Criminal Code Act 1899

An Act to establish a Code of Criminal Law

Preamble

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

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

1Short title

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

2Establishment 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.

3Saving

However—

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

(b)when any enactment not mentioned in the schedules has been repealed, confirmed, revived, or perpetuated, by any enactment hereby repealed, such repeal, confirmation, reviver, or perpetuation, shall not be affected by the repeal effected by this Act;

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

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same respectively may have been in any manner affirmed, recognised or derived, by, in, or from, any enactment hereby repealed;

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

4Construction 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.

5Provisions of Code exclusive with certain exceptions

From and after the coming into operation of the Code, no person shall be liable to be tried or punished in Queensland as for an indictable offence except under the express provisions of the Code or some other statute law of Queensland, or under the express provisions of some statute of the United Kingdom which is expressly applied to Queensland, or which is in force in all parts of 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.

6Civil 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.

s 6 amd 1997 No. 3 s 4; 1997 No. 82 s 3 sch

7Offender 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.

8Contempt of court

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

section 2

sch 2 om R1 (see RA s 40)

sch 3 amd 1900 64 Vic No. 7 s 1 sch

om R1 (see RA s 40)

sch 4 om R1 (see RA s 40)

Note—By s 19 of Act No. 13 of 1977 notes to certain sections of the Criminal Code shall be deemed to be headings to such sections

Index amd 1982 No. 59 s 4; 1984 No. 32 s 5; 1989 No. 17 s 58; 1990 No. 93 s 3

om R1 (see RA s 36)

pt 1 ch 6 hdg om 1997 No. 3 s 120 sch 1

1Definitions

In this Code—

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

def adult ins 1989 No. 17 s 4

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

def adult entertainment ins 1999 No. 73 s 171(2)

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

def adult entertainment permit ins 1999 No. 73 s 171(2)

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

def affected child ins 2003 No. 55 s 10

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

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

A flight of an aircraft shall be deemed to commence—

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

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

shall be deemed to end—

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

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

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

def aircraft ins 1964 No. 14 s 2(a)

animal includes any living creature other than mankind.

def animal ins 1986 No. 1 s 3

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

def anonymising service ins 2016 No. 62 s 61(2)

approved manager means an approved manager under the Prostitution Act 1999.

def approved manager ins 1999 No. 73 s 171(2)

arresting officer—

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

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

def arresting officer ins 2003 No. 55 s 10

sub 2010 No. 26 s 16

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.

def benefit ins 1997 No. 3 s 6(2)

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

def bet or make a bet ins 2014 No. 39 s 25

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.

def brothel licence ins 1999 No. 73 s 171(2)

canal includes aqueduct.

def canal ins 2008 No. 55 s 4(2)

carnal knowledge see section 6.

def carnal knowledge ins 1997 No. 3 s 6(2)

om 2004 No. 43 s 3 sch

def carnal knowledge ins 2003 No. 55 s 10

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

def child exploitation material ins 2005 No. 9 s 4

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 ...

def classification officer ins 2005 No. 9 s 4

om 2017 No. 17 s 111(1)

classified, for chapter 22, see section 207A.

def classified ins 2005 No. 9 s 4

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.

def clerk and servant amd 1997 No. 35 s 36 sch

committal for trial includes committal for sentence.

def committal for trial ins 1975 No. 27 s 2(a)

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

def Commonwealth Classification Act ins 2017 No. 17 s 111(2)

company means an incorporated company.

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

def computer game ins 2005 No. 9 s 4

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.

def computer generated image ins 2003 No. 3 s 14A

conduct, for chapter 23, see section 230A.

def conduct ins 2005 No. 70 s 53

consent, for chapter 32, see section 348.

def consent ins 2000 No. 43 s 15(2)

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

def consort ins 2016 No. 62 s 140

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

def conviction ins 2016 No. 62 s 140

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

def court ins 2003 No. 55 s 10

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

def crematorium ins 2011 No. 7 s 3

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

def criminal history ins 2003 No. 55 s 10

criminal organisation—

(a)generally—has the meaning given by the Penalties and Sentences Act 1992, section 161O; and

(b)for sections 60A and 60B—includes an entity declared by regulation to be a criminal organisation.

def criminal organisation ins 2009 No. 53 s 145(1)

sub 2013 No. 45 s 41

amd 2013 No. 64 s 48

sub 2016 No. 62 s 61

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.

def Crown Law Officer amd 1984 No. 95 s 34(3); 2000 No. 46 s 3 sch

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.

def damage ins 2008 No. 55 s 4(2)

detriment, caused to a person, includes detriment caused to a person’s property.

def detriment ins 2008 No. 55 s 4(2)

disclose ...

