the place.
place includes land,
premises and a vehicle. public place means—
(a) a place, or part of 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 (b) a place, or part of a place, the
occupier of which allows, whether or not on payment of money,
members of the public to enter. unlawful
game means a game of chance, or mixed chance
and skill, that— (a)
is
not authorised under an Act; and (b)
is
played by 1 or more persons ( players
)
who gamble or bet on an
outcome of
the game for
the purpose of
winning money or another consideration;
and (c) has at least 1 of the following
characteristics— (i) the game is conducted or played in a
public place; (ii) the game is
played in a place, or part of a place, the occupier of
which allows, on payment of money or for other
consideration, players to enter and use for playing the
game; (iii )
a
percentage of the amount gambled or bet is— (A)
kept
by 1 or more of the players, or another person;
and (B) not included in the winnings of the
players. Page 160 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 4
Acts injurious to the public in general Chapter 23
Nuisances—misconduct relating to corpses [s 230]
230 Common nuisances Any person
who— (a) without lawful
justification or
excuse, the
proof of
which lies on the person, does any act, or
omits to do any act with respect to any property under
the person’s control, by which act or omission danger is
caused to the lives, safety, or health, of the public;
or (b) without lawful
justification or
excuse, the
proof of
which lies on the person, does any act, or
omits to do any act with respect to any property under
the person’s control, by which act or omission danger is
caused to the property or
comfort of
the public, or
the public are
obstructed in
the exercise or
enjoyment of
any right common
to all Her
Majesty’s subjects,
and by which
injury is caused to the person of some
person; is guilty of a misdemeanour, and is liable
to imprisonment for 2 years. 232
Operating a place for unlawful games
(1) A person who operates a place—
(a) for the purpose of conducting an
unlawful game, by the person or another person; or
(b) for the purpose of playing an unlawful
game; commits a misdemeanour. Maximum
penalty—600 penalty
units or
3 years imprisonment. (2)
In
this section— operates includes
owns, leases,
manages, controls
and maintains. Current as at 27
November 2013 Page 161
Schedule 1 The Criminal Code
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Acts injurious to the public in general Chapter 23
Nuisances—misconduct relating to corpses [s 233]
233 Possession of thing used to play an
unlawful game (1) A person
who possesses gaming
equipment that
has been used, or is
intended to be used, for playing an unlawful game
commits an offence. Maximum
penalty—200 penalty units. (2) In this
section— gaming equipment means a machine
or other device (whether electronic, electrical or
mechanical), computer
software, or
another thing, used or suitable for use, for
playing an unlawful game. Example of
another thing, used or suitable for use, for playing an
unlawful game — implements for
playing two-up 234 Conducting or playing unlawful
games (1) A person
who conducts an
unlawful game
commits an
offence. Maximum
penalty—200 penalty units. (2) A person who
plays an unlawful game commits an offence. Maximum
penalty—40 penalty units. 236 Misconduct with
regard to corpses Any person who, without lawful justification
or excuse, the proof of which lies on the person—
(a) neglects to perform any duty imposed
upon the person by law, or undertaken by the person, whether
for reward or otherwise, touching the burial or other
disposition of a human body or human remains; or
(b) improperly or indecently interferes
with, or offers any indignity to, any dead human body or human
remains, whether buried or not; Page 162
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 4
Acts injurious to the public in general Chapter 24
Offences against public health [s 238]
is
guilty of a misdemeanour, and is liable to imprisonment for
2
years. Chapter 24 Offences against
public health 238 Contamination of goods
(1) A person
who contaminates or
interferes with
goods, or
makes it
appear that
goods have
been contaminated or
interfered with, commits a
misdemeanour. Maximum penalty—3 years imprisonment.
(2) If the person commits the offence with
intent to cause— (a) public alarm or anxiety; or
(b) members of
the public who
are aware of
the contamination or interference or
apparent contamination or interference to refrain from
purchasing those goods or goods of that or any similar class;
or (c) any person to suffer economic loss
through taking steps to avoid public alarm or anxiety;
or (d) members of the public to refrain from
purchasing those goods or goods of that or any similar
class; the person commits a crime.
Maximum penalty—10 years
imprisonment. (3) A person who, with any intent
mentioned in subsection (2), threatens that
he or she or any other person will contaminate or interfere
with goods or make it appear that goods have been
contaminated or interfered with, commits a
crime. Maximum penalty—7 years imprisonment.
Current as at 27 November 2013
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Acts injurious to the public in general Chapter 24 Offences
against public health [s 239] (4)
If
the threat is accompanied by the making of a demand, the
person commits a crime. Maximum
penalty—14 years imprisonment. 239
Hoax
contamination of goods A person who makes a statement or
conveys information to another person that he or she
knows or
believes to
be false with the
intention of inducing in that person or another person
a
belief that goods have been contaminated or interfered with
and
causes— (a) public alarm or anxiety; or
(b) that person
or that other
person to
refrain from
purchasing those goods or goods of that or
any similar class; or (c)
any
person to suffer economic loss through taking steps
to
avoid public alarm or anxiety; or (d)
members of the public to refrain from
purchasing those goods or goods of that or any similar
class; commits a crime. Maximum
penalty—7 years imprisonment. 240
Dealing in contaminated goods
A
person who knowingly— (a) sells
or exposes for
sale as
goods for
human consumption, or
has in the
person’s possession with
intent to
sell it
as goods for
human consumption, any
article that
the person knows
to be contaminated or
otherwise unfit as goods for human
consumption; or (b) takes into a slaughter house used for
the slaughter of any animals intended for human consumption
the whole or any part of the carcass of an animal that
has died of a disease; or Page 164
Current as at 27 November 2013
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 241]
(c) sells or exposes for sale the whole or
part of the carcass of an animal
that has
died of
a disease or
that was
diseased when slaughtered;
commits a misdemeanour. Maximum
penalty—3 years imprisonment. 241
Definitions for ch 24 In this
chapter— contaminate includes to add,
mix or put in a deleterious or poisonous
substance. goods includes
beverage and
food for
human consumption and
any substances whether
natural or
manufactured and
whether or not incorporated in or mixed with
other goods. Part 5 Offences against
the person and relating to marriage and
parental rights and duties
Chapter 26 Assaults and
violence to the person generally—justification
and
excuse 245 Definition of assault
(1) A person who strikes, touches, or
moves, or otherwise applies force of any
kind to, the person of another, either directly or
indirectly, without
the other person’s
consent, or
with the
other person’s consent if the consent is
obtained by fraud, or who by
any bodily act
or gesture attempts
or threatens to
apply force of any kind to the person of
another without the Current as at 27 November 2013
Page
165
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Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the person
generally—justification and excuse [s 246]
other person’s
consent, under
such circumstances that
the person making the attempt or threat
has actually or apparently a present
ability to
effect the
person’s purpose,
is said to
assault that other person, and the act is
called an assault .
(2) In this section— applies
force includes
the case of
applying heat,
light, electrical force,
gas, odour,
or any other
substance or
thing whatever
if applied in
such a
degree as
to cause injury
or personal discomfort.
246 Assaults unlawful (1)
An
assault is unlawful and constitutes an offence unless it is
authorised or justified or excused by
law. (2) The application of
force by
one person to
the person of
another may be unlawful, although it is done
with the consent of that other person. 247
Execution of sentence It is lawful for
a person who is charged by law with the duty of executing or
giving effect to the lawful sentence of a court to execute or
give effect to that sentence. 248
Execution of process It is lawful for
a person who is charged by law with the duty of executing the
lawful process of a court, and who is required to arrest or
detain another person under such process, and for
every person lawfully assisting a person so
charged, to arrest or detain that
other person
according to
the terms of
the process. 249
Execution of warrants It is lawful for
a person who is charged by law with the duty of executing a
lawful warrant issued by any court or justice or
Page
166 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 250]
other person
having jurisdiction to
issue it,
and who is
required to arrest or detain another person
under such warrant, and for every person lawfully assisting a
person so charged, to arrest or detain that other person
according to the directions of the
warrant. 250 Erroneous sentence or process or
warrant If the sentence was passed, or the process
was issued, by a court having
jurisdiction under
any circumstances to
pass such a sentence
or to issue such process, or if the warrant was issued by a
court or justice or other person having authority
under any
circumstances to
issue such
a warrant, it
is immaterial whether the court or
justice or person had or had not
authority to
pass the
sentence or
issue the
process or
warrant in the particular case; unless the
person executing the same knows that the sentence or
process or warrant was in fact passed or issued
without authority. 251 Sentence or process or warrant without
jurisdiction A person who executes or assists in
executing any sentence, process, or warrant, which purports to
be passed or issued by a court, justice,
or other person,
and who would
be justified, under the
provisions of sections 247 to 250, in executing the
same if
it had been
passed or
issued by
a court, justice,
or person having authority to pass or
issue it, is not criminally responsible for
any act done
in such execution, notwithstanding that
the court, justice,
or person, had
no authority to pass the sentence or
issue the process or warrant, if in such
execution the person acted in good faith and in the
belief that
the sentence, process,
or warrant, was
that of
a court, justice, or other person,
having such authority. 252 Arrest of wrong
person (1) A person who, being duly authorised to
execute a warrant to arrest one
person, arrests
another person,
believing in
good Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the person
generally—justification and excuse [s 253]
faith and on reasonable grounds that the
person arrested is the person named in the warrant, is not
criminally responsible for doing so to any greater extent than if
the person arrested had been the person named in the
warrant. (2) Any person
who lawfully assists
in making such
an arrest, believing that
the person arrested is the person named in the warrant, or who,
being required by the warrant to receive and detain the
person named in it, receives and detains the person
so
arrested, is not criminally responsible for doing so to any
greater extent than if the person arrested
had been the person named in the warrant. 253
Irregular process or warrant
When
any process or warrant is bad in law by reason of some
defect in
substance or
in form apparent
on the face
of it, a
person who, in good faith and believing that
it is good in law, acts in
the execution of
the process or
warrant, is
not criminally responsible for anything
done in such execution to any greater extent than if the process
or warrant were good in law. 254
Force
used in executing process or in arrest It
is lawful for
a person who
is engaged in
the lawful execution of any
sentence, process, or warrant, or in making any arrest, and
for any person lawfully assisting the person, to
use
such force as may be reasonably necessary to overcome
any
force used in resisting such execution or arrest.
255 Duty of persons arresting
(1) It is the duty of a person executing
any process or warrant to have it
with him
or her, if
reasonably practicable, and
to produce it if required.
(2) It is the duty of a person arresting
another, whether with or without warrant, to give notice, if
practicable, of the process Page 168 Current as at 27
November 2013
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 257]
or
warrant under which the person is acting or of the cause of
the
arrest. (3) A failure
to fulfil either
of the aforesaid
duties does
not of itself
make the
execution of
the process or
warrant or
the arrest unlawful,
but is relevant
to the inquiry
whether the
process or warrant might not have been
executed or the arrest made by reasonable means in a less
forcible manner. 257 Other cases of preventing escape from
arrest (1) When a
person who
is not a
police officer
is proceeding lawfully
to arrest, without
warrant, another
person for
an offence which
is such that
the offender may
be arrested without warrant,
and when any person is proceeding lawfully to
arrest another
person for
any cause other
than such
an offence, and, in either case, the
person sought to be arrested takes
to flight in
order to
avoid arrest,
it is lawful
for the person seeking
to arrest the other person to use such force as may
be reasonably necessary
to prevent the
other person’s
escape. (2)
But
this section does not authorise the use of force which is
intended or is likely to cause death or
grievous bodily harm. 258 Preventing escape
or rescue after arrest (1) When any person
has lawfully arrested another person for any offence,
it is lawful
for the person to
use
such force as the
person believes,
on reasonable grounds,
to be necessary
to prevent the escape or rescue of the
person arrested. (2) But, if
the offence is
not a crime
which is
such that
the offender may
be arrested without
warrant, this
section does
not
authorise the use of force which is intended or is likely to
cause death or grievous bodily harm.
(3) This section
does not
limit the
powers a
police officer
has under the Police Powers
and Responsibilities Act 2000 .
Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the person
generally—justification and excuse [s 260]
260 Preventing a breach of the
peace It is lawful for any person who witnesses a
breach of the peace to interfere to prevent the continuance or
renewal of it, and to use such force as is reasonably
necessary for such prevention and
is reasonably proportioned to
the danger to
be apprehended from such continuance or
renewal, and to detain any person who is committing or who is
about to join in or to renew the
breach of
the peace for
such time
as may be
reasonably necessary
in order to
give the
person into
the custody of a police officer.
261 Suppression of riot
It
is lawful for any person to use such force as is necessary
to suppress a riot, and is reasonably
proportioned to the danger to be apprehended from its
continuance. 262 Suppression of riot by
magistrates It is lawful for a justice to use or order
to be used such force as the justice believes, on reasonable
grounds, to be necessary in order to
suppress a riot, and is reasonably proportioned to the
danger which the justice believes, on
reasonable grounds, is to be apprehended from its
continuance. 263 Suppression of riot by person acting
under lawful orders (1) It is lawful for any person acting in
good faith in obedience to orders, not
manifestly unlawful,
given by
a justice for
the suppression of a riot, to use such
force as the person believes, on
reasonable grounds,
to be necessary
for carrying such
orders into effect. (2)
Whether any particular order so given is or
is not manifestly unlawful is a question of law.
Page
170 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 264]
264 Suppression of riot by person acting
without order in case of emergency When
any person, whether
subject to
military law
or not, believes,
on reasonable grounds,
that serious
mischief will
arise from
a riot before
there is
time to
procure the
intervention of a justice, it is lawful for
the person to use such force as
the person believes,
on reasonable grounds,
to be necessary for
the suppression of the riot, and as is reasonably
proportioned to
the danger which
the person believes,
on reasonable grounds,
is to be
apprehended from
its continuance. 265
Riot—persons subject to military law
(1) It is lawful for a person who is bound
by military law to obey the lawful commands of the person’s
superior officer to obey any command
given to
the person by
his or her
superior officer
in order to
the suppression of
a riot, unless
the command is manifestly unlawful.
(2) Whether any
particular command
is or is
not manifestly unlawful is a
question of law. 266 Prevention of crimes and offences for
which an offender may be arrested without warrant—prevention
of violence by particular persons It is lawful for
any person to use such force as is reasonably necessary in
order to prevent the commission of an offence which
is such that
the offender may
be arrested without
warrant; or in order to prevent any act from
being done as to which the
person believes,
on reasonable grounds,
that it
would, if
done, amount
to any such
offence; or
in order to
prevent a
person whom
the person believes,
on reasonable grounds, to be
an involuntary patient under the Mental
Health Act 2000 or
a forensic disability client
under the
Forensic Disability Act
2011 from
doing violence
to any person
or property. Current as at 27
November 2013 Page 171
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the person
generally—justification and excuse [s 267]
267 Defence of dwelling
It
is lawful for a person who is in peaceable possession of a
dwelling, and
any person lawfully
assisting him
or her or
acting by his or her authority, to use force
to prevent or repel another person from unlawfully entering or
remaining in the dwelling, if the person using the force
believes on reasonable grounds— (a)
the
other person is attempting to enter or to remain in
the
dwelling with intent to commit an indictable offence
in
the dwelling; and (b) it is necessary to use that
force. 268 Provocation (1)
The
term provocation , used with
reference to an offence of which an assault is an element, means
and includes, except as hereinafter stated, any wrongful act
or insult of such a nature as to
be likely, when
done to
an ordinary person,
or in the
presence of an ordinary person to another
person who is under the person’s immediate care, or to whom the
person stands in a conjugal, parental,
filial, or
fraternal, relation,
or in the
relation of
master or
servant, to
deprive the
person of
the power of self-control, and to induce
the person to assault the person by whom the act or insult is
done or offered. (2) When such an act or insult is done or
offered by one person to another, or in the presence of another
to a person who is under the immediate care of that other, or
to whom the latter stands in any such relation as aforesaid, the
former is said to give to the latter provocation for an
assault. (3) A lawful act is not provocation to any
person for an assault. (4) An
act which a
person does
in consequence of
incitement given by another
person in order to induce the person to do the act,
and thereby to
furnish an
excuse for
committing an
assault, is not provocation to that other
person for an assault. Page 172 Current as at 27
November 2013
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 269]
(5) An arrest which is unlawful is not
necessarily provocation for an assault, but
it may be evidence of provocation to a person who knows of the
illegality. 269 Defence of provocation
(1) A person
is not criminally responsible for
an assault committed upon a
person who gives the person provocation for
the assault, if
the person is
in fact deprived
by the provocation of
the power of self-control, and acts upon it on the sudden and
before there is time for the person’s passion to
cool, and
if the force
used is
not disproportionate to
the provocation and is not intended, and
is not such as is likely, to cause death or
grievous bodily harm. (2) Whether any
particular act or insult is such as to be likely to
deprive an ordinary person of the power of
self-control and to induce the ordinary person to assault the
person by whom the act or insult is done or offered, and
whether, in any particular case, the
person provoked
was actually deprived
by the provocation of
the power of
self-control, and
whether any
force used is or is not disproportionate to
the provocation, are questions of fact. 270
Prevention of repetition of insult
It
is lawful for any person to use such force as is reasonably
necessary to prevent the repetition of an
act or insult of such a nature as to be provocation to the
person for an assault, if the force used is
not intended, and is not such as is likely, to cause
death or grievous bodily harm.
271 Self-defence against unprovoked
assault (1) When a person is unlawfully assaulted,
and has not provoked the assault, it is lawful for the
person to use such force to the assailant as is
reasonably necessary to make effectual defence against the
assault, if the force used is not intended, and is not
such
as is likely, to cause death or grievous bodily harm.
Current as at 27 November 2013
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rights and duties Chapter 26 Assaults and violence to the person
generally—justification and excuse [s 272]
(2) If the
nature of
the assault is
such as
to cause reasonable apprehension of
death or
grievous bodily
harm, and
the person using force by way of defence
believes, on reasonable grounds, that the person can not
otherwise preserve the person defended from
death or grievous bodily harm, it is lawful for the
person to
use any such
force to
the assailant as
is necessary for
defence, even
though such
force may
cause death or
grievous bodily harm. 272 Self-defence
against provoked assault (1) When
a person has
unlawfully assaulted
another or
has provoked an assault from another, and
that other assaults the person with
such violence
as to cause
reasonable apprehension of
death or grievous bodily harm, and to induce the
person to
believe, on
reasonable grounds,
that it
is necessary for the person’s
preservation from death or grievous bodily
harm to
use force in
self-defence, the
person is
not criminally responsible for
using any
such force
as is reasonably necessary
for such preservation, although
such force may cause
death or grievous bodily harm. (2)
This
protection does not extend to a case in which the person
using force which causes death or grievous
bodily harm first begun the assault with intent to kill or to
do grievous bodily harm to some person; nor to a case in which
the person using force which
causes death
or grievous bodily
harm endeavoured to
kill or
to do grievous
bodily harm
to some person before
the necessity of so preserving himself or herself
arose; nor, in either case, unless, before
such necessity arose, the person
using such
force declined
further conflict,
and quitted it or retreated from it as far
as was practicable. 273 Aiding in self-defence
In
any case in which it is lawful for any person to use force
of any degree for
the purpose of
defending himself
or herself against an
assault, it is lawful for any other person acting in
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 274]
good
faith in the first person’s aid to use a like degree of
force for the purpose of defending the first
person. 274 Defence of moveable property against
trespassers It is lawful for any person who is in
peaceable possession of any moveable property, and for any
person lawfully assisting him or her or acting by his or her
authority, to use such force as is reasonably
necessary in order to resist the taking of such property
by a trespasser, or
in order to
retake it
from a
trespasser, provided
that the
person does
not do grievous
bodily harm to the trespasser.
275 Defence of moveable property with
claim of right When a
person is
in peaceable possession of
any moveable property under a
claim of right, it is lawful for the person, and
for
any person lawfully assisting him or her or acting by his or
her
authority, to use such force as is reasonably necessary in
order to defend the person’s possession of
the property, even against a person who is entitled by law to
possession of the property, provided that he or she does not
do grievous bodily harm to such other person.
276 Defence of moveable property without
claim of right When a
person who
is entitled by
law to the
possession of
moveable property
attempts to
take it
from another
person who is in
possession of the property, but who neither claims
right to it, nor acts by the authority of a
person who claims right, and
the person in
possession resists
him or her,
it is lawful for the
person so entitled to possession to use the force
that
is reasonably necessary in order to obtain possession of
the property, provided
that he
or she does
not do grievous
bodily harm to the person in
possession. Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the person
generally—justification and excuse [s 277]
277 Defence of premises against
trespassers—removal of disorderly persons (1)
It
is lawful for a person who is in peaceable possession of any
land, structure, vessel,
or place, or
who is entitled
to the control or
management of any land, structure, vessel, or place,
and
for any person lawfully assisting him or her or acting by
his or her
authority, to
use such force
as is reasonably necessary
in order to
prevent any
person from
wrongfully entering upon
such land, structure, vessel, or place, or in order
to remove therefrom
a person who
wrongfully remains
therein, provided that he or she does not do
grievous bodily harm to such person. (2)
It
is lawful for a person who is in peaceable possession of any
land, structure, vessel,
or place, or
who is entitled
to the control or
management of any land, structure, vessel, or place,
and
for any person acting by his or her authority, to use the
force that
is reasonably necessary
in order to
remove therefrom
any person who
conducts himself
or herself in
a disorderly manner therein, provided
that he or she does not do the person grievous bodily
harm. (3) In this section— place
includes any part of an enclosure or
structure, whether separated from
the rest of
the enclosure or
structure by
a partition, fence, rope, or any other
means, or not. 278 Defence of possession of real property
or vessel with claim of right When
a person is
in peaceable possession of
any land, structure, or
vessel, with a claim of right, it is lawful for the
person, and
for any person
lawfully assisting
him or her
or acting by
his or her
authority, to
use such force
as is reasonably necessary
in order to
defend the
person’s possession, even
against a person who is entitled by law to the possession of
the property, provided that he or she does not do
grievous bodily harm to such person.
Page
176 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 279]
279 Exercise of right of way or
easement When a person who is lawfully entitled to
enter upon land for the exercise of
a right of
way or other
easement or
profit enters upon the
land for the purpose of exercising such right of way,
easement, or profit, after notice that right to use such
way or easement
or to take
such profit
is disputed by
the person in possession of the land, or
having entered persists in entry after
such notice,
it is lawful
for the person
in possession, and for any person
lawfully assisting him or her or acting
by his or
her authority, to
use such force
as is reasonably
necessary for the purpose of making the person so
entering desist from the entry, provided
that he or she does not do the person entering grievous bodily
harm. 280 Domestic discipline
It
is lawful for a parent or a person in the place of a parent,
or for a schoolteacher or master, to use, by
way of correction, discipline, management or control, towards a
child or pupil, under the person’s care such force as is
reasonable under the circumstances. 281
Discipline of vehicle It is lawful for
a person in charge of a vehicle on a journey and
for
any person acting by his or her authority to use, for the
purpose of maintaining good order and
discipline on board the vehicle, such force as the person or
such person acting by his or her
authority believes,
on reasonable grounds,
to be necessary, and
as is reasonable under the circumstances. 282
Surgical operations and medical
treatment (1) A person
is not criminally responsible for
performing or
providing, in good faith and with reasonable
care and skill, a surgical operation on or medical treatment
of— (a) a person or an unborn child for the
patient’s benefit; or Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the person
generally—justification and excuse [s 282A]
(b) a person or an unborn child to
preserve the mother’s life; if performing
the operation or providing the medical treatment
is
reasonable, having regard to the patient’s state at the time
and
to all the circumstances of the case. (2)
If
the administration by a health professional of a substance
to a patient would
be lawful under
this section,
the health professional may
lawfully direct
or advise another
person, whether
the patient or
another person,
to administer the
substance to the patient or procure or
supply the substance for that purpose. (3)
It
is lawful for a person acting under the lawful direction or
advice, or in the reasonable belief that the
advice or direction was lawful, to administer the substance, or
supply or procure the substance, in accordance with the
direction or advice. (4) In this
section— health professional see the
Hospital and Health Boards Act
2011 , schedule
2. medical treatment
, for subsection (1)(a),
does not
include medical
treatment intended
to adversely affect
an unborn child.
patient means
the person or
unborn child
on whom the
surgical operation
is performed or
of whom the
medical treatment is
provided. surgical operation , for subsection
(1)(a), does not include a surgical operation
intended to
adversely affect
an unborn child.
282A Palliative care (1)
A
person is not criminally responsible for providing
palliative care to another person if—
(a) the person provides the palliative
care in good faith and with reasonable care and skill;
and Page 178 Current as at 27
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Offences against the person and relating to marriage and parental
rights and duties Chapter 26 Assaults and violence to the
person generally—justification and excuse [s 283]
(b) the provision of the palliative care
is reasonable, having regard to the other person’s state at
the time and all the circumstances of the case; and
(c) the person is a doctor or, if the
person is not a doctor, the palliative care
is ordered by a doctor who confirms the order in
writing. (2) Subsection (1) applies even if an
incidental effect of providing the palliative
care is to hasten the other person’s death. (3)
However, nothing
in this section
authorises, justifies
or excuses— (a)
an
act done or omission made with intent to kill another
person; or (b)
aiding another person to kill himself or
herself. (4) To remove any doubt, it is declared
that the provision of the palliative care
is reasonable only
if it is
reasonable in
the context of good medical
practice. (5) In this section— good medical
practice means good medical practice for the
medical profession in Australia having
regard to— (a) the recognised medical
standards, practices
and procedures of the medical profession
in Australia; and (b) the recognised ethical
standards of
the medical profession in
Australia. palliative care means care,
whether by doing an act or making an omission,
directed at maintaining or improving the comfort
of a
person who is, or would otherwise be, subject to pain and
suffering. 283
Excessive force In any case in
which the use of force by one person to another is lawful the
use of more force than is justified by law under
the
circumstances is unlawful. Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 27 Duties relating to the preservation
of human life [s 284] 284
Consent to death immaterial
Consent by a person to the causing of the
person’s own death does not
affect the
criminal responsibility of
any person by
whom
such death is caused. Chapter 27 Duties relating
to the preservation of human life
285 Duty to provide necessaries
It
is the duty of every person having charge of another who is
unable by
reason of
age, sickness,
unsoundness of
mind, detention, or
any other cause, to withdraw himself or herself from
such charge,
and who is
unable to
provide himself
or herself with
the necessaries of
life, whether
the charge is
undertaken under a contract, or is imposed
by law, or arises by reason of any act, whether lawful or
unlawful, of the person who has
such charge,
to provide for
that other
person the
necessaries of life; and the person is held
to have caused any consequences which
result to
the
life or health of
the other person by reason
of any omission to perform that duty. 286
Duty
of person who has care of child (1)
It
is the duty of every person who has care of a child under 16
years to— (a)
provide the necessaries of life for the
child; and (b) take the
precautions that
are reasonable in
all the circumstances to
avoid danger to the child’s life, health or safety;
and (c) take the action that is reasonable in
all the circumstances to remove the child from any such
danger; Page 180 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 27 Duties relating to the
preservation of human life [s 288] and he or she is
held to have caused any consequences that result
to the life
and health of
the child because
of any omission to
perform that duty, whether the child is helpless or
not. (2)
In
this section— person who
has care of
a child includes
a parent, foster
parent, step parent, guardian or other adult
in charge of the child, whether
or not the
person has
lawful custody
of the child.
288 Duty of persons doing dangerous
acts It is the
duty of
every person
who, except
in a case
of necessity, undertakes to
administer surgical
or medical treatment to any
other person, or to do any other lawful act which is or may
be dangerous to human life or health, to have reasonable skill
and to use reasonable care in doing such act, and the person
is held to have caused any consequences which result
to the life
or health of
any person by
reason of
any omission to observe or perform that
duty. 289 Duty of persons in charge of dangerous
things It is the duty of every person who has in
the person’s charge or under the
person’s control
anything, whether
living or
inanimate, and whether moving or stationary,
of such a nature that, in
the absence of
care or
precaution in
its use or
management, the life, safety, or health, of
any person may be endangered, to
use reasonable care
and take reasonable precautions to
avoid such
danger, and
the person is
held to
have caused
any consequences which
result to
the life or
health of
any person by
reason of
any omission to
perform that
duty. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 290] 290
Duty
to do certain acts When a person undertakes to do any act the
omission to do which is or may be dangerous to human life
or health, it is the person’s duty to do that act: and the
person is held to have caused any consequences which result
to the life or health of any person by reason of any omission
to perform that duty. Chapter 28 Homicide—suicide— concealment of
birth 291 Killing of a human being
unlawful It is unlawful
to kill any
person unless
such killing
is authorised or justified or excused by
law. 292 When a child becomes a human
being A child becomes a person capable of being
killed when it has completely proceeded
in a living
state from
the body of
its mother, whether it has breathed or
not, and whether it has an independent circulation or not, and
whether the navel-string is severed or
not. 293 Definition of killing
Except as
hereinafter set
forth, any
person who
causes the
death of
another, directly
or indirectly, by
any means whatever, is
deemed to have killed that other person. 294
Death
by acts done at childbirth When a child dies in consequence of an
act done or omitted to be done by any person before or during
its birth, the person who did or omitted to do such act is
deemed to have killed the child. Page 182
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 295] 295
Causing death by threats A person who, by
threats or intimidation of any kind, or by deceit,
causes another
person to
do an act
or make an
omission which
results in
the death of
that other
person, is
deemed to have killed the other
person. 296 Acceleration of death
A person who
does any
act or makes
any omission which
hastens the death of another person who,
when the act is done or the omission is made, is labouring
under some disorder or disease arising from another cause, is
deemed to have killed that other person. 297
When
injury or death might be prevented by proper precaution
When
a person causes a bodily injury to another from which
death results, it is immaterial that the
injury might have been avoided by proper precaution on the
part of the person injured, or that the
injured person’s death from that injury might have
been
prevented by proper care or treatment. 298
Injuries causing death in consequence of
subsequent treatment When
a person does
grievous bodily
harm to
another, and
such other
person has
recourse to
surgical or
medical treatment, and
death results
either from
the injury or
the treatment, the
person is
deemed to
have killed
that other
person, although
the immediate cause
of death was
the surgical or medical treatment,
provided that the treatment was reasonably
proper under the circumstances, and was applied in good
faith. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 300] 300
Unlawful homicide Any person who
unlawfully kills another is guilty of a crime, which
is called murder
or manslaughter, according
to the circumstances of
the case. 302 Definition of murder
(1) Except as hereinafter set forth, a
person who unlawfully kills another under
any of the following circumstances, that is to say—
(a) if the offender intends to cause the
death of the person killed or
that of
some other
person or
if the offender
intends to
do to the
person killed
or to some
other person some
grievous bodily harm; (b) if
death is
caused by
means of
an act done
in the prosecution of
an unlawful purpose, which act is of such a nature as to
be likely to endanger human life; (c)
if the offender
intends to
do grievous bodily
harm to
some person
for the purpose
of facilitating the
commission of a crime which is such that the
offender may be arrested without warrant, or for the
purpose of facilitating the flight of an offender who
has committed or attempted to commit any such
crime; (d) if death
is caused by
administering any
stupefying or
overpowering thing for either of the
purposes mentioned in paragraph (c); (e)
if
death is caused by wilfully stopping the breath of any
person for either of such purposes;
is
guilty of murder .
(2) Under subsection (1)(a) it is
immaterial that the offender did not intend to
hurt the particular person who is killed. (3)
Under subsection (1)(b) it is immaterial
that the offender did not intend to hurt any person.
Page
184 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 303] (4)
Under subsection (1)(c) to (e) it is
immaterial that the offender did not intend
to cause death or did not know that death was likely to
result. 303 Definition of manslaughter A
person who
unlawfully kills
another under
such circumstances as
not to constitute murder
is guilty of
manslaughter .
304 Killing on provocation
(1) When a
person who
unlawfully kills
another under
circumstances which,
but for the
provisions of
this section,
would constitute murder, does the act which
causes death in the heat of passion caused by sudden
provocation, and before there is
time for
the person’s passion
to cool, the
person is
guilty of manslaughter only.
(2) Subsection (1)
does not
apply if
the sudden provocation is
based on words alone, other than in
circumstances of a most extreme and exceptional
character. (3) Also, subsection (1)
does not
apply, other
than in
circumstances of
a most extreme
and exceptional character, if—
(a) a domestic relationship exists between
2 persons; and (b) one person
unlawfully kills
the other person
(the deceased
);
and (c) the sudden provocation is based on
anything done by the deceased or anything the person
believes the deceased has done— (i)
to
end the relationship; or (ii) to change the
nature of the relationship; or (ii)
to indicate in
any way that
the relationship may,
should or will end, or that there may,
should or will be a change to the nature of the
relationship. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 304A] (4)
For subsection (3)(a),
despite the
Domestic and
Family Violence
Protection Act
2012 ,
section 18(6),
a domestic relationship
includes a relationship in which 2 persons date or
dated each other on a number of
occasions. (5) Subsection (3)(c)(i) applies even if
the relationship has ended before the sudden provocation and
killing happens. (6) For proof of circumstances of a most
extreme and exceptional character mentioned
in subsection (2)
or (3) regard
may be had
to any history
of violence that
is relevant in
all the circumstances. (7)
On a
charge of murder, it is for the defence to prove that the
person charged is, under this section,
liable to be convicted of manslaughter only. (8)
When
2 or more persons unlawfully kill another, the fact that
1 of
the persons is, under this section, guilty of manslaughter
only
does not affect the question whether the unlawful killing
amounted to murder in the case of the other
person or persons. 304A Diminished responsibility
(1) When a
person who
unlawfully kills
another under
circumstances which,
but for the
provisions of
this section,
would constitute murder,
is at the
time of
doing the
act or making
the omission which
causes death
in such a
state of
abnormality of
mind (whether
arising from
a condition of
arrested or retarded development of mind or
inherent causes or induced by disease or injury) as
substantially to impair the person’s
capacity to understand what the person is doing, or
the person’s capacity
to control the
person’s actions,
or the person’s
capacity to know that the person ought not to do the
act
or make the omission, the person is guilty of manslaughter
only. (2)
On a
charge of murder, it shall be for the defence to prove that
the person charged
is by virtue
of this section
liable to
be convicted of manslaughter only.
Page
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Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 304B] (3)
When
2 or more persons unlawfully kill another, the fact that
1 of such
persons is
by virtue of
this section
guilty of
manslaughter only
shall not
affect the
question whether
the unlawful killing amounted to murder in
the case of any other such person or persons.
304B Killing for preservation in an abusive
domestic relationship (1)
A
person who unlawfully kills another (the deceased
)
under circumstances that,
but for the
provisions of
this section,
would constitute murder, is guilty of
manslaughter only, if— (a) the
deceased has
committed acts
of serious domestic
violence against the person in the course of
an abusive domestic relationship; and
(b) the person believes that it is
necessary for the person’s preservation from death or grievous
bodily harm to do the act or make the omission that causes the
death; and (c) the person has reasonable grounds for
the belief having regard to the abusive domestic relationship
and all the circumstances of the case.
(2) An abusive domestic
relationship is a domestic relationship
existing between 2 persons in which there is
a history of acts of serious domestic
violence committed
by either person
against the other. (3)
A history of
acts of
serious domestic
violence may
include acts that appear
minor or trivial when considered in isolation. (4)
Subsection (1) may apply even if the act or
omission causing the death (the response
)
was done or made in response to a particular act
of domestic violence committed by the deceased that
would not,
if the history
of acts of
serious domestic
violence were disregarded, warrant the
response. (5) Subsection (1)(a) may apply even if
the person has sometimes committed acts of domestic violence in
the relationship. Current as at 27 November 2013
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Schedule 1 The Criminal Code
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Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 305] (6)
For subsection (1)(c),
without limiting
the circumstances to
which regard may be had for the purposes of
the subsection, those circumstances include acts of the
deceased that were not acts of domestic violence.
(7) In this section— domestic
violence see
the Domestic and
Family Violence
Protection Act 2012 , section
8. 305 Punishment of murder
(1) Any person
who commits the
crime of
murder 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 .
(2) If the person is being
sentenced— (a) on more than 1 conviction of murder;
or (b) on 1
conviction of
murder and
another offence
of murder is taken into account;
or (c) on a
conviction of
murder and
the person has
on a previous
occasion been sentenced for another offence of murder;
the
court sentencing the person must make an order that the
person must
not be released
from imprisonment until
the person has served a minimum of 30 or
more specified years of imprisonment, unless
released sooner
under exceptional circumstances
parole under the Corrective Services Act 2006
. (3) Subsection (2)(c)
applies whether
the crime for
which the
person is being sentenced was committed
before or after the conviction for the other offence of murder
mentioned in the paragraph. (4)
If— Page 188 Current as at 27
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Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 306] (a)
the
person killed was a police officer at the time the act
or
omission that caused the person’s death was done or
made; and (b)
the person being
sentenced did
the act or
made the
omission that caused the police officer’s
death— (i) when— (A)
the police officer
was performing the
officer’s duty; and (B)
the
person knew or ought reasonably to have known that he or
she was a police officer; or (ii)
because the police officer was a police
officer; or (iii) because of, or
in retaliation for, the actions of the police
officer or
another police
officer in
the performance of the officer’s
duty; the court sentencing the person must make an
order that the person must
not be released
from imprisonment until
the person has served a minimum of 25 or
more specified years of imprisonment, unless
released sooner
under exceptional circumstances
parole under the Corrective Services Act 2006
. 306 Attempt to
murder Any person who— (a)
attempts unlawfully to kill another;
or (b) with intent
unlawfully to kill
another does any
act, or
omits to do any act which it is the person’s
duty to do, such act
or omission being
of such a
nature as
to be likely to
endanger human life; is guilty of a crime, and is liable to
imprisonment for life. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 28 Homicide—suicide— concealment of
birth [s 307] 307
Accessory after the fact to murder
Any person who
becomes an
accessory after
the fact to
murder is guilty of a crime, and is liable
to imprisonment for life. 308
Threats to murder in document
Any person who,
knowing the
contents thereof,
directly or
indirectly causes
any person to
receive any
document threatening to
kill any person, is guilty of a crime, and is liable
to
imprisonment for 7 years. 309 Conspiring to
murder Any person who conspires with any other
person to kill any person, whether such person is in Queensland
or elsewhere, is guilty of a crime, and is liable to
imprisonment for 14 years. 310 Punishment of
manslaughter Any person who commits the crime of
manslaughter is liable to imprisonment for life.
311 Aiding suicide Any person
who— (a) procures another to kill himself or
herself; or (b) counsels another to kill himself or
herself and thereby induces the other person to do so; or
(c) aids another in killing himself or
herself; is guilty of a crime, and is liable to
imprisonment for life. 313 Killing unborn
child (1) Any person who, when a female is about
to be delivered of a child, prevents the child from being
born alive by any act or Page 190 Current as at 27
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Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 314] omission of such
a nature that, if the child had been born alive and
had then died,
the person would
be deemed to
have unlawfully
killed the child, is guilty of a crime, and is liable to
imprisonment for life. (2)
Any
person who unlawfully assaults a female pregnant with a
child and destroys the life of, or does
grievous bodily harm to, or transmits
a serious disease
to, the child
before its
birth, commits a
crime. Maximum penalty—imprisonment for
life. 314 Concealing the birth of
children Any person who,
when a
woman is
delivered of
a child, endeavours, by
any secret disposition of the dead body of the child, to
conceal the birth, whether the child died before, at, or
after, its birth, is guilty of a
misdemeanour, and is liable to imprisonment for
2 years. Chapter 29 Offences
endangering life or health 315
Disabling in order to commit indictable
offence Any person who, by any means calculated to
choke, suffocate, or strangle, and
with intent
to commit or
to facilitate the
commission of an indictable offence, or to
facilitate the flight of an offender after the commission or
attempted commission of an
indictable offence,
renders or
attempts to
render any
person incapable
of resistance, is
guilty of
a crime, and
is liable to imprisonment for
life. Current as at 27 November 2013
Page
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Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 316] 316
Stupefying in order to commit indictable
offence Any person who,
with intent
to commit or
to facilitate the
commission of an indictable offence, or to
facilitate the flight of an offender after the commission or
attempted commission of an
indictable offence,
administers, or
attempts to
administer, any stupefying or overpowering
drug or thing to any person, is guilty of a crime, and is
liable to imprisonment for life. 316A
Unlawful drink spiking (1)
A
person who administers, or attempts to administer, in drink
a
substance to another person (the other
person ) without the other person
having knowledge of the substance with intent to
cause the other person to be stupefied or
overpowered is guilty of a crime and is liable to
imprisonment for 5 years. (2) If
the substance is
alcohol, for
section 24
only, the
circumstances in
which the
other person
is taken to
have knowledge
of the alcohol
include where
the other person
would not
object to
the administration of
the alcohol if
the other person had actual knowledge of
it. (3) The following matters are
immaterial— (a) whether the lack of knowledge of the
substance is lack of knowledge of the presence at all of the
substance or of the particular quantity of the
substance; (b) whether the
substance is
capable of
having the
effect intended;
(c) whether a particular person is
intended to be the person to whom the substance is administered
or attempted to be administered. (4)
A reference to
causing the
other person
to be stupefied
or overpowered is— (a)
a
reference to causing the other person to be stupefied or
overpowered in circumstances where the other
person is not intending to be stupefied or overpowered
at all; or Page 192 Current as at 27
November 2013
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 316A] (b)
a reference to
causing the
other person
to be further
stupefied or
overpowered in
circumstances where
the other person is not intending to be
further stupefied or overpowered at
all or to
the extent intended
by the person who
administers, or attempts to administer, the substance. (5)
This section
does not
apply to
an act lawfully
done in
the course of the practice of a health
professional, the carrying out of
a function under
an Act or
the performance of
the responsibilities of a parent or
carer. (6) In relation
to an attempt
to administer a
substance, for
this section and
section 4, attempt includes adding a substance to
drink in preparation for the administration
of the substance. (7) In this section— adding
a substance ,
to drink, includes,
without limiting
section 7, the following—
(a) cause to be added to drink;
(b) substitute drink
with other
drink containing the
substance; (c)
take
any step to provide drink containing the substance
instead of other drink. circumstances , where the
other person is not intending to be stupefied
or overpowered, includes
any circumstance of
timing, place,
condition, or
way of stupefaction or
overpowering. dangerous
drug see the Drugs Misuse Act
1986 , section 4. drink
includes water,
beverage, or
other liquid,
intended or
prepared for human consumption.
health professional see the
Hospital and Health Boards Act
2011 , schedule
2. stupefied or overpowered includes—
(a) a state
of intoxication caused
by alcohol, a
drug or
another substance; and Current as at 27
November 2013 Page 193
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Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 317] (b)
behavioural change
caused by
a dangerous drug,
whether or not the mind is otherwise
affected. 317 Acts intended to cause grievous bodily
harm and other malicious acts Any person who,
with intent— (a) to maim, disfigure or disable, any
person; or (b) to do some grievous bodily harm or
transmit a serious disease to any person; or
(c) to resist or prevent the lawful arrest
or detention of any person; or (d)
to resist or
prevent a
public officer
from acting
in accordance with lawful
authority— either— (e)
in any way
unlawfully wounds,
does grievous
bodily harm, or
transmits a serious disease to, any person; or (f)
unlawfully strikes, or attempts in any way
to strike, any person with
any kind of
projectile or
anything else
capable of achieving the intention;
or (g) unlawfully causes any explosive
substance to explode; or (h)
sends or
delivers any
explosive substance
or other dangerous or
noxious thing to any person; or (i)
causes any
such substance
or thing to
be taken or
received by any person; or
(j) puts any corrosive fluid or any
destructive or explosive substance in any place; or
(k) unlawfully casts or throws any such
fluid or substance at or upon any person, or otherwise
applies any such fluid or substance to the person of any
person; is guilty of a crime, and is liable to
imprisonment for life. Page 194 Current as at 27
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 317A] 317A
Carrying or sending dangerous goods in a
vehicle (1) Any person who— (a)
carries or places dangerous goods in or on a
vehicle; or (b) delivers dangerous
goods to
another person
for the purpose of such
goods being placed in or on a vehicle; or
(c) has dangerous goods in his or her
possession in or on a vehicle; is guilty of a
crime and is liable to imprisonment for 14 years.
(2) A person who knowingly sends by a
vehicle any dangerous goods under a false description of the
goods or with a false description of
the sender of
the goods commits
a misdemeanour. Maximum
penalty—3 years imprisonment. (3)
It
is a defence to a charge of any offence defined in
subsection (1) to prove that the act was done by
authority or permission of or under a law of the Commonwealth
or of the State. (4) For the purposes of this
section— dangerous goods means—
(a) firearms, ammunition, weapons
and explosive substances;
and (b) an explosive or noxious substance,
acid or other thing of a dangerous
or destructive nature
that because
of its nature
or condition may
endanger the
safety of
a vehicle, a person in, on or in the
vicinity of the vehicle. 318 Obstructing
rescue or escape from unsafe premises (1)
Any person who
unlawfully obstructs
anyone in
the other person’s
efforts to
save the
life of
someone who
is in, or
escaping from, dangerous, destroyed or other
unsafe premises commits a crime. Maximum
penalty—imprisonment for life. Current as at 27
November 2013 Page 195
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 319] (2)
In
this section— obstruct includes hinder
and attempt to obstruct. 319 Endangering the
safety of a person in a vehicle with intent
(1) A person
who does anything
that endangers, or
is likely to
endanger, the
safe use
of a vehicle,
with intent
to injure or
endanger the safety of any person in the
vehicle, whether a particular person or not, commits a
crime. Maximum penalty—life imprisonment.
(2) In this section— do
anything, for
a person who
has a duty
to do the
thing, includes omit to
do the thing. in includes on. 320
Grievous bodily harm (1)
Any person who
unlawfully does
grievous bodily
harm to
another is guilty of a crime, and is liable
to imprisonment for 14 years. (2)
If
the offender is a participant in a criminal organisation and
unlawfully does grievous bodily harm to a
police officer while acting in the execution of the
officer’s duty, the offender must be imprisoned
for a minimum of 1 year with the imprisonment served wholly in
a corrective services facility. (3)
It
is a defence to the circumstance of aggravation mentioned
in
subsection (2) to prove that the criminal organisation is
not an organisation that has, as 1 of its
purposes, the purpose of engaging in, or conspiring to engage
in, criminal activity. (4) In this
section— participant , in a criminal
organisation, see section 60A. Page 196
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 320A] 320A
Torture (1)
A
person who tortures another person commits a crime.
Maximum penalty—14 years
imprisonment. (2) In this section— pain or
suffering includes physical, mental, psychological
or emotional pain or suffering, whether
temporary or permanent. torture means
the intentional infliction of
severe pain
or suffering on a person by an act or
series of acts done on 1 or more than 1
occasion. 321 Attempting to injure by explosive or
noxious substances Any person who unlawfully, and with intent
to do any bodily harm to another, puts any explosive or
noxious substance in any place
whatever, is
guilty of
a crime, and
is liable to
imprisonment for 14 years.
321A Bomb hoaxes (1)
Any
person who— (a) places an article or substance in any
place; or (b) sends an article or substance in any
way; with the intention of inducing in another
person a belief that the article
or substance is
likely to
explode, ignite,
or discharge a dangerous or noxious
substance, commits a crime. Maximum
penalty—7 years imprisonment. (2)
Any person who,
in Queensland or
elsewhere, makes
a statement or conveys information to
another person that he or she knows
or believes to
be false, with
the intention of
inducing in
that person
or another person
a belief that
an explosive or
noxious substance, acid
or other thing
of a dangerous
or destructive nature
is present in
a place in
Queensland, commits a crime.
Maximum penalty—5 years imprisonment.
Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 322] (3)
Subsections (1) and (2) apply whether or not
the accused had any particular person in mind as the person
in whom he or she intended to induce the belief mentioned in
the subsections. 322 Administering poison with intent to
harm A person who unlawfully, and with intent to
injure or annoy another person, causes a poison or another
noxious thing to be administered to, or taken by, any person
commits a crime. Maximum penalty— (a)
if
the poison or other noxious thing endangers the life
of,
or does grievous bodily harm to, the person to whom
it is administered or
by whom it
is taken—14 years
imprisonment; or (b)
otherwise—7 years imprisonment.
323 Wounding (1)
A person who
unlawfully wounds
anyone else
commits a
misdemeanour. Maximum
penalty—7 years imprisonment. (2)
The
offender may be arrested without warrant. 323A
Female genital mutilation
(1) Any person
who performs female
genital mutilation on
another person is guilty of a crime.
Maximum penalty—14 years
imprisonment. (2) It is not a defence that the other
person, or, if the other person is a child, a
parent or guardian of the other person, consented
to
the mutilation. (3) In this section— female genital
mutilation means— (a)
clitoridectomy; or Page 198
Current as at 27 November 2013
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 323B] (b)
excision of any other part of the female
genitalia; or (c) a procedure to narrow or close the
vaginal opening; or (d) any other mutilation of the female
genitalia; but does not include— (e)
a
sexual reassignment procedure; or (f)
a
medical procedure for a genuine therapeutic purpose.
medical procedure for a genuine therapeutic
purpose means a medical
procedure that is— (a) directed only
at curing or
alleviating a
physiological disability,
physical abnormality, psychological disorder or pathological
condition; or (b) performed on a person in labour or who
has just given birth and directed only at alleviating
physical symptoms in relation to
the labour or
birth or
for other medical
purposes; or (c)
performed on
a person who
has been subjected
to female genital
mutilation and
directed only
at treating the
effects, or
to reversing the
effects, of
the previous mutilation. sexual
reassignment procedure means a surgical procedure
to give a
person the
genital appearance of
a particular sex,
whether male or female. 323B
Removal of child from State for female
genital mutilation (1) Any person who takes a child from the
State, or arranges for a child to be taken from the State, with
the intention of having female genital mutilation performed on
the child is guilty of a crime. Maximum
penalty—14 years imprisonment. (2)
In
the absence of proof to the contrary, it is to be presumed
that
a person took a child, or arranged for a child to be taken,
Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 324] from
the State with
the intention of
having female
genital mutilation
performed on the child if it is proved— (a)
the
person took the child, or arranged for the child to be
taken, from the State; and
(b) female genital
mutilation was
performed on
the child while outside
the State. (3) In this section— child
means a person under 18 years.
female genital mutilation
see
section 323A. 324 Failure to supply necessaries
Any
person who, being charged with the duty of providing for
another the necessaries of life, without
lawful excuse fails to do so, whereby the life of that other
person is or is likely to be endangered or
the other person’s health is or is likely to be permanently injured,
is guilty of
a misdemeanour, and
is liable to imprisonment for 3
years. 326 Endangering life of children by
exposure Any person who
unlawfully abandons
or exposes a
child under the age of
7 years, whereby the life of such child is or is
likely to be endangered, or the child’s
health is or is likely to be permanently injured, commits a
crime. Maximum penalty—7 years imprisonment.
327 Setting mantraps (1)
Any
person who sets or places any spring gun, mantrap, or
other engine
calculated to
destroy human
life or
to inflict grievous bodily
harm, or causes any such thing to be set or placed, in any
place with the intent that it may kill or inflict
grievous bodily
harm upon
a trespasser or
other person
coming in contact with it, or sets or places
any such thing in any such place and in any such manner that
it is likely to cause Page 200 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 328] any such result,
is guilty of a misdemeanour, and is liable to imprisonment for
3 years. (2) Any person
who knowingly permits
any such spring
gun, mantrap,
or other engine,
which has
been set
or placed by
another person in any such place and in any
such manner that it is likely
to cause any
such result,
to continue so
set or placed in any
place which is then in, or afterwards comes into,
the
person’s possession or occupation, is deemed to have set
and
placed the gun, trap, or engine, with the intent aforesaid.
(3) This section does not make it unlawful
to set any gin or trap such as is usually set for the purpose
of destroying vermin; or to set
any spring gun,
mantrap, or
engine, at
night in
a dwelling house for the protection of
the dwelling house. 328 Negligent acts causing harm
(1) Any person who unlawfully does any
act, or omits to do any act which
it is the
person’s duty
to do, by
which act
or omission bodily
harm is
actually caused
to any person,
is guilty of a misdemeanour, and is
liable to imprisonment for 2 years.
(2) The offender may be arrested without
warrant. 328A Dangerous operation of a
vehicle (1) A person
who operates, or
in any way
interferes with
the operation of,
a vehicle dangerously in
any place commits
a misdemeanour. Maximum
penalty—200 penalty
units or
3 years imprisonment. (2)
If
the offender— (a) at the
time of
committing the
offence is
adversely affected by an
intoxicating substance; or Current as at 27 November 2013
Page
201
Schedule 1 The Criminal Code
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Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 328A] (b)
at the time
of committing the
offence is
excessively speeding or
taking part in an unlawful race or unlawful speed trial;
or (c) has been previously convicted either
upon indictment or summarily of an offence against this
section; the person commits a crime.
Maximum penalty—400 penalty
units or
5 years imprisonment. (3)
If
the offender has been— (a) previously convicted
either upon
indictment or
summarily of an offence against this section
committed while the
offender was
adversely affected
by an intoxicating
substance; or (b) twice previously convicted
either upon
indictment or
summarily (or
once upon
indictment and
once summarily) of
the same prescribed offence or different prescribed
offences; the court or
justices shall,
upon conviction, impose
as the whole or part of
the punishment, imprisonment. (4)
A person who
operates, or
in any way
interferes with
the operation of, a vehicle dangerously in
any place and causes the death
of or grievous
bodily harm
to another person
commits a crime and is liable on conviction
on indictment— (a) to imprisonment for 10 years, if
neither paragraph (b) nor (c) applies; or
(b) to imprisonment for
14 years if,
at the time
of committing the offence, the offender
is— (i) adversely affected by an intoxicating
substance; or (ii) excessively
speeding; or (iii) taking part in
an unlawful race or unlawful speed trial; or
Page
202 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 328A] (c)
to
imprisonment for 14 years, if the offender knows, or
ought reasonably know, the other person has
been killed or injured, and
the offender leaves
the scene of
the incident, other than to obtain medical
or other help for the other person, before a police officer
arrives. (5) The offender may be arrested without
warrant. (6) In this section— excessively
speeding means driving or operating a vehicle at
a speed more than 40km/h over the speed limit
applying to the driver under
the Transport Operations (Road
Use Management) Act 1995
. operates, or in any way interferes
with the operation of, a vehicle dangerously
means operate, or in any way
interfere with the operation of, a vehicle at a speed
or in a way that is dangerous to
the public, having
regard to
all the circumstances,
including— (a) the nature, condition and use of the
place; and (b) the nature and condition of the
vehicle; and (c) the number of persons, vehicles or
other objects that are, or might reasonably be expected to be,
in the place; and (d) the concentration of alcohol in the
operator’s blood or breath; and (e)
the presence of
any other substance
in the operator’s body.
place does not include
a place being lawfully used to race or test vehicles
under a licence or another authority under an Act
and
from which other traffic is excluded at the time.
prescribed offence means—
(a) an offence against this section;
or (b) an offence charged on indictment
involving the driving or operation of a vehicle at a speed
causing or likely to cause injury to anyone; or
Current as at 27 November 2013
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Schedule 1 The Criminal Code
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Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 328B] (c)
an
offence against the Transport Operations (Road Use
Management) Act 1995 , section 79(1),
(1F), (2), (2AA), (2A), (2B), (2D) or (2J).
the
public includes passengers in a vehicle whether in
a public or private place. unlawful
race means
a race involving
a vehicle in
contravention of
the Transport Operations (Road
Use Management) Act 1995
,
section 85. unlawful speed trial mean a trial of
the speed of a vehicle in contravention of
the Transport Operations (Road
Use Management) Act 1995
,
section 85. 328B Additional power to convict for
dangerous driving (1) Upon an
indictment charging
a person with
any offence in
connection with
or arising out
of the driving
of a motor
vehicle by the person (not being the offence
defined in section 328A), the person may be convicted of the
offence defined in section 328A with or without a circumstance
of aggravation specified in section 328A(4), if such
offence is established by the evidence. (2)
The
provisions of this section shall apply notwithstanding the
provisions of section 576.
329 Endangering safety of persons
travelling by railway Any person who by any unlawful act, or
by any omission to do any act which it is the person’s duty to
do, causes the safety of any person travelling by any
railway to be endangered, is guilty of a
misdemeanour, and is liable to imprisonment for 2
years. 330
Sending or taking unseaworthy ships to
sea (1) Any person who— Page 204
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 29 Offences endangering life or
health [s 333] (a)
sends or
attempts to
send a
ship to
sea in such
an unseaworthy state that the life of any
person is likely to be thereby endangered; or
Editor’s note —
Subsection (1)(a) as originally enacted was
numbered as (1) and subsection (1)(b) was numbered as
(2). (b) being a
master of
a British ship,
knowingly takes
or attempts to take the ship to sea in
such an unseaworthy state that the life of any person is likely
to be thereby endangered; is guilty of a
crime, and is liable to imprisonment for 14 years.
(2) It is a defence to a charge of any of
the offences defined in this section
to prove that
the going of
the ship to
sea in such
unseaworthy state
was, under
the circumstances, reasonable and
justifiable. (3) It is
a defence to
a charge of
either of
the offences firstly
defined in this section to show that the
accused person used all reasonable means
to ensure the
ship being
sent to
sea in a
seaworthy state. 333
Evading laws as to equipment of ships
Any
person who, being a person having actual control over a
vessel on board of which any article has
been placed with the person’s knowledge
or consent in
order to
the obtaining of
permission or authority to leave a port,
removes or allows the removal of such article from the
vessel after such permission or authority has
been obtained is guilty of a misdemeanour, and is liable to
imprisonment for 3 years. 334 Landing
explosives Any person who— (a)
being charged
by law with
any duty respecting the
landing or delivery of any explosive
substance or of any Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 30 Assaults [s 335]
acid
or other thing of a dangerous or destructive nature,
from
any vessel, fails to perform that duty; or (b)
being concerned in the landing of any such
substance or thing from any vessel, violates the
provisions of the laws relating to such landing;
is
guilty of a misdemeanour, and is liable to imprisonment for
3
years. Chapter 30 Assaults
335 Common assault Any
person who
unlawfully assaults
another is
guilty of
a misdemeanour, and
is liable, if
no greater punishment is
provided, to imprisonment for 3
years. 338A Assaults of member of crew on
aircraft Any person who
while on
board an
aircraft unlawfully assaults a
member of the crew of the aircraft or threatens such
a
member with any violence or detriment of any kind to be
caused to the member or any other person on
the aircraft by the offender or
by any other
person with
the intention of
affecting the
performance by
the member of
the member’s functions
or duties in
connection with
the operation of
the aircraft or with the intention of
lessening the member’s ability to perform those
functions or duties is guilty of a crime and is liable to
imprisonment for 14 years. 339 Assaults
occasioning bodily harm (1) Any person who
unlawfully assaults another and thereby does the other person
bodily harm is guilty of a crime, and is liable to imprisonment
for 7 years. Page 206 Current as at 27
November 2013
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Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 30 Assaults [s 340]
(3) If the
offender does
bodily harm,
and is or
pretends to
be armed with any dangerous or offensive
weapon or instrument or is in company with 1 or more other
person or persons, the offender is liable to imprisonment for
10 years. 340 Serious assaults (1)
Any
person who— (a) assaults another with intent to commit
a crime, or with intent to resist or prevent the lawful
arrest or detention of himself or herself or of any other
person; or (b) assaults, resists,
or wilfully obstructs, a
police officer
while acting in the execution of the
officer’s duty, or any person acting in aid of a police
officer while so acting; or (c)
unlawfully assaults
any person while
the person is
performing a duty imposed on the person by
law; or (d) assaults any person because the person
has performed a duty imposed on the person by law; or
(f) assaults any
person in
pursuance of
any unlawful conspiracy
respecting any manufacture, trade, business, or
occupation, or
respecting any
person or
persons concerned
or employed in
any manufacture, trade,
business, or occupation, or the wages of any
such person or persons; or (g)
unlawfully assaults any person who is 60
years or more; or (h) unlawfully assaults
any person who
relies on
a guide, hearing or
assistance dog, wheelchair or other remedial device;
is
guilty of a crime. Maximum penalty— (a)
for subsection (1)(b),
if the offender
assaults a
police officer in any
of the following circumstances— Current as at 27
November 2013 Page 207
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 30 Assaults [s 340]
(i) the offender bites or spits on the
police officer or throws at,
or in any
way applies to,
the police officer a bodily
fluid or faeces; (ii) the
offender causes
bodily harm
to the police
officer; (iii)
the offender is,
or pretends to
be, armed with
a dangerous or offensive weapon or
instrument—14 years imprisonment; or (b)
otherwise—7 years imprisonment.
Examples of remedial device for paragraph
(h) — walking frame, caliper, walking stick
and artificial limb (1A) If the offender
is a participant in a criminal organisation and assaults a
police officer in any of the circumstances mentioned
in
paragraph (a) of the maximum penalty for subsection (1),
the
offender must be imprisoned for a minimum of 1 year with
the imprisonment served
wholly in
a corrective services
facility. (1B)
It
is a defence to the circumstance of aggravation mentioned
in
subsection (1A) to prove that the criminal organisation is
not
an organisation that has, as 1 of its purposes, the purpose
of
engaging in, or conspiring to engage in, criminal activity.
(2) A prisoner
who unlawfully assaults
a working corrective services
officer is
guilty of
a crime, and
is liable to
imprisonment for 7 years.
(2AA) A person
who— (a) unlawfully assaults,
or resists or
wilfully obstructs, a
public officer while the officer is
performing a function of the officer’s office; or
Example —
A person unlawfully
assaults an
authorised officer
under the
Child
Protection Act 1999 while the officer is investigating an
allegation of harm to a child under that
Act. Page 208 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 5
Offences against the person and relating to marriage and parental
rights and duties Chapter 30 Assaults [s 346]
(b) assaults a
public officer
because the
officer has
performed a function of the officer’s
office; commits a crime. Maximum
penalty—7 years imprisonment. (3)
In
this section— corrective services
facility see
the Corrective Services
Act 2006 , schedule
4. corrective services
officer see
the Corrective Services
Act 2006 , schedule
4. office includes
appointment and employment. participant , in a criminal
organisation, see section 60A. prisoner
see
the Corrective Services Act 2006
,
schedule 4. public officer includes—
(a) a member, officer or employee of a
service established for a public purpose under an Act;
and Example of a service —
Queensland Ambulance
Service established under
the Ambulance Service Act 1991
(b) a health
service employee
under the
Hospital and
Health Boards Act 2011 ; and
(c) an authorised officer
under the
Child Protection Act
1999 ; and
(d) a transit
officer under
the Transport Operations (Passenger
Transport) Act 1994 . working corrective services
officer means
a corrective services officer
present at a corrective services facility in his
or
her capacity as a corrective services officer. 346
Assaults in interference with freedom of
trade or work Any person who
assaults another
with intent
to hinder or
prevent the
other person
from working
at or exercising the
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Offences against the person and relating to marriage and parental
rights and duties Chapter 32 Rape and sexual assaults
[s
347] other person’s lawful trade, business, or
occupation, or from buying, selling,
or otherwise dealing,
with any
property intended for
sale, commits a crime. Maximum penalty—5 years
imprisonment. Chapter 32 Rape and sexual
assaults 347 Definitions for ch 32
In
this chapter— consent see section
348. penetrate does
not include penetrate
for a proper
medical, hygienic or law
enforcement purpose only. 348 Meaning of
consent (1)
In
this chapter, consent means consent
freely and voluntarily given by
a person with
the cognitive capacity
to give the
consent. (2)
Without limiting subsection (1), a person’s
consent to an act is not freely and voluntarily given if it
is obtained— (a) by force; or (b)
by
threat or intimidation; or (c) by fear of
bodily harm; or (d) by exercise of authority; or
(e) by false and fraudulent
representations about the nature or purpose of
the act; or (f) by a mistaken belief induced by the
accused person that the accused person was the person’s sexual
partner. Page 210 Current as at 27
November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 32 Rape and sexual assaults
[s
349] 349 Rape (1)
Any
person who rapes another person is guilty of a crime.
Maximum penalty—life imprisonment.
(2) A person rapes another person
if— (a) the person
has carnal knowledge
with or
of the other
person without the other person’s consent;
or (b) the person
penetrates the
vulva, vagina
or anus of
the other person to any extent with a
thing or a part of the person’s body
that is
not a penis
without the
other person’s
consent; or (c) the person penetrates the mouth of the
other person to any extent with
the person’s penis
without the
other person’s
consent. (3) For this section, a child under the
age of 12 years is incapable of giving
consent. 350 Attempt to commit rape
Any person who
attempts to
commit the
crime of
rape is
guilty of a crime, and is liable to
imprisonment for 14 years. 351 Assault with
intent to commit rape Any person who assaults another with
intent to commit rape is guilty of a crime, and is liable to
imprisonment for 14 years. 352 Sexual
assaults (1) Any person who— (a)
unlawfully and indecently assaults another
person; or (b) procures another person, without the
person’s consent— (i) to commit an act of gross indecency;
or Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33 Offences against liberty
[s
354] (ii) to witness an
act of gross indecency by the person or any other
person; is guilty of a crime. Maximum
penalty—10 years imprisonment. (2)
However, the offender is liable to a maximum
penalty of 14 years imprisonment for
an offence defined
in subsection (1)(a)
or (1)(b)(i) if
the indecent assault
or act of
gross indecency
includes bringing
into contact
any part of
the genitalia or the anus of a person with
any part of the mouth of a person. (3)
Further, the offender is liable to a maximum
penalty of life imprisonment if— (a)
immediately before,
during, or
immediately after,
the offence, the offender is, or pretends
to be, armed with a dangerous or offensive weapon, or is in
company with any other person; or (b)
for
an offence defined in subsection (1)(a), the indecent
assault includes the person who is assaulted
penetrating the offender’s vagina, vulva or anus to any
extent with a thing or a part of the person’s body that is
not a penis; or (c) for an offence defined in subsection
(1)(b)(i), the act of gross indecency includes the person
who is procured by the offender penetrating the vagina, vulva
or anus of the person who is procured or another person to
any extent with a thing or a part of the body of the
person who is procured that is not a penis.
Chapter 33 Offences against
liberty 354 Kidnapping (1)
Any
person who kidnaps another person is guilty of a crime.
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33 Offences against liberty
[s
354A] Maximum penalty—7 years imprisonment.
(2) A person kidnaps another person if the
person unlawfully and forcibly takes or detains the other
person with intent to gain anything from any person or to procure
anything to be done or omitted to be done by any
person. 354A Kidnapping for ransom
(1) Any person who— (a)
with intent
to extort or gain anything
from or procure anything to be done or omitted to be done by
any person by a demand containing threats of detriment
of any kind to be caused to any person, either by the
offender or any other person, if the demand is not complied
with, takes or entices away,
or detains, the
person in
respect of
whom
the threats are made; or (b) receives or
harbours the said person in respect of whom the threats are
made, knowing such person to have been so taken or
enticed away, or detained; is guilty of a crime which is
called kidnapping for ransom .
(2) Any person who commits the crime of
kidnapping for ransom is liable to imprisonment for 14
years. (3) If the person kidnapped has been
unconditionally set at liberty without
such person
having suffered
any grievous bodily
harm, the offender is liable to imprisonment
for 10 years. (4) Any person who attempts to commit the
crime of kidnapping for ransom is guilty of a crime and is
liable to imprisonment for 7 years. 355
Deprivation of liberty Any person who
unlawfully confines or detains another in any place against
the other person’s will, or otherwise unlawfully
deprives another
of the other
person’s personal
liberty, is
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33 Offences against liberty
[s
356] guilty of a misdemeanour, and is liable to
imprisonment for 3 years. 356
False
certificates by officers charged with duties relating
to
liberty Any person who— (a)
being required
by law to
give any
certificate touching
any
matter by virtue whereof the liberty of any person
may be affected,
gives a
certificate which,
in any material
particular, is to the person’s knowledge false; or
(b) not being
a person authorised by
law to give
such a
certificate as
aforesaid, gives
such a
certificate, and
represents himself or herself to be a person
authorised to give the same; is guilty of a
misdemeanour, and is liable to imprisonment for 3 years.
357 Concealment of matters affecting
liberty Any person who— (a)
being required by law to keep any record
touching any matter relating to any person in
confinement, refuses or neglects to keep such record, or makes
in such record an entry which, in any material particular, is
to the person’s knowledge false; or (b)
being required
by law to
give any
information to
any person touching any person in
confinement, or to show to any person any person in
confinement, or any place in which a person
is confined— (i) refuses or neglects to give such
information, or to show such person or place, to any person to
whom the person is so required to give the
information or show the person or place; or
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33 Offences against liberty
[s
358] (ii) gives
to any person
to whom the
person is
so required to give it, information
touching any such matter which, in any material particular, is
to the person’s knowledge false;
is
guilty of a misdemeanour, and is liable to imprisonment for
3
years. 358 Unlawful custody of particular
persons Any person who
detains or
assumes the
custody of
an involuntary patient
under the
Mental Health
Act 2000 or
a forensic disability client
under the
Forensic Disability Act
2011 contrary to the
provisions of the laws relating to such persons
is guilty of
a misdemeanour, and
is liable to
imprisonment for 2 years.
359 Threats (1)
A
person (the first person ) who threatens
to cause a detriment to a second person with intent to
prevent or hinder any person (the
other person ) other than the
first person from doing any act which the
other person is lawfully entitled to do, or with
intent to compel the other person to do any
act which the other person is
lawfully entitled
to abstain from
doing, or
with intent to cause
public alarm or anxiety, commits a crime. Maximum
penalty—5 years imprisonment. (2)
The offender is
liable to
a maximum penalty
of 10 years
imprisonment if
the threat is
made to
a law enforcement officer, or a
person helping a law enforcement officer, when or
because the officer is investigating the
activities of a criminal organisation. Current as at 27
November 2013 Page 215
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33A Unlawful stalking
[s
359A] Chapter 33A Unlawful
stalking 359A Definitions for ch 33A
In
this chapter— circumstances means the
following circumstances— (a) the alleged
stalker’s circumstances; (b) the
circumstances of the stalked person known, foreseen
or
reasonably foreseeable by the alleged stalker; (c)
the
circumstances surrounding the unlawful stalking;
(d) any other relevant
circumstances. detriment includes the
following— (a) apprehension or fear of violence to,
or against property of, the stalked person or another
person; (b) serious mental, psychological or
emotional harm; (c) prevention or hindrance from doing an
act a person is lawfully entitled to do; (d)
compulsion to do an act a person is lawfully
entitled to abstain from doing. Examples of
paragraph (c) — A person no longer walks outside the
person’s place of residence or employment. A person
significantly changes the route or form of transport the
person would ordinarily use to travel to
work or other places. Example of paragraph (d)
— A person sells a property the person
would not otherwise sell. property , of a person,
means— (a) property in which the person has an
interest, whether or not the defendant also has an interest
in the property; or Page 216 Current as at 27
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33A Unlawful stalking
[s
359B] Note — Under the
Acts
Interpretation Act 1954 , schedule 1— interest
, in
relation to land or other property, means— (a)
a
legal or equitable estate in the land or other property; or
(b) a right, power or privilege over, or
in relation to, the land or other property. (b)
property that is otherwise—
(i) used and enjoyed by the person;
or (ii) available for
the person’s use or enjoyment; or (iii)
in
the person’s care or custody; or (iv)
at
the premises at which the person is residing. stalked
person see section 359B. unlawful
stalking see section 359B. violence
— (a) does not include
any force or impact within the limits of what is
acceptable as incidental to social interaction or
to
life in the community; and (b) against a person
includes an act depriving a person of liberty;
and (c) against property
includes an
act of damaging,
destroying, removing,
using or
interfering with
the property. 359B
What
is unlawful stalking Unlawful stalking is
conduct— (a) intentionally directed at a person
(the stalked person );
and (b) engaged in on
any 1 occasion if the conduct is protracted or on more than
1 occasion; and Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33A Unlawful stalking
[s
359C] (c) consisting of
1 or more
acts of
the following, or
a similar, type— (i)
following, loitering near, watching or
approaching a person; (ii)
contacting a
person in
any way, including, for
example, by telephone, mail, fax, email or
through the use of any technology;
(iii) loitering near,
watching, approaching or entering a place where a
person lives, works or visits; (iv)
leaving offensive
material where it will be found
by,
given to or brought to the attention of, a person;
(v) giving offensive
material to
a person, directly
or indirectly; (vi)
an intimidating, harassing
or threatening act
against a person, whether or not involving
violence or a threat of violence; (vii) an act of
violence, or a threat of violence, against, or
against property
of, anyone, including
the defendant; and (d)
that— (i)
would cause
the stalked person
apprehension or
fear, reasonably arising in all the
circumstances, of violence to,
or against property
of, the stalked
person or another person; or
(ii) causes
detriment, reasonably arising
in all the
circumstances, to
the stalked person
or another person.
359C What is immaterial for unlawful
stalking (1) For section 359B(a), it is immaterial
whether the person doing the unlawful stalking—
(a) intends that the stalked person be
aware the conduct is directed at the stalked person;
or Page 218 Current as at 27
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33A Unlawful stalking
[s
359D] (b) has a mistaken belief about the
identity of the person at whom the conduct is intentionally
directed. (2) For section
359B(a) and
(c), it
is immaterial whether
the conduct directed
at the stalked
person consists
of conduct carried out in
relation to another person or property of another
person. (3)
For section 359B(b),
it is immaterial whether
the conduct throughout the
occasion on which the conduct is protracted, or the conduct on
each of a number of occasions, consists of the same or
different acts. (4) For section 359B(d), it is immaterial
whether the person doing the unlawful stalking intended to
cause the apprehension or fear, or the detriment, mentioned in
the section. (5) For section
359B(d)(i), it
is immaterial whether
the apprehension or fear, or the violence,
mentioned in the section is actually caused.
