Criminal Code Act 1899


Queensland Crest
Criminal Code Act 1899
Queensland Criminal Code Act 1899 Current as at 27 November 2013
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, 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. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indecent treatment of children under 16. . . . . . . . . . . . . . . . . . . . Bestiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . Conspiracy to defile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Incest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attempts to procure abortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . The like by women with child . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplying drugs or instruments to procure abortion . . . . . . . . . . Indecent acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing in contaminated goods . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for ch 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assaults unlawful . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Execution of sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Execution of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Execution of warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other cases of preventing escape from arrest . . . . . . . . . . . . . . . Preventing escape or rescue after arrest . . . . . . . . . . . . . . . . . . . Preventing a breach of the peace. . . . . . . . . . . . . . . . . . . . . . . . . Suppression of riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defence of dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surgical operations and medical treatment . . . . . . . . . . . . . . . . . Palliative care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Excessive force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Killing unborn child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rape. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attempt to commit rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assault with intent to commit rape . . . . . . . . . . . . . . . . . . . . . . . . Sexual assaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences against liberty Kidnapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kidnapping for ransom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deprivation of liberty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What is unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What is immaterial for unlawful stalking . . . . . . . . . . . . . . . . . . . . Particular conduct that is not unlawful stalking. . . . . . . . . . . . . . . Punishment of unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . . Court may restrain unlawful stalking. . . . . . . . . . . . . . . . . . . . . . . Offences relating to marriage and parental rights and duties Bigamy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unlawful celebration of marriage . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences relating to property and contracts Stealing and like offences Stealing Things capable of being stolen. . . . . . . . . . . . . . . . . . . . . . . . . . . Definition of stealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Funds etc. held under direction . . . . . . . . . . . . . . . . . . . . . . . . . . Funds etc. received by agents for sale . . . . . . . . . . . . . . . . . . . . . Money received for another . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stealing by persons having an interest in the thing stolen . . . . . . Punishment of stealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences analogous to stealing Fraudulent concealment of particular documents . . . . . . . . . . . . Severing with intent to steal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bringing stolen goods into Queensland . . . . . . . . . . . . . . . . . . . . Unlawful use or possession of motor vehicles, aircraft or vessels Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obtaining or dealing with identification information . . . . . . . . . . . Computer hacking and misuse . . . . . . . . . . . . . . . . . . . . . . . . . . . Stealing with violence—extortion by threats Definition of robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Punishment of robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attempted robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assault with intent to steal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Demanding property with menaces with intent to steal . . . . . . . . Extortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taking control of aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . 442I Penalty on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442J Court may order withdrawal of trifling or technical cases . . . . . . . 442K Witness giving answers criminating himself or herself . . . . . . . . . 442L Certificate to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442M Custom of itself no defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 459 Acts done with intent to defraud . . . . . . . . . . . . . . . . . . . . . . . . . . 279 Chapter 46 Offences 461 Arson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 462 Endangering particular property by fire . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . Arrest without warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forgery and like offences—personation Forgery in general—definitions Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Punishment of forgery and like offences Forgery and uttering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Falsifying warrants for money payable under public authority . . . Falsification of registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Falsely acknowledging deeds, recognisances etc.. . . . . . . . . . . . Offences connected with trade and breach of contract Other offences Mixing uncertified with certified articles . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . Punishment of accessories after the fact to offences . . . . . . . . . . Procedure Arrest Chapter does not apply to police officers . . . . . . . . . . . . . . . . . . . Arrest without warrant generally . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrest of persons offering stolen property for sale etc.. . . . . . . . . Duty of persons arresting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Excluded offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presenting indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Place where indictment is presented . . . . . . . . . . . . . . . . . . . . . . Ex officio indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrest of person charged in ex officio indictment . . . . . . . . . . . . . Nolle prosequi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General rules applicable to indictments . . . . . . . . . . . . . . . . . . . . Particular indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joinder of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cases in which several charges may be joined . . . . . . . . . . . . . . Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statement of previous conviction . . . . . . . . . . . . . . . . . . . . . . . . . Formal defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of indictments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summary convictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of indictment Offences involving circumstances of aggravation. . . . . . . . . . . . . Indictment containing count of murder or manslaughter . . . . . . . Charge of homicide of child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charge of offence of a sexual nature . . . . . . . . . . . . . . . . . . . . . . Charge of specific injury—charge of injury with specific intent . . Charge of injury to property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences of dishonesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charge of procuring commission of offence or wrongful act . . . . Conviction for attempt to commit offence . . . . . . . . . . . . . . . . . . . When evidence shows offence of similar nature . . . . . . . . . . . . . Effect of conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter division 2 Directions and rulings before trial 590AA Pre-trial directions and rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . 590AAA Noncompliance with direction about disclosure . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . Chapter subdivision C Disclosure 590AH Disclosure that must always be made . . . . . . . . . . . . . . . . . . . . . 590AI When mandatory disclosure must be made . . . . . . . . . . . . . . . . . 590AJ Disclosure that must be made on request . . . . . . . . . . . . . . . . . . 590AK When requested disclosure must be made . . . . . . . . . . . . . . . . . 590AL Ongoing obligation to disclose . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590F Subject matter for disclosure obligation direction . . . . . . . . . . . . . 590G Application for disclosure obligation direction. . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter division 9 Pleas 597C Accused person to be called on to plead to indictment . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615D Particular proceedings excluded from application . . . . . . . . . . . . 615E References to trial by jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631A Plea of guilty during trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 63 Evidence—presumptions of fact 632 Corroboration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634 Evidence on trials for perjury and subornation . . . . . . . . . . . . . . . 635 Evidence of previous conviction . . . . . . . . . . . . . . . . . . . . . . . . . . 636 Evidence of blood relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . 638 Evidence of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nonattendance of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . Noncompliance is contempt of court . . . . . . . . . . . . . . . . . . . . . . Verdict—judgment Accused person insane during trial . . . . . . . . . . . . . . . . . . . . . . . Discharge of persons acquitted . . . . . . . . . . . . . . . . . . . . . . . . . . Acquittal on ground of insanity . . . . . . . . . . . . . . . . . . . . . . . . . . . Convicted person to be called on to show cause . . . . . . . . . . . . . Arrest of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reference by Attorney-General of pre-trial direction or ruling . . . Reservation of points of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for the Criminal Code (Medical Treatment) Amendment Act 2009 Retrospective application of amendment . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . 465 466 467 467 467 469 469 471 471 Endnotes 1 2 3 4 5 6 7 8 9 10 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 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 Part 1 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 41
Schedule 1 The Criminal Code Part 1 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 Part 1 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 49
Schedule 1 The Criminal Code Part 1 Introductory Chapter 3 Application of criminal law [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 51
Schedule 1 The Criminal Code Part 1 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
Schedule 1 The Criminal Code 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 57
Schedule 1 The Criminal Code Part 2 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 November 2013
Schedule 1 The Criminal Code Part 2 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
Schedule 1 The Criminal Code Part 2 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
Schedule 1 The Criminal Code 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 61
Schedule 1 The Criminal Code Part 2 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
Schedule 1 The Criminal Code 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
Schedule 1 The Criminal Code 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 Page 65
Schedule 1 The Criminal Code Part 2 Offences against public order Chapter 8 Offences 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
Schedule 1 The Criminal Code 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
Schedule 1 The Criminal Code 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 Current as at 27 November 2013
Schedule 1 The Criminal Code 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 Page 69
Schedule 1 The Criminal Code Part 2 Offences against public order Chapter 9 Breaches 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 November 2013
Schedule 1 The Criminal Code Part 2 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 Page 89
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 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 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 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 Page 91
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 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 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 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
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 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 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 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 Page 95
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 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 November 2013
Schedule 1 The Criminal Code Part 3 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
Schedule 1 The Criminal Code Part 3 Offences against the administration of law and justice, against office and against public authority Chapter 16 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 November 2013
Schedule 1 The Criminal Code Part 3 Offences against the administration of law and justice, against office and against public authority Chapter 16 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 Page 99
Schedule 1 The Criminal Code Part 3 Offences against the administration of law and justice, against office and against public authority Chapter 16 Offences relating to the administration of justice [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 November 2013
Schedule 1 The Criminal Code Part 3 Offences against the administration of law and justice, against 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 November 2013 Page 101
Schedule 1 The Criminal Code Part 3 Offences against the administration of law and justice, against office and against public authority Chapter 16 Offences relating to the administration of justice [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. Page 102 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 16 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 November 2013 Page 103
Schedule 1 The Criminal Code Part 3 Offences against the administration of law and justice, against office and against public authority Chapter 16 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 104 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 16 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 Page 105
Schedule 1 The Criminal Code Part 3 Offences against the administration of law and justice, against office and against public authority Chapter 16 Offences relating to the administration of justice [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 106 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 16 Offences relating to the administration of justice [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 107
Schedule 1 The Criminal Code Part 3 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
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 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
Schedule 1 The Criminal Code 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
Schedule 1 The Criminal Code Part 3 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
Schedule 1 The Criminal Code 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