def disclose ins 2003 No. 55 s 10

om 2008 No. 55 s 4(1)

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

def disclosure obligation ins 2010 No. 26 s 16(2)

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

def disclosure obligation direction ins 2010 No. 26 s 16(2)

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

def distribute ins 2016 No. 62 s 61(2)

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.

def document ins 1997 No. 3 s 6(2)

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.

def domestic relationship ins 2011 No. 7 s 3

sub 2012 No. 5 s 216

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

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

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

Note—

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

def domestic violence offence ins 2015 No. 17 s 3

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

def DPP presenter ins 2002 No. 68 s 302

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.

def dwelling amd 1997 No. 3 s 6(3)

encourage, for chapter 43, see section 443.

def encourage ins 2014 No. 39 s 25

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

def Evidence Act section 93A device statement ins 2010 No. 2 s 89 sch 1

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

def exculpatory thing ins 2003 No. 55 s 10

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.

def family ins 2002 No. 23 s 8

film, for chapter 22, see section 207A.

def film ins 2005 No. 9 s 4

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.

def forge ins 1997 No. 3 s 6(2)

genitalia includes surgically constructed genitalia.

def genitalia ins 2000 No. 43 s 15(2)

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.

def grievous bodily harm sub 1997 No. 3 s 6(1)–(2)

have in possession ...

def have in possession see possession

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

def hidden network ins 2016 No. 62 s 61(2)

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

def indecent matter ins 2003 No. 3 s 14A

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

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

def information ins 2016 No. 62 s 61(2)

inland water includes river, canal and reservoir.

def inland water ins 2008 No. 55 s 4(2)

intellectually impaired person ...

def intellectually impaired person ins 1992 No. 65 s 6

om 2008 No. 55 s 4(1)

judicial officer includes—

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

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

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

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

def judicial officer ins 2002 No. 23 s 8

amd 2014 No. 21 s 94(2) sch 2

judicial proceeding, for chapter 16, see section 119.

def judicial proceeding ins 2002 No. 23 s 8

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

law enforcement agency means—

(a)the Queensland Police Service; or

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

(c)the Crime and Corruption Commission; or

(d)any other entity of—

(i)another State; or

(ii)the Commonwealth;

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

def law enforcement agency ins 2005 No. 70 s 53

sub 2009 No. 53 s 145(2)

amd 2014 No. 21 s 94(2) sch 2

law enforcement officer means—

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

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

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

def law enforcement officer ins 2005 No. 70 s 53

sub 2009 No. 53 s 145(2)

amd 2014 No. 21 s 94(2) sch 2; 2016 No. 19 s 46 sch 1

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

licensed brothel has the meaning given by the Prostitution Act 1999, schedule 4.

def licensed brothel ins 1999 No. 73 s 171(2)

licensee, for a licensed brothel, means the person who holds the brothel licence for the brothel under the Prostitution Act 1999.

def licensee ins 1999 No. 73 s 171(2)

mail ...

def mail om 1997 No. 3 s 6(1)

mail conveyance ...

def mail conveyance om 1997 No. 3 s 6(1)

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

def match-fixing arrangement ins 2014 No. 39 s 25

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

def match-fixing conduct ins 2014 No. 39 s 25

material, for chapter 22, see section 207A.

def material ins 2005 No. 9 s 4

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.

def motor vehicle ins 1964 No. 14 s 2(b)

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

def network ins 2016 No. 62 s 61(2)

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

observe, for chapter 22, see section 207A.

def observe ins 2005 No. 70 s 53

occupier, for chapter 23, see section 230A.

def occupier ins 2005 No. 70 s 53

offence see section 2.

def offence ins 2003 No. 55 s 10

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

def original evidence ins 2003 No. 55 s 10

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

def participant ins 2016 No. 62 s 61(2)

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

def party ins 2010 No. 26 s 16(2)

penetrate, for chapter 32, see section 347.

def penetrate ins 2000 No. 43 s 15(2)

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

def penis ins 2000 No. 43 s 15(2)

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.

def person employed in the public service amd 1997 No. 3 s 6(5); 2008 No. 67 s 113; 2010 No. 19 s 23(2)–(3); 2010 No. 36 s 44; 2013 No. 19 s 120 sch 1

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.

def person with an impairment of the mind ins 2008 No. 55 s 4(2)

picture includes image including computer generated image.

def picture ins 2003 No. 3 s 14A

place, for chapter 23, see section 230A.

def place ins 2005 No. 70 s 53

police officer ...

def police officer om 2000 No. 5 s 373 sch 2

port includes harbour and dock.

def port ins 2008 No. 55 s 4(2)

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.