359D Particular conduct that is not
unlawful stalking Unlawful stalking does not include
the following acts— (a) acts done in the execution of a law or
administration of an Act or for a purpose authorised by an
Act; (b) acts done
for the purposes
of a genuine
industrial dispute;
(c) acts done for the purposes of a
genuine political or other genuine public dispute or issue
carried on in the public interest; (d)
reasonable conduct
engaged in
by a person
for the person’s lawful
trade, business or occupation; (e)
reasonable conduct engaged in by a person to
obtain or give information that the person has a
legitimate interest in obtaining or giving. Current as at 27
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33A Unlawful stalking
[s
359E] 359E Punishment of unlawful stalking
(1) A person who unlawfully stalks another
person is guilty of a crime. (2)
A
person who commits the crime of unlawful stalking is liable
to a
maximum penalty of imprisonment for 5 years. (3)
However, a
person is
liable to
a maximum penalty
of imprisonment for 7 years if, for any
of the acts constituting the unlawful stalking, the
person— (a) uses or
intentionally threatens
to use, violence against
anyone or anyone’s property; or
(b) possesses a weapon within the meaning
of the Weapons Act 1990
;
or (c) contravenes or intentionally threatens
to contravene an injunction or
order imposed
or made by
a court or
tribunal under a law of the Commonwealth or
a State. (4) Also, a
person is
liable to
a maximum penalty
of imprisonment for 10 years if any of
the acts constituting the unlawful stalking
are done when
or because the
officer is
investigating the activities of a criminal
organisation. 359F Court may restrain unlawful
stalking (1) This section applies on the hearing
before a court of a charge against a person of unlawful
stalking. (2) Whether the
person is
found guilty
or not guilty
or the prosecution ends
in another way,
if the presiding
judge or
magistrate considers it desirable, the judge
or magistrate may constitute the
court to
consider whether
a restraining order
should be made against the person.
(3) The judge
or magistrate may
act under subsection (2)
on application by
the Crown or
an interested person
or on the
judge’s or magistrate’s own
initiative. Page 220 Current as at 27
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Offences against the person and relating to marriage and parental
rights and duties Chapter 33A Unlawful stalking
[s
359F] (4) Also, if the restraining order
proceeding is started before the Supreme Court or
the District Court, the court may order the proceeding to be
transferred to a Magistrates Court. (5)
If a
court makes an order under subsection (4), the registrar of
the
court must send to the clerk of the relevant Magistrates
Court a copy of the order and the record of
proceedings of the hearing of
the charge and
any application mentioned
in subsection (3). (6)
The
court hearing the restraining order proceeding may make
a
restraining order against the person in relation to any
person or any property
if it considers
it desirable to
do so having
regard to the evidence given at the hearing
of the charge and any application under subsection (3) and any
further evidence the court may admit. (7)
A
restraining order may be varied or revoked at any time by
the
court, and, if the order provides, by another court.
(8) A person
who knowingly contravenes a
restraining order
commits an offence. Maximum
penalty—40 penalty
units or
1 year’s imprisonment. (9)
A
restraining order may be made against a person whether or
not
another order is made against the person in the proceeding
for
the charge. (10) A restraining
order proceeding is not a criminal proceeding. (11)
A
question of fact for a decision under subsection (2) and in
a restraining order proceeding must be decided
on the balance of probabilities. (12)
In
this section— charge means the charge
of unlawful stalking mentioned in subsection
(1). restraining order
against a
person means
any order considered appropriate for
the purpose of
prohibiting particular
conduct, including, for example, contact for a stated
Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 34 Offences relating to marriage and
parental rights and duties [s 360] period by the
person with a stated person or the property of a
stated person. restraining order
proceeding means
a proceeding started
under subsection (2). Chapter 34
Offences relating to marriage
and
parental rights and duties 360 Bigamy
(1) Any person who— (a)
being married, goes through the form of
marriage with any other person
during the
life of
his or her
wife or
husband; or (b)
goes through
the form of
marriage with
any person whom he or she
knows to be married; is guilty of a crime, and is liable to
imprisonment for 7 years. (2) It is a defence
to a charge of either of the offences defined in
this
section to prove that at the time of committing the alleged
offence the wife or husband of the person
already married had been continually absent
from him
or her for
the space of
7 years then last past, unless it is
shown that the accused person knew that such
wife or husband was living within that time. 361
Unlawful celebration of marriage
Any
person who— (a) celebrates, or
attempts or
professes to
celebrate, the
marriage of any person who, to the person’s
knowledge, is under the age of 18 years, and is not a
widower or widow, without
the written consent
of some person
authorised by law to give such consent, or
with a written Page 222 Current as at 27
November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 34 Offences relating to marriage and
parental rights and duties [s 362] consent which,
to the person’s knowledge, is not given by a person
authorised by law to give it; or (b)
celebrates, or
attempts or
professes to
celebrate, any
marriage contrary to the provisions of the
laws relating to the solemnisation of marriage; or
(c) celebrates, or
attempts or
professes to
celebrate, any
marriage in
any case in
which any
provision of
those laws has not
been complied with, knowing that it has not been complied
with; or (d) induces, or attempts to induce, any
person to celebrate the marriage of any person who is to the
knowledge of the offender under
the age of
18 years, and
is not a
widower or
widow, without
the consent mentioned
in paragraph (a), or with a consent
which, to the person’s knowledge, is not given by a person
authorised by law to give it,
or to celebrate
any marriage contrary
to or without
compliance with
the laws relating
to the solemnisation of
marriage; or (e) marries a person who is, to his or her
knowledge, under the age of
18 years, and
is not a
widow or
widower, without the
consent mentioned in paragraph (a), or with a consent which,
to his or her knowledge, is not given by a person
authorised by law to give it; is guilty of a
misdemeanour, and is liable to imprisonment for 3 years.
362 Unqualified persons procuring
registration as persons qualified to celebrate
marriages Any person who, not being a person entitled
to be registered under the laws relating to the solemnisation
of marriage as a person authorised to
celebrate marriages, and
knowing that
the
person is not such a person, procures the person’s name to
be registered as
a person so
entitled, is
guilty of
a misdemeanour, and is liable to
imprisonment for 2 years, and to a fine of
$400. Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 34 Offences relating to marriage and
parental rights and duties [s 363] 363
Child-stealing (1)
Any
person who, with intent to deprive any parent, guardian,
or
other person who has the lawful care or charge, of a child
under the age of 16 years, of the possession
of such child, or with intent to steal any article upon or
about the person of any such child— (a)
forcibly or
fraudulently takes
or entices away,
or detains, the child; or
(b) receives or harbours the child,
knowing it to have been so taken or enticed away or
detained; is guilty of a crime, and is liable to
imprisonment for 7 years. (2) It is a defence
to a charge of any of the offences defined in this
section to prove that the accused person
claimed in good faith a right to the possession of the
child, or, in the case of a child whose parents
were not married to each other at the time of its
conception and have not since married each
other, not being a child who
has been adopted
as aforesaid, is
its mother or
claimed in good faith to be its
father. (3) In this section— corresponding
parentage order means an order under a law
of
another State that provides for a parentage order similar to
a
parentage order under the Surrogacy Act 2010 .
parent includes—
(a) for a child who has been legally
adopted in Queensland or in another State—a person who has
adopted the child; or (b) for a child
whose parentage has been transferred by a parentage
order under
the Surrogacy Act
2010 or
a corresponding parentage
order—a person
who is a
parent of the child under the order;
but
does not include a natural parent of the child. Page 224
Current as at 27 November 2013
Schedule 1 The Criminal Code
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Offences against the person and relating to marriage and parental
rights and duties Chapter 34 Offences relating to marriage and
parental rights and duties [s 363A] 363A
Abduction of child under 16
(1) Any person who unlawfully takes an
unmarried child under the age
of 16 years
out of the
custody or
protection of
the child’s father
or mother, or
other person
having the
lawful care or charge
of the child, and against the will of the father,
mother or other person, is guilty of a
crime, and is liable to imprisonment for 7 years.
(2) It is immaterial that the offender
believed the child to be of or above the age of
16 years. (3) It is immaterial that the child was
taken with the consent of or at the
suggestion of the child. 364 Cruelty to
children under 16 (1) A person
who, having
the lawful care
or charge of
a child under
16 years, causes
harm to
the child by
any prescribed conduct
that the
person knew
or ought reasonably to
have known would be
likely to cause harm to the child commits a crime.
Maximum penalty—7 years imprisonment.
(2) In this section— harm
, to
a child, means any detrimental effect of a significant
nature on
the child’s physical,
psychological or
emotional wellbeing,
whether temporary or permanent. prescribed
conduct means— (a)
failing to provide the child with adequate
food, clothing, medical treatment, accommodation or
care when
it is available to the
person from his or her own resources; or (b)
failing to take all lawful steps to obtain
adequate food, clothing, medical
treatment, accommodation or
care when
it is not
available to
the person from
his or her
own
resources; or (c) deserting the child; or
(d) leaving the child without means of
support. Current as at 27 November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 35 Criminal defamation
[s
364A] 364A Leaving a child under 12
unattended (1) A person
who, having
the lawful care
or charge of
a child under
12 years, leaves
the child for
an unreasonable time
without making reasonable provision for the
supervision and care of the child during that time commits a
misdemeanour. Maximum penalty—3 years imprisonment.
(2) Whether the time is unreasonable
depends on all the relevant circumstances. Chapter 35
Criminal defamation 365
Criminal defamation (1)
Any person who,
without lawful
excuse, publishes
matter defamatory of
another living person (the relevant person )—
(a) knowing the matter to be false or
without having regard to whether the matter is true or
false; and (b) intending to cause serious harm to the
relevant person or any other person
or without having
regard to
whether serious harm to
the relevant person or any other person is
caused; commits a misdemeanour. Maximum
penalty—3 years imprisonment. (2)
In a proceeding for
an offence defined
in this section,
the accused person
has a lawful
excuse for
the publication of
defamatory matter about the relevant person
if, and only if, subsection (3) applies. (3)
This
subsection applies if the accused person would, having
regard only to the circumstances happening
before or at the time of the publication, have had a relevant
defence for the publication if
the relevant person
had brought civil
proceedings for defamation against the
accused person. Page 226 Current as at 27
November 2013
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Offences against the person and relating to marriage and parental
rights and duties Chapter 35 Criminal defamation
[s
365] (4) The prosecution has the burden of
negativing the existence of a
lawful excuse
if, and only
if, evidence directed
to establishing the excuse is first
adduced by or on behalf of the accused
person. (5) Whether the
matter complained of
is capable of
bearing a
defamatory meaning is a question of
law. (6) Whether the
matter complained of
does bear
a defamatory meaning is a
question of fact. (7) A person can not be prosecuted for an
offence defined in this section without
the consent of
the director of
public prosecutions. (8)
In
this section— defamatory has the meaning
that it has in the law of tort (as modified by
the Defamation Act 2005 ) relating to
defamation. modified statutory defence of
justification means the defence stated in
the Defamation Act 2005 , section 25 as
if that section provided that it is a defence to the
publication of defamatory matter if the defendant proves
that— (a) the defamatory imputations carried
by the matter
of which the
relevant person
complains are
substantially true; and
(b) it was for the public benefit that the
publication should be made. publish
has the meaning
that it
has in the
law of tort
(as modified by the Defamation Act
2005 ) relating to defamation.
relevant defence means—
(a) a defence
available under
the Defamation Act
2005 other
than— (i) the statutory defence of
justification; or (ii) the
statutory defence
of failure to
accept reasonable
offer; or (b) the modified statutory defence of
justification; or Current as at 27 November 2013
Page
227
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 390] (c)
a
defence available other than under the Defamation
Act 2005 , including
under the general law. statutory defence of failure to accept
reasonable offer means the defence
stated in the Defamation Act 2005 , section
18(1). statutory defence of justification
means the defence stated in
the Defamation Act 2005
,
section 25. Part 6 Offences relating
to property and contracts Division 1
Stealing and like offences
Chapter 36 Stealing
390 Things capable of being stolen
Anything that is the property of any person
is capable of being stolen if it is— (a)
moveable; or (b)
capable of
being made
moveable, even
if it is
made moveable in
order to steal it. 391 Definition of stealing
(1) A person
who fraudulently takes
anything capable
of being stolen, or
fraudulently converts to the person’s own use or to
the
use of any other person anything capable of being stolen,
is
said to steal that thing. Page 228 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 391] (2)
A person who
takes or
converts anything
capable of
being stolen is deemed
to do so fraudulently if the person does so with any of the
following intents, that is to say— (a)
an
intent to permanently deprive the owner of the thing
of
it; (b) an intent
to permanently deprive
any person who
has any special property in the thing of
such property; (c) an intent to use the thing as a pledge
or security; (d) an intent to part with it on a
condition as to its return which the person taking or converting
it may be unable to perform; (e)
an
intent to deal with it in such a manner that it can not
be
returned in the condition in which it was at the time
of
the taking or conversion; (f) in the case of
money—an intent to use it at the will of the person who
takes or converts it, although the person may intend to
afterwards repay the amount to the owner. (2AA)
In
this section— special property includes any
charge or lien upon the thing in question,
and any right
arising from
or dependent upon
holding possession of the thing in
question, whether
by the person entitled
to such right or by some other person for the other person’s
benefit. (2A) A
person who
has taken possession of
anything capable
of being stolen in such circumstances
that the thing thereupon is not identifiable
is deemed to have taken or converted the thing fraudulently
notwithstanding that the property in the thing has
passed to the person if, at the time the
person transports the thing away,
the person has
not discharged or
made arrangements
with the owner or previous owner of the thing for
discharging the
person’s indebtedness in
respect of
the thing. (2B)
The presumption provided
for by subsection (2A)
is rebuttable. Current as at 27
November 2013 Page 229
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 392] (3)
The taking or
conversion may
be fraudulent, although
it is effected without
secrecy or attempt at concealment. (4)
In
the case of conversion, it is immaterial whether the thing
converted is taken for the purpose of
conversion, or whether it is at the time of the conversion in
the possession of the person who converts
it. (4A) It is also
immaterial that the person who converts the property
is
the holder of a power of attorney for the disposition of it,
or is otherwise authorised to dispose of the
property. (5) When a thing converted has been lost
by the owner and found by the person who converts it, the
conversion is not deemed to be fraudulent if
at the time of the conversion the person taking or converting
the thing does not know who is the owner, and believes,
on reasonable grounds,
that the
owner can
not be discovered. (6)
The
act of stealing is not complete until the person taking or
converting the thing actually moves it or
otherwise actually deals with it by some physical act.
(7) In this section— owner
includes the
owner, any
part owner,
or any person
having possession or control of, or a
special property in, the thing in question. 392
Special cases (1)
When
a wild animal in the enjoyment of its natural liberty has
been
killed by any person, the taking of the dead body of the
animal by
that person,
or by any
person acting
under the
person’s orders,
before it
has been reduced
into actual
possession by the owner of the land on which
the animal was killed or on which it died, is not deemed to
be stealing. (2) When a factor or agent pledges or
gives a lien on any goods or document of
title to goods entrusted to the factor or agent for
the
purpose of sale or otherwise for any sum of money not
greater than the amount due to the factor or
agent from his or Page 230 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 393] her
principal at
the time of
pledging or
giving the
lien, together
with the
amount of
any bill of
exchange or
promissory note accepted or made by the
factor or agent for or on account of his or her principal,
such dealing with the goods or document of
title is not deemed to be stealing. 393
Funds
etc. held under direction (1) When a person
receives, either alone or jointly with another person,
any money or
valuable security,
or a power
of attorney for the sale, mortgage,
pledge, or other disposition, of any property,
whether capable of being stolen or not, with a direction in
either case that such money or any part thereof, or
any other money
received in
exchange for
it, or any
part thereof, or the
proceeds or any part of the proceeds of such security,
or of such
mortgage, pledge,
or other disposition, shall be applied
to any purpose or paid to any person specified in the
direction, such money and proceeds are deemed to be
the
property of the person from whom the money, security, or
power of attorney, was received until the
direction has been complied with. (2)
However, if
the person receiving
the money, security
or power of
attorney, and
the person from
whom the
person receives it
ordinarily deal with each other on such terms that
in
the absence of any special direction all money paid to the
former on account of the latter would be
properly treated as an item in
a debtor and
creditor account
between them,
the former can
not be charged
with stealing
the money or
any such proceeds unless the direction is
in writing. 394 Funds etc. received by agents for
sale When a person receives, either alone or
jointly with another person, any
property from
another on
terms authorising or
requiring the person to sell it or otherwise
dispose of it, and requiring the person to pay or account for
the proceeds of the property, or any part of such proceeds, or
to deliver anything received in
exchange for
the property, to
the person from
Current as at 27 November 2013
Page
231
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 395] whom it is
received, or some other person, then the proceeds
of
the property, and anything so received in exchange for it,
are
deemed to be the property of the person from whom the
property was so received, until they have
been disposed of in accordance with
the terms on
which the
property was
received, unless it is a part of those terms
that the proceeds (if any) shall
form an
item in
a debtor and
creditor account
between the person and the person to whom
the person is to pay them or account for them, and that the
relation of debtor and creditor only shall exist between them
in respect thereof. 395 Money received for another
When
a person receives, either alone or jointly with another
person, any money on behalf of another, the
money is deemed to be the property of the person on whose
behalf it is received, unless the money is received on the
terms that it shall form an item in a debtor
and creditor account, and that the relation of debtor
and creditor only
shall exist
between the
parties in
respect of it. 396
Stealing by persons having an interest in
the thing stolen When any person takes or converts anything
capable of being stolen, under such circumstances as would
otherwise amount to stealing, it
is immaterial that
the person has
a special property or
interest therein, or that the person is the owner of
the
thing taken or converted subject to some special property
or
interest of some other person therein; or that the person is
lessee of the thing, or that the person is 1
of 2 or more joint owners of the thing; or that the person is a
director or officer of a corporation or company or society who
are the owners of it. Page 232 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 398] 398
Punishment of stealing Any
person who
steals anything
capable of
being stolen
is guilty of
a crime, and
is liable, if
no other punishment is
provided, to imprisonment for 5
years. Punishment in special cases
1 Stealing wills If the thing
stolen is a testamentary instrument, whether the
testator is
living or
dead, the
offender is
liable to
14 years imprisonment. 2
Stealing stock (1)
If
the thing stolen is 1 or more animals and the offender is
sentenced to pay a fine, the fine must be at
least the following amount for each animal— (a)
if the animal’s
value is
determined under
a regulation under section
450F—that value or $1000, whichever is higher;
(b) otherwise—$1000. (2)
Subclause (1) applies whether the person is
sentenced to pay the fine in addition to, or instead of,
imprisonment. (3) Subclause (1)
applies whether
the person is
liable to
imprisonment for 5 years or a longer period
under this section. (4) In this clause— animal
means an animal that is stock.
4 Stealing from the person—stealing
goods in transit etc. If the
offence is
committed under
any of the
circumstances following, that
is to say— (a) if the thing is stolen from the person
of another; Current as at 27 November 2013
Page
233
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 398] (b)
if
the thing is stolen in a dwelling, and its value exceeds
$1000, or the offender at or immediately
before or after the time of stealing uses or threatens to
use violence to any person in the dwelling;
(c) if the thing is stolen from any kind
of vehicle or place of deposit used for the conveyance or
custody of goods in transit from 1 place to another;
(d) if the thing is stolen from a vehicle
which is in distress or wrecked or stranded;
(e) if the thing is stolen from a public
office in which it is deposited or kept; (f)
if the offender,
in order to
commit the
offence, opens
any
locked room, box, or other receptacle, by means of a
key
or other instrument; the offender is liable to imprisonment
for 10 years. 5 Stealing by persons in the public
service If the offender is a person employed in the
public service, and the thing stolen is the property of Her
Majesty, or came into the possession of
the offender by
virtue of
the offender’s employment, the
offender is
liable to
imprisonment for
10 years. 6
Stealing by clerks and servants
If
the offender is a clerk or servant, and the thing stolen is
the property of
the offender’s employer,
or came into
the possession of
the offender on
account of
the offender’s employer, the
offender is liable to imprisonment for 10 years.
7 Stealing by directors or officers of
companies If the offender
is a director
or officer of
a corporation or
company, and
the thing stolen
is the property
of the Page 234
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 398] corporation or
company, the
offender is
liable to
imprisonment for 10 years.
8 Stealing by agents etc.
If the thing
stolen is
any of the
things following, that
is to say—
(a) property which has been received by
the offender with a power of attorney for the disposition
thereof; (b) money received by the offender with a
direction that the same should be applied to any purpose or
paid to any person specified in the direction;
(c) the whole
or part of
the proceeds of
any valuable security which
has been received by the offender with a direction that
the proceeds thereof should be applied to any
purpose or
paid to
any person specified
in the direction; (d)
the whole or
part of
the proceeds arising
from any
disposition of any property which have been
received by the offender by virtue of a power of
attorney or other authority for the disposition of the
property received by the offender with a direction that
such proceeds should be applied
to any purpose
or paid to
any person specified in the
direction; the offender is liable to imprisonment for
10 years. 9 Stealing property valued at more than
$5000 If the thing
stolen is
property, including
an animal that
is stock, and its value is more than
$5000, the offender is liable to imprisonment
for 10 years. 10 Stealing by tenants or lodgers
If
the thing stolen is a fixture or chattel let to the offender
to be used by him or her with a house or
lodging, and its value Current as at 27 November 2013
Page
235
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 36
Stealing [s 398] exceeds $1000,
the offender is liable to imprisonment for 10 years.
11 Stealing after previous
conviction If the offender,
before committing the
offence, had
been convicted upon
indictment of any of the indictable offences defined
in this division,
or had been
twice previously summarily
convicted of
an offence punishable on
summary conviction under
this division,
whether each
of the convictions was
in respect of an offence of the same character or not, the
offender is liable to imprisonment for 10 years.
12 Stealing of a vehicle
If the thing
stolen is
a vehicle the
offender is
liable to
imprisonment for 14 years.
13 Stealing by looting
If— (a) the offence is
committed during a natural disaster, civil unrest or an
industrial dispute; or (b) the
thing stolen
is left unattended by
the death or
incapacity of the person in possession of
the property; the offender is liable to imprisonment for
10 years. 14 Stealing firearm for use in another
indictable offence If— (a) the thing stolen
is a firearm; and (b) the offender steals the firearm
intending that it be used by anyone to commit an indictable
offence; the offender is liable to imprisonment for
14 years. Page 236 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37
Offences analogous to stealing [s 399]
15 Stealing firearm or ammunition
If
the thing stolen is a firearm or ammunition, the offender is
liable to imprisonment for 10 years.
Chapter 37 Offences
analogous to stealing 399 Fraudulent
concealment of particular documents A person who,
with intent to defraud, conceals the whole or part of—
(a) a register or record kept by lawful
authority; or (b) a document recording title to
property; or (c) a testamentary instrument (whether the
testator is living or dead); commits a
crime. Maximum penalty— (a)
if the offence
is committed in
relation to
a document recording title
to property—3 years imprisonment; or (b)
otherwise—14 years imprisonment.
403 Severing with intent to steal
Any
person who makes anything moveable with intent to steal
it
is guilty of a crime, and is liable to the same punishment
as if the person had stolen the thing after it
became moveable. 406 Bringing stolen goods into
Queensland Any person who,
having at
any place not
in Queensland obtained any
property by any act which if it had been done in
Queensland would have constituted the crime
of stealing, and which is an offence under the laws in force
in the place where Current as at 27 November 2013
Page
237
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37 Offences
analogous to stealing [s 408A] it was done,
brings such property into Queensland, or has it in
the
person’s possession in Queensland, is guilty of a crime,
and is liable
to the same
punishment as
if the person
had stolen it in Queensland; but so that
the punishment does not exceed that which would be incurred
for the same act under the laws
in force in
the place where
the act by
which the
person obtained the property was
done. 408A Unlawful use or possession of motor
vehicles, aircraft or vessels (1)
A
person who— (a) unlawfully uses
any motor vehicle,
aircraft or
vessel without the
consent of the person in lawful possession thereof;
or (b) has in
the person’s possession any
motor vehicle,
aircraft or
vessel without
the consent of
the person in
lawful possession thereof
with intent
to deprive the
owner or person in lawful possession thereof
of the use and possession thereof
either temporarily or
permanently; is guilty of a
crime and is liable to imprisonment for 7 years.
(1A) If
the offender uses
or intends to
use the motor
vehicle, aircraft
or vessel for
the purpose of
facilitating the
commission of an indictable offence, the
offender is liable to imprisonment for 10 years.
(1B) If the
offender— (a) wilfully destroys,
damages, removes
or otherwise interferes with
the mechanism (or part thereof) or other part
of or equipment
attached to
the motor vehicle,
aircraft or vessel; or (b)
intends to
destroy, damage,
remove or
otherwise interfere with
the mechanism (or part thereof) or other part
of or equipment
attached to
the motor vehicle,
aircraft or vessel; Page 238
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37
Offences analogous to stealing [s 408C]
the
offender is liable to imprisonment for 12 years.
(1C) It is a defence
to a charge of an offence defined in subsections
(1)
to (1B) to prove that the accused person had the lawful
consent of the owner of the motor vehicle,
aircraft or vessel to its use or possession by the accused
person. (2) This section applies without prejudice
to any provision of any other Act relating to the unlawful use
or possession of motor vehicles, aircraft or vessels save
that an offender shall not be liable to be
convicted under both this section and such other
provision in respect of any one and the same
unlawful use or possession of any motor vehicle, aircraft or
vessel. (3) In this section— vessel
means every kind of vessel designed for use
on or in water, not propelled exclusively by
oars. 408C Fraud (1)
A
person who dishonestly— (a) applies
to his or
her own use
or to the
use of any
person— (i)
property belonging to another; or
(ii) property
belonging to the person, or which is in the person’s
possession, either
solely or
jointly with
another person,
subject to
a trust, direction
or condition or on account of any other
person; or (b) obtains property from any person;
or (c) induces any person to deliver property
to any person; or (d) gains a benefit or advantage,
pecuniary or otherwise, for any person;
or (e) causes a
detriment, pecuniary
or otherwise, to
any person; or (f)
induces any
person to
do any act
which the
person is
lawfully entitled to abstain from doing;
or Current as at 27 November 2013
Page
239
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37 Offences
analogous to stealing [s 408C] (g)
induces any person to abstain from doing any
act which that person is lawfully entitled to do;
or (h) makes off, knowing that payment on the
spot is required or expected for
any property lawfully
supplied or
returned or
for any service
lawfully provided,
without having paid and
with intent to avoid payment; commits the
crime of fraud. (2) An offender
guilty of
the crime of
fraud is
liable to
imprisonment for 5 years save in any of the
following cases when the offender is liable to imprisonment
for 12 years, that is to say— (a)
if
the offender is a director or member of the governing
body
of a corporation, and the victim is the corporation;
(b) if the offender is an employee of
another person, and the victim is the other person;
(c) if any
property in
relation to
which the
offence is
committed came
into the
possession or
control of
the offender subject to a trust, direction
or condition that it should be
applied to
any purpose or
be paid to
any person specified
in the terms
of trust, direction
or condition or
came into
the offender’s possession on
account of any other person;
(d) if the
property, or
the yield to
the offender from
the dishonesty, or
the detriment caused,
is of a
value of
$30000 or more. (3)
For
the purposes of this section— (a)
property , without
limiting the definition of property in section
1, includes credit,
service, any
benefit or
advantage, anything evidencing a right to
incur a debt or to recover or
receive a
benefit, and
releases of
obligations; and (b)
a
person’s act or omission in relation to property may be
dishonest even though— (i)
he
or she is willing to pay for the property; or Page 240
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37
Offences analogous to stealing [s 408D]
(ii) he or she
intends to afterwards restore the property or
to make restitution for
the property or
to afterwards fulfil his or her
obligations or to make good any detriment; or
(iii) an owner or
other person consents to doing any act or to making any
omission; or (iv) a mistake is
made by another person; and (c)
a
person’s act or omission in relation to property is not
taken to be dishonest, if when the person
does the act or makes the omission, he or she does not know
to whom the property belongs and believes on
reasonable grounds that the
owner can
not be discovered by
taking reasonable steps,
unless the
property came
into his
or her possession or
control as
trustee or
personal representative;
and (d) persons to
whom property
belongs include
the owner, any joint or
part owner or owner in common, any person having
a legal or
equitable interest
in or claim
to the property
and any person
who, immediately before
the offender’s application of the
property, had control of it; and
(e) obtain includes
to get, gain,
receive or
acquire in
any way; and (f)
if a
person obtains property from any person or induces
any person to
deliver property
to any person
it is immaterial in
either case whether the owner passes or intends to pass
ownership in the property or whether he or she intends
to pass ownership in the property to any person.
408D Obtaining or dealing with
identification information (1) A
person who
obtains or
deals with
another entity’s
identification information for the purpose
of committing, or facilitating the commission of, an
indictable offence commits a misdemeanour. Current as at 27
November 2013 Page 241
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37 Offences
analogous to stealing [s 408D] Maximum
penalty—3 years imprisonment. (1AA)
If the person
obtaining or
dealing with
the identification information supplies
it to a
participant in
a criminal organisation,
the person is liable to imprisonment for 7 years.
(1AB) For an offence
defined in subsection (1) alleged to have been committed with
the circumstance of aggravation mentioned in subsection (1AA),
it is a
defence to
the circumstance of
aggravation to prove that the criminal
organisation is not an organisation that
has, as
1 of its
purposes, the
purpose of
engaging in, or conspiring to engage in,
criminal activity. (1A) A
person who
possesses equipment
for the purpose
of committing, or
facilitating the
commission of,
an offence against
subsection (1), commits a misdemeanour. Maximum
penalty—3 years imprisonment. (2)
For
subsection (1), it is immaterial whether the other entity is
alive or dead, or exists or does not exist,
or consents or does not consent to the obtaining or
dealing. (3) When a
court is
sentencing a
person for
an offence against
subsection (1), the court may order that the
court’s certificate be issued to the other entity stating the
offence, the entity’s name and
anything else
the court considers
relevant for
the entity’s benefit. (4)
The order may
be made on
the court’s own
initiative or
on application by the entity or the
prosecutor. (5) If the person is sentenced on a plea
of guilty, the certificate may be given to the entity
immediately. (6) If subsection (5) does not apply, the
certificate must not be given to the
entity until the later of the following— (a)
the end of
any period allowed
for appeal against
conviction; (b)
if
an appeal is started—the end of any proceedings on
the
appeal. Page 242 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37
Offences analogous to stealing [s 408D]
(7) In this section— dealing
, with identification information, includes
supplying or using the
information. digital signature means encrypted
electronic or computer data intended
for the exclusive
use of a
particular person
as a means
of identifying himself
or herself as
the sender of
an electronic communication.
identification information ,
of another entity,
means information
about, or identifying particulars of, the entity that
is
capable of being used, whether alone or in conjunction with
other information, to
identify or
purportedly identify
the entity. Examples for an
entity that is an individual —
• information about
the individual or
the individual’s relatives
including name, address, date of birth,
marital status and similar information •
the
individual’s driver licence or driver licence number
• the individual’s passport or passport
number • anything commonly used by an
individual to identify himself or herself,
including a digital signature •
the individual’s financial
account numbers,
user names and
passwords •
a
series of numbers or letters (or a combination of both)
intended for use as a means of personal
identification • any data stored or encrypted on the
individual’s credit or debit card •
biometric data relating to the
individual • the individual’s voice print
• a false driver licence or other false
form of identification for a fictitious
individual Examples for an entity that is a body
corporate — • the body
corporate’s name • the body corporate’s ABN
• the body corporate’s financial account
numbers Current as at 27 November 2013
Page
243
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37 Offences
analogous to stealing [s 408E] •
any
data stored or encrypted on a credit or debit card issued to
the body corporate obtaining
,
identification information, includes possessing or
making the information. participant , in a criminal
organisation, see section 60A. 408E
Computer hacking and misuse
(1) A person who uses a restricted
computer without the consent of the
computer’s controller commits an offence. Maximum
penalty—2 years imprisonment. (2)
If
the person causes or intends to cause detriment or damage,
or gains or
intends to
gain a
benefit, the
person commits
a crime and is liable to imprisonment
for 5 years. (3) If the person causes a detriment or
damage or obtains a benefit for any person
to the value of more than $5000, or intends to commit an
indictable offence, the person commits a crime and
is
liable to imprisonment for 10 years. (4)
It
is a defence to a charge under this section to prove that
the use of the
restricted computer
was authorised, justified
or excused by law. (5)
In
this section— benefit includes
a benefit obtained
by or delivered
to any person.
computer means all or
part of a computer, computer system or computer
network and
includes, for
example, all
external devices
connected to the computer in any way or capable of
communicating with
each other
as part of
a system or
network. controller means
a person who
has a right
to control the
computer’s use. damage
includes— (a)
damage to any computer hardware or software;
and Page 244 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 37
Offences analogous to stealing [s 408E]
(b) for information—any alteration, addition,
removal or
loss
of, or other damage to, information. detriment
includes any detriment, pecuniary or
otherwise, to any person. information includes
data, file,
document, or
computer language or
coding. restricted computer means a computer
for which— (a) a device,
code or
a particular sequence
of electronic impulses is
necessary in order to gain access to or to use the computer;
and (b) the controller— (i)
withholds or takes steps to withhold access
to the device, or
knowledge of
the code or
of the sequence or of
the way of producing the code or the sequence,
from other persons; or (ii) restricts access
or takes steps to restrict access to the
device or
knowledge of
the code or
of the sequence, or to
the way of producing the sequence, to a person or a
class of person authorised by the controller. use
, of
a restricted computer, includes accessing or altering
any information stored
in, or communicate information directly or
indirectly to or from, the restricted computer, or
cause a virus to become installed on or to
otherwise affect, the computer. Current as at 27
November 2013 Page 245
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 38 Stealing
with violence—extortion by threats [s 409]
Chapter 38 Stealing
with violence—extortion by threats
409 Definition of robbery
Any person who
steals anything,
and, at
or immediately before
or immediately after
the time of
stealing it,
uses or
threatens to use actual violence to any
person or property in order to
obtain the
thing stolen
or to prevent
or overcome resistance to
its being stolen, is said to be guilty of robbery
. 411 Punishment of
robbery (1) Any person
who commits the
crime of
robbery is
liable to
imprisonment for 14 years.
(2) If the offender is or pretends to be
armed with any dangerous or offensive weapon or instrument, or
is in company with 1 or more other person or persons, or if,
at or immediately before or immediately after
the time of
the robbery, the
offender wounds or uses
any other personal violence to any person, the offender is
liable to imprisonment for life. 412
Attempted robbery (1)
Any person who
assaults any
person with
intent to
steal anything, and,
at or immediately before or immediately after the time of the
assault, uses or threatens to use actual violence
to
any person or property in order to obtain the thing intended
to
be stolen, or to prevent or overcome resistance to its being
stolen, is guilty of a crime, and is liable
to imprisonment for 7 years. (2)
If
the offender is or pretends to be armed with any dangerous
or
offensive weapon or instrument, or is in company with 1 or
more other
person or
persons, the
offender is
liable to
imprisonment for 14 years.
Page
246 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 38
Stealing with violence—extortion by threats [s 413]
(3) If the
offender is
armed with
any dangerous or
offensive weapon,
instrument or
noxious substance, and
at or immediately before
or immediately after
the time of
the assault the offender wounds, or uses
other personal violence to, any
person by
the weapon, instrument or
noxious substance, the
offender is liable to imprisonment for life. 413
Assault with intent to steal
Any person who
assaults any
person with
intent to
steal anything is
guilty of a crime, and is liable to imprisonment for
3
years. 414 Demanding property with menaces with
intent to steal Any person who,
with intent
to steal anything,
demands it
from
any person with threats of any injury or detriment of any
kind
to be caused to the other person, either 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 3 years. 415 Extortion
(1) A person
(the demander
) who, without
reasonable cause,
makes a demand— (a)
with
intent to— (i) gain a benefit for any person (whether
or not the demander); or (ii)
cause a
detriment to
any person other
than the
demander; and (b)
with
a threat to cause a detriment to any person other
than
the demander; commits a crime. Maximum
penalty— Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 38 Stealing
with violence—extortion by threats [s 415]
(a) if carrying out the threat causes, or
would be likely to cause, serious personal injury to a person
other than the offender—life imprisonment; or
(b) if carrying out the threat causes, or
would be likely to cause, substantial economic
loss in
an industrial or
commercial activity
conducted by
a person or
entity other
than the
offender (whether
the activity is
conducted by
a public authority
or as a
private enterprise)—life
imprisonment; or (c) otherwise—14 years
imprisonment. (2) It is immaterial that—
(a) the demand or threat is made in a way
ordinarily used to inform the public rather than a particular
person; or (b) the threat does not specify the
detriment to be caused; or (c) the
threat does
not specify the
person to
whom the
detriment is to be caused or specifies this
in a general way; or Example
— a threat to cause a detriment to the
public or any members of the public
(d) the detriment is to be caused by
someone other than the demander. (3)
A
reference to making a demand includes causing someone to
receive a demand. (4)
A reference to
a threat to
cause a
detriment to
any person other than the
demander includes a statement that gives rise to
a
threat of detriment to the other person. (5)
A
prosecution for an offence in which it is intended to rely
on a circumstance of aggravation mentioned in
paragraph (a) or (b) of the penalty can not be commenced
without the consent of the Attorney-General. (6)
In
this section— Page 248 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 39
Burglary—housebreaking—and like offences [s 417A]
threat includes a
statement that may reasonably be interpreted as a
threat. 417A Taking control of aircraft
(1) Any person who unlawfully either
directly or indirectly takes or exercises
control of any aircraft is guilty of a crime and is
liable to imprisonment for 7 years.
(2) If another person not being an
accomplice of the offender is on board the
aircraft the offender is liable to imprisonment for
14
years. (3) If the offender at or immediately
before or immediately after the time of
taking or exercising such control uses or threatens
to
use actual violence to any person or property in order to
take or
exercise control
of the aircraft
or to prevent
or overcome resistance to such control
being taken or exercised or is
armed with
any dangerous or
offensive weapon
or instrument or is in company with one
or more other person or persons or takes or exercises such
control by any fraudulent representation trick
device or
other means
the offender is
liable to imprisonment for life.
Chapter 39 Burglary—housebreaking—and
like
offences 418 Definitions (1)
A
person who breaks any part, whether external or internal, of
a
dwelling or any premises, or opens, by unlocking, pulling,
pushing, lifting,
or any other
means whatever,
any door, window, shutter,
cellar, flap, or other thing, intended to close or
cover an
opening in
a dwelling or
any premises, or
an opening giving
passage from
one part of
a dwelling or
any premises to another, is said to break
the dwelling or premises. Current as at 27 November 2013
Page
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Offences relating to property and contracts Chapter 39
Burglary—housebreaking—and like offences [s 419]
(2) A person is said to enter a dwelling
or premises as soon as any part of the person’s body or any part
of any instrument used by the person is within the dwelling
or premises. (3) A person who obtains entrance into a
dwelling or premises by means of
any threat or
artifice used
for that purpose,
or by collusion with
any person in the dwelling or premises, or who enters
any chimney or
other aperture
of the dwelling
or premises permanently left
open for
any necessary purpose,
but
not intended to be ordinarily used as a means of entrance,
is deemed to
have broken
and entered the
dwelling or
premises. (4)
In
this chapter— premises includes—
(a) a building
or structure and
a part of
a building or
structure other than a dwelling; and
(b) a tent, caravan, or vehicle;
and (c) any similar place. 419
Burglary (1)
Any
person who enters or is in the dwelling of another with
intent to
commit an
indictable offence
in the dwelling
commits a crime. Maximum
penalty—14 years imprisonment. (2)
If
the offender enters the dwelling by means of any break, he
or
she is liable to imprisonment for life. (3)
If— (a) the offence is
committed in the night; or (b) the
offender— (i) uses or threatens to use actual
violence; or (ii) is
or pretends to
be armed with
a dangerous or
offensive weapon,
instrument or
noxious substance;
or Page 250 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 39
Burglary—housebreaking—and like offences [s 421]
(iii) is in company
with 1 or more persons; or (iv) damages, or
threatens or attempts to damage, any property;
the
offender is liable to imprisonment for life. (4)
Any
person who enters or is in the dwelling of another and
commits an
indictable offence
in the dwelling
commits a
crime. Maximum
penalty—imprisonment for life. 421
Entering or being in premises and committing
indictable offences (1)
Any
person who enters or is in any premises with intent to
commit an
indictable offence
in the premises
commits a
crime. Maximum
penalty—10 years imprisonment. (2)
Any
person who enters or is in any premises and commits an
indictable offence in the premises commits a
crime. Maximum penalty—14 years
imprisonment. (3) If the offender gains entry to the
premises by any break and commits an
indictable offence
in the premises,
he or she
is liable to imprisonment for
life. 425 Possession of things used in
connection with unlawful entry (1)
Any person who
is found under
any of the
circumstances following, that
is to say— (a) being armed with any dangerous or
offensive weapon or instrument, or a noxious substance, and
being so armed with intent to break or enter a dwelling or
premises, and to commit an indictable offence
therein; Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 39
Burglary—housebreaking—and like offences [s 427]
(b) having in his or her possession
anything intended for use in or in connection with the
commission of an offence defined in section 419 or 421;
(c) having in
the person’s possession by
night without
lawful excuse, the proof of which lies on
the person, any instrument of housebreaking;
(d) having in
the person’s possession by
day any such
instrument with intent to commit an
indictable offence; (e) having his
or her face
masked or
blackened or
being otherwise
disguised, with intent to commit an indictable offence;
is
guilty of a crime, and is liable to imprisonment for 3
years. (2) If the
offender has
been previously convicted
of a crime
relating to property, the offender is liable
to imprisonment for 7 years. 427
Unlawful entry of vehicle for committing
indictable offence (1)
A
person who unlawfully enters another person’s vehicle with
intent to commit an indictable offence
commits a crime. Maximum penalty—10 years
imprisonment. (2) If— (a)
the
offence is committed in the night; or (b)
the
offender— (i) uses or threatens to use actual
violence; or (ii) is
or pretends to
be armed with
a dangerous or
offensive weapon,
instrument or
noxious substance;
or (iii) is in company
with 1 or more persons; or (iv) damages, or
threatens or attempts to damage, any property;
Page
252 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 40 Other
fraudulent practices [s 427A] the offender is
liable to imprisonment for 14 years. Chapter 40
Other fraudulent practices
427A Obtaining property by passing
valueless cheques (1) Any person who— (a)
obtains from
any other person
any chattel, money,
valuable security, credit, benefit or
advantage by passing a cheque that is not paid on
presentation for payment; or (b)
passes a cheque in the discharge or
attempted discharge of any debt, liability or obligation, which
cheque is not paid on presentation for payment;
is
guilty of a misdemeanour and is liable to imprisonment for
2
years. (2) It is a defence to a charge of an
offence defined in this section to prove that
the accused person— (a) had reasonable grounds
for believing that
the cheque would be paid in
full on presentation for payment; and (b)
had
no intent to defraud. (3) The fact that at
the time when the cheque was passed there were
some funds
to the credit
of the account
on which the
cheque was drawn is not of itself a defence
to a charge of an offence defined in this section.
430 Fraudulent falsification of
records Any person who with intent to
defraud— (a) makes a false entry in any record;
or (b) omits to make an entry in any record;
or Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Offences relating to property and contracts Chapter 41
Receiving property stolen or fraudulently obtained and like
offences [s 431] (c)
gives any
certificate or
information that
is false in
a material particular; or
(d) in any
way falsifies, destroys,
alters or
damages any
record; or (e)
produces or makes use of any record the
person knows is false in a material particular;
commits a crime. Maximum
penalty—10 years imprisonment. 431
False
accounting by public officer Any
person who,
being an
officer charged
with the
receipt, custody, or
management of any part of the public revenue or property,
knowingly furnishes any false statement or return of
any
money or property received by the person or entrusted to
the
person’s care, or of any balance of money or property in
the
person’s possession or under the person’s control, is guilty
of a
misdemeanour, and is liable to imprisonment for 2 years.
Chapter 41 Receiving
property stolen or fraudulently obtained and like
offences 432
What
is tainted property for ch 41
(1) In this chapter— tainted
property means— (a)
a thing that
has been obtained
by way of
an act constituting an
indictable offence; or (b) if
tainted property
mentioned in
paragraph (a)
is converted into
other property—any of
the other property;
or Page 254 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 41
Receiving property stolen or fraudulently obtained and like
offences [s 433] (c)
if tainted property
mentioned in
paragraph (a)
is mortgaged, pledged
or exchanged for
other property—any of
the proceeds of the mortgage, pledge, or
exchange. (2) However, a thing stops being
tainted property after a
person acquires a lawful title to it.
433 Receiving tainted property
(1) A person
who receives tainted
property, and
has reason to
believe it is tainted property, commits a
crime. Maximum penalty— (a)
if the property
was obtained by
way of an
act constituting a crime—14 years
imprisonment; or (b) if the
property is
a firearm or
ammunition—14 years
imprisonment; or (c)
if
the offender received the property while acting as a
pawnbroker or
dealer in
second hand
goods, under
a licence or otherwise—14 years
imprisonment; or (d) otherwise—7 years imprisonment.
(2) For the
purpose of
proving the
receiving of
anything it
is sufficient to show that the accused
person has, either alone or jointly
with some
other person,
had the thing
in his or
her possession, or has aided in concealing
it or disposing of it. 435 Taking reward for
recovery of property obtained by way of indictable
offences If— (a) a
thing is
obtained by
way of any
act constituting an
indictable offence; and (b)
a
person dishonestly receives, or dishonestly agrees to
receive, any benefit on an agreement or
understanding that the person will help anyone to recover
the thing; Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 42A Secret
commissions [s 442A] then, unless the
person has used all due diligence to cause the offender
to be brought
to trial for
the offence, the
person commits a
crime. Maximum penalty—7 years imprisonment.
Chapter 42A Secret
commissions 442A Definitions (1)
In
this chapter— advice given or words to the
like effect includes every report, certificate,
statement, and suggestion intended to influence the
person to
whom the
same is
made or
given, and
every influence
deliberately or
expressly exercised
by one person
over
another. agent includes
any corporation, firm,
or person acting
or having been acting, or desirous or
intending to act, for or on behalf of any
corporation, firm, or person, whether as agent, partner,
co-owner, clerk,
servant, employee,
banker, broker,
auctioneer, architect, clerk
of works, charterer, master
mariner, purser,
or any member
of the crew
of a vessel,
engineer, barrister, solicitor, legal
practitioner, conveyancer, surveyor, buyer,
salesperson, supervisor, trustee,
official assignee,
executor, administrator, liquidator, trustee
in bankruptcy or
of a deed
of assignment, receiver,
director, manager,
or other officer
or member of
the committee or
governing body
of any corporation, club,
partnership, or
association, or
in any other
capacity, either
alone or
jointly with any other
corporation, firm, or person, and whether in the
person’s own name or in the name of the
person’s principal or otherwise, and also includes a
Minister of the Crown, and a person serving
under the Crown or a Minister of the Crown, or corporation
representing the Crown, and a person serving under any local
government, harbour board, water authority, Page 256
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 42A Secret
commissions [s 442A] or any other
local or public body constituted by or under any
Act. contract
includes contract of sale or of employment,
or any other contract
whatever including
an order for
any commodity. court
means the
Supreme Court
or a judge
thereof, or
magistrate or
justices having
jurisdiction with
respect to
an offence against this chapter.
in relation to
his or her
principal’s affairs
or business implies the
additional words ‘whether within the scope of his
or
her authority or course of his or her employment as agent or
not’. person having
business relations with the principal includes
the Crown, a
Minister of
the Crown, or
corporation representing the
Crown, or
any local government, harbour
board, water
authority, or
any other local
or public body
constituted by or under any Act; also every
corporation, firm, or other person, whether as principal or
agent, carrying on or having carried
on or desirous
or intending to
carry on
any negotiation or
business with
any principal, or
engaged or
interested or
having been
engaged or
interested in
the performance of any contract with or in
the execution of any work or business for or in the supply
of any goods or chattels to any principal; and also includes
any agent or employee of the Crown,
a Minister of
the Crown, or
corporation representing the
Crown, or of any local government, harbour board,
water authority, or
any other local
or public body
constituted by or under any Act, or of any
such corporation, firm, or other person. principal
includes a corporation, firm, or other
person for or on behalf of whom the agent acts, has acted,
or is desirous or intending to act; the term also includes the
Crown, a Minister of the Crown, or corporation representing
the Crown, or any local government, harbour
board, water
authority, or
any other local or public body constituted
by or under any Act for or on behalf of whom the agent acts,
has acted, or is desirous or intending to act.
Current as at 27 November 2013
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Offences relating to property and contracts Chapter 42A Secret
commissions [s 442A] Page 258
solicit any
valuable consideration and
valuable consideration
solicited , and words to the like effect, shall
be construed with
the following directions, namely,
that every
agent who
diverts, obstructs, gives
untruthful reports,
or interferes with the proper course of
business or manufacture, or impedes or obstructs, or fails to
use due diligence in the prosecution of any negotiation or
business with the intent to obtain the gift
of any valuable consideration from any other person
interested in the said negotiation or business, or with
intent to
injure any
such person,
shall be
deemed to
have solicited
a valuable consideration from
a person having
business relations with the principal of
such agent. trustee includes the
public trustee, an executor, administrator, liquidator,
official assignee, or trustee in bankruptcy, receiver,
administrator appointed
under the
Guardianship and
Administration Act
2000 ,
person having
power to
appoint a
trustee, or
person entitled
to obtain probate
of the will
or letters of administration to the
estate of a deceased person, or any other person
occupying a fiduciary position. valuable
consideration includes
any real or
personal property;
also money,
loan, office,
place, employment, agreement
to give employment, benefit,
or advantage whatsoever, and
any commission or rebate, payment in excess of
actual value
of the goods
or service, deduction
or percentage, bonus or discount, or any
forbearance to demand any moneys or moneys’ worth or
valuable thing; also some detriment, loss or responsibility
given, suffered, or taken, or the
refraining from
carrying out
or doing something
which lawfully should
be done; and the acceptance of any of the said things shall be
deemed the receipt of a valuable consideration. The offer of any
valuable consideration includes any offer of any agreement or
promise to give, and every holding out of any expectation
of valuable consideration. The receipt
of any valuable
consideration includes
any acceptance of any agreement, promise,
or offer to give, or of any holding out of any expectation of
valuable consideration. Current as at 27 November
2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 42A Secret
commissions [s 442B] Prohibition of
indirect acts (2) Any act
or thing prohibited by
this chapter
is prohibited whether done
directly or indirectly by the person mentioned or by or through
any other person. 442B Receipt or solicitation of secret
commission by an agent Any agent who corruptly receives or
solicits from any person for himself
or herself or
for any other
person any
valuable consideration— (a)
as
an inducement or reward for or otherwise on account
of
doing or forbearing to do, or having done or forborne
to
do, any act in relation to his or her principal’s affairs
or
business; or (b) the receipt
or any expectation of
which would
in any way tend to
influence the agent to show, or to forbear to show, favour or
disfavour to any person in relation to his or her
principal’s affairs or business; commits a
crime. 442BA Gift or offer of secret commission to
an agent Any person who
corruptly gives
or offers to
any agent any
valuable consideration— (a)
as
an inducement or reward for or otherwise on account
of
the agent doing or forbearing to do, or having done or
forborne to
do, any act
in relation to
his or her
principal’s affairs or business; or
(b) the receipt
or any expectation of
which would
in any way tend to
influence the agent to show, or to forbear to show, favour or
disfavour to any person in relation to his or her
principal’s affairs or business; commits a
crime. Current as at 27 November 2013
Page
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Part 6
Offences relating to property and contracts Chapter 42A Secret
commissions [s 442C] 442C
Secret gifts received by parent, spouse,
child, partner etc. of agent (1)
Any valuable consideration received
or solicited by
any parent, spouse, or child of any agent,
or by his or her partner, clerk, or employee, from any person
having business relations with the principal of such agent,
shall be deemed to have been received or
solicited by the agent unless it be proved that the
valuable consideration was
so received or
solicited without
the
consent, knowledge, or privity of the agent. Secret gifts to
parent, spouse, child, partner etc. of agent
(2) Any valuable consideration—
(a) given or offered to any parent,
spouse, or child of any agent, or to his or her partner,
clerk, or employee, and so given or offered with the consent,
knowledge, or privity of the agent; or (b)
given or offered, at the agent’s request, to
any person by any person having business relations with
the principal of such agent; shall be deemed
to have been given or offered to the agent. 442D
False
or misleading receipt or account Any
person who
with intent
to deceive or
defraud the
principal gives to any agent, or any agent
who receives or uses or gives
to the principal
any receipt, invoice,
account, or
document in
respect of
which or
in relation to
a dealing transaction or
matter in which the principal is interested, and
which— (a)
contains any
statement which
is false or
erroneous or
defective in
any important particular, or
contains an
overcharge or
is in any
way likely to
mislead the
principal; or (b)
omits to
state explicitly and
fully the
fact of
any commission, percentage, bonus,
discount, rebate,
Page
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Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 42A Secret
commissions [s 442E] repayment, gratuity,
or deduction having
been made,
given, or
allowed, or
agreed to
be made, given,
or allowed; commits a
crime. 442E Secret commission for advice
given Whenever any advice is given by one person
to another, and such advice
is in any
way intended or
likely to
induce or
influence the person advised—
(a) to enter into a contract with any
third person; or (b) to appoint or join with another in the
appointment, or to vote for
or to aid
in obtaining the
election or
appointment, or
to authorise or
join with
another in
authorising the
appointment of
any third person
as trustee, director, manager, or
official; and any valuable consideration is, without
the assent of the person advised,
given by
such third
person to
the person giving
the advice, the
gift or
receipt of
the valuable consideration is
a crime; but this subsection shall not apply when the person
giving the advice was, to the knowledge of the person
advised, the agent of such third person, or when the
valuable consideration was
not given in
respect of
such advice.
442EA
Offer or solicitation of secret commission in return for
advice given or to be given
Any
offer or solicitation of a valuable consideration in respect
of
any advice given, or to be given, by one person to another
with
a view to induce or influence the person advised—
(a) to enter
into a
contract with
the person offering
or solicited; or (b)
to
appoint or join with another in appointing, or to vote
for
or to aid in obtaining the election or appointment, or
to authorise or
join with
another in
authorising the
Current as at 27 November 2013
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Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 42A Secret
commissions [s 442F] appointment of
the person offering
or solicited as
trustee, director, manager, or
official; and with the
intent that
the gift or
receipt of
such valuable
consideration is not to be made known to the
person advised, is a crime; but this subsection shall not
apply when such first mentioned person
is the agent
of the person
offering or
solicited. 442F
Secret commission to trustee in return for
substituted appointment Any person who
offers or gives any valuable consideration to a trustee, or
any trustee who receives or solicits any valuable
consideration for himself or herself or for
any other person, without the assent of the persons
beneficially entitled to the estate or of a
judge of the Supreme Court, as an inducement or reward for
appointing or having appointed, or for joining or
having joined with another in appointing, or
for authorising or having authorised, or for joining or having
joined with another in authorising, any
person to
be appointed in
the person’s stead or instead
of the person and any other person as trustee, commits a
crime. 442G Liability of director etc. acting
without authority Any director, manager, or officer of a
company, or any officer or member of the crew of any vessel,
or any person acting for another, who knowingly takes part in
or is in any way privy to doing, or attempts to do, any act or
thing without authority which, if authorised, would be in
contravention of any of the provisions of
this chapter, commits a crime. 442I
Penalty on conviction Any person
guilty of a crime against any of the provisions of
this
chapter is— (a) liable, if
a corporation, to
a penalty of
3400 penalty
units, and if an individual, to 7 years
imprisonment; and Page 262 Current as at 27
November 2013
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Part 6
Offences relating to property and contracts Chapter 42A Secret
commissions [s 442J] (b)
in
addition, liable to be ordered to pay to such person
and
in such manner as the court directs the amount or
value, according to the estimation of the
court, of any valuable consideration received or given by
the person, or any part thereof, and such order shall be
enforceable in the same manner as an order of the
court. 442J Court may order withdrawal of trifling
or technical cases If in any prosecution under this chapter it
appears to the court that the offence charged is, in the
particular case, of a trifling or
merely technical
nature, or
that in
the particular circumstances it
is inexpedient to proceed to a conviction, the court
may in its
discretion, and
for reason stated
on the application of
the accused, dismiss
the case; but
the court may, if it
thinks fit, make the order mentioned in section 442I.
442K Witness giving answers criminating
himself or herself (1) A person who is called as a witness in
any proceeding under this chapter shall not be excused from
answering any question relating to any offence against this
chapter on the ground that the answer
thereto may
criminate or
tend to
criminate the
person. (2)
An answer to
a question in
any such proceeding shall
not, except in the
said proceeding or in the case of any prosecution
for
perjury in respect of such answer, be in any proceeding,
civil or criminal, admissible in evidence
against the person so answering. 442L
Certificate to witness (1)
A
witness in any proceeding under this chapter who, in the
judgment of the court, answers truly all
questions which the witness is required by the court to answer
shall be entitled to receive a certificate from the court
stating that such witness has so answered. Stay of
proceedings against such witness Current as at 27
November 2013 Page 263
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Offences relating to property and contracts Chapter 42A Secret
commissions [s 442M] (2)
When
a person has received a certificate as aforesaid, and any
criminal proceeding is
at any time
instituted against
the person in respect of the offence which
was in question in the proceeding in which the said person
was called as a witness, the court having cognisance of the
case shall, on proof of the certificate and
of the identity of the offence in question in the
2
cases, stay the proceedings. 442M
Custom of itself no defence
(1) In any prosecution under this chapter
it does not amount to a defence to
show that
the receiving, soliciting, giving,
or offering of any valuable consideration
therein mentioned or referred to is customary in any trade,
business, or calling. Burden of proof that gift not secret
commission (2) If in any prosecution under this
chapter it is proved that any valuable
consideration has
been received
or solicited by
an agent from
or given or
offered to
an agent by
any person having
business relations
with the
principal, without
the assent of
the principal, the
burden of
proving that
such valuable
consideration was
not received, solicited, given,
or offered in
contravention of
any of the
provisions of
this chapter shall be
on the accused. Consent to prosecution (3)
No prosecution under
this chapter
shall be
commenced without the
consent of a Crown Law Officer. Page 264
Current as at 27 November 2013
Chapter 44 Schedule 1 The
Criminal Code Part 6 Offences relating to property and
contracts Chapter 44 Offences analogous to stealing
relating to animals [s 444A] Offences
analogous to stealing relating to animals
Chapter division 1 Offences
relating to animals generally 444A
Killing animals with intent to steal
(1) Any person who kills any animal
capable of being stolen with intent to steal
the skin or carcass, or any part of the skin or carcass,
is guilty of
a crime, and
is liable to
the same punishment as if
the person had stolen the animal. (2)
If the offender
is sentenced to
pay a fine
in addition to,
or instead of, imprisonment, the fine
shall be not less than $200 or,
where in
respect of
the animal in
question a
value is
determined in
accordance with
the provisions of
the regulations made pursuant to section
450F, not less than that value, whichever
is the higher
amount, for
every animal
killed. (3)
However, the fine imposed in respect of the
offence shall not exceed $50000. 444B
Using
registered brands with criminal intention (1)
Any
person who, with intent to facilitate the commission of a
crime, brands or marks any animal with a
registered brand or registered mark
without the permission of
the owner of
the brand or mark is guilty of a
misdemeanour, and is liable to imprisonment for
5 years. (2) If the
offender is
sentenced to
pay a fine
in addition to,
or instead of, imprisonment, the fine
shall be not less than $200 or,
where in
respect of
the animal in
question a
value is
determined in
accordance with
the provisions of
the regulations made pursuant to section
450F, not less than that Current as at 27 November 2013
Page
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Offences relating to property and contracts Chapter 44 Offences
analogous to stealing relating to animals [s 445]
value, whichever
is the higher
amount, for
every animal
branded or marked. (3)
However, the fine imposed in respect of the
offence shall not exceed $50000. Chapter division
2 Offences relating to stock
445 Unlawfully using stock
(1) Any person
who unlawfully uses
an animal that
is stock, without the
consent of the person in lawful possession thereof,
is
guilty of a misdemeanour and is liable to imprisonment for
5
years, or to a fine of not less than $200 or, where in
respect of the animal in question a value is
determined in accordance with the
provisions of
the regulations made
pursuant to
section 450F,
of not less
than that
value, whichever
is the higher amount,
for every animal so used. (2) However, the
fine imposed in respect of the offence shall not
exceed $50000. (3)
Without in
any wise limiting
the meaning of
the term unlawfully uses
, such term
shall, for
the purposes of
this section,
also mean
and include the
unlawful possession, by
any
person, of any animal that is stock, without the consent of
the person in
lawful possession thereof,
and with intent
to deprive the owner or person in lawful
possession thereof of the use and/or possession of the
animal, either temporarily or permanently. (4)
It
is a defence to a charge of an offence defined in this
section to prove that the accused person had the
lawful consent of the owner to the use or possession by the
person of the animal in question. 446
Suspicion of stealing stock
(1) When any
animal that
is stock is
suspected, on
reasonable grounds, to have
been stolen, any person in whose possession Page 266
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 44
Offences analogous to stealing relating to animals
[s
447] or custody the animal or the skin or
carcass, or any part of the skin
or carcass, of
the animal so
suspected to
have been
stolen, is
found, is
guilty of
a misdemeanour, unless
the person proves that the person came
lawfully by the thing in question; and the person is liable to
imprisonment for 5 years or to a fine of not less than $200 or,
where in respect of the animal in question a value is
determined in accordance with the
provisions of
the regulations made
pursuant to
section 450F,
of not less
than that
value, whichever
is the higher
amount, for every animal or skin or carcass
or part of skin or carcass so found. (2)
However, the fine imposed in respect of the
offence shall not exceed $50000. (3)
It
is a defence to a charge of the offence defined in this
section to prove that the accused person came
lawfully by the thing in question. 447
Illegal branding (1)
Any
person who, knowing that the person is not the owner of
an animal that
is stock, brands
or marks it,
or knowingly permits
it to be
branded or
marked, with
the person’s registered brand
or the person’s registered mark, is guilty of a misdemeanour,
and is liable to imprisonment for 5 years or to a fine of not
less than $200 or, where in respect of the animal
in question a
value is
determined in
accordance with
the provisions of the regulations made
pursuant to section 450F, of not less than that value, whichever
is the higher amount, for every animal so branded or
marked. (2) However, the fine imposed in respect
of the offence shall not exceed $50000. 448
Defacing brands (1)
Any
person who— Current as at 27 November 2013
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Schedule 1 The Criminal Code
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Offences relating to property and contracts Chapter 44 Offences
analogous to stealing relating to animals [s 448A]
(a) alters, defaces, or otherwise renders
undistinguishable, any registered brand
or registered mark
on an animal
that
is stock; or (b) knowingly permits
any such act
to be done
by any person over whom
the person has control; is guilty of a misdemeanour, and is
liable to imprisonment for 5 years or to a fine of not less than
$200 or, where in respect of the animal in question a value is
determined in accordance with the
provisions of
the regulations made
pursuant to
section 450F,
of not less
than that
value, whichever
is the higher amount,
for every animal with respect to which the act is done.
(2) However, the fine imposed in respect
of the offence shall not exceed $50000. 448A
Having in possession stock with defaced
brand (1) Any person in whose possession or
custody any animal that is stock on which any registered brand or
registered mark has been altered,
defaced, or
otherwise rendered
indistinguishable, or
reasonably suspected
to have been
altered, defaced,
or otherwise rendered
indistinguishable, is
found, is guilty of a misdemeanour, unless
the person proves that the person came lawfully by the animal
in question; and the person is liable to imprisonment for 5
years or to a fine of not less
than $200
or, where in
respect of
the animal in
question a
value is
determined in
accordance with
the provisions of the regulations made
pursuant to section 450F, of not less than that value, whichever
is the higher amount, for every animal so found.
(2) However, the fine imposed in respect
of the offence shall not exceed $50000. (3)
It
is a defence to a charge of the offence defined in this
section to prove that the accused person came
lawfully by the animal in question. Page 268
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 44A
Special provisions in respect of offences relating to stock
[s
450A] Chapter division 3 Arrest
450A Arrest without warrant
A person found
committing any
of the offences
defined in
chapter division
2 may be
arrested without
warrant by
the owner of the property in question or
the owner’s servant or by any person authorised by such owner or
servant. 450B Warrant in first instance
A
justice may issue a warrant in the first instance for the
arrest of any person
charged with
any of the
offences defined
in chapter division 2.
Chapter 44A Special
provisions in respect of offences relating to stock
450D Definition for ch 44A
In
this chapter— animal means any animal
that is stock. 450E Animals not tendered in certain
cases (1) Subject to subsection (6),
where— (a) an animal connected with a charge is
in the possession or under the control of a police officer;
and (b) the person
charged does
not claim ownership
of the animal;
and (c) the owner of the animal is desirous of
slaughtering the animal or selling or consigning it for
slaughter at a time Current as at 27 November 2013
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Offences relating to property and contracts Chapter 44A Special
provisions in respect of offences relating to stock
[s
450E] prior to the tendering of it as an exhibit
in connection with the charge; and (d)
photographs or tapes, films or any other
means of visual reproduction of
the animal and
of any brand
or other mark
of identification are
available for
tendering as
exhibits in connection with the charge and
arrangements are made, between
the police officer
investigating the
charge and the owner, for the hide or skin
or any marked ear or any other part of the animal to be
available for tendering as an exhibit in connection with
the charge; it is not
necessary for
the animal to
be further kept
in the possession or
under the
control of
a police officer
to be tendered as an
exhibit in connection with the charge and, with the prior
consent of a Crown Law Officer, it may be returned
to
the owner. (2) The arrangements referred
to in subsection (1)(d)
shall include an
undertaking from the owner that— (a)
in a
case of slaughter of the animal by the owner—the
owner shall— (i)
slaughter the
animal within
14 days of
it being returned to the
owner; and (ii) within 14 days
of slaughter, make available to the police officer
investigating the charge the hide or skin
or any marked
ear or any
other part
of the animal
that is to
be available for
tendering as
an exhibit in
connection with
the charge and
in the meantime
comply with
any requirement of
the police officer
in relation to
the security or
preservation thereof; or (b)
in a case
of sale or
consignment by
the owner of
the animal for
slaughter—the owner
shall require
of the purchaser as a
condition of sale or of the consignee, as the case may be,
that— (i) the animal shall be slaughtered within
14 days of it being sold or received by the consignee;
and Page 270 Current as at 27
November 2013
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Offences relating to property and contracts Chapter 44A
Special provisions in respect of offences relating to stock
[s
450E] (ii) within 14 days
of slaughter, the hide or skin or any marked ear or
any other part of the animal that is to be
available for
tendering as
an exhibit in
connection with the charge shall be made
available to the police
officer investigating the
charge and
that
in the meantime any requirement of the police officer
in relation to
the security or
preservation thereof shall be
complied with. (3) Subject to subsection (6),
where— (a) an animal connected with a charge is
in the possession or under the control of a police officer;
and (b) the ownership
of the animal
is disputed by
2 or more
persons 1 of whom may be, but need not be,
the person charged; and (c)
the persons claiming
ownership together
with all
persons claiming any interest in the animal
of whom the police officer investigating the charge is
aware agree in writing to the animal being slaughtered on
their behalf or sold or consigned on their behalf for
slaughter at a time prior
to the tendering
of it as
an exhibit in
connection with the charge; and
(d) photographs or tapes, films or any
other means of visual reproduction of
the animal and
of any brand
or other mark
of identification are
available for
tendering as
exhibits in connection with the charge and
arrangements are made, between
the police officer
investigating the
charge and the persons referred to in
paragraph (c) as claiming ownership or an interest, for the
hide or skin or any marked ear
or any other
part of
the animal to
be available for tendering as an exhibit
in connection with the charge; it
is not necessary
for the animal
to be further
kept in
the possession or
under the
control of
a police officer
to be tendered as an
exhibit in connection with the charge and, with the prior
consent of a Crown Law Officer, it may be handed
Current as at 27 November 2013
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Offences relating to property and contracts Chapter 44A Special
provisions in respect of offences relating to stock
[s
450E] over to
a person nominated
in the writing
referred to
in paragraph (c). (4)
The arrangements referred
to in subsection (3)(d)
shall include
an undertaking from
the persons referred
to in subsection
(3)(c) as claiming ownership of or an interest in the
animal ( the said
persons ) that— (a)
in a
case of the animal being slaughtered on behalf of
the
said persons—the said persons shall— (i)
cause the animal to be slaughtered within 14
days of it being handed over to the person
nominated as referred to in subsection (3); and
(ii) within
14 days of
slaughter, cause
to be made
available to
the police officer
investigating the
charge the hide or skin or any marked ear or
any other part of the animal that is to be
available for tendering as
an exhibit in
connection with
the charge and in the meantime cause any
requirement of the police officer in relation to the
security or preservation thereof to be complied with;
or (b) in a case of the animal being sold or
consigned on behalf of the said persons for slaughter—the said
persons shall require of the purchaser as a condition of
sale or of the consignee, as the case may be, that—
(i) the animal shall be slaughtered within
14 days of it being sold or received by the consignee;
and (ii) within 14 days
of slaughter, the hide or skin or any marked ear or
any other part of the animal that is to be
available for
tendering as
an exhibit in
connection with the charge shall be made
available to the police
officer investigating the
charge and
that
in the meantime any requirement of the police officer
in relation to
the security or
preservation thereof shall be
complied with. Page 272 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 44A
Special provisions in respect of offences relating to stock
[s
450F] (5) Where in the circumstances referred to
in subsection (1) or (3) the animal
in question is
not tendered as
an exhibit in
proceedings in connection with the charge
and— (a) photographs or tapes, films or any
other means of visual reproduction as aforesaid and any
hide, skin, ear or any other part of the animal as aforesaid
are tendered in such proceedings; or (b)
photographs or tapes, films or any other
means of visual reproduction as
aforesaid are
tendered in
such proceedings and
evidence is given therein showing that although
arrangements were made as aforesaid for the tendering as an
exhibit of the hide or skin or ear or any other part of
the animal, the hide or skin or ear or other part is
nevertheless no longer available for so tendering;
objection shall not be taken (or if taken
shall not be allowed) to the receipt in evidence of any of
them the photographs or tapes, films or any other means of
visual reproduction, hide, skin, ear or other part of the animal
as evidence of— (c) the existence at the material time of
the animal; or (d) in the case of photographs or tapes,
films or any other means of
visual reproduction—the condition
at the material time of
the animal; or (e) any brand or other mark or feature of
identification at the material time on or with respect to the
animal. (6) An animal
shall not
be returned or
handed over
under this
section in
any case where
a Crown Law
Officer is
of the opinion
that its
production for
tender as
an exhibit is
or is likely to be
necessary or that in the circumstances of the case
it
is desirable that it be produced for tender as an exhibit.