def possession amd 1997 No. 3 s 6(4)

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

def possession of the prosecution ins 2003 No. 55 s 10

Post and Telegraph Department ...

def Post and Telegraph Department om 1997 No. 3 s 6(1)

Postmaster-General ...

def Postmaster-General om 1997 No. 3 s 6(1)

post office and telegraph office...

def post office and telegraph office om 1997 No. 3 s 6(1)

premises includes—

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

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

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

(d)a vehicle, or a caravan; and

(e)a tent, or a cave; and

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

def premises ins 1997 No. 3 s 6(2)

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

def prescribed summary trial ins 2003 No. 55 s 10

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

def private act ins 2005 No. 70 s 53

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

def private place ins 2005 No. 70 s 53

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.

def property sub 1997 No. 3 s 6(1)–(2)

prosecution—

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

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

def prosecution ins 2003 No. 55 s 10

sub 2010 No. 26 s 16

prostitution has the meaning given by section 229E.

def prostitution ins 1992 No. 65 s 6

publication, for chapter 22, see section 207A.

def publication ins 2005 No. 9 s 4

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.

def public officer ins 1997 No. 3 s 6(2)

amd 2000 No. 46 s 3 sch

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

def public place ins 2005 No. 70 s 53

rail GOC ...

def rail GOC ins 2010 No. 19 s 23(1)

om 2013 No. 19 s 120 sch 1

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

def rail government entity ins 2013 No. 19 s 120 sch 1

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

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

def recognised offender ins 2016 No. 62 s 140

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.

def record ins 1997 No. 3 s 6(2)

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.

def registered brand and registered mark amd 1961 10 Eliz 2 No. 11 s 2

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

def relevant offence ins 2016 No. 62 s 140

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

def relevant proceeding ins 2003 No. 55 s 10

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

def sensitive evidence ins 2003 No. 55 s 10

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.

def serious disease ins 1997 No. 3 s 6(2)

sexual act ...

def sexual act ins 1992 No. 65 s 6

om 1999 No. 73 s 171(1)

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

someone, for chapter 22, see section 207A.

def someone ins 2005 No. 9 s 4

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

def spent conviction ins 2003 No. 55 s 10

sub 2016 No. 62 s 61

sporting contingency, for chapter 43, see section 443.

def sporting contingency ins 2014 No. 39 s 25

sporting event, for chapter 43, see section 443.

def sporting event ins 2014 No. 39 s 25

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

def statement ins 2003 No. 55 s 10

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

def state of undress ins 2005 No. 70 s 53

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.

def stock ins 2002 No. 23 s 8

summary conviction means summary conviction before a Magistrates Court.

telegram and thing sent by telegraph...

def telegram and thing sent by telegraph om 1997 No. 3 s 6(1)

telegraph ...

def telegraph om 1997 No. 3 s 6(1)

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

def the offender can not be arrested without warrant ins 2003 No. 55 s 10

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

def the offender may be arrested without warrant ins 2003 No. 55 s 10

thing sent by post ...

def thing sent by post om 1997 No. 3 s 6(1)

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

def trial ins 1975 No. 27 s 2(b)

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.

def unlawful game ins 2005 No. 70 s 53

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.

def vagina ins 2000 No. 43 s 15(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.

def vehicle ins 1997 No. 3 s 6(2)

amd 2008 No. 55 s 4(3)

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.

def view ins 2010 No. 2 s 89 sch 1

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

def visually record ins 2005 No. 70 s 53

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

def vulva ins 2000 No. 43 s 15(2)

woman includes any female.

def woman ins 1997 No. 3 s 6(2)

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

def writing ins 1997 No. 3 s 6(2)

s 1 amd 2000 No. 43 s 15(1)

2Definition of offence

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

3Division of offences

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

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

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

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

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

s 3 sub 1985 No. 32 s 10(a)

4Attempts 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.

5Arrest without warrant

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

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

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

6Carnal 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 anal intercourse.

s 6 amd 1990 No. 93 s 4

sub 1997 No. 3 s 7

amd 2004 No. 43 s 3 sch; 2016 No. 50 s 3

7Principal offenders

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

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

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

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

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

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

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

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

8Offences 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.

9Mode 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.

10Accessories 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.

s 10 amd 1997 No. 3 s 8

10AInterpretation 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.

s 10A ins 1997 No. 3 s 9

11Effect of changes in law

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

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

12Application 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.

s 12 sub 1989 No. 17 s 5

13Offences 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.

s 13 sub 1989 No. 17 s 6

14Offences procured in Queensland to be committed out of Queensland

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

s 14 amd 1989 No. 17 s 7

15Defence 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.

s 15 amd 2010 No. 2 s 89 sch 1

16Person 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.