450F Animal valuers and valuations
(1) This section is applicable in every
case in which a provision of this Code relates the amount of a
fine to the value of an Current as at 27 November 2013
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Offences relating to property and contracts Chapter 44A Special
provisions in respect of offences relating to stock
[s
450F] animal determined in accordance with the
provisions of the regulations made pursuant to this
section. (2) The chief executive may appoint a
person as an animal valuer. (3)
The Governor in
Council may
make regulations, not
inconsistent with
the provisions of
this Code,
for or with
respect to the following—
(a) terms and conditions of appointment of
animal valuers; (b) qualifications, eligibility and
experience of persons to be animal
valuers; (c) fees and allowances payable to animal
valuers; (d) appointment of animal valuers
according to districts; (e) constitution of
districts in relation to the appointment of animal
valuers; (f) valuation of
animals by
animal valuers
in districts for
which they
are appointed and
in other districts, and
circumstances in which valuations in other
districts shall or may be made; (g)
the selection, constitution and
operation of
panels of
animal valuers, including method of
selection of panels in districts and
by whom animal
valuers to
constitute panels
selected; (h) the selection of tribunals of animal
valuers from panels to make valuations of
animals, including
method of
selection and
by whom animal
valuers to
constitute tribunals
selected; (i) the constitution and operation of
tribunals, including the number of animal valuers constituting
a tribunal; (j) functions and duties of animal
valuers; (k) the keeping of a register of animal
valuers; (l) method of
determination of
valuation of
animals in
cases where
animals available
for inspection and
in cases where animals not available for
inspection and, in Page 274 Current as at 27
November 2013
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Part 6
Offences relating to property and contracts Chapter 44A
Special provisions in respect of offences relating to stock
[s
450F] the latter case, use of hides, skins, ears,
photographs or tapes, films or any other means of visual
reproduction, books, records
and comparable prices
for comparable animals;
(m) method of determination of valuation
of animals where animal valuers constituting tribunal are not
in agreement as to value; (n)
procedures in
relation to
meetings of
tribunals and
making of
valuations of
animals in
conjunction with
court proceedings and adjournments of
proceedings; (o) identification of animals by
tribunals; (p) issue and
use of valuation
certificates with
respect to
valuation of animals; (q)
form
of valuation certificates; (r) regulating matters
and procedures relating
to the initiation of
the making of valuations of animals, times within which
valuations are to be made in relation to any proceedings,
adjournments of proceedings in connection with the making
of animal valuations, use of valuation certificates in
proceedings and
receipt of
valuation certificates as
evidence in proceedings; (s) sufficiency of
evidence of value of animals by tender of valuation
certificates in proceedings until contrary value
is
proved, determination of value where contrary value
is
so proved, and application of such determined value;
(t) facilitation of proof of—
(i) appointments of animal valuers;
and (ii) districts to
which animal valuers are appointed or in which they
may make animal valuations; and (iii)
selection of animal valuers to panels and
tribunals; and (iv) signatures of
animal valuers; Current as at 27 November 2013
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Offences relating to property and contracts Chapter 44A Special
provisions in respect of offences relating to stock
[s
450G] (u) such other
matters as
may be convenient for
the operation of
this section
and its application in
accordance with subsection (1) or that may
be necessary or expedient to
achieve the
objects and
purposes with
respect to such operation and
application. 450G Identification of animals and return
to owners prior to tender in certain cases Where—
(a) an animal connected with a charge is
in the possession or under the control of a police officer;
and (b) the ownership of the animal is not in
dispute; and (c) the owner of the animal is desirous of
the animal being returned to the owner at a time prior to the
tendering of it as an exhibit in connection with the
charge; and (d) the owner gives an undertaking in
writing to produce the animal for
the purpose of
its tender as
an exhibit in
connection with the charge when required to
so produce it; and (e)
a Crown Law
Officer is
of the opinion
that in
the circumstances of the case the animal
may be returned to the owner prior to the tendering of it as an
exhibit; the animal may be so returned to the owner
provided it is first inspected by a tribunal of animal
valuers and, in the presence of the tribunal
and as an aid to identification— (f)
there is branded or marked on the animal by
the police officer in whose possession or under whose
control it is or by some
other person
acting under
the officer’s instructions a
brand or mark identifying it as an animal held as an
exhibit; and (g) photographs or tapes, films or any
other means of visual reproduction of the animal are taken
or made. Page 276 Current as at 27
November 2013
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Part 6
Offences relating to property and contracts Chapter 44A
Special provisions in respect of offences relating to stock
[s
450H] 450H Licence disqualification where
commission of offence facilitated by licence or use of
vehicle (1) Where a person is convicted of an
offence under section 398 (where the offence relates to the
stealing of an animal), 444A, 444B,
445, 446,
447, 448,
448A or
468 and the
court or
magistrate is satisfied that the commission
of the offence by that person was facilitated by the holding
by the person of a driver licence or by the use by the person
of a motor vehicle, the court or magistrate may order and direct
in addition to any sentence that may be passed or penalty that
may be imposed that the
offender shall,
from the
date of
conviction, be
disqualified absolutely from
holding or
obtaining a
driver licence
to operate a
motor vehicle
or be so
disqualified for
such period
as the court
or magistrate shall
specify in
the order. (2)
A
copy of the order shall be transmitted to the chief
executive of the department in which the
Transport Operations (Road
Use
Management) Act 1995 is administered by the officer
or clerk having custody of the records of the
court wherein the conviction was recorded. (3)
In
this section— driver licence includes any
driving licence or driving permit deemed to be
equivalent in Queensland to and accepted in lieu
of a
driver licence for the purpose of authorising the holder
thereof to drive in Queensland any vehicle
of the type or class to the driving of which the driving
licence or driving permit is applicable. (4)
Nothing contained in this section limits the
operation of any other provision of any Act under which the
court or magistrate is empowered to do any act or thing in
respect of the driving, or the driver licence, of any
offender. 450I Forfeiture in cases of conviction for
offences under specified sections (1)
Where a person is convicted of an offence
under section 398 (where the offence relates to the stealing
of an animal), 444A, Current as at 27 November 2013
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Offences relating to property and contracts Chapter 45
Definitions [s 458] 444B,
445, 446,
447, 448,
448A or
468, the
court or
magistrate may
order to
be forfeited to
Her Majesty any
vehicle, vessel, animal, equipment or other
property or thing used in connection with or to facilitate the
commission of the offence of which the person has been
convicted. (2) Anything forfeited
to Her Majesty
pursuant to
this section
shall be
dealt with
or disposed of
in such manner
as the Attorney-General
directs. Division 2 Injuries to
property Chapter 45 Definitions 458
Unlawful acts (1)
An act which
causes injury
to the property
of another, and
which is done without the owner’s consent,
is unlawful unless it is authorised or justified or excused by
law. (2) For section 469, punishment in special
cases, clause 11, the destruction or
damage by
a person of
property fixed
in a cemetery or at a
crematorium is unlawful unless the person is acting—
(a) with the owner’s consent; or
(b) with the lawful consent of the entity
(if any) responsible for managing
and administering the
cemetery or
crematorium; or (c)
in
the reasonable belief that lawful consent mentioned in
paragraph (b) has been given.
(3) It is
immaterial that
the person who
does the
injury is
in possession of the property injured, or
has a partial interest in it, or
an interest in
it as joint
or part owner
or owner in
common. Page 278
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Offences relating to property and contracts Chapter 46
Offences [s 459] (4)
A
person is not criminally responsible for an injury caused to
property by the use of such force as is
reasonably necessary for the purpose of defending or
protecting himself, herself, or any
other person,
or any property,
from injury
which the
person believes, on reasonable grounds, to
be imminent. 459 Acts done with intent to
defraud (1) When an
act which causes
injury to
property, and
which would be
otherwise lawful, is done with intent to defraud any
person, it is unlawful. (2)
When an
act which causes
injury to
property is
done with
intent to defraud any person, it is
immaterial that the property in question is
the property of the offender. Chapter 46
Offences 461
Arson (1)
Any
person who wilfully and unlawfully sets fire to any of the
things following, that is to say—
(a) a building or structure;
(b) a motor vehicle, train, aircraft or
vessel; (c) any stack of cultivated vegetable
produce, or of mineral or vegetable fuel; (d)
a mine, or
the workings, fittings,
or appliances of
a mine; is guilty of a
crime, and is liable to imprisonment for life. (2)
It is immaterial whether
or not a
thing mentioned
in subsection (1)(a) or (b) is
complete. Current as at 27 November 2013
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Offences relating to property and contracts Chapter 46
Offences [s 462] 462
Endangering particular property by
fire A person who
wilfully and
unlawfully sets
fire to
anything situated so that
a thing mentioned in section 461(1)(a) to (d) is
likely to catch fire from it commits a
crime. Maximum penalty—14 years
imprisonment. 463 Setting fire to crops and growing
plants Any person who wilfully and unlawfully sets
fire to any of the things following, that is to say—
(a) a crop of cultivated vegetable
produce, whether standing or cut; (b)
a
crop of hay or grass, whether the natural or indigenous
product of the soil or not, and whether
under cultivation or not, and whether standing or cut;
(c) any standing
trees, saplings,
or shrubs, whether
indigenous or cultivated;
(d) any heath, gorse, furze, or
fern; is guilty of a crime, and is liable to
imprisonment for 14 years. 467 Endangering the
safe use of vehicles and related transport
infrastructure (1) A person
who, with
intent to
prejudice the
safe use
of a vehicle or
related transport infrastructure or to injure property
in a
vehicle or related transport infrastructure, does anything
that endangers, or
is likely to
endanger, the
safe use
of the vehicle or
related transport infrastructure commits a crime.
Maximum penalty—life imprisonment.
(2) In this section— do
anything, for
a person who
has a duty
to do the
thing, includes omit to
do the thing. in includes on. Page 280
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Offences relating to property and contracts Chapter 46
Offences [s 468] related
transport infrastructure includes
a road, railway,
runway, station,
airport, terminal,
wharf, jetty
or other structure
used by
a vehicle to
travel or
by persons using
a vehicle to travel. 468
Injuring animals (1)
Any person who
wilfully and
unlawfully kills,
maims, or
wounds, any
animal capable
of being stolen
is guilty of
an indictable offence.
(2) If the animal in question is stock,
the offender is guilty of a crime, and is
liable to imprisonment for 7 years. (3)
In
any other case the offender is guilty of a misdemeanour,
and
is liable to imprisonment for 2 years, or, if the offence is
committed by night, to imprisonment for 3
years. (4) If the offender (whether guilty of a
crime or a misdemeanour) kills or maims the animal and is
sentenced to pay a fine in addition to, or instead of
imprisonment, the fine shall be not less than 4
penalty units or, where in respect of the animal in
question a
value is
determined in
accordance with
the provisions of the regulations made
pursuant to section 450F, not less than that value, whichever is
the higher amount, for every animal killed or maimed.
(5) However, the fine imposed in respect
of the offence shall not exceed 500 penalty units.
469 Wilful damage (1)
Any
person who wilfully and unlawfully destroys or damages
any
property is guilty of an offence which, unless otherwise
stated, is a misdemeanour, and the person is
liable, if no other punishment is provided, to imprisonment for
5 years. (2) For this section, other than
punishment in special cases, clause 11,
the destruction or
damage of
property that
is a thing
mentioned in section 566(11) is presumed to
be done without the owner’s consent until the contrary is
proved. Current as at 27 November 2013
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Offences relating to property and contracts Chapter 46
Offences [s 469] (3)
For
this section, punishment in special cases, clause 11, the
destruction or
damage of
property is,
until the
contrary is
proved, presumed to be done—
(a) without the owner’s consent;
and (b) if the
property is
fixed in
a cemetery or
at a crematorium— (i)
without the
lawful consent
of the entity
(if any) responsible for
managing and
administering the
cemetery or crematorium; and
(ii) not
in the reasonable belief
that lawful
consent mentioned in
subparagraph (i) has been given. Punishment in
special cases 1 Destroying or damaging premises by
explosion If— (a) the property in
question is premises; and (b) the
destruction or
damage is
caused by
an explosion; and
(c) either— (i)
anyone is in or on the premises when the
explosion happens; or (ii)
the destruction or
damage actually
endangers anyone’s
life; the offender commits a crime.
Maximum penalty—life imprisonment.
2 Sea walls and other property
If— (a) the property in
question is— Page 282 Current as at 27
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Offences relating to property and contracts Chapter 46
Offences [s 469] (i)
a
bank or wall of the sea or inland water; or (ii)
a
work relating to a port or inland water; and (b)
the destruction or
damage causes
an actual danger
of inundation or of damage to land or a
building; the offender commits a crime.
Maximum penalty—life imprisonment.
3 Wills and registers
If the property
in question is
a testamentary instrument, whether the
testator is living or dead, or a register which is
authorised or required by law to be kept for
authenticating or recording the
title to
any property, or
for recording births,
baptisms, marriages, deaths, or burials, or
a copy of any part of any such register which is required by
law to be sent to any public officer, the offender is guilty
of a crime, and is liable to imprisonment for
14 years. 4 Wrecks If the property
in question is a vessel in distress, or wrecked,
or
stranded, or anything which belongs to such a vessel, the
offender is guilty of a crime, and is liable
to imprisonment for 7 years. 5
Railways If the property
in question is any part of a railway, or any work
connected with a railway, the offender is
guilty of a crime, and is liable to imprisonment for 14
years. 6 Aircraft If the property
in question is an aircraft or anything whatever either
directly or
indirectly connected
with the
guidance Current as at 27
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Offences relating to property and contracts Chapter 46
Offences [s 469] control or
operation of an aircraft, the offender is guilty of a
crime, and is liable to imprisonment for 14
years. 7 Other things of special value
If— (a) the property in
question— (i) is a vessel, whether complete or not;
and (ii) is destroyed or
rendered useless; or (b) the property in
question— (i) is a light, beacon, buoy, mark or
signal; and (ii) is
used for
navigation or
for the guidance
of sailors; or (c)
the
property in question is— (i) a bank or wall
of the sea or inland water; or (ii)
a
work relating to a port or inland water; or (d)
the
property in question— (i) is
a manufacturing or
agricultural machine
or another thing
used, or
intended for
use, for
manufacture or for performing a process
connected with the preparation of agricultural
produce; and (ii) is destroyed or
rendered useless; or (e) the property in
question is— (i) a well or bore for water; or
(ii) the dam, bank,
wall, or floodgate of a millpond or pool;
the
offender commits a crime. Maximum penalty—7 years
imprisonment. Page 284 Current as at 27
November 2013
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Offences relating to property and contracts Chapter 46
Offences [s 469] 8
Deeds
and records If the property in question is a document
which is deposited or kept in a public office, or which is
evidence of title to any land or estate in
land, the offender is guilty of a crime, and is liable
to
imprisonment for 7 years. 9 Graffiti
(1) If the property in question is in a
public place, or is visible from a public
place, and the destruction or damage is caused by—
(a) spraying, writing,
drawing, marking
or otherwise applying paint
or another marking substance; or (b)
scratching or etching; the offender
commits a crime and is liable to imprisonment for 7
years. (2) The court may— (a)
whether or
not it imposes
any other penalty
for the offence,
order the
offender to
perform community
service under the Penalties and
Sentences Act 1992 , part 5, division 2,
including for example, removing graffiti from property;
and (b) whether or not it imposes any penalty
for the offence, order the
offender to
pay compensation to
any person under
the Penalties and
Sentences Act
1992 ,
part 3,
division 4. Note
— 1 For the
requirement for the court to make a graffiti removal
order
see the Penalties and Sentences Act 1992
,
part 5A and the Youth Justice Act 1992
,
part 7, division 7A. 2 For the discretion of the court to
order the forfeiture of a thing used
to record, store
or transmit an
image of,
or related to,
the commission of
the offence see
section 469AA.
Current as at 27 November 2013
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Offences relating to property and contracts Chapter 46
Offences [s 469] 10
Educational institutions (1)
If the property
in question is
part of
a school, education
centre, college, university, or another
educational institution, the offender commits a crime and is
liable to imprisonment for 7 years. (2)
The
court may— (a) whether or
not it imposes
any other penalty
for the offence,
order the
offender to
perform community
service work
under the
Penalties and
Sentences Act
1992 , part 5,
division 2 including for example, cleaning or
repairing any
damaged property
that is
part of
an educational institution; and
(b) whether or not it imposes any penalty
for the offence, order the
offender to
pay compensation to
any person under
the Penalties and
Sentences Act
1992 ,
part 3,
division 4. 11
Cemeteries etc. (1)
If
the property in question is— (a)
a
grave, vault, niche or memorial in a cemetery or at a
crematorium; or (b)
a
war memorial; or (c) at a place of religious
worship; the offender commits a crime and is liable
to imprisonment for 7 years. (2)
In
this clause— memorial ,
in a cemetery
or at a
crematorium, includes
the following— (a)
a
headstone; (b) an inscribed plaque or commemorative
plate; (c) a monumental, ornamental or other
structure; Page 286 Current as at 27
November 2013
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Offences relating to property and contracts Chapter 46
Offences [s 469AA] (d)
another thing erected or placed—
(i) to mark the site where human remains
have been buried or placed; or (ii)
to
commemorate a deceased person. 469AA Forfeiture
of thing used to record, store or transmit image of
graffiti (1) This section applies if—
(a) a person
is convicted, whether
on indictment or
summarily, of
an offence against
section 469
that is
punishable under section 469, item 9;
and (b) the person was an adult at the time of
the commission of the offence; and (c)
the
court is satisfied that a thing owned or possessed by
the person was
used to
record, store
or transmit an
image of, or related to, the commission of
the offence. Example of a thing used to record, store or
transmit an image — a camera, mobile phone or
computer (2) When the court is imposing a sentence
on the person for the offence, the court may order the thing
be forfeited to the State. (3) Subsection (2)
applies whether the thing to be forfeited has been seized or
is in its owner’s possession. (4)
The court may
also make
any order that
it considers appropriate to
enforce the forfeiture. (5) This
section does
not limit the
court’s powers
under the
Penalties and
Sentences Act
1992 ,
the Criminal Proceeds
Confiscation Act 2002 or another
law. (6) When forfeited
to the State,
the thing becomes
the State’s property
and may be
dealt with
as directed by
the chief executive. Current as at 27
November 2013 Page 287
Schedule 1 The Criminal Code
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Offences relating to property and contracts Chapter 46
Offences [s 469A] 469A
Sabotage and threatening sabotage
(1) A person who wilfully and unlawfully
destroys or damages a public facility with intent to
cause— (a) major disruption to government
functions; or (b) major disruption to the use of
services by the public; or (c) major economic
loss; is guilty of a crime. Maximum
penalty—25 years imprisonment. (2)
A person who
threatens to
commit sabotage
is guilty of
a crime. Maximum
penalty—14 years imprisonment. (3)
For
subsection (2), a person threatens to commit sabotage if—
(a) the person threatens to unlawfully
destroy or damage a public facility; and (b)
the threat is
made with
the intention of
inducing in
someone else a belief that the threat will
be carried out; and (c) if
the threat were
to be carried
out, the
threatened destruction or
damage would be likely to cause— (i)
major disruption to government functions;
or (ii) major
disruption to
the use of
services by
the public; or (iii)
major economic loss. (4)
A person can
not be prosecuted for
an offence against
subsection (1) or (2) without a Crown Law
Officer’s consent. (5) In this section— damage
, a
public facility, includes disrupt the operation or use
of
the facility. government entity means—
(a) the State; or Page 288
Current as at 27 November 2013
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Offences relating to property and contracts Chapter 46
Offences [s 470] (b)
a
State instrumentality, agency, authority or entity; or
(c) a corporate entity established by an
Act or that is of a description of a corporate entity provided
for by an Act that, in
either case,
collects revenues
or raises funds
under the authority of an Act; or
(d) a government owned corporation;
or (e) another State, the Commonwealth, a
local government or a local government of another State;
or (f) another entity performing a government
function. government functions means functions
of the State, another State, the
Commonwealth, a
local government or
a local government of
another State. public facility means any of the
following, whether publicly or privately
owned— (a) premises or
another place
occupied by
a government entity;
(b) a public infrastructure facility,
including— (i) infrastructure for a water or sewerage
service; and (ii) a facility for
supplying energy or fuel to the public; and
(iii) a facility for a
telecommunication system; and (iv)
roads, railways,
equipment, vehicles
and other infrastructure
for public transport; and (v) other
infrastructure for a community service; (c)
a
public place. 470 Attempts to destroy property by
explosives Any person who,
unlawfully, and
with intent
to destroy or
damage any
property, puts
any explosive substance
in any place
whatever, is
guilty of
a crime, and
is liable to
imprisonment for 14 years.
Current as at 27 November 2013
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Offences relating to property and contracts Chapter 46
Offences [s 470A] 470A
Unlawful deposition of explosive or noxious
substances (1) Any person who wilfully and unlawfully
throws, leaves down, or otherwise deposits any explosive or
noxious substance in any place
whatsoever under
such circumstances that
it may cause injury to
any person or damage to the property of any person,
is guilty of
a misdemeanour and
is liable to
imprisonment for 2 years.
(2) The offender may be arrested without
warrant. 471 Damaging mines (1)
A
person who unlawfully and with intent to damage a mine—
(a) damages a mine; or Example
— obstructing the working of a mine by
running water into the mine or into an underground passage
leading into the mine (b) interferes with
equipment or
infrastructure, whether
complete or not, connected or used with a
mine; commits a crime. Maximum
penalty—7 years imprisonment. (2)
In
this section— damage , a mine,
includes obstruct the working of the mine. equipment
includes machinery, appliance, cable
and apparatus. infrastructure means a road,
building or other structure. interfere
, with equipment
or infrastructure, means
detrimentally interfere with its effective
or efficient operation. 472 Interfering with
marine signals Any person who wilfully and unlawfully
removes, defaces, or renders invisible, any
light, beacon,
buoy, mark,
or signal, used for
purposes of navigation, or for the guidance of sailors,
Page
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Offences relating to property and contracts Chapter 46
Offences [s 473] or unlawfully
attempts to remove, deface, or render invisible,
any such thing,
is guilty of
a crime, and
is liable to
imprisonment for 7 years.
473 Interfering with navigation
works Any person who— (a)
wilfully and
unlawfully removes
or disturbs any
fixed object or
materials used for securing a bank or wall of the sea, or of a
river, canal, aqueduct, reservoir, or inland water, or for
securing any work which appertains to a port, harbour,
dock, canal, aqueduct, reservoir, or inland water,
or which is
used for
purposes of
navigation or
lading or unlading goods; or
(b) unlawfully does
any act with
intent to
obstruct the
carrying on,
completion, or
maintenance, of
the navigation of
a navigable river
or canal, and
thereby obstructs such
carrying on, completion, or maintenance; is guilty of a
crime, and is liable to imprisonment for 7 years.
474 Communicating infectious diseases to
animals Any person who
wilfully and
unlawfully causes,
or is concerned in
causing, or attempts to cause, any infectious or
contagious disease
to be communicated to
or among any
animal or animals capable of being stolen,
is guilty of a crime, and is liable to imprisonment for
life. 475 Travelling with infected
animals Any person who causes any animal which is
infected with an infectious or contagious disease to travel,
or, being the owner or 1 of 2 or more joint owners of any animal
which is infected with an infectious or contagious disease,
permits or connives at the travelling of any such animal,
contrary to the provisions of any
statute relating
to infected animals
of that kind,
is guilty of a crime, and is liable to
imprisonment for 7 years. Current as at 27 November 2013
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Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 48 Forgery
in general—definitions [s 477] 477
Obstructing railways Any person who,
by any unlawful act, or by any intentional omission
to do any
act which it
is the person’s
duty to
do, causes any
engine or
vehicle in
use upon a
railway to
be obstructed in
its passage on
the railway, is
guilty of
a misdemeanour, and is liable to
imprisonment for 2 years. 478 Sending letters
threatening to burn or destroy Any
person who,
knowing the
contents of
the document, causes any
person to receive any document threatening
that any building or vessel, whether complete or
not, or any stack of cultivated vegetable produce, or any such
produce that is in or under a building, shall be burnt or
destroyed, is guilty of a crime, and is liable to imprisonment
for 7 years. 479 Arrest without warrant
Any
person found committing a misdemeanour defined in this
chapter may be arrested without warrant by
the owner of the property injured
or the owner’s
employee or
a person authorised by
the owner or employee. Division 3 Forgery and
like offences—personation Chapter 48
Forgery in general—definitions
484 Definitions In this
division— bank note includes any
negotiable instrument issued by or on behalf of any
person or corporation in any part of the world, Page 292
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Offences relating to property and contracts Chapter 49
Punishment of forgery and like offences [s 488]
or
issued by the authority of any state, prince, or government,
and intended to
be used as
equivalent to
money, either
immediately on
issue or
at any time
afterwards, and
also includes a bank
bill or bank post bill. document does
not include trademarks on
articles of
commerce. seal
includes any
stamp, die,
or other thing,
of whatever material, from
which an impression can be taken by means of pressure or of
ink, or by any other means. Chapter 49
Punishment of forgery and like
offences 488
Forgery and uttering (1)
A
person who, with intent to defraud— (a)
forges a document; or (b)
utters a forged document;
commits a crime. Maximum
penalty— (a) if the document is a valuable
security, insurance policy, testamentary
instrument (whether the testator is living or dead)
or registration document
or is evidence
of an interest in
land—14 years imprisonment; or (b)
if the document
is a power
of attorney, contract
or document kept or issued by lawful
authority other than a document mentioned
in paragraph (a)—7
years imprisonment;
or (c) otherwise—3 years imprisonment.
Current as at 27 November 2013
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Offences relating to property and contracts Chapter 49
Punishment of forgery and like offences [s 498]
(2) Subsection (1)
applies whether
or not the
document is
complete and even though it is not, or does
not purport to be, binding in law. (3)
In
this section— registration document means a document
kept or issued by the registrar under
the Births, Deaths
and Marriages Registration Act
2003 or
an equivalent document
kept or
issued under a law of another jurisdiction,
inside or outside Australia. 498
Falsifying warrants for money payable under
public authority Any
person, who,
being employed
in the public
service, knowingly and
with intent to defraud makes out or delivers to any person a
warrant for the payment of any money payable by public
authority for a greater or less amount than that to
which the person on whose behalf the warrant
is made out is entitled is guilty of a crime, and is liable
to imprisonment for 7 years. 499
Falsification of registers
(1) Any person who, having the actual
custody of any register or record kept by lawful authority,
knowingly permits any entry which, in any
material particular, is to the person’s knowledge
false, to be made in the register or record
is guilty of a crime, and is liable to imprisonment for 7
years. (2) The offender can not be arrested
without warrant. 500 Sending false certificate of marriage
to registrar Any person who signs or transmits to a
person authorised by law to
register marriages
a certificate of
marriage, or
any document purporting to be a
certificate of marriage, which, in any material
particular, is to the person’s knowledge false, is
guilty of a crime, and is liable to
imprisonment for 7 years. Page 294 Current as at 27
November 2013
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Part 6
Offences relating to property and contracts Chapter 49
Punishment of forgery and like offences [s 501]
501 False statements for the purpose of
registers of births, deaths, and marriages Any
person who
knowingly, and
with intent
to procure the
same to
be inserted in
a register of
births, deaths,
or marriages, makes
any false statement
touching any
matter required by law
to be registered in any such register, is guilty
of a
misdemeanour, and is liable to imprisonment for 3 years.
501A Contradictory statements
If, on the
trial for
a person under
section 501,
the jury is
satisfied— (a)
the accused has
made 2
statements and
1 is irreconcilably
in conflict with the other; and (b)
the
accused made 1 of the statements knowing it to be
false; but
the jury is
unable to
say which statement
was falsely made, the jury
may make a special finding to that effect and find the accused
guilty of the offence. 502 Procuring or
claiming unauthorised status Any person
who— (a) by any
false representation procures
any authority authorised by
any statute to issue certificates testifying that
the holders thereof
are entitled to
any right or
privilege, or
to enjoy any
rank or
status, to
issue to
himself, herself or any other person any
such certificate; or (b) falsely
represents to
any person that
the person has
obtained any certificate issued by any such
authority; or (c) by any false representation procures
himself, herself or any other person to be registered on any
register kept by lawful authority as a person entitled to
such a certificate, Current as at 27 November 2013
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Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 51
Preparation for forgery [s 510] or
as a person
entitled to
any right or
privilege, or
to enjoy any rank or status;
is
guilty of a misdemeanour, and is liable to imprisonment for
3
years. Chapter 51 Preparation for
forgery 510 Instruments and materials for
forgery Any person who unlawfully—
(a) makes, or starts or prepares to make,
a thing with intent to use it to forge a document; or
(b) possesses a
thing with
intent to
use it to
forge a
document; or (c)
uses
a thing to forge a document; or (d)
disposes of
a thing that
has been used
to forge a
document; commits a
crime. Maximum penalty—14 years
imprisonment. Chapter 52 Personation 514
Personation in general (1)
Any person who,
with intent
to defraud any
person, falsely
represents himself or herself to be some
other person, living or dead, real or fictitious, is guilty
of an offence which, unless otherwise
stated, is a misdemeanour, and the person is liable
to
imprisonment for 3 years. Page 296 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 6
Offences relating to property and contracts Chapter 54 Other
offences [s 515] (2)
If
the representation is that the offender is a person entitled
by will or
operation of
law to any
specific property,
and the person
commits the
offence with
intent to
obtain such
property or possession thereof, the person
is guilty of a crime, and is liable to imprisonment for 14
years. 515 Falsely acknowledging deeds,
recognisances etc. Any person who, without lawful authority or
excuse, the proof of which lies on the person, makes, in the
name of any other person, before any court or person lawfully
authorised to take such an
acknowledgement, an
acknowledgement of
liability of
any kind, or
an acknowledgement of
a deed or
other instrument, is
guilty of a crime, and is liable to imprisonment
for
7 years. Division 4 Offences
connected with trade and breach of contract
Chapter 54 Other
offences 533 Mixing uncertified with certified
articles When a mark has been attached to any
article, or a certificate has been given with respect to any
article, under the authority of any statute,
for the purpose of denoting the quality of the article, or the
fact that it has been examined or approved by or
under the authority of some public body or
public officer, any person who mixes with the article so marked
or certified any other article which has not been so examined
or approved, is guilty of a misdemeanour, and is liable to
imprisonment for 3 years. Current as at 27
November 2013 Page 297
Schedule 1 The Criminal Code
Part 7
Preparation to commit offences—conspiracy— accessories after the
fact Chapter 55 Attempts and preparation to commit
offences [s 535] Part 7
Preparation to commit offences—conspiracy— accessories after
the fact Chapter 55 Attempts and
preparation to commit offences 535
Attempts to commit indictable
offences (1) If a person attempts to commit a
crime, the person commits a crime.
(2) If a person attempts to commit a
misdemeanour, the person commits a misdemeanour.
536 Punishment of attempts to commit
indictable offences (1) A person
who attempts to
commit an
indictable offence
punishable by
mandatory life
imprisonment is
liable, if
no other punishment is provided, to life
imprisonment. (2) A person
who attempts to
commit an
indictable offence
punishable by
life imprisonment but
not mandatory life
imprisonment is liable, if no other
punishment is provided, to 14 years imprisonment.
(3) A person who attempts to commit any
other indictable offence is liable, if no other punishment is
provided, to a punishment equal to
one-half of
the greatest punishment to
which an
offender convicted of the offence is
liable. (4) In this section— mandatory
life imprisonment means
a penalty of
life imprisonment
that can not be mitigated or varied under this Code or any
other law. Page 298 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 7
Preparation to commit offences—conspiracy— accessories after the
fact Chapter 55 Attempts and preparation to commit
offences [s 538] 538
Reduction of punishment (1)
When a
person is
convicted of
attempting to
commit an
offence, if it is proved that the person
desisted of the person’s own motion
from the
further prosecution of
the person’s intention, without
its fulfilment being
prevented by
circumstances independent of the person’s
will, the person is liable to one-half only of the punishment to
which the person would otherwise be liable.
(2) If the
punishment to
which the
person would
otherwise be
liable for
the attempt is
imprisonment for
life, the
greatest punishment to
which the person is liable is imprisonment for 14 years.
539 Attempts to procure commission of
criminal acts (1) Any person who attempts to procure
another— (a) to do an act or make an omission in
Queensland; or (b) to do an act or make an omission
outside Queensland; being an act or omission of such a nature
that, if the act were done or
the omission made,
an offence would
thereby be
committed— (c)
in
the case referred to in paragraph (a)—under the laws
of
Queensland; or (d) in the case referred to in paragraph
(b)—under the laws in force in
the place where
the act or
omission is
proposed to be done or made;
whether by himself, herself or by the other
person, is guilty of an offence
of the same
kind and
is liable to
the same punishment as if
the person had attempted to do the same act or make the same
omission in Queensland. (1A) However,
in the case
referred to
in subsection (1)(b),
the punishment can not exceed that which
the person would have incurred under the laws in force where
the act or omission was proposed to be done or made, if the
person had attempted to do the proposed act or make the
proposed omission. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 7
Preparation to commit offences—conspiracy— accessories after the
fact Chapter 56 Conspiracy [s 540]
(2) Any person
who, while
out of Queensland, attempts
to procure another
to do an
act or make
an omission 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 is guilty of an offence of the
same kind
and is liable
to the same
punishment as
if the person had
attempted to do the act or make the omission in Queensland. 540
Preparation to commit crimes with dangerous
things A person who
makes, or
knowingly has
possession of,
an explosive substance or other dangerous
or noxious thing— (a) with intent to commit a crime by using
the thing; or (b) to enable anyone to commit a crime by
using the thing; commits a crime. Maximum
penalty—3 years imprisonment. Chapter 56
Conspiracy 541
Conspiracy to commit crime
(1) Any person who conspires with another
to commit any crime, or to
do any act
in any part
of the world
which if
done in
Queensland would be a crime, and which is an
offence under the laws in force in the place where it is
proposed to be done, is guilty of a crime, and is liable,
if no other punishment is provided, to
imprisonment for
7 years; or,
if the greatest
punishment to
which a
person convicted
of the crime
in question is liable is less than
imprisonment for 7 years, then to such lesser
punishment. (2) A prosecution for an offence defined
in this section shall not be instituted without the consent of
the Attorney-General. Page 300 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 7
Preparation to commit offences—conspiracy— accessories after the
fact Chapter 56 Conspiracy [s 542]
542 Conspiracy to commit other
offences (1) Any person
who conspires with
another to
commit any
offence which is not a crime, or to do any
act in any part of the world which if done in Queensland
would be an offence but not a crime, and which is an offence
under the laws in force in the place
where it
is proposed to
be done, is
guilty of
a misdemeanour, and is liable to
imprisonment for 3 years. (2) A prosecution
for an offence defined in this section shall not
be
instituted without the consent of the Attorney-General.
543 Other conspiracies (1)
Any
person who conspires with another to effect any of the
purposes following, that is to say—
(a) to prevent or defeat the execution or
enforcement of any statute law; (b)
to
cause any injury to the person or reputation of any
person, or to depreciate the value of any
property of any person; (c)
to
prevent or obstruct the free and lawful disposition of
any
property by the owner thereof for its fair value;
(d) to injure any person in the person’s
trade or profession; (e) to prevent or
obstruct, by means of any act or acts which if
done by
an individual person
would constitute an
offence on the person’s part, the free and
lawful exercise by any person
of the person’s
trade, profession, or
occupation; (f)
to
effect any unlawful purpose; (g)
to
effect any lawful purpose by any unlawful means;
is
guilty of a misdemeanour, and is liable to imprisonment for
3
years. (2) A prosecution for an offence defined
in this section shall not be instituted without the consent of
the Attorney-General. Current as at 27 November 2013
Page
301
Schedule 1 The Criminal Code
Part 7
Preparation to commit offences—conspiracy— accessories after the
fact Chapter 57 Accessories after the fact
[s
543A] 543A Industrial disputes
(1) Notwithstanding anything
contained in
section 543,
no act done
or omission made
by any 2
or more persons
in contemplation or furtherance of any
industrial dispute, and no agreement or combination by any 2 or
more persons to do any act or make any omission or to procure
any act to be done or omission to be made in contemplation
or furtherance of any industrial dispute, shall render any
of such persons guilty of any offence if such act or omission
when done or made by an individual person would not have
rendered such person guilty of an
offence. (2) For the purposes of this
section— industrial dispute has the same
meaning as in the Industrial Relations Act
1999 . Chapter 57 Accessories
after the fact 544 Accessories after the fact to
offences (1) If a person becomes an accessory after
the fact to a crime, the person commits a crime.
(2) If a
person becomes
an accessory after
the fact to
a misdemeanour, the person commits a
misdemeanour. (3) If a person becomes an
accessory after the fact to a simple
offence, the person commits a simple
offence. 545 Punishment of accessories after the
fact to offences (1) A person
who becomes an
accessory after
the fact to
an indictable offence punishable by
mandatory life imprisonment is
liable, if
no other punishment is
provided, to
life imprisonment. Page 302
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58 Arrest [s 545A]
(2) A person
who becomes an
accessory after
the fact to
an indictable offence
punishable by
life imprisonment but
not mandatory life imprisonment is liable,
if no other punishment is provided, to 14 years
imprisonment. (3) A person who becomes an accessory
after the fact to any other indictable offence
or a simple
offence is
liable, if
no other punishment is
provided, to a punishment equal to one-half of the greatest
punishment to which an offender convicted of the
offence is liable. (4)
In
this section— mandatory life
imprisonment means
a penalty of
life imprisonment
that can not be mitigated or varied under this Code or any
other law. Part 8 Procedure
Chapter 58 Arrest
545A Chapter does not apply to police
officers This chapter does not apply to a police
officer. 546 Arrest without warrant
generally When an
offence is
such that
the offender may
be arrested without warrant
generally— (b) it is lawful for any person who is
called upon to assist a police officer
in the arrest
of a person
suspected of
having committed the offence, and who knows
that the person calling
upon the
person to
assist is
a police officer, to
assist the officer, unless the person knows that
there is no reasonable ground for the
suspicion; and Current as at 27 November 2013
Page
303
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58 Arrest [s 547]
(c) it is lawful for any person who finds
another committing the offence to arrest the other person
without warrant; and (d) if the offence
has been actually committed—it is lawful for any person
who believes on reasonable ground that another person
has committed the offence to arrest that person without
warrant, whether that other person has committed the
offence or not; and (e) it is lawful for any person who finds
another by night, under such
circumstances as
to afford reasonable grounds
for believing that
the other person
is committing the offence, and who does
in fact so believe, to arrest the other person without
warrant. 547 Arrest without warrant in special
cases Where it
is provided with
respect to
an offence that
the offender may
be arrested without
warrant subject
to certain conditions, the
provisions of section 546 apply to the offence in question,
subject to those conditions. 547A
Arrest of persons found committing offences
on aircraft It is lawful for the person in command of an
aircraft, on board the aircraft, and for persons acting with
the person’s authority to arrest or cause to be arrested
without warrant any person whom the person finds committing, or
whom on reasonable grounds the
person suspects
of having committed, or
of having attempted to commit, or of
being about to commit, an offence on or in relation to or
affecting the use of the aircraft and
for that purpose
to use such
force as
the person or
the person arresting
believes, on
reasonable grounds,
to be necessary and is
reasonable under the circumstances. Page 304
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58 Arrest [s 548]
548 Arrest of persons found committing
offences (1) It is lawful for a justice to arrest
without warrant any person whom the justice finds committing any
indictable offence or committing any
simple offence
with respect
to which it
is provided that a person found
committing it may be arrested without
warrant. (2) When it is provided with respect to an
offence that a person found committing the
offence may
be arrested without
warrant generally, it
is lawful for
any person who
finds another
committing the
offence to
arrest the
other person
without warrant. (3)
When
it is provided with respect to an offence that a person
found committing the
offence may
be arrested without
warrant by a specified person, or specified
persons, it is lawful for any such person who finds another
committing the offence to arrest the other person without
warrant. 549 Arrest of offender committing
indictable offences by night It is lawful for
any person who finds another person by night committing any
indictable offence to arrest the other person without
warrant. 550 Arrest during flight
It
is lawful for any person to arrest without warrant any other
person whom the person believes, on
reasonable grounds, to have committed an offence and to be
escaping from, and to be freshly pursued
by, some person
whom, on
reasonable grounds,
the person believes
to have authority
to arrest the
other person for that offence.
551 Arrest of persons offering stolen
property for sale etc. It is
lawful for
any person to
whom another
offers to
sell, pawn,
or deliver, any
property, and
who believes, on
Current as at 27 November 2013
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Procedure Chapter 58A Indictable offences dealt with
summarily [s 552] reasonable grounds,
that the
property has
been acquired
by means of an offence with respect to
which it is provided that a person found
committing it may be arrested without warrant, to arrest that
other person without warrant. 552
Duty
of persons arresting (1) It
is the duty
of a person
who has arrested
another upon
a charge of an offence to take the other
person forthwith before a justice to be dealt with according
to law. (2) However, it
is sufficient for
subsection (1)
if the person
immediately delivers the arrested person
into the custody of a police officer. (3)
The police officer
may receive the
arrested person
into custody.
Note — See also section
137 for a relevant offence and the Police Powers
and Responsibilities Act
2000 , section
393 for the
duties of
the police officer.
Chapter 58A Indictable
offences dealt with summarily 552A
Charges of indictable offences that must be
heard and decided summarily on prosecution
election (1) This section applies to a charge
before a Magistrates Court of any of the
following indictable offences— (a)
an
offence against any of the following provisions—
• section 141 •
section 142 •
section 143 Page 306
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552B] •
section 340; (b)
any
offence involving an assault, not being of a sexual
nature or accompanied by an attempt to
commit a crime, if the maximum
term of
imprisonment for
which the
defendant is
liable is
more than
3 years but
not more than 5
years; (c) the offence of counselling or
procuring the commission of an offence mentioned in paragraph
(a) or (b); (d) the offence
of attempting to
commit an
offence mentioned in
paragraph (a); (e) the offence of becoming an accessory
after the fact to an offence mentioned in paragraph
(a). (2) A charge
to which this
section applies
must be
heard and
decided summarily if the prosecution elects
to have the charge heard and decided summarily.
(3) This section is subject to section
552D. 552B Charges of indictable offences that
must be heard and decided summarily unless defendant elects
for jury trial (1) This section applies to a charge
before a Magistrates Court of any of the
following indictable offences— (a)
an
offence of a sexual nature without a circumstance of
aggravation if— (i)
the
complainant was 14 years of age or over at the time of the
alleged offence; and (ii) the defendant
has pleaded guilty; and (iii) the maximum term
of imprisonment for which the defendant is
liable is more than 3 years; (b)
an
offence against section 339(1); (c)
an offence involving
an assault, other
than an
offence against section
339(1), if— (i) the assault is— Current as at 27
November 2013 Page 307
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552B] (A)
without a circumstance of aggravation;
and (B) is not of a sexual nature; and
(ii) the maximum term
of imprisonment for which the defendant
is liable is
more than
3 years but
not more than 7 years; and
(iii) a
charge of
the offence is
not a charge
to which section 552A
applies; (d) an offence against section
316A; (e) an offence against section
328A(2); (f) an offence against section 359E if the
maximum term of imprisonment for
which the
defendant is
liable is
not more than 5 years; (g)
an
offence against chapter 14, chapter division 2, if the
maximum term
of imprisonment for
which the
defendant is liable is more than 3
years; (h) an offence against chapter 22A, if the
maximum term of imprisonment for which the defendant is
liable is more than 3 years; (i)
an
offence against chapter 42A; (j)
the
offence of counselling or procuring the commission
of
an offence mentioned in any of paragraphs (a) to (i);
(k) the offence
of attempting to
commit an
offence mentioned
in any of
paragraphs (a)
to (i), unless
the offence is
a relevant offence
under section
552BA(4), definition relevant
offence , paragraph (a); (l)
the
offence of becoming an accessory after the fact to an
offence mentioned in any of paragraphs (a)
to (i), unless the offence is
a relevant offence
under section
552BA(4), definition relevant
offence , paragraph (a). (2)
A charge to
which this
section applies
must be
heard and
decided summarily
unless the
defendant informs
the Page 308 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552BA] Magistrates
Court that he or she wants to be tried by jury. (3)
This
section is subject to section 552D. 552BA Charges of
indictable offences that must be heard and decided
summarily (1) This section applies to a charge
before a Magistrates Court of any
indictable offence
against this
Code if
the offence is
a relevant offence. (2)
A charge to
which this
section applies
must be
heard and
decided summarily. (3)
This
section is subject to section 552D. (4)
In
this section— relevant offence means—
(a) an offence against this Code, if the
maximum term of imprisonment for
which the
defendant is
liable is
not more than 3 years; or
(b) an offence against part 6, other
than— (i) an offence mentioned in paragraph (a);
or (ii) an offence
against chapter 42A; or (iii) an
offence that,
under section
552BB, is
an excluded offence. 552BB Excluded
offences (1) An offence is an excluded
offence if the offence is— (a)
an
offence against a provision listed in column 1 of the
following table and— (i)
no
relevant circumstance is listed for the provision
in
column 3; or (ii) both of the
following apply— Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Procedure Chapter 58A Indictable offences dealt with
summarily [s 552BB] (A)
1 or more
relevant circumstances are
listed for the
provision in column 3; (B) at
least 1
of the relevant
circumstances, or
the
relevant circumstance if only 1 relevant circumstance is
listed, applies in relation to the offence;
or (b) the offence of— (i)
counselling or
procuring the
commission of
an offence that
is an excluded
offence under
paragraph (a); or (ii)
attempting to
commit an
offence that
is an excluded offence
under paragraph
(a), unless
the offence is
a relevant offence
under section
552BA(4), definition relevant
offence ,
paragraph (a); or
(iii) becoming an
accessory after the fact to an offence that
is an excluded offence
under paragraph
(a), unless
the offence is
a relevant offence
under section
552BA(4), definition relevant
offence ,
paragraph (a). (2)
Column 2
of the following
table gives
the headings of
the provisions mentioned
in column 1,
and is for
information only.
(3) In this section— prescribed
value means $30000. Page 310
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552BB] Table of
excluded offences Column 1 Column 2
Column 3 Provision of
Code Provision heading Relevant
circumstance section 398 section 399
section 403 section 406
section 408A Punishment
of stealing 1
The
offender is liable to 14 years imprisonment
under clause 1, the value of the yield to the offender,
or the detriment caused, because of the
stealing of the testamentary
instrument is equal to or more than
the
prescribed value and the offender does not plead
guilty. 2 The total value of anything
stolen, other than a testamentary instrument
as
mentioned in clause 1, and as provided for in
the charge for the offence, is equal to or more than the
prescribed value and the offender
does
not plead guilty. 3 The offender is liable to
imprisonment under clause 14 and a
charge for the indictable offence
mentioned in clause 14(b) is to be
heard
and decided on indictment or would be required
to be heard and decided on indictment if the charge
were
laid. Fraudulent concealment
of particular documents The offender is
liable to 14 years imprisonment, the value of the yield
to
the offender, or the detriment caused, because
of the concealment is equal to or more than the
prescribed value and the offender does not plead
guilty. Severing with
intent to steal The value of the
thing made moveable is equal to or more than the
prescribed value and the offender
does
not plead guilty. Bringing stolen goods into
Queensland The value of the property is equal to
or
more than the prescribed value and the offender does
not plead guilty. Unlawful use or possession of
motor vehicles, aircraft or vessels
1 The value of the motor vehicle,
aircraft or vessel is equal to or
more than the prescribed value and the
offender does not plead guilty.
Current as at 27 November 2013
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Procedure Chapter 58A Indictable offences dealt with
summarily [s 552BB] Column 1
Column 2 Column 3
Provision of Code Provision
heading Relevant circumstance 2
The
offender is liable to imprisonment for 10 years and a
charge for the indictable offence
mentioned in section 408A(1A) is to
be
heard and decided on indictment or would be
required to be heard and decided on indictment if the
charge were laid. 3
The
offender is liable to imprisonment for 12 years, the
value of the destruction, damage,
interference or detriment caused, or
the
value of the thing removed, (regardless of the value of the
motor vehicle, aircraft or vessel involved)
is equal to or more than the prescribed
value
and the offender does not plead guilty.
section 408C Fraud
The
value of the property, the yield to the offender or
the detriment caused is equal to or more than the
prescribed value and the offender
does
not plead guilty. section 408E Computer hacking
and misuse The offender is
liable to imprisonment for 10 years, the value
of
the detriment or damage caused, or benefit obtained,
is equal to or more than the prescribed value and the
offender does not plead guilty.
chapter 38, other than Stealing
with sections 413 and 414 violence—extortion by threats
section 419(1) Burglary
1 The offender is liable to
imprisonment for life under section
419(3)(b)(i) or (ii). 2
The
offender is liable to imprisonment for life under
section 419(3)(b)(iv), the value of any
damage caused to property is equal to
or
more than the prescribed value and the offender does
not plead guilty. Page 312 Current as at 27
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Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552BB] Column 1
Column 2 Column 3
Provision of Code Provision
heading Relevant circumstance section
419(4) section 421(2) section
421(3) section 427 Burglary
A
charge for the indictable offence mentioned in
section 419(4) is to be heard and decided on indictment
or would be required to be heard and
decided on indictment if the charge
were
laid. For example, if the indictable offence committed in
the dwelling entered by the offender is
stealing, the total value of what is
stolen is equal to or more than the
prescribed value and the offender
does
not plead guilty to the stealing, a charge for the
offence of stealing would be required to be heard and
decided on indictment, and
accordingly, the offence of entering
the
dwelling in contravention of section 419(4)
would be an excluded offence. Entering or being
in premises and committing
indictable offences A charge for the
indictable offence mentioned in section 421(2) is to be
heard
and decided on indictment or would be required
to be heard and decided on indictment if the charge
were
laid. Entering or being in 1
A
charge for the indictable offence premises
and mentioned in section 421(3) is to be
committing indictable heard and decided
on indictment or offences would be required
to be heard and decided on indictment if the charge
were
laid. 2 The value of any damage caused
by the break is equal to or more than
the prescribed value and the offender
does
not plead guilty. Unlawful entry of 1
The
offender is liable to vehicle for committing
imprisonment for 14 years under
indictable offence section
427(2)(b)(i) or (ii). 2 The offender is
liable to imprisonment for 14 years under
section 427(2)(b)(iv), the value of
any damage caused to property is equal to
or
more than the prescribed value and the offender does
not plead guilty. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Procedure Chapter 58A Indictable offences dealt with
summarily [s 552BB] Column 1
Column 2 Provision of
Code Provision heading section 430
Fraudulent falsification of
records section 433 section 435
chapter 44 section 461
section 462 section 463
section 467 section 468
Receiving tainted property
Taking reward for recovery of
property obtained by way of indictable
offences Offences analogous to stealing relating
to animals Arson
Endangering particular
property by fire Setting fire to crops
and
growing plants Endangering the safe use of vehicles
and related transport infrastructure Injuring
animals section 469 Wilful
damage Column 3 Relevant
circumstance The value of the yield to the
offender because of the act or omission
mentioned in section 430(a), (b),
(c), (d) or (e), or the value of the
detriment caused by that act or
omission, is equal to or more than
the prescribed value and the offender
does
not plead guilty. The value of the tainted property is
equal
to or more than the prescribed value and the
offender does not plead guilty. The value of the
benefit mentioned in section 435(b) is equal to or more
than
the prescribed value and the offender does not
plead guilty. The value of the animal the subject
of the offence is equal to or more than
the
prescribed value and the offender does not plead
guilty. The offender is liable to
imprisonment for 7 years, the value
of
the animal the subject of the offence is equal
to or more than the prescribed value and the offender
does
not plead guilty. The offender is liable to punishment
under
clause 1 (Destroying or damaging premises by explosion),
2 (Sea walls and other property), 5
(Railways), 6 (Aircraft) or 7 (Other
things of special value).
Page
314 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552BB] Column 1
Column 2 Provision of
Code Provision heading section
469A section 470 section 471
Sabotage and threatening
sabotage Attempts to destroy property by
explosives Damaging mines section 472
Interfering with marine
signals section 473 Interfering
with navigation works section 474
section 488 Communicating infectious
diseases to animals Forgery and
uttering section 498 Falsifying
warrants for money payable under public
authority Column 3 Relevant
circumstance The value of the damage or
interference caused is equal to or
more
than the prescribed value and the offender does
not plead guilty. The value of any damage or detriment
directly attributable to the
commission of the offence, including,
for
example, economic loss arising from disruption
to shipping, is equal to or more than the prescribed
value and the offender does not plead
guilty. The value of any
damage or detriment directly attributable to the
commission of the offence, including,
for
example, economic loss arising from disruption
to shipping, is equal to or more than the prescribed
value and the offender does not plead
guilty. The value of the
animal or animals the subject of the offence is equal
to or more than the prescribed value and
the
offender does not plead guilty. The offender is
liable to 7 years or 14 years imprisonment, the value of
the yield to the offender, or the
detriment caused, involved in the forgery or
uttering is equal to or more than the
prescribed value and the offender
does
not plead guilty. The value of the yield to the
offender, or the detriment caused, involved in
the
making out or delivering of the warrant is equal
to or more than the prescribed value and the offender
does
not plead guilty. Current as at 27 November 2013
Page
315
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552C] Column 1
Column 2 Provision of
Code Provision heading section 514
Personation in general Column 3
Relevant circumstance The offender is
liable to imprisonment for 14 years, the value
of
the property mentioned in section 514(2) is equal
to or more than the prescribed value and the offender
does
not plead guilty. 552C Constitution of Magistrates
Court (1) A Magistrates Court that summarily
deals with an indictable offence under this chapter must be
constituted by— (a) a magistrate; or (b)
justices appointed under subsection (3) for
the place at which the Magistrates Court is being
held. (2) Jurisdiction of the justices mentioned
in subsection (1)(b) is limited to an offence—
(a) that is dealt with on a plea of
guilty; and (b) that the justices consider they may
adequately punish by the imposition of a penalty not more
than the maximum penalty they may impose under section 552H;
and (c) for an
offence involving
property—that involves
property, or property damage or destruction,
of a value not more than $2500. (3)
For subsection (1)(b),
the Attorney-General may
by gazette notice
appoint a
justice for
a place specified
in the gazette
notice. (4)
A
justice appointed under subsection (3) must be a justice of
the peace (magistrates court)
who the Attorney-General is
satisfied has appropriate
qualifications. (5) A gazette
notice may
only specify
a place appointed
for holding a Magistrates Court—
Page
316 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552D] (a)
that
is within a local government area of an indigenous
local government under
the Local Government Act
2009 ; or
(b) that the Attorney-General considers is
remote. (6) The Justices
of the Peace
and Commissioners for
Declarations Act
1991 ,
section 29(4)(a)
is subject to
subsections (1) to (3). Editor’s
note — Justices of the Peace and
Commissioners for Declarations Act 1991 ,
section 29(4)(a)— (4)
A
justice of the peace (magistrates court), in the exercise of
any power to
constitute a
court for
the purpose of
a proceeding is
limited to— (a)
the
hearing and determination of a charge of a simple offence
or a
regulatory offence pursuant to proceedings taken under the
Justices Act 1886 in a case where
the defendant pleads guilty; Justices Act
1886 , section 4— simple
offence means any offence (indictable or not)
punishable, on summary conviction before a Magistrates
Court, by fine, imprisonment, or
otherwise. 552D When Magistrates Court must abstain
from jurisdiction (1) A Magistrates Court
must abstain
from dealing
summarily with a charge
under section 552A, 552B or 552BA if satisfied, at
any stage, and
after hearing
any submissions by
the prosecution and
defence, that
because of
the nature or
seriousness of the offence or any other
relevant consideration the defendant, if convicted, may not
be adequately punished on summary conviction.
(2) A Magistrates Court
must abstain
from dealing
summarily with
a charge under
section 552BA
if satisfied, on
an application made by the defence, that
because of exceptional circumstances the
charge should
not be heard
and decided summarily. Current as at 27
November 2013 Page 317
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552E] Examples of
exceptional circumstances — 1
There
is sufficient connection between the offence the subject of
the charge, and other offences allegedly
committed by the defendant and to be tried on indictment, to
allow all the offences to be tried together.
2 There is an important issue of law
involved. 3 An issue of general community
importance or public interest is involved, or the
holding of a trial by jury is justified in order to
establish contemporary community
standards. (2A) A
Magistrates Court
must abstain
from dealing
summarily with
a charge if
the defendant is
alleged to
be a vicious
lawless associate
under the
Vicious Lawless
Association Disestablishment
Act 2013 . (3) If the court
abstains from jurisdiction, the proceeding for the
charge must be conducted as a committal
proceeding. 552E Charge may be heard and decided where
defendant arrested or served Without limiting
the places a charge may be heard summarily under section
552A, 552B or 552BA, the charge may also be heard and
decided at a place appointed for holding magistrates
courts within
the district in
which the
accused person
was arrested on
the charge or
served with
the summons for
the charge under the Justices Act
1886 . 552F Time for
prosecution If a Magistrates Court hears and decides a
charge summarily under section 552A, 552B or 552BA, the
Magistrates Court has jurisdiction despite the time that has
elapsed from the time when the matter of complaint of the
charge arose. 552G Value of property affecting
jurisdiction to be decided by Magistrates
Court For section 552BB,
the value of
property or
of damage to
property is the value as decided by the
Magistrates Court. Page 318 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552H] 552H
Maximum penalty for indictable offences
dealt with summarily (1)
A
person is liable on summary conviction under section 552A,
552B
or 552BA to a maximum penalty of— (a)
if the Magistrates Court
is constituted by
a magistrate—100 penalty units or 3
years imprisonment; or (b) if the
Magistrates Court is constituted by justices under
section 552C(1)(b)—100 penalty
units or
6 months imprisonment. (2)
However, in no case may the person be
punished more than if the offence had been dealt with on
indictment. 552I Procedure under section 552B
(1) This section
applies to
any charge for
an offence to
which section 552B
applies. (2) If the
defendant is
not legally represented, the
Magistrates Court is
required— (a) to state the substance of the charge
to the defendant; and (b) to explain to
the defendant that he or she is entitled to be tried by a jury
and is not obliged to make any defence; and
(c) to ask the defendant whether he or she
wants the charge to be dealt with summarily.
(3) Whether or not the defendant is
legally represented, unless the defendant
informs the Magistrates Court that he or she wants
to
be tried by a jury, the Magistrates Court must ask whether
the
defendant is guilty or not guilty of the offence.
(4) If the
defendant says
‘guilty’ the
Magistrates Court
must convict.
(5) If the defendant says ‘not guilty’ the
Magistrates Court must hear the defence. Current as at 27
November 2013 Page 319
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 58A Indictable offences dealt with
summarily [s 552J] (6)
After the defendant enters a plea, the
Magistrates Court must then deal with the charge
summarily. (7) Unless a
defendant’s criminal
history is
admissible in
evidence, the Magistrates Court must not
have any regard to the defendant’s criminal history—
(a) before receiving a plea of guilty or
making any decision of guilt; or (b)
for
deciding whether the defendant may be adequately
punished on summary conviction.
552J Appeals against decision to decide
charge summarily (1) This section
applies if
a person is
summarily convicted
or sentenced under section 552A, 552B or
552BA. (2) The grounds on which the person may
appeal include that the Magistrates Court
erred by
deciding the
conviction or
sentence summarily. (3)
The grounds on
which the
Attorney-General may
appeal against sentence
include that the Magistrates Court erred by deciding the
sentence summarily. (4) On an
appeal against
sentence relying
on a ground
that the
Magistrates Court erred by proceeding
summarily, the court deciding the
appeal may,
if it decides
to vary the sentence,
impose the sentence the court considers
appropriate up to the maximum sentence that could have been
imposed if the matter had been dealt with on
indictment. Page 320 Current as at 27
November 2013
Chapter 59 Schedule 1 The
Criminal Code Part 8 Procedure Chapter 59
Jurisdiction—preliminary proceedings—bail [s 553]
Jurisdiction—preliminary proceedings—bail 553
Jurisdiction The jurisdiction
of courts of justice with respect to the trial of
offenders is set forth in the laws relating
to the constitution and jurisdiction of those courts
respectively. 554 Preliminary proceedings on charges of
indictable offences The
practice and
procedure relating
to the examination and
committal for trial of persons charged with
indictable offences are set forth in the laws relating to
justices of the peace, their powers and
authorities. 557 Place of trial (1)
A
person charged with committing an offence may be tried in
any jurisdiction within
which any
act or omission
or event which is an
element of the offence takes place. (2)
A
person charged with stealing any property may also be tried
in any jurisdiction within
which the
person has
the stolen property in the
person’s possession. (3) A person charged
with stealing anything while employed in the public
service may also be tried in any jurisdiction within
which the person is arrested or is in
custody. (4) A person
charged with
an offence which
involves the
receiving of any property by the person may
also be tried in any jurisdiction within which the person has
the property in the person’s possession. (5)
A
person charged with forging anything, or with uttering any
false document or writing or anything
counterfeit, may also be tried in any jurisdiction within which
the person is arrested or is in custody. Current as at 27
November 2013 Page 321
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 59 Jurisdiction—preliminary
proceedings—bail [s 558] (6)
A person who
is charged with
counselling or
procuring the
commission of
an offence, or
with becoming
an accessory after
the fact to
an offence, may
also be
tried in
any jurisdiction within
which the
principal offender
might be
tried. (7)
A
person who is charged with an offence committed out of
Queensland, and who may lawfully be tried in
Queensland, may be tried
in any jurisdiction within
which the
person is
arrested or is in custody.
(8) If a person is charged with committing
an offence for which the person
may lawfully be
tried in
Queensland and
it is uncertain where
the offence was committed, the person may be tried in any
jurisdiction within which the person is arrested
or
is in custody. (9) A person
charged with
committing an
offence can
be tried with the
person’s consent in any jurisdiction. 558
Persons brought before wrong court
(1) If on the trial of a person charged
with any offence before any court it appears
that the person is not properly triable before that
court under
any of the
provisions of
section 557,
the person is not by reason thereof
entitled to be acquitted, but the court may, at
the request of the accused person, discharge the
jury
from giving a verdict, and direct that the person be tried
before some proper court, and may remand the
person for trial accordingly. (2)
If the person
does not
make such
request, the
trial is
to proceed, and the verdict and judgment
have the same effect in all respects as if the court had
originally had jurisdiction to try the accused
person. (3) This section does not affect the right
of an accused person to plead to the jurisdiction of a
court. Page 322 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 59 Jurisdiction—preliminary
proceedings—bail [s 559] 559
Change of place of trial (1)
When
a person has been committed for trial for an indictable
offence at a court held at any place,
whether the person has been granted bail or not, the Supreme
Court or a judge thereof may, on
the application of
the Crown or
of the accused
person, and upon good cause shown order that
the trial shall be held at some other place, either before
the same court or before some other court of competent
jurisdiction, at a time to be named in the order.
(2) When an indictment has been presented
against any person in the Supreme Court, the court may, on
the application of the Crown or the accused person, order
that the trial shall be held at
some place
other than
that named
in the margin
of the indictment and
at a time to be named in the order. (3)
An application for
a change of
the place of
trial for
an indictable offence shall be granted if
based upon the facts— (a) that the accused
person has been committed for trial for another
indictable offence at a court held at any other place or that an
indictment has been presented to a court held at any
other place charging the accused person with another offence;
and (b) that the charge for the offence in
respect of which the application is
made and
the charge for
the offence referred to in
paragraph (a) could have been joined in the same
indictment, had the offences been committed at the same
place; unless good cause is shown for not granting
the application. (4) When an order is made under the
provisions of this section, the consequences
are the same in all respects, and with regard to all persons,
as if the accused person had been committed for
trial at
the place named
in the order
and at the
sittings named therein;
and, if the person has been granted bail, the undertakings as
to bail are to be deemed to be enlarged to that time and place
accordingly. Current as at 27 November 2013
Page
323
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 60 Indictments [s 559A]
Chapter 60 Indictments 559A
Definition for ch 60 In this
chapter— DPP presenter means
a person, other
than a
Crown prosecutor, appointed
or employed in,
or engaged by,
the Office of
the Director of
Public Prosecutions who
is authorised in writing by the director
of public prosecutions to present an indictment for the
director. 560 Presenting indictments
(1) When a person charged with an
indictable offence has been committed for
trial and it is intended to put the person on trial
for the offence,
the charge is
to be reduced
to writing in
a document which is called an
indictment. (2) The indictment is to be signed and
presented to the court by a Crown Law
Officer, a Crown prosecutor or some other person
appointed in that behalf by the Governor in
Council. (3) If a
person has
been committed
for trial for
an indictable offence that may
be tried in the District Court, a Crown Law Officer or a
Crown prosecutor may present the indictment to either the
Supreme Court or District Court. (4)
In deciding the
court to
which the
indictment is
to be presented, the
Crown Law Officer or Crown prosecutor must have regard
to— (a) the complexity of the case; and
(b) the seriousness of the alleged
offence; and (c) any particular importance attaching to
the case; and (d) any other relevant
consideration. (5) Also, if an indictment is signed by a
person authorised to sign the indictment under
this section,
a DPP presenter
may present the indictment to the court
stated in the indictment. Page 324 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 60 Indictments [s 560A]
560A Place where indictment is
presented (1) An indictment may be presented to the
court at the place of trial named in the margin of the
indictment (the place of trial )
or
at another place. (2) If an indictment is presented to the
court at a place other than the place of
trial— (a) the indictment is
taken to
have been
presented to
the court at the place of trial;
and (b) anything that may be done by, or in
relation to, the court at the place of trial may also be done
by, or in relation to, the court at the other place; and
Example —
An
application under section 590AA may be made to, and dealt
with
by, the court at the other place or at the place of trial.
(c) as soon as practicable after the
indictment is presented, the proper
officer of
the court at
the other place
must transfer the
indictment to the court at the place of trial. 561
Ex
officio indictments (1) A Crown Law Officer may sign and
present an indictment in any court of criminal jurisdiction
against any person for any indictable offence,
whether the
accused person
has been committed for
trial or not. (2) A Crown prosecutor or a person
appointed by the Governor in Council
to sign and
present indictments in
any court of
criminal jurisdiction may
sign and
present an
indictment in
that
court against any person for any indictable offence within
the
jurisdiction of the court, whether the accused person has
been
committed for trial or not and against any person for an
indictable offence
who with the
person’s prior
consent has
been
committed for trial or for sentence for an offence before
that
court. Current as at 27 November 2013
Page
325
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 60 Indictments [s 562]
(3) Also, if an indictment is signed by a
person authorised to sign the indictment under
this section,
a DPP presenter
may present the indictment to the court
stated in the indictment. 562 Arrest of person
charged in ex officio indictment When an
indictment has been presented against a person who
is
not in custody, and has not been committed for trial or held
to
bail to attend to be tried upon the charge set forth in the
indictment, or who does not appear to be
tried upon the charge set forth in the indictment, a judge
of the court in which the indictment is presented may issue a
warrant under the judge’s hand to arrest the accused person and
bring the person before a justice of the peace; and the
justice before whom the person is brought may
commit the person to prison until the person can be tried on
the indictment, or may, in a proper case, grant bail.
563 Nolle prosequi (1)
A
Crown Law Officer may inform any court, by writing under
the officer’s hand,
that the
Crown will
not further proceed
upon
any indictment, or in relation to any charge contained in
any
indictment, then pending in the court. (2)
A
Crown prosecutor or a person appointed by the Governor in
Council to
present indictments in
any court of
criminal jurisdiction may
inform that court, by signed writing, that the Crown
will not
further proceed
upon any
indictment, or
in relation to
any charge contained
in any indictment, then
pending in that court. (3)
When such
information is
given to
the court the
accused person is to be
discharged from any further proceedings upon that indictment
or charge. Page 326 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 60 Indictments [s 564]
564 Form of indictment (1)
An
indictment is to be intituled with the name of the court in
which it
is presented, and
must, subject
to the provisions hereinafter contained, set
forth the
offence with
which the
accused person is charged in such a manner,
and with such particulars as to the alleged time and place
of committing the offence, and as to the person (if any)
alleged to be aggrieved, and as
to the property
(if any) in
question, as
may be necessary to
inform the accused person of the nature of the charge.
(2) If any
circumstance of
aggravation is
intended to
be relied upon, it must be
charged in the indictment. (3) It is sufficient
to describe an offence in the words of this Code
or
of the statute defining it. (4)
The place of
trial is
to be named
in the margin
of the indictment. 565
General rules applicable to
indictments The following rules are applicable to all
indictments— (a) any document or other thing may be
described by any name or designation by which it is usually
known, and any document may be described by its purport
without setting out a copy or facsimile of the whole
or any part of it; (b)
a trademark may
be described by
that name,
and any other
mark may
be described in
any way which
will indicate
its nature, without
setting out
a copy or
facsimile of it; (c)
it is not
necessary to
set forth the
value of
anything mentioned
in an indictment unless
the value is
an essential element of the
offence; (d) it is not necessary to set forth the
means or instrument by which any
act is done,
unless the
means or
instrument are an essential element of the
offence; Current as at 27 November 2013
Page
327
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 60 Indictments [s 566]
(e) it is not necessary to set forth any
particulars as to any person or thing which need not be
proved, nor any other matter which need not be
proved. 566 Particular indictments
(1) In an indictment for an offence
relating to giving information or a document
that a person knows is false or misleading, it is
enough to
state the
information or
document was
‘false or
misleading’ to
the person’s knowledge, without
specifying whether it was
false or whether it was misleading. (2)
In an indictment for
an offence which
relates to
taking or
administering an
oath or
engagement, or
to giving false
testimony or
to making a
false statement
on solemn declaration or
otherwise, or to procuring the giving of false testimony
or the making
of a false
statement, it
is not necessary to set
forth the words of the oath or engagement or testimony
or statement, but
it is sufficient to
set forth the
purport thereof, or so much of the purport
as is material. (3) In an indictment for an offence which
relates to giving false testimony, or procuring or attempting
to procure the giving of false testimony, it is not necessary
to allege the jurisdiction of the
court or
tribunal before
which the
false testimony
was given, or intended or proposed to be
given. (5) In an indictment in which it is
necessary to mention money, such
money may
be described simply
as money, without
specifying any particular form of
money. (5A) Such
an averment, so
far as regards
the description of
the property, will be sustained by proof
that the offender obtained or dealt with anything which is
included in the term ‘money’, or any portion
of the value, in such a manner as to constitute the offence,
although the thing was delivered to the offender
in
order that some part of the value thereof should be returned
to
the person who delivered the same or to some other person,
and
has been returned accordingly. Page 328
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 60 Indictments [s 566]
(6) In an
indictment in
which it
is necessary to
mention any
co-owners of
property it
is sufficient to
name 1
of such persons, adding
the words ‘and another’ or ‘and others’, as the case
may be, and
to state that
the property belonged
to the person so named
and another or others, as the case may be. (7)
In
an indictment against a man for an offence committed by
him
with respect to his wife’s separate property, the property
may
be alleged to be the property of the wife. (8)
In
an indictment for an offence relating to any property of a
company which is authorised to sue and be
sued in the name of a public
officer, the
property may
be alleged to
be the property of the
public officer. (9) In an indictment for an offence
relating to any property which by any statute
is to be deemed to be the property of any officer
of
any institution, the property in question may be alleged to
be
the property of the officer of the institution for the time
being by the officer’s name of
office. (10) In
an indictment for
an offence relating
to a testamentary instrument, it
is not necessary to allege that the instrument is
the
property of any person. (11) In an indictment
for an offence relating to anything fixed in a square, street
or cemetery or at a crematorium, or in a place dedicated to
public use or ornament, or to anything in or taken
from
a public office, it is not necessary to allege that the
thing in respect of which the offence is committed
is the property of any person. (12)
In
an indictment for an offence relating to a document which
is
evidence of title to land or an estate in land, the document
may
be described as being evidence of the title of the person
or
some 1 of the persons having an estate in the land to which
the document relates,
the land or
some part
thereof being
described in some manner sufficient to
identify it. (13) In
an indictment for
stealing a
chattel or
fixture let
to the offender,
the chattel or
fixture may
be described as
the property of the person who actually
let it to hire. Current as at 27 November 2013
Page
329
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 60 Indictments [s 567]
(14) In
an indictment against
a person employed
in the public
service for
an offence committed
with respect
to anything which
came into
the person’s possession by
virtue of
the person’s employment, the thing in
question may be described as the property of Her Majesty.
(15) In
an indictment for
an offence respecting any
property (whether within
the meaning of section 1 or section 408C), if it
is uncertain to
which of
2 or more
persons the
property belonged
at the time
when the
offence was
committed, the
property may
be described as
being the
property of
one or other
of such persons,
naming each
of them, but
without specifying which
of them; and
the indictment will
be sustained, so far as regards the
allegation of ownership, upon proof
that at
the time when
the offence was
committed the
property belonged
to one or
other of
such persons
without ascertaining
which of them. (16) In an indictment
for the offence of obtaining or inducing the delivery of
anything dishonestly, or of attempting to commit,
or
to procure the commission of, any such offence, it is not
necessary to mention the owner of the
property in question. (17) In an indictment
for an offence which involves any fraud or fraudulent
pretence, it is not necessary to set forth the details
of
the fraud or pretence or trick or device. 567
Joinder of charges (1)
Except as otherwise expressly provided, an
indictment must charge 1 offence only and not 2 or more
offences. (2) Charges for more than 1 indictable
offence may be joined in the same indictment against the same
person if those charges are founded on the same facts or are,
or form part of, a series of offences
of the same
or similar character
or a series
of offences committed in the prosecution
of a single purpose. (3) Where more than
1 offence is charged in the same indictment, each offence
charged shall be set out in the indictment in a separate
paragraph called a count and the several
statements Page 330 Current as at 27
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Schedule 1 The Criminal Code
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Procedure Chapter 60 Indictments [s 568]
of the offences
may be made
in the same
form as
in other cases
without any
allegation of
connection between
the offences. (4)
Counts shall be numbered
consecutively. 568 Cases in which several charges may be
joined (1) In an
indictment against
a person for
stealing property
the person may
be charged and
proceeded against
on 1 charge
even
though— (a) the property belongs to the same
person or to different persons; or (b)
the
property was stolen over a space of time; or (c)
different acts
of stealing took
place at
different times,
whether or not the different acts can be
identified. (2) In an indictment against a trustee to
whom the Trust Accounts Act
1973 applies,
for stealing money,
the trustee may
be charged and
proceeded against
for the amount
of a general
deficiency notwithstanding that
such general
deficiency is
made
up of any number of specific sums of money, such sums
being the property of different persons, the
taking, destruction or conversion of which extended over any
space of time. (2A) For
subsection (2),
the reference to
a trustee to
whom the
Trust Accounts Act 1973 applies includes
a legal practitioner associate of a law practice, within
the meaning of the Legal Profession Act
2007 , if part 3.3 of
the Legal Profession Act
2007 applies to the
law practice. (3) In an indictment against a person for
fraud the person may be charged and proceeded against on 1
charge even though— (a) any number of specific frauds of the
same type has been committed, whether or not each specific act
of fraud can be identified; or (b)
the
frauds have extended over any space of time; or Current as at 27
November 2013 Page 331
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Procedure Chapter 60 Indictments [s 568]
(c) property applied
belongs to
different persons,
and has come
into the
possession or
control of
the accused person at
different times and subject to different trusts,
directions, conditions, or duties to
account; or (d) the property, benefit, detriment or
inducement belongs to or is caused to different persons.
(4) In an indictment against a person for
receiving property the person may
be charged and
proceeded against
on 1 charge
even
though— (a) the property belongs to different
persons; or (b) the property was received over a space
of time; or (c) different acts of receiving took place
at different times, whether or not the different acts can be
identified. (5) In an indictment against a person for
forgery or uttering the person may
be charged and
proceeded against
on 1 charge
even
though— (a) any number of separate forgeries or
utterings has been committed, whether or not the separate acts
of forgery or uttering can be identified; or
(b) the forgeries or utterings have
extended over any space of time; or (c)
there was
an intent to
defraud one
or more than
one person. (5A)
In
an indictment against a person for obtaining or dealing with
identification information under section
408D, the person may be charged and proceeded against on 1
charge even though— (a) the identification information relates
to different entities;
or (b) the identification information was
obtained or dealt with over a space of time; or
(c) different acts
of obtaining or
dealing with
the identification information took place
at different times, whether or not the different acts can be
identified. Page 332 Current as at 27
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Procedure Chapter 60 Indictments [s 568]
(6) Any 2 or all of the following charges
may be joined in the same indictment (a subsection (6)
indictment )— (a) entering or
being in a dwelling or premises and stealing property in the
dwelling or premises; (b) stealing
all or part
of property the
subject of
the indictment; (c)
receiving all
or part of
property the
subject of
the indictment having
reason to
believe the
property is
stolen. (7)
If a
subsection (6) indictment is preferred against a person, the
person may,
according to
the evidence, be
convicted of
the offence mentioned in subsection
(6)(a), the offence mentioned in
subsection (6)(b)
or the offence
mentioned in
subsection (6)(c).
(8) If a subsection (6) indictment is
preferred against 2 or more persons—
(a) all or any of them may, according to
the evidence, be convicted of the offence mentioned in
subsection (6)(a), the offence mentioned
in subsection (6)(b)
or the offence
mentioned in subsection (6)(c); or (b)
1 or
more of them may, according to the evidence, be convicted of 1
of the offences and the other or others of them may be
convicted of another of the offences, or of 1 or the other
of the other offences. (9) However, if the
jury finds specially— (a) that a person
charged on a subsection (6) indictment— (i)
entered or was in a dwelling or premises and
stole property in the dwelling or premises;
or (ii) stole
all or part
of property the
subject of
the indictment; or (iii)
received all or part of property the subject
of the indictment having reason to believe the
property to have been stolen; or Current as at 27
November 2013 Page 333
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Procedure Chapter 60 Indictments [s 568]
(b) that a
person charged
on a subsection (6)
indictment committed
1 of any
2 of the
offences mentioned
in paragraph (a); but
can not say
which of
the offences (the
alternative offences
)
was committed by the person, the trial judge must
enter a conviction against the person for 1
of the alternative offences in accordance with subsection
(10). (10) For subsection
(9), the trial judge must enter a conviction for
the
following offence— (a) if the
same maximum
penalty is
provided for
the alternative offences, the alternative
offence decided by the trial judge; (b)
if a
particular maximum penalty is provided for 1 of the
alternative offences
and the same
lower maximum
penalty is provided for the other
alternative offences, 1 of the
other alternative offences
decided by
the trial judge;
(c) otherwise, the alternative offence for
which the lowest or lower maximum penalty is provided.
(10A) In
an indictment against
a person for
an offence against
section 228A,
228B, 228C
or 228D, the
person may
be charged and
proceeded against
on 1 charge
for the offence
even
though— (a) any number
of separate acts
constituting the
offence have been
committed, whether or not the separate acts constituting the
offence can be identified; or (b)
the
separate acts constituting the offence have extended
over
any space of time; or (c) different
acts constituting the
offence took
place at
different times, whether or not the
different acts can be identified. (11)
Any number of
persons charged
with committing or
with procuring
the commission of
the same offence,
although at
different times,
or of being
accessories after
the fact to
the Page 334 Current as at 27
November 2013
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Part 8
Procedure Chapter 60 Indictments [s 569]
same
offence, although at different times, and any number of
persons charged
with receiving, although
at different times,
any
property which has been obtained by means of a crime or
misdemeanour, or
by means of
an act which
if it had
been done in
Queensland would be a crime or misdemeanour and which is an
offence under the laws in force in the place where
it
was done, or any part of any property so obtained, may be
charged with substantive offences in the
same indictment, and may be
tried together
notwithstanding that
the principal offender
or the person
who so obtained
the property is
not included in the same indictment, or is
not amenable to justice. (12) Any number of
persons charged with committing different or separate
offences arising substantially out of the same facts or
out of closely
related facts
so that a
substantial part
of the facts is
relevant to all the charges may be charged in the same
indictment and tried together.
569 Accessories A person who
counsels or procures another person to commit an
offence, or
who aids another
person in
committing an
offence, or who does or omits to do any act
for the purpose of enabling or aiding another person to commit
the offence, or who becomes an accessory after the fact to
an offence, may be charged in
the same indictment with
the principal offender,
and
may be tried with the principal offender or separately, or
may be indicted
and tried separately, whether
the principal offender
has or has
not been convicted, or
is or is
not amenable to justice.
570 Statement of previous
conviction In an indictment for
an offence charged
to have been
committed after a conviction for any
offence, it is sufficient, after charging the subsequent offence,
to state the substance and effect of the indictment or
complaint, and the conviction, for
the previous offence,
and the time
and place of
such conviction. Current as at 27
November 2013 Page 335
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Part 8
Procedure Chapter 60 Indictments [s 571]
571 Formal defects (1)
An indictment is
not open to
objection by
reason of
the designation of
any person by
a name of
office or
other descriptive appellation instead
of by the
person’s proper
name, nor for omitting to state the time at
which the offence was committed, unless the time is an
essential element of the offence, nor
for stating imperfectly the
time at
which the
offence was
committed, nor
for stating the
offence to
have been committed
on an impossible day, or on a day that never happened or has
not yet happened. (2) An objection to an indictment for a
formal defect apparent on its face
must be
taken by
motion to
quash the
indictment before the jury
is sworn, and not afterwards. 572
Amendment of indictments (1)
If,
on the trial of a person charged with an indictable offence,
there appears to be a variance between the
indictment and the evidence, or it appears that any words that
ought to have been inserted in the indictment have been
omitted, or any count that ought to
have been
included in
the indictment has
been omitted, or that
any words that ought to
have been
omitted have
been inserted,
the court may,
if it considers
that the
variance, omission, or insertion, is not
material to the merits of the case, and that the accused
person will not be prejudiced thereby
in the person’s
defence on
the merits, order
the indictment to be amended, so far as it
is necessary, on such terms (if any) as to postponing the
trial, and directing it to be had
before the
same jury
or another jury,
as the court
may think reasonable. (2)
The indictment is
thereupon to
be amended in
accordance with the order
of the court. (3) If the court is satisfied no injustice
will be done by amending the indictment, the
court may
make the
order at
any time before, or at
any stage of, the trial on the indictment, or after
verdict. Page 336
Current as at 27 November 2013
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Procedure Chapter 61 Effect of indictment
[s
573] (4) When an indictment has been amended,
the trial is to proceed, at the appointed time, upon the
amended indictment, and the same
consequences ensue, in all respects and as to all persons,
as
if the indictment had been originally in its amended form.
(5) If it becomes necessary to draw up a
formal record in any case in which an amendment has been made,
the record is to be drawn up setting out the indictment as
amended, and without taking any notice of the fact of the
amendment having been made. 573
Particulars The court may,
in any case, if it thinks fit, direct particulars to
be
delivered to the accused person of any matter alleged in the
indictment, and may adjourn the trial for
the purpose of such delivery. 574
Summary convictions The provisions
of this chapter relating to indictments apply to
complaints preferred against offenders upon
their trial before justices in order to their summary
conviction of an indictable offence.
Chapter 61 Effect of
indictment 575 Offences involving circumstances of
aggravation Except as
hereinafter stated,
upon an
indictment charging
a person with
an offence committed
with circumstances of
aggravation, the
person may
be convicted of
any offence which is
established by the evidence, and which is constituted
by any act
or omission which
is an element
of the offence
charged, with
or without any
of the circumstances of
aggravation charged in the
indictment. Current as at 27 November 2013
Page
337
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Procedure Chapter 61 Effect of indictment
[s
576] 576 Indictment containing count of murder
or manslaughter (1) Upon an indictment against a person
containing a count of the crime of murder, the person may be
convicted on that count of the crime of manslaughter if that
crime is established by the evidence but not
on that count of any other offence than that with
which the
person is
charged except
as otherwise expressly
provided. (2) Upon an indictment against a person
containing a count of the crime of
manslaughter the
person can
not on that
count be
convicted of any other offence except as
otherwise expressly provided. 577
Charge of homicide of child
However, upon
an indictment charging
a person with
the murder of any person, or with
unlawfully killing any person, if upon the
evidence it appears that the person alleged to have
been
killed was a child of which a female had recently been
delivered, the accused person may be
convicted of an offence defined in section 313 or 314, if any
offence under either of those sections is established by the
evidence. 578 Charge of offence of a sexual
nature (1) Upon an indictment charging a person
with the crime of rape, the person may be convicted of any
offence, if established by the evidence, defined in section 208,
210(1), 215, 216, 217(1), 218, 222 or 352. (1A)
On an indictment charging
a person with
the crime of
unlawful sodomy
under any
part
of section 208,
the person may
be convicted of
any offence, if
established by
the evidence, defined in section 210(1),
216, 217, 218 or 352. (2) Upon an
indictment charging a person with having unlawful
carnal knowledge with or of a child under
the age of 16 years, the person may be convicted of any
offence, if established by the evidence, defined in section
210(1), 217 or 218. Page 338 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 61 Effect of indictment
[s
579] (3) Upon an
indictment charging
a person with
unlawfully and
indecently assaulting another, the person
may be convicted of any offence, if established by the evidence,
defined in section 210(1). (4)
Upon an
indictment charging
a person with
incest or
an attempt to commit incest, the person
may be convicted of any offence, if established by the
evidence, defined in section 208, 210(1), 215,
216, 217, 218, 349, 350 or 352. (5)
A person convicted
of any offence
pursuant to
this section
may be convicted
of that offence
with any
circumstance of
aggravation established by the
evidence. 579 Charge of specific injury—charge of
injury with specific intent (1)
Upon an
indictment charging
a person with
an offence of
which the causing of some specific result is
an element, the person may be convicted of any offence which
is established by the evidence, and of which an intent to
cause that result, or a result of a similar but less
injurious nature, is an element. (2)
Upon an
indictment charging
a person with
an offence of
which an intent to cause some specific
result is an element, the person
may be convicted
of any offence
which is
established by the evidence and of which the
unlawful causing of that result is an element.
580 Charge of injury to property
Upon an
indictment charging
a person with
an offence of
which destruction of
property, or
wilfully and
unlawfully doing
any specific damage
to property, is
an element, the
person may be convicted of wilfully and
unlawfully damaging the property, or
of wilfully and
unlawfully damaging
the property in
any lesser degree,
if either of
such offences
is established by the evidence.
Current as at 27 November 2013
Page
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Procedure Chapter 61 Effect of indictment
[s
581] 581 Offences of dishonesty
Upon an
indictment charging
a person with
any of the
offences following, that is to say—
(a) stealing, with or without a
circumstance of aggravation; (b)
fraud, with or without a circumstance of
aggravation; (c) obtaining from any other person any
chattel, money or valuable security by passing a cheque that
is not paid on presentation for payment;
(d) unlawful use or possession of a
vehicle, with or without a circumstance of aggravation;
(e) unlawfully receiving anything under
section 433; (f) counselling or
procuring any
other person
to commit any of such
offences; the person may
be convicted of
any other of
such offences
committed with
respect to
the same property,
if such other
offence is established by the
evidence. 582 Charge of procuring commission of
offence or wrongful act (1) Upon
an indictment charging
a person with
procuring the
commission of any offence, the person may be
convicted of procuring the
commission of
any other offence
of such a
nature that a person may be convicted of it
upon an indictment charging the person with committing the
offence of which the accused person is alleged to have
procured the commission. (2) Upon an
indictment charging a person with procuring another
to
do an act or make an omission of such a nature that if the
accused person
had done the
act or made
the omission, the
person would have been guilty of an offence,
the person may be convicted of procuring that other person
to do any other act or make any
other omission
which is
established by
the evidence, and
which is
of such a
nature that
if the accused
person had
done that
act or made
that omission
the person would
have been
guilty of
an offence, such
last-named Page 340
Current as at 27 November 2013
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Procedure Chapter 61 Effect of indictment
[s
583] offence being
itself of
such a
nature that
a person may
be convicted of it upon an indictment
charging the person with committing the
offence of
which the
accused person
would have been guilty
if the person had done the act or made the omission which
the person is alleged to have procured to be done or
made. 583 Conviction for attempt to commit
offence (1) Upon an indictment charging a person
with committing any offence, the person may be convicted of
attempting to commit that offence, or of attempting to
commit any other offence of which the person
might be convicted upon the indictment. (2)
Upon an
indictment charging
a person with
procuring the
commission of any offence, the person may be
convicted of attempting to procure the commission of that
offence, or of attempting to procure the commission of any
other offence of such a nature that a person may be convicted
of it upon an indictment charging the person with
committing the offence of which the accused person is alleged
to have procured the commission. (3)
Upon an
indictment charging
a person with
attempting to
commit any
offence, the
person may
be convicted of
attempting to commit any other offence of
such a nature that a person may be convicted of it upon an
indictment charging the person with committing the offence
which the accused person is alleged to have attempted to
commit. (4) Upon an
indictment charging
a person with
attempting to
procure the
commission of
any offence, the
person may
be convicted of
attempting to
procure the
commission of
any other offence of such a nature that a
person may be convicted of it upon an indictment charging the
person with committing the offence
of which the
accused person
is alleged to
have attempted to
procure the commission. (5) Upon
an indictment charging
a person with
attempting to
procure another to do an act or make an
omission of such a nature that if the act had been done or the
omission had been Current as at 27 November 2013
Page
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Procedure Chapter 61 Effect of indictment
[s
584] made, an
offence would
thereby have
been committed
the person may be convicted of attempting
to procure that other person to do any other act or make any
other omission of such a nature that if the act had been done
or the omission had been made an offence would thereby have
been committed, such last mentioned
offence being
itself of
such a
nature that
a person may be convicted of it upon an
indictment charging the person with doing the act or making
the omission which the accused person is alleged in the
indictment to have attempted to procure that
other person to do or make. 584 When evidence
shows offence of similar nature (1)
If,
on the trial of a person charged with any indictable
offence, the evidence establishes that the person is
guilty of another indictable offence
of such a nature
that upon
an indictment charging
the person with
it the person
might have
been convicted
of the offence
with which
the person is
actually charged,
the person may
be convicted of
the offence with
which the person is so charged.
(2) A person so tried is not liable to be
afterwards prosecuted for the offence so established by the
evidence, unless the court before which the trial is had thinks
fit to discharge the jury from giving any verdict, and to direct
the accused person to be indicted for
that offence;
in which case
the person may
be dealt with
in all respects
as if the
person had
not been put
upon
trial for the offence with which the person is actually
charged. 585
Effect of conviction A
person convicted
under any
of the provisions of
sections 575 to 584 is
liable to the same punishment as if the person had been
convicted on an indictment charging the person with
the
offence of which the person is actually convicted.
Page
342 Current as at 27 November 2013
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Part 8
Procedure Chapter 61 Effect of indictment
[s
586] 586 Corrupt practices If, on the trial
of a person charged with an indictable offence relating to
elections the evidence establishes that the person is
not
guilty of the offence charged, but is guilty of an offence
relating to elections and punishable on
summary conviction, the person may be convicted of such last
mentioned offence, and is liable to the same punishment as if
the person had been summarily convicted of that offence.
587 Illegal practices If, on the trial
of a person charged with an offence relating to elections and
punishable on summary conviction, the evidence establishes that
the person is guilty of an indictable offence relating
to elections, the
person is
not entitled to
have the
charge dismissed
if the evidence
also establishes that
the person did
any act or
acts such
as to constitute the
offence with which the
person is actually charged. 588 Charge of
stealing stock If, on the trial of a person charged with
stealing an animal that is stock, the evidence establishes
that the person is not guilty of
the offence charged,
but is guilty
of any of
the offences following, that
is to say— (a) unlawfully using the animal without
the consent of the owner, or of the person in lawful possession
thereof; (b) branding or
marking the
animal, or
knowingly permitting it to
be branded or marked, with the person’s registered brand
or registered mark,
knowing that
the person is not the owner of the
animal; (c) altering or
defacing, or
otherwise rendering
undistinguishable, any
registered brand
or registered mark upon the
animal; Current as at 27 November 2013
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[s
588A] (d) knowingly permitting any act as
mentioned in paragraph (c) to be done by any person over whom
the person has control; the person may
be convicted of the offence so established by the evidence,
and is liable to the same punishment as if the person had been
convicted of that offence. 588A Charges of
stealing certain animals and of killing certain animals with
intent to steal (1) If on the trial of a person charged
with stealing an animal that is stock the
evidence establishes that the person is not guilty
of
the offence charged but is guilty of the offence of killing
an animal with intent to steal the skin or
carcass or any part of the skin or
carcass, the
person may
be convicted of
the latter offence and is
liable to the punishment prescribed in respect of that
offence. (2) If on the trial of a person charged
with killing an animal with intent to steal
the skin or carcass or any part of the skin or carcass the
evidence establishes that the person is not guilty of
the
offence charged but is guilty of the offence of stealing an
animal, the person may be convicted of the
latter offence and is liable to
the punishment prescribed in
respect of
that offence.
(3) A reference in this section to the
offence of killing an animal with intent to
steal the skin or carcass or any part of the skin or
carcass is a reference to the offence of
killing an animal with intent to steal the skin or, as the
case may be, the carcass or, as the case may be,
part of the skin or, as the case may be, part of
the
carcass. 589 Indictment for joint receiving
Upon
an indictment charging 2 or more persons jointly with
an offence of
which the
receiving of
any property is
an element, if
the evidence establishes that
1 or more
of them separately received
any part or
parts of
the property under
Page
344 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590] such
circumstances as to constitute an offence, such 1 or more
of the accused
persons may
be convicted of
the offence or
offences so established by the
evidence. Chapter 62 Trial—adjournment—pleas— practice
Chapter division 1 Bringing accused
person to trial 590
Bringing accused to trial
(1) Subject to
section 561,
when a
person charged
with an
indictable offence
has been committed
for trial and
it is intended to put
the person upon his or her trial for the offence,
the director of
public prosecutions or
a Crown prosecutor must present the
indictment no later than 6 months after the date on which
the person was committed for trial. (2)
If— (a) an indictment is
not so presented; or (b) it becomes
apparent that evidence necessary to establish the offence is
not going to be available; or (c)
the
accused has absconded and is not likely to be found
before the expiry of the period; or
(d) for any
other reason
it is impracticable to
present the
indictment; the director of
public prosecutions or a Crown prosecutor may apply to the
court at any time before or after the expiry of the
period for
an extension of
time within
which to
present an
indictment. Current as at 27
November 2013 Page 345
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Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AA] (3)
The
court hearing the application may, if satisfied that good
cause is shown and no miscarriage of justice
is likely to result, grant the extension of time the court
considers just. (4) If an
indictment is
not presented before
the expiry of
the period or any extension of the period,
the person is entitled to be discharged from the consequences of
his or her committal. Chapter division 2 Directions and
rulings before trial 590AA Pre-trial
directions and rulings (1) If
the Crown has
presented an
indictment before
a court against a
person, a party may apply for a direction or ruling, or
a judge of
the court may
on his or
her initiative direct
the parties to attend before the court for
directions or rulings, as to the conduct of
the trial or any pre-trial hearing. (2)
Without limiting subsection (1) a direction
or ruling may be given in relation to— (a)
the
quashing or staying of the indictment; or (b)
the
joinder of accused or joinder of charges; or (ba)
disclosure under chapter division 3 or 4;
or (c) the provision of a statement, report,
proof of evidence or other information; or
(d) noting of
admissions and
issues the
parties agree
are relevant to the trial or sentence;
or (da) an application
for trial by a judge sitting without a jury; or
(e) deciding questions of law including
the admissibility of evidence and any step that must be
taken if any evidence is not to be admitted; or
Page
346 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AAA] (f)
ascertaining whether a defence of insanity
or diminished responsibility or
any other question
of a psychiatric nature is to be
raised; or (g) the psychiatric or
other medical
examination of
the accused; or (h)
the exchange of
medical, psychiatric and
other expert
reports; or (i)
the
reference of the accused to the Mental Health Court;
or (j) the date of
trial and directing that a date for trial is not to
be
fixed until it is known whether the accused proposes
to rely on
a defence of
insanity or
diminished responsibility or
any other question
of a psychiatric nature;
or (k) the return of subpoenas; or
(l) the Evidence Act
1977 , part 2, division 4A or 6; or
(m) encouraging the
parties to
narrow the
issues and
any other administrative arrangement to
assist the
speedy disposition of
the trial. (3) A direction or ruling is binding
unless the judge presiding at the trial or
pre-trial hearing, for special reason, gives leave to
reopen the direction or ruling.
(4) A direction
or ruling must
not be subject
to interlocutory appeal
but may be
raised as
a ground of
appeal against
conviction or sentence. 590AAA
Noncompliance with direction about disclosure (1)
If
it appears to the court that a person (the directed
person ) has not
complied with
a direction given
under section
590AA(2)(ba), the court may order the
directed person to file an affidavit, or
give evidence
in court, explaining and
justifying the failure to comply.
Current as at 27 November 2013
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AAA] (2)
If
the court requires the directed person to file an affidavit,
a copy of the affidavit must be served on the
person for whose benefit the direction was given (the
affected person ).
(3) An order under subsection (1) may be
made— (a) on the court’s own initiative;
or (b) on the application of the affected
person. (4) If the court is not satisfied the
directed person’s affidavit or evidence
satisfactorily explains
and justifies the
noncompliance, the court may—
(a) adjourn the proceeding to allow enough
time for— (i) the directed person to comply with the
direction; and (ii) the affected
person to consider anything disclosed under the
direction and take any necessary further action;
and (b) if the
court is
satisfied that
the noncompliance was
unjustified, unreasonable or
deliberate—make, in
relation to the adjournment, an award in
favour of the affected person
of an amount
of costs the
court considers just
and reasonable; and (c) if an award of costs is made under
paragraph (b)—fix a time for the amount to be paid.
(5) This section does not limit the
court’s power otherwise to deal with
a failure to
comply with
a direction, including, for
example, any power in the court to punish
for contempt. (6) The directed
person is
not excused from
failing to
file an
affidavit or give evidence under this
section on the ground that an affidavit or evidence explaining
and justifying a failure to comply with the
direction given under section 590AA(2)(ba) might
tend to
incriminate the
directed person
because the
directed person would be required to admit
to the failure to comply. Page 348
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AB] (7)
However, the affidavit or evidence is not
admissible against the directed person in a criminal proceeding
or a proceeding for contempt. (8)
Subsection (7)
does not
stop the
affidavit or
evidence from
being admissible against the person—
(a) in a
perjury proceeding in
relation to
the affidavit or
evidence; or (b)
for the purposes
of making an
order under
subsection (4).
(9) In this section— direction
includes ruling. perjury
proceeding ,
in relation to
an affidavit or
evidence, means a
proceeding in which the falsity or misleading nature
of
the affidavit or evidence is relevant. Chapter division
3 Disclosure by the prosecution
Chapter subdivision A Preliminary
provisions 590AB Disclosure obligation
(1) This chapter division acknowledges
that it is a fundamental obligation of the prosecution to
ensure criminal proceedings are conducted
fairly with the single aim of determining and establishing
truth. (2) Without limiting
the scope of
the obligation, in
relation to
disclosure in a relevant proceeding, the
obligation includes an ongoing obligation for
the prosecution to
give an
accused person full and
early disclosure of— (a) all evidence the
prosecution proposes to rely on in the proceeding;
and Current as at 27 November 2013
Page
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AC] (b)
all
things in the possession of the prosecution, other than
things the
disclosure of
which would
be unlawful or
contrary to public interest, that would tend
to help the case for the accused person.
590AC
Chapter division does not have particular consequences
(1) Nothing in this chapter
division— (a) requires disclosure that is unlawful
under this or another law; or (b)
affects an
accused person’s
right to
anything under
another law. (2)
Failure to comply with this chapter division
in a proceeding does not affect the validity of the
proceeding. Chapter subdivision B Interpretation 590AD Definitions
for ch div 3 In this chapter division—
affected child see the
Evidence Act 1977 , section
21AC. arresting officer
, for a
person charged
with an
offence, means—
(a) the police
officer who
arrested the
person or,
if the person was not
arrested, the police officer who brought the charge
against the person; or (b) at
any time the
person mentioned
in paragraph (a)
is unavailable, another
police officer
the police commissioner, or
a delegate of the police commissioner, designates as
the arresting officer for the person. court
means the court for the relevant
proceeding. Page 350 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AD] criminal
history of a person includes every finding of guilt,
or acceptance of a plea of guilty, whether or
not a conviction was recorded, other than a spent
conviction. Evidence Act
section 93A
device statement
see section 590AFA.
exculpatory thing
, in relation
to an accused
person, means
reliable evidence
of a nature
to cause a
jury to
entertain a
reasonable doubt as to the guilt of the
accused person. original evidence means a thing
that may be tendered as an exhibit in a relevant
proceeding. possession of the prosecution
see
section 590AE. prescribed summary trial means a summary
trial of— (a) a charge for an indictable offence
that must be heard and decided summarily under section 552BA;
or (b) a charge
for an indictable offence
if, under section
552A, the
prosecution has
elected that
the charge be
heard and decided summarily; or
(c) a charge for an indictable offence to
which section 552B applies unless
the defendant has
informed the
Magistrates Court
that he
or she wants
to be tried
by jury; or (d)
a
charge for an indictable offence against a provision of
the Drugs Misuse Act 1986
,
if— (i) under that Act, proceedings for the
charge may be taken summarily; and (ii)
the
prosecution has elected that proceedings for the
charge be taken summarily; or
(e) a charge for an offence prescribed
under a regulation for this definition. prosecution means the person
in charge of the prosecution or a person
appearing for the prosecution. relevant
proceeding means— Current as at 27
November 2013 Page 351
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AE] (a)
a
committal proceeding; or (b) a prescribed
summary trial; or (c) a trial on indictment.
sensitive evidence see section
590AF. spent conviction means a
conviction— (a) for which the rehabilitation period
under the Criminal Law
(Rehabilitation of Offenders) Act 1986 has
expired under that Act; and (b)
that is
not revived as
prescribed by
section 11
of that Act.
statement of a person
means— (a) a statement signed by the person;
or (b) a statement of the person that is
potentially admissible under the Evidence Act
1977 , section 93A; or (c)
any other representation of
fact, whether
in words or
otherwise, made by the person.
view includes listen
to. 590AE Meaning of possession of
the prosecution (1) For a relevant proceeding, a thing is
in the possession of the prosecution only
if the thing
is in the
possession of
the prosecution under subsection (2) or
(3). (2) A thing is in the possession of the
prosecution if it is in the possession of
the arresting officer or a person appearing for the
prosecution. (3) A thing is also in the possession of
the prosecution if— (a) the thing is in the possession
of— (i) for a
prosecution conducted
by the director
of public prosecutions—the director;
or Page 352 Current as at 27
November 2013
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Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AF] (ii)
for a prosecution conducted
by the police
service—the police service; and
(b) the arresting
officer or
a person appearing
for the prosecution— (i)
is
aware of the existence of the thing; and (ii)
is, or would
be, able to
locate the
thing without
unreasonable effort. 590AF Meaning
of sensitive evidence (1)
Sensitive evidence
means anything
containing or
displaying an image of a
person (the imaged person )—
(a) that, disregarding the
fact the
thing was
brought into
existence, or is in the possession of the
prosecution, for the purpose of
providing evidence
of an offence,
is obscene or indecent; or
(b) the disclosure of which to another
person, without the imaged person’s
consent, would
interfere with
the imaged person’s privacy.
Examples —
• a computer hard drive containing
obscene or indecent images • a photo of a
naked rape victim taken to preserve evidence of the
victim’s condition at a particular
time (2) Child exploitation material
under chapter
22, or material
alleged to be child exploitation material,
is sensitive evidence .
590AFA
Meaning of Evidence Act section 93A device
statement An Evidence Act
section 93A
device statement
means a
statement— (a)
made
to a person investigating an alleged offence; and
(b) contained in— (i)
any disc, tape,
sound track
or other device
mentioned in
paragraph (e)
of the definition Current as at 27
November 2013 Page 353
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AG] document
in the Evidence
Act 1977 ,
schedule 3
capable of reproducing sounds; or
(ii) any film,
negative, tape or other device mentioned in paragraph (f)
of the definition document in the
Evidence Act 1977 , schedule 3;
and (c) given in,
or in anticipation of,
a criminal proceeding about the
alleged offence; and (d) that
is potentially admissible under
the Evidence Act
1977 , section
93A. 590AG Particular references to an accused
person include references to a lawyer acting for the
accused person (1) A reference in this chapter division
to giving or disclosing a thing to an accused person includes a
reference to giving or disclosing the thing to a lawyer
acting for the accused person. (2)
A reference in
this chapter
division to
an accused person
viewing a thing includes a reference to a
lawyer acting for the accused person viewing the
thing. Chapter subdivision C Disclosure 590AH Disclosure
that must always be made (1) This section
applies— (a) without limiting the prosecution’s
obligation mentioned in section 590AB(1); and
(b) subject to section 590AC(1)(a) and
chapter subdivision D. (2) For
a relevant proceeding, the
prosecution must
give the
accused person each of the following—
(a) a copy
of the bench
charge sheet,
complaint or
indictment containing the charge against the
person; Page 354 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AH] (b)
a
copy of the accused person’s criminal history in the
possession of the prosecution;
(c) a copy
of any statement
of the accused
person in
the possession of the prosecution;
(d) for each proposed witness for the
prosecution who is, or may be, an affected child—a written
notice naming the witness and describing why the proposed
witness is, or may be, an affected child;
(e) for each proposed witness for the
prosecution other than a proposed witness mentioned in
paragraph (d)— (i) a copy
of any statement
of the witness
in the possession of
the prosecution; or Example —
a statement made
by a proposed
witness for
the prosecution in an audio recording of
an interview (ii) if
there is
no statement of
the witness in
the possession of
the prosecution—a written
notice naming the
witness; (f) if the
prosecution intends
to adduce evidence
of a representation under
the Evidence Act
1977 ,
section 93B,
a written notice
stating that
intention and
the matters mentioned in section
590C(2)(b) to (d); (g) a copy of any report of any test or
forensic procedure relevant to
the proceeding in
the possession of
the prosecution; Examples of a
forensic procedure — DNA, fingerprint or another scientific
identification procedure (h) a
written notice
describing any
test or
forensic procedure,
including a test or forensic procedure that is not yet
completed, on which the prosecution intends to rely at the
proceeding; (i) a written
notice describing any
original evidence
on which the prosecution intends to rely
at the proceeding; Current as at 27 November 2013
Page
355
Schedule 1 The Criminal Code
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AI] (j)
a
copy of anything else on which the prosecution intends
to
rely at the proceeding; (k) a written notice
or copy of anything else in possession of the prosecution
prescribed under a regulation. 590AI
When
mandatory disclosure must be made (1)
This
section applies if— (a) the prosecution must give an accused
person a written notice or copy of a thing under section
590AH(2); or (b) the prosecution must give an accused
person a written notice of
a thing under
section 590AO(2)
and, apart
from
section 590AO, the prosecution would have to give
the accused person
a copy of
the thing under
section 590AH(2);
or (c) the prosecution must give an accused
person a written notice of
a thing under
section 590AOA(2)
and, apart
from section
590AOA, the
prosecution would
have to
give the
person a
copy of
the thing under
section 590AH(2).
(2) The prosecution must
give the
accused person
the written notice or
copy— (a) for a
committal proceeding or
prescribed summary
trial—at least 14 days before the date set
by the court for the commencement of the hearing of evidence;
or (b) for a
trial on
indictment—no more
than 28
days after
presentation of the indictment, or if the
trial starts less than 28 days after presentation of the
indictment, before evidence starts to be heard at the
trial. (3) Subsection (2) is not intended to
discourage the prosecution from voluntarily giving the accused
person the written notice or copy at a time before the latest
time the subsection may be complied with. Note
— Page 356 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AJ] An administrative
arrangement made under section 706A (Development
of administrative arrangements) might
provide for
the prosecution’s agreement to a
form of staged disclosure that will ensure an accused
person is
provided with
at least part
of the material
that must be
disclosed under
section 590AH
within a
period stated
in the arrangement that
is shorter than the period stated in subsection (2).
(4) The court may, at any time, shorten
the period mentioned in subsection (2)(a) or extend the period
mentioned in subsection (2)(b). (5)
If
the relevant proceeding is a committal proceeding, the court
may
set a date to have effect under subsection (2)(a) as the
date for
the commencement of
hearing of
evidence in
the proceeding even
if, having regard
to the Justices
Act 1886 ,
section 110A, it will or may be the case
that no witness will appear at the proceeding to give oral
evidence. 590AJ Disclosure that must be made on
request (1) This section applies—
(a) without limiting the prosecution’s
obligation mentioned in section 590AB(1); and
(b) subject to section 590AC(1)(a) and
chapter subdivision D. (2) For a relevant
proceeding, the prosecution must, on request, give the accused
person— (a) particulars if a proposed witness for
the prosecution is, or may be, an affected child; and
(b) a copy of the criminal history of a
proposed witness for the prosecution in the possession of
the prosecution; and (c) a copy or notice
of any thing in the possession of the prosecution that
may reasonably be
considered to
be adverse to
the reliability or
credibility of
a proposed witness for the
prosecution; and (d) notice of any thing in the possession
of the prosecution that may tend to raise an issue about the
competence of Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AK] a proposed
witness for the prosecution to give evidence in the
proceeding; and (e) a copy
of any statement
of any person
relevant to
the proceeding and in the possession of
the prosecution but on which the prosecution does not intend to
rely at the proceeding; and (f)
a
copy or notice of any other thing in the possession of
the
prosecution that is relevant to the proceeding but on
which the
prosecution does
not intend to
rely at
the proceeding. (3)
If
the prosecution gives notice of a thing under subsection (2)
that
is not original evidence, the prosecution must advise the
accused person that the thing may be viewed
on request by the accused person at a stated place.
(4) In this section— particulars means
particulars of a matter alleged in the bench charge sheet,
complaint or indictment containing the charge against the
accused person. 590AK When requested disclosure must be
made (1) This section applies if—
(a) an accused
person requests
particulars or
a copy or
notice of a thing under section 590AJ(2);
and (b) either— (i)
the prosecution must
give the
accused person
particulars or a copy or notice of the thing
under section 590AJ(2); or (ii)
the prosecution must
give the
accused person
written notice of the thing under section
590AO(2) and, apart
from section
590AO, the
prosecution would have to
give the accused person a copy of the thing under
section 590AJ(2); or Page 358 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AL] (iii)
the prosecution must
give the
accused person
written notice
of the thing
under section
590AOA(2) and, apart from section 590AOA,
the prosecution would have to give the person a
copy of the thing on request under section
590AJ(2). (2) The prosecution must give the accused
person the particulars, copy or notice as soon as practicable
after the request is made. 590AL Ongoing obligation to
disclose (1) If the
prosecution can
not comply with
a time requirement because the
thing to be disclosed was not in the possession of
the prosecution in
sufficient time,
including, for
example, because
the thing did
not exist at
the time, the
prosecution must
disclose the
thing to
the accused person
as soon as
practicable after
it comes into
the possession of
the prosecution. (2)
The
obligation to disclose a thing, other than an exculpatory
thing, to
the accused person
continues despite
a failure to
comply with
a time requirement or
subsection (1)
until the
prosecution ends,
whether by
the accused person
being discharged,
acquitted or convicted, or in another way. (3)
If a
thing is an exculpatory thing, the obligation to disclose it
to
the accused person continues despite a failure to comply
with a
time requirement or
subsection (1)
until 1
of the following
happens— (a) the accused person is discharged or
acquitted; (b) the accused person dies.
(4) In this section— time
requirement means a requirement under section
590AI or 590AK. Current as at 27
November 2013 Page 359
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AM] 590AM How
disclosure may be made (1) If a written
notice or copy of a thing must or may be given to
the
accused person under this chapter division, it is sufficient
for— (a)
a
document advising that the written notice or copy of
the
thing is available for collection at a stated place to be
served on the accused person—
(i) if a
lawyer acts
for the accused
person—at the
lawyer’s address for service; or
(ii) otherwise—at the
accused person’s
place of
business, or residential address, last known
to the prosecution; and (b)
the
written notice or copy of the thing to be available for
collection at the stated place.
(2) If notice
of a thing
must or
may be given
to the accused
person under this chapter division, it is
sufficient for notice to be given in a way the prosecution
considers appropriate. Example —
If the prosecution considers
it appropriate, notice
may be given
by phone to the lawyer acting for the
accused person or in writing made available under
subsection (1). Chapter subdivision D Limitations on
disclosure 590AN Limit on disclosure of things accused
person already has The prosecution is
not, for
a relevant proceeding, required
under this
chapter division
to give the
accused person
anything the accused person or a lawyer
acting for the accused person already
possesses or
has already been
given by
the prosecution. Page 360
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AO] Example
— The prosecution is not required to
give the accused person a copy of a complaint or
indictment already given to the accused person or a copy of
depositions already given to the accused
person under section 705. 590AO Limit on disclosure of sensitive
evidence (1AA) This section
does not apply to an Evidence Act section 93A device
statement. (1) The prosecution is
not, for
a relevant proceeding, required
under this chapter division to give the
accused person a copy of a thing the prosecution reasonably
considers to be sensitive evidence other than as required under
this section. (2) If— (a)
apart from this section, the prosecution
would have to give the accused person a copy of the thing;
and (b) the prosecution does not give the
accused person a copy of the thing; then the
prosecution must give the accused person a written
notice— (c)
describing the thing; and
(d) stating that the prosecution—
(i) considers the thing to be sensitive
evidence; and (ii) is not required
to give the accused person a copy of the thing other
than as required under this section; and
(e) if the
thing is
not original evidence,
stating the
place where
the accused person
may, on
request, view
the thing for the purposes of the relevant
proceeding; and (f) if the
thing is
original evidence,
stating that
the prosecution may,
on request, allow
an appropriate person to view
and examine the thing for the purposes of the relevant
proceeding at a stated place— Current as at 27
November 2013 Page 361
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AO] (i)
under the supervision of the prosecution;
and (ii) subject
to any other
conditions the
prosecution considers
appropriate to ensure— (A) the thing will
only be viewed and examined for a legitimate
purpose connected with the relevant proceeding; and
(B) there is
no unauthorised reproduction or
circulation of the thing; and
(C) the integrity of the thing is
protected. (3) If the thing is original evidence, the
court may direct that the prosecution allow an appropriate
person to view and examine the thing
for the purposes
of the proceeding subject
to the conditions the
court considers appropriate. (4)
The
court may make the direction under subsection (3) only if
the
court is satisfied the terms of the direction can ensure—
(a) the thing
will only
be viewed and
examined for
a legitimate purpose
connected with
the relevant proceeding;
and (b) there is no unauthorised reproduction
or circulation of the thing; and (c)
the
integrity of the thing is protected. (5)
Also, the
court may
direct that
the prosecution give
the accused person a copy of the thing
(whether or not the thing is original
evidence). (6) The court may make the direction under
subsection (5) only if— (a) the
accused person
satisfies the
court a
legitimate purpose is
achieved by the accused person being given a copy of the
thing; and (b) the court
is satisfied the
terms of
the direction can
ensure there
is no unauthorised reproduction or
circulation of the thing.
Page
362 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AOA] (7)
If,
under subsection (5), the court directs the prosecution to
give
the accused person a copy of the thing, the court may also
direct that the accused person return the
copy of the thing to the prosecution within the period
stated in the direction to the accused
person. (8) In this section— appropriate
person means— (a)
the
accused person; or (b) a lawyer acting for the accused
person; or (c) another person
engaged by
the accused person
if the prosecution or
court considers it is appropriate for the other person to
view or examine the thing. 590AOA Evidence Act section 93A device
statement (1) The prosecution is
not, for
a relevant proceeding, required
under this chapter division to give the
accused person a copy of an
Evidence Act
section 93A
device statement
(the statement
)
other than as required under this section. (2)
If— (a) apart from this
section, the prosecution would have to give the accused
person a copy of the statement; and (b)
the
prosecution does not give the accused person a copy
of
the statement; then the prosecution must give the accused
person a written notice— (c)
describing the statement; and
(d) stating that the prosecution—
(i) considers the
statement to
be an Evidence
Act section 93A device statement;
and (ii) is not required
to give the accused person a copy of the
statement other
than as
required under
this section;
and Current as at 27 November 2013
Page
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Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AOA] (e)
stating the matters mentioned in subsection
(3) or (6), whichever is applicable. (3)
If
the accused person has a lawyer acting for him or her, the
notice must state that the prosecution will
give a lawyer acting for the accused person a copy of the
statement (the copy ) on
the
following conditions— (a) that the lawyer
must not give the copy to the accused person or anyone
else other than the following— (i)
a
lawyer acting for the accused person or to whom the copy is
referred for particular advice; (ii)
a
person, other than a lawyer, to whom the copy is
referred for particular expert
advice; (iii) an associate of
the lawyer to the extent necessary for work to be
done for the lawyer in relation to the relevant
proceeding or a proceeding for a relevant charge in the
ordinary practice of the law; (b)
that
any lawyer acting for the accused person, other than
the
lawyer to whom the prosecution gives the copy, must
not
give the copy to the accused person or anyone else
other than the persons mentioned in
paragraph (a)(ii) or (a)(iii); (c)
that
a person who is given the copy under paragraph (a)
or
(b), other than a lawyer mentioned in the paragraph,
must
not give the copy to the accused person or anyone
else
who is not a lawyer acting for the accused person;
(d) that the copy held by the lawyer to
whom it was given by the prosecution, or held by anyone else
to whom the copy has been given under this
section— (i) must not be copied; and
(ii) must be returned
to the prosecution within 14 days after—
(A) the lawyer
or other person
stops being
someone who may be given the copy
under this section; or Page 364
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AOA] Example
— A lawyer may stop acting for the
accused person. (B) the end
of the proceedings for
the relevant charge;
(e) that the
copy may
only be
given to
another person
in accordance with the conditions
mentioned in paragraphs (a) to
(d) for a
legitimate purpose
connected with
the relevant proceeding or
a proceeding for
a relevant charge.
(4) If the original statement is a visual
image device and the copy to be given by the prosecution under
the notice is only a sound device, the court may direct the
prosecution to give a copy that is a visual
image device. (5) The court may make a direction under
subsection (4) only if it is satisfied the terms of the
direction can ensure— (a) the copy will
only be viewed for a legitimate purpose connected with
the relevant proceeding; and (b)
there is
no unauthorised copying
or circulation of
the copy. (6)
If
the accused person does not have a lawyer acting for him or
her,
the notice must state that— (a)
the
prosecution will not give the statement (whether the
original or copy) to the accused person;
and (b) the prosecution will,
on request, allow
an appropriate person
to view the
statement, either
the original or
a copy as
stated in
the notice for
the purposes of
the relevant proceeding at a stated
place. (7) If the prosecution refuses to accept a
person, nominated by the accused person
under paragraph
(c) of the
definition appropriate person
, as an
appropriate person for
subsection (6)(b),
the court may
direct the
prosecution to
accept the
person as an appropriate person for
subsection (6)(b), subject to the conditions the court considers
appropriate. Current as at 27 November 2013
Page
365
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AOA] (8)
The
court may make the direction under subsection (7) only if
the
court is satisfied the terms of the direction can ensure—
(a) the statement
will only
be viewed for
a legitimate purpose
connected with the relevant proceeding; and (b)
there is
no unauthorised copying
or circulation of
the statement; and (c)
if
the original statement is to be viewed—the integrity of
the
statement is protected. (9) A
person who
does an
act mentioned in
the Evidence Act
1977 ,
section 93AA(1)(a) to
(c) in contravention of
a condition imposed
by a notice
under subsection (3)
or a direction under
subsection (5) or (7)— (a) does the act
without authority; and (b) commits an
offence against that section. (10)
For subsection (3)(d)(i)
or (8)(b), it
is declared that
the making of a transcript of the contents
of the statement is not the making of a copy of the statement
to which the Evidence Act 1977
,
section 93AA(1)(c) applies. (11)
In
this section— appropriate person means—
(a) the accused person; or
(b) a lawyer mentioned in the
Evidence Act
1977 , section
21O(4); or (c)
another person
engaged by
the accused person
if the prosecution or
court considers it is appropriate for the other person to
view the thing. Examples of persons prosecution may consider
appropriate — • interpreter •
expert associate
of a
lawyer means an associate of the law practice, of the lawyer,
as defined under the Legal Profession Act 2007
, section 7(1)(a) or (c).
Page
366 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AOA] copy
, of
the statement, in subsections (3) and (6) means a copy
of
the original statement in the form of— (a)
a device of
similar function
to the original
device containing a
copy of the statement; or (b) if the original
statement is in the form of a visual image device—any sound
device capable
of reproducing a
soundtrack of the visual image
device; and includes any additional copy provided by
the prosecution for convenience. end of
proceedings , in relation to a relevant charge, means
the latest of the following— (a)
if a trial
is not conducted
that disposes
of the charge—the
discharge, striking out, withdrawal, entry of nolle
prosequi, quashing,
staying or
other event
by which the proceedings end;
(b) if a trial is conducted that disposes
of the charge— (i) if the trial ends without a finding of
guilt—the end of the trial; or (ii)
if
the trial ends with a finding of guilt—the end of
any
period allowed for appeal against the finding of guilt;
or (iii) if
an appeal is
started against
the finding of
guilt—the end
of the appeal
and the end
of any further
proceedings. Note — This definition
covers circumstances where a copy of a statement is held
beyond committal
to the resulting
trial and
beyond any
mistrial or
appeal to later trial. relevant
charge means the charge against the accused in
the relevant proceeding, and includes any
replacement or further charge arising out of the proceeding
or the same, or same set of, circumstances. Current as at 27
November 2013 Page 367
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AP] sound
device means
a device mentioned
in section 590AFA(b)(i). visual
image device
means a
device mentioned
in section 590AFA(b)(ii). 590AP Limit on
disclosure of witness contact details (1)
The prosecution is
not, for
a relevant proceeding, required
under this
chapter division
to give the
accused person
a witness contact
detail other
than as
required under
this section.
(2) The prosecution must
give the
accused person
a witness contact detail
that is materially relevant as part of the evidence
for
the relevant proceeding. Example 1 —
If the alleged
offence is
breaking and
entering a
dwelling and
a proposed witness was the occupant of
the dwelling when the offence allegedly
happened, the
address of
the proposed witness
when the offence allegedly
happened would be materially relevant as part of the
evidence. Example 2
— If the
alleged offence
is unlawful stalking
involving contacting
the stalked person by telephone, the
telephone number of the stalked person when the offence
allegedly happened would be materially relevant as
part
of the evidence. (3) However, the
court may
direct that
another witness
contact detail be given
to the accused person. (4) The court may
make the direction only if— (a)
the accused person
satisfies the
court a
legitimate purpose is
achieved by the witness contact detail being given to the
accused person; and (b) the court is satisfied that giving the
detail is not likely to present a reasonably ascertainable
risk to the welfare or protection of any person.
Page
368 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AQ] (5)
A
witness contact detail the prosecution is not required to
give the accused person may be deleted from, or
rendered illegible in, a thing that is to be disclosed to, or
may be viewed by, the accused person. (6)
Although it is acknowledged that a person is
not obliged to have contact
with the
defence, nothing
in this section
is intended to discourage the
prosecution, at the request of the defence,
from voluntarily passing
on to a
person a
request from the defence
that the person contact the defence. (7)
In
this section— witness contact
details include
details of
the address and
telephone and facsimile number of a proposed
witness for the prosecution or
a person a
copy of
whose statement
may be given to the
accused person under section 590AJ(2)(e). 590AQ Limit on
disclosure contrary to the public interest (1)
The prosecution is
not, for
a relevant proceeding, required
under this chapter division to disclose to
the accused person a thing, other
than as
required under
this section,
if the prosecution— (a)
considers the disclosure would be contrary
to the public interest; and (b)
gives the accused person a written notice
stating that the prosecution— (i)
considers the disclosure would be contrary
to the public interest; and (ii)
is
not required to disclose the thing to the accused
person other than as required under this
section. (2) Without limiting
subsection (1)(a),
the prosecution is
not required to disclose the thing to the
accused person if— (a) there are reasonable grounds for
considering disclosure of the thing would—
Current as at 27 November 2013
Page
369
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AQ] (i)
prejudice the
security, defence
or international relations of
Australia; or (ii) damage relations
between the Commonwealth and a State or
between 2 or more States; or (iii)
facilitate the commission of another
offence; or (iv) prejudice
the prevention, investigation or
prosecution of an offence; or
(v) prejudice the
usefulness of
surveillance or
other detection
methods; or (vi) disclose,
or enable a
person to
find out,
the existence or
identity of
a confidential source
of information relating
to the enforcement or
administration of a law of the Commonwealth
or a State; or (vii)
cause unlawful or
dishonest interference with
potential witnesses; or (viii) prejudice
the proper functioning of the government of the
Commonwealth or a State; or (b)
disclosure of
the thing to
the accused person
is prohibited by law. Example for
paragraph (b) — disclosure of an informer’s identity
under the Drugs Misuse Act 1986
,
section 119 (3) However, unless disclosure to the
accused person of the thing is
prohibited by
law, the
court may
direct that
the thing be
disclosed to the accused person.
(4) The court may make a direction only if
the court is satisfied, on balance, that disclosing the thing
to the accused person is not contrary to the public
interest. (5) In deciding whether to make a
direction, the court may inform itself in any
way it considers appropriate. Page 370
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AR] (6)
Without limiting the matters the court may
take into account in deciding whether to make a direction, the
court must take into account the following matters—
(a) the importance of the thing in the
relevant proceeding, including, for
example, whether
the thing is
an exculpatory thing; (b)
the
nature of the offence; (c) the
likely effect
of disclosing the
thing and
how publication of the thing may be
limited; (d) whether the
substance of
the thing has
already been
published. (7)
In
this section— State includes a
Territory. Chapter subdivision E Viewing
590AR
Viewing evidence that is not original evidence If—
(a) advice is given under section
590AJ(3); or (b) notice is
given under
section 590AO(2)(e) or
590AOA(6); of
a place where
the accused person
or appropriate person
may,
on request, view a thing, the prosecution must allow the
accused person or appropriate person, on
request, to view the thing at the place for the purposes of
the relevant proceeding. 590AS Viewing particular
evidence (1) This section applies if a thing that
is original evidence and that is
not sensitive evidence
or an Evidence
Act section 93A
device statement
is disclosed to
an accused person
under section
590AH(2)(i) or 590AJ. Current as at 27 November 2013
Page
371
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AS] Editor’s
note — For viewing of original evidence that
is sensitive evidence, see section 590AO(2)(f), (3)
and (4). (2) The prosecution is not required to
allow the accused person to view or examine
the thing for the relevant proceeding other than as required
under this section. (3) The prosecution may, on request, allow
an appropriate person to view or examine the thing for the
purposes of the relevant proceeding— (a)
under the supervision of the prosecution;
and (b) subject to any other conditions the
prosecution considers appropriate to protect the integrity
of the thing. (4) Also, the
court may
direct that
the prosecution allow
an appropriate person
to view and
examine the
thing for
the purposes of the proceeding subject to
the conditions the court considers appropriate to protect the
integrity of the thing. (5) The court may
make the direction only if the court is satisfied
the
terms of the direction can ensure the integrity of the thing
is
protected. (6) In this section— appropriate
person means— (a)
the
accused person; or (b) a lawyer acting for the accused
person; or (c) another person
engaged by
the accused person
if the prosecution or
court considers it is appropriate for the other person to
view or examine the thing. Page 372 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AT] Chapter
subdivision F Miscellaneous provisions 590AT Accused
person may waive entitlement (1)
An accused person
may waive any
or all entitlements the
accused person
would otherwise
have under
this chapter
division. (2)
The
waiver must be in writing and be given to the prosecution.
590AU
Court may waive requirement A court may
waive any requirement imposed by this chapter division in
relation to a relevant proceeding if it is satisfied
there is a good reason for waiving the
requirement and that waiving the
requirement will
not result in
a miscarriage of
justice. 590AV Disclosure
directions under particular provisions (1)
The
court may make a disclosure direction on the court’s own
initiative or on an application made by the
accused person. (2) The court may make a disclosure
direction on the conditions, whether about
the circumstances of disclosure or otherwise, it
considers appropriate. (3)
Without limiting
subsection (2),
the court may
make a
disclosure direction on condition
that— (a) partial disclosure only be made;
or (b) disclosure only
be made to
a lawyer acting
for the accused person;
or (c) particular persons are excluded from
the room in which the court is sitting for all or part of the
proceedings; or (d) reporting of
the proceedings be
limited in
a particular way.
(4) In this section— Current as at 27
November 2013 Page 373
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590AW] disclosure direction
means a
direction for
a relevant proceeding under
section 590AO, 590AOA, 590AP, 590AQ or 590AS.
590AW
When issues about disclosure must be resolved Any issue about
compliance with this chapter division must, if possible, be
resolved before evidence starts to be heard at the
relevant proceeding. 590AX Unauthorised
copying of sensitive evidence (1)
A
person in possession of sensitive evidence for the purposes
of a relevant
proceeding commits
an offence if,
without authority, the
person copies or permits a person to copy the sensitive
evidence. Maximum penalty—100 penalty
units or
2 years imprisonment. (2)
A
person has possession of sensitive evidence for the purposes
of a
relevant proceeding only if— (a)
the
sensitive evidence was given to the person under this
chapter division; or (b)
the
sensitive evidence came into the person’s possession
directly or
incidentally, including
by an opportunity given, because
the person is a public official. (3)
A
person has authority only if the person copies or permits a
person to
copy sensitive
evidence for
a legitimate purpose
connected with a proceeding.
(4) In this section— public
official includes— (a)
a
police officer; and (b) a person
appointed, engaged
or employed under
the Director of Public Prosecutions Act
1984 . Page 374 Current as at 27
November 2013
Chapter division 4 Schedule 1 The
Criminal Code Part 8 Procedure Chapter 62
Trial—adjournment—pleas— practice [s 590A]
Disclosure by an accused person
590A Notice of alibi (1)
An accused person
shall not
upon the
person’s trial
on indictment, without the leave of the
court, adduce evidence in support of
an alibi unless,
before the
expiration of
the prescribed period, the person gives
notice of particulars of the alibi.
(2) An accused
person shall
not upon the
person’s trial
on indictment, without
the leave of
the court, call
any other person to give
evidence in support of an alibi unless— (a)
the
notice under subsection (1) includes the name and
address of the person or, if the name or
address is not known to
the accused person
at the time
the accused person gives the
notice, any information in the accused person’s
possession that may be of material assistance in
locating the person; or (b)
where the name or address is not included in
the notice, the court is
satisfied that
the accused person,
before giving the
notice, took and thereafter continued to take all reasonable
steps to secure that the name or address would be
ascertained; or (c) where the name or address is not
included in the notice and the accused person subsequently
discovers the name or address or receives other information
that may be of material assistance in locating the person,
the accused person gives notice forthwith of the name,
address or, as the case may be, other information;
or (d) where the accused person is notified
by or on behalf of the director of public prosecutions that the
person has not been traced by the name or located at
the address given, the accused person gives notice
forthwith of any information then in the accused person’s
possession or Current as at 27 November 2013
Page
375
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590B] subsequently
received by the accused person that may be of material
assistance in locating the person. (3)
The
court shall not refuse leave under this section if it
appears to the court that the accused person was
not, upon the accused person’s committal for trial, informed
by the justices of the requirements of this section.
(4) Evidence tendered
to disprove an
alibi may,
subject to
a direction by
the court, be
given before
or after evidence
is given in support of the alibi.
(5) A notice purporting to be given under
this section on behalf of the accused
person by
the person’s solicitor
shall, until
the contrary is proved, be deemed to be
given with the authority of the accused person.
(6) A notice under this section—
(a) shall be in writing; and
(b) shall be given to the director of
public prosecutions; and (c) shall
be duly given
if it is
delivered to
or left at
the Office of the Director of Public
Prosecutions or sent by certified mail
addressed to
the director of
public prosecutions at
the director’s office. (7) In this
section— evidence in
support of
an alibi means
evidence tending
to show that by reason of the presence of
the accused person at a particular place or in a particular
area at a particular time the accused person
was not, or was unlikely to have been, at the place where the
offence is alleged to have been committed at the time of its
alleged commission. the prescribed period means the period
of 14 days after the date of the committal for trial of the
accused person. 590B Advance notice of expert
evidence (1) If an
accused person
intends to
adduce expert
evidence in
relation to an issue in the person’s trial,
the person must— Page 376 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590C] (a)
as
soon as practicable—give the other parties to the trial
written notice of the name of the expert,
and any finding or opinion he or she proposes to adduce;
and (b) as soon
as practicable before
the trial date—give
the other parties
to the proceeding a
copy of
the expert report on which
the finding or opinion is based. (2)
The
directions judge under section 590AA or trial judge may
fix
times for compliance with subsection (1). 590C
Advance notice of representation if person
who made it is unavailable (1)
If an accused
person intends
to adduce evidence
of a representation
under the Evidence Act 1977 , section 93B,
the accused person
must, as
soon as
practicable before
the person’s trial date, give each of the
other parties to the trial written notice of the person’s
intention. (2) The notice must state—
(a) the accused
person intends
to adduce evidence
of a representation under
the Evidence Act
1977 ,
section 93B; and
(b) the name of the person with personal
knowledge of an asserted fact who made a representation and
the reason the person is
unavailable to
give evidence
about the
asserted fact; and (c)
the name of
the person who
saw, heard
or otherwise perceived the
representation; and (d) details of
the representation and
the circumstances in
which it was made. (3)
The
directions judge under section 590AA or trial judge may
fix
a time for compliance with subsection (1). Current as at 27
November 2013 Page 377
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590D] Chapter division
4A Disclosure obligation directions 590D
Purpose and scope of ch div 4A
(1) This chapter
division makes
particular provision
for disclosure obligation
directions. (2) This chapter division does not
affect— (a) any other power a court has
in relation to
a failure to
comply with
a disclosure obligation, including, for
example, to exclude evidence if it would be
unfair to an accused person to admit the evidence;
or (b) any other
action that
may be taken
against a
party in
relation to
a failure to
comply with
a disclosure obligation. (3)
This chapter
division does
not limit the
making of
practice directions by
the Chief Justice or Chief Judge about disclosure
in a
proceeding. 590E Definitions for ch div 4A
In
this chapter division— arresting officer
has the same
meaning it
has in chapter
division 3. disclosure
obligation means— (a)
the
obligation of the prosecution, for the purposes of a
relevant proceeding under chapter division
3, to comply with the
requirements of
that chapter
division for
disclosure, other
than the
obligation to
comply with
a disclosure direction as defined in
section 590AV; or (b) the obligation of
an accused person
to comply with
requirements of chapter division 4 for
disclosure. Page 378 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590F] disclosure obligation direction
means a
direction or
ruling under
section 590AA(2)(ba), to
the extent it
relates to
compliance with a disclosure
obligation. party , to a
proceeding, means— (a) an accused person who is charged with
an offence the subject of the proceeding; or
(b) the prosecution in relation to an
offence the subject of the proceeding. prosecution has the same
meaning it has in chapter division 3. 590F
Subject matter for disclosure obligation
direction (1) A disclosure obligation direction may
provide for any of the following— (a)
whether a
party to
a proceeding has
a disclosure obligation in
relation to another party to the proceeding; (b)
requiring that a particular thing must be
disclosed; (c) allowing the court to inspect a
particular thing to decide whether the court should further
direct that a party has a disclosure obligation in relation to
the thing; (d) allowing the
court to
examine the
arresting officer
to decide whether
the prosecution has
a disclosure obligation in
relation to a particular thing; (e)
requiring that
the arresting officer
file an
affidavit to
allow the court to decide whether the
prosecution has a disclosure obligation in relation to a
particular thing; (f) allowing the accused person or a
lawyer acting for the accused person to cross-examine the
arresting officer on an affidavit
mentioned in
paragraph (e)
to allow the
court to decide whether the prosecution has
a disclosure obligation in relation to a particular
thing; (g) how a disclosure obligation is to be
complied with in a particular case; Current as at 27
November 2013 Page 379
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 590G] (h)
setting a
timetable for
compliance with
a disclosure obligation. (2)
Subsection (1) does not limit section
590AA(2)(ba). (3) The court may make a disclosure
obligation direction on the conditions,
whether about the circumstances of disclosure or
otherwise, it considers appropriate.
(4) If a
date is
set for the
commencement of
the hearing of
evidence in
the proceeding, any
examination or
cross-examination allowed
for in a
disclosure obligation direction must
be conducted before that date. (5)
If a person
is examined by
the court as
provided for
in subsection (1)(d), required to file an
affidavit as provided for in subsection (1)(e)
or cross-examined as
provided for
in subsection (1)(f),
the person is
not excused from
failing to
answer a question or file an affidavit on
the ground that the answer or
affidavit might
tend to
incriminate the
person because the
person would be required to admit to a failure to
comply with a disclosure obligation.
(6) However, the answer or affidavit is
not admissible against the person in
a criminal proceeding, other
than a
perjury proceeding in
relation to the answer or affidavit. (7)
In
this section— perjury proceeding ,
in relation to
an answer or
affidavit, means a
proceeding in which the falsity or misleading nature
of
the answer or affidavit is relevant. 590G
Application for disclosure obligation
direction (1) The procedures applying in relation to
an application under section 590AA(1) by a party to a
proceeding for a disclosure obligation
direction are stated in the Criminal
Practice Rules 1999 , chapter
9A. (2) To the
greatest practicable extent,
the procedures apply
in addition to, and do not limit, the
procedures applying under the Criminal
Practice Rules 1999 , chapter 9. Page 380
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 591] (3)
The
existence of the procedures mentioned in subsection (1) is
not
intended to stop either party to a proceeding from writing
to, or otherwise
communicating information to,
the other party to resolve
issues arising over a disclosure obligation. Chapter division
5 Bringing on trial and ordering
adjournment 591
Accelerating trial of persons not under
committal When an
indictment is
presented in
any court against
any person who has not been committed for
trial or held to bail upon the charge set forth in the
indictment, and the accused person is not
brought to trial within a year after the indictment
is presented, the
court may,
upon the
application of
the accused person or any of the accused
persons, if more than 1, authorise the
accused person
to bring on
the trial, and
the accused person may bring on the trial
accordingly, unless in the meantime the court is informed
that the Crown will not further proceed upon the
indictment. 592 Adjournment of trial
(1) The court to which a person has been
committed or remanded for trial
on indictment or
before which
an indictment is
presented may,
if it thinks
fit, adjourn
the trial and
may remand the accused person
accordingly. (1A) A trial may be
adjourned whether or not— (a) the accused
person is present; or (b) the accused
person has been called upon to plead to the indictment;
or (c) a jury has been sworn; or
(d) evidence has been given.
(2) The Crown shall, where it is proposed
to make application for an adjournment in the absence of an
accused person who is Current as at 27 November 2013
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 593] detained in a
place of legal detention, notify in writing that
accused person— (a)
that
the application is to be made and the nature, date,
time
and place thereof; and (b) that
the accused person
may furnish to
the court a
statement in writing in relation to the
application; and (c) that the accused person may be
represented by counsel on the hearing of the
application. (3) For the purposes of this
section— adjourn the trial includes
postpone the trial in a case where the accused
person has not been called upon to plead to the indictment. 593
Directions as to trial upon
adjournment (1) Where the trial of a person charged or
to be charged with an offence on
indictment is
adjourned, the
court in
open court
may
direct the trial to be held at a later sittings of the same
court or before some other court of
competent jurisdiction. (1A) Upon a direction
in the latter case, the indictment and other proceedings
shall be transmitted by the proper officer of the
court giving the direction to the proper
officer of the court to which the accused person is remanded
and the latter court has the same jurisdiction to try the
accused person as if the person had been
committed originally to be tried before it. (2)
Where the court directs a trial to be held
at a later sittings of the same court, it shall at the same
time pronounce the time and place for the commencement of the
sittings to which the trial is adjourned.
593A Warrant to bring witness before
court (1) This section
applies if
an indictment has
been presented
against a person before a court.
(2) If the court is satisfied by evidence
on oath that— Page 382 Current as at 27
November 2013
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Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 594A] (a)
a
witness has evaded service of a subpoena; or (b)
a
witness is likely to evade service of a subpoena;
the
court may make an order for the issue of a warrant to bring
the
witness before the court at a time and place stated in the
warrant. Chapter division
6 Corporation as accused person
594A Presence in court and plea where
accused person is a corporation (1)
Where an
indictment is
presented against
a corporation in
respect of
an indictable offence,
the corporation may
be present in
court by
its representative and
it may, on
arraignment, enter a plea in writing by its
representative. (1A) Any
plea so
entered by
the representative shall
for all purposes be
taken to be a plea entered by the corporation. (2)
If
the corporation is not present in court by its
representative or if, though it is so present, it does not
enter a plea in writing by its representative, the court shall
order a plea of not guilty to be entered on behalf of the
corporation. (2A) A plea so
entered has the same effect as if it had been actually
pleaded, and
the trial of
the corporation may
proceed accordingly. (3)
In respect of
a trial, any
requirement by
law that anything
shall be done in the presence of the accused
person or shall be read or said to or asked of the accused
person shall, in the case of a
corporation present
in court by
its representative, be
construed as a requirement that that thing
shall be done in the presence of the representative or read
or said to or asked of the representative. (3A)
If
the corporation is not present in court by its
representative, it shall not be necessary for the thing to
be done or read or said Current as at 27 November 2013
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 595] or asked.
(4) Where, in respect of a trial, anything
is required to be done or said by the accused person personally,
it may, in the case of a corporation present in court by its
representative, be done or said by the representative, and
anything so done or said shall for all purposes
be taken to be done or said by the corporation. (4A)
Nothing contained in subsection (4) limits
the provisions of subsection (1) or (1A) or the provisions of
section 616. (5) In this section— representative means a person
appointed by the corporation to represent it for
the purposes of this section; but a person so appointed
is not, by
virtue only
of being so
appointed, qualified to act
on behalf of the corporation before the court for any other
purpose. (6) A representative need not be appointed
under the seal of the corporation; and
a statement in
writing purporting to
be signed by a managing director of the
corporation or by any other person (by whatever name called)
having, or being one of the persons having, the management
of the affairs of the corporation to
the effect that
the person named
in the statement
has been appointed
as the representative of
the corporation for the purposes of this
section shall be admissible without further
proof as prima facie evidence that that person has been so
appointed. Chapter division 7 Applications by
accused person about indictment 595
Delivery of copy of indictment
When
an indictment is presented against any person, the court
is
required, upon the person’s application, to order a copy of
the
indictment to be delivered to the person without fee.
Page
384 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 596] 596
Motion to quash indictment
(1) The accused person may before pleading
apply to the court to quash the
indictment on
the ground that
it is calculated to
prejudice or embarrass the person in the
person’s defence to the charge, or that it is formally
defective. (2) Upon such motion the court may quash
the indictment, or may order it to be amended in such manner
as the court thinks just, or may refuse the motion.
597 Misnomer If the accused
person says that the person is wrongly named in the indictment,
the court may, on being satisfied by affidavit or otherwise of
the error, order the indictment to be amended. Chapter division
8 Separate trials 597A
Separate trials where 2 or more charges
against the same person (1)
Where before a trial or at any time during a
trial the court is of opinion that
the accused person
may be prejudiced or
embarrassed in the person’s defence by
reason of the person’s being charged
with more
than 1
offence in
the same indictment or
that for any other reason it is desirable to direct
that
the person should be tried separately for any 1 or more
than
1 offence charged in an indictment the court may order a
separate trial of any count or counts in the
indictment. (1AA) In
considering potential
prejudice, embarrassment or
other reason
for ordering separate
trials under
this provision
in relation to alleged offences of a
sexual nature, the court must not have regard
to the possibility that similar fact evidence, the
probative value
of which outweighs
its potentially prejudicial
effect, may be the result of collusion or suggestion.
(1A) The court may
discharge a jury sworn from giving a verdict on the count or
counts directed to be tried separately. Current as at 27
November 2013 Page 385
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 597B] (2)
The procedure on
the separate trial
of a count
shall be
the same in
all respects as
if the count
had been set
out in a
separate indictment. (3)
The
court may adjourn a separate trial, remand the accused
person and make such orders as to bail and
otherwise as the court thinks fit. (4)
For
the purposes of this section— adjourn a
separate trial includes postpone a separate trial in
a case where
the accused person
has not been called
upon to
plead to a count in an indictment.
597B Separate trials When 2 or more
persons are charged in the same indictment, whether with the
same offence or with different offences, the court may, at
any time during the trial, on the application of
any
of the accused persons, direct that the trial of the accused
persons or any of them shall be had
separately from the trial of the other or
others of them, and for that purpose may, if a jury
has
been sworn, discharge the jury from giving a verdict as to
any
of the accused persons. Chapter division 9 Pleas
597C Accused person to be called on to
plead to indictment (1) On the presentation of the indictment
or at any later time, the accused person is to be informed in
open court of the offence with which he or she is charged, as
set forth in the indictment, and is to be
called upon to plead to the indictment, and to say
whether he or she is guilty or not guilty of
the charge. (2) If the indictment contains more than
one count, a plea to any number of
counts may,
with the
consent of
the accused person, be taken
at one and the same time on the basis that the plea to one
count will be treated as a plea to any number of
similar counts on the same
indictment. Page 386 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 597C] (3)
The
trial is deemed to begin and the accused person is deemed
to
be brought to trial when the person is so called upon.
(4) The court may allow anything that must
or may be done in relation to the arraignment of the accused
person to be done over an audiovisual link or audio link, if
the court considers use of the link is in the interests of
justice. (4A) However, the
court may not allow the use of an audiovisual link or audio
link under subsection (4) if facilities mentioned
in
subsection (5A)(a) are not available at the court or the
place where the accused person is present.
(4B) For subsection
(4), in deciding whether use of an audio link is
in
the interests of justice, the court must have regard to the
desirability of
an accused person’s
arraignment being
done over
an audiovisual link,
rather than
an audio link,
if an audiovisual link
is available. (5) For subsection (4),
anything done, for
the accused person’s
arraignment, over an audiovisual link or
audio link between the person and the court sitting in open
court is taken to be done in open court.
(5A) If
an accused person’s
arraignment is
done over
an audiovisual link or audio link and the
person’s representative in the proceeding is at the place
where the court is sitting— (a)
the
court and the place where the person is present must
make facilities available
for private communication between the
person and the person’s representative; and (b)
a
communication between the person and the person’s
representative is as confidential and
inadmissible in any proceeding as it would be if it took place
between the person and
the person’s representative while
in each other’s
presence. (5B) Subsection (5A)(b)
does not
limit any
other protection applying to the
communication. (6) The provisions of the
Evidence Act 1977 relating to the
use of an audiovisual link
or audio link
in criminal proceedings apply for, and
are not limited by, subsection (4). Current as at 27
November 2013 Page 387
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 598] 598
Pleas (1)
If
the accused person does not apply to quash the indictment
or move for
a separate trial
of any count
or counts of
the indictment, the person must either
plead to it, or demur to it on the ground that
it does not disclose any offence cognisable by the
court. (2) If the accused person pleads, the
person may plead either— (a) that
the person is
guilty of
the offence charged
in the indictment, or,
with the
consent of
the Crown, of
any other offence
of which the
person might
be convicted upon the
indictment; or (b) that the person is not guilty;
or (c) that the
person has
already been
convicted upon
an indictment on
which the
person might
have been
convicted of
the offence with
which the
person is
charged, or has already been convicted of an
offence of which the
person might
be convicted upon
the indictment; or (d)
that the
person has
already been
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 of an offence of which the person might be
convicted upon the indictment; or (e)
that
the person has already been tried and convicted or
acquitted of
an offence committed
or alleged to
be committed under such circumstances
that the person can not under the
provisions of
this Code
be tried for
the offence charged in the indictment;
or (f) that the
person has
received the
Royal pardon
for the offence charged
in the indictment; or (g) that the court
has no jurisdiction to try the person for the offence.
Page
388 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 599] (3)
Two
or more pleas may be pleaded together, except that the
plea
of guilty can not be pleaded with any other plea to the
same
charge. (4) An accused person may plead and demur
together. 599 Defence of justification for
defamation to be specially pleaded A
person charged
with the
offence defined
in section 365,
who sets up
as a defence
the modified statutory
defence of
justification within
the meaning of
that section,
must plead
that
defence specially, and may plead it with any other plea,
except the plea of guilty.
600 Persons committed for sentence
(1) When a person has been committed by a
justice for sentence for an offence, the person is to be
called upon to plead to the indictment in
the same manner
as other persons,
and may plead either
that the person is guilty of the offence charged in
the
indictment or, with the consent of the Crown, of any other
offence of
which the
person might
be convicted upon
the indictment. (2)
If
the person pleads not guilty, the court, upon being
satisfied that the person duly admitted before the
justice that the person was guilty
of the offence
charged in
the indictment, is
to direct a
plea of
guilty to
be entered, notwithstanding the
person’s plea of not guilty.