17Former 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).

s 17 amd 2007 No. 49 s 3

ch hdg sub 1992 No. 48 s 207 sch

18Royal prerogative of mercy

This Code does not affect the Royal prerogative of mercy.

s 18 amd 1914 5 Geo 5 No. 22 s 2(1); 1922 13 Geo 5 No. 2 s 3(i); 1928 19 Geo 5 No. 19 s 3; 1986 No. 1 s 4; 1988 No. 88 s 5 sch 2

sub 1992 No. 44 s 235 sch 3; 1992 No. 48 s 207 sch

22Ignorance 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.

s 22 amd 1985 No. 32 s 10(b); 1992 No. 22 s 50; 1992 No. 68 s 3 sch 2; 2000 No. 46 s 3 sch

23Intention—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.

s 23 amd 1997 No. 3 s 10; 2011 No. 7 s 4; 2013 No. 35 s 42D

24Mistake of fact

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

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

25Extraordinary 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.

26Presumption 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.

27Insanity

(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.

28Intoxication

(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.

s 28 amd 1997 No. 3 s 11

29Immature 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.

s 29 amd 1976 No. 25 s 19 sch; 1989 No. 17 s 9; 1997 No. 3 s 12

30Judicial 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.

31Justification 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.

s 31 amd 1922 13 Geo 5 No. 2 s 3(iii); 1971 No. 41 s 7; 1997 No. 3 s 13; 2000 No. 43 s 16; 2008 No. 55 s 5

34Offences 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.

36Application 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.

s 36 amd 1985 No. 32 s 10(c)

44Definition of seditious intention

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

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

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

(c)to excite 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.

45Innocent 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.

46Definition of seditious enterprises etc.

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

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

(3)In this Code—

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

51Unlawful 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.

s 51 amd 1900 64 Vic No. 7 s 1 sch; 1988 No. 88 s 5 sch 2; 1997 No. 82 s 3 sch

52Sedition

(1)Any person who—

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

(b)advisedly publishes any seditious words or writing;

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

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

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

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

s 52 amd 1988 No. 88 s 5 sch 2

53Evidence 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.

s 53 prev s 53 om 1997 No. 3 s 120 sch 1

pres s 53 ins 2012 No. 18 s 2A

54Interference 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.

s 54 amd 1939 3 Geo 6 No. 28 s 3; 2008 No. 55 s 7

54ADemands with menaces upon agencies of government

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

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

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

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

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

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

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

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

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

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

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

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

(b)substantial economic loss—

(i)to the Crown; or

(ii)to a government corporation; or

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

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

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

(6)For the purposes of this section—

detriment includes destruction of or damage to—

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

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

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

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

s 54A ins 1984 No. 32 s 3

amd 1988 No. 88 s 5 sch 2; 1992 No 48 s 207 sch; R1 (see RA s 39); 1997 No. 82 s 3 sch; 2000 No. 46 s 3 sch; 2008 No. 55 s 8; 2010 No. 2 s 89 sch 1

55Interference 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.

s 55 amd 1939 3 Geo 6 No. 28 s 3; 2008 No. 55 s 9

56Disturbing the Legislature

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

(a)disturbs the Assembly; or

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

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(2)A person may be arrested without warrant.

s 56 prev s 56 amd 1939 3 Geo 6 No. 28 s 3

om 2006 No. 30 s 3

pres s 56 ins 2012 No. 18 s 2B

56ADisturbance in House when Parliament not sitting

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

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

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

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

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

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

s 56A ins 1939 3 Geo 6 No. 28 s 2

amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 7

56BGoing 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.

s 56B ins 1939 3 Geo 6 No. 28 s 2

amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 8; 2000 No. 5 s 461 sch 3

57False evidence before Parliament

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

Maximum penalty—7 years imprisonment.

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

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

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

(5)In this section—

committee see the Parliament of Queensland Act 2001, schedule.

person includes a member of the Legislative Assembly.

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

s 57 prev s 57 amd 1988 No. 88 s 5 sch 2

om 2006 No. 30 s 4

pres s 57 ins 2012 No. 18 s 3

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

(1)A person who—

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

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

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

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

commits a misdemeanour.

Maximum penalty—2 years imprisonment.

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

(3)In this section—

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

s 58 prev s 58 amd 1900 64 Vic No. 7 s 1 sch

om 2006 No. 30 s 4

pres s 58 ins 2012 No. 18 s 3

59Member 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.

s 59 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch

60Bribery of member of Parliament

(1)Any person who—

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

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

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

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

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

s 60 amd 1922 13 Geo 5 No. 26 s 2; 1988 No. 88 s 5 sch 2

ch hdg amd 2008 No. 55 s 10

60AParticipants 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 persons who are participants in a criminal organisation commits a misdemeanour.