(3) A plea so entered has the same effect
as if it had been actually pleaded. (4)
If
the court is not so satisfied, or if, notwithstanding that
the accused person
pleads guilty,
it appears to
the court upon
examination of
the depositions of
the witnesses that
the person has not in fact committed the
offence charged in the indictment or any other offence of
which the person might be convicted upon the indictment, the
plea of not guilty is to be Current as at 27 November 2013
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 601] entered, and the
trial is to proceed as in other cases when that plea is
pleaded. (5) A person who has been committed for
sentence may plead any of the other pleas mentioned in
section 598. 601 Standing mute (1)
If an accused
person, on
being called
upon to
plead to
an indictment, will not plead or answer
directly to the indictment, the court may,
if it thinks fit, order a plea of not guilty to be
entered on behalf of the accused
person. (2) A plea so entered has the same effect
as if it had been actually pleaded. 602
Plea
of autrefois convict or autrefois acquit In a plea that
the accused person has already been convicted or acquitted, it
is sufficient to state that the accused person has
been
lawfully convicted or acquitted, as the case may be, of
the
offence charged in the indictment, or of the other offence
of
which the person alleges that the person has been convicted
or
acquitted, and, in the latter case, to describe the offence
by any term by which it is commonly
known. 603 Trial on plea to the
jurisdiction Upon a
plea to
the jurisdiction of
the court, the
court is
to proceed to
satisfy itself
in such manner
and upon such
evidence as it thinks fit, whether it has
jurisdiction or not, and may ascertain the fact by the verdict
of a jury or otherwise. 604 Trial by
jury (1) Subject to
chapter division
9A and subsection (2),
if the accused person
pleads any plea or pleas other than the plea of guilty, a plea
of autrefois acquit or autrefois convict or a plea
to the jurisdiction of
the court, the
person is
by such plea,
Page
390 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 605] without any
further form, deemed to have demanded that the issues raised by
such plea or pleas shall be tried by a jury, and
is
entitled to have them tried accordingly. (2)
Issues raised by a plea of autrefois acquit
or autrefois convict must be tried by the court.
605 Demurrer (1)
When
an accused person demurs only and does not plead any
plea, the court is to proceed to hear and
determine the matter forthwith. (2)
If
the demurrer is overruled, the accused person is to be
called upon to plead to the indictment.
(3) When an accused person pleads and
demurs together, it is in the discretion of the court whether
the plea or demurrer shall be first disposed of.
(4) No joinder in demurrer is
necessary. 613 Want of understanding of accused
person (1) If, when
the accused person
is called upon
to plead to
the indictment, it appears to be
uncertain, for any reason, whether the person is
capable of understanding the proceedings at the trial, so as to
be able to make a proper defence, a jury of 12 persons,
to be chosen
from the
panel of
jurors, are
to be empanelled
forthwith, who are to be sworn to find whether the
person is so capable or no.
(2) If the
jury find
that the
accused person
is capable of
understanding the
proceedings, the
trial is
to proceed as
in other cases. (3)
If
the jury find that the person is not so capable they are to
say whether the person is so found by them for
the reason that the accused person is of unsound mind or for
some other reason which they shall specify, and the finding is
to be recorded, and the court may order the accused person to be
discharged, or may order the person to be kept in custody
in such place and Current as at 27 November 2013
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 614] in such manner
as the court thinks fit, until the person can be
dealt with according to law.
(4) A person
so found to
be incapable of
understanding the
proceedings at the trial may be again
indicted and tried for the offence. Chapter division
9A Trial by judge alone 614
Application for order (1)
If
an accused person is committed for trial on a charge of an
offence or charged on indictment of an
offence, the prosecutor or the accused person may apply to the
court for an order ( no jury
order ) that the accused person be tried by a
judge sitting without a jury. (2)
The application must
be made under
section 590AA
before the trial
begins. (3) If the identity of the trial judge is
known to the parties when the application is decided, a no jury
order may be made only if the court is satisfied there are
special reasons for making it. (4)
Subsection (3)
does not
limit section
615 or any
other restriction on
making a no jury order imposed by this chapter division.
(5) The court
may inform itself
in any way
it considers appropriate in
relation to the application. (6)
For
subsection (2), the trial begins when the jury panel attends
before the court. 615
Making a no jury order (1)
The
court may make a no jury order if it considers it is in the
interests of justice to do so.
Page
392 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 615A] (2)
However, if the prosecutor applies for the
no jury order, the court may only make the no jury order if the
accused person consents to it. (3)
If
the accused person is not represented by a lawyer, the court
must
be satisfied that the accused person properly understands
the
nature of the application. (4) Without
limiting subsection (1),
(2) or (3),
the court may
make
a no jury order if it considers that any of the following
apply— (a)
the
trial, because of its complexity or length or both, is
likely to be unreasonably burdensome to a
jury; (b) there is a real possibility that acts
that may constitute an offence under
section 119B
would be
committed in
relation to a member of a jury;
(c) there has
been significant pre-trial
publicity that
may affect jury deliberations.
(5) Without limiting subsection (1), the
court may refuse to make a no jury order if it considers the
trial will involve a factual issue
that requires
the application of
objective community
standards including, for example, an issue
of reasonableness, negligence, indecency, obscenity or
dangerousness. 615A More than 1 charge or accused
person (1) If an accused person is charged with 2
or more charges that are to
be tried together,
the court must
not make a
no jury order
in relation to
1 of the
charges unless
the court also
makes a no jury order in relation to each
other charge. (2) If 2 or more accused persons are to be
tried together, the court must not make a no jury order in
relation to 1 of the accused persons unless
the court also makes a no jury order in relation
to
each other accused person. (3) To remove any
doubt, it is declared that— (a)
each
of the accused persons must consent to the making
of
the no jury order; and Current as at 27 November 2013
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 615B] (b)
the
making of an order for a separate trial under section
597A
or the giving of a direction about the separate trial
of an accused
person under
section 597B
does not
prevent the making of a no jury
order. 615B Law and procedure to be applied
(1) In a
trial by
a judge sitting
without a
jury, the
judge must
apply, so far as is practicable, the same
principles of law and procedure as would be applied in a
trial before a jury. (2) In a trial by a
judge sitting without a jury, the judge may view
a
place or thing. (3) If an Act or the common law—
(a) requires information or
a warning or
instruction to
be given to the jury in particular
circumstances; or (b) prohibits a
warning from
being given
to a jury
in particular circumstances;
the
judge in a trial by a judge sitting without a jury must take
the requirement or
prohibition into
account if
the circumstances arise in the course of
the trial. 615C Judge’s verdict and judgment
(1) In a trial by a judge sitting without
a jury— (a) the judge may make any findings and
give any verdict that a jury could have made or given if the
trial had been before a jury; and (b)
any
finding or verdict of the judge has, for all purposes,
the
same effect as a finding or verdict of a jury. (2)
Without limiting
subsection (1),
chapter 67
applies with
all necessary changes
in relation to
a person to
be tried, being
tried, or tried by a judge sitting without a
jury in the same way as it applies to persons tried by a
judge sitting with a jury. Page 394 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 615D] (3)
The
judgment of the judge in a trial by a judge sitting without
a
jury must include the principles of law that he or she has
applied and the findings of fact on which he
or she has relied. (4) The validity of the proceeding is not
affected by a trial judge’s failure to
comply with subsection (3). 615D Particular
proceedings excluded from application This chapter
division does not apply to— (a)
a
trial on indictment before a Childrens Court judge; or
Note — See also
Youth
Justice Act 1992 , part 6. (b)
a
trial on indictment of any offence against a law of the
Commonwealth. 615E
References to trial by jury
(1) In an Act, a reference to the trial of
a person by jury, however expressed, includes, unless the
contrary intention appears, a reference to the
trial of the person by a judge sitting without a
jury
under this chapter division. (2)
In
an Act, a reference to a jury in the trial of a person,
however expressed, includes, unless the contrary
intention appears, a reference to a judge sitting without a
jury under this chapter division. Chapter division
10 Appearances and fair conduct
616 Defence by counsel (1)
Every person charged with an offence is
entitled to make the person’s defence
at the person’s
trial and
to have the
witnesses examined
and cross-examined by
the person’s counsel.
Current as at 27 November 2013
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Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 617] (2)
In
this section— counsel includes
any person entitled
to audience as
an advocate. 617
Presence of accused (1)
Subject to this section the trial must take
place in the presence of the accused person.
(2) If an
accused person
so conducts himself
or herself as
to render the
continuance of
the proceedings in
the person’s presence
impracticable, the court may order the person to be
removed and may direct the trial to proceed
in the person’s absence. (3)
Where 2
or more accused
persons are
charged in
the 1 indictment, if
it is made to appear to the court that any of them
is unable to
be present by
reason of
the person’s illness
or infirmity, the court may permit the
person to be absent during the whole or any part of the trial if
it is satisfied— (a) that the
interests of
the accused person
will not
be prejudiced by
the trial proceeding in
the person’s absence;
and (b) that the interests of justice require
that the trial should proceed in the person’s
absence. (4) The court
may in any
case permit
a person charged
with a
misdemeanour to be absent during the whole
or any part of the trial on such conditions as it thinks
fit. (5) If an accused person absents himself
or herself during the trial without leave,
the court may direct a warrant to be issued to arrest
the person and
bring the
person before
the court forthwith. 617A
Juries The
law respecting the
qualifications of
jurors and
the summoning of jurors to attend for the
trial of persons charged Page 396 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 618] with indictable
offences, and the challenges allowed to such persons, is set
forth in the laws relating to juries and jurors.
Chapter division 11 Trial of
issues 618 Evidence in defence
At the close
of the evidence
for the prosecution the
proper officer of the
court shall ask the accused person whether the person intends
to adduce evidence in the person’s defence. 619
Speeches by counsel (1)
Before any evidence is given at the trial of
an accused person the counsel for the Crown is entitled to
address the jury for the purpose of opening the evidence
intended to be adduced for the prosecution. (2)
If
the accused person or any of the accused persons, if more
than
1, is defended by counsel, and if such counsel or any of
such
counsel says that the accused person does not intend to
adduce evidence,
the counsel for
the Crown is
entitled to
address the jury a second time for the
purpose of summing up the evidence
already given
against such
accused person
or persons for whom evidence is not
intended to be adduced. (3) At the close of
the evidence for the prosecution the accused person, and each
of the accused persons, if more than 1, may by himself,
herself or the person’s counsel address the jury for
the
purpose of opening the evidence (if any) intended to be
adduced for the defence, and after the whole
of the evidence is given may again address the jury upon the
whole case. (4) If evidence is adduced for an accused
person, the counsel for the Crown is entitled to reply.
(5) If evidence
is adduced for
1 or more
of several accused
persons, but not for all of them, the
counsel for the Crown is entitled to
reply with
respect to
the person or
persons by
Current as at 27 November 2013
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Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 620] whom
evidence is
so adduced, but
not with respect
to the other or others
of them. (6) However, a
Crown Law
Officer is
entitled to
reply in
all cases, whether evidence is adduced by
any accused person or not. 620
Summing up (1)
After the
evidence is
concluded and
the counsel or
the accused person or persons, as the case
may be, have addressed the jury, it is the duty of the court
to instruct the jury as to the law applicable
to the case, with such observations upon the evidence as the
court thinks fit to make. (2) After
the court has
instructed the
jury they
are to consider
their verdict. 624
Special verdict In any case in
which it appears to the court that the question whether an
accused person ought or ought not to be convicted
of
an offence may depend upon some specific fact, or that the
proper punishment to
be awarded upon
conviction may
depend upon some specific fact, the court
may require the jury to find that fact specially.
625 General verdict on charge of
defamation Notwithstanding the provisions of section
624, the jury, on the trial of a person charged with the
offence defined in section 365, may give a general verdict of
guilty or not guilty upon the whole matter in issue, in like
manner as in other cases. Page 398 Current as at 27
November 2013
Chapter division 12 Schedule 1 The
Criminal Code Part 8 Procedure Chapter 62
Trial—adjournment—pleas— practice [s 630]
Other provisions 630
Procedure on charge of an offence committed
after previous conviction (1)
The proceedings upon
an indictment for
committing an
offence after a previous conviction or
convictions are required to be as follows, that is to
say— (a) the accused person is in the first
instance to be called upon to
plead to
so much only
of the indictment as
charges the subsequent offence;
(b) if the
accused person
pleads any
plea which
raises an
issue to be tried by a jury, the jury are to
be charged in the first instance to inquire concerning the
subsequent offence only; (c)
if
the accused person pleads guilty, or if upon trial the
accused person is convicted of the
subsequent offence, the person is then, and not before, to be
asked whether the person had been previously convicted as
alleged in the indictment; (d)
if
the accused person answers that the person had been
so
previously convicted, the court may proceed to pass
sentence upon the person accordingly;
(e) if the accused person denies that the
person had been so previously convicted, or will not answer
directly to the question, the
jury are
then to
be charged to
inquire concerning the
previous conviction or convictions; and in that case it
is not necessary that the jury should be sworn
afresh, but
the oath already
taken by
them is
deemed to extend to such last mentioned
inquiry. (2) However, if on the trial of a person
charged with a subsequent offence, the
person offers
evidence of
the person’s good
character, the Crown may, in answer thereto,
and before any verdict is given, offer evidence of the
person’s conviction of the previous offence or offences, and
in that case the jury are required to
inquire concerning the
previous conviction or
Current as at 27 November 2013
Page
399
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 62 Trial—adjournment—pleas—
practice [s 631] convictions at
the same time that they inquire concerning the subsequent
offence. 631 Further pleas (1)
When
the issues raised by any plea or pleas, except the plea of
not guilty, have
been found
against an
accused person
who has not
pleaded the
plea of
not guilty, the
person is
to be called
upon to
plead afresh,
and, if
those issues
have been
tried by a jury, the court may direct the
issues raised by any fresh plea to be tried by the same
jury or by another jury. (2) If the court
directs them to be tried by the same jury, it is not
necessary that the jury should be sworn
afresh, but the oath already taken by them is to be deemed
to extend to the trial of such fresh issues. 631A
Plea
of guilty during trial (1) If, at any time
before the jury returns its verdict, the accused
person informs the court that—
(a) he or
she wishes to
change his
or her plea
to one of
guilty of the offence charged in the
indictment; or (b) he or she wishes to plead guilty to
any other offence of which he or she might be convicted
upon the indictment; the court— (c)
in
the case referred to in paragraph (a)—may direct that
the
accused person be again called upon in open court to
plead to the indictment, and to say whether
he or she is guilty or not guilty of the offence charged;
or (d) in the
case referred
to in paragraph
(b)—may direct,
with
the consent of the Crown, that the accused person
be called upon
in open court
to plead to
any other offence of which
he or she might be convicted upon the indictment, and
to say whether he or she is guilty or not guilty of that
offence. Page 400 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 63 Evidence—presumptions of
fact [s 632] (1A)
It is not
necessary for
the plea to
be taken in
the jury’s presence.
(2) If the
accused person
does not
plead guilty
to the offence
charged in the indictment or, in the
circumstances described in subsection (1)(d), to another
offence, the trial shall proceed. (3)
If
the accused person pleads guilty to the offence charged in
the indictment or,
in the circumstances described
in subsection (1)(d),
to another offence,
the jury shall
be discharged from giving their verdict
in respect of the offence charged in the indictment.
(4) A plea of guilty to an offence made by
the accused person in the circumstances described in this
section shall have effect as if made by him
or her when called upon at the beginning of a trial to plead
to an indictment charging him or her with that offence.
Chapter 63 Evidence—presumptions of fact
632 Corroboration (1)
A person may
be convicted of
an offence on
the uncorroborated testimony
of 1 witness,
unless this
Code expressly
provides to the contrary. Editor’s note —
See
sections 52 (Sedition), 125 (Evidence on charge of perjury) and
195 (Evidence). (2)
On
the trial of a person for an offence, a judge is not
required by any rule of law or practice to warn the
jury that it is unsafe to convict the accused on the
uncorroborated testimony of 1 witness.
(3) Subsection (1) or (2) does not prevent
a judge from making a comment on
the evidence given
in the trial
that it
is Current as at 27 November 2013
Page
401
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 63 Evidence—presumptions of
fact [s 634] appropriate to
make in the interests of justice, but the judge must not warn or
suggest in any way to the jury that the law regards any
class of persons as unreliable witnesses. 634
Evidence on trials for perjury and
subornation On the trial of a person charged with an
offence of which the giving of false testimony by any
person at the trial of a person charged with an
offence is an element, a certificate setting out
the
substance and effect only, without the formal parts, of the
indictment or complaint, and the proceedings
at the trial, and purporting to be signed by the officer
having the custody of the records
of the court
where the
indictment or
complaint was tried, or by
the officer’s deputy, is sufficient evidence of the trial,
without proof of the signature or official character of
the
person who appears to have signed the certificate.
635 Evidence of previous conviction
(1) On the trial of a person
charged with an
offence alleged
to have been committed after a previous
conviction, a certificate setting out the substance and effect
only, without the formal parts, of
the indictment, verdict,
and judgment, or
of the complaint
and conviction, purporting to
be signed by
the officer having the custody of the
records of the court where the accused
person was
first convicted, or
by the officer’s
deputy is,
upon proof
of the identity
of the person
of the offender,
sufficient evidence of the conviction, without proof
of the signature
or official character
of the person
who appears to have signed the
certificate. (2) If the
previous conviction was
a summary conviction, the
conviction is
presumed not
to have been
appealed against
until the contrary is shown.
636 Evidence of blood relationship
(1) In this section— Page 402
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 63 Evidence—presumptions of
fact [s 638] blood
relationship means
the blood relationship existing
between a person charged with a prescribed
offence and the person in respect of whom or, as the case
may be, with whom a prescribed offence is alleged to have been
committed. prescribed offence means an
offence— (a) defined in section 222; or
(b) defined in section 208, 210 or 216(2)
where it is alleged as a circumstance of
aggravation that
the offence was
committed in respect of a child under the
age of 16 years who is the lineal descendant of the person
charged. (2) On the trial of a person charged with
a prescribed offence— (a) blood
relationship is
sufficiently proved
by proof that
the
relationship is reputed to exist and it is not necessary
to
prove that the person charged or the person in respect
of
whom or with whom the prescribed offence is alleged
to
have been committed or any person (living or dead)
upon
whom the blood relationship depends was born in lawful wedlock;
and (b) the person
charged is,
until the
contrary is
proved, presumed
to have had
knowledge at
the time the
prescribed offence is alleged to have been
committed of the blood relationship. 638
Evidence of authority The
averment in
an indictment that
the prosecution is
instituted by the direction of or with the
consent of a Crown Law Officer, or with the consent of the
Attorney-General, or with the consent of the director of
public prosecutions, or at the request
of the Government of
any State, is
sufficient evidence of the
fact, until the contrary is shown. Current as at 27
November 2013 Page 403
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 63 Evidence—presumptions of
fact [s 639] 639
Averments about public officers and public
service officers or employees On the trial of
a person charged with any offence of which the fact
that some
person was
at some particular time
a public officer or
public service officer or employee is an element, the
averment in
the indictment or
complaint that
any person therein
mentioned was
a public officer
or public service
officer or
employee at
any time therein
stated is
sufficient evidence of the
fact, until the contrary is shown. 641
Evidence on certain charges of stealing
money (1) On the trial of a person charged with
stealing, while employed in the public service, money which was
the property of Her Majesty, or which came into the person’s
possession by virtue of the person’s employment, or charged
with stealing, while a clerk or
servant, money
which was
the property of
the person’s employer or which came into
the person’s possession on account of the person’s employer or
being a trustee within the meaning
of the Trust
Accounts Act
1973 charged
with stealing money
of which the person is a trustee on behalf of any other
person, an entry in any book of account kept by the
accused person, or kept in, under, or
subject to, the person’s charge or supervision, purporting to
be an entry of the receipt of any
money, is
evidence that
the money so
purporting to
have
been received was so received by the person. (2)
On
the trial of a person charged with any such offence, it is
not
necessary to prove the stealing by the accused person of
any
specific sum of money, if, on examination of the books of
account or entries kept or made by the
person, or kept or made in, under, or subject to, the person’s
charge or supervision, or by any other evidence, there is proof
of a general deficiency, and if the jury are satisfied that the
accused person stole the deficient money or any part of
it. (3) And on the trial of a person charged
with any offence as a trustee referred to in subsection (1),
the ownership of or the right, title, use or benefit in, to or
of the money the subject Page 404 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 63 Evidence—presumptions of
fact [s 642] matter of the
charge may be laid in the indictment in the name
of
any one or other of the persons (the beneficiaries ) of
whose money the
person charged
is the trustee
as aforesaid specifying any
one of the
beneficiaries by
name with
the addition of
the words ‘and
others’, and
it is immaterial whether or not
the evidence establishes that the said money was the property
of any specific one of the beneficiaries, or that the right,
title, use or benefit in, to or of the said money
was
in any specific one of the beneficiaries and the indictment
will
be sustained so far as regards that allegation upon proof
that
the property in, or the right, title, use or benefit in, to or
of the money was
in one or
other of
the beneficiaries without
ascertaining which of them.
(4) For subsection (1) or (3), the
reference to a trustee within the meaning
of the Trust
Accounts Act
1973 includes
a legal practitioner
associate of a law practice, within the meaning of
the Legal Profession Act
2007 ,
if part 3.3
of the Legal
Profession Act 2007 applies to the
law practice. 642 Evidence on charges relating to seals
and stamps On the trial of a person charged with any
offence relating to any seal or stamp used for the purposes of
the public revenue, or of the post office, in any part of Her
Majesty’s dominions or in any
foreign state,
a dispatch from
1 of Her
Majesty’s Principal
Secretaries of
State, transmitting to
the Governor any stamp, mark,
or impression, and stating it to be a genuine stamp,
mark, or
impression, of
a die, plate,
or other instrument,
provided, made, or used, by or under the direction
of the proper
authority of
the country in
question for
the purpose of expressing or denoting any
stamp duty or postal charge, is
admissible as
evidence of
the facts stated
in the dispatch; and
the stamp, mark, or impression, so transmitted may be used by
the court and jury and by witnesses for the purposes of
comparison. Current as at 27 November 2013
Page
405
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 63 Evidence—presumptions of
fact [s 643] 643
Intention to injure, deceive or
defraud On the trial of a person charged with any
offence of which an intent to injure or deceive or defraud, or
an intent to enable another person to deceive or defraud, is an
element, it is not necessary to prove an intent to injure or
deceive or defraud any particular person,
or an intent
to enable any
particular person to
deceive or defraud any particular person. 644
Admissions (1)
An accused person
may by himself,
herself or
the person’s counsel admit on
the trial any fact alleged against the person, and
such admission
is sufficient proof
of the fact
without other
evidence. (2) The Crown may by its counsel admit on
the trial of an accused any fact relevant to the trial where
the accused is in agreement with this being
done, and such admission is sufficient proof of the fact without
other evidence. (3) In this section— trial
also
includes, and it is hereby declared to have always
included, proceedings before justices
dealing summarily with an indictable offence.
644A Witness giving incriminating
answers (1) A person who is called as a witness in
any proceeding for an offence against section 59, 60, 87,
98C, 101, 118, 120, 121, 122, 127
or 133, must
not be excused
from answering
any question relating to the offence on
the ground that the answer to the question may incriminate or
tend to incriminate himself or
herself. (2) An answer to a question in a
proceeding to which this section applies is not
admissible in evidence against the person giving
the
answer other than in the proceeding or in a prosecution for
perjury in respect of the answer.
Page
406 Current as at 27 November 2013
Chapter 63A Schedule 1 The
Criminal Code Part 8 Procedure Chapter 63A
Nonattendance of witness [s 644B] Nonattendance of
witness 644B Nonattendance of individual
(1) This section
applies if
an individual fails
to comply with
a subpoena or
order of
a court requiring
attendance to
give evidence
or produce a
document or
thing to
the court or
a person having authority to take
evidence for the court. (2) The court may
make an order for the issue of a warrant for— (a)
the
arrest of the individual; and (b)
the production of
the individual as
required by
the subpoena or
order for
the purpose of
the proceeding; and
(c) the detention in custody of the
individual until released by the court. (3)
The court may
order an
individual who
did not attend
as required by
the subpoena or
order to
pay the costs
and expenses wasted
by, or resulting
from, noncompliance with
the
subpoena or order. 644C Nonattendance of corporation
(1) This section
applies if
a corporation or
an officer of
the corporation fails
to comply with
a subpoena or
order of
a court requiring
attendance to
give evidence
or produce a
document or thing to the court or a person
having authority to take evidence for the court.
(2) The court may make an order for the
issue of a warrant for— (a) the arrest of
the officer of the corporation to whom the subpoena or
order was directed; and (b) the production
of the officer as required by the subpoena or order for the
purpose of the proceeding; and (c)
the
detention in custody of the officer until released by
the
court. Current as at 27 November 2013
Page
407
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 64 Verdict—judgment
[s
644D] (3) However, if the subpoena or order was
directed to the ‘proper officer’ of the corporation, the court
may make an order for the issue of a warrant for the arrest
of a particular officer only if it is proved
the officer had received the subpoena or order, or otherwise had
actual knowledge of it. (4) The
court may
order a
corporation that
did not attend
as required by
the subpoena or
order to
pay the costs
and expenses wasted
by, or resulting
from, noncompliance with
the
subpoena or order. 644D Noncompliance is contempt of
court (1) Failure to comply with a subpoena
without lawful excuse is contempt of court and a person who
fails to comply may be dealt with for contempt of
court. (2) Nothing in section 644B or 644C
affects a court’s power to punish for contempt.
Chapter 64 Verdict—judgment 645
Accused person insane during trial
(1) If on the trial of any person charged
with an indictable offence it is alleged or appears that the
person is not of sound mind, the jury are to
be required to consider the matter, and if the jury find that
the person is not of sound mind, the finding is to
be
recorded, and thereupon the court is required to order the
person to be kept in strict custody, in such
place and in such manner as the court thinks fit, until the
person is dealt with under the Mental Health
Act 2000 . (2) A
person so
found to
be not of
sound mind
may be again
indicted and tried for the offence.
Page
408 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 64 Verdict—judgment
[s
646] 646 Discharge of persons acquitted
If
the jury find that the accused person is not guilty, or give
any
other verdict which shows that the person is not liable to
punishment, the person is entitled to be
discharged from the charge of which the person is so
acquitted. 647 Acquittal on ground of insanity
(1) However, if,
on the trial
of a person
charged with
any indictable offence, it is alleged or
appears that the person was not
of sound mind
at the time
when the
act or omission
alleged to constitute the offence occurred,
the jury are to be required to find specially, if they find
that the person is not guilty, whether the person was of
unsound mind at the time when such act or omission took place,
and to say whether the person is acquitted by them on account
of such unsoundness of mind; and if they find that the person
was of unsound mind at the time when such act or omission took
place, and say that the person is
acquitted by
them on
account of
such unsoundness of
mind, the court is required to order the person to be kept in
strict custody, in such place and in such manner
as
the court thinks fit, until the person is dealt with pursuant
to the Mental Health Act 2000
. (2) In any such case
the Governor, in the name of Her Majesty, may
give such
order for
the safe custody
of such person
during the Governor’s pleasure, in such
place of confinement, and in such manner, as the Governor in
Council may think fit. 648 Convicted person
to be called on to show cause When an accused
person pleads that the person is guilty of any
offence, and
when, upon
trial, an
accused person
is convicted of any offence, the proper
officer is required to ask the person
whether the
person has
anything to
say why sentence
should not
be passed upon
the person, but
an omission to do so does not invalidate
the judgment. Current as at 27 November 2013
Page
409
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 64 Verdict—judgment
[s
649] 649 Arrest of judgment (1)
A
person convicted of an indictable offence, whether on the
person’s plea of guilty or otherwise, may at
any time before sentence move that judgment be arrested on
the ground that the indictment does not disclose any
offence. (2) Upon the hearing of the motion the
court may allow any such amendments of the indictment as it
might have allowed before verdict. (3)
The
court may either hear and determine the motion forthwith
or
may reserve the question of law for the consideration of the
Court of Appeal as hereinafter
provided. 650 Sentence If a motion to
arrest the judgment is not made or is dismissed,
the court may
pass sentence
upon the
offender forthwith
or make any other order it may make by
law instead of passing sentence. 651
Court
may decide summary offences if a person is charged on
indictment (1) If an indictment has been presented
against a person before a court, the court may also, subject to
section 652(2) to (4) and subsection (2),
hear and
decide summarily
any charge of
a summary offence that has been laid
against the person. (2) The court
must not
hear and
decide the
summary offence
unless— (a)
the
court considers it appropriate to do so; and (b)
the
accused person is represented by a legal practitioner;
and (c) the
Crown and
the accused consent
to the court
so doing; and (d)
the
accused person states his or her intention of entering
a
plea of guilty to the charge; and Page 410
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 64 Verdict—judgment
[s
651] (e) the complaint or bench charge sheet
for the offence, or a copy, is
before the
court, whether
or not returnable before another
court. (3) Subject to
this section,
the practices of
the court and
the express provisions of this Code
relating to taking a plea on an indictment apply
to the taking
of a plea
to the charge
in a complaint or
bench charge sheet. (4) On convicting the person of the
summary offence, the court may make
any orders in
relation to
the conviction a
Magistrates Court may make.
(5) The power to make rules for the court
extends to the making of rules in relation to the practice
and procedure to be applied in the hearing
and decision summarily of summary offences by the
court. (6) If the court hears and decides a
charge summarily, the court has jurisdiction
despite the time that has elapsed from the time when the matter
of complaint of the charge arose. (7)
In
this section— summary offence means—
(a) a simple or regulatory offence;
or (b) an offence for which—
(i) proceedings for
a charge of
the offence may
be taken summarily
under the
Drugs Misuse
Act 1986 ; and
(ii) the prosecution
has made an election under section 118 of that Act;
or (c) an indictable offence against this
Code if, under section 552A, the prosecution has elected to
have a charge for the offence heard and decided summarily;
or (d) an indictable offence against this
Code if, under section 552BA, the
charge for
the offence must
be heard and
decided summarily. Current as at 27
November 2013 Page 411
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 64 Verdict—judgment
[s
652] 652 Proceedings to transmit charge for
summary offence (1) A charge
for a summary
offence may
be transmitted to
the registry of a court for the purpose of
the charge being dealt with under section 651 at any time
despite any limitation in any Act
as to the
time for
commencing proceedings for
a summary offence. (2)
If a person
charged with
committing a
summary offence
wishes to have the offence heard and decided
under section 651, he or she must make written application
to the clerk of the relevant court
of summary jurisdiction to
take any
necessary steps
to transmit the
relevant complaint
or bench charge sheet to
the registrar of the court that is to deal with the
charge under section 651 (the
receiving court ).
(3) An application under
subsection (2)
must be
a written statement signed
by the applicant containing at least— (a)
a
declaration by that person under the Oaths Act
1867 ; and (b)
the
following information— (i) the charge to be
transmitted; (ii) the
defendant’s intention
to plead guilty
to the offence
charged; (iii) that
the defendant wishes
to have the
charge transferred for
no other reason than to plead guilty to the charge
before the receiving court. (4)
On
being satisfied that the application fulfils the
requirements of this section
the clerk of
the relevant court
of summary jurisdiction must
transmit, by
any secure and
expeditious means,
the relevant complaint
or bench charge
sheet, or
a copy, to the registrar of the
receiving court. (5) On the
final decision
of the transmitted charge
by the receiving
court, the
registrar of
the court must,
within 1
calendar month, notify the result of the
decision to the clerk of the relevant
court of
summary jurisdiction from
which the
Page
412 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 64 Verdict—judgment
[s
653] charge was transmitted and no further
appearance is required in that court by any party to the
proceeding. 653 Remission of proceedings to court
exercising summary jurisdiction (1)
This section
applies if
a charge against
a person for
a summary offence
has been transmitted to
the registry of
a court for
the purpose of
the charge being
dealt with
under section
651. (2) If— (a)
the
person states an intention of entering a plea of not
guilty before the court to the charge or
enters a plea of not guilty before the court to the charge;
or (b) any of
the
conditions mentioned in
section 651(2)
are not satisfied; or (c)
the person has
been dealt
with on
the indictment mentioned
in section 651(1)
before the
charge for
the summary offence is brought before the
court; or (d) for any other reason the court decides
not to deal with the charge; the court must
direct that the charge must be heard by a court exercising
summary jurisdiction and order the court registrar
to
send the relevant court record to the registrar of the court
exercising summary jurisdiction.
659 Effect of summary conviction for
indictable offences When a person has been summarily convicted
of an indictable offence, the
conviction is
to be deemed
a conviction of
a simple offence only, and not of an
indictable offence. Current as at 27 November 2013
Page
413
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 65 Costs [s 660]
Chapter 65 Costs
660 Costs of prosecution in certain
cases (1) When a person is convicted on
indictment of any indictable offence relating
to the person of any person, the court, on the application of
the
person aggrieved by the offence, may, in addition to any
sentence which is passed upon the offender, adjudge
the offender to
pay to the
person aggrieved
the person’s costs of prosecution,
together with a sum by way of compensation for
any loss of time suffered by the person by reason of the
offence of which the offender is convicted. (2)
An order for
the payment of
such costs,
or of any
sum so awarded
by way of
compensation, may
be enforced in
the same manner as a judgment of the court
given in an action. (3) If any money was found on the person
of the offender on the offender’s arrest, the court may order
it to be applied towards the payment
of any money
so ordered to
be paid by
the offender. (4)
When
an order is made under the provisions of this section for
the payment of
money by
way of compensation to
an aggrieved person,
the offender is
not liable to
any civil proceedings for
the same cause at the suit of that person. 662
Taxation (1)
Costs of a prosecution or defence must be
taxed by the proper officer of the court in which the indictment
is presented. (2) In this section— costs of
defence includes costs incurred by the accused
person both before and after the person’s
committal. costs of
prosecution includes
costs incurred
by the person
aggrieved in order to the committal of the
offender, and costs incurred by the person with the consent of
the Crown for the purposes of the trial. Page 414
Current as at 27 November 2013
Chapter 67 Schedule 1 The
Criminal Code Part 8 Procedure Chapter 67
Appeal—pardon [s 668] Appeal—pardon 668
Definitions (1)
In
this chapter— appellant includes
a person who
has been convicted
and desires to appeal under this
chapter. Court means the Court
of Appeal. court of trial means any court
from whose finding, sentence, or
other determination a
person is
by this Act
entitled to
appeal or to apply for leave to
appeal. registrar means the
registrar of the Court. sentence includes
any order made
by the court
of trial on
conviction of a person with reference to the
person’s person or property whether
or not the
person is
adversely affected
thereby and
whether or
not the order
is made instead
of passing sentence. (2)
The
power of the Court to pass any sentence includes a power
to
make any such order. (3) For
the purposes of
this chapter
a person acquitted
on the ground of
insanity, where such insanity was not set up as a
defence by
the person, shall
be deemed to
be a person
convicted, and any order to keep the person
in custody shall be deemed to be a sentence.
668A Reference by Attorney-General of
pre-trial direction or ruling (1)
The Attorney-General may
refer to
the Court for
its consideration and
opinion a
point of
law that has
arisen in
relation to a direction or ruling under
section 590AA given by another court as to the conduct of a
trial or pre-trial hearing. (2)
If a
reference is made— Current as at 27 November 2013
Page
415
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 668B]
(a) the Attorney-General must give notice
of the reference to the other court and the accused person;
and (b) the other court— (i)
must
adjourn the trial until the Court has given its opinion on the
point; and (ii) may make the
other orders it considers appropriate, including
an order about
remanding the
accused person;
and (c) the Court must hear argument on the
reference— (i) by the Attorney-General; and
(ii) by
the accused person
if the accused
person wishes;
and (d) after hearing argument on the
reference, the Court— (i) must
consider the
point referred
and give the
Attorney-General its opinion on the point;
and (ii) may
make the
orders it
considers appropriate, including
the directions or
rulings it
considers appropriate to
give effect to its opinion. (3)
In
this section— adjourn ,
for a trial
where the
accused person
has not been
called on
to plead to
the indictment, includes
postpone the
trial. 668B
Reservation of points of law
(1) When any person is indicted for any
indictable offence, the court of
trial must,
on the application of
counsel for
the accused person made before verdict,
and may in its discretion, either before
or after judgment,
without such
application, reserve any
question of law which arises on the trial for the
consideration of the Court.
(2) If the accused person is convicted,
and a question of law has been so reserved before judgment, the
court of trial may either Page 416 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 668C]
pronounce judgment on the conviction and
respite execution of the judgment, or postpone the judgment
until the question has been considered and decided, and may
either commit the person convicted
to prison or
grant bail
to the person
conditioned to appear at such time and place
as the court of trial may direct, and to render himself or
herself in execution, or to receive judgment, as the case
may be. (3) The judge of the court of trial is
thereupon required to state, in a case signed by
the judge, the question of law so reserved, with the special
circumstances upon which it arose; and the case is to be
transmitted to the Court. (4) Any question so
reserved is to be heard and determined as an appeal by the
Court. (5) The Court may send the case back to be
amended or restated if it thinks it necessary so to
do. 668C Appeal from arrest of judgment
(1) When the court of trial before which a
person is convicted on indictment arrests
judgment, the
court is
required, on
the application of counsel for the
prosecution, to reserve a case for the
consideration of the Court as hereinbefore provided.
(2) On the hearing of the case the Court
may affirm or reverse the order arresting judgment.
(3) If the order is reversed, the Court is
to direct that judgment be pronounced upon
the offender, and
the offender is
to be ordered
to appear at
such time
and place as
the Court may
direct to
receive judgment,
and any justice
may issue a
warrant for the arrest of the
offender. (4) An offender so arrested may be granted
bail by order of the Court or a judge thereof, which may be
made at the time when the order
directing judgment
to be pronounced is
made, or
afterwards. Current as at 27
November 2013 Page 417
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 668D]
668D Right of appeal (1)
A
person convicted on indictment, or a person convicted of a
summary offence by a court under section
651, may appeal to the Court— (a)
against the
person’s conviction on
any ground which
involves a question of law alone; and
(b) with the leave of the Court, or upon
the certificate of the judge of the court of trial that it is
a fit case for appeal, against the person’s conviction on any
ground of appeal which involves a question of fact alone, or
question of mixed law and fact, or any other ground
which appears to the Court to be a sufficient ground of
appeal; and (c) with the leave of the Court, against
the sentence passed on the person’s conviction.
(2) A person summarily convicted under
section 651 may appeal to the court, with the leave of the
court, against the sentence passed
on conviction, including
any order made
under that
section. 668E
Determination of appeal in ordinary
cases (1) The Court on any such appeal against
conviction shall allow the appeal if it is of opinion that
the verdict of the jury should be set aside on
the ground that it is unreasonable, or can not be
supported having regard to the evidence, or
that the judgment of the court of trial should be set aside on
the ground of the wrong decision of any question of law, or
that on any ground whatsoever there
was a miscarriage of
justice, and
in any other case shall
dismiss the appeal. (1A) However,
the Court may,
notwithstanding that
it is of
the opinion that the point or points
raised by the appeal might be decided
in favour of
the appellant, dismiss
the appeal if
it considers that
no substantial miscarriage of
justice has
actually occurred. (2)
Subject to
the special provisions of
this chapter,
the Court shall,
if it allows
an appeal against
conviction, quash
the Page 418 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 668F]
conviction and direct a judgment and verdict
of acquittal to be entered. (3)
On
an appeal against a sentence, the Court, if it is of opinion
that some
other sentence,
whether more
or less severe,
is warranted in law and should have been
passed, shall quash the sentence and pass such other sentence
in substitution therefor, and in any other case shall dismiss
the appeal. 668F Powers of Court in special
cases (1) If it
appears to
the Court that
an appellant, though
not properly convicted on some count or
part of the indictment, has been properly convicted on some
other count or part of the indictment, the Court may either
affirm the sentence passed at the trial or
pass such sentence, whether more or less severe, in
substitution therefor,
as it thinks
proper, and
as may be
warranted in law by the conviction on the
count or part of the indictment on
which it
considers the
appellant has
been properly
convicted. (2) Where an appellant has been convicted
of an offence, and the jury could on the indictment have
found the appellant guilty of some other offence, and on the
finding of the jury it appears to
the Court that
the jury must
have been
satisfied of
facts which
proved the
appellant guilty of
that other
offence, the
Court may,
instead of
allowing or
dismissing the
appeal, substitute for
the verdict found by the jury a verdict of guilty
of
that other offence, and pass such sentence in substitution
for
the sentence passed at the trial as may be warranted in law
for
that other offence, not being a sentence of greater
severity. (3) Where, on the conviction of the
appellant, the jury have found a
special verdict,
and the Court
considers that
a wrong conclusion has
been arrived
at by the
court of
trial on
the effect of that verdict, the Court may,
instead of allowing the appeal, order such conclusion to be
recorded as appears to the Court to
be in law
required by
the verdict, and
pass such
sentence, whether more or less severe, in
substitution for the sentence passed at the trial, as may
be warranted in law. Current as at 27 November 2013
Page
419
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 669]
(4) If on
any appeal it
appears to
the Court that,
although the
appellant committed
the act or
made the
omission charged
against the appellant, the appellant was not
of sound mind at the time when
the act or
omission alleged
to constitute the
offence occurred,
so as not
to be responsible therefor
according to law, the Court may quash the
sentence passed at the trial, and order the appellant to be
kept in strict custody in the same
manner as
if a jury
had found that
fact specially
under section 647. 669
Power
to grant new trial (1) On an
appeal against
a conviction on
indictment, the
Court may,
either of
its own motion
or on the
application of
the appellant, order a new trial in such
manner as it thinks fit, if the Court
considers that a miscarriage of justice has occurred,
and that, having
regard to
all the circumstances, such
miscarriage of justice can be more
adequately remedied by an order for a new trial than by any
other order which the Court is empowered to
make. (2) If the Court makes an order for a new
trial and the appellant is not granted
bail, the
order is
taken to
be a warrant
for the appellant’s
detention under the Corrective Services Act 2006
, section 9(1)(a). 669A
Appeal by Attorney-General
(1) The Attorney-General may
appeal to
the Court against
any sentence pronounced by—
(a) the court of trial; or
(b) a court
of summary jurisdiction in
a case where
an indictable offence is dealt with
summarily by that court; and the
Court may
in its unfettered discretion vary
the sentence and
impose such
sentence as
to the Court
seems proper.
Page
420 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 669A]
(1A) The
Attorney-General may
appeal to
the Court against
an order staying
proceedings or
further proceedings on
an indictment. (2)
The Attorney-General may
refer any
point of
law that has
arisen at the trial upon indictment of a
person in relation to any charge contained therein to the
Court for its consideration and opinion
thereon if the person charged has been— (a)
acquitted of the charge; or
(b) discharged in respect of that charge
after counsel for the Crown, as a result of a determination
of the court of trial on that point of law, has duly
informed the court that the Crown will not
further proceed upon the indictment in relation to that
charge; or (c) convicted, following a determination
of the court of trial on that point of law—
(i) of a
charge other
than the
charge that
was under consideration
when the point of law arose; or (ii)
of
the same charge with or without a circumstance of
aggravation. (2A) The
Attorney-General may
refer to
the Court for
its consideration and opinion a point of
law that has arisen at the summary trial
of a charge
of an indictable offence,
if the person charged
has been— (a) acquitted of the charge at the summary
trial; or (b) discharged on the charge after the
prosecution, because of a decision on the point of law by
the court of trial, indicates to the court that it will not
further proceed on the charge in the proceeding before the
court; or (c) convicted, following a determination
of the court of trial on that point of law—
(i) of a
charge other
than the
charge that
was under consideration
when the point of law arose; or Current as at 27
November 2013 Page 421
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 670]
(ii) of the same
charge with or without a circumstance of
aggravation. (3) Notice of the reference shall be given
to the person acquitted or, as the case may be,
discharged. (4) Upon the reference the Court shall
hear argument— (a) by the
Attorney-General or
by counsel on
the Attorney-General’s behalf; and
(b) if the
person so
desires, by
the person acquitted
or discharged or by counsel on his or her
behalf; and thereupon shall consider the point
referred and furnish to the Attorney-General its opinion
thereon. (5) Where the
reference relates
to a trial
in which the
person charged has been
acquitted or convicted, the reference shall not
affect the
trial of
nor the acquittal
or conviction of
the person. (6)
If a person
convicted summarily
of an indictable offence
appeals to a District Court judge under
the Justices Act 1886 ,
section 222 or the Youth Justice
Act 1992 , part 6, division 9, subdivision 3,
and, in
relation to
the same conviction, the
Attorney-General appeals under this
section— (a) the convicted person’s appeal is, by
force of this section, removed to the Court of Appeal;
and (b) both appeals
must be
heard together
by the Court
of Appeal. (7)
In
this section— discharged includes the
dismissal or striking out of a charge at a summary
trial. 670 Revesting and restitution of property
on conviction (1) Subject to
section 134
of the Penalties
and Sentences Act
1992 ,
the operation of
any order for
the restitution of
any property, or for the payment of
compensation to an aggrieved person, made by
the court of trial, and the operation of the Page 422
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671]
provisions of section 26(1) of the
Sale
of Goods Act 1896 as to the revesting of
the property in stolen goods on conviction, shall (unless
such court directs to the contrary in any case in
which in its opinion the title to the
property is not in dispute) be
suspended— (a) until the expiration of the time
provided for appealing to the Court; and (b)
where notice
of appeal or
of application for
leave to
appeal is
given within
the time provided,
until the
determination of the appeal or refusal of
the application or, where the appeal is by the
Attorney-General against sentence within
the time provided,
until the
determination of that appeal;
and in cases
where the
operation of
any such order
or the operation
of the said
provisions is
suspended until
the determination of
the appeal, the
order or
provisions, as
the case may be, shall not take effect as
to the property in question if the
conviction is quashed on appeal, except by the special
order of the Court. (2)
The Court may
annul or
vary any
such order,
although the
conviction is not quashed.
(3) Where any
matter arises
before the
Court in
relation to
the operation or suspension of the
operation of any such order as aforesaid or the
operation or suspension of the operation of such provisions
as aforesaid, the person in whose favour the order is made or
the person benefiting from the operation of the
said provisions, as
the case may
be, may by
himself, herself or the
person’s counsel or solicitor appear before the Court
and there make
submissions in
connection with
such matter.
671 Time for appealing (1)
Any
person convicted desiring to appeal to the Court, or to
obtain the leave of the Court to appeal from
any conviction or sentence, shall give notice of appeal or
notice of application Current as at 27 November 2013
Page
423
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671A]
for leave to
appeal, in
the prescribed manner,
within 1
calendar month of the date of such
conviction or sentence. (2) An
appeal to
the Court by
the Attorney-General against
sentence shall be made within 1 calendar
month of the date of such sentence. (3)
The time within
which notice
of appeal, or
notice of
an application for leave to appeal, may
be given or within which the Attorney-General may
appeal against
sentence may
be extended at any time by the
Court. 671A Judge’s notes and report to be
furnished on appeal (1) The judge of the court of trial shall,
in the case of any appeal or application for leave to appeal,
furnish to the registrar the judge’s notes of
the trial, and also a report giving the judge’s opinion upon the
case or upon any point arising in the case. (2)
However, where
shorthand notes
have been
taken in
accordance with this chapter, a transcript
of such notes may be furnished in lieu of such judge’s
notes. 671B Supplemental powers
(1) The Court may, if it thinks it
necessary or expedient in the interests of
justice— (a) order the production of any document,
exhibit, or other thing connected with the proceedings;
and (b) order any
persons who
would have
been compellable witnesses at the
trial to attend and be examined before the Court,
whether they were or were not called at the trial, or order
any such persons to be examined before any
judge of
the Court, or
before any
officer of
the Court, or justice, or other person
appointed by the Court for the purpose, and admit any
depositions so taken as evidence; and Page 424
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671D]
(c) receive the
evidence, if
tendered, of
any witness (including the
appellant) who is a competent, but not a compellable,
witness; and (d) where any
question arising
on the appeal
involves prolonged
examination of
documents or
accounts, or
any scientific or
local investigation, which
can not, in
the opinion of
the Court, be
conveniently conducted
before the
Court, refer
the question for
inquiry and
report to
a commissioner appointed
by the Court,
and act upon the report of such
commissioner so far as the Court thinks fit; and
(e) appoint any person with special expert
knowledge to act as assessor to the Court in any case in
which it appears to the Court that such special knowledge is
required for the determination of the case;
and
exercise in relation to the proceedings of the Court any
other powers which may for the time being be
exercised by the Supreme Court on appeals or applications
in civil matters, and issue any warrant or other process
necessary for enforcing the orders or sentences of the
Court. (2) However, in no case shall any sentence
be increased by reason of or in consideration of any evidence
that was not given at the trial. (3)
Subject to this chapter, the general rules
may provide that any application under
subsection (1)(a),
(b), (d),
or (e) may
be heard and determined by a judge of the
Court. 671D Right of appellant to be
present (1) An appellant, notwithstanding that the
appellant is in custody, shall be entitled to be present if the
appellant desires it, on the hearing of the
appellant’s appeal, except where the appeal is on some ground
involving a question of law alone. (1A)
On
an appeal on such ground, and on an application for leave
to
appeal, and on any proceedings preliminary or incidental to
Current as at 27 November 2013
Page
425
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671E]
an appeal, the
appellant shall
not be entitled
to be present,
except by leave of the Court.
(2) The power of the Court to pass any
sentence may be exercised notwithstanding that the appellant is
not present. 671E Appeals permitted in writing
An
appellant shall be entitled to present the appellant’s case
and argument to
the Court in
writing if
the appellant so
desires. 671F
Costs
of appeal (1) On the
hearing or
determination of
an appeal, or
any proceedings preliminary or incidental
thereto, no costs shall be allowed on either side.
(2) The expenses of any assessor
appointed, and of any witnesses attending on the
order of the Court or examined, and of and incidental to
any examination or
reference, and
of the appearance of an
appellant on the hearing of the appeal or on any proceedings
preliminary or incidental to the appeal, shall be
defrayed out
of the Consolidated Fund
up to an
amount allowed by the
registrar; but, subject to any regulations as to
rates of
payment made
by the Crown
Law Officer, the
decision of the registrar may be reviewed by
the Court or a judge thereof. 671G
Grant
of bail to appellant and custody when attending Court
(1) An appellant
who is not
granted bail
shall, pending
the determination of the appeal, be
treated in such manner as may be directed
under the laws relating to prisons. (2)
The period the
appellant is
in custody pending
the determination of
the appeal counts
as part of
any term of
imprisonment under the appellant’s
sentence. Page 426 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671G]
(3) If an appellant is released on bail
pending the determination of the
appeal— (a) the period
the appellant is
released on
bail does
not count as
part of
any term of
imprisonment under
the appellant’s sentence, whether passed
by the court of trial or the Court; and (b)
the appellant’s imprisonment under
the appellant’s sentence resumes
or begins to run, as the case requires, on the day the
appellant is received into prison under the appellant’s
sentence. (4) Provision shall be made under the laws
relating to prisons for the manner in which an appellant, when
in custody, is to be brought to
any place where
the appellant is
entitled to
be present, or
ordered to
be taken, for
the purposes of
this chapter,
and for the
manner in
which the
appellant is
to be kept in custody
whilst absent from prison for the purpose; and an appellant
whilst in custody in accordance with those laws shall be deemed
to be in legal custody. (5) Where
pursuant to
an appeal to
the Court by
the Attorney-General against
sentence the
Court varies
the sentence— (a)
by
imposing a term of imprisonment; or (b)
in a case
where the
court of
trial imposed
a term of
imprisonment—by increasing the term of
imprisonment imposed; then, subject to
any order the Court may make or any direction it may give to
the contrary in the circumstances— (c)
the term of
imprisonment referred
to in paragraph
(a) shall commence from the time the
person in question is received into
prison pursuant
to the decision
of the Court
or, where that
person is
already in
prison in
respect of imprisonment arising out of
another matter, from the date of the decision of the
Court; (d) in the
service of
the increased term
of imprisonment referred to in
paragraph (b) by the person in question, Current as at 27
November 2013 Page 427
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671H]
any part of
the sentence already
served by
the person shall be taken
into account. 671H Duties of registrar
(1) The registrar
shall take
all necessary steps
for obtaining a
hearing of
any appeals or
applications, notice
of which is
given to
the registrar, and
shall obtain
and lay before
the Court in proper form all documents,
exhibits, and other things relating to the proceedings in the
court of trial which appear necessary
for the proper
determination of
the appeal or
application. (2)
If it appears
to
the registrar that any
notice of
appeal or
of application for
leave to
appeal against
a conviction or
sentence does not show any substantial
ground of appeal, the registrar may
refer the
appeal to
the Court for
summary determination; and
the Court may
thereupon, if
it considers that the appeal
is frivolous or vexatious, dismiss the appeal summarily
without calling
upon any
person to
attend the
hearing. (3)
The registrar shall
furnish the
necessary forms
and instructions in
relation to
notices of
appeals or
notices of
application to
any person who
demands the
same, and
to officers of
courts, the
chief executive
(corrective services), and to such
other officers or persons as the registrar thinks fit,
and
the chief executive (corrective services) shall cause such
forms and instructions to be placed at the
disposal of prisoners desiring to appeal or to make any
application, and shall cause any
such notice
given by
a prisoner for
whom the
chief executive
(corrective services)
has responsibility to
be forwarded on behalf of the prisoner to
the registrar. 671J Documents, exhibits etc.
Any
documents, exhibits, or other things connected with any
proceedings before
a court of
trial, in
respect of
which any
person is entitled or may be authorised to
appeal, shall be kept in the custody of the court of trial
for such time as may be Page 428 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671K]
prescribed, subject to such power as may be
prescribed for the conditional release of any such documents,
exhibits, or other things from that custody.
671K Recording of trial proceedings
(1) The Recording of
Evidence Act 1962 , section 5 provides for recording the
proceedings at a trial of a person on indictment.
(2) On any notice of appeal or application
for leave to appeal, a record of the proceedings or any part
thereof shall, if directed by the registrar, be furnished to the
registrar for the use of the Court or any
judge thereof. (3) A copy of a record of proceedings or
of any part thereof may be furnished
to any party
interested in
accordance with
provisions of
the Criminal Practice
Rules 1999
and the Criminal
Practice Rules 1999 , without limiting the generality
of the foregoing, may
prescribe, in
respect of
a trial or
in respect of
an appeal or
in respect of
both a
trial and
an appeal— (a)
charges for the copy of the record or part
thereof; or (b) circumstances in which such charges
may be varied or waived and on whose or by what authority
they may be varied or waived; or (c)
who is a
‘party interested’ for
the purpose of
having furnished
to the person
a copy of
the record or
part thereof;
or (d) the authorisation of the furnishing of
a copy of a record of proceedings or of any part thereof to any
other person on the ground that such person has a
sufficient interest therein, and
by whom any
such authorisation may
be made. (4)
In
addition to the foregoing, the Attorney-General may cause
a
copy of a record of proceedings or of any part thereof to be
furnished to any person in such
circumstances and subject to such conditions
as the Attorney-General thinks fit. Current as at 27
November 2013 Page 429
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 671L]
(5) The Crown
is entitled to
receive a
copy of
any record of
proceedings or
of any part
thereof without
payment of
any charge. (6)
The furnishing in
accordance with
this section
and, in
an appropriate case, the
Criminal Practice Rules 1999
of a
copy of any record of proceedings or of any part
thereof shall not render the
Crown, a
Crown Law
Officer, the
registrar, a
recorder under the Recording of
Evidence Act 1962 or other person
responsible for or associated with that furnishing liable
in
any way in law in respect thereof. 671L
Powers exercisable by a judge
The
powers of the Court to give leave to appeal, to extend the
time
in which notice of appeal or of an application for leave to
appeal may be given and to allow the
appellant to be present at any proceedings in cases where the
appellant is not entitled to be present
without leave may be exercised by any judge of the
Court in
the same manner
as they may
be exercised by
the Court, and
subject to
the same provisions; but
if the judge
refuses an application on the part of the
appellant to exercise any such power in the appellant’s
favour, the appellant shall be entitled to have
the application determined by the Court. 672
Appeals from the decisions of the
Court (1) Where an appeal to the Court is
upheld, and the appellant is entitled to have
the conviction against the appellant quashed by
order of
the Court, the
Court may,
upon application on
behalf of the Crown, at any time before the
release of such appellant, either by the same or by a
separate order, direct that execution of the
order quashing the appellant’s conviction be stayed
for such time
(not exceeding
7 days) as
the Court thinks
fit; and
the Court or
a judge thereof
shall thereupon
make such
order for
the detention of
the appellant or
the appellant’s return to any former
custody, or for granting bail to the
appellant, as the Court or judge thinks fit, for the time
during which such stay has been
directed. Page 430 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 67 Appeal—pardon [s 672A]
(2) The Court or a judge thereof may, upon
application by or on behalf of
the Crown Law
Officer, make
such order
for the detention of the
appellant or for granting bail to the appellant pending
the hearing of
an appeal to
the High Court
of Australia as the Court or a judge may
think fit, and may at any time vary or rescind such
order. (3) On the
application of
any appellant deeming
himself or
herself wronged
by any failure
to diligently prosecute
such appeal, the
Court or a judge thereof may order the immediate
execution of
the original order
of the Court
quashing the
conviction, and may order the appellant’s
immediate release, and the Court may further, if it thinks fit,
award the appellant such compensation as appears just.
672A Pardoning power preserved
Nothing in
sections 668
to 672 shall
affect the
pardoning power
of the Governor
on behalf of
Her Majesty, but
the Crown Law Officer, on the
consideration of any petition for the exercise of
the pardoning power having reference to the conviction of
any person or
to any sentence
passed on
a convicted person, may—
(a) refer the whole case to the Court, and
the case shall be heard and determined by the Court as in the
case of an appeal by a person convicted; or
(b) if the Crown Law Officer desires the
assistance of the Court on any point arising in the case with
a view to the determination of
the petition, refer
that point
to the Court
for its opinion
thereon, and
the Court shall
consider the
point so
referred and
furnish the
Crown Law Officer with
its opinion thereon accordingly. 675
Conditional remission of sentence by
Governor (1) In any case in which the Governor is
authorised, on behalf of Her Majesty, to extend the Royal mercy
to an offender under sentence of
imprisonment, the
Governor may
extend mercy
Current as at 27 November 2013
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Procedure Chapter 68 Exceptions to double jeopardy
rules [s 676] upon condition
of the offender entering into a recognisance
conditioned as
in the case
of offenders discharged by
the Court upon suspension of the execution
of a sentence. (2) The offender is thereupon liable to
the same obligations, and is liable to be dealt with in all
respects in the same manner, as a person
discharged by the Court on recognisance upon such
suspension. 676
Pardon in case of imprisonment for
non-payment of money The
Governor may
extend the
Royal mercy
to any person
imprisoned upon conviction of any of the
offences defined in chapter 44,
although the
person is
imprisoned for
non-payment of
money which
is payable to
some private
person. 677
Effect of pardon A pardon by the
Governor, on behalf of Her Majesty, has the effect
of discharging the
convicted person
from the
consequences of the conviction.
Chapter 68 Exceptions to
double jeopardy rules 678
Definitions (1)
In
this chapter— 25 year offence
means an
offence punishable by
imprisonment for life or for a period of 25
years or more. acquittal —
(a) includes— Page 432
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Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678A] (i)
an
acquittal in appeal proceedings in relation to an
offence; and (ii)
an
acquittal at the direction of a court; and (iii)
a dismissal under section
700 or the Justices Act
1886 , section 149;
but (b) does not include— (i)
an acquittal on
account of
unsoundness of
mind under section
647; or (ii) a discontinuance
of proceedings under the Mental Health Act
2000 , section 281. administration of
justice offence
means an
offence under
chapter 16. Court
means the Court of Appeal.
fresh and compelling evidence
see
section 678D. interests of justice see section
678F. tainted acquittal see section
678E. (2) For the
purposes of
this chapter,
the retrial of
an acquitted person for an
offence includes a trial if the offence is not the
same
as the offence of which the person was acquitted.
(3) In this
chapter, a
reference to
the proceedings in
which a
person was
acquitted includes,
if they were
appeal proceedings, a
reference to the earlier proceedings to which the appeal
related. 678A Application of ch 68
(1) This chapter
applies if,
after the
commencement of
this chapter,
a person is
acquitted of
an offence, whether
the offence is
committed before
or after the
commencement of
this
chapter. (2) However, this chapter does not apply
if, in relation to a charge of an offence,
although a person is acquitted of the offence as
charged, the person is convicted instead of
a lesser offence. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
Part 8
Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678B] Examples where
this chapter does not apply — •
in relation to
a charge of
the offence of
murder, a
person is
acquitted of murder and convicted instead of
manslaughter • in relation to a charge of an offence
committed with circumstances of aggravation, a
person is acquitted of the offence committed with
circumstances of aggravation and convicted
instead of the offence without any of the circumstances of
aggravation (3) This section
extends to
a person acquitted
in proceedings outside
this State
of an offence
under the
law of the
place where the
proceedings were held. (4) However,
this section
does not
extend as
mentioned in
subsection (3) if the law of the place where
the proceedings were held
does not
permit the
person to
be retried and
the application of this chapter to the
retrial is inconsistent with the Commonwealth
Constitution or a law of the Commonwealth. 678B
Court
may order retrial for murder—fresh and compelling
evidence (1)
The Court may,
on the application of
the director of
public prosecutions,
order an acquitted person to be retried for the offence of
murder if satisfied that— (a) there
is fresh and
compelling evidence
against the
acquitted person in relation to the offence;
and (b) in all the circumstances it is in the
interests of justice for the order to be made.
(2) The Court may order a person to be
retried for the offence of murder under this section even if the
person had been charged with and acquitted of a lesser
offence. (3) If the Court orders an acquitted
person to be retried for the offence of
murder, the Court must quash the person’s acquittal
or
remove the acquittal as a bar to the person being retried.
(4) On the
retrial, section
17 does not
apply in
relation to
the charge of the offence of
murder. Page 434 Current as at 27
November 2013
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Part 8
Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678C] 678C
Court
may order retrial for 25 year offence—tainted acquittal
(1) The Court
may, on
the application of
the director of
public prosecutions,
order an acquitted person to be retried for a 25
year
offence if satisfied that— (a) the acquittal is
a tainted acquittal; and (b) in all the
circumstances it is in the interests of justice for
the
order to be made. (2) The Court
may order a
person to
be retried for
a 25 year
offence under this section even if the
person had been charged with and acquitted of a lesser
offence. (3) If the Court orders an acquitted
person to be retried for a 25 year offence,
the Court must quash the person’s acquittal or remove the
acquittal as a bar to the person being retried. (4)
On the retrial,
section 17
does not
apply in
relation to
the charge of the 25 year offence.
678D Fresh and compelling
evidence—meaning (1) This section
applies for
the purpose of
deciding under
this chapter
whether there
is fresh and
compelling evidence
against an
acquitted person
in relation to
the offence of
murder. (2)
Evidence is fresh
if— (a) it
was not adduced
in the proceedings in
which the
person was acquitted; and
(b) it could
not have been
adduced in
those proceedings with the
exercise of reasonable diligence. (3)
Evidence is compelling if—
(a) it is reliable; and
(b) it is substantial; and
Current as at 27 November 2013
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Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678E] (c)
in
the context of the issues in dispute in the proceedings
in
which the person was acquitted, it is highly probative
of
the case against the acquitted person. (4)
Evidence that
would be
admissible on
a retrial under
this chapter
is not precluded
from being
fresh and
compelling evidence merely
because it would have been inadmissible in the earlier
proceedings against the acquitted person. 678E
Tainted acquittal—meaning
(1) This section
applies for
the purpose of
deciding under
this chapter whether
the acquittal of an accused person is a tainted acquittal. (2)
An
acquittal is tainted if—
(a) the accused person or another person
has been convicted in this State or elsewhere of an
administration of justice offence in
relation to
the proceedings in
which the
accused person was acquitted; and
(b) it is more likely than not that, but
for the commission of the administration of justice offence,
the accused person would have been convicted.
(3) An acquittal
is not a
tainted acquittal
during any
of the following
periods— (a) the period provided under section
671(1) for the person convicted of
the administration of
justice offence
(the convicted
person ) to appeal, or obtain leave to
appeal, from the conviction; (b)
if, within the
period mentioned
in paragraph (a),
the convicted person gives notice of an
appeal—the period ending when the appeal is decided;
(c) if, within
the period mentioned
in paragraph (a),
the convicted person gives notice of an
application for leave to appeal, the period ending—
(i) if the
application is
refused—when the
decision refusing the
application is made; or Page 436 Current as at 27
November 2013
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Part 8
Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678F] (ii)
if the application is
granted—when the
appeal is
decided. Note
— Section 668D provides the right of
appeal. (4) If the conviction for the
administration of justice offence is, on appeal,
quashed after the Court has ordered the acquitted
person to
be retried under
this chapter
because of
the conviction, the person may apply to
the Court to set aside the order and— (a)
restore the acquittal that was quashed;
or (b) restore the acquittal as a bar to the
person being retried for the offence. 678F
Interests of justice—matters for
consideration (1) This section
applies for
the purpose of
deciding under
this chapter whether
it is in the interests of justice for an order to
be
made for the retrial of an acquitted person. (2)
It is not
in the interests
of justice to
make an
order for
the retrial of an acquitted person unless
the Court is satisfied that a fair retrial
is likely in the circumstances. (3)
The
Court must have regard in particular to— (a)
the
length of time since the acquitted person allegedly
committed the offence; and
(b) whether any police officer or
prosecutor has failed to act with reasonable
diligence or expedition in relation to— (i)
the
investigation of the commission of the offence of
which the
person was
acquitted and
the prosecution of the proceedings in
which the person was acquitted; and (ii)
the application for
the retrial of
the acquitted person.
Current as at 27 November 2013
Page
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Part 8
Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678G] 678G
Application for retrial—procedure
(1) If a person has been acquitted, not
more than 1 application for the retrial of
the person may be made under this chapter in relation to the
acquittal. (2) If the acquittal results from a
retrial under this chapter— (a)
an application may
not be made
for an order
under section 678B in
relation to the acquittal; but (b)
an
application may be made for an order under section
678C
in relation to the acquittal. (3)
An
application for the retrial of an acquitted person may not
be
made under this chapter unless— (a)
the
person has been charged with the offence for which
the
retrial is sought (the relevant offence ); or
(b) a warrant
has been issued
for the person’s
arrest in
relation to the relevant offence.
(4) The application must be made not later
than 28 days after the person is charged with the relevant
offence or the warrant is issued for
the person’s arrest
in relation to
the relevant offence.
(5) The Court may extend the period
mentioned in subsection (4) for good
cause. (6) The Court must consider the
application at a hearing. (7) The person to
whom the application relates is entitled to be present and
heard at the hearing, whether or not the person is
in
custody. (8) However, if
the person has
been given
a reasonable opportunity to
be present, the
application may
be decided even if the
person is not present. (9) The powers of
the Court mentioned in section 671B(1) may be exercised in
relation to the hearing of the application. (10)
The
Court may at 1 hearing consider more than 1 application
under this chapter for a retrial (whether or
not relating to the Page 438 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678H] same person),
but only if the offences concerned may be tried on the same
indictment. (11) If the Court
decides in proceedings on an application under this chapter
that the acquittal is not a bar to the person being
retried for the offence concerned, it must
make a declaration to that effect. 678H
Retrial (1)
An
indictment for the retrial of a person that has been ordered
under this chapter may not, without the
leave of the Court, be presented after
the end of
the period of
2 months after
the order was made. (2)
The
Court may give leave only if it is satisfied that—
(a) the prosecutor has acted with
reasonable expedition; and (b) there is good
and sufficient reason for the retrial despite the lapse of
time since the order was made. (3)
If,
after the end of the period of 2 months after an order for
the retrial of an accused person was made under
this chapter, an indictment for the retrial of the person has
not been presented or has been withdrawn or quashed, the person
may apply to the Court to set aside the order for the
retrial and— (a) restore the acquittal that was
quashed; or (b) restore the acquittal as a bar to the
person being tried for the offence. (4)
If
the order is set aside, a further application may not be
made under this
chapter for
the retrial of
the accused person
in relation to the offence
concerned. (5) At the
retrial of
an accused person,
the prosecution is
not entitled to
refer to
the fact that
the Court has
found that
it appears that— (a)
there is
fresh and
compelling evidence
against the
acquitted person; or Current as at 27
November 2013 Page 439
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678I] (b)
more likely
than not,
but for the
commission of
the administration of
justice offence,
the accused person
would have been convicted.
678I Authorisation of police
investigations (1) This section
applies to
any police investigation of
the commission of an offence by an
acquitted person in relation to the
possible retrial
of the person
for the offence
under this
chapter. (2)
For
the purposes of this section, a police investigation is an
investigation that
involves, whether
with or
without the
consent of the acquitted person—
(a) any arrest, questioning or search of
the acquitted person, or the issue of a warrant for the
arrest of the person; or (b) any forensic
procedure carried out on the person or any search or
seizure of premises or property of or occupied by the
person. (3) A police
officer may
carry out
or authorise a
police investigation to
which this section applies only if the director of public
prosecutions— (a) has advised that, in the opinion of
the director of public prosecutions, the
acquittal would
not be a
bar to the
retrial of
the acquitted person
in this State
for the offence;
or (b) has given written consent to the
police investigation on the application in
writing of
the commissioner, or
a deputy commissioner, of the police
service. (4) The commissioner, or
a deputy commissioner, of
the police service may make
an application for the police investigation only if
satisfied that relevant evidence for the purposes of an
application for a retrial under this
chapter— (a) has been obtained; or
(b) is likely to be obtained as a result
of the investigation. Page 440 Current as at 27
November 2013
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Part 8
Procedure Chapter 68 Exceptions to double jeopardy
rules [s 678J] (5)
The
director of public prosecutions may give consent to the
police investigation only if satisfied
that— (a) there is, or there is likely as a
result of the investigation to be,
sufficient new evidence to warrant the conduct of
the
investigation; and (b) it is
in the public
interest for
the investigation to
proceed. (6)
Despite the Police
Service Administration Act
1990 ,
section 4.10, the
commissioner of the police service may not delegate
powers of
the commissioner under
this section
to a police
officer or staff member. 678J
Bail (1)
This
section has effect despite anything to the contrary in the
Bail
Act 1980 . (2) There is a
presumption in favour of bail for a person who is
charged with
an offence for
which a
retrial is
sought under
this
chapter until the application for the retrial is dealt with.
678K Restrictions on publication
(1) A person
must not
publish any
matter for
the purpose of
identifying or
having the
effect of
identifying an
acquitted person who is
being retried under this chapter or who is the subject
of— (a) a police
investigation, or
an application for
a police investigation,
mentioned in section 678I; or (b)
an
application for a retrial, or an order for retrial, under
this
chapter. (2) Subsection (1) does not apply if the
publication is authorised by order
of the Court
or of the
court before
which the
acquitted person is being retried.
Current as at 27 November 2013
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Procedure Chapter 69 Seizure and detention of property
connected with offences—restitution of property
unlawfully acquired [s 679A] (3)
The
relevant court may make an order authorising publication
only
if the court is satisfied that it is in the interests of
justice to make the order. (4)
Before making an order under this section,
the relevant court must give the acquitted person a reasonable
opportunity to be heard on the application for the
order. (5) The relevant court may at any time
vary or revoke an order under this section.
(6) The prohibition on
publication under
this section
ceases to
have
effect, subject to any order under this section, when the
first of the following paragraphs
apply— (a) there is
no longer any
step that
could be
taken which
would lead to the acquitted person being
retried under this chapter; (b)
if
the acquitted person is retried under this chapter—the
trial ends. (7)
Nothing in
this section
affects any
prohibition of
the publication of any matter under any
other Act or law. (8) A contravention of
a prohibition on
publication under
this section is
punishable as contempt of the Supreme Court. Chapter 69
Seizure and detention of property
connected with offences—restitution of property
unlawfully acquired 679A Search of aircraft (1)
If
it appears to the person in command of an aircraft that
there are reasonable grounds
for suspecting that
any offence involving the
safety of the aircraft has been, is being, is about
to be, or
may be, committed
on board or
in relation to
the Page 442 Current as at 27
November 2013
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Part 8
Procedure Chapter 69 Seizure and detention of property
connected with offences—restitution of property
unlawfully acquired [s 680] aircraft it
shall be lawful for the person and for any person
acting by the person’s authority with such
assistance as the person or such person may think necessary to
search or cause to be searched— (a)
the
aircraft and any person luggage and freight on board
the
aircraft; and (b) any person who is about to board the
aircraft and any luggage or freight that is about to be
placed on board the aircraft; and
seize— (c) anything whether
animate or
inanimate and
whether living or dead
as to which there are reasonable grounds for believing
that it will of itself or by or on scientific examination, afford
evidence as
to the commission of
any
offence; or (d) anything as to which there are
reasonable grounds for believing that it is intended to be
used for the purpose of committing any offence;
and
take it before a justice to be dealt with according to law.
(2) A female shall not be searched under
this section except by a female. 680
Property found on offenders on arrest
When, on the arrest of any person on a
charge of an offence relating to
property, the
property in
respect of
which the
offence is
alleged to
be committed is
found in
the person’s possession, the
person arresting
the person may
take such
property before a justice to be dealt with
according to law. 682 Disposal of property seized
(1) When anything is seized or taken under
the provisions of this Code, the person seizing or taking it
is required forthwith to carry it before a justice.