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 activity does not include conduct constituting a simple offence or a regulatory offence.

public place means—

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

(b)a place, or part of a place, the occupier of which allows, whether or not on payment of money, members of the public to enter.

s 60A ins 2013 No. 45 s 42

amd 2016 No. 62 s 62

60BParticipants 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 a misdemeanour.

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 a misdemeanour.

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—

criminal activity does not include conduct constituting a simple offence or a regulatory offence.

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.

s 60B ins 2013 No. 45 s 42

amd 2016 No. 62 s 63

61Riot

(1)If—

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

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

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

Maximum penalty—

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

(b)if—

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

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

(c)otherwise—3 years imprisonment.

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

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

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

(3)In this section—

building includes structure.

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

s 61 sub 2008 No. 55 s 11

amd 2016 No. 62 s 65

69Going 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.

s 69 amd 1939 3 Geo 6 No. 28 s 3; 1975 No. 27 s 4; 1988 No. 88 s 5 sch 2

70Forcible entry

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

Maximum penalty—2 years imprisonment.

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

s 70 amd 2008 No. 55 s 12

71Forcible 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.

s 71 amd 2008 No. 55 s 13

72Affray

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

Maximum penalty—1 year’s imprisonment.

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

s 72 amd 1988 No. 88 s 5 sch 2; 2008 No. 55 s 14; 2013 No. 45 s 43; 2014 No. 42 s 13; 2016 No. 62 s 66

74Prize 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.

75Threatening 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.

s 75 amd 1975 No. 27 s 5; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 15

76Recruiting person to become participant in criminal organisation

(1)A person who—

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

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

      commits a misdemeanour.

Maximum penalty—500 penalty units or 5 years imprisonment.

(2)In this section—

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

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

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

s 76 prev s 76 amd 1988 No. 88 s 5 sch 2

om 1997 No. 3 s 120 sch 1

pres s 76 ins 2016 No. 62 s 67

ch hdg ins 2016 No. 62 s 141

77Definitions for chapter

In this chapter—

consort see section 77A.

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

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

relevant offence means—

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

(b)an offence against—

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

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

•section 69

•section 75

•section 77B

•section 130

•section 229H

•section 229HC

•section 229I

•section 229K

•section 317A(2)

•section 327

•section 355

•section 408D

•section 413

•section 414

•section 470A; or

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

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

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

•section 57(3) or (4)

•section 58

•section 61

•section 62

•section 63

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

•section 151B

•section 151D; or

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

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

•the Criminal Code (Cwlth), section 102.8

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

s 77 prev s 77 om 2008 No. 55 s 16

pres s 77 ins 2016 No. 62 s 141

77AMeaning of consort

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

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

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

s 77A ins 2016 No. 62 s 141

77B Habitually consorting with recognised offenders

(1)A person commits a misdemeanour if—

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

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

Maximum penalty—300 penalty units or 3 years imprisonment.

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

(3)This section does not apply to a child.

(4)In this section—

official warning, for consorting, see the Police Powers and Responsibilities Act 2000, section 53BAA.

s 77B ins 2016 No. 62 s 141

77C Particular acts of consorting to be disregarded

(1)In a proceeding against a person for an offence against section 77B(1), the following acts of consorting must be disregarded if the consorting was reasonable in the circumstances—

(a)consorting with a recognised offender who is a close family member of the person;

(b)consorting with a recognised offender while the person is—

(i)genuinely conducting a lawful business or genuinely engaging in lawful employment or a lawful occupation; or

(ii)genuinely receiving education or training at an educational institution; or

(iii)genuinely obtaining education or training at an educational institution for a dependent child of the person; or

(iv)receiving a health service; or

(v)obtaining a health service for a dependent child of the person; or

(vi)obtaining legal services; or

(vii)complying with a court order; or

(viii)being detained in lawful custody.

(2)Proof that the consorting was reasonable in the circumstances lies on the person.

(3)For subsection (1), it is not reasonable for a person to consort with a recognised offender if the purpose (or 1 of the purposes) of the consorting is related to criminal activity.

(4)In this section—

Australian Association of Social Workers means Australian Association of Social Workers Ltd ACN 008 576 010.

Australian Register of Counsellors and Psychotherapists means Australian Register of Counsellors and Psychotherapists Pty Ltd ACN 110 047 197.

child includes step-child.

close family member, of a person—

(a)means—

(i)a spouse of the person; or

(ii)someone with whom the person shares parental responsibility for a child; or

(iii)a parent or step-parent of the person; or

(iv)a child of the person; or

(v)a grandparent or step-grandparent of the person; or

(vi)a grandchild or step-grandchild of the person; or

(vii)a brother, sister, stepbrother or stepsister of the person; or

(viii)an aunt or uncle of the person; or

(ix)a niece or nephew of the person; or

(x)a first cousin of the person; or

(xi)a brother-in-law, sister-in-law, parent-in-law, son-in-law or daughter-in-law of the person; and

(b)includes—

(i)for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a person mentioned in paragraph (a); and

(ii)for a Torres Strait Islander—a person who, under Island custom, is regarded as a person mentioned in paragraph (a).

dependent child, of a person, means a child of the person who is dependent on the person for support.

educational institution means—

(a)an approved education and care service under the Education and Care Services National Law (Queensland); or

(b)a State educational institution or non-State school under the Education (General Provisions) Act 2006; or

(c)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); or

(d)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

health service means a service for managing a person’s physical or mental health, including drug and alcohol counselling, that is provided by—

(a)a registered health practitioner or student under the Health Practitioner Regulation National Law (Queensland); or

(b)a counsellor or psychotherapist registered with the Australian Register of Counsellors and Psychotherapists; or

(c)a social worker registered with the Australian Association of Social Workers.

legal services means legal services within the meaning of the Legal Profession Act 2007 that are provided by an Australian legal practitioner within the meaning of that Act.

s 77C ins 2016 No. 62 s 141

78Interfering 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.

s 78 amd 1988 No. 88 s 5 sch 2

ch hdg sub 2008 No. 55 s 17

79Definition 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.

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.

s 79 sub 2008 No. 55 s 17

80Crime of piracy

A person who does an act of piracy commits a crime.

Maximum penalty—life imprisonment.

s 80 sub 2008 No. 55 s 17

pt hdg amd 2008 No. 55 s 18

pt 3 ch 18 pt hdg om 1997 No. 3 s 120 sch 1

pt 3 ch 19 pt hdg om 1997 No. 3 s 120 sch 1

ch hdg amd 2009 No. 53 s 146

85Disclosure 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.

s 85 sub 1997 No. 3 s 16

86Obtaining 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 intelligence means information relating to actual or suspected criminal activity (including information the commissioner has obtained through the police service or from an external agency), whether in the State or elsewhere, the disclosure of which could reasonably be expected to—

(a)prejudice a criminal investigation; or

(b)enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

(c)endanger a person’s life or physical safety.

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 about a criminal organisation or a participant in a criminal organisation, 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.

external agency means any of the following—

(a)the Crime and Corruption Commission;

(b)the Australian Federal Police;

(c)a police force or service of another State;

(d)the chief executive (corrective services);

(e)an officer of another State with powers and functions substantially corresponding to the powers and functions of the chief executive (corrective services) under the Corrective Services Act 2006;

(f)another entity—

(i)established under a law of another jurisdiction, including a jurisdiction outside Australia; and

(ii)with functions that include investigating or inquiring into criminal conduct, misconduct or corruption (whether or not the functions are stated in the law mentioned in subparagraph (i)); and

(iii)declared by regulation to be an external agency.

information, about the identity of a criminal organisation informant, includes information that is likely to lead to the identity of the informant becoming known.

officer, of an external agency, includes a person employed by the agency, seconded to the agency or engaged by the agency under a contract for services.

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.

s 86 prev s 86 om 1997 No. 3 s 120 sch 1

pres s 86 ins 2009 No. 53 s 147

amd 2011 No. 43 s 22; 2016 No. 62 s 68

87Official 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 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.

(1B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(1C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

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

s 87 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s 16A; 1999 No. 66 s 6 sch; 2016 No. 62 s 69

88Extortion 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.

89Public 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 (the relevant department), is guilty of a misdemeanour, and is liable to imprisonment for 3 years, and to be fined at the discretion of the court.

(2)However, the person does not commit an offence against subsection (1) if, before the person acquires or starts to hold the private interest—

(a)the person discloses the nature of the interest to the chief executive of the relevant department; and

(b)the chief executive of the relevant department authorises the person, in writing, to acquire or hold the interest.

(3)In a proceeding against a person for an offence against subsection (1), proof of the matters mentioned in subsection (2) lies on the person.

(4)The chief executive of a department may delegate the chief executive’s function under subsection (2) to an appropriately qualified person.

(5)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—

(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.

(6)In this section—

function includes power.

s 89 amd 2010 No. 36 s 45; 2012 No. 6 s 27 sch amdts 1(1)(a), (2), 2(1)(a), (2); 2017 No. 6 s 8

90Officers 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.