Current as at 27 November 2013
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Procedure Chapter 69 Seizure and detention of property
connected with offences—restitution of property
unlawfully acquired [s 683] (2)
The justice may
cause the
thing so
seized or
taken to
be detained in
such custody
as the justice
may direct, taking
reasonable care
for its preservation, until
the conclusion of
any
investigation that may be held with respect to it; and, if
any
person is committed for trial for any offence committed
with respect
to the thing
so seized or
taken, or
committed under such
circumstances that the thing so seized or taken is
likely to afford evidence at the trial, the
justice may cause it to be further detained in like manner for
the purpose of being produced in evidence at such
trial. (3) If no person is so committed, the
justice is required to direct that
the thing be
returned to
the person from
whom it
was taken, unless the justice is
authorised or required by law to dispose of it
otherwise. (4) If the
thing so
seized or
taken is
anything forged
or counterfeit, or is of such a nature
that a person who has it in the person’s
possession without lawful authority or excuse is
guilty of an offence, then, if any person is
committed for trial for any offence
committed with
respect to
it or committed
under such circumstances as aforesaid and is
convicted, the court before which the person is convicted,
or, in any other case, any justice, may cause it to be
defaced or destroyed. (5) If the thing so
seized or taken is of such a nature that a person
who
has it in his or her possession, knowing its nature and
without lawful
authority or
excuse, is
guilty of
an offence, then,
as soon as
it appears that
it will not
be required, or
further required, in evidence against the
person who had it in his or her possession, it is to be
delivered to the Treasurer, or some person
authorised by the Treasurer to receive it. 683
Explosives If the thing
seized or taken is an explosive substance found in
a
vessel or vehicle, the person acting in the execution of the
warrant may for 24 hours after seizure, and
for such longer time as is necessary for the purpose of
removal to a safe place of deposit, use the vessel or the
vehicle, with the tackle and Page 444
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Procedure Chapter 70 Informations by private persons for
indictable offences—ex officio indictments [s 685B]
furniture thereof, or the beasts, and
accoutrements belonging thereto as the case may be, paying
afterwards to the owner of the vessel or vehicle a sufficient
recompense for its use, which is to be
assessed by the justice or justices before whom the
suspected offender
is brought, and,
in case of
non-payment immediately
after such assessment, may be recovered before 2
justices in a summary way.
685B Orders for delivery of certain
property (1) Where any property has come into the
custody or possession of a court or justices in connection
with any charge, the court or justices,
on the conclusion of
the trial and
on the application of
the prosecutor, may
make an
order for
the delivery of the property to the person
appearing to the court or justices to
be the person
lawfully entitled
thereto or,
if that person
can not be
ascertained, may
make such
order with
respect to the property as to the court or
justices seems just. (2) An order so made
shall not be a bar to the right of any person to recover the
property by action from the person to whom it is delivered by
virtue of the order. Chapter 70 Informations by
private persons for indictable offences—ex
officio indictments 686
Information by leave of the court by private
prosecutors (1) Any person may by leave of the Supreme
Court present an information against
any other person
for any indictable offence, alleged
to have been committed by such other person. (2)
An
information presented by leave of the court is to be signed
by
the person on whose application the leave is granted, or
Current as at 27 November 2013
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Procedure Chapter 70 Informations by private persons for
indictable offences—ex officio indictments [s 687]
some
other person appointed by the court in that behalf, and
filed in the Supreme Court.
(3) The person who signs the information
is called the prosecutor. (4) The
information is
to be intituled
‘The Queen
on the prosecution of
the prosecutor (naming the person) against the accused person
(naming the person)’, and must state that the prosecutor
informs the court by leave of the court. (5)
Except as otherwise expressly provided, the
information and the proceedings upon
it are subject
to the same
rules and
incidents in
all respects as
an indictment presented
by a Crown
Law Officer and
the proceedings upon
such an
indictment as hereinbefore set forth.
687 Security to be given by prosecutor for
costs of defence Before the
information is
presented the
prosecutor is
to be required to give
security, in such amount and in such manner as the court on
giving leave to present the information may direct,
that the
prosecutor will
prosecute the
information without delay,
and will pay to the accused person such costs incurred
by the accused
person in
respect of
the person’s defence to the
charge as the court may order the prosecutor to pay.
688 Service of information
An office copy
of the information is
to be served
upon the
accused person, upon which copy there must
be endorsed a summons, under the hand of the registrar and
seal of the court, requiring the person to appear and plead to
the information within the
same time
after service
within which
the person would be
required to enter an appearance after service of a
writ
in a civil action. Page 446 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 70 Informations by private persons for
indictable offences—ex officio indictments [s 689]
689 Plea The accused
person is required within the time so limited to
enter an appearance and file the person’s
plea in writing in the Supreme Court, and to deliver a copy
thereof forthwith to the prosecutor. 690
Default of plea (1)
If the accused
person does
not plead to
the information according
to the exigency
of the summons
endorsed on
the copy served
on the person,
the prosecutor may
serve the
accused person
with a
notice to
the effect that
unless the
person pleads or demurs within 8 days a plea
of not guilty will be filed in the person’s name.
(2) Upon filing
an affidavit setting
forth the
service of
the information and of such notice, and of
default of pleading in accordance with
the exigency of
the notice, the
prosecutor may
cause a
plea of
not guilty to
be filed for
the accused person, and
thereupon the same proceedings may be had as if the accused
person had filed a plea of not guilty. (3)
Or, in the
case of
a misdemeanour, judgment
of conviction may, by leave of
the court or a judge, be entered against the accused person
for want of a plea. (4) But the court or a judge may, either
before or after the time so prescribed,
allow further time for the accused person to plead
or
demur to the information. 691 Time and place of
trial When the accused person pleads any plea, or
when a plea of not guilty is filed for the person by the
prosecutor, either party may apply to a judge to appoint the
time and place of trial, of which notice is
to be given to the accused person. Current as at 27
November 2013 Page 447
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 70 Informations by private persons for
indictable offences—ex officio indictments [s 692]
692 Effect of judgment for prosecutor on
demurrer (1) If the
accused person
demurs only,
and does not
plead any
plea, and judgment is given against the
person on demurrer, the person is required to plead to the
information within such time as the court or a judge may
allow. (2) If the
accused person
makes default
in doing so,
the same proceedings may
be taken as if the person had made default in pleading in the
first instance. 693 Effect of judgment by default
(1) If judgment
of conviction is
entered against
the accused person for want
of a plea, the person is required to attend to receive the
judgment of the court at a time and place to be appointed by a
judge. (2) If the accused person does not so
attend, any justice may issue a warrant to
arrest the person and bring him or her before the
court to receive judgment.
694 Costs of defence In any of the
following cases, that is to say— (a)
if an application for
leave to
present an
information against a person
(the accused person ) ends without
the application being granted;
(b) if the accused person pleads to the
information, and is not brought to trial within a year after
filing the person’s plea; (c)
if a
Crown Law Officer informs the court that the Crown
Law
Officer will not further proceed on the information;
(d) if the accused person is acquitted
upon trial; the court, or the judge before whom the
trial (if any) is had, may award costs to the accused
person. Page 448 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 71 Miscellaneous provisions
[s
695] 695 Practice to be applied on ex officio
indictment When an indictment is presented in the
Supreme Court by a Crown Law
Officer against
any person who
has not been
committed for trial for the offence charged
in the indictment, the Crown may proceed thereon in the manner
prescribed in this chapter
with respect
to informations filed
by private prosecutors,
except that no security shall be required. Chapter 71
Miscellaneous provisions 695A
Power
to protect victim of violence by prohibiting publication of
information about proceedings (1)
This
section applies to— (a) a judge of a court—
(i) to which someone has been committed
for trial or sentence for
an indictable offence
involving personal
violence; or (ii) before which an
indictment has been presented for an offence
involving personal violence; or (iii)
hearing and
deciding a
proceeding for
a COVA application relating
to an offence
involving personal
violence; and (b) a magistrate summarily
hearing and
deciding a
proceeding for an indictable offence
involving personal violence, including a committal
proceeding. (2) The judge
or magistrate may
make an
order prohibiting, indefinitely or
for a specified
time, the
publication of
information about the address of a person
against whom the violence is alleged to have been
committed. (3) The order may be made on application
by the person, or by the prosecution acting in the person’s
interests. Current as at 27 November 2013
Page
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Schedule 1 The Criminal Code
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Procedure Chapter 71 Miscellaneous provisions
[s
696] (4) The order may be made only if the
information is not relevant to the guilt or
innocence of the charged person. (5)
An application for
an order under
this division
may be made—
(a) in chambers; and (b)
only
in the presence of persons the judge or magistrate
allows. (6)
On
the hearing of the application the judge or magistrate may
receive and
act on information the
judge or
magistrate considers
appropriate. (7) In this section— address
, of a
person, means
the address of
the person’s residence,
school, place of employment or other address. COVA
application means
an application under
the repealed Criminal Offence
Victims Act 1995 , part 3, as applying under
the Victims of Crime Assistance Act
2009 , chapter 6, part 2. 696
Warrant for release of person detained in
custody (1) This section applies if—
(a) a person
(the accused
) is detained
in custody on
a charge of an indictable offence;
and (b) a decision
has been made
not to proceed
with the
charge. (2)
The
Attorney-General may issue a warrant for the accused’s
release from custody in relation to the
charge. (3) The warrant must be—
(a) signed by the Attorney-General;
and (b) addressed to the person having custody
of the accused. (4) The warrant
authorises the
person having
custody of
the accused to release the accused from
custody immediately in relation to the charge stated in the
warrant. Page 450 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 71 Miscellaneous provisions
[s
697] (5) However, the accused must not be
released from custody if the accused is
otherwise lawfully detained. 697
Court
may direct certain persons to be prosecuted for perjury
(1) If it appears to any court that any
person has been guilty of perjury in
any testimony given
before it,
the court may
commit the person to take the person’s trial
for such perjury before any court of competent jurisdiction
in the same manner as if the
person had
been charged
before a
justice with
the same perjury, and sufficient evidence
had been given against the person. (2)
A person so
committed may
be granted bail
in the same
manner as
if the person
had been committed
for trial by
a justice. (3)
The court may
order that
any person be
given a
notice to
appear and give evidence at the trial of a
person so directed to be prosecuted. (4)
In
this section— court includes any
person before whom a writ of inquiry is executed, but
does not include a Magistrates Court. 699
Staying prosecution for publication of
parliamentary paper (1)
A
person prosecuted on a charge of the unlawful publication
of defamatory matter
which is
contained in
any paper published by the
person, or by the person’s servant, by order or under the
authority of the Legislative Assembly, may, at any stage of the
proceedings, apply to the Supreme Court or a judge
thereof or
to the court
in which the
proceedings are
pending, for an order staying the
prosecution, first giving 24 hours notice of
intention so to do to the prosecutor; and upon production to
the court or judge of a certificate under the hand
of the Speaker
of the Legislative Assembly
or clerk of
the Parliament stating
that the
paper in
respect of
which the
Current as at 27 November 2013
Page
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Part 8
Procedure Chapter 71 Miscellaneous provisions
[s
700] prosecution is instituted was published by
the defendant, or by the defendant’s servant, by order or
under the authority of the Assembly, together
with an
affidavit verifying
such certificate, the
court or judge is required immediately to stay the prosecution,
and may order the prosecutor to pay to the defendant the
defendant’s costs of defence. (2)
A
person prosecuted on a charge of the unlawful publication
of
defamatory matter which is contained in a copy of, or an
extract from or abstract of, any such paper,
may, at any stage of the proceedings, apply
to the Supreme
Court or
a judge thereof, or to
the court in which the proceedings are pending, for an order
staying the prosecution; and upon production to the court or
judge of an original of such paper, together with
such
a certificate as aforesaid, and an affidavit verifying the
same, the court or judge may stay the
prosecution, and may order the prosecutor to pay to the
defendant the defendant’s costs of defence. 700
Certificate of dismissal by justices
(1) When justices dismiss a complaint of
an offence punishable on summary conviction, whether an
indictable offence or not, they may, if required and if they
think fit, give the accused person a
certificate of dismissal. (2) Such
a certificate is
a bar to any
further prosecution of
the accused person for the same
cause. 702 Saving of civil remedies
Except when
expressly so
provided, the
prosecution or
conviction of a person for an offence does
not affect any civil remedy which any person aggrieved by
the offence may have against the offender.
Page
452 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 71 Miscellaneous provisions
[s
704] 704 No court fees in criminal cases
(1) No fees can be taken in any court of
criminal jurisdiction or before any
justice from any
person who is charged
with an
indictable offence for any proceeding had or
taken in the court or before the justice with respect to the
charge. (2) To remove
any doubt, it
is declared that
the offender levy
imposed under the Penalties and
Sentences Act 1992 , section 179C is not a
fee mentioned in subsection (1). 705
Copies of depositions to be allowed to
persons committed for trial (1)
Any
person who is committed for trial or granted bail for any
indictable offence
is entitled to
have on
demand from
the person who
has the lawful
custody thereof
copies of
the depositions of the witnesses on whose
depositions the person has been so committed or granted
bail. (2) However, if the demand is not made
before the day appointed for the commencement of the sittings
of the court at which the trial of the person on whose behalf
the demand is made is to take place, the person is not entitled
to have any such copy unless the judge is of opinion that
the copy may be made and delivered without delay or
inconvenience to the trial. (3)
The court may
postpone a
trial on
account of
the accused person not
having previously had a copy of the depositions.
706 Inspection of depositions at
trial Any person who is tried for any offence is
entitled at the time of the person’s trial to inspect
without fee all depositions, or copies
of depositions, which
have been
taken against
the person and
returned into
the court before
which the
trial is
had. 706A Development of
administrative arrangements (1)
An
administrative arrangement can not affect— Current as at 27
November 2013 Page 453
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 71 Miscellaneous provisions
[s
706A] (a) any power of a court, including any
inherent power, to give a direction or make an order in a
particular case, or generally; or (b)
the
judicial independence of any court or judicial officer.
(2) However, a practice direction may be
made to give effect to an administrative arrangement.
(3) In this section— administrative arrangement means
an arrangement entered
into
between 2 or more relevant agencies for the development
of compatible business
and operating processes
to facilitate the
efficient and
timely resolution of
proceedings under
relevant laws. relevant
agency means any of the following—
(a) the chief executive;
(b) the chief executive (corrective
services); (c) the chief executive of the department
in which the Youth Justice Act
1992 is administered; (d)
the
commissioner of the police service; (e)
the
director of public prosecutions; (f)
the
Chief Magistrate under the Magistrates Act 1991
; (g) the
Chief Judge
of the District
Court of
Queensland under the
District Court of Queensland Act 1967
; (h) the Chief
Justice of Queensland; (i) the chief
executive officer, Legal Aid Queensland; (j)
the president of
the Queensland Law
Society Incorporated; (k)
the
president of the Bar Association of Queensland; (l)
if
nominated by the chief executive—the chief executive
officer of
a publicly funded,
non-profit corporation whose
primary purpose
as a corporation is
to provide Page 454
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 8
Procedure Chapter 71 Miscellaneous provisions
[s
707] legal services
to Aboriginal and
Torres Strait
Islander people.
relevant law means any of the
following— (a) any law
that includes
provisions relating
to criminal procedure, including
in particular this
Code and
the Justices Act 1886 ;
(b) any other
law that operates
in conjunction with,
or whose operation
is otherwise associated with,
the operation of a law mentioned in
paragraph (a); (c) practice directions relating
to criminal practice
and procedure for
the purposes of
the operation of
a law mentioned in
paragraph (a). 707 Forms of criminal proceedings
A form prescribed under
a rule of
court for
a criminal proceeding is
taken to be— (a) sufficient for the purpose for which
it is to be used; and (b) if used, a
sufficient statement of the relevant offence or matter.
708 Regulation-making power
The Governor in
Council may
make regulations under
this Code.
708A Criteria for recommending an entity be
declared a criminal organisation (1)
In deciding whether
to recommend an
amendment of
the Criminal Code (Criminal Organisations)
Regulation 2013 to declare an entity to be a criminal
organisation, the Minister may have regard to the following
matters— (a) any information suggesting a
link exists
between the
entity and serious criminal activity;
Current as at 27 November 2013
Page
455
Schedule 1 The Criminal Code
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Procedure Chapter 71 Miscellaneous provisions
[s
708A] (b) any convictions recorded in relation
to— (i) current or former participants in the
entity; or (ii) persons
who associate, or
have associated, with
participants in the entity;
(c) any information suggesting current
or former participants in
the entity have been, or are, involved in serious criminal
activity (whether directly or indirectly and whether or
not the involvement has resulted in any convictions); (d)
any
information suggesting participants in an interstate
or
overseas chapter or branch (however described) of the
entity have
as their purpose,
or 1 of
their purposes,
organising, planning,
facilitating, supporting or
engaging in serious criminal
activity; (e) any other matter the Minister
considers relevant. (2) In this section— conviction means
a finding of
guilt by
a court, or
the acceptance of
a plea of
guilty by
a court, whether
or not a
conviction is recorded. serious criminal
activity see the Criminal
Organisation Act
2009 , section
6. participant , in an entity,
means a person who— (a) (whether by
words or
conduct, or
in any other
way) asserts,
declares or advertises his or her membership of,
or
association with, the entity; or (b)
(whether by
words or
conduct, or
in any other
way) seeks to be a
member of, or to be associated with, the entity;
or (c) has attended
more than
1 meeting or
gathering of
persons who participate in the affairs of
the entity in any way; or (d)
has
taken part on any 1 or more occasions in the affairs
of
the entity in any other way. Page 456
Current as at 27 November 2013
Part
9 Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 72
Transitional provision for Act No. 18 of 1999 [s 709]
Transitional and validation
provisions Chapter 72
Transitional provision for Act
No.
18 of 1999 709 Transitional provision for Act No. 18
of 1999 On a charge
of unlawful stalking
committed after
the commencement of the
Criminal Code (Stalking) Amendment
Act
1999 (the commencement ), evidence of
an act described in section 359B(c)
done before
the commencement may
be admitted for the purpose of deciding
whether an act done after the commencement constituted unlawful
stalking. Chapter 73 Transitional
provision for Justice Legislation (Miscellaneous
Provisions) Act (No. 2) 1999 710
Transitional provision for Justice
Legislation (Miscellaneous Provisions) Act (No. 2)
1999 (1) This section applies if, after the
commencement of the Justice Legislation (Miscellaneous Provisions) Act
(No. 2)
1999 ,
section 11— (a)
a
charge of an offence against section 339(1) is before
the
Supreme or District Court; and (b)
the person charged
with the
offence informs the court that he or she
does not want to be tried by jury; and Current as at 27
November 2013 Page 457
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 74
Transitional provision for Criminal Law Amendment Act 2000
[s
711] (c) the prosecutor agrees
to the charge
being dealt
with summarily. (2)
The
court may order that— (a) the matter be
remitted to a court of summary jurisdiction for the charge
to be dealt with summarily; and (b)
the
court registrar send the relevant court record to the
registrar of the relevant court of summary
jurisdiction. (3) The court
may not make
an order under
subsection (2)
if satisfied that
because of
the nature or
seriousness of
the offence or any other relevant
consideration the defendant, if convicted, may
not be adequately punished
on summary conviction. Chapter 74
Transitional provision for
Criminal Law Amendment Act
2000 711 Transitional
provision for Criminal Law Amendment Act 2000
(1) In relation to an indictment mentioned
in section 578(1), (1A) or (4) charging a person with an
offence that was committed before the
commencement of
this section,
the reference in
those provisions to section 352 is a
reference to section 337 as in force at any
time before the commencement of this section. (2)
In relation to
an indictment presented
before the
commencement of
this section,
the person charged
in the indictment may
be convicted of an offence because of section 578
only if
the person could
have been
convicted of
the offence because of section 578 as in
force immediately before the commencement of this
section. Page 458 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 75
Transitional provision for Criminal Law Amendment Act 2002
[s
712] Chapter 75 Transitional
provision for Criminal Law Amendment Act
2002 712 Transitional
provision for Criminal Law Amendment Act 2002
Section 568(6)
to (8), as
in force at
any time before
the commencement of this section,
continues to apply in relation to
an indictment under
section 568(6)
presented before
the commencement of
this section
as if the
Criminal Law
Amendment Act 2002 , section 29 had
not been enacted. Chapter 76 Transitional
provision for Sexual Offences (Protection of
Children) Amendment Act 2003
713 Transitional provision for Sexual
Offences (Protection of Children) Amendment Act 2003—unlawful
sexual relationship On
a charge of
an offence as
defined in
section 229B,
evidence of
an unlawful sexual
act or acts
done before
the commencement of
this section
may be admitted
for the purpose of
deciding whether unlawful sexual acts done after
the
commencement of this section establish the existence of
an
unlawful sexual relationship. Current as at 27
November 2013 Page 459
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 77
Validation provision for Criminal Proceeds Confiscation Act
2002 [s 714] Chapter 77
Validation provision for Criminal
Proceeds Confiscation Act 2002 714
Validation provision for Criminal Proceeds
Confiscation Act 2002—presentation of indictment
(1) This section
applies to
an indictment presented
before the
commencement of
this section
by a person,
appointed or
employed in,
or engaged by,
the Office of
the Director of
Public Prosecutions, who was not authorised
under an Act to present the indictment. (2)
The
indictment is taken to have been presented by the director
of
public prosecutions. (3) Any proceedings
taken, or other thing done, in relation to the indictment is
taken to be as valid as if the proceedings were taken,
or other thing
done, in
relation to
an indictment presented by the
director of public prosecutions. Chapter 78
Transitional provision for
Evidence (Protection of Children)
Amendment Act 2003 715 Transitional provision for disclosure
by the prosecution Chapter 62, chapter division 3 applies to
the following types of relevant proceeding, even
if the offence
concerned was
committed before the commencement of this
section— (a) a relevant proceeding started in
relation to an offence if the charge
against the
accused person
for the offence
was
brought after the commencement of this section; Page 460
Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 79
Transitional provision for Defamation Act 2005 [s 716]
(b) a relevant
proceeding in
relation to
an indictment presented after
the commencement of this section; (c)
a
relevant proceeding that is a new trial ordered by the
court if the order is made after the
commencement of this section. Chapter 79
Transitional provision for
Defamation Act 2005 716
Defence of truth of defamatory matter still
to be specially pleaded Section 599, as
in force at any time before the commencement of
this section,
continues to
apply in
relation to
a person charged with the
unlawful publication of defamatory matter under the
Defamation Act 1889 as if the
Defamation Act 2005 ,
schedule 4, amendments of the Criminal Code,
item 2 had not been enacted. Chapter 80
Transitional provision for
Criminal Code Amendment Act
2006 717 Effect of repeal
of ss 56, 57 and 58 (1) After the commencement of the
Criminal Code
Amendment Act 2006
, a
person can not be charged with, prosecuted for or
further prosecuted for,
or convicted of,
an offence against
section 56, 57 or 58 or punished for doing
or omitting to do an act that constituted that
offence. Current as at 27 November 2013
Page
461
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 81
Transitional provision for Justice and Other Legislation Amendment
Act 2007 [s 718] (2)
However, subsection (1)
does not
prevent a
person being
punished by
the Legislative Assembly
for contempt of
the Legislative Assembly
as defined under
the Parliament of
Queensland Act 2001 .
Chapter 81 Transitional
provision for Justice and Other Legislation
Amendment Act 2007 718
Appointment of animal valuers
A
person appointed as an animal valuer under section 450F, as
in force immediately before
the commencement of
this section,
continues to
hold the
appointment after
the commencement, as if the appointment
had been made by the chief executive. Chapter 82
Transitional provision for
Criminal Code and Other Acts
Amendment Act 2008 719
References to particular offences
(1) The following provisions apply as if a
reference to section 208 included a
reference to
section 209
as in force
at any time
before its repeal by the amending
Act— • section 229B(10), definitions
offence of a sexual nature
and prescribed age •
section 578(1), (1A) and (4)
• section 636(1), definition
prescribed offence .
Page
462 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 83
Transitional provision for Criminal Code and Jury and Another Act
Amendment Act 2008 [s 720]
(2) Section 568(2)
applies as
if it included
a reference to
an indictment against a trustee to whom
the Trust Accounts Act 1973
applies for an offence under section 436 as
in force at any time before its repeal by the amending
Act. (3) Section 641(1) applies as if it
included a reference to a trustee within the
meaning of the Trust Accounts
Act 1973 charged
with an
offence under
section 436
as in force
at any time
before its repeal by the amending Act and,
for that purpose, section 641(2),
as in force
immediately before
the commencement of this section,
continues to apply. (4) Section 644A
applies as
if the reference
to section 101
included a
reference to
section 103
as in force
at any time
before its repeal by the amending
Act. (5) In this section— amending
Act means the
Criminal Code
and Other Acts
Amendment Act 2008 .
Chapter 83 Transitional
provision for Criminal Code and Jury and
Another Act Amendment Act
2008 720 Trial by judge
alone (1) Chapter 62, chapter division 9A
applies in relation to a trial begun
after the
commencement whether
the offence was
committed before or after the
commencement. (2) For subsection (1),
the trial has
begun when
the jury panel
attends before the court.
(3) In this section— commencement means
the commencement of
the Criminal Code and Jury
and Another Act Amendment Act 2008 , part 2.
Current as at 27 November 2013
Page
463
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 84
Transitional provision for Justice and Other Legislation Amendment
Act 2008, part 8 [s 721]
Chapter 84 Transitional
provision for Justice and Other Legislation
Amendment Act 2008, part 8
721 Notices to witnesses
(1) This section
applies if,
before the
commencement of
this section, a
witness is given a notice to witness in relation to the
trial of a person. (2)
Sections 559,
590AA, 593A
and 597A, as
in force immediately before
the commencement of
this section,
continue to
have effect
in relation to
the notice to
witness until—
(a) the trial of the person is concluded;
or (b) the court otherwise directs; or
(c) 3 years after the commencement of this
section; whichever happens first. Chapter 85
Transitional provision for the
Criminal Code (Medical Treatment)
Amendment Act 2009 722 Retrospective
application of amendment (1) This
Code as
amended by
the Criminal Code
(Medical Treatment) Amendment
Act 2009 ,
section 3
applies to
proceedings for an offence—
(a) started but not finished before 19
August 2009; or Page 464 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 86
Transitional provisions for Criminal Code (Abusive Domestic
Relationship Defence and Another Matter) Amendment Act
2010 [s 723] (b)
started after
19 August 2009,
whether the
act or omission
constituting the
offence happened
before or
after 19 August 2009. (2)
Subsection (1)
does not
apply to
proceedings for
an appeal against
a conviction or
sentence that
happened before
19 August 2009. Chapter 86
Transitional provisions for
Criminal Code (Abusive Domestic
Relationship Defence and Another Matter)
Amendment Act 2010 723
Retrospective application of
amendment (1) This Code,
as amended by
the Criminal Code
(Abusive Domestic
Relationship Defence
and Another Matter)
Amendment Act 2010 , section 3,
applies to proceedings for an offence—
(a) started but not finished before the
commencement; or (b) started after
the commencement, whether
the act or
omission constituting the
offence happened
before or
after the commencement. (2)
Subsection (1)
does not
apply to
proceedings for
an appeal from
a conviction or
sentence that
happened before
the commencement. (3)
In
this section— commencement means
the commencement of
the Criminal Code
(Abusive Domestic
Relationship Defence
and Another Matter)
Amendment Act 2010 , section 3. Current as at 27
November 2013 Page 465
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 87
Transitional provision for members of QR Group [s 724]
Chapter 87 Transitional
provision for members of QR Group 724
Employees of members of QR Group taken to be
persons employed in public service during interim
period (1) During the interim period, the chief
executive officer of QR Limited and persons employed by a
member of QR Group are taken to be persons employed in the
public service. (2) In this section— change of
ownership means the beginning of the day
notified by the Treasurer by gazette notice for this
chapter. commencement means the
commencement of this chapter. interim
period means the period from the commencement
to the change of ownership. member of QR
Group means QR Limited or a related body
corporate of QR Limited. QR
Limited means QR Limited ACN 124 649 967.
related body
corporate has
the meaning given
in the Corporations
Act. Treasurer means the
Minister who administers the Financial
Accountability Act 2009 .
Page
466 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 88
Transitional provisions for Civil and Criminal Jurisdiction Reform
and Modernisation Amendment Act 2010
[s
725] Chapter 88 Transitional
provisions for Civil and Criminal Jurisdiction
Reform and Modernisation Amendment Act
2010 725 Definitions for ch 88
In
this chapter— amending Act
means the
Civil and
Criminal Jurisdiction Reform and
Modernisation Amendment Act 2010 .
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. 726
New
disclosure provisions apply only to prosecutions
commenced after commencement
(1) Chapter 62, chapter divisions 2, 3, 4
and 4A, as amended or inserted by the amending Act, apply to
a proceeding for an offence only if an originating step for the
proceeding is taken on or after the commencement of this
section. (2) For subsection (1), it does not matter
when the offence was committed. 727
New
summary disposition provisions apply only to prosecutions
commenced after commencement (1)
Chapter 58A,
as amended by
the amending Act,
applies in
relation to a charge for an offence only if
an originating step Current as at 27 November 2013
Page
467
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 88
Transitional provisions for Civil and Criminal Jurisdiction Reform
and Modernisation Amendment Act 2010
[s
727] for the proceeding for
the charge is
taken on
or after the
commencement of this section.
(2) For subsection (1), it does not matter
when the offence was committed. (3)
Subsection (4) applies if—
(a) an originating step for a proceeding
for a charge for an old offence is
taken against
a person on
or after the
commencement of
this section
in relation to
circumstances that
happened before
the repeal of
the provision providing for the old
offence; and (b) the proceeding for the old offence is
not prevented under section 11(1). (4)
The
issue of whether the charge for the old offence must be
heard and decided summarily must, to the
greatest practicable extent, be decided according to
whether a charge for the new offence
could be,
or would be
required to
be, heard and
decided summarily. (5)
In
this section— new offence means
the offence that,
for the purposes
of section 11(1), is the offence under
the law in force at the time when the person
is charged with the old offence. old
offence means an offence against a provision of this
Code that was
repealed at
any time before
the commencement of
this
section. Page 468 Current as at 27
November 2013
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 89
Transitional provision for Criminal Code and Other Legislation
Amendment Act 2011 [s 728] Chapter 89
Transitional provision for
Criminal Code and Other Legislation
Amendment Act 2011 728 Application of
amendment Act (1) This Code, as amended by the amendment
Act, sections 4 and 6, applies to
proceedings for
an offence started
after the
commencement of the sections, whether the
act or omission constituting the
offence happened
before or
after the
commencement of the sections.
(2) Subsection (1)
does not
apply to
proceedings for
an appeal from
a conviction or
sentence that
happened before
the commencement of the amendment Act,
sections 4 and 6. (3) This Code, as amended by the amendment
Act, sections 5, 7 and 8, applies to proceedings for an offence
only if the act or omission constituting the
offence happened
after the
commencement of the sections.
(4) In this section— amendment
Act means the
Criminal Code
and Other Legislation
Amendment Act 2011 . Chapter 90 Transitional
provision for Criminal Law Amendment Act
2012 729 Application of
amendment Act (1) Section 305, as amended by the
amendment Act, section 3, to the extent the
amendment Act increases the minimum number of years of
imprisonment to be served, applies only if— Current as at 27
November 2013 Page 469
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 90
Transitional provision for Criminal Law Amendment Act 2012
[s
729] (a) for section 305(2)(a), at least 1
conviction of murder is for an offence committed after the
commencement, even if the other offence or offences were
committed before the commencement; or (b)
for
section 305(2)(b), either the conviction of murder is
for,
or the other offence of murder taken into account is
for, an
offence committed
after the
commencement, even if one of
those offences was committed before the commencement;
or (c) for section 305(2)(c), either the
conviction of murder is for, or the other offence of murder
for which the person has previously been
sentenced is
for, an
offence committed
after the
commencement, even
if one of
those offences
was committed before
the commencement; or (d)
for section 305(4),
the conviction of
murder is
for an offence
committed after the commencement. (2)
For an offence
mentioned in
subsection (1)
as having been
committed before the commencement, for which
there was a conviction, it
does not
matter whether
the conviction was
recorded before or after the
commencement. (3) This section
applies despite
section 11
and the Acts
Interpretation Act 1954 , section
20C(3). (4) In this section— amendment
Act means the
Criminal Law
Amendment Act
2012 .
commencement means the
commencement of the amendment Act, section
3. minimum number
of years of
imprisonment to
be served means
the minimum number
of years of
imprisonment a
person must
serve before
the person may
be released from
imprisonment under an order made under
section 305 by the court sentencing the person.
Page
470 Current as at 27 November 2013
Schedule 1 The Criminal Code
Part 9
Transitional and validation provisions Chapter 91
Transitional provisions for Criminal Law (Child Exploitation and
Dangerous Drugs) Amendment Act 2013
[s
730] Chapter 91 Transitional
provisions for Criminal Law (Child Exploitation and
Dangerous Drugs) Amendment Act 2013
730 Indictments for offences
This Code,
as amended by
the Criminal Law
(Child Exploitation and
Dangerous Drugs)
Amendment Act
2013 ,
section 26, applies to an indictment against
a person for an offence against section 228A, 228B, 228C or
228D whether the act or omission constituting the offence
happened before, on or after the commencement of this
section. Chapter 92 Transitional
provision for Criminal Law (Criminal Organisations
Disruption) and Other Legislation Amendment
Act
2013 731 Application of amended s 597C
Section 597C
as amended by
the Criminal Law
(Criminal Organisations
Disruption) and Other Legislation Amendment Act 2013
applies to the arraignment of an accused
person in a proceeding for an offence, whether the
proceeding was started before, on or after the commencement
of this section. Current as at 27 November 2013
Page
471
Criminal Code Act 1899 Endnotes
Endnotes 1
Index to endnotes Page
2 Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.472 3 Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .473 4 Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .473 5
List
of legislation for Criminal Code Act 1899 . . . . . . . . . . . . .
. . . . . . . . . . . . . .476 6
List
of annotations for Criminal Code Act 1899 . . . . . . . . . . . . .
. . . . . . . . . . . . .477 7
List
of legislation for Criminal Code . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .477 8
List
of annotations for Criminal Code . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .494 9
Forms
notified or published in the gazette . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .561 10
Transitional and savings provisions for
Criminal Code . . . . . . . . . . . . . . . . . . . . .562
2 Date to which amendments
incorporated This is the reprint date mentioned in
the Reprints Act 1992 , section 5(c).
Accordingly, this reprint includes all amendments that
commenced operation on or before 27 November 2013. Future
amendments of the Criminal Code Act 1899 may be made in
accordance with this reprint under the
Reprints Act 1992 , section
49. Page 472 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
3 Key Key to
abbreviations in list of legislation and annotations
Key AIA amd
amdt ch def
div exp gaz
hdg ins lap
notfd num
o in
c om orig p
para prec pres
prev Explanation =
Acts
Interpretation Act 1954 = amended
= amendment =
chapter =
definition =
division =
expires/expired =
gazette =
heading =
inserted =
lapsed =
notified =
numbered =
order in council =
omitted =
original =
page =
paragraph =
preceding =
present =
previous Key
(prev) proc
prov pt
pubd R[X]
RA reloc renum
rep (retro) rv
s sch sdiv
SIA SIR SL
sub unnum Explanation =
previously =
proclamation =
provision =
part =
published =
Reprint No. [X] =
Reprints Act 1992 =
relocated =
renumbered =
repealed =
retrospectively =
revised version =
section =
schedule =
subdivision =
Statutory Instruments Act 1992
= Statutory Instruments Regulation
2012 = subordinate legislation
= substituted =
unnumbered 4
Table of reprints A new reprint of
the legislation is prepared by the Office of the Queensland
Parliamentary Counsel each time a change to the legislation
takes effect. The notes column for this reprint gives
details of any discretionary editorial powers under
the Reprints Act 1992 used by the
Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatory requirements that
all amendments be
included and
all necessary consequential amendments be
incorporated, whether of punctuation, numbering or another kind.
Further details of the use of any discretionary
editorial power noted in the table can be obtained by
contacting the Office of the Queensland
Parliamentary Counsel by telephone on 3237 0466 or email
legislation.queries@oqpc.qld.gov.au. From
29 January 2013,
all Queensland reprints
are dated and
authorised by
the Parliamentary Counsel. The previous
numbering system and distinctions between printed
and
electronic reprints is not continued with the relevant details for
historical reprints included in this table. Reprint
No. 1 1A
1B 1C 2
Amendments to 1993 Act No.
70 1995 Act No. 58 1995 Act No.
58 1997 Act No. 9 1997 Act No.
38 Effective 26 March
1994 18 December 1995 17 February
1997 1 July 1997 1 August
1997 Reprint date 26 March
1994 7 August 1996 14 March
1997 4 July 1997 1 August
1997 Current as at 27 November 2013
Page
473
Criminal Code Act 1899 Endnotes
Reprint No.
2A 2B 2C
3 3A 3B
3C 3D 3E
4 4A 4B
4C Amendments to 1997 Act No.
82 1998 Act No. 19 1999 Act No.
19 2000 Act No. 5 2000 Act No.
23 2000 Act No. 23 2000 Act No.
46 2000 Act No. 63 2001 Act No.
19 2001 Act No. 19 2001 Act No.
19 2002 Act No. 23 2002 Act No.
23 Reprint No.
4D 4E rv 4F
4G 4H 4I
4J
rv 4K 4L 4M
4N 4O 4P
5
rv Amendments included 2002 Act No.
23 2002 Act No. 35 2002 Act No.
68 2002 Act No. 74 2003 Act No.
3 2003 Act No. 15 1992 Act No. 44
(amd 2002 Act No. 39) 2002 Act No.
39 2003 Act No. 92 2003 Act No.
77 2003 Act No. 55 2004 Act No.
8 2004 Act No. 43 2004 Act No.
37 2005 Act No. 9 5A rv
5B
rv 5C rv 5D rv 5E rv
5F
rv 5G rv 5H rv 5I rv
2005
Act No. 24 2005 Act No. 70 2005 Act No.
55 2006 Act No. 26 2006 Act No.
30 2005 Act No. 45 2006 Act No.
25 2006 Act No. 8 2006 Act No.
29 2006 Act No. 45 6—
6A 2007 Act No. 14 6B
2007
Act No. 24 Page 474 Effective
5
December 1997 26 March 1998 30 April
1999 23 March 2000 1 July
2000 28 September 2000 27 October
2000 17 November 2000 6 August
2001 6 August 2001 28 February
2002 28 February 2002 6 June
2002 Effective 19 July
2002 27 September 2002 29 November
2002 1 April 2003 1 May 2003
20
June 2003 1 July 2003 Reprint
date 9 December 1997 3 April
1998 18 June 1999 31 March
2000 14 July 2000 29 September
2000 8 November 2000 1 December
2000 17 August 2001 7 September
2001 13 March 2002 5 June
2002 20 June 2002 Notes
3
December 2003 8 December 2003 5 January
2004 6 August 2004 3 December
2004 1 January 2005 4 April
2005 26 May 2005 8 December
2005 1 January 2006 1 June
2006 Revision notice issued for R5
30
June 2006 1 July 2006 3 July
2006 28 August 2006 10 November
2006 10 November 2006 20 March
2007 1 July 2007 R5I rv withdrawn,
see R6 Current as at 27 November
2013
Criminal Code Act 1899 Endnotes
Reprint No.
6C 6D 6E
6F 6G 6H
6I 6J 7
7A 7B 7C
7D 7E 7F
7G 7H 7I
7J 7K 7L
7M 7N 7O
8 8A 8B
8C 8D 8E
8F 8G 8H
8I 8J 8K
9 Amendments included
2007
Act No. 37 2007 Act No. 49 2007 Act No.
6 2007 Act No. 37 2007 Act No.
59 2007 Act No. 15 2008 Act No.
50 2008 Act No. 59 2008 Act No.
55 2008 Act No. 67 2009 Act No.
4 2009 Act No. 33 2009 Act No.
25 2008 Act No. 67 2009 Act No.
35 2010 Act No. 1 2009 Act No.
34 2009 Act No. 53 2010 Act No.
19 2010 Act No. 2 2009 Act No.
17 2010 Act No. 29 2010 Act No.
19 2010 Act No. 42 2010 Act No.
26 2010 Act No. 36 2010 Act No.
42 — 2011 Act No. 7 2011 Act No.
12 2011 Act No. 13 2011 Act No.
27 2011 Act No. 43 2012 Act No.
6 2011 Act No. 32 (amd 2012 Act No.
9) 2012 Act No. 18 2012 Act No.
17 2012 Act No. 19 2011 Act No.
45 2012 Act No. 5 —
Effective 28 September
2007 25 October 2007 30 October
2007 30 November 2007 15 March
2008 1 July 2008 19 September
2008 25 November 2008 1 December
2008 1 July 2009 5 September
2009 24 September 2009 1 November
2009 1 December 2009 16 February
2010 29 March 2010 15 April
2010 23 May 2010 1 June
2010 1 July 2010 1 September
2010 21 September 2010 14 October
2010 1 November 2010 1 November
2010 4 April 2011 1 July
2011 1 September 2011 6 December
2011 18 May 2012 1 July
2012 14 August 2012 21 August
2012 29 August 2012 1 September
2012 17 September 2012 17 September
2012 Current as at 26 February
2013 5 April 2013 Amendments
included 2013 Act No. 3 2013 Act No.
3 Notes R7O withdrawn,
see R8 R8K withdrawn, see R9 Notes
Current as at 27 November 2013
Page
475
Criminal Code Act 1899 Endnotes
Current as at 29 April
2013 3 May 2013 1 July 2013
13
August 2013 29 August 2013 23 September
2013 17 October 2013 7 November
2013 27 November 2013 Amendments
included 2013 Act No. 14 2013 Act No.
19 2013 Act No. 29 2013 Act No.
31 2013 Act No. 35 2013 Act No.
39 2013 Act No. 45 2013 Act No.
56 2013 Act No. 64 Notes
5 List of legislation for Criminal Code
Act 1899 Criminal Code Act 1899 63 Vic No. 9
date
of assent 28 November 1899 s 2 sch 1 commenced 1 January 1901
(see s 2) remaining provisions commenced on date of
assent Note—This Act was to have been repealed by
Criminal Code No. 37 of 1995 s 460(1) sch 4
(automatic commencement under AIA s 15DA(2) deferred to 14
June
1997) (1996 SL No. 84 s 2(2)) but the 1995 Code was never
proclaimed into force and was repealed by 1997 No. 3 s
121. amending legislation— Criminal Code
Correction of Errors Act 1900 64 Vic No. 7 date of assent 20
November 1900 commenced on date of assent
Statute Law Revision Act 1908 8 Edw 7 No. 18
s 2 sch 1 date of assent 23 December 1908
commenced on date of assent
Statute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 1 date of assent 28 November 1995
commenced on date of assent
Criminal Law Amendment Act 1997 No. 3 ss 1,
2(2), pt 2 date of assent 3 April 1997
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 1997 (1997 SL No. 152)
Justice and Other Legislation (Miscellaneous
Provisions) Act (No. 2) 1997 No. 82 ss 1–3 sch
date
of assent 5 December 1997 commenced on date of assent
Page
476 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
6 List of annotations for Criminal Code
Act 1899 Saving
s
3 amd R1 (see RA s 40) Civil
remedies hdg prec (2) om 1997 No. 3 s
4(1) s 6 amd 1997 No. 3 s 4(2)–(3); 1997 No. 82
s 3 sch Printing of amendments s 9
om
1908 8 Edw 7 No. 18 s 2 sch 1 General
rules s 10 om 1995 No. 58 s 4 sch 1
SCHEDULE 2—STATUTES OF THE REALM IN FORCE IN
QUEENSLAND om R1 (see RA s 40) SCHEDULE
3—STATUTES OF NEW SOUTH WALES AND QUEENSLAND amd 1900 64 Vic
No. 7 s 1 sch om R1 (see RA s 40) SCHEDULE 4
om R1
(see RA s 40) 7 List of legislation for Criminal
Code Criminal Code (schedule 1 to 63 Vic No.
9) date of assent 28 November 1899
commenced 1 January 1901 (see s 2 of
Act) Note—This Code was to have been repealed by
Criminal Code No. 37 of 1995 s 460(1) sch 4
(automatic commencement under AIA s 15DA(2) deferred to 14
June
1997) (1996 SL No. 84 s 2(2)) but the 1995 Code was never
proclaimed into force and was repealed by 1997 No. 3 s
121. amending legislation— Criminal Code
Correction of Errors Act 1900 64 Vic No. 7 date of assent 20
November 1900 commenced on date of assent
Statute Law Revision Act 1908 8 Edw 7 No. 18
s 5 sch 3 date of assent 23 December 1908
commenced on date of assent
Criminal Code Amendment Act 1913 4 Geo 5 No.
23 date of assent 26 November 1913
commenced on date of assent
Current as at 27 November 2013
Page
477
Criminal Code Act 1899 Endnotes
Criminal Code Amendment Act 1913 (No. 2) 4
Geo 5 No. 25 date of assent 26 November 1913
commenced on date of assent
Criminal Code Amendment Act 1914 5 Geo 5 No.
22 date of assent 3 December 1914
commenced on date of assent
Trade
Union Act 1915 6 Geo 5 No. 31 pt 2 date of assent 29
December 1915 commenced on date of assent
Criminal Code Amendment Act 1922 13 Geo 5 No.
2 date of assent 31 July 1922
commenced on date of assent
Criminal Code Amendment Act 1922 (No. 2) 13
Geo 5 No. 26 date of assent 16 October 1922
commenced on date of assent
State
Children Acts Amendment Act 1928 19 Geo 5 No. 19 s 3
date
of assent 14 November 1928 commenced on date of assent
Industrial Conciliation and Arbitration Act
1929 20 Geo 5 No. 28 s 119 date of assent 23 December 1929
commenced on date of assent
Art
Union Regulation Act 1930 21 Geo 5 No. 11 s 3 date of assent 2
October 1930 commenced on 23 October 1930 (proc pubd gaz
25 October 1930 p 1592) Criminal Code (Prohibition of Secret
Commissions) and Further Amendment Act 1931 22 Geo 5
No. 40 date of assent 24 December 1931
commenced on date of assent
Industrial Conciliation and Arbitration Act
1932 23 Geo 5 No. 36 s 85 date of assent 6 January 1933
commenced 1 February 1933 (proc pubd gaz 14
January 1933 p 316) Dairy Produce Acts and Other Acts Amendment
Act 1934 25 Geo 5 No. 11 s 11 date of assent 25
October 1934 commenced on date of assent
Criminal Code Amendment Act 1939 3 Geo 6 No.
28 date of assent 1 December 1939
commenced on date of assent
Criminal Code Amendment Act 1943 7 Geo 6 No.
14 date of assent 29 April 1943
commenced on date of assent
Page
478 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Criminal Law Amendment Act 1945 9 Geo 6 No.
11 pt 2 date of assent 5 April 1945
commenced on date of assent
Criminal Code Amendment Act 1946 10 Geo 6 No.
22 date of assent 11 April 1946
commenced on date of assent
Criminal Law Amendment Act 1946 11 Geo 6 No.
6 ss 5–6 date of assent 20 December 1946
commenced on date of assent
Criminal Law Amendment Act 1948 12 Geo 6 No.
48 pt 2 date of assent 9 December 1948
commenced on date of assent
Traffic Act 1949 13 Geo 6 No. 26 s 24
date
of assent 22 April 1949 commenced 1 February 1950 (proc pubd
gaz 7 January 1950 p 37) Elections Acts and the Criminal Code
Amendment Act 1952 1 Eliz 2 No. 4 pt 3 date of assent 9
April 1952 commenced 1 December 1952 (proc pubd gaz 15
November 1952 p 1210) Criminal Code and Justices Acts
Amendment Act 1956 5 Eliz 2 No. 5 pt 2 date of assent 29
October 1956 commenced on date of assent
Criminal Code Amendment Act 1957 6 Eliz 2 No.
1 date of assent 5 April 1957
commenced on date of assent
Criminal Code and Other Acts Amendment Act
1961 10 Eliz 2 No. 11 date of assent 29 March 1961
commenced on date of assent
Criminal Code Amendment Act 1964 No.
14 date of assent 6 April 1964
commenced on date of assent
Criminal Code Amendment Act 1968 No.
44 date of assent 19 December 1968
commenced 1 January 1969 (see s 2)
Criminal Code and the Offenders Probation and
Parole Act Amendment Act 1971 No. 41 pt
2 date of assent 25 October 1971
commenced on date of assent
Elections Act and the Criminal Code Amendment
Act 1973 No. 8 pt 3 date of assent 11 April 1973
commenced 1 July 1973 (proc pubd gaz 19 May
1973 p 476) Current as at 27 November 2013
Page
479
Criminal Code Act 1899 Endnotes
Criminal Code Amendment Act 1973 No.
53 date of assent 25 October 1973
commenced on date of assent
Criminal Code and the Justices Act and
Another Act (Stock Offences) Amendment Act 1973 No. 88
pt 2 date of assent 20 December 1973
commenced 1 April 1974 (proc pubd gaz 16
February 1974 p 687) Public Defence Act 1974 No. 3 s
3(1)(b) date of assent 2 April 1974
commenced 1 July 1974 (proc pubd gaz 15 June
1974 p 997) Age of Majority Act 1974 No. 57 s 8
sch date of assent 27 September 1974
commenced 1 March 1975 (proc pubd gaz 16
November 1974 p 1083) Limitations of Actions Act 1974 No. 75
s 4 sch date of assent 1 November 1974
commenced 1 July 1975 (see s 2)
Criminal Code and the Justices Act Amendment
Act 1975 No. 27 date of assent 15 May 1975
commenced 1 July 1975 (see s 1(4))
Criminal Code Amendment Act 1976 No.
25 date of assent 22 April 1976
commenced 1 July 1976 (see s 2)
Jury
Act and Other Acts Amendment Act 1976 No. 39 pt 4
date
of assent 5 May 1976 commenced 30 August 1976 (proc pubd gaz 24
July 1976 p 1718) Justices Act and the Criminal Code Amendment
Act 1977 No. 13 pt 3 date of assent 14 April 1977
commenced 1 July 1977 (proc pubd gaz 18 June
1977 p 1050) Evidence Act 1977 No. 47 s 3(7) sch 1 pt
G date of assent 3 October 1977
commenced 1 January 1978 (see s 1(2))
Justices Act and the Criminal Code Amendment
Act 1978 No. 10 pt 3 date of assent 31 May 1978
commenced on date of assent
Status of Children Act 1978 No. 30 s 14
sch date of assent 8 June 1978
commenced 1 January 1979 (see s 1(2))
Criminal Law Amendment Act 1979 No. 2 pt
2 date of assent 6 April 1979
commenced 7 April 1979 (proc pubd gaz 7
April 1979 p 1359) Page 480 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Bail
Act 1980 No. 35 s 4(1) sch 1 date of assent 14
May 1980 commenced 1 July 1980 (proc pubd gaz 28 June
1980 p 1634) Criminal Law Amendment Act 1982 No. 34
date
of assent 1 September 1982 commenced on date of assent
Criminal Law Amendment Act 1982 (No. 2) No.
59 date of assent 3 December 1982
commenced on date of assent
Criminal Code Amendment Act 1984 No.
28 date of assent 5 April 1984
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 1984 (proc pubd gaz 30 June 1984 p
1475) Criminal Code and Bail Act Amendment Act 1984
No. 32 pt 2 date of assent 12 April 1984
commenced on date of assent
Mental Health Act, Criminal Code and Health
Act Amendment Act 1984 No. 66 pt 3 date of assent 12
September 1984 commenced 1 July 1985 (proc pubd gaz 27
April 1985 p 2349) Director of Prosecutions Act 1984 No. 95 s
34(3) date of assent 6 December 1984
commenced 17 January 1985 (proc pubd gaz 19
January 1985 p 165) Regulatory Offences Act 1985 No. 32 s
10 date of assent 17 April 1985
commenced 29 April 1985 (proc pubd gaz 27
April 1985 p 2349) Criminal Code Amendment Act 1986 No. 1
date
of assent 6 March 1986 ss 1–2 commenced on date of
assent ss 4–25, 27(b), 28–35, 60–65, 66(b), 67–80
and 83–97 commenced 29 March 1986 (proc pubd gaz 29
March 1986 p 1289 as amd by proc pubd gaz 5 April 1986 p
1396) remaining
provisions commenced 1 July 1987 (proc pubd gaz 13 June 1987 p
1461) Corrective Services (Consequential
Amendments) Act 1988 No. 88 s 5 sch 2 date of assent 1
December 1988 commenced 15 December 1988 (see s 2(2) and o
in c pubd gaz 10 December 1988 p 1675)
Criminal Code, Evidence Act and Other Acts
Amendment Act 1989 No. 17 pt 2 (this Act is amended,
see amending legislation below) date of assent 30
March 1989 ss 8, 56(b) never proclaimed into force and
rep 1994 No. 87 s 4(1) sch 3 pt 2 remaining
provisions commenced 3 July 1989 (proc pubd gaz 24 June 1989 p
1821 as amd by proc pubd gaz 1 July 1989 p
2190) Current as at 27 November 2013
Page
481
Criminal Code Act 1899 Endnotes
amending legislation— Statute Law
(Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch
1 (amends 1989 No. 17 above)
date
of assent 1 December 1994 commenced on date of assent
Public Service (Administrative Arrangements)
Act (No. 2) 1990 No. 80 s 3 sch 1 date of assent 14
November 1990 commenced on date of assent
Criminal Code and Another Act Amendment Act
1990 No. 93 date of assent 7 December 1990
ss
1–2 commenced on date of assent remaining
provisions commenced 19 January 1991 (proc pubd gaz 19 January
1991 p 174) Referendums
Legislation Amendment Act 1990 No. 101 pt 6 date of assent 12
December 1990 commenced on date of assent
Supreme Court of Queensland Act 1991 No. 68 s
111 sch 2 date of assent 24 October 1991
ss
1–2 commenced on date of assent remaining
provisions commenced 14 December 1991 (1991 SL No. 173)
Statutory Instruments Act 1992 No. 22 pts 1,
8 date of assent 1 June 1992
commenced on date of assent
Criminal Law (Escaped Prisoners) Amendment
Act 1992 No. 25 pts 1–2 date of assent 1 June 1992
commenced on date of assent
Electoral Act 1992 No. 28 pts 1, 10 div
3 date of assent 1 June 1992
ss
1–2 commenced on date of assent remaining
provisions commenced 19 June 1992 (1992 SL No. 160)
Juvenile Justice Act 1992 No. 44 s 235 sch
3 date of assent 19 August 1992
ss
1–2 commenced on date of assent remaining
provisions commenced 1 September 1993 (1993 SL No. 313)
Penalties and Sentences Act 1992 No. 48 ss
197(1), 207 sch date of assent 24 November 1992
ss
1–2 commenced on date of assent remaining
provisions commenced 27 November 1992 (1992 SL No. 377)
Prostitution Laws Amendment Act 1992 No. 65
pts 1, 3 date of assent 7 December 1992
ss
1–2 commenced on date of assent remaining
provisions commenced 1 February 1993 (1993 SL No. 11)
Page
482 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Statute Law (Miscellaneous Provisions) Act
(No. 2) 1992 No. 68 s 3 sch 2 date of assent 7
December 1992 commenced on date of assent
Criminal Law Amendment Act 1993 No. 65
date
of assent 23 November 1993 commenced on date of assent
Justice and Attorney-General Legislation
(Miscellaneous Provisions) Act 1993 No. 68 pt 6
date
of assent 23 November 1993 commenced on date of assent
Local
Government Act 1993 No. 70 s 804 sch date of assent 7
December 1993 ss 1–2 commenced on date of assent
remaining provisions commenced 26 March 1994
(see s 2(5)) Fisheries Act 1994 No. 37 s 244 sch 2
date
of assent 8 September 1994 ss 1–2 commenced on date of
assent remaining provisions commenced 27 January
1995 (1995 SL No. 9) Criminal Code No. 37 of 1995 ss 1–2,
459(2) sch 3 pt 1 div 2, 459(4) sch 3 pt 2 div 2,
459(6) sch 3 pt 3 div 2 (this Act is
amended, see amending legislation below) date of assent 16
June 1995 ss 1–2, 459(2) sch 3 pt 1 div 2 commenced on
date of assent (see s 2(2)) remaining provisions never proclaimed
into force and rep 1997 No. 3 s 121 amending
legislation— Statute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 1 (amends 1995 No. 37
above) date of assent 28 November 1995
commenced 16 June 1995 (see s 2(1) sch
1) Jury Act 1995 No. 42 ss 1–2, 76 sch 2
date
of assent 9 November 1995 ss 1–2 commenced on date of
assent remaining provisions commenced 17 February
1997 (1997 SL No. 13) Criminal Offence Victims Act 1995 No.
54 ss 1–2, 45 sch 2 date of assent 22 November 1995
ss
1–2 commenced on date of assent remaining
provisions commenced 18 December 1995 (1995 SL No. 383)
Statute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 1 date of assent 28 November 1995
commenced on date of assent
Criminal Law Amendment Act 1997 No. 3 ss 1,
2(2) pt 3, s 120 sch 1 (this Act is amended, see
amending legislation below) date of assent 3 April 1997
Current as at 27 November 2013
Page
483
Criminal Code Act 1899 Endnotes
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 1997 (1997 SL No. 152)
amending legislation— Justice and
Other Legislation (Miscellaneous Provisions) Act 1997 No. 9 ss
1, 2(2), 3, pt 9 sch 1 (amends 1997 No. 3
above) date of assent 15 May 1997
commenced 1 July 1997 (see s 2(2))
Penalties and Sentences (Serious Violent
Offences) Amendment Act 1997 No. 4 pts 1, 3
date
of assent 3 April 1997 ss 1–2 commenced on date of
assent remaining provisions commenced 1 July 1997
(1997 SL No. 151) Justice and Other Legislation (Miscellaneous
Provisions) Act 1997 No. 9 ss 1–2(1) pt 7
date
of assent 15 May 1997 commenced on date of assent
Aboriginal, Torres Strait Islander and Remote
Communities (Justice Initiatives) Amendment Act
1997 No. 32 date of assent 18 July 1997
ss
1–2 commenced on date of assent remaining
provisions commenced 1 August 1997 (1997 SL No. 234)
Friendly Societies (Queensland) Act 1997 No.
35 ss 1–2, 38 sch date of assent 18 July 1997
ss
1–2 commenced on date of assent remaining
provisions commenced 1 October 1997 (1997 SL No. 307)
Courts Reform Amendment Act 1997 No. 38 ss
1–2, pt 4 date of assent 18 July 1997
ss
1–2 commenced on date of assent remaining
provisions commenced on 1 August 1997 (1997 SL No. 235)
Justice and Other Legislation (Miscellaneous
Provisions) Act (No. 2) 1997 No. 82 ss 1, 3 sch
date
of assent 5 December 1997 commenced on date of assent
Police and Other Legislation (Miscellaneous
Provisions) Act 1998 No. 19 ss 1–2, pt 4 date of assent 26
March 1998 commenced on date of assent
Corrective Services Legislation Amendment Act
1999 No. 9 pt 1 sch date of assent 30 March 1999
ss
1–2 commenced on date of assent remaining
provisions commenced 1 May 1999 (1999 SL No. 72)
Page
484 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Child
Protection Act 1999 No. 10 ss 1, 2(2), 205 sch 3
date
of assent 30 March 1999 ss 1–2 commenced on date of
assent remaining provisions commenced 23 March 2000
(2000 SL No. 45) Justice Legislation (Miscellaneous
Provisions) Act 1999 No. 16 ss 1–2 sch date of assent 22
April 1999 commenced on date of assent
Criminal Code (Stalking) Amendment Act 1999
No. 18 pts 1–2 date of assent 30 April 1999
commenced on date of assent
Statute Law (Miscellaneous Provisions) Act
1999 No. 19 ss 1–3 sch date of assent 30 April 1999
commenced on date of assent
Road
Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3) sch pt 3
date
of assent 2 September 1999 ss 1–2 commenced on date of
assent remaining provisions commenced 1 December
1999 (see s 2(1)) Audio Visual and Audio Links Amendment Act
1999 No. 65 pts 1, 3 date of assent 6 December 1999
ss
1–2 commenced on date of assent remaining
provisions commenced 1 March 2000 (2000 SL No. 14)
Justice Legislation (Miscellaneous
Provisions) Act (No. 2) 1999 No. 66 ss 1, 2(2), pt 3 s
6
sch date of assent 6 December 1999
ss
1–2 commenced on date of assent remaining
provisions commenced 1 March 2000 (2000 SL No. 15)
Prostitution Act 1999 No. 73 ss 1, 2(2)–(3),
pt 10 date of assent 14 December 1999
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2000 (see s 2(2)–(3))
Police Powers and Responsibilities Act 2000
No. 5 ss 1–2, 373 sch 2, 461 (prev s 373) sch 3
date
of assent 23 March 2000 ss 1–2, 373 sch 2 commenced on date of
assent (see s 2(2)) remaining provisions commenced 1 July 2000
(see s 2(1), (3) and 2000 SL No. 174) Mental Health Act
2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8
June 2000 ss 1–2, 590 commenced on date of assent (see
s 2(1)) remaining provisions commenced 28 February
2002 (2002 SL No. 27) Training and Employment Act 2000 No. 23
ss 1, 2(3), 293 sch 2 date of assent 27 June 2000
ss
1–2 commenced on date of assent remaining
provisions commenced 28 September 2000 (2000 SL No. 248)
Current as at 27 November 2013
Page
485
Criminal Code Act 1899 Endnotes
Criminal Law Amendment Act 2000 No. 43 pts 1,
3 date of assent 13 October 2000
ss
1–2 commenced on date of assent remaining
provisions commenced 27 October 2000 (2000 SL No. 270)
Statute Law (Miscellaneous Provisions) Act
2000 No. 46 ss 1, 3 sch date of assent 25 October 2000
commenced on date of assent
Justice and Other Legislation (Miscellaneous
Provisions) Act 2000 No. 58 ss 1–2 sch date of assent 17
November 2000 commenced on date of assent
Corrective Services Act 2000 No. 63 ss 1,
2(2), 276 sch 2 date of assent 24 November 2000
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2001 (2001 SL No. 88)
Crimes at Sea Act 2001 No. 19 ss 1–2,
9 date of assent 11 May 2001
ss
1–2 commenced on date of assent remaining
provisions commenced 6 August 2001 (2001 SL No. 128)
Electoral and Other Acts Amendment Act 2002
No. 8 ss 1, 2(2), pt 3 date of assent 19 April 2002
ss
1–2 commenced on date of assent remaining
provisions commenced 6 June 2002 (2002 SL No. 119)
Criminal Law Amendment Act 2002 No. 23 ss
1–2, pt 3, s 3 sch date of assent 23 May 2002
ss
1–3 commenced on date of assent (see s 2(1)) sch amdt 1
commenced 28 February 2002 (see s 2(2)) remaining
provisions commenced 19 July 2002 (2002 SL No. 157)
Drugs
Misuse Amendment Act 2002 No. 35 ss 1–2, 13 sch date of assent 16
August 2002 ss 1–2 commenced on date of assent
remaining provisions commenced 27 September
2002 (2002 SL No. 253) Juvenile Justice Amendment Act 2002 No.
39 pts 1, 7 date of assent 29 August 2002
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2003 (2002 SL No. 350)
Juvenile Justice Act 1992 No. 44 s 341(3)
(prev 262(3)) sch 3 (this Act is amended, see amending
legislation below) amending legislation— Page 486
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Juvenile Justice Amendment Act 2002 No. 39
ss 1–2, 115, 118 (amends 1992 No. 44
above) date of assent 29 August 2002
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2003 (2002 SL No. 350)
Criminal Proceeds Confiscation Act 2002 No.
68 ss 1–2(1)(a), (3)(a), ch 12 pt 4 date of assent 29
November 2002 ss 1–2 commenced on date of assent
remaining provisions commenced on date of
assent (see s 2(3)(a)) Discrimination Law Amendment Act 2002
No. 74 ss 1–2, 90 sch date of assent 13 December 2002
ss
1–2 commenced on date of assent s 90 commenced 31
March 2003 (2003 SL No. 51) remaining provisions commenced 1 April
2003 (2003 SL No. 51) Sexual Offences (Protection of
Children) Amendment Act 2003 No. 3 ss 1, 2(2), pt 3
date
of assent 4 March 2003 ss 1–2 commenced on date of
assent remaining provisions commenced 1 May 2003
(2003 SL No. 52) Criminal Code (Palliative Care) Amendment Act
2003 No. 15 date of assent 9 April 2003
ss
1–2 commenced on date of assent remaining
provisions commenced 20 June 2003 (2003 SL No. 114)
Evidence (Protection of Children) Amendment
Act 2003 No. 55 pts 1, 5 date of assent 18 September
2003 ss 1–2 commenced on date of assent
remaining provisions commenced 5 January
2004 (2003 SL No. 280) Justice and Other Legislation Amendment
Act 2003 No. 77 ss 1, 2(3), pt 10 date of assent 6
November 2003 ss 1–2 commenced on date of assent
remaining provisions commenced 8 December
2003 (2003 SL No. 310) Police Powers and Responsibilities and
Other Legislation Amendment Act 2003 No. 92 s 1, pt
5A date of assent 3 December 2003
commenced on date of assent
Terrorism (Community Safety) Amendment Act
2004 No. 8 pts 1, 3 date of assent 20 May 2004
ss
1–2 commenced on date of assent remaining
provisions commenced 6 August 2004 (2004 SL No. 147)
Local
Government (Community Government Areas) Act 2004 No. 37 ss 1–2, 86
sch 1 date of assent 27 October 2004
ss
1–2 commenced on date of assent remaining
provisions commenced 1 January 2005 (2004 SL No. 266)
Current as at 27 November 2013
Page
487
Criminal Code Act 1899 Endnotes
Justice and Other Legislation Amendment Act
2004 No. 43 pts 1, 6, s 3 sch date of assent 18
November 2004 ss 1–2 commenced on date of assent
remaining provisions commenced 3 December
2004 (2004 SL No. 263) Criminal Code (Child Pornography and
Abuse) Amendment Act 2005 No. 9 pts 1–2 date of assent 18
March 2005 ss 1–2 commenced on date of assent
remaining provisions commenced 4 April 2005
(2005 SL No. 48) Tourism, Fair Trading and Wine Industry
Development Legislation Amendment Act 2005 No. 24 pts
1, 5 date of assent 31 May 2005
ss
1–2 commenced on date of assent remaining
provisions commenced 26 May 2005 (see s 2) Cross-Border Law
Enforcement Legislation Amendment Act 2005 No. 45 ss 1–2(1),
74
sch 4 date of assent 14 October 2005
ss
1–2 commenced on date of assent remaining
provisions commenced 30 June 2006 (2006 SL No. 144)
Defamation Act 2005 No. 55 ss 1–2, 48 sch
4 date of assent 18 November 2005
ss
1–2 commenced on date of assent remaining
provisions commenced 1 January 2006 (see s 2) Justice and Other
Legislation Amendment Act 2005 No. 70 s 1, pt 10, s 166 sch
date
of assent 8 December 2005 commenced on date of assent
Drug
Legislation Amendment Act 2006 No. 8 pts 1, 4 date of assent 15
March 2006 ss 1–2 commenced on date of assent
remaining provisions commenced 3 July 2006
(2006 SL No. 151) Health Quality and Complaints Commission Act
2006 No. 25 ss 1–2(1), 241(1) sch 3 date of assent 29
May 2006 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2006
(see s 2(1)) Police Powers and Responsibilities and Other
Acts Amendment Act 2006 No. 26 ss 1, 2(1)(e), 2(13),
pt 3 date of assent 1 June 2006
commenced on date of assent (see s 2(1)(e),
2(13)) Corrective Services Act 2006 No. 29 ss 1,
2(2), 518 sch 3 date of assent 1 June 2006
ss
1–2 commenced on date of assent remaining
provisions commenced 28 August 2006 (2006 SL No. 213)
Page
488 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Criminal Code Amendment Act 2006 No. 30 pts
1–2 date of assent 1 June 2006
commenced on date of assent
Criminal Code (Drink Spiking) and Other Acts
Amendment Act 2006 No. 45 pts 1–2 date of assent 10
November 2006 commenced on date of assent
Transport Legislation and Another Act
Amendment Act 2007 No. 6 pts 1–1A date of assent 28
February 2007 ss 1–2 commenced on date of assent
s 2B
commenced 30 October 2007 (see 2007 SL No. 255) amdt given effect
under AIA s 14H(2)(a) remaining
provisions commenced 30 October 2007 (2007 SL No. 255)
Criminal Code and Civil Liability Amendment
Act 2007 No. 14 s 1, pt 2 date of assent 20 March 2007
commenced on date of assent
Security Providers Amendment Act 2007 No. 15
ss 1–2, 37 sch date of assent 20 March 2007
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2008 (2008 SL No. 118)
Legal
Profession Act 2007 No. 24 ss 1–2, 770 sch 1 date of assent 28
May 2007 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2007
(2007 SL No. 151) Justice and Other Legislation Amendment Act
2007 No. 37 pts 1, 8, s 42 sch date of assent 29
August 2007 ss 1–2 commenced on date of assent
ss
43–44 commenced 30 November 2007 (2007 SL No. 295)
remaining provisions commenced 28 September
2007 (2007 SL No. 241) Criminal Code (Double Jeopardy)
Amendment Act 2007 No. 49 date of assent 25 October 2007
commenced on date of assent
Local Government and
Other Legislation (Indigenous Regional
Amendment Act 2007 No. 59 pts 1, 5
date
of assent 22 November 2007 ss 1–2 commenced on date of
assent remaining provisions commenced 15 March 2008
(2007 SL No. 336) Councils) Criminal Code and
Jury and Another Act Amendment Act 2008 No. 50 pts 1–2
date
of assent 19 September 2008 commenced on date of assent
Criminal Code and Other Acts Amendment Act
2008 No. 55 pts 1–2 date of assent 23 October 2008
ss
1–2 commenced on date of assent remaining
provisions commenced 1 December 2008 (2008 SL No. 386)
Current as at 27 November 2013
Page
489
Criminal Code Act 1899 Endnotes
Justice and Other Legislation Amendment Act
2008 No. 59 s 1, pt 8 date of assent 25 November 2008
commenced on date of assent
Transport and Other Legislation Amendment Act
2008 No. 67 ss 1, 2(3)(d), pt 3 div 3, pt 6 div 2 sdiv
1 date of assent 1 December 2008
ss
1–2, pt 3 div 3 commenced on date of assent remaining
provisions commenced 1 November 2009 (2009 SL No. 225)
Guide, Hearing and Assistance Dogs Act 2009
No. 4 ss 1–2, 124(2) sch 3 date of assent 23 February 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2009 (2009 SL No. 125)
Local
Government Act 2009 No. 17 ss 1, 2(4), 331 sch 1
date
of assent 12 June 2009 ss 1–2 commenced on date of
assent remaining provisions commenced 1 July 2010
(2010 SL No. 122) Criminal Code
and Other Legislation (Misconduct, Breaches
of Discipline and
Public Sector Ethics) Amendment Act 2009 No.
25 pts 1–2 date of assent 11 August 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 24 September 2009 (2009 SL No. 203)
Criminal Code (Medical Treatment) Amendment
Act 2009 No. 33 date of assent 5 September 2009
commenced on date of assent
Juvenile Justice and Other Acts Amendment Act
2009 No. 34 ss 1, 2(2), 45(1) sch pt 1 amdt 12
date
of assent 17 September 2009 ss 1–2 commenced on date of
assent remaining provisions commenced 29 March 2010
(2010 SL No. 37) Victims of Crime Assistance Act 2009 No. 35
ss 1–2, ch 7 pt 2 date of assent 17 September 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 1 December 2009 (2009 SL No. 277)
Criminal Organisation Act 2009 No. 53 ss 1–2,
pt 11 div 2 date of assent 3 December 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 15 April 2010 (2010 SL No. 61)
Criminal Code
(Abusive Domestic
Relationship Defence
and Another Matter)
Amendment Act 2010 No. 1 date of assent 16
February 2010 commenced on date of assent
Page
490 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Surrogacy Act 2010 No. 2 ss 1–2, ch 6 pt 5, s
89 sch 1 date of assent 16 February 2010
ss
1–2 commenced on date of assent remaining
provisions commenced 1 June 2010 (2010 SL No. 86)
Transport and Other Legislation Amendment Act
(No. 2) 2010 No. 19 ss 1, 2(1)(a), ch 2 pt 4
date
of assent 23 May 2010 ss 1–2 commenced on date of
assent s 24 commenced
21 September 2010
(see s 2(1)(a)
and gazette notice
pubd Queensland Government Gazette No. 20,
21 September 2010 p 172) remaining provisions commenced on date
of assent Civil and Criminal Jurisdiction Reform and
Modernisation Amendment Act 2010 No. 26 pts 1,
4 date of assent 13 August 2010
ss
1–2 commenced on date of assent remaining
provisions commenced 1 November 2010 (2010 SL No. 236)
Prostitution and Other Acts Amendment Act
2010 No. 29 s 1, pt 3 date of assent 1 September 2010
commenced on date of assent
Ministerial and Other Office Holder Staff Act
2010 No. 36 ss 1–2, pt 6 div 1 date of assent 20
September 2010 ss 1–2 commenced on date of assent
remaining provisions commenced 1 November
2010 (2010 SL No. 304) Justice and Other Legislation Amendment
Act 2010 No. 42 ss 1–2(1), pt 7 date of assent 14
October 2010 s 23 commenced 1 November 2010 (2010 SL No.