91False 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 knowledge, false in any material particular, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

s 91 amd 1988 No. 88 s 5 sch 2

92Abuse 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.

s 92 amd 1988 No. 88 s 5 sch 2

92AMisconduct 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 gained because of an opportunity provided by the office or capacity.

(4A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(4B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(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.

performs includes purportedly performs and in relation to a power, exercises and purportedly exercises.

s 92A ins 2009 No. 25 s 4

amd 2013 No. 45 s 44; 2016 No. 62 s 70

93Corruption 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.

94False 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.

s 94 amd 1988 No. 88 s 5 sch 2

95Administering 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 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.

96False 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.

s 96 amd 1988 No. 88 s 5 sch 2

97Personating 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;

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.

s 97 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 19

ch div hdg ins 2002 No. 8 s 49

98Definitions

In this chapter—

authorising Act, for an election, means the Act under which the election is held.

def authorising Act ins 2008 No. 55 s 20

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.

def election amd 1990 No. 101 s 19(a); 1997 No. 82 s 3 sch; 2002 No. 8 s 50(2)

elector includes any person entitled to vote at an election.

municipal election ...

def municipal election om 1993 No. 70 s 804 sch; 2010 No. 2 s 89 sch 1

parliamentary election ...

def parliamentary election amd 1990 No. 101 s 19(b); 1997 No. 82 s 3 sch

om 2002 No. 8 s 50(1)

polling booth ...

def polling booth om 2010 No. 2 s 89 sch 1

ch div hdg ins 2002 No. 8 s 51

amd 2011 No. 27 s 258

98AReference 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.

s 98A ins 1992 No. 28 s 197

sub 1993 No. 70 s 804 sch; 2002 No. 8 s 51

amd 2011 No. 27 s 259

98BFalse 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.

s 98B ins 2002 No. 8 s 51

amd 2008 No. 55 s 21

98CBribery

(1)A person who—

(a)asks for or receives; or

(b)offers, or agrees, to ask for or receive;

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.

s 98C ins 2002 No. 8 s 51

amd 2004 No. 43 s 28

98DForging 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

(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.

s 98D ins 2002 No. 8 s 51

98EInfluencing 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.

s 98E ins 2002 No. 8 s 51

98FProviding 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.

s 98F ins 2002 No. 8 s 51

98GVoting 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.

s 98G ins 2002 No. 8 s 51

ch div hdg ins 2002 No. 8 s 51

98HApplication 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.

s 98H ins 2002 No. 8 s 51

99Voting 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.

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.

s 99 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 22

100Hindering 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.

s 100 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 22

101Bribery

(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.

s 101 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 22

102Publishing 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;

commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

s 102 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 22

103Providing 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.

s 103 amd 1973 No. 8 s 25; 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch

sub 2008 No. 55 s 22

104Election 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.

s 104 prev s 104 om 1993 No. 70 s 804 sch

pres s 104 ins 2008 No. 55 s 22

107Corrupt 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.

s 107 amd 1993 No. 70 s 804 sch

amd 2008 No. 55 s 23

108Interfering at elections

A person who wilfully interrupts, obstructs or disturbs a proceeding at an election commits a misdemeanour.

Maximum penalty—3 years imprisonment.

s 108 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 24

109Electors 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.

s 109 amd 1988 No. 88 s 5 sch 2; 1990 No. 101 s 21; 2008 No. 55 s 25

110Stuffing 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.

s 110 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 26

111Presiding 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.

s 111 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 26

112False 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

(b)if the giver has, or can reasonably obtain, the correct information—gives the correct information to the recipient.

s 112 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 26

113Interfering 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.

s 113 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 26

114Breaking 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.

s 114 amd 1988 No. 88 s 5 sch 2; 1990 No. 101 s 22

sub 2008 No. 55 s 26

118Bargaining 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.

s 118 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch

119Definitions 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.

s 119 sub 2002 No. 23 s 9

119AMeaning 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

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.

s 119A ins 2002 No. 23 s 9

amd 2002 No. 74 s 90 sch; 2013 No. 39 s 111 sch 4

119BRetaliation 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

(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 for a prescribed offence charged with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.

(1B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(1C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(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.

prescribed offence see the Penalties and Sentences Act 1992, section 161N.

s 119B ins 2002 No. 23 s 9

amd 2007 No. 59 s 69; 2009 No. 34 s 45(1) sch pt 1 amdt 12; 2009 No. 53 s 148; 2016 No. 62 s 71

120Judicial 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.

s 120 amd R1 (see RA s 39); 1999 No. 66 s 6 sch; 2002 No. 23 s 10

121Official 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 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.

s 121 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch

122Corruption of jurors

(1)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.

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

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

s 122 amd 1988 No. 88 s 5 sch 2; 2002 No. 23 s 11; 2016 No. 62 s 72

123Perjury

(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.

123APerjury—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;

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.

s 123A ins 1997 No. 3 s 17

124Punishment 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.

s 124 amd 1922 13 Geo 5 No. 2 s 3(viii); 1988 No. 88 s 5 sch 2

125Evidence 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.

126Fabricating 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.

s 126 amd 1988 No. 88 s 5 sch 2

127Corruption 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 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.

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

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

s 127 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch; 2016 No. 62 s 73

128Deceiving 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.

s 128 amd 1988 No. 88 s 5 sch 2

129Damaging 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.

s 129 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 27

130Preventing witnesses from attending

Any person who wilfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness 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.

s 130 amd 2008 No. 55 s 28

131Conspiracy 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.

s 131 amd 1922 13 Geo 5 No. 2 s 3(ix); 1986 No. 1 s 10; 1988 No. 88 s 5 sch 2

132Conspiring 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.

s 132 amd 1986 No. 1 s 11; 1988 No. 88 s 5 sch 2

133Compounding 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.

s 133 amd 1922 13 Geo 5 No. 2 s 3(x); 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch; 2008 No. 55 s 29

136Justices 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.

s 136 sub 2008 No. 55 s 32

137Delay 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).

s 137 amd 2000 No. 5 s 373 sch 2; 2008 No. 55 s 33

139Inserting 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.

s 139 amd 1988 No. 88 s 5 sch 2

140Attempting to pervert justice

(1)A person who attempts to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime.

Maximum penalty—7 years imprisonment.

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

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

s 140 amd 1988 No. 88 s 5 sch 2

sub 2003 No. 77 s 45

amd 2016 No. 62 s 74

ch hdg amd 1992 No. 25 s 3

141Aiding 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.

s 141 amd 1922 13 Geo 5 No. 2 s 3(xi); 1971 No. 41 s 7; 1988 No. 88 s 5 sch 2

sub 1992 No 25 s 4

142Escape by persons in lawful custody

A person who escapes from lawful custody is guilty of a crime.

Maximum penalty—imprisonment for 7 years.

s 142 amd 1988 No. 88 s 5 sch 2

sub 1992 No. 25 s 4

143Permitting 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.

s 143 amd 1988 No. 88 s 5 sch 2

sub 1992 No. 25 s 4

144Harbouring 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.

s 144 amd 1988 No. 88 s 5 sch 2

sub 1992 No. 25 s 4

145ASections 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 2016; 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.

s 145A ins 1992 No. 25 s 4

amd 1999 No. 10 s 205 sch 3; 2000 No. 16 s 590 sch 1 pt 2; 2000 No. 46 s 3 sch; 2000 No. 63 s 276 sch 2; 2002 No. 23 s 3 sch; 2006 No. 29 s 518 sch 3; 2011 No. 13 s 172; 2016 No. 5 s 868

145BEvidence 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.

s 145B ins 1992 No. 25 s 4

amd 1999 No. 9 s 3 sch

147Removing 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.

s 147 amd 1988 No. 88 s 5 sch 2

148Obstructing 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.

s 148 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s 18; 2008 No. 55 s 35

193False 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.

s 193 amd 1988 No. 88 s 5 sch 2

sub 2008 No. 55 s 36

194False 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.

s 194 amd 1988 No. 88 s 5 sch 2

sub 1997 No. 3 s 19

195Evidence

A person can not be convicted of any of the offences defined in sections 193 and 194 upon the uncorroborated testimony of 1 witness.

195AContradictory 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.

s 195A ins 1997 No. 3 s 20

199Resisting 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 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.

s 199 amd 1988 No. 88 s 5 sch 2

200Refusal 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.

204Disobedience to statute law

(1)Any person who without lawful excuse, the proof of which lies on the person, does any act which the person is, by the provisions of any public statute in force in Queensland, forbidden to do, or omits to do any act which the person is, by the provisions of any such statute, required to do, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

(2)The offender is liable to imprisonment for 1 year.

205Disobedience to lawful order issued by statutory authority

(1)Any person who without lawful excuse, the proof of which lies on the person, disobeys any lawful order issued by any court of justice, or by any person authorised by any public statute in force in Queensland to make the order, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

(2)The offender is liable to imprisonment for 1 year.

205A Contravening order about information necessary to access information stored electronically

A person who contravenes—

(a)an order made under the Police Powers and Responsibilities Act 2000, section 154(1) or (2) or 154A(2); or

(b)an order made under the Crime and Corruption Act 2001, section 