301) remaining provisions commenced on date of
assent Criminal Code and Other Legislation Amendment
Act 2011 No. 7 pts 1–2 date of assent 4 April 2011
commenced on date of assent
Transport and Other Legislation Amendment Act
2011 No. 12 ss 1–2(1), pt 4 date of assent 14 April 2011
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2011 (2011 SL No. 97)
Forensic Disability Act 2011 No. 13 ch 1 pt
1, ch 14 pt 5 date of assent 19 May 2011
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2011 (2011 SL No. 121 item 1)
Local
Government Electoral Act 2011 No. 27 s 1, pt 12 div 7
date
of assent 1 September 2011 commenced on date of assent
Current as at 27 November 2013
Page
491
Criminal Code Act 1899 Endnotes
Hospital and Health Boards Act 2011 No. 32 ss
1–2, 332 sch 1 pt 2 (prev Health and Hospitals
Network Act 2011) (this Act is amended, see amending
legislation below) date of assent 28
October 2011 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2012
(2012 SL No. 61 item 3) (previous proclamation 2012
SL No. 23 item 3 was rep (2012 SL No. 61)) amending
legislation— Health and Hospitals Network and Other
Legislation Amendment Act 2012 No. 9 ss 1–2(1),
47 (amends 2011 No. 32 above) date of assent 27
June 2012 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2012
(see s 2(1)) Criminal Organisation Amendment Act 2011 No.
43 pts 1, 4 date of assent 6 December 2011
commenced on date of assent
Civil
Proceedings Act 2011 No. 45 ss 1–2, pt 17 date of assent 6
December 2011 ss 1–2 commenced on date of assent
remaining provisions commenced 1 September
2012 (2012 SL No. 146) Domestic and Family Violence Protection
Act 2012 No. 5 ss 1–2, pt 11 div 1 date of assent 17
February 2012 ss 1–2 commenced on date of assent
remaining provisions commenced 17 September
2012 (see s 2) Parliament of Queensland and Other Acts
Amendment Act 2012 No. 6 ss 1, 27 sch amdts 1(1)(a),
(2), 2(1)(a), (2) date of assent 18 May 2012
commenced on date of assent
Penalties and Sentences and Other Legislation
Amendment Act 2012 No. 17 pts 1, 5 date of assent 14
August 2012 ss 1–2 commenced on date of assent
remaining provisions commenced 21 August
2012 (see s 2) Criminal Law (False Evidence Before
Parliament) Amendment Act 2012 No. 18 pts 1–2
date
of assent 14 August 2012 commenced on date of assent
Criminal Law Amendment Act 2012 No. 19 pts
1–2 date of assent 29 August 2012
commenced on date of assent
Page
492 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Classification of Computer Games and Images
and Other Legislation Amendment Act 2013 No. 3
ss 1–2(1)(a), (2)(d)–(f), (3), pt 5, s 61 sch 2 date of assent 26
February 2013 ss 1–2 commenced on date of assent
ss
42, 43(1)–(5) commenced on date of assent (see s 2(1)(a),
(3)) remaining provisions commenced 5 April 2013
(2013 SL No. 39) Criminal Law (Child Exploitation and
Dangerous Drugs) Amendment Act 2013 No. 14 pts 1,
3 date of assent 29 April 2013
commenced on date of assent
Queensland Rail Transit Authority Act 2013
No. 19 ss 1, 120 sch 1 date of assent 3 May 2013
commenced on date of assent
Industrial Relations (Transparency and
Accountability of Industrial Organisations) and Other Acts
Amendment Act 2013 No. 29 ss 1, 2(2), pt 2D date of assent 20
June 2013 ss 1–2 commenced on date of assent
remaining provisions commenced 1 July 2013
(see s 2(2)) Criminal Law and Other Legislation Amendment
Act 2013 No. 31 s 1, pt 4 date of assent 13 August 2013
commenced on date of assent
Justice and Other Legislation Amendment Act
2013 No. 35 s 1, pt 11B date of assent 29 August 2013
commenced on date of assent
Health Ombudsman Act 2013 No. 36 ss 1–2, 331
sch 1 date of assent 29 August 2013
ss
1–2 commenced on date of assent remaining
provisions not yet proclaimed into force (see s 2)
Treasury and Trade and Other Legislation
Amendment Act 2013 No. 39 ss 1, 111 sch 4
date
of assent 23 September 2013 commenced on date of assent
Criminal Law (Criminal Organisations
Disruption) Amendment Act 2013 No. 45 pts 1, 4
date
of assent 17 October 2013 commenced on date of assent
G20
(Safety and Security) Act 2013 No. 56 s 1, pt 15 div 1
date
of assent 7 November 2013 commenced on date of assent
Criminal Law
(Criminal Organisations Disruption) and
Other Legislation Amendment Act
2013 No. 64 ss 1–2(1)(a), pt 5 date of assent 27
November 2013 commenced on date of assent
Current as at 27 November 2013
Page
493
Criminal Code Act 1899 Endnotes
8 List of annotations for Criminal
Code Note—By s 19 of Act No. 13 of 1977 notes to
certain sections of the Criminal Code shall be deemed
to be headings to such sections (see endnote 10—Transitional
and
savings provisions for Criminal Code). Index
amd
1982 No. 59 s 4; 1984 No. 32 s 5; 1989 No. 17 s 58; 1990 No. 93 s
3 om R1 (see RA s 36) Definitions prov hdg
amd
2000 No. 43 s 15(1) s 1 def adult
ins
1989 No. 17 s 4 def adult entertainment
ins
1999 No. 73 s 171(2) def adult entertainment permit
ins
1999 No. 73 s 171(2) def affected child ins 2003 No. 55 s
10 def aircraft ins 1964 No. 14 s
2(a) def animal ins 1986 No. 1 s
3 def approved manager ins 1999 No. 73 s
171(2) def arresting officer ins 2003 No. 55 s
10 sub 2010 No. 26 s 16 def
benefit ins 1997 No. 3 s
6(2) def brothel licence ins 1999 No. 73 s
171(2) def canal ins 2008 No. 55 s
4(2) def carnal knowledge ins 1997 No. 3 s
6(2) om 2004 No. 43 s 3 sch def
carnal knowledge ins 2003 No. 55 s
10 def child exploitation material
ins
2005 No. 9 s 4 def classification officer
ins
2005 No. 9 s 4 def classified ins 2005 No. 9 s
4 def clerk and
servant amd 1997 No. 35 s
36 sch def committal for trial
ins
1975 No. 27 s 2(a) def computer game ins 2005 No. 9 s
4 def computer generated image
ins
2003 No. 3 s 14A def conduct ins 2005 No. 70 s
53 def consent ins 2000 No. 43 s
15(2) def court ins 2003 No. 55 s
10 def crematorium ins 2011 No. 7 s
3 def criminal history ins 2003 No. 55 s
10 def criminal organisation
ins
2009 No. 53 s 145(1) sub 2013 No. 45 s 41 amd 2013 No. 64 s
48 def Crown Law Officer amd 1984 No. 95 s
34(3); 2000 No. 46 s 3 sch def damage
ins
2008 No. 55 s 4(2) def detriment ins 2008 No. 55 s
4(2) def disclose ins 2003 No. 55 s
10 om 2008 No. 55 s 4(1) def
disclosure obligation ins 2010 No. 26 s
16(2) def disclosure obligation direction
ins
2010 No. 26 s 16(2) def document ins 1997 No. 3 s
6(2) Page 494 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
def domestic relationship
ins
2011 No. 7 s 3 sub 2012 No. 5 s 216 def
DPP
presenter ins 2002 No. 68 s 302 def
dwelling amd 1997 No. 3 s
6(3) def Evidence Act section 93A device
statement ins 2010 No. 2 s 89 sch 1
def exculpatory thing ins 2003 No. 55 s
10 def family ins 2002 No. 23 s
8 def film ins 2005 No. 9 s
4 def forge ins 1997 No. 3 s
6(2) def genitalia ins 2000 No. 43 s
15(2) def grievous bodily harm
sub
1997 No. 3 s 6(1)–(2) def have in
possession see possession def
indecent matter ins 2003 No. 3 s
14A def inland water ins 2008 No. 55 s
4(2) def intellectually impaired person
ins
1992 No. 65 s 6 om 2008 No. 55 s 4(1) def
judicial officer ins 2002 No. 23 s
8 def judicial proceeding
ins
2002 No. 23 s 8 def law enforcement agency
ins
2005 No. 70 s 53 sub 2009 No. 53 s 145(2) def
law
enforcement officer ins 2005 No. 70 s 53 sub 2009 No. 53 s
145(2) def licensed brothel ins 1999 No. 73 s
171(2) def licensee ins 1999 No. 73 s
171(2) def mail om 1997 No. 3 s
6(1) def mail conveyance om 1997 No. 3 s
6(1) def material ins 2005 No. 9 s
4 def motor vehicle ins 1964 No. 14 s
2(b) def observe ins 2005 No. 70 s
53 def occupier ins 2005 No. 70 s
53 def offence ins 2003 No. 55 s
10 def original evidence ins 2003 No. 55 s
10 def party ins 2010 No. 26 s
16(2) def penetrate ins 2000 No. 43 s
15(2) def penis ins 2000 No. 43 s
15(2) def person employed in the public
service amd 1997 No. 3 s 6(5); 2008 No.
67 s
113; 2010 No. 19 s 23(2)–(3); 2010 No. 36 s 44; 2013 No. 19 s
120 sch 1 def
person with an impairment of the mind
ins
2008 No. 55 s 4(2) def picture ins 2003 No. 3 s
14A def place ins 2005 No. 70 s
53 def police officer om 2000 No. 5 s
373 sch 2 def port ins 2008 No. 55 s
4(2) def possession amd 1997 No. 3 s
6(4) def possession of the prosecution
ins
2003 No. 55 s 10 def Post and Telegraph Department
om
1997 No. 3 s 6(1) def Postmaster-General om 1997 No. 3 s
6(1) def post office and
telegraph office om 1997 No. 3 s
6(1) Current as at 27 November 2013
Page
495
Criminal Code Act 1899 Endnotes
def premises ins 1997 No. 3 s
6(2) def prescribed summary trial
ins
2003 No. 55 s 10 def private act ins 2005 No. 70 s
53 def private place ins 2005 No. 70 s
53 def property sub 1997 No. 3 s
6(1)–(2) def prosecution ins 2003 No. 55 s
10 sub 2010 No. 26 s 16 def
prostitution ins 1992 No. 65 s
6 def publication ins 2005 No. 9 s
4 def public officer ins 1997 No. 3 s
6(2) amd 2000 No. 46 s 3 sch def
public place ins 2005 No. 70 s
53 def rail GOC ins 2010 No. 19 s
23(1) om 2013 No. 19 s 120 sch 1
def rail government entity
ins
2013 No. 19 s 120 sch 1 def record
ins
1997 No. 3 s 6(2) def registered brand and
registered mark amd 1961 10 Eliz
2 No. 11 s 2 def relevant proceeding
ins
2003 No. 55 s 10 def sensitive evidence ins 2003 No. 55 s
10 def serious disease ins 1997 No. 3 s
6(2) def sexual act ins 1992 No. 65 s
6 om 1999 No. 73 s 171(1) def
someone ins 2005 No. 9 s
4 def spent conviction ins 2003 No. 55 s
10 def statement ins 2003 No. 55 s
10 def state of undress ins 2005 No. 70 s
53 def stock ins 2002 No. 23 s
8 def telegram and
thing sent by telegraph om 1997 No. 3 s
6(1) def telegraph om 1997 No. 3 s
6(1) def the offender cannot be arrested
without warrant ins 2003 No. 55 s 10 def
the
offender may be arrested without warrant ins 2003 No. 55 s
10 def thing sent by post om 1997 No. 3 s
6(1) def trial ins 1975 No. 27 s
2(b) def unlawful game ins 2005 No. 70 s
53 def vagina ins 2000 No. 43 s
15(2) def vehicle ins 1997 No. 3 s
6(2) amd 2008 No. 55 s 4(3) def
view ins 2010 No. 2 s 89 sch 1
def visually record ins 2005 No. 70 s
53 def vulva ins 2000 No. 43 s
15(2) def woman ins 1997 No. 3 s
6(2) def writing ins 1997 No. 3 s
6(2) Division of offences s 3
sub
1985 No. 32 s 10(a) Page 496 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Carnal knowledge s 6
amd
1990 No. 93 s 4 sub 1997 No. 3 s 7 amd 2004 No. 43 s
3 sch Accessories after the fact
s
10 amd 1997 No. 3 s 8 Interpretation of
ch 2 s 10A ins 1997 No. 3 s 9 Application of
Code as to offences wholly or partially committed in
Queensland s 12 sub 1989 No. 17 s 5
Offences enabled, aided, procured or
counselled by persons out of Queensland s 13
sub
1989 No. 17 s 6 Offences procured in Queensland to be
committed out of Queensland s 14
amd
1989 No. 17 s 7 Offences committed on the high seas
s
14A ins 1976 No. 25 s 3 amd 1997 No. 82 s
3 sch om 2001 No. 19 s 9 Defence
Force s 15 amd 2010 No. 2 s 89 sch 1
Former conviction or acquittal
s
17 amd 2007 No. 49 s 3 CHAPTER 4—ROYAL
PREROGATIVE OF MERCY ch hdg sub 1992 No. 48 s
207 sch Royal prerogative of mercy
s
18 amd 1914 5 Geo 5 No. 22 s 2(1); 1922 13 Geo
5 No. 2 s 3(i); 1928 19 Geo 5 No. 19 s 3; 1986
No. 1 s 4; 1988 No. 88 s 5 sch 2 sub 1992 No. 44 s
235 sch 3; 1992 No. 48 s 207 sch Construction of
provisions of Code as to punishments s 19
amd
1922 13 Geo 5 No. 2 s 3(ii); 1943 7 Geo 6 No. 14 s 2; 1948 12 Geo 6
No. 48 s 4; 1961 10 Eliz 2 No. 11 s 3; 1971 No.
41 s 4; 1975 No. 27 s 3; 1986 No. 1 s 5; 1988
No. 88 s 5 sch 2 om 1992 No. 48 s 207 sch Calculation of
Term of Sentence: Cumulative Sentences: Escaped Prisoners
prov
hdg amd 1992 No. 25 s 2(1) s 20
amd
1948 12 Geo 6 No. 48 s 5; 1988 No. 88 s 5 sch 2; 1992 No 25 s
2(2) om 1992 No 48 s 207 sch Prerogative s 21
om
1992 No. 48 s 297 sch Current as at 27 November 2013
Page
497
Criminal Code Act 1899 Endnotes
Ignorance of the law—bona fide claim of
right s 22 amd 1985 No. 32 s 10(b); 1992 No. 22 s
50; 1992 No. 68 s 3 sch 2; 2000 No. 46 s 3 sch
Intention—motive s 23
amd
1997 No. 3 s 10; 2011 No. 7 s 4; 2013 No. 35 s 42D
Intoxication s 28
amd
1997 No. 3 s 11 Immature age s 29
amd
1976 No. 25 s 19 sch; 1989 No. 17 s 9; 1997 No. 3 s 12
Justification and excuse—compulsion
s
31 amd 1922 13 Geo 5 No. 2 s 3(iii); 1971 No.
41 s 7; 1997 No. 3 s 13; 2000 No. 43 s 16; 2008 No.
55 s 5 Compulsion of husband s 32
amd
1922 13 Geo 5 No. 2 s 3(iii); 1971 No. 41 s 7 om 1997 No. 3 s
120 sch 1 No conspiracy between husband and wife
alone s 33 om 1997 No. 3 s 120 sch 1
Liability of husband and wife for offences
committed by either with respect to the other’s
property s 35 amd 1977 No. 47 s 3(7) sch 1 pt
G om 1997 No. 3 s 120 sch 1
Application of rules s 36
amd
1985 No. 32 s 10(c) CHAPTER 6—TREASON
AND OTHER OFFENCES
AGAINST THE
SOVEREIGN’S PERSON AND AUTHORITY
ch
hdg om 1997 No. 3 s 120 sch 1
Treason s 37
amd
1922 13 Geo 5 No. 2 s 3(iv); 1988 No. 88 s 5 sch 2; 1992 No. 48 s
207 sch om 1997 No. 3 s 120 sch 1
Concealment of treason s 38
amd
1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1
Treasonable crimes s 39
amd
1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1
Time
for proceeding in cases of treason or concealment of treason—2
witnesses necessary s 40
om
1997 No. 3 s 120 sch 1 Page 498 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Inciting to mutiny s 41
amd
1986 No. 1 s 6; 1988 No. 88 s 5 sch 2 om 1997 No. 3 s
120 sch 1 Assisting escape of prisoners of war
s
42 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Overt act s 43
om
1997 No. 3 s 120 sch 1 Unlawful oaths to commit certain
crimes prov hdg amd 1922 13 Geo 5
No. 2 s 3(v) s 47 amd 1922 13 Geo 5 No. 2 s 3(v); 1971
No. 41 s 7; 1986 No. 1 s 7; 1988 No. 88 s 5 sch 2; 1997
No. 3 s 14 om 2008 No. 55 s 6 Other unlawful
oaths to commit offences s 48 amd 1922 13 Geo 5
No. 2 s 3(vi); 1988 No. 88 s 5 sch 2 om 2008 No. 55 s
6 Compulsion, how far a defence
s
49 om 2008 No. 55 s 6 Effect of
prosecution s 50 om 1997 No. 3 s 120 sch 1
Unlawful drilling s 51
amd
1900 64 Vic No. 7 s 1 sch; 1988 No. 88 s 5 sch 2; 1997 No. 82 s 3
sch Sedition s 52
amd
1988 No. 88 s 5 sch 2 Evidence of proceedings in the Assembly
allowed for prosecution s 53 prev s 53 om 1997
No. 3 s 120 sch 1 pres s 53 ins 2012 No. 18 s 2A
Interference with Governor or
Ministers s 54 amd 1939 3 Geo 6 No. 28 s 3; 2008 No.
55 s 7 Demands with menaces upon agencies of
government s 54A ins 1984 No. 32 s 3
amd
1988 No. 88 s 5 sch 2; 1992 No 48 s 207 sch; R1 (see RA s 39); 1997
No. 82 s 3 sch; 2000 No. 46 s 3 sch; 2008 No. 55
s 8; 2010 No. 2 s 89 sch 1 Interference with the
Legislature s 55 amd 1939 3 Geo 6 No. 28 s 3; 2008 No.
55 s 9 Disturbing the Legislature
s
56 prev s 56 amd 1939 3 Geo 6 No. 28 s 3
om
2006 No. 30 s 3 pres s 56 ins 2012 No. 18 s 2B
Current as at 27 November 2013
Page
499
Criminal Code Act 1899 Endnotes
Disturbance in House when Parliament not
sitting s 56A ins 1939 3 Geo 6 No. 28 s 2
amd
1988 No. 88 s 5 sch 2; 1999 No. 66 s 7 Going armed to
Parliament House s 56B ins 1939 3 Geo 6 No. 28 s 2
amd
1988 No. 88 s 5 sch 2; 1999 No. 66 s 8; 2000 No. 5 s 461 sch
3 False evidence before Parliament
s
57 prev s 57 amd 1988 No. 88 s 5 sch 2
om
2006 No. 30 s 4 pres s 57 ins 2012 No. 18 s 3
Witness refusing to attend, answer question
or produce a thing before Legislative Assembly or
authorised committee s 58 prev s 58 amd
1900 64 Vic No. 7 s 1 sch om 2006 No. 30 s 4 pres s 58 ins
2012 No. 18 s 3 Member of Parliament receiving bribes
s
59 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6
sch Bribery of member of Parliament
s
60 amd 1922 13 Geo 5 No. 26 s 2; 1988 No. 88 s
5 sch 2 CHAPTER 9—BREACHES OF THE PEACE
ch
hdg amd 2008 No. 55 s 10 Participants in
criminal organisation being knowingly present in public
places s 60A ins 2013 No. 45 s 42
Participants in
criminal organisation entering
prescribed places and
attending prescribed
events s 60B ins 2013 No. 45 s 42
Participants in criminal organisation
recruiting persons to become participants in the
organisation s 60C ins 2013 No. 45 s 42
Riot s 61 sub 2008 No. 55 s
11 Punishment of unlawful assembly
s
62 amd 1939 3 Geo 6 No. 28 s 3
om
2008 No. 55 s 11 Punishment of riot s 63
amd
1939 3 Geo 6 No. 28 s 3; 1988 No. 88 s 5 sch 2 om 2008 No. 55 s
11 Rioters remaining after proclamation ordering
them to disperse s 64 amd 1986 No. 1 s 8; 1988 No. 88 s 5
sch 2 om 2008 No. 55 s 11 Page 500
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Rioters demolishing buildings etc.
s
65 amd 1986 No. 1 s 9; 1988 No. 88 s 5 sch
2 om 2008 No. 55 s 11 Rioters injuring
building, machinery etc. s 66 amd 1988 No. 88 s
5 sch 2 om 2008 No. 55 s 11 Smuggling or
rescuing goods under arms s 67 amd 1988 No. 88 s
5 sch 2 om 1997 No. 3 s 120 sch 1
Smuggling under arms or in disguise
s
68 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Going armed so as to cause fear
s
69 amd 1939 3 Geo 6 No. 28 s 3; 1975 No. 27 s
4; 1988 No. 88 s 5 sch 2 Forcible entry s 70
amd
2008 No. 55 s 12 Forcible detainer s 71
amd
2008 No. 55 s 13 Affray s 72
amd
1988 No. 88 s 5 sch 2; 2008 No. 55 s 14; 2013 No. 45 s 43
Challenge to fight a duel s 73
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 15
Threatening violence s 75
amd
1975 No. 27 s 5; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 15
Assembling for the purpose of
smuggling s 76 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Unlawful processions
s
77 om 2008 No. 55 s 16 Interfering with
political liberty s 78 amd 1988 No. 88 s 5 sch 2
CHAPTER 11—PIRACY ch hdg
sub
2008 No. 55 s 17 Definition of act of
piracy s 79 sub 2008 No. 55 s 17
Crime
of piracy s 80 sub 2008 No. 55 s 17
Current as at 27 November 2013
Page
501
Criminal Code Act 1899 Endnotes
Punishment of piracy s 81
amd
1922 13 Geo 5 No. 2 s 3(vii); 1988 No. 88 s 5 sch 2; 1992 No. 48 s
207 sch om 2008 No. 55 s 17
Attempted piracy with personal
violence s 82 amd 1922 13 Geo 5 No. 2 s 3(vii); 1988
No. 88 s 5 sch 2; 1992 No. 48 s 207 sch
om
2008 No. 55 s 17 Aiding pirates s 83
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 17
PART 3—OFFENCES AGAINST
THE ADMINISTRATION OF
LAW AND JUSTICE, AGAINST
OFFICE AND AGAINST PUBLIC AUTHORITY pt hdg
amd
2008 No. 55 s 18 CHAPTER 12—UNLAWFULLY OBTAINING OR DISCLOSING
INFORMATION ch hdg amd 2009 No. 53 s
146 Disclosure of secrets relating to defences by
public officers s 84 om 1997 No. 3 s 120 sch 1
Disclosure of official secrets
s
85 sub 1997 No. 3 s 16 Obtaining of or
disclosure of secret information about the identity of
informant s 86 prev s 86 om 1997 No. 3 s 120 sch
1 pres s 86 ins 2009 No. 53 s 147
amd
2011 No. 43 s 22 Official corruption s 87
amd
1988 No. 88 s 5 sch 2; 1997 No. 3 s 16A; 1999 No. 66 s 6 sch
Public officers interested in
contracts s 89 amd 2010 No. 36 s 45; 2012 No. 6 s 27
sch amdts 1(1)(a), (2), 2(1)(a), (2) False claims by
officials s 91 amd 1988 No. 88 s 5 sch 2
Abuse
of office s 92 amd 1988 No. 88 s 5 sch 2
Misconduct in relation to public
office s 92A ins 2009 No. 25 s 4
amd
2013 No. 45 s 44 False certificates by public officers
s
94 amd 1988 No. 88 s 5 sch 2
False
assumption of authority s 96 amd 1988 No. 88 s
5 sch 2 Page 502 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Personating public officers
s
97 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 19 CHAPTER 14—CORRUPT AND IMPROPER PRACTICES AT
ELECTIONS Chapter division 1—Definitions for ch
14 ch div hdg ins 2002 No. 8 s
49 Definitions s 98
def authorising Act ins 2008 No. 55 s
20 def election amd 1990 No. 101
s 19(a); 1997 No. 82 s 3 sch; 2002 No. 8 s 50(2)
def municipal election om 1993 No. 70 s
804 sch; 2010 No. 2 s 89 sch 1 def
parliamentary election amd 1990 No. 101
s 19(b); 1997 No. 82 s 3 sch om 2002 No. 8 s
50(1) def polling booth om 2010 No. 2 s
89 sch 1 Chapter division 2—Legislative Assembly
elections and referendums ch div hdg ins 2002 No. 8 s
51 amd 2011 No. 27 s 258 Reference to
election or referendum s 98A ins 1992 No. 28 s
197 sub 1993 No. 70 s 804 sch; 2002 No. 8 s
51 amd 2011 No. 27 s 259 False or
misleading information s 98B ins 2002 No. 8 s
51 amd 2008 No. 55 s 21 Bribery
s
98C ins 2002 No. 8 s 51 amd 2004 No. 43 s
28 Forging or uttering electoral or referendum
paper s 98D ins 2002 No. 8 s 51
Influencing voting s 98E
ins
2002 No. 8 s 51 Providing money for illegal payments
s
98F ins 2002 No. 8 s 51 Voting if not
entitled s 98G ins 2002 No. 8 s 51
Chapter division 3—Other elections
ch
div hdg ins 2002 No. 8 s 51 Application of ch
div 3 s 98H ins 2002 No. 8 s 51
Current as at 27 November 2013
Page
503
Criminal Code Act 1899 Endnotes
Voting if not entitled s 99
amd
1988 No. 88 s 5 sch 2 sub 2008 No. 55 s 22
Hindering or interfering with voting
conduct s 100 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 22 Bribery s 101
amd
1988 No. 88 s 5 sch 2 sub 2008 No. 55 s 22
Publishing false information about a
candidate s 102 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 22 Providing money for illegal payments
s
103 amd 1973 No. 8 s 25; 1988 No. 88 s 5 sch 2;
1999 No. 66 s 6 sch sub 2008 No. 55 s 22 Election notices
to contain particular matters s 104
prev
s 104 om 1993 No. 70 s 804 sch pres s 104 ins
2008 No. 55 s 22 Illegal practices s 105
amd
1993 No. 70 s 804 sch om 2008 No. 55 s 22
Other
illegal practices s 106 amd 1990 No. 101 s 20; 1993 No. 70 s
804 sch om 2008 No. 55 s 22 Corrupt and
illegal practices—time s 107 amd 1993 No. 70 s
804 sch amd 2008 No. 55 s 23 Interfering at
elections s 108 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 24 Electors attempting to violate secrecy of
ballot s 109 amd 1988 No. 88 s 5 sch 2; 1990 No.
101 s 21; 2008 No. 55 s 25 Stuffing ballot boxes
s
110 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 26 Presiding officer helping an elector with a
disability s 111 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 26 False or misleading information
s
112 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 26 Page 504 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Interfering with secrecy at elections
s
113 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 26 Breaking the seal of a parcel at
elections s 114 amd 1988 No. 88 s 5 sch 2; 1990 No.
101 s 22 sub 2008 No. 55 s 26 Breaking seal of
packets used at elections s 115 amd 1952 1 Eliz 2
No. 4 s 25; 1988 No. 88 s 5 sch 2; 1990 No. 101 s 23
om
2008 No. 55 s 26 Offences at elections when voting is by
post s 116 om 2008 No. 55 s 26
False
claims s 117 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 26 Bargaining for offices in public
service s 118 amd 1988 No. 88 s 5 sch 2; 1999 No. 66
s 6 sch Definitions for ch 16 s 119
sub
2002 No. 23 s 9 Meaning of family
s
119A ins 2002 No. 23 s 9 amd 2002 No. 74 s
90 sch; 2013 No. 39 s 111 sch 4 Retaliation
against or intimidation of judicial officer, juror, witness
etc. prov hdg amd 2007 No. 59 s
69(1); 2009 No. 53 s 148(1) s 119B
ins
2002 No. 23 s 9 amd 2007 No. 59 s 69(2)–(5); 2009 No. 34 s
45(1) sch pt 1 amdt 12; 2009 No. 53 s
148(2)–(6) Judicial corruption s 120
amd
R1 (see RA s 39); 1999 No. 66 s 6 sch; 2002 No. 23 s 10
Official corruption not judicial but relating
to offences s 121 amd 1988 No. 88 s 5 sch 2; 1999 No. 66
s 6 sch Corruption of jurors prov hdg
sub
2002 No. 23 s 11(1) s 122 amd 1988 No. 88 s 5 sch 2; 2002 No. 23
s 11(2)–(4) Perjury—contradictory statements
s
123A ins 1997 No. 3 s 17 Punishment of
perjury s 124 amd 1922 13 Geo 5 No. 2 s 3(viii);
1988 No. 88 s 5 sch 2 Fabricating evidence
s
126 amd 1988 No. 88 s 5 sch 2
Current as at 27 November 2013
Page
505
Criminal Code Act 1899 Endnotes
Corruption of witnesses s 127
amd
1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch Deceiving
witnesses s 128 amd 1988 No. 88 s 5 sch 2
Damaging evidence with intent
s
129 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 27 Preventing witnesses from attending
s
130 amd 2008 No. 55 s 28 Conspiracy to
bring false accusation s 131 amd 1922 13 Geo 5
No. 2 s 3(ix); 1986 No. 1 s 10; 1988 No. 88 s 5 sch 2
Conspiring to defeat justice
s
132 amd 1986 No. 1 s 11; 1988 No. 88 s 5 sch
2 Compounding an indictable offence
prov
hdg amd 2008 No. 55 s 29(1) s 133
amd
1922 13 Geo 5 No. 2 s 3(x); 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6
sch; 2008 No. 55 s 29(2)–(4) Compounding penal
actions s 134 om 2008 No. 55 s 30
Advertising a reward for the return of stolen
property etc. s 135 om 2008 No. 55 s 31
Justices exercising jurisdiction in a matter
of personal interest s 136 sub 2008 No. 55 s
32 Delay to take person arrested before
magistrate s 137 amd 2000 No. 5 s 373 sch 2; 2008 No.
55 s 33 Bringing fictitious action on penal
statute s 138 om 2008 No. 55 s 34
Inserting advertisement without authority of
court s 139 amd 1988 No. 88 s 5 sch 2
Attempting to pervert justice
s
140 amd 1988 No. 88 s 5 sch 2
sub
2003 No. 77 s 45 CHAPTER 17—ESCAPES—OBSTRUCTING OFFICERS OF
COURTS ch hdg amd 1992 No. 25 s
3 Aiding persons to escape from lawful
custody s 141 amd 1922 13 Geo 5 No. 2 s 3(xi); 1971
No. 41 s 7; 1988 No. 88 s 5 sch 2 sub 1992 No 25 s
4 Page 506 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Escape by persons in lawful custody
s
142 amd 1988 No. 88 s 5 sch 2
sub
1992 No. 25 s 4 Permitting escape s 143
amd
1988 No. 88 s 5 sch 2 sub 1992 No. 25 s 4
Harbouring escaped prisoners etc.
s
144 amd 1988 No. 88 s 5 sch 2
sub
1992 No. 25 s 4 Sentence does not run while prisoner at
large s 145 sub 1992 No. 25 s 4
om
1992 No. 48 s 207 sch Sections 141 to 144 do not apply to
certain types of custody prov hdg amd 2000 No. 46 s
3 sch s 145A ins 1992 No. 25 s
4 amd 1999 No. 10 s 205 sch 3; 2000 No. 16 s
590 sch 1 pt 2; 2000 No. 46 s 3 sch; 2000 No. 63
s 276 sch 2; 2002 No. 23 s 3 sch; 2006 No. 29 s 518 sch
3;
2011 No. 13 s 172 Evidence of lawful custody
s
145B ins 1992 No. 25 s 4 amd 1999 No. 9 s
3 sch Summary proceedings s 145C
ins
1992 No. 25 s 4 om 1997 No. 3 s 120 sch 1
Rescuing patients under Mental Health Act
1974 s 146 amd 1988 No. 88 s 5 sch 2
om
2000 No. 16 s 590 sch 1 pt 2 Removing etc.
property under lawful seizure s 147
amd
1988 No. 88 s 5 sch 2 Obstructing officers of courts of
justice s 148 amd 1988 No. 88 s 5 sch 2; 1997 No. 3
s 18; 2008 No. 55 s 35 CHAPTER 18—OFFENCES RELATING TO THE
COIN ch hdg om 1997 No. 3 s
120 sch 1 Definitions s 149
om
1997 No. 3 s 120 sch 1 Counterfeiting gold and silver
coin s 150 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Preparation for coining gold and silver
coin s 151 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Current as at 27 November 2013
Page
507
Criminal Code Act 1899 Endnotes
Clipping s 152
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
Possession of clippings s 153
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
Uttering counterfeit gold or silver
coin s 154 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Repeated uttering of counterfeit
current gold or silver coin, or possession of several
such
coins s 155 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Offences after previous
conviction s 156 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Counterfeiting copper coin
s
157 amd 1900 64 Vic No. 7 s 1 sch; R1 (see RA s
39) om 1997 No. 3 s 120 sch 1
Uttering base copper coin s 158
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
Defacing coin by stamping words
thereon s 159 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Uttering foreign coin, medals etc. as
current coin with intent to defraud s 160
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
Exporting counterfeit coin
s
161 amd R1 (see RA s 39) om 1997 No. 3 s
120 sch 1 Having possession of more than 5 pieces of
counterfeit foreign coin s 162 amd R1 (see RA s
39) om 1997 No. 3 s 120 sch 1
Tender of defaced coin not legal
tender—penalty for uttering s 163
om
1997 No. 3 s 120 sch 1 CHAPTER 19—OFFENCES RELATING TO POSTS
AND TELEGRAPHS ch hdg om 1997 No. 3 s
120 sch 1 Stopping mails s 164
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
Page
508 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Intercepting things sent by post or
telegraph s 165 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Tampering with things sent by post or
telegraph s 166 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Wilful misdelivery of things sent by
post or telegraph s 167 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Obtaining letters by false
pretences s 168 om 1997 No. 3 s 120 sch 1
Secreting letters s 169
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
Fraudulent issue of money orders and postal
notes s 170 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Fraudulent messages respecting money
orders s 171 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Sending dangerous or obscene things by
post s 172 amd R1 (see RA s 39)
om
1997 No. 3 s 120 sch 1 Retarding delivery of mails etc.
s
173 om 1997 No. 3 s 120 sch 1
Obstructing mails s 174
om
1997 No. 3 s 120 sch 1 Penalty on mail-coach driver or guards
loitering s 175 om 1997 No. 3 s 120 sch 1
Fraudulently removing stamps
s
176 amd R1 (see RA s 39) om 1997 No. 3 s
120 sch 1 Fraudulent evasion of postal laws
s
177 om 1997 No. 3 s 120 sch 1
Carrying letters otherwise than by
post s 178 om 1997 No. 3 s 120 sch 1
Illegally making postal envelopes or setting
up post office or office for sale of stamps or obstructing
post office s 179 om 1997 No. 3 s 120 sch 1
Current as at 27 November 2013
Page
509
Criminal Code Act 1899 Endnotes
Destroying or damaging letter
receivers s 180 om 1997 No. 3 s 120 sch 1
Placing injurious substances in or against
letter boxes s 181 om 1997 No. 3 s 120 sch 1
Obstructing post and telegraph offices
s
182 om 1997 No. 3 s 120 sch 1
Obstructing post and telegraph officers in
the execution of duty etc. s 183 om 1997 No. 3 s
120 sch 1 Interference with telegraphs
s
184 amd R1 (see RA s 39) om 1997 No. 3 s
120 sch 1 Attempt to injure telegraphs
s
185 om 1997 No. 3 s 120 sch 1
Negligently injuring telegraphs
s
186 om 1997 No. 3 s 120 sch 1
Violation of secrecy s 187
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
Making charges for use of telegraph line
without authority s 188 om 1997 No. 3 s 120 sch 1
Erection or maintenance of telegraph lines
without authority s 189 om 1997 No. 3 s 120 sch 1
Obstructing possession of post and telegraph
officers etc. s 190 om 1997 No. 3 s 120 sch 1
Resisting officers s 191
amd
R1 (see RA s 39) om 1997 No. 3 s 120 sch 1
False
Declaration as to Execution of Sentence of Death
s
192 om 1922 13 Geo 5 No. 2 s 3(xii)
False
verified statements s 193 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 36 False declarations s 194
amd
1988 No. 88 s 5 sch 2 sub 1997 No. 3 s 19
Contradictory statements—false statements or
declarations s 195A ins 1997 No. 3 s
20 Page 510 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Shooting at customs boats or officers
s
196 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Resisting officers engaged in
preventing smuggling s 197 amd 1988 No. 88 s
5 sch 2 om 1997 No. 3 s 120 sch 1
Resisting customs officers
s
198 om 1997 No. 3 s 120 sch 1
Resisting public officers s 199
amd
1988 No. 88 s 5 sch 2 Neglect of officers to suppress
riot s 201 om 2008 No. 55 s 37
Neglect to aid in suppressing riot
s
202 om 2008 No. 55 s 37 Neglect to aid in
arresting offenders s 203 om 2008 No. 55 s 37
Offering violence to officiating ministers of
religion s 206 amd 1988 No. 88 s 5 sch 2
Definitions for this chapter
s
207A ins 2005 No. 9 s 5 def
child exploitation material
amd
2013 No. 14 s 13 def law enforcement agency
ins
2005 No. 70 s 54 om 2009 No. 53 s 149 def
law
enforcement officer ins 2005 No. 70 s 54 om 2009 No. 53 s
149 def observe ins 2005 No. 70 s
54 def private act ins 2005 No. 70 s
54 def private place ins 2005 No. 70 s
54 def state of undress ins 2005 No. 70 s
54 def visually record ins 2005 No. 70 s
54 Unlawful sodomy s 208
amd
1988 No. 88 s 5 sch 2; 1989 No. 17 s 10 sub 1990 No. 93 s
5; 1997 No. 3 s 21 amd 1997 No. 82 s 3 sch; 2008 No. 55 s 38;
2013 No. 14 s 14 Attempted sodomy prov hdg
sub
1997 No. 3 s 22(1) s 209 amd 1988 No. 88 s 5 sch 2; 1989 No. 17
s 11 sub 1990 No. 93 s 6 amd 1997 No. 3 s
22(2)–(3) om 2008 No. 55 s 39 Current as at 27
November 2013 Page 511
Criminal Code Act 1899 Endnotes
Indecent treatment of children under
16 prov hdg amd 1975 No. 27 s
6(a) s 210 amd 1975 No. 27 s 6(b)–(d); 1988 No.
88 s 5 sch 2 sub 1989 No. 17 s 12 amd 1997 No. 3 s
23; 2003 No. 3 s 15; 2005 No. 70 s 166 sch; 2013 No. 14 s
15 Bestiality prov hdg
sub
1997 No. 3 s 24(1) s 211 amd 1943 7 Geo 6 No. 14 s 3; 1988 No.
88 s 5 sch 2 sub 1990 No. 93 s 7 amd 1997 No. 3 s
24(2) Defilement of Girls under Twelve
s
212 amd 1943 7 Geo 6 No. 14 s 4; 1945 9 Geo 6
No. 11 s 4; 1977 No. 47 s 3(7) sch 1 pt G
sub
1986 No. 1 s 12; 1988 No. 88 s 5 sch 2 om 1989 No. 17 s
13 Owner etc. permitting abuse of children on
premises prov hdg sub 1997 No. 3 s
25(1) s 213 amd 1913 4 Geo 5 No. 25 s 2(i); 1976
No. 25 s 19 sch; 1977 No. 47 s 3(7) sch 1 pt G; 1986 No.
1 s 13; 1988 No. 88 s 5 sch 2 sub 1989 No. 17 s
13 amd 1990 No. 93 s 8; 1997 No. 3 s 25(2)–(6);
2010 No. 2 s 89 sch 1 Attempt to Abuse Girls under Ten
s
214 amd 1977 No. 47 s 3(7) sch 1 pt G; 1986 No.
1 s 14; 1988 No. 5 sch 2 om 1989 No. 17 s 14
Carnal knowledge with or of children under
16 prov hdg amd 1913 4 Geo 5
No. 25 s 2(ii); 1976 No. 25 s 19 sch; 2000 No. 43 s 17(1)
s
215 amd 1913 4 Geo 5 No. 25 s 2(ii); 1945 9 Geo
6 No. 11 s 5; 1976 No. 25 s 19 sch; 1977 No. 47
s 3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2 sub 1989 No. 17 s
14 amd 1997 No. 3 s 26; 2000 No. 43 s
17(2)–(5); 2013 No. 14 s 16 Abuse of persons
with an impairment of the mind prov hdg
amd
1913 4 Geo 5 No. 25 s 2(iii); 1976 No. 25 s 19 sch; 2008 No. 55 s
40(1) s 216 amd 1913 4 Geo 5 No. 25 s 2(iii); 1945
9 Geo 6 No. 11 s 6; 1975 No. 27 s 41 sch; 1976 No. 25
s 19 sch; 1977 No. 47 s 3(7) sch 1 pt G; 1986 No. 1 s 15;
1988
No. 88 s 5 sch 2 sub 1989 No. 17 s 14 amd 1990 No. 93 s
9; 1992 No. 65 s 7; 1997 No. 3 s 27; 2005 No. 70 s 166
sch;
2008 No. 55 s 40(2)–(3); 2013 No. 14 s 17 Procuring young
person etc. for carnal knowledge s 217
amd
1974 No. 57 s 8 sch; 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88 s 5
sch 2 sub 1989 No. 17 s 15; 1992 No. 65 s 8
amd
1997 No. 3 s 28; 2008 No. 55 s 41 Page 512
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Procuring sexual acts by coercion etc.
s
218 amd 1977 No. 47 s 3(7) sch 1 pt G; 1988 No.
88 s 5 sch 2; 1989 No. 17 s 16 sub 1992 No. 65 s
9 amd 1997 No. 3 s 29; 1999 No. 73 s 172; 2003
No. 3 s 16 Using internet etc. to procure children under
16 s 218A ins 2003 No. 3 s
17 amd 2013 No. 14 s 18 Grooming children
under 16 s 218B ins 2013 No. 14 s
19 Taking child for immoral purposes
prov
hdg amd 1997 No. 3 s 30(1) s 219
amd
1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2
sub
1989 No. 17 s 17 amd 1990 No. 93 s 10; 1997 No. 3 s
30(2)–(5); 2000 No. 46 s 3 sch; 2002 No. 74 s 90 sch; 2010
No. 2 s 89 sch 1 Unlawful Detention with Intent to Defile or
in a Brothel s 220 amd 1977 No. 47 s 3(7) sch 1 pt G;
1988 No. 88 s 5 sch 2 om 1989 No. 17 s 18
Conspiracy to defile s 221
amd
1986 No. 1 s 16; 1988 No. 88 s 5 sch 2 sub 1997 No. 3 s
31 Incest s 222
amd
1943 7 Geo 6 No. 14 s 5; 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88
s 5 sch 2; 1989 No. 17 s 19 sub 1997 No. 3 s
32 amd 2010 No. 2 s 90; 2013 No. 14 s 20
Incest by adult female s 223
amd
1943 7 Geo 6 No. 14 s 6; 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88
s 5 sch 2 om 1997 No. 3 s
120 sch 1 Attempts to procure abortion
s
224 amd 1988 No. 88 s 5 sch 2
The
like by women with child s 225 amd 1988 No. 88 s
5 sch 2 Supplying drugs or instruments to procure
abortion s 226 amd 1988 No. 88 s 5 sch 2
Indecent acts s 227
amd
1943 7 Geo 6 No. 14 s 7; 1988 No. 88 s 5 sch 2; 1999 No. 73 s
173 Observations or recordings in breach of
privacy s 227A ins 2005 No. 70 s
55 Current as at 27 November 2013
Page
513
Criminal Code Act 1899 Endnotes
Distributing prohibited visual
recordings s 227B ins 2005 No. 70 s
55 Persons who are not criminally responsible
for offences against ss 227A and 227B s 227C
ins
2005 No. 70 s 55 amd 2006 No. 29 s 518 sch 3; 2007 No. 37 s
42 sch; 2009 No. 34 s 45(1) sch pt 1 amdt 12;
2011 No. 13 s 173; 2013 No. 29 s 59H Obscene
publications and exhibitions s 228
amd
1988 No. 88 s 5 sch 2; 1989 No. 17 s 20; 2000 No. 43 s 18
Involving child in making child exploitation
material s 228A ins 2005 No. 9 s
6 amd 2013 No. 14 s 21 Making child
exploitation material s 228B ins 2005 No. 9 s
6 amd 2013 No. 14 s 22 Distributing
child exploitation material s 228C
ins
2005 No. 9 s 6 amd 2013 No. 14 s 23 Possessing child
exploitation material s 228D ins 2005 No. 9 s
6 amd 2013 No. 14 s 24 Defences for ss
228A–228D s 228E ins 2005 No. 9 s
6 amd 2005 No. 24 s 39; 2010 No. 2 s 89 sch 1;
2013 No. 3 s 43 Excluding non-essential persons
from court
when child
exploitation material
displayed s 228F
ins
2005 No. 9 s 6 Forfeiture of child exploitation material
etc. s 228G ins 2005 No. 9 s
6 amd 2008 No. 55 s 42; 2013 No. 14 s
25 Possession etc. of child exploitation
material by law enforcement officer s 228H
ins
2005 No. 9 s 6 amd 2005 No. 70 s 56; 2005 No. 45 s 74 sch
4; 2007 No. 37 s 42 sch Knowledge of age immaterial
s
229 amd 1989 No. 17 s 21 Indictable
offences against morality that may be dealt with summarily
s
229A ins 1975 No. 27 s 7 amd 1976 No. 25 s
19 sch; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 22 om 1997 No. 3 s
120 sch 1 Page 514 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Maintaining a sexual relationship with a
child prov hdg amd 1997 No. 3 s
33(1) s 229B ins 1989 No. 17 s
23 amd 1997 No. 3 s 33(2)–(13)
sub
2003 No. 3 s 18 amd 2008 No. 55 s 43 CHAPTER
22A—PROSTITUTION ch hdg ins 1992 No. 65 s
10 Definitions for ch 22A prov hdg
sub
2010 No. 29 s 14(1) s 229C ins 1992 No. 65 s
10 def carry on a business
ins
2010 No. 29 s 14(2) def prostitution ins 2010 No. 29 s
14(2) def unlawful prostitution
ins
2010 No. 29 s 14(2) Meaning of sexual
intercourse for ch 22A s 229D
ins
1992 No. 65 s 10 sub 1999 No. 73 s 174 Meaning of
prostitution s 229E
ins
1992 No. 65 s 10 sub 1999 No. 73 s 174 amd 2008 No. 55 s
44 Meaning of carry on a
business s 229F prev s 229F ins
1992 No. 65 s 10 om 2008 No. 55 s 45 pres s 229F ins
2010 No. 29 s 15 Obtaining prostitution from person who is not
an adult s 229FA ins 2010 No. 29 s
15 Procuring engagement in prostitution
prov
hdg sub 2010 No. 29 s 15A s 229G
ins
1992 No. 65 s 10 amd 1997 No. 3 s 34; 1999 No. 73 s 175; 2008
No. 55 s 46 Knowingly participating in provision of
prostitution s 229H ins 1992 No. 65 s
10 amd 1999 No. 73 s 176; 2007 No. 15 s 37 sch;
2008 No. 55 s 47; 2010 No. 29 s
16(1)–(10) (3)–(6) reloc and renum as s 229HA(2)–(5)
2010 No. 29 s 16(11) When section 229H does not apply to a
person s 229HA ins 2010 No. 29 s
17 (2)–(5) (prev s 229H(3)–(6)) reloc and renum
2010 No. 29 s 16(11) Carrying on business of providing
unlawful prostitution s 229HB ins 2010 No. 29 s
17 Current as at 27 November 2013
Page
515
Criminal Code Act 1899 Endnotes
Persons engaging in or obtaining prostitution
through unlawful prostitution business s 229HC
ins
2010 No. 29 s 17 Persons found in places reasonably suspected
of being used for prostitution etc. s 229I
ins
1992 No. 65 s 10 amd 1999 No. 73 s 177; 2008 No. 55 s
48 Certificate of discharge for particular
offences prov hdg sub 2010 No. 29 s
18(1) s 229J ins 1992 No. 65 s
10 amd 2010 No. 29 s 18(2)–(5)
Having an interest in premises used for
prostitution etc. prov hdg amd 2008 No. 55 s
49(1) s 229K ins 1992 No. 65 s
10 amd 1999 No. 73 s 178; 2008 No. 55 s
49(2) Permitting young person etc. to be at place
used for prostitution s 229L ins 1992 No. 65 s
10 amd 2008 No. 55 s 50 Evidence that
business of prostitution is being carried on s 229M
prev
s 229M ins 1992 No. 65 s 10 om 2000 No. 5 s 461 sch 3
pres
s 229M ins 2010 No. 26 s 19 Evidence that
place is being used for prostitution s 229N
ins
1992 No. 65 s 10 Non-compellability of health service
providers s 229O ins 1992 No. 65 s
10 amd 2006 No. 25 s 241(1) sch 3
Summary proceedings s 229P
ins
1992 No. 65 s 10 om 1997 No. 3 s 120 sch 1
Definitions for ch 23 s 230A
ins
2005 No. 70 s 57 Bawdy Houses s 231
amd
1988 No. 88 s 5 sch 2 om 1992 No. 65 s 11
Operating a place for unlawful games
s
232 amd 1988 No. 88 s 5 sch 2
sub
2005 No. 70 s 58 Possession of thing used to play an unlawful
game s 233 amd 1961 10 Eliz 2 No. 11 s 4; 1988
No. 88 s 5 sch 2; 1997 No. 3 s 35 sub 2005 No. 70 s
58 Page 516 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Conducting or playing unlawful games
s
234 amd 1930 21 Geo 5 No. 11 s 3; 1988 No. 88 s
5 sch 2 sub 2005 No. 70 s 58 Acting as keeper
of gaming houses, betting houses, and lotteries prov hdg
amd
1992 No. 65 s 12(1) s 235 amd 1992 No. 65 s 12(2)
om
2005 No. 70 s 58 Misconduct with regard to corpses
s
236 amd 1988 No. 88 s 5 sch 2
False
information as to health of foreign ships s 237
amd
1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1
Contamination of goods s 238
amd
1988 No. 88 s 5 sch 2 sub 1997 No. 9 s 22
Hoax
contamination of goods s 239 amd 1988 No. 88 s
5 sch 2 sub 1997 No. 9 s 22 Dealing in
contaminated goods s 240 amd 1988 No. 88 s 5 sch 2
sub
1997 No. 9 s 22 Definitions for ch 24 s 241
sub
1997 No. 9 s 22 CHAPTER 25—MISCELLANEOUS OFFENCES
ch
hdg om 2008 No. 55 s 51 Frauds on land
laws s 242 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 51 Dealing with land fraudulently acquired from
the Crown s 243 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 51 Fraudulent destruction or removal of goods
liable to duty s 244 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 PART 5—OFFENCES AGAINST
THE PERSON AND
RELATING TO
MARRIAGE AND PARENTAL RIGHTS AND
DUTIES pt hdg amd 2002 No. 23 s
3 sch Definition of assault
s
245 amd 1946 11 Geo 6 No. 6 s 5; 1989 No. 17 s
24 Duty of persons arresting s 255
amd
2000 No. 5 s 373 sch 2 Current as at 27 November 2013
Page
517
Criminal Code Act 1899 Endnotes
Police officer preventing escape from
arrest s 256 amd 1922 13 Geo 5 No. 2 s
3(xiii) om 2000 No. 5 s 373 sch 2
Preventing escape or rescue after
arrest s 258 amd 2000 No. 5 s 461 sch 3
Examination of person of accused persons in
custody s 259 sub 1989 No. 17 s 25
amd
1997 No. 9 s 23 om 2000 No. 5 s 373 sch 2
Preventing a breach of the peace
s
260 amd 2000 No. 5 s 373 sch 2; 2000 No. 5 s 461
sch 3 Suppression of riot by magistrates
prov
hdg amd 2000 No. 5 s 373 sch 2
s
262 amd 2000 No. 5 s 373 sch 2
Prevention of crimes and offences for which
an offender may be arrested without warrant—prevention of violence by particular
persons prov hdg amd 2000 No. 16 s
590 sch 1 pt 2; 2011 No. 13 s 174(1) s 266
amd
2000 No. 16 s 590 sch 1 pt 2; 2011 No. 13 s 174(2)
Defence of dwelling s 267
sub
1997 No. 3 s 36 Provocation s 268
Note—‘In this section—’ as appearing in all
reprints from reprint 1 to reprint 6 was substituted
for ‘The term’ under the Reprints Act 1992 . The
editing was reversed in reprint 7.
Defence of moveable property against
trespassers s 274 amd 1997 No. 3 s 37
Defence of moveable property with claim of
right s 275 amd 1997 No. 3 s 38
Defence of moveable property without claim of
right s 276 amd 1997 No. 3 s 39
Defence of premises against
trespassers—removal of disorderly persons s 277
amd
1997 No. 3 s 40 Defence of possession of real property or
vessel with claim of right s 278 amd 1997 No. 3 s
41 Exercise of right of way or easement
s
279 amd 1997 No. 3 s 42 Domestic
discipline s 280 amd 1997 No. 3 s 43
Page
518 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Discipline of vehicle prov hdg
amd
1997 No. 3 s 44(1) s 281 sub 1964 No. 14 s 3
amd
1997 No. 3 s 44(2)–(4) Surgical operations and medical
treatment s 282 sub 2009 No. 33 s 3
amd
2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)
Palliative care s 282A
ins
2003 No. 15 s 4 Duty of person who has care of child
s
286 amd 1989 No. 17 s 26 sub 1997 No. 3 s
45 Duty of masters s 287
om
2000 No. 23 s 293 sch 2 Limitation as to Time of Death
s
299 om 1992 No. 48 s 207 sch Unlawful
homicide s 300 amd 1971 No. 41 s 7
Definition of Wilful Murder
s
301 om 1971 No. 41 s 5 Definition
of murder s 302
amd
1971 No. 41 s 6 Definition of manslaughter s 303
amd
1971 No. 41 s 7 Killing on provocation s 304
amd
1971 No. 41 s 7; 2011 No. 7 s 5; 2012 No. 5 s 217
Diminished responsibility s 304A
ins
1961 10 Eliz 2 No. 11 s 5 amd 1971 No. 41 s 7
Killing for preservation in an abusive
domestic relationship prov hdg amd 2011 No. 7 s
6(1) s 304B ins 2010 No. 1 s
3 amd 2011 No. 7 s 6(2)–(4); 2012 No. 5 s
218 Punishment of murder s 305
amd
1922 13 Geo 5 No. 2 s 3(xiv); 1971 No. 41 s 7; 1988 No. 88 s 5 sch
2; 1992 No. 48 s 207 sch; 1997 No. 4 s 19; 2000
No. 63 s 276 sch 2; 2006 No. 29 s 518 sch 3;
2012 No. 19 s 3 Attempt to murder s 306
amd
1986 No. 1 s 17; 1988 No. 88 s 5 sch 2 Current as at 27
November 2013 Page 519
Criminal Code Act 1899 Endnotes
Accessory after the fact to murder
s
307 amd 1971 No. 41 s 7; 1988 No. 88 s 5 sch
2 Threats to murder in document
prov
hdg sub 1997 No. 3 s 46(1) s 308
amd
1986 No. 1 s 18; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 46(2)
Conspiring to murder s 309
amd
1988 No. 88 s 5 sch 2 Punishment of manslaughter
s
310 amd 1988 No. 88 s 5 sch 2
Aiding suicide s 311
amd
1988 No. 88 s 5 sch 2 Attempting to Commit Suicide
s
312 om 1979 No. 2 s 4 Killing unborn
child s 313 amd 1988 No. 88 s 5 sch 2; 1997 No. 3
s 47 Concealing the birth of children
s
314 amd 1988 No. 88 s 5 sch 2
Disabling in order to commit indictable
offence s 315 amd 1986 No. 1 s 19; 1988 No. 88 s 5
sch 2 Stupefying in order to commit indictable
offence s 316 amd 1988 No. 88 s 5 sch 2
Unlawful drink spiking s 316A
ins
2006 No. 45 s 4 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012
No. 9 s 47) Acts intended to cause grievous bodily harm
and other malicious acts prov hdg amd 1997 No. 3 s
48(1) s 317 amd 1900 64 Vic No. 7 s 1 sch; 1986
No. 1 s 20; 1988 No. 88 s 5 sch 2; 1997 No. 3 s
48(2)–(3) Carrying or sending dangerous goods in a
vehicle prov hdg sub 1997 No. 3 s
49(1) s 317A ins 1964 No. 14 s
4 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s
49(2)–(6); 2008 No. 55 s 52 Obstructing
rescue or escape from unsafe premises s 318
amd
1986 No. 1 s 21; 1988 No. 88 s 5 sch 2 sub 1997 No. 3 s
50 Endangering the safety of a person in a
vehicle with intent s 319 amd 1986 No. 1 s 22; 1988 No. 88 s 5
sch 2 sub 2008 No. 55 s 53 Page 520
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Endangering safety of persons travelling by
aircraft s 319A ins 1964 No. 14 s
5 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 53 Grievous bodily harm s 320
amd
1975 No. 27 s 41 sch; 1988 No. 88 s 5 sch 2; 2013 No. 45 s 45; 2013
No. 56 s 104 Torture
s
320A ins 1997 No. 3 s 51 Attempting to
injure by explosive or noxious substances prov hdg
amd
1997 No. 3 s 52(1) s 321 amd 1986 No. 1 s 23; 1988 No. 88 s 5
sch 2; 1997 No. 3 s 52(2) Bomb hoaxes s 321A
ins
1997 No. 3 s 53 Administering poison with intent to
harm s 322 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 54 Wounding s 323
amd
1943 7 Geo 6 No. 14 s 8; 1975 No. 27 s 41 sch; 1988 No. 88 s 5 sch
2 sub 2008 No. 55 s 54 Female genital
mutilation s 323A ins 2000 No. 43 s
19 Removal of child from State for female
genital mutilation s 323B ins 2000 No. 43 s
19 Failure to supply necessaries
s
324 amd 1988 No. 88 s 5 sch 2
Endangering life or health of apprentices or
servants s 325 amd 1988 No. 88 s 5 sch 2
om
2000 No. 23 s 293 sch 2 Endangering life of children by
exposure s 326 amd 1988 No. 88 s 5 sch 2; 1997 No. 3
s 54; 2008 No. 55 s 55 Setting mantraps s 327
amd
1988 No. 88 s 5 sch 2 Negligent acts causing harm
s
328 amd 1948 12 Geo 6 No. 48 s 6; 1988 No. 88 s
5 sch 2 Dangerous operation of a vehicle
prov
hdg sub 1997 No. 3 s 55(1) s 328A
ins
1943 7 Geo 6 No. 14 s 9 amd 1948 12 Geo 6 No. 48 s 7
sub
1961 10 Eliz 2 No. 11 s 6 Current as at 27 November 2013
Page
521
Criminal Code Act 1899 Endnotes
amd
1964 No. 14 s 6; 1975 No. 27 s 41 sch; 1982 No. 59 s 2; 1988 No. 88
s 5 sch 2; 1989 No. 17 s 27; 1997 No. 3 s
55(2)–(9); 1999 No. 42 s 54(3) sch; 2003 No. 92 s
22B; 2007 No. 14 s 4; 2007 No. 6 s 2B; 2011 No. 12 s 10
Additional power to convict for dangerous
driving s 328B ins 1943 7 Geo 6
No. 14 s 9 sub 1948 12 Geo 6 No. 48 s 8; 1961 10 Eliz 2
No. 11 s 7 amd 1964 No. 14 s 7 Cancellation of
driver’s license to operate motor vehicle s 328C
ins
1943 7 Geo 6 No. 14 s 9 sub 1948 12 Geo 6 No. 48 s 9
amd
1961 10 Eliz 2 No. 11 s 8 om 1992 No. 48 s 207 sch
Endangering safety of persons travelling by
railway s 329 amd 1988 No. 88 s 5 sch 2
Sending or taking unseaworthy ships to
sea s 330 amd 1988 No. 88 s 5 sch 2
Endangering steamships by tampering with
machinery s 331 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 56 The like by engineers s 332
om
2008 No. 55 s 56 Evading laws as to equipment of ships
prov
hdg amd 2008 No. 55 s 57(1) s 333
amd
1988 No. 88 s 5 sch 2; 2008 No. 55 s 57(2)–(4) Landing
explosives s 334 amd 1988 No. 88 s 5 sch 2; 1997 No. 82
s 3 sch; 2008 No. 55 s 58 Common assault s 335
amd
1988 No. 88 s 5 sch 2; 1997 No. 3 s 56 Sexual
assaults prov hdg amd 1997 No. 3 s
58(1) s 337 amd 1975 No. 27 s 41 sch; 1988 No. 88
s 5 sch 2 sub 1989 No. 17 s 28 amd 1990 No. 93 s
13; 1997 No. 3 s 58(2)–(6) om 2000 No. 43 s 21
Assaults on persons protecting wrecks
s
338 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 59 Assaults of member of crew on aircraft
s
338A ins 1964 No. 14 s 8 amd 1988 No. 88 s
5 sch 2; 2008 No. 55 s 60 Page 522 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Assaults occasioning bodily harm
s
339 amd 1943 7 Geo 6 No. 14 s 10; 1986 No. 1 s
24; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 59
Serious assaults s 340
amd
1988 No. 88 s 5 sch 2; 1997 No. 3 s 60; 2005 No. 70 s 59; 2006 No.
26 s 89; 2006 No. 29 s 518 sch 3; 2008 No. 55 s
61; 2009 No. 4 s 124(2) sch 3; 2008 No. 67 s
233; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47);
2012
No. 19 s 4; 2013 No. 45 s 46; 2013 No. 56 s 105 CHAPTER
31—ASSAULTS PUNISHABLE ON SUMMARY CONVICTION ch hdg
om
1997 No. 3 s 120 sch 1 Jurisdiction of justices
s
341 om 1997 No. 3 s 120 sch 1
Some
assaults not to be so dealt with s 342
om
1997 No. 3 s 120 sch 1 Common assaults s 343
amd
1943 7 Geo 6 No. 14 s 11; 1961 10 Eliz 2 No. 11 s 9; 1975 No. 27 s
41 sch; 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 (amd 1997 No. 9 s 31A) Assaults
occasioning bodily harm s 343A ins 1975 No. 27 s
8 amd 1976 No. 25 ss 4, 19 sch; 1988 No. 88 s
5 sch 2 om 1997 No. 3 s 120 sch 1
Aggravated assaults s 344
amd
1943 7 Geo 6 No. 14 s 12; 1946 11 Geo 6 No. 6 s 6; 1961 10 Eliz 2
No. 11 s 10; 1975 No. 27 s 9; 1988 No. 88 s 5
sch 2; 1989 No. 17 s 29 om 1997 No. 3 s 120 sch 1
Effect of Summary Conviction or
Dismissal s 345 amd 1975 No. 27 s 10
om
1989 No. 17 s 30 Assaults in interference with freedom of
trade or work s 346 amd 1988 No. 88 s 5 sch 2; 1997 No. 3
s 61 CHAPTER 32—RAPE AND SEXUAL ASSAULTS
ch
hdg sub 2000 No. 43 s 22 Definitions for
ch 32 prov hdg sub 1997 No. 3 s
62(1) s 347 amd 1900 64 Vic No. 7 s 1 sch
sub
1989 No. 17 s 31 amd 1997 No. 3 s 62(2)–(5) (amd 1997 No. 9 s
3 sch 1) sub 2000 No. 43 s 24 Meaning of
consent s 348
amd
1988 No. 88 s 5 sch 2 sub 2000 No. 43 s 24
Current as at 27 November 2013
Page
523
Criminal Code Act 1899 Endnotes
Rape s 349 ins 2000 No. 43 s
24 amd 2003 No. 55 s 11 Attempt to commit
rape s 350 orig s 350 amd 1975 No. 27 s 41 sch;
1988 No. 88 s 5 sch 2 om 1989 No. 17 s 32
pres
s 350 (prev s 349) amd 1943 7 Geo 6 No. 14 s 13; 1988 No. 88 s 5
sch 2 renum 2000 No. 43 s 23 Assault with
intent to commit rape prov hdg (prev s 336 hdg)
amd 1990 No. 93 s 11 sub 1997 No. 3 s 57(1) s 351
orig
s 351 amd 1974 No. 57 s 8 sch; 1988 No. 88 s 5 sch 2
om
2000 No. 43 s 25 pres s 351 (prev s 336) amd 1988 No. 88 s 5
sch 2; 1990 No. 93 s 12; 1997 No. 3 s 57(2)
reloc
and renum 2000 No. 43 s 20 Sexual assaults prov hdg
prev
prov hdg amd 1913 4 Geo 5 No. 25 s 2(iv) s 352
prev
s 352 amd 1913 4 Geo 5 No. 25 s 2(iv); 1988 No. 88 s 5 sch 2
om
1989 No. 17 s 32 pres s 352 ins 2000 No. 43 s 26
Rule
of Evidence s 353 om 1977 No. 47 s 3(7) sch 1 pt
G Kidnapping s 354
amd
1986 No. 1 s 25; 1988 No. 88 s 5 sch 2 sub 2000 No. 43 s
27 amd 2003 No. 55 s 12 Kidnapping for
ransom s 354A ins 1961 10 Eliz
2 No. 11 s 11 amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s 33;
2003 No. 55 s 12; 2008 No. 55 s 62
Deprivation of liberty s 355
amd
1988 No. 88 s 5 sch 2 False certificates by officers charged
with duties relating to liberty s 356
amd
1988 No. 88 s 5 sch 2 Unlawful custody of particular
persons prov hdg amd 2000 No. 16 s
590 sch 1 pt 2; 2011 No. 13 s 175(1) s 358
amd
2000 No. 16 s 590 sch 1 pt 2; 2011 No. 13 s 175(2)
Threats s 359
amd
1961 10 Eliz 2 No. 11 s 12; 1997 No. 9 s 24; 2008 No. 55 s 63; 2009
No. 53 s 150 Page 524
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
CHAPTER 33A—UNLAWFUL STALKING
ch
hdg ins 1999 No. 18 s 3 Definitions for
ch 33A s 359A ins 1993 No. 65 s
3 sub 1999 No. 18 s 3 def
property amd 2013 No. 39 s
111 sch 4 What is unlawful stalking s 359B
prev
s 359B ins 1993 No. 65 s 3 om 1997 No. 3 s 120 sch 1
pres
s 359B ins 1999 No. 18 s 3 What is immaterial for unlawful
stalking s 359C ins 1999 No. 18 s
3 Particular conduct that is not unlawful
stalking s 359D ins 1999 No. 18 s
3 Punishment of unlawful stalking
s
359E ins 1999 No. 18 s 3 amd 2009 No. 53 s
151 Court may restrain unlawful stalking
s
359F ins 1999 No. 18 s 3 Bigamy
s
360 amd 1943 7 Geo 6 No. 14 s 14; 1977 No. 47 s
3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2
Unlawful celebration of marriage
s
361 amd 1974 No. 57 s 8 sch Child-stealing s 363
amd
1946 10 Geo 6 No. 22 s 2; 1977 No. 47 s 3(7) sch 1 pt G; 1978 No.
30 s 14 sch; 1988 No. 88 s 5 sch 2; 1989 No. 17 s
34; 2010 No. 2 s 91 Abduction of child under 16
s
363A ins 1989 No. 17 s 35 amd 1999 No. 66 s
9 Cruelty to children under 16
s
364 amd 1989 No. 17 s 36 sub 1997 No. 3 s
63 amd 1999 No. 66 s 10 sub 2008 No. 55 s
64 Leaving a child under 12 unattended
s
364A ins 2008 No. 55 s 64 CHAPTER
35—CRIMINAL DEFAMATION ch hdg prev ch 35 hdg om
1995 No. 37 s 459(2) sch 3 pt 1 div 2 pres ch 35 hdg
ins 2005 No. 55 s 48 sch 4 Current as at 27 November 2013
Page
525
Criminal Code Act 1899 Endnotes
Criminal defamation s 365
prev
s 365 om 1995 No. 37 s 459(2) sch 3 pt 1 div 2 pres s 365 ins
2005 No. 55 s 48 sch 4 Definition of defamatory
matter s 366 reloc (as 1889 53 Vic No. 12 s 4) 1995
No. 37 s 459(2) sch 3 pt 1 div 2 Questions of fact
and law s 367 reloc (as 1889 53 Vic No. 12 s 18)
1995 No. 37 s 459(2) sch 3 pt 1 div 2 Definition of
defamation s 368 reloc (as 1889 53 Vic No. 12 s 5) 1995
No. 37 s 459(2) sch 3 pt 1 div 2 Publication s 369
reloc
(as 1889 53 Vic No. 12 s 6) 1995 No. 37 s 459(2) sch 3 pt 1 div
2 Publication of defamatory matter prima facie
unlawful s 370 reloc (as 1889 53 Vic No. 12 s 7) 1995
No. 37 s 459(2) sch 3 pt 1 div 2 Absolute
protection—privilege of Parliament s 371
amd
1995 No. 37 s 459(2) sch 3 pt 1 div 2 (amd 1995 No. 58 s 4 sch
1) reloc (as 1889 53 Vic No. 12 s 10A) 1995 No.
37 s 459(2) sch 3 pt 1 div 2 (amd 1995 No. 58
s 4 sch 1) Absolute protection—privileges of Judges,
witnesses and others in courts of justice s 372
amd
1995 No. 37 s 459(2) sch 3 pt 1 div 2 reloc (as 1889 53
Vic No. 12 s 11) 1995 No. 37 s 459(2) sch 3 pt 1 div 2
Absolute protection—reports of official
inquiries s 373 amd 1995 No. 37 s 459(2) sch 3 pt 1
div 2 reloc (as 1889 53 Vic No. 12 s 12) 1995 No.
37 s 459(2) sch 3 pt 1 div 2 Protection—reports of matters of public
interest s 374 amd 1995 No. 37 s 459(2) sch 3 pt 1
div 2 reloc (as 1889 53 Vic No. 12 s 13) 1995 No.
37 s 459(2) sch 3 pt 1 div 2 Protection—fair
comment s 375 amd 1995 No. 37 s 459(2) sch 3 pt 1
div 2 (amd 1995 No. 58 s 4 sch 1) reloc (as 1889 53
Vic No. 12 s 14) 1995 No. 37 s 459(2) sch 3 pt 1 div 2
Protection—truth s 376
reloc
(as 1889 53 Vic No. 12 s 15) 1995 No. 37 s 459(2) sch 3 pt 1 div
2 Qualified protection—excuse
s
377 reloc (as 1889 53 Vic No. 12 s 16) 1995 No.
37 s 459(2) sch 3 pt 1 div 2 Good faith
s
378 reloc (as 1889 53 Vic No. 12 s 17) 1995 No.
37 s 459(2) sch 3 pt 1 div 2 Relevancy and
public benefit questions of fact s 379
reloc
(as 1889 53 Vic No. 12 s 19) 1995 No. 37 s 459(2) sch 3 pt 1 div
2 Unlawful publication of defamatory
matter s 380 amd 1988 No. 88 s 5 sch 2; 1995 No. 37
s 459(2) sch 3 pt 1 div 2 reloc (as 1889 53 Vic No. 12 s 9) 1995
No. 37 s 459(2) sch 3 pt 1 div 2 Page 526
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Defamation of members of Parliament by
strangers s 381 amd 1988 No. 88 s 5 sch 2; 1995 No. 37
s 459(2) sch 3 pt 1 div 2 reloc (as 1889 53 Vic No. 12 s 10)
1995 No. 37 s 459(2) sch 3 pt 1 div 2 Defence in case
of defamation by words, sounds, signs, signals, or gestures
s
382 om 1995 No. 37 s 459(2) sch 3 pt 1 div
2 Publishing or threatening to publish
defamatory matter with intent to extort money s 383
amd
1988 No. 88 s 5 sch 2 om 1995 No. 37 s 459(2) sch 3 pt 1 div
2 Liability of proprietor, publisher, and
editor of periodicals s 384 reloc (as 1889 53
Vic No. 12 s 30) 1995 No. 37 s 459(2) sch 3 pt 1 div 2
Protection of innocent sellers of
periodicals s 385 reloc (as 1889 53 Vic No. 12 s 31)
1995 No. 37 s 459(2) sch 3 pt 1 div 2 Protection of
innocent sellers of books s 386 reloc (as 1889 53
Vic No. 12 s 32) 1995 No. 37 s 459(2) sch 3 pt 1 div 2
Protection of employers s 387
reloc
(as 1889 53 Vic No. 12 s 33) 1995 No. 37 s 459(2) sch 3 pt 1 div
2 Prosecution of newspapers to be by sanction
of a Judge after notice s 388 reloc (as 1889 53
Vic No. 12 s 34) 1995 No. 37 s 459(2) sch 3 pt 1 div 2
Summary jurisdiction in trivial cases of
defamation s 389 reloc (as 1889 53 Vic No. 12 s 35)
1995 No. 37 s 459(2) sch 3 pt 1 div 2 Things capable of
being stolen s 390 amd 1986 No. 1 s 26
sub
1997 No. 3 s 64 Definition of stealing
s
391 amd 1943 7 Geo 6 No. 14 s 15; 1989 No. 17 s
37 Special cases s 392
amd
2008 No. 55 s 65 Husband and wife s 397
om
2008 No. 55 s 66 Punishment of stealing s 398
amd
1961 10 Eliz 2 No. 11 s 13; 1964 No. 14 s 9; 1973 No. 88 s 5; 1986
No. 1 s 27; 1988 No. 88 s 5 sch 2; 1989 No. 17 s
38; 1997 No. 3 s 65; 2002 No. 23 s 12; 2008 No.
55 s 67 Fraudulent concealment of particular
documents s 399 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 68 Concealing wills s 400
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 68
Current as at 27 November 2013
Page
527
Criminal Code Act 1899 Endnotes
Concealing deeds s 401
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 68
Fraudulently dealing with minerals in
mines s 405 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 69 Fraudulent disposition of mortgaged
goods s 407 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 70 Fraudulent appropriation of power
s
408 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 70 Unlawful use or possession of motor vehicles,
aircraft or vessels prov hdg amd 2007 No. 37 s
42 sch s 408A ins 1957 6 Eliz 2
No. 1 s 2 amd 1961 10 Eliz 2 No. 11 s 14; 1964 No. 14
s 10 sub 1975 No. 27 s 11 amd 1988 No. 88 s
5 sch 2; 2005 No. 70 s 166 sch Indictable
offences relating to user or possession of motor vehicles, aircraft
or vessels that may be dealt with summarily
s
408B ins 1976 No. 25 s 5 amd 1988 No. 88 s
5 sch 2; 1992 No. 44 s 235 sch 3 om 1997 No. 3 s
120 sch 1 Fraud prov hdg
s
408C sub 1997 No. 3 s 66(1) ins 1979 No. 2 s
5 amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s 39;
1997 No. 3 s 66; 2008 No. 55 s 71
Obtaining or dealing with identification
information s 408D ins 2007 No. 14 s
6 amd 2010 No. 1 s 4; 2013 No. 45 s 47
Computer hacking and misuse
s
408E (prev s 408D) ins 1997 No. 3 s 67
renum
2007 No. 14 s 5 Loaded arms s 410
om
2008 No. 55 s 72 Punishment of robbery s 411
amd
1986 No. 1 s 28; 1988 No. 88 s 5 sch 2 Attempted
robbery prov hdg sub 1997 No. 3 s
68(1) s 412 amd 1986 No. 1 s 29; 1988 No. 88 s 5
sch 2; 1997 No. 3 s 68(2)–(3) Page 528
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Assault with intent to steal
s
413 amd 1988 No. 88 s 5 sch 2
Demanding property with menaces with intent
to steal s 414 amd 1988 No. 88 s 5 sch 2
Extortion prov hdg
amd
1976 No. 25 s 6(a) s 415 sub 1961 10 Eliz 2 No. 11 s 15
amd
1976 No. 25 s 6(b); 1977 No. 13 s 15 sub 1984 No. 32 s
4 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s
69 sub 2008 No. 55 s 73 Attempts at
extortion by threats s 416 amd 1922 13 Geo 5
No. 2 s 3(xv); 1976 No. 25 s 7; 1986 No. 1 s 30; 1988 No.
88 s
5 sch 2; 1990 No. 93 s 14; 1997 No. 3 s 70 om 2008 No. 55 s
73 Procuring execution of deeds etc. by
threats s 417 amd 1988 No. 88 s 5 sch 2; 1989 No. 17
s 40 om 2008 No. 55 s 73 Taking control of
aircraft s 417A ins 1964 No. 14 s
11 amd 1988 No. 88 s 5 sch 2
Definitions s 418
amd
1997 No. 3 s 71 Burglary s 419
amd
1976 No. 25 s 8; 1988 No. 88 s 5 sch 2 sub 1997 No. 3 s
72 Entering dwelling house with intent to commit
an indictable offence prov hdg amd 1976 No. 25 s
9(a) s 420 amd 1976 No. 25 s 9(b); 1988 No. 88 s
5 sch 2 om 1997 No. 3 s 120 sch 1
Entering or being in premises and committing
indictable offences s 421 amd 1945 9 Geo 6 No. 11 s 7
sub
1975 No. 27 s 12 amd 1988 No. 88 s 5 sch 2
sub
1997 No. 3 s 73 Breaking into places with intent to commit
indictable offences s 422 amd 1945 9 Geo 6 No. 11 s 8
sub
1975 No. 27 s 13 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Breaking into Place of Worship and
Committing Crime s 423 om 1975 No. 27 s 14
Current as at 27 November 2013
Page
529
Criminal Code Act 1899 Endnotes
Breaking into Place of Worship with Intent to
Commit a Crime s 424 om 1975 No. 27 s 15
Possession of things used in connection with
unlawful entry prov hdg amd 1976 No. 25 s
10(a) sub 1997 No. 3 s 74(1) s 425
amd
1976 No. 25 s 10(b); 1988 No. 88 s 5 sch 2; 1997 No. 3 s
74(2)–(5) Definitions for purposes of chapter
s
425A ins 1943 7 Geo 6 No. 14 s 16
amd
1945 9 Geo 6 No. 11 s 9 sub 1975 No. 27 s 16
om
1997 No. 3 s 120 sch 1 Unlawful entry of vehicle
s
426 orig s 426 amd 1961 10 Eliz 2 No. 11 s
16 om 1997 No. 3 s 120 sch 1
prev
s 426 ins 1998 No. 19 s 22 om 2008 No. 55 s 74
Unlawful entry of vehicle for committing
indictable offence s 427 prev s 427 sub 1961 10 Eliz 2 No. 11 s
17 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 pres s 427 ins 1998 No. 19 s 22
CHAPTER 40—OTHER FRAUDULENT PRACTICES
ch
hdg amd 1900 64 Vic No. 7 s 1 sch
sub
1997 No. 3 s 75 Obtaining property by passing valueless
cheques s 427A ins 1975 No. 27 s
17 amd 1986 No. 1 s 31; 1988 No. 88 s 5 sch 2;
1997 No. 3 s 76 Obtaining execution of valuable security by a
false pretence or wilfully false promise s 428
sub
1961 10 Eliz 2 No. 11 s 18 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Cheating s 429
amd
1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1
Fraudulent falsification of records
s
430 prev s 430 amd 1943 7 Geo 6 No. 14 s 17;
1986 No. 1 s 32; 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 75 pres s 430 (prev s 441) amd 1975 No. 27 s 41
sch; 1988 No. 88 s 5 sch 2 sub 1997 No. 3 s 78
renum
and reloc 2008 No. 55 s 80 Page 530 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
False
accounting by public officer s 431
prev
s 431 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s
75 pres s 431 (prev s 442) amd 1988 No. 88 s 5
sch 2 renum and reloc 2008 No. 55 s 81
CHAPTER 41—RECEIVING PROPERTY
STOLEN OR
FRAUDULENTLY OBTAINED AND
LIKE OFFENCES What is tainted
property for ch 41 s 432
prev
s 432 amd 1988 No. 88 s 5 sch 2 om 2000 No. 58 s
2 sch pres s 432 ins 2008 No. 55 s 76
Receiving tainted property
prov
hdg sub 2008 No. 55 s 77(1) s 433
amd
1943 7 Geo 6 No. 14 s 18; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 77;
1999 No. 66 s 6 sch; 2008 No. 55 s
77(2)–(3) Receiving after change of ownership
prov
hdg amd 1900 64 Vic No. 7 s 1 sch
s
434 amd 1943 7 Geo 6 No. 14 s 19
om
2008 No. 55 s 78 Taking reward for recovery of property
obtained by way of indictable offences s 435
amd
1988 No. 88 s 5 sch 2 sub 2008 No. 55 s 78
CHAPTER 42—FRAUDS
BY TRUSTEES AND
OFFICERS OF
COMPANIES AND
CORPORATIONS—FALSE ACCOUNTING ch hdg
om
2008 No. 55 s 79(1) Trustees fraudulently disposing of trust
property s 436 amd 1945 9 Geo 6 No. 11 s 10; 1975 No.
27 s 41 sch; 1986 No. 1 s 33; 1988 No. 88 s 5 sch 2;
2007 No. 24 s 770 sch 1 om 2008 No. 55 s 79(2)
Directors and
officers of
corporations or
companies fraudulently appropriating property, or
keeping fraudulent accounts, or falsifying books or accounts
s
437 amd 1975 No. 27 s 41 sch; 1986 No. 1 s 34;
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 79(2)
False
statements by officials of companies s 438
amd
1975 No. 27 s 41 sch; 1986 No. 1 s 35; 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 79(2) Defence s 439
om
2008 No. 55 s 79(2) Misappropriation by members of local
governments s 440 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 79(2) Current as at 27 November 2013
Page
531
Criminal Code Act 1899 Endnotes
CHAPTER 42A—SECRET COMMISSIONS
ch
hdg ins 1931 22 Geo 5 No. 40 s 2
Definitions s 442A
ins
1931 22 Geo 5 No. 40 s 2 def local
government amd 1997 No. 82 s 3 sch om 2009 No. 17 s
331 sch 1 def trustee amd 2005 No. 70 s
166 sch Receipt or solicitation of secret commission
by an agent s 442B ins 1931 22 Geo 5
No. 40 s 3 amd 1997 No. 3 s 79(1) Gift or offer of
secret commission to an agent s 442BA
(prev
s 442B(2)) renum 1997 No. 3 s 79(2) amd 1997 No. 3 s
79(3) Secret gifts received by parent, spouse,
child, partner etc. of agent prov hdg
amd
2002 No. 74 s 90 sch s 442C ins 1931 22 Geo 5
No. 40 s 4 amd 2002 No. 74 s 90 sch False or
misleading receipt or account s 442D
ins
1931 22 Geo 5 No. 40 s 5 amd 1997 No. 3 s 80
Secret commission for advice given
s
442E ins 1931 22 Geo 5 No. 40 s 6
amd
1997 No. 3 s 81(1) Offer or solicitation of secret commission in
return for advice given or to be given s 442EA
(prev
s 442E(2)) renum 1997 No. 3 s 81(2) amd 1997 No. 3 s
81(3) Secret commission to trustee in return for
substituted appointment s 442F ins 1931 22 Geo 5
No. 40 s 7 amd 1997 No. 3 s 82 Liability of
director etc. acting without authority s 442G
ins
1931 22 Geo 5 No. 40 s 8 amd 1997 No. 3 s 83
Offences s 442H
ins
1931 22 Geo 5 No. 40 s 9 amd 1934 25 Geo 5 No. 11 s 11
om
1997 No. 3 s 120 sch 1 Penalty on conviction
s
442I ins 1931 22 Geo 5 No. 40 s 10
amd
1988 No. 88 s 5 sch 2; 1997 No. 3 s 84 Court may order
withdrawal of trifling or technical cases s 442J
ins
1931 22 Geo 5 No. 40 s 11 Page 532 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Witness giving answers criminating himself or
herself s 442K ins 1931 22 Geo 5
No. 40 s 12 Certificate to witness s 442L
ins
1931 22 Geo 5 No. 40 s 12 Custom of itself no defence
s
442M ins 1931 22 Geo 5 No. 40 s 13
CHAPTER 43—SUMMARY CONVICTION FOR
STEALING AND
LIKE INDICTABLE
OFFENCES ch hdg om 1997 No. 3 s
120 sch 1 Indictable offences which may be dealt with
summarily s 443 amd 1943 7 Geo 6 No. 14 s 20(1); 1961
10 Eliz 2 No. 11 s 19; 1964 No. 14 s 12; 1973 No. 88 s
6; 1975 No. 27 s 18; 1976 No. 25 ss 11, 19 sch; 1986 No.
1 s
36; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 41 om 1997 No. 3 s
120 sch 1 Procedure s 444
amd
1964 No. 14 s 13; 1976 No. 25 s 12; 1989 No. 17 s 42
om
1997 No. 3 s 120 sch 1 CHAPTER 44—OFFENCES ANALOGOUS
TO STEALING RELATING
TO ANIMALS ch hdg
amd
1986 No. 1 s 37(a) Chapter division 1—Offences relating to
animals generally ch div hdg ins 1986 No. 1 s
37(b) sub 2002 No. 23 s 13 Killing animals
with intent to steal s 444A (prev s 402)
renum 1986 No. 1 s 39(a)–(b) amd 1986 No. 1 s
38(c); 2002 No. 23 s 14 Using registered brands with criminal
intention s 444B (prev s 404)
renum 1986 No. 1 s 39(a)–(b) amd 1986 No. 1 s
39(c); 1988 No. 88 s 5 sch 2; 2002 No. 23 s 15 Chapter division
2—Offences relating to stock ch div hdg
ins
1986 No. 1 s 40 sub 2002 No. 23 s 16 Unlawfully using
stock prov hdg amd 2002 No. 23 s
17(1) s 445 amd 1931 22 Geo 5 No. 40 s 15; 1961 10
Eliz 2 No. 11 s 20; 1986 No. 1 s 41; 1988 No. 88 s 5
sch 2; 2002 No. 23 s 17(2)–(6) Suspicion of
stealing stock prov hdg amd 2002 No. 23 s
18(1) s 446 amd 1961 10 Eliz 2 No. 11 s 21; 1973
No. 88 s 7; 1986 No. 1 s 42; 1988 No. 88 s 5 sch 2;
2002 No. 23 s 18(2)–(6) Current as at 27 November 2013
Page
533
Criminal Code Act 1899 Endnotes
Illegal branding s 447
amd
1961 10 Eliz 2 No. 11 s 22; 1973 No. 88 s 8; 1986 No. 1 s 43; 1988
No. 88 s 5 sch 2; R1 (see RA s 39); 2002 No. 23
s 19 Defacing brands s 448
amd
1961 10 Eliz 2 No. 11 s 23; 1973 No. 88 s 9; 1986 No. 1 s 44; 1988
No. 88 s 5 sch 2; 2002 No. 23 s 20
Having in possession stock with defaced
brand prov hdg amd 2002 No. 23 s
21(1) s 448A ins 1931 22 Geo 5
No. 40 s 16 amd 1961 10 Eliz 2 No. 11 s 24; 1973 No. 88
s 10; 1986 No. l s 45; 1988 No. 88 s 5 sch 2;
2002 No. 23 s 21(2)–(6) Chapter division 3—Arrest
ch
div hdg ins 1986 No. 1 s 46 sub 2002 No. 23 s
3 sch Time for prosecution s 449
amd
1931 22 Geo 5 No. 40 s 17; 1961 10 Eliz 2 No. 11 s 25; 1986 No. 1 s
47 om 1997 No. 3 s 120 sch 1
Committal for trial s 450
amd
1986 No. 1 s 48 om 2002 No. 23 s 22 Arrest without
warrant s 450A ins 1986 No. 1 s
49 amd 2000 No. 5 s 461 sch 3
Warrant in first instance s 450B
ins
1986 No. 1 s 50 Effect of civil proceedings
s
450C ins 1986 No. 1 s 51 om 2002 No. 23 s
23 CHAPTER 44A—SPECIAL PROVISIONS IN
RESPECT OF
OFFENCES RELATING TO
STOCK ch hdg ins 1986 No. 1 s
52 amd 2002 No. 23 s 24 Meaning of
term animal s 450D
ins
1986 No. 1 s 53 sub 2002 No. 23 s 25 Animals not
tendered in certain cases s 450E ins 1986 No. 1 s
54 amd 2005 No. 70 s 166 sch
Animal valuers and valuations
s
450F ins 1986 No. 1 s 55 amd 1997 No. 82 s
3 sch; 2005 No. 70 s 166 sch; 2007 No. 37 s 43 Page 534
Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Identification of animals and return to
owners prior to tender in certain cases s 450G
ins
1986 No. 1 s 56 Licence disqualification where commission of
offence facilitated by licence or use of vehicle
s
450H ins 1986 No. 1 s 57 amd 1989 No. 17 s
43; 1997 No. 82 s 3 sch; 1999 No. 42 s 54(3) sch; 2002
No.
23 s 26 Forfeiture in cases of conviction for
offences under specified sections s 450I
ins
1986 No. 1 s 58 amd 1989 No. 17 s 44; 2002 No. 23 s
27 CHAPTER 44B—OTHER
OFFENCES ANALOGOUS
TO STEALING PUNISHABLE ON
SUMMARY CONVICTION ch hdg ins 1986 No. 1 s
59 om 2008 No. 55 s 82 Unlawful
possession of shipwrecked goods s 451
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 82
Offering shipwrecked goods for sale
s
452 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 82 Unlawfully dredging for oysters
s
453 amd 1988 No. 88 s 5 sch 2
om
1994 No. 37 s 244 sch 2 Unlawfully taking fish
s
454 om 1994 No. 37 s 244 sch 2
Arrest without warrant s 455
amd
2000 No. 5 s 461 sch 3 om 2008 No. 55 s 82
Warrant in first instance s 456
om
2008 No. 55 s 82 Effect of summary conviction and of civil
proceedings s 457 amd 1986 No. 1 s 60
om
2008 No. 55 s 82 Unlawful acts s 458
amd
1997 No. 3 s 85; 2011 No. 7 s 7 Damage
s
460 amd 1997 No. 3 s 86 om 2008 No. 55 s
83 Arson s 461
amd
1948 12 Geo 6 No. 48 s 10; 1988 No. 88 s 5 sch 2; 2008 No. 55 s
84 Current as at 27 November 2013
Page
535
Criminal Code Act 1899 Endnotes
Endangering particular property by
fire s 462 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 85 Setting fire to crops and growing
plants s 463 amd 1986 No. 1 s 61; 1988 No. 88 s 5
sch 2 Attempting to set fire to crops etc.
s
464 amd 1986 No. 1 s 62; 1988 No. 88 s 5 sch
2 om 2008 No. 55 s 86 Casting away
ships s 465 amd 1986 No. 1 s 63; 1988 No. 88 s 5
sch 2 om 2008 No. 55 s 86 Attempts to cast
away ships s 466 amd 1986 No. 1 s 64; 1988 No. 88 s 5
sch 2 om 2008 No. 55 s 86 Endangering the
safe use of vehicles and related transport infrastructure
s
467 amd 1900 64 Vic No. 7 s 1 sch; 1986 No. 1 s
65; 1988 No. 88 s 5 sch 2 sub 2008 No. 55 s 87
Endangering the safe use of an
aircraft s 467A ins 1964 No. 14 s
14 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 87 Injuring animals s 468
amd
1986 No. 1 s 66; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 45; 2002 No.
23 s 28 Wilful damage prov hdg
sub
1997 No. 3 s 87(1) s 469 amd 1964 No. 14 s 15; 1986 No. 1 s 67;
1988 No. 88 s 5 sch 2; 1997 No. 3 s 87(2)–(4); 2008
No. 55 s 88; 2011 No. 7 s 8; 2013 No. 31 s 15 Forfeiture of
thing used to record, store or transmit image of graffiti
s
469AA ins 2013 No. 31 s 16 Sabotage and
threatening sabotage s 469A ins 2004 No. 8 s
14 Attempts to destroy property by
explosives s 470 amd 1986 No. 1 s 68; 1988 No. 88 s 5
sch 2 Unlawful deposition of explosive or noxious
substances prov hdg amd 2008 No. 55 s
89(1) s 470A ins 1943 7 Geo 6
No. 14 s 21 amd 1988 No. 88 s 5 sch 2; 2008 No. 55 s
89(2)–(3) Damaging mines s 471
amd
1986 No. 1 s 69; 1988 No. 88 s 5 sch 2 sub 2008 No. 55 s
90 Page 536 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Interfering with marine signals
s
472 amd 1986 No. 1 s 70; 1988 No. 88 s 5 sch
2 Interfering with navigation works
s
473 amd 1986 No. 1 s 71; 1988 No. 88 s 5 sch
2 Communicating infectious diseases to
animals s 474 amd 1986 No. 1 s 72; 1988 No. 88 s 5
sch 2 Travelling with infected animals
s
475 amd 1986 No. 1 s 73; 1988 No. 88 s 5 sch
2 Removing boundary marks s 476
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 91
Obstructing railways s 477
amd
1988 No. 88 s 5 sch 2 Sending letters threatening to burn or
destroy s 478 amd 1988 No. 88 s 5 sch 2; 1997 No. 3
s 88 Arrest without warrant s 479
sub
1943 7 Geo 6 No. 14 s 22; 2000 No. 5 s 461 sch 3
CHAPTER 47—SUMMARY CONVICTION FOR CERTAIN
OFFENCES ch hdg om 1997 No. 3 s
120 sch 1 Offences which may be dealt with
summarily s 480 amd 1943 7 Geo 6 No. 14 s 23; 1961 10
Eliz 2 No. 11 s 26; 1964 No. 14 s 16; 1975 No. 27 s 19;
1976 No. 25 s 19 sch; 1988 No. 88 s 5 sch 2; 1989 No.
17 s
46 om 1997 No. 3 s 120 sch 1
Procedure s 481
om
1997 No. 3 s 120 sch 1 Trivial charges s 482
om
1997 No. 3 s 120 sch 1 Effect of summary conviction and of
civil proceedings s 483 om 1997 No. 3 s 120 sch 1
Definitions s 484
amd
1997 No. 3 s 89 Further definitions s 485
om
1997 No. 3 s 120 sch 1 Definition of forgery
s
486 om 1997 No. 3 s 120 sch 1
Certain matters immaterial
s
487 om 1997 No. 3 s 120 sch 1
Current as at 27 November 2013
Page
537
Criminal Code Act 1899 Endnotes
Forgery and uttering prov hdg
sub
1997 No. 3 s 90(1) s 488 amd 1986 No. 1 s 74; 1988 No. 88 s 5
sch 2; 1990 No. 80 s 3 sch 1; 1997 No. 3 s 90(2); 2008
No. 55 s 92 Uttering false documents and counterfeit
seals s 489 om 1997 No. 3 s 120 sch 1
Uttering cancelled or exhausted
documents s 490 om 1997 No. 3 s 120 sch 1
Uttering cancelled stamps s 491
om
1997 No. 3 s 120 sch 1 Procuring execution of documents by
false pretences s 492 om 2008 No. 55 s 93
Obliterating crossings on cheques
s
493 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 93 Making documents without authority
s
494 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s
91 om 2008 No. 55 s 93 Demanding
property upon forged testamentary instruments prov hdg
amd
1900 64 Vic No. 7 s 1 sch s 495 om 2008 No. 55 s
93 Purchasing forged bank notes
s
496 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 93 False certificate of message received by
telegraph s 497 om 2008 No. 55 s 93
Falsifying warrants for money payable under
public authority s 498 amd 1988 No. 88 s 5 sch 2
Falsification of registers
s
499 amd 1988 No. 88 s 5 sch 2
Sending false certificate of marriage to
registrar s 500 amd 1988 No. 88 s 5 sch 2
False
statements for the purpose of registers of births, deaths, and
marriages s 501 amd 1988 No. 88 s 5 sch 2
Contradictory statements s 501A
ins
1997 No. 3 s 92 (amd 1997 No. 9 s 3 sch 1) Procuring or
claiming unauthorised status prov hdg
sub
2008 No. 55 s 94 s 502 amd 1988 No. 88 s 5 sch 2
Page
538 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Counterfeiting trademarks s 503
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 95
Circulating false copies of rules or lists of
members of societies or companies s 504
amd
1988 No. 88 s 5 sch 2 om 2008 No. 55 s 95
Sending false telegrams s 505
amd
1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1
CHAPTER 50—FORGERY AND
LIKE OFFENCES
PUNISHABLE ON
SUMMARY CONVICTION ch hdg
om
2008 No. 55 s 96 Forgery of sailors’ tickets or documents
relating to regulation of factories and shops prov hdg
amd
1997 No. 82 s 3 sch s 506 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 96 Fraudulent use of adhesive stamps
s
507 om 2008 No. 55 s 96 False warranties
or labels relating to the sale of food s 508
om
2008 No. 55 s 96 Provisions of this chapter alternative
s
509 om 2008 No. 55 s 96 Instruments and
materials for forgery s 510 amd 1988 No. 88 s
5 sch 2 sub 1997 No. 3 s 93 Counterfeit
stamps s 511 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Paper for postal purposes
s
512 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Paper and dies for postage
stamps s 513 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Personation in general
s
514 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s
94 Falsely acknowledging deeds, recognisances
etc. s 515 amd 1988 No. 88 s 5 sch 2; 2000 No. 46
s 3 sch Personation of a person named in a
certificate s 516 om 2008 No. 55 s 97
Current as at 27 November 2013
Page
539
Criminal Code Act 1899 Endnotes
Lending certificates for personation
s
517 amd 1988 No. 88 s 5 sch 2
om
2008 No. 55 s 97 CHAPTER 53—FRAUDULENT DEBTORS
ch
hdg om 1997 No. 3 s 120 sch 1
Definition s 518
om
1997 No. 3 s 120 sch 1 Absconding with property in
contemplation of or immediately after insolvency
s
519 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Frauds by insolvents
s
520 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Other frauds by insolvents
s
521 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Falsification of books by
insolvents s 522 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Frauds by insolvents in course of
insolvency proceedings s 523 amd 1988 No. 88 s
5 sch 2 om 1997 No. 3 s 120 sch 1
Failure by insolvents to discover
property s 524 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Failure to keep proper books
s
525 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Concealing documents
s
526 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Receiving insolvent’s property with
intent to defraud s 527 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Making false claim in insolvency
s
528 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Concealing property of
insolvents s 529 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Page 540 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Fraudulent dealing with property by
debtors s 530 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Concealment by officers of companies on
reduction of capital s 531 amd 1988 No. 88 s
5 sch 2 om 1997 No. 3 s 120 sch 1
Falsification of books of companies
s
532 amd 1988 No. 88 s 5 sch 2
om
1997 No. 3 s 120 sch 1 Mixing uncertified with certified
articles s 533 amd 1988 No. 88 s 5 sch 2
Intimidation of workers and employers
s
534 amd 1915 6 Geo 5 No. 31 s 36; 1929 20 Geo 5
No. 28 s 119(1); 1932 23 Geo 5 No. 36 s 85(1);
1988 No. 88 s 5 sch 2; 1997 No. 82 s 3 sch; 2000 No. 46
s 3
sch om 2008 No. 55 s 98 Attempts to
commit indictable offences s 535 amd 1997 No. 3 s
95 sub 2008 No. 55 s 99 Punishment of
attempts to commit indictable offences s 536
amd
1922 13 Geo 5 No. 2 s 3(xvi); 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 99 Punishment of attempts to commit
misdemeanours s 537 om 2008 No. 55 s 99
Reduction of punishment s 538
amd
1988 No. 88 s 5 sch 2; 2008 No. 55 s 100 Attempts to
procure commission of criminal acts s 539
amd
1900 64 Vic No. 7 s 1 sch sub 1989 No. 17 s 47
Preparation to commit crimes with dangerous
things s 540 amd 1900 64 Vic No. 7 s 1 sch; 1986
No. 1 s 75; 1988 No. 88 s 5 sch 2 sub 2008 No. 55 s
101 Conspiracy to commit crime
s
541 amd 1986 No. 1 s 76; 1988 No. 88 s 5 sch
2 Conspiracy to commit other offences
s
542 amd 1986 No. 1 s 77; 1988 No. 88 s 5 sch
2 Other conspiracies s 543
amd
1986 No. 1 s 78; 1988 No. 88 s 5 sch 2 Current as at 27
November 2013 Page 541
Criminal Code Act 1899 Endnotes
Industrial disputes s 543A
prev
s 543A ins 1915 6 Geo 5 No. 31 s 37 om 1929 20 Geo 5
No. 28 s 119(2) pres s 543A ins 1932 23 Geo 5 No. 36 s
85(2) amd 1997 No. 82 s 3 sch; 2000 No. 46 s 3
sch; 2008 No. 55 s 102 Accessories after the fact to
offences s 544 amd 1988 No. 88 s 5 sch 2
sub
2008 No. 55 s 103 Punishment of accessories after the fact to
offences s 545 amd 1973 No. 88 s 11; 1988 No. 88 s 5
sch 2 sub 2008 No. 55 s 103 Chapter does not
apply to police officers s 545A ins 2000 No. 5 s
461 sch 3 Arrest without warrant generally
s
546 amd 2000 No. 5 s 461 sch 3; 2005 No. 70 s
166 sch Arrest of persons found committing offences
on aircraft s 547A ins 1964 No. 14 s
17 Arrest of persons found committing
offences s 548 amd 2000 No. 5 s 461 sch 3
Duty
of persons arresting s 552 amd 2008 No. 55 s
104 CHAPTER 58A—INDICTABLE OFFENCES DEALT WITH
SUMMARILY ch hdg ins 1997 No. 3 s
96 Charges of
indictable offences
that must
be heard and
decided summarily
on prosecution election
s
552A ins 1997 No. 3 s 96 (amd 1997 No. 9 ss
30(1), 3 sch 1) sub 2010 No. 26 s 17 Charges of
indictable offences that must be heard and decided summarily
unless defendant elects for jury trial
s
552B ins 1997 No. 3 s 96 (amd 1997 No. 9 ss
30(2)–(4), 3 sch 1) amd 1997 No. 32 s 3 sch; 1998 No. 19 s 23;
1999 No. 66 s 11; 2002 No. 8 s 52; 2003 No. 77 s
46; 2006 No. 45 s 5 sub 2010 No. 26 s 17 Charges of
indictable offences that must be heard and decided summarily
s
552BA ins 2010 No. 26 s 17 Excluded
offences s 552BB ins 2010 No. 26 s
17 Constitution of Magistrates Court
s
552C ins 1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch
1) sub 1997 No. 32 s 4 amd 2004 No. 37 s
86 sch 1; 2007 No. 59 s 70; 2009 No. 17 s 331 sch 1
Page
542 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
When
Magistrates Court must abstain from jurisdiction
prov
hdg amd 1997 No. 32 s 3 sch s 552D
ins
1997 No. 3 s 96 amd 1997 No. 32 s 3 sch; 2010 No. 26 s 18;
2013 No. 45 s 48 Charge may be heard and decided where
defendant arrested or served s 552E
ins
1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch 1) amd 2010 No. 26 s
19 Time for prosecution s 552F
ins
1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch 1) amd 1997 No. 32 s
3 sch; 2010 No. 26 s 20 Value of property affecting
jurisdiction to be decided by Magistrates Court prov hdg
amd
1997 No. 32 s 3 sch s 552G ins 1997 No. 3 s
96 (amd 1997 No. 9 s 3 sch 1) amd 2010 No. 26 s
21 Maximum penalty for indictable offences dealt
with summarily s 552H ins 1997 No. 3 s
96 sub 1997 No. 32 s 5 amd 2006 No. 8 s
71; 2010 No. 26 s 22; 2013 No. 29 s 59I Procedure under
section 552B s 552I ins 1997 No. 3 s
96 (amd 1997 No. 9 s 3 sch 1) amd 1997 No. 32 s
3 sch Appeals against decision to decide charge
summarily s 552J ins 1997 No. 3 s
96 amd 1997 No. 32 s 3 sch; 2010 No. 26 s
23 Bail s 555 amd 1964 No. 14 s
18 om 1980 No. 35 s 4(1) sch 1
Forfeiture of recognizance before appointed
day s 555A ins 1975 No. 27 s
20 om 1980 No. 35 s 4(1) sch 1
Summary convictions—time s 556
amd
1961 10 Eliz 2 No. 11 s 27 om 1997 No. 3 s 120 sch 1
Place
of trial s 557 amd 1956 5 Eliz 2 No. 5 s 4; 1989 No.
17 s 48 Change of place of trial s 559
amd
1977 No. 13 s 16; 1980 No. 35 s 4(1) sch 1; 1989 No. 17 s 49; 2008
No. 59 s 26; 2011 No. 45 s 113
Definition for ch 60 s 559A
ins
2002 No. 68 s 303 Current as at 27 November 2013
Page
543
Criminal Code Act 1899 Endnotes
Presenting indictments prov hdg
sub
1997 No. 3 s 97(1) s 560 amd 1997 No. 3 s 97(2); 1999 No. 19 s
3 sch; 2002 No. 68 s 304 Place where indictment is
presented s 560A ins 2003 No. 55 s
13 Ex officio indictments prov hdg
amd
2002 No. 68 s 305(1) s 561 amd 1956 5 Eliz 2
No. 5 s 5; 2002 No. 68 s 305(2)–(4) Arrest of person
charged in ex officio indictment prov hdg
amd
2002 No. 68 s 306 s 562 amd 1900 64 Vic No. 7 s 1 sch; 1980
No. 35 s 4(1) sch 1 Nolle prosequi s 563
amd
1997 No. 3 s 98; 2002 No. 68 s 307 Particular
indictments s 566 amd 1979 No. 2 s 6; 1997 No. 3 s 99;
2008 No. 55 s 105; 2011 No. 7 s 9 Joinder of
charges s 567 amd 1971 No. 41 s 7
sub
1976 No. 25 s 13 Cases in which several charges may be
joined s 568 amd 1945 9 Geo 6 No. 11 s 11; 1961 10
Eliz 2 No. 11 s 28; 1964 No. 14 s 19; 1976 No. 25 s 14;
1979 No. 2 s 7; 1986 No. 1 s 79; 1997 No. 3 s 100; 1997
No.
82 s 3 sch; 2002 No. 23 s 29; 2007 No. 24 s 770 sch 1; 2008 No. 55
s 106; 2010 No. 2 s 89 sch 1; 2011 No. 7 s 10;
2013 No. 14 s 26 Accessories s 569
amd
1997 No. 3 s 101 Amendment of indictments s 572
amd
1997 No. 3 s 102 Indictment containing count of murder or
manslaughter s 576 amd 1971 No. 41 s 7
sub
1976 No. 25 s 15 Charge of homicide of child
s
577 amd 1971 No. 41 s 7; 1997 No. 3 s 103
Charge of offence of a sexual nature
s
578 amd 1913 4 Geo 5 No. 25 s 2(v); 1976 No. 25
s 19 sch sub 1989 No. 17 s 50 amd 1997 No. 3 s
104; 2000 No. 43 s 28; 2008 No. 55 s 107 Offences of
dishonesty prov hdg sub 1997 No. 3 s
105(1) s 581 amd 1979 No. 2 s 8; 1986 No. 1 s 80;
1997 No. 3 s 105(2)–(4) Page 544 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Charge of stealing stock prov hdg
amd
2002 No. 23 s 30(1) s 588 amd 1986 No. 1 s 81; 2002 No. 23 s
30(2)–(3) Charges of stealing certain animals and of
killing certain animals with intent to steal s 588A
ins
1986 No. 1 s 82 amd 2002 No. 23 s 31 CHAPTER
62—TRIAL—ADJOURNMENT—PLEAS—PRACTICE Chapter division
1—Bringing accused person to trial ch div hdg
ins
2003 No. 55 s 14 Bringing accused to trial s 590
sub
1975 No. 27 s 21; 1997 No. 3 s 106 amd 1997 No. 82 s
3 sch Chapter division 2—Directions and rulings
before trial ch div hdg ins 2003 No. 55 s
15 Pre-trial directions and rulings
s
590AA (prev s 592A) ins 1997 No. 3 s 108
amd
2000 No. 16 s 590 sch 1 pt 2; 2000 No. 43 s 30; 2003 No. 55 s
19(1)–(4) reloc and renum 2003 No. 55 s 19(5)
amd
2008 No. 50 s 3; 2008 No. 59 s 27; 2010 No. 26 s 24
Noncompliance with direction about
disclosure s 590AAA ins 2010 No. 26 s
25 Chapter division 3—Disclosure by the
prosecution ch div hdg ins 2003 No. 55 s
15 Chapter subdivision A—Preliminary
provisions ch sdiv hdg ins 2003 No. 55 s
15 Disclosure obligation s 590AB
ins
2003 No. 55 s 15 Chapter division does not have particular
consequences s 590AC ins 2003 No. 55 s
15 amd 2010 No. 26 s 26 Chapter
subdivision B—Interpretation ch sdiv
hdg ins 2003 No. 55 s 15 Definitions for
ch div 3 s 590AD ins 2003 No. 55 s
15 def disclose a thing om 2008
No. 55 s 108(1) def disclose particulars om
2008 No. 55 s 108(1) def Evidence Act section 93A device
statement ins 2008 No. 55 s 108(2) def
prescribed summary trial sub 2010 No. 26 s
27 def view ins 2008 No. 55 s
108(2) Meaning of possession of
the prosecution s 590AE ins 2003 No. 55 s
15 Current as at 27 November 2013
Page
545
Criminal Code Act 1899 Endnotes
Meaning of sensitive
evidence s 590AF ins 2003 No. 55 s
15 amd 2005 No. 9 s 7 Meaning of
Evidence Act section 93A device
statement s 590AFA ins 2008 No. 55 s
109 Particular references to an accused person
include references to a lawyer acting for the accused
person s 590AG ins 2003 No. 55 s
15 Chapter subdivision C—Disclosure
ch
sdiv hdg ins 2003 No. 55 s 15 Disclosure that
must always be made s 590AH ins 2003 No. 55 s
15 amd 2010 No. 26 s 28 When mandatory
disclosure must be made s 590AI ins 2003 No. 55 s
15 amd 2007 No. 37 s 42 sch; 2008 No. 55 s 110;
2010 No. 26 s 29 Disclosure that must be made on
request s 590AJ ins 2003 No. 55 s
15 When requested disclosure must be made
s
590AK ins 2003 No. 55 s 15 amd 2007 No. 37 s
42 sch; 2008 No. 55 s 111; 2010 No. 26 s 30 Ongoing
obligation to disclose s 590AL ins 2003 No. 55 s
15 How disclosure may be made
s
590AM ins 2003 No. 55 s 15 Chapter
subdivision D—Limitations on disclosure ch sdiv
hdg ins 2003 No. 55 s 15 Limit on
disclosure of things accused person already has s 590AN
ins
2003 No. 55 s 15 amd 2010 No. 26 s 31 Limit on
disclosure of sensitive evidence s 590AO
ins
2003 No. 55 s 15 amd 2008 No. 55 s 112; 2010 No. 26 s
32 Evidence Act section 93A device
statement s 590AOA ins 2008 No. 55 s
113 Limit on disclosure of witness contact
details s 590AP ins 2003 No. 55 s
15 Limit on disclosure contrary to the public
interest s 590AQ ins 2003 No. 55 s
15 Page 546 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Chapter subdivision E—Viewing
ch
sdiv hdg ins 2003 No. 55 s 15 Viewing evidence
that is not original evidence s 590AR
ins
2003 No. 55 s 15 sub 2008 No. 55 s 114 Viewing
particular evidence prov hdg sub 2008 No. 55 s
115(1) s 590AS ins 2003 No. 55 s
15 amd 2008 No. 55 s 115(2); 2010 No. 26 s
33 Chapter subdivision F—Miscellaneous
provisions ch sdiv hdg ins 2003 No. 55 s
15 Accused person may waive entitlement
s
590AT ins 2003 No. 55 s 15 Court may waive
requirement s 590AU ins 2003 No. 55 s
15 Disclosure directions under particular
provisions prov hdg amd 2010 No. 26 s
34 s 590AV ins 2003 No. 55 s
15 amd 2008 No. 55 s 116 When issues about
disclosure must be resolved s 590AW
ins
2003 No. 55 s 15 Unauthorised copying of sensitive
evidence s 590AX ins 2003 No. 55 s
15 Chapter division 4—Disclosure by an accused
person ch div hdg ins 2003 No. 55 s
15 Notice of alibi s 590A
ins
1975 No. 27 s 22 amd 1986 No. 1 s 83; 1997 No. 82 s 3 sch;
2005 No. 70 s 166 sch Advance notice of expert
evidence prov hdg amd 2003 No. 55 s
16(1) s 590B ins 1997 No. 3 s
107 amd 2003 No. 55 s 16(2)–(3)
Advance notice of representation if person
who made it is unavailable s 590C ins 2000 No. 43 s
29 amd 2003 No 55 s 17 Chapter division
4A—Disclosure obligation directions ch div 4A (ss
590D–590G) ins 2010 No. 26 s 35 Chapter division
5—Bringing on trial and ordering adjournment ch div hdg
ins
2003 No. 55 s 18 Current as at 27 November 2013
Page
547
Criminal Code Act 1899 Endnotes
Adjournment of trial s 592
sub
1975 No. 27 s 23 amd 2005 No. 70 s 166 sch
Directions as to trial upon
adjournment s 593 sub 1975 No. 27 s 24
Warrant to bring witness before court
s
593A ins 1975 No. 27 s 25 amd 1977 No. 13 s
17 sub 1980 No. 35 s 4(1) sch 1; 2008 No. 59 s
28 Effect of enlargement of recognizance
s
593B ins 1975 No. 27 s 25 amd 1988 No. 13 s
18 om 1980 No. 35 s 4(1) sch 1
Chapter division 6—Corporation as accused
person ch div hdg ins 2003 No. 55 s
21 Presence in court and plea where accused
person is a corporation s 594A ins 1978 No. 10 s
6 Chapter division 7—Applications by accused
person about indictment ch div hdg ins 2003 No. 55 s
22 Chapter division 8—Separate trials
ch
div hdg ins 2003 No. 55 s 23 Separate trials
where 2 or more charges against the same person s 597A
ins
1976 No. 25 s 16 amd 1980 No. 35 s 4(1) sch 1; 1997 No. 3 s
110; 2008 No. 59 s 29 Separate trials s 597B
(prev
s 606) reloc and renum 2003 No. 55 s 25 Chapter division
9—Pleas ch div hdg ins 2003 No. 55 s
24 Accused person to be called on to plead to
indictment prov hdg amd 2003 No. 55 s
20(1) s 597C (prev s 594) amd
1975 No. 27 s 26; 1997 No. 3 s 109; 1999 No. 65 s 6
reloc
and renum 2003 No. 55 s 20(2) amd 2013 No. 64 s
49 Pleas s 598
amd
1976 No. 25 s 17 Defence of justification for defamation to be
specially pleaded s 599 sub 2005 No. 55 s 48 sch 4
Trial
by jury s 604 amd 1997 No. 3 s 111; 2008 No. 50 s
4 Page 548 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Accused person to be informed of the person’s
right of challenge s 608 om 1995 No. 42 s 76 sch 2
Challenge to array s 609
om
1995 No. 42 s 76 sch 2 Challenges to individual jurors for
cause s 610 om 1995 No. 42 s 76 sch 2
Time
for challenging s 611 om 1995 No. 42 s 76 sch 2
Ascertainment of facts as to challenge
s
612 om 1995 No. 42 s 76 sch 2
Want
of understanding of accused person s 613
amd
1961 10 Eliz 2 No. 11 s 29 Chapter division 9A—Trial by judge
alone ch div hdg ins 2008 No. 50 s
5 Application for order s 614
prev
s 614 om 1995 No. 42 s 76 sch 2 pres s 614 ins
2008 No. 50 s 5 Making a no jury order s 615
prev
s 615 om 1995 No. 42 s 76 sch 2 pres s 615 ins
2008 No. 50 s 5 More than 1 charge or accused person
s
615A ins 2008 No. 50 s 5 Law and procedure
to be applied s 615B ins 2008 No. 50 s
5 Judge’s verdict and judgment
s
615C ins 2008 No. 50 s 5 Particular
proceedings excluded from application s 615D
ins
2008 No. 50 s 5 amd 2009 No. 34 s 45(1) sch pt 1 amdt
12 References to trial by jury
s
615E ins 2008 No. 50 s 5 Chapter division
10—Appearances and fair conduct ch div hdg
ins
2003 No. 55 s 27 Presence of accused s 617
sub
1982 No. 34 s 2 Juries s 617A
(prev
s 607) reloc and renum 2003 No. 55 s 26 Chapter division
11—Trial of issues ch div hdg ins 2003 No. 55 s
28 Current as at 27 November 2013
Page
549
Criminal Code Act 1899 Endnotes
Evidence in defence s 618
sub
1961 10 Eliz 2 No. 11 s 30; 1975 No. 27 s 27 Prisoner and
husband and wife of prisoner competent but not compellable
witnesses s 618A ins 1961 10 Eliz
2 No. 11 s 31 om 1977 No. 47 s 3(7) sch 1 pt G
Speeches by counsel s 619
amd
1975 No. 27 s 28 Jury not to separate s 621
amd
1922 13 Geo 5 No. 2 s 3(xvii); 1971 No. 41 s 7; 1973 No. 53 s
2 om 1995 No. 42 s 76 sch 2
Confinement of jury s 622
amd
1976 No. 39 s 38 om 1995 No. 42 s 76 sch 2
View s 623 om 1995 No. 42 s
76 sch 2 General verdict on charge of
defamation s 625 amd 2005 No. 55 s 48 sch 4
Discharge of jury s 626
om
1995 No. 42 s 76 sch 2 Incapacity of Judge s 627
om
1995 No. 42 s 76 sch 2 Incapacity and unavailability of
juror s 628 amd 1976 No. 39 s 39
sub
1982 No. 59 s 3 om 1995 No. 42 s 76 sch 2
Verdict on Sunday s 629
om
1995 No. 42 s 76 sch 2 Chapter division 12—Other
provisions ch div hdg ins 2003 No. 55 s
29 Plea of guilty during trial
s
631A ins 1989 No. 17 s 51 amd 1997 No. 3 s
112 Corroboration s 632
sub
1986 No. 1 s 84; 1997 No. 3 s 113 amd 2000 No. 43 s
31 Evidence on charge of treason
s
633 om 1997 No. 3 s 120 sch 1
Evidence of blood relationship
s
636 amd 1943 7 Geo 6 No. 14 s 24
sub
1989 No. 17 s 52 Page 550 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
amd
1997 No. 3 s 114; 2005 No. 70 s 166 sch; 2008 No. 55 s 117
Evidence of gaming s 637
om
2005 No. 70 s 60 Evidence of authority s 638
amd
1986 No. 1 s 85; 2005 No. 55 s 48 sch 4 Averments about
public officers and public service officers or employees
prov
hdg sub 1997 No. 3 s 115(1) s 639
amd
1997 No. 3 s 115(2)–(3) Evidence on trial for defamation
s
640 reloc (as 1889 53 Vic No. 12 s 36) 1995 No.
37 s 459(2) sch 3 pt 1 div 2 Evidence on
certain charges of stealing money s 641
amd
1945 9 Geo 6 No. 11 s 12; 2007 No. 24 s 770 sch 1; 2008 No. 55 s
118 Intention to injure, deceive or
defraud s 643 prov hdg sub 1997 No. 3 s
116 Admissions s 644
amd
1943 7 Geo 6 No. 14 s 25; 1961 10 Eliz 2 No. 11 s 32; 1986 No. 1 s
86 Witness giving incriminating answers
s
644A ins 1997 No. 3 s 117 amd 2008 No. 55 s
119 CHAPTER 63A—NONATTENDANCE OF WITNESS
ch
63A (ss 644B–644D) ins 2011 No. 45 s 114 Accused person
insane during trial s 645 amd 1984 No. 66 s 58; 2000 No. 16 s
590 sch 1 pt 2 Acquittal on ground of insanity
s
647 amd 1984 No. 66 s 59; 2000 No. 16 s 590 sch
1 pt 2 Arrest of judgment s 649
amd
1913 4 Geo 5 No. 23 s 2(2) Sentence s 650
amd
1948 12 Geo 6 No. 48 s 11; 1961 10 Eliz 2 No. 11 s 33; 1980 No. 35
s 4(1) sch 1 sub 1989 No. 17 s
53 amd 1992 No. 48 s 207 sch
Court
may decide summary offences if a person is charged on
indictment prov hdg sub 1999 No. 66 s
12(1) s 651 orig s 651 om 1922 13 Geo 5 No. 2 s
3(xviii) prev s 651 ins 1986 No. 1 s 87
om
1992 No. 48 s 207 sch pres s 651 ins 1997 No. 3 s 118 (amd
1997 No. 9 s 31) amd 1997 No. 82 s 3 sch; 1999 No. 16 s 2
sch; 1999 No. 19 s 3 sch; 1999 No. 66 s 12(2)–(3);
2002 No. 35 s 13 sch; 2010 No. 26 s 36 Current as at 27
November 2013 Page 551
Criminal Code Act 1899 Endnotes
Proceedings to transmit charge for summary
offence prov hdg amd 1999 No. 16 s
2 sch s 652 prev s 652 om 1922 13 Geo 5 No. 2 s
3(xviii) pres s 652 ins 1997 No. 3 s 118
amd
1997 No. 82 s 3 sch; 1999 No. 19 s 3 sch; 1999 No. 66 s 13; 2000
No. 46 s 3 sch Remission of
proceedings to court exercising summary jurisdiction
s
653 prev s 653 om 1922 13 Geo 5 No. 2 s
3(xviii) pres s 653 ins 1999 No. 66 s 14
Solitary Confinement s 654
om
1986 No. 1 s 88 Whipping s 655
om
1986 No. 1 s 88 Conditional Suspension of Punishment on First
Conviction s 656 amd 1943 7 Geo 6 No. 14 s 26; 1948 12
Geo 6 No. 48 s 12; 1971 No. 41 s 8; 1988 No. 88 s 5
sch 2 om 1992 No. 48 s 207 sch Discharge of
Offender in certain Cases s 657 om 1992 No. 48 s
207 sch Power to permit release of certain persons
charged s 657A ins 1975 No. 27 s
29 om 1992 No. 48 s 207 sch Assessment of
Value of Property: Appropriation of Fines dependent on Value
s
658 om 1992 No. 48 s 207 sch CHAPTER
64A—HABITUAL CRIMINALS ch hdg ins 1914 5 Geo 5
No. 22 s 2(2) om 1992 No. 48 s 197(1) Judge may Declare
Convicted Person an Habitual Criminal s 659A
ins
1914 5 Geo 5 No. 22 ss 2(2), 3 amd 1945 9 Geo 6
No. 11 s 13; 1961 10 Eliz 2 No. 11 s 34; 1988 No. 88 s 5
sch
2 om 1992 No. 48 s 197(1) Reformatory
Prisons s 659B ins 1914 5 Geo 5
No. 22 ss 2(2), 4 om 1988 No. 88 s 5 sch 2 Prisons Act and
Code to apply s 659C ins 1914 5 Geo 5
No. 22 ss 2(2), 5 om 1988 No. 88 s 5 sch 2 Detention of
Habitual Criminals s 659D ins 1914 5 Geo 5
No. 22 ss 2(2), 6 amd 1988 No. 88 s 5 sch 2
om
1992 No. 48 s 197(1) Page 552 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Alcoholic Liquor Prohibited
s
659E ins 1914 5 Geo 5 No. 22 ss 2(2), 7
om
1988 No. 88 s 5 sch 2 Prisoners to be Employed
s
659F ins 1914 5 Geo 5 No. 22 ss 2(2), 8
om
1988 No. 88 s 5 sch 2 Discharge s 659G
ins
1914 5 Geo 5 No. 22 ss 2(2), 9 om 1992 No. 48 s
197(1) Conditions under which Offender may be
Arrested s 659H ins 1914 5 Geo 5
No. 22 ss 2(2), 10 amd 1988 No. 88 s 5 sch 2
om
1992 No. 48 s 197(1) Regulations s 659I
ins
1914 5 Geo 5 No. 22 ss 2(2), 11 om 1988 No. 88 s
5 sch 2 Costs in cases of defamation
s
661 amd 1995 No. 37 s 459(2) sch 3 pt 1 div
2 reloc (as 1889 53 Vic No. 12 s 37) 1995 No.
37 s 459(2) sch 3 pt 1 div 2 Taxation
s
662 amd 2011 No. 45 s 115 Enforcement of
judgment of Circuit Court s 663 om 2011 No. 45 s
116 CHAPTER 65A—COMPENSATION FOR INJURY
ch
hdg ins 1968 No. 44 s 4 om 1995 No. 54 s
45 sch 2 Interpretation s 663A
ins
1968 No. 44 s 4 def Minister amd 1990 No. 80 s
3 sch 1 def prescribed amount ins 1975 No. 27 s
30 amd 1984 No. 28 s 3 om 1995 No. 54 s
45 sch 2 Particular prescribed amounts
s
663AA ins 1984 No. 28 s 4 om 1995 No. 54 s
45 sch 2 Court may order payment for
compensation s 663B ins 1968 No. 44 s
4 amd 1975 No. 27 s 31; 1984 No. 28 s 5
om
1995 No. 54 s 45 sch 2 Further matters for consideration by
court in determining amount of order s 663BA
ins
1984 No. 28 s 6 om 1995 No. 54 s 45 sch 2
Current as at 27 November 2013
Page
553
Criminal Code Act 1899 Endnotes
Governor in Council may approve ex gratia
payment where offender convicted s 663C
ins
1968 No. 44 s 4 amd 1975 No. 27 s 32 om 1995 No. 54 s
45 sch 2 Governor in Council may approve ex gratia
payment in other cases s 663D ins 1968 No. 44 s
4 amd 1975 No. 27 s 33 om 1995 No. 54 s
45 sch 2 General s 663E
ins
1968 No. 44 s 4 om 1995 No. 54 s 45 sch 2
Execution of Sentence of Death
s
664 om 1922 13 Geo 5 No. 2 s 3(xix)
Commutation of Capital Sentence
s
665 om 1922 13 Geo 5 No. 2 s 3(xix)
Whipping s 666
om
1986 No. 1 s 89 CHAPTER 66—EXECUTION OF SENTENCE
ch
hdg om 1995 No. 37 s 459(2) sch 3 pt 1 div
2 Levy of fine and costs on conviction for
defamation s 667 reloc (as 1889 53 Vic No. 12 s 38)
1995 No. 37 s 459(2) sch 3 pt 1 div 2 Definitions s 668
prev
s 668 om 1913 4 Geo 5 No. 23 s 2(1) pres s 668 ins
1913 4 Geo 5 No. 23 ss 3–4 amd 1961 10 Eliz 2 No. 11 s 35; 1992
No. 48 s 207 sch def Court sub 1991 No. 68 s
111 sch 2 def sentence amd 1989 No. 17 s
54 Reference by Attorney-General of pre-trial
direction or ruling s 668A prev s 668A ins
1913 4 Geo 5 No. 23 ss 3, 5 amd 1986 No. 1 s 90
om
1991 No. 68 s 111 sch 2 pres s 668A ins 2003 No. 55 s
30 Reservation of points of law
s
668B ins 1913 4 Geo 5 No. 23 ss 3, 6
amd
1980 No. 35 s 4(1) sch 1 Appeal from arrest of judgment
s
668C ins 1913 4 Geo 5 No. 23 ss 3, 7
Right
of appeal s 668D ins 1913 4 Geo 5
No. 23 ss 3, 8 amd 1997 No. 82 s 3 sch; 1999 No. 66 s
15 Page 554 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Determination of appeal in ordinary
cases s 668E ins 1913 4 Geo 5
No. 23 ss 3, 9 Powers of Court in special cases
s
668F ins 1913 4 Geo 5 No. 23 ss 3, 10
Power
to grant new trial s 669 prev s 669 om 1913 4 Geo 5 No. 23 s
2(1) pres s 669 ins 1913 4 Geo 5 No. 23 ss 3,
11 amd 2003 No. 55 s 31; 2006 No. 29 s 518 sch
3 Appeal by Attorney-General
s
669A ins 1939 3 Geo 6 No. 28 s 4
sub
1975 No. 27 s 34 amd 1989 No. 17 s 55; 1993 No. 68 s 11; 1997
No. 3 s 119; 1997 No. 38 s 13; 2002 No. 39 s
145; 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115, 118);
2005
No. 70 s 166 sch; 2009 No. 34 s 45(1) sch pt 1 amdt 12
Revesting and restitution of property on
conviction s 670 prev s 670 om 1913 4 Geo 5 No. 23 s
2(1) pres s 670 ins 1913 4 Geo 5 No. 23 ss 3,
12 amd 1986 No. 1 s 91; 1992 No. 48 s 207
sch Time for appealing s 671
prev
s 671 om 1913 4 Geo 5 No. 23 s 2(1) pres s 671 ins
1913 4 Geo 5 No. 23 ss 3, 13 amd 1922 13 Geo 5
No. 2 s 3(xx); 1986 No. 1 s 92; 1997 No. 9 s 25 Judge’s notes and
report to be furnished on appeal s 671A
ins
1913 4 Geo 5 No. 23 ss 3, 14 Supplemental
powers s 671B ins 1913 4 Geo 5
No. 23 ss 3, 15 Legal Assistance to Appellant
s
671C ins 1913 4 Geo 5 No. 23 ss 3, 16
om
1974 No. 3 s 3(1)(b) Right of appellant to be present
s
671D ins 1913 4 Geo 5 No. 23 ss 3, 17
Appeals permitted in writing
s
671E ins 1913 4 Geo 5 No. 23 ss 3, 18
Costs
of appeal s 671F ins 1913 4 Geo 5
No. 23 ss 3, 19 amd 1975 No. 27 s 35 Grant of bail to
appellant and custody when attending Court s 671G
ins
1913 4 Geo 5 No. 23 ss 3, 20 amd 1980 No. 35 s
4(1) sch 1; 1986 No. 1 s 93; 1988 No. 88 s 5 sch 2; 2002
No.
23 s 32 Current as at 27 November 2013
Page
555
Criminal Code Act 1899 Endnotes
Duties of registrar s 671H
ins
1913 4 Geo 5 No. 23 ss 3, 21 amd 1961 10 Eliz
2 No. 11 s 36; 1975 No. 27 s 36; 2000 No. 63 s 276 sch 2;
2006
No. 29 s 518 sch 3 Documents, exhibits etc. s 671J
ins
1913 4 Geo 5 No. 23 ss 3, 22 Recording of
trial proceedings s 671K ins 1913 4 Geo 5
No. 23 ss 3, 23 sub 1986 No. 1 s 94 amd 1997 No. 82 s
3 sch; 2000 No. 46 s 3 sch; 2005 No. 70 s 166 sch; 2013
No. 3
s 61 sch 2 Powers exercisable by a Judge
s
671L ins 1913 4 Geo 5 No. 23 ss 3, 24
amd
1980 No. 35 s 4(1) sch 1 Appeals from the decisions of the
Court s 672 prev s 672 om 1913 4 Geo 5 No. 23 s
2(1) pres s 672 ins 1913 4 Geo 5 No. 23 ss 3,
25 amd 1980 No. 35 s 4(1) sch 1
Pardoning power preserved s 672A
ins
1913 4 Geo 5 No. 23 ss 3, 26 amd 1922 13 Geo 5
No. 2 s 3(xxi); 2005 No. 70 s 166 sch Appeals from
summary convictions s 673 sub 1975 No. 27 s 37
om
1997 No. 38 s 14 Appeal from Summary Convictions to District
Court s 674 om 1975 No. 27 s 38
Conditional remission of sentence by
Governor s 675 amd 1988 No. 88 s 5 sch 2
Pardon in case of imprisonment for
non-payment of money s 676 amd 1997 No. 82 s
3 sch CHAPTER 68—EXCEPTIONS TO DOUBLE JEOPARDY
RULES ch hdg prev ch 68 hdg om
1992 No. 44 s 235 sch 3 pres ch 68 hdg ins 2007 No. 49 s
4 Definitions s 678
prev
s 678 amd 1971 No. 41 s 7; 1986 No. 1 s 95 om 1992 No. 44 s
235 sch 3 pres s 678 ins 2007 No. 49 s 4
Application of ch 68 s 678A
ins
2007 No. 49 s 4 Court may order retrial for murder—fresh and
compelling evidence s 678B ins 2007 No. 49 s
4 Page 556 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Court
may order retrial for 25 year offence—tainted acquittal
s
678C ins 2007 No. 49 s 4 Fresh and
compelling evidence—meaning s 678D
ins
2007 No. 49 s 4 Tainted acquittal—meaning s 678E
ins
2007 No. 49 s 4 Interests of justice—matters for
consideration s 678F ins 2007 No. 49 s
4 Application for retrial—procedure
s
678G ins 2007 No. 49 s 4 Retrial
s
678H ins 2007 No. 49 s 4 Authorisation of
police investigations s 678I ins 2007 No. 49 s
4 Bail s 678J ins 2007 No. 49 s
4 Restrictions on publication
s
678K ins 2007 No. 49 s 4 Search
warrant s 679 amd 1943 7 Geo 6 No. 14 s 27; 1964 No.
14 s 20 om 2000 No. 5 s 373 sch 2
CHAPTER 69—SEIZURE AND
DETENTION OF
PROPERTY CONNECTED
WITH OFFENCES—RESTITUTION OF
PROPERTY UNLAWFULLY ACQUIRED
ch
hdg amd 2000 No. 43 s 32 Search of
aircraft s 679A ins 1964 No. 14 s
21 amd 2007 No. 37 s 42 sch Powers of police
officers in respect of offences relating to certain animals
s
679B ins 1973 No. 88 s 12 amd 1986 No. 1 s
96 om 2000 No. 5 s 461 sch 3
Power
of search on arrest s 680A ins 1943 7 Geo 6
No. 14 s 28 om 2000 No. 5 s 373 sch 2
Seizure of counterfeit coin, tools for
coining etc. s 681 om 1997 No. 3 s 120 sch 1
Women
detained for immoral purposes s 684
om
2000 No. 43 s 33 Current as at 27 November 2013
Page
557
Criminal Code Act 1899 Endnotes
Restitution of Property s 685
om
1992 No. 48 s 207 sch Orders for restitution and
compensation s 685A ins 1975 No. 27 s
39 amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s
56(a) om 1992 No. 48 s 207 sch Orders for
delivery of certain property s 685B
ins
1986 No. 1 s 97 amd 2000 No. 5 s 373 sch 2
Information by leave of the Court by private
prosecutors s 686 amd R1 (see RA s 39)
Effect of judgment for prosecutor on
demurrer s 692 prov hdg amd 1908 8 Edw 7
No. 18 s 5 sch 3 Costs of defence s 694
amd
2010 No. 2 s 89 sch 1; 2010 No. 42 s 22 Practice to be
applied on ex officio indictment s 695 prov
hdg amd 2002 No. 68 s 308 Power to protect
victim of violence by prohibiting publication of information
about proceedings s 695A
ins
1995 No. 54 s 45 sch 2 amd 2009 No. 35 s 203
Warrant for release of person detained in
custody s 696 prev s 696 om 1997 No. 3 s 120 sch
1 pres s 696 ins 2011 No. 45 s 117
Court
may direct certain persons to be prosecuted for perjury
s
697 amd 1980 No. 35 s 4(1) sch 1
Committal of fraudulent debtors
s
698 amd 1900 64 Vic No. 7 s 1 sch; 1980 No. 35 s
4(1) sch 1 om 1997 No. 3 s 120 sch 1
Custody of girls under 18 prov hdg
amd
1913 4 Geo 5 No. 25 s 2(vi); 1974 No. 57 s 8 sch
s
701 amd 1913 4 Geo 5 No. 25 s 2(vi); 1943 7 Geo
6 No. 14 s 29; 1974 No. 57 s 8 sch
om
2000 No. 43 s 34 Limitation of Proceeding s 703
om
1974 No. 75 s 4 sch No court fees in criminal cases
s
704 amd 2012 No. 17 s 17 Copies of
depositions to be allowed to persons committed for trial
s
705 amd 1980 No. 35 s 4(1) sch 1
Page
558 Current as at 27 November 2013
Criminal Code Act 1899 Endnotes
Development of administrative
arrangements s 706A ins 2010 No. 26 s
37 Forms of criminal proceedings
s
707 amd 1913 4 Geo 5 No. 23 s 2(3); 1980 No. 35
s 4(1) sch 1; 1989 No. 17 s 57 sub 1995 No. 58 s
4 sch 1 Regulation-making power s 708
prev
s 708 ins 1997 No. 38 s 15 exp 1 August 1999 (see prev s
708(3)) pres s 708 ins 2003 No. 55 s 32
Criteria for recommending an entity be
declared a criminal organisation s 708A
ins
2013 No. 45 s 49 PART 1—TRANSITIONAL PROVISION
AMENDMENT ACT 1997 pt hdg
ins
1999 No. 18 s 4 om 1999 No. 66 s 6 sch FOR
THE COURTS REFORM
PART 2—TRANSITIONAL PROVISION
FOR (STALKING) AMENDMENT ACT 1999
pt
hdg ins 1999 No. 18 s 5 om 1999 No. 66 s
6 sch THE CRIMINAL CODE
PART
9—TRANSITIONAL AND VALIDATION PROVISIONS pt hdg
ins
1999 No. 66 s 6 sch amd 2002 No. 68 s 309 CHAPTER
72—TRANSITIONAL PROVISION FOR ACT NO. 18 OF 1999
ch
hdg prev ch 72 hdg ins 1999 No. 18 s 4
om
1999 No. 66 s 6 sch pres ch 72 hdg ins 1999 No. 66 s 6
sch Transitional provision for Act No. 18 of
1999 prov hdg sub 1999 No. 66 s
6 sch s 709 ins 1999 No. 18 s 5
CHAPTER 73—TRANSITIONAL PROVISION
FOR JUSTICE LEGISLATION (MISCELLANEOUS
PROVISIONS) ACT (No. 2) 1999 ch 73 (s
710) ins 1999 No. 66 s 16 CHAPTER
74—TRANSITIONAL PROVISION
FOR CRIMINAL LAW
AMENDMENT ACT 2000 ch 74 (s
711) ins 2000 No. 43 s 35 CHAPTER
75—TRANSITIONAL PROVISION
FOR CRIMINAL LAW
AMENDMENT ACT 2002 ch 75 (s
712) ins 2002 No. 23 s 33 CHAPTER
76—TRANSITIONAL PROVISION
FOR SEXUAL OFFENCES
(PROTECTION OF CHILDREN) AMENDMENT ACT
2003 ch 76 (s 713) ins 2003 No. 3 s
19 Current as at 27 November 2013
Page
559
Criminal Code Act 1899 Endnotes
CHAPTER 77—VALIDATION PROVISION
FOR CRIMINAL PROCEEDS
CONFISCATION ACT 2002 ch 77 (s
714) ins 2002 No. 68 s 310 CHAPTER
78—TRANSITIONAL PROVISION FOR EVIDENCE (PROTECTION
OF
CHILDREN) AMENDMENT ACT 2003 ch 78 (s
715) ins 2003 No. 55 s 33 CHAPTER
79—TRANSITIONAL PROVISION FOR DEFAMATION ACT 2005
ch 79
(s 716) ins 2005 No. 55 s 48 sch 4
CHAPTER 80—TRANSITIONAL PROVISION
FOR CRIMINAL CODE
AMENDMENT ACT 2006 ch 80 (s
717) ins 2006 No. 30 s 5 CHAPTER
81—TRANSITIONAL PROVISION
FOR JUSTICE AND
OTHER LEGISLATION
AMENDMENT ACT 2007 ch 81 (s 718) ins 2007 No. 37 s
44 CHAPTER 82—TRANSITIONAL PROVISION
FOR CRIMINAL CODE
AND OTHER ACTS AMENDMENT ACT 2008
ch
hdg ins 2008 No. 55 s 120 References to
particular offences s 719 ins 2008 No. 55 s 120
amd
2010 No. 2 s 89 sch 1 CHAPTER 83—TRANSITIONAL PROVISION
FOR CRIMINAL CODE
AND JURY AND ANOTHER ACT AMENDMENT ACT
2008 ch 83 (s 720) ins 2008 No. 50 s
6 CHAPTER 84—TRANSITIONAL PROVISION
FOR JUSTICE AND
OTHER LEGISLATION
AMENDMENT ACT 2008, PART 8 ch 84 (s 721) ins 2008 No. 59 s
30 CHAPTER 85—TRANSITIONAL PROVISION
FOR THE CRIMINAL
CODE (MEDICAL
TREATMENT) AMENDMENT ACT 2009 ch 85 (s
722) ins 2009 No. 33 s 4 CHAPTER
86—TRANSITIONAL PROVISIONS FOR
CRIMINAL CODE
(ABUSIVE DOMESTIC
RELATIONSHIP DEFENCE
AND ANOTHER MATTER)
AMENDMENT ACT 2010 ch 86 (s 723) ins 2010 No. 1 s
5 CHAPTER 87—TRANSITIONAL PROVISION FOR MEMBERS
OF QR GROUP ch 87 (s 724) ins 2010 No. 19 s
24 CHAPTER 88—TRANSITIONAL PROVISIONS FOR CIVIL
AND CRIMINAL JURISDICTION REFORM AND MODERNISATION
AMENDMENT ACT 2010 ch hdg
(prev
ch 87 hdg) ins 2010 No. 26 s 38 renum 2010 No. 42
s 23(1) Page 560 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
Definitions for ch 88 prov hdg
amd
2010 No. 42 s 23(2) s 725 (prev s 724) ins 2010 No. 26 s
38 renum 2010 No. 42 s 23(1)
New disclosure provisions apply
only to
prosecutions commenced
after commencement s 726
(prev
s 725) ins 2010 No. 26 s 38 renum 2010 No. 42 s 23(1)
New
summary disposition provisions apply only to prosecutions commenced
after commencement s 727
(prev
s 726) ins 2010 No. 26 s 38 renum 2010 No. 42 s 23(1)
CHAPTER 89—TRANSITIONAL PROVISION
FOR CRIMINAL CODE
AND OTHER LEGISLATION AMENDMENT ACT
2011 ch 89 (s 728) ins 2011 No. 7 s
11 CHAPTER 90—TRANSITIONAL PROVISION
FOR CRIMINAL LAW
AMENDMENT ACT 2012 ch 90 (s
729) ins 2012 No. 19 s 5 CHAPTER
91—TRANSITIONAL PROVISIONS FOR CRIMINAL LAW (CHILD
EXPLOITATION AND DANGEROUS DRUGS) AMENDMENT
ACT 2013 ch 91 (s 730) ins 2013 No. 14 s
27 CHAPTER 92—TRANSITIONAL PROVISION
FOR CRIMINAL LAW
(CRIMINAL ORGANISATIONS DISRUPTION) AND
OTHER LEGISLATION
AMENDMENT ACT 2013 ch 92 (s 731) ins 2013 No. 64 s
50 9 Forms notified or published in the
gazette Lists of forms are no longer included in
reprints. Now see the separate forms document published
on the website
of the Office
of the Queensland
Parliamentary Counsel
at <www.legislation.qld.gov.au>
under Information—Current annotations. This document is
updated weekly and the most recent changes
are marked with a change bar. Current as at 27
November 2013 Page 561
Criminal Code Act 1899 Endnotes
10 Transitional and savings provisions
for Criminal Code Section 2 of the
Criminal Code Amendment Act of 1922 provides— 2
Abolition of capital punishment
The sentence of
punishment by
death shall
no longer be
pronounced or recorded, and the punishment
of death shall no longer be inflicted. Section 3 of the
Criminal Code Amendment Act 1968 provides— 3
Application of Act This Act does
not apply in respect of compensation for injury suffered before
the commencement of this Act. Sections 9–10 of
the Criminal Code and the Offenders Probation and Parole Act
Amendment Act 1971 provides—
9 References in Acts (other than this
Act) to Wilful Murder A reference
in any Act
(other than
this Act),
or in any
instrument made under any such Act,
to— (a) “wilful murder”; (b)
“wilful murder or murder”;
(c) “wilful murder and murder”;
(d) “wilful murder, murder”,
shall, unless the context is such that it
would be inappropriate or the
contrary intention
appears, be
read as
a reference to
“murder” and
the Act or
instrument shall
have effect
accordingly. 10
Transitional (1)
Where a
person is
charged on
indictment with
an offence against
section 301
of The Criminal
Code before
the commencement of this Act and the trial
on the indictment is Page 562 Current as at 27
November 2013
Criminal Code Act 1899 Endnotes
continued after
that commencement, the
trial shall
be continued, and
punishment shall
be imposed and
enforced upon a
conviction in the proceedings, as if this Act had not
been
passed. (2) Where before
the commencement of
this Act
a person has
committed an
offence against
section 301
of The Criminal
Code in
respect of
which he
has not been
charged on
indictment before
that commencement, he
may be charged
under section 302 of The Criminal
Code as amended by this part of this Act
in respect of the act or omission constituting the offence as
if at the time of doing the act or making the omission
constituting the offence as if at the time of doing the
act
or making the omission the said section 302 as so amended
had
been of force and effect. Section 19
of the Justices
Act and the
Criminal Code
Amendment Act
1977 provides—
19 Notes to sections of Code deemed to be
headings Where, in
the form in
which a
section inserted
by way of
amendment in The Criminal
Code was enacted, there appears
a
note in and at the beginning of the section it shall be
deemed that such
note is
and was enacted
as a heading
appearing immediately above
the section in
and at the
beginning of
which it appears. Section 3 of the
Regulatory Offences Act 1985 provides— 3
Act
not to alter The Criminal Code Subject
to the provisions of
section 10,
nothing in
this Act
shall be
construed to
alter the
provisions of
The Criminal Code.
Current as at 27 November 2013
Page
563
Criminal Code Act 1899 Endnotes
Section 16 the Criminal Code and Another Act
Amendment Act 1990 provides— 16
Transitional (1)
Subject to
subsection (2),
a person who
before the
commencement of this Act commits—
(a) an offence
defined in
sections 208
(1) or (3)
of The Criminal
Code as
it exists immediately before
the commencement; or (b)
an offence defined
in section 209
or 535 of
The Criminal Code constituted by
an attempt to commit an offence defined in paragraph
(a); cannot thereafter be
convicted of
the offence unless
it is committed
in respect of
a person not
an adult within
the meaning of The Criminal
Code (3) A person who, before the commencement
of this Act commits an offence defined in section 211 of
The
Criminal Code as it existed
immediately before
the commencement, cannot
thereafter be convicted of the
offence. (4) A provision
of this section
stating that
a person cannot
be convicted after the commencement of
this Act of an offence defined in
a specified section
of The Criminal
Code committed before
the commencement does not have the effect that such a
person cannot be charged convicted and punished for an offence
defined in some other section of The
Criminal Code where
the circumstances in
question constitute an
offence defined in that other
section. © State of Queensland 2013
Authorised by the Parliamentary
Counsel Page 564 Current as at 27
November 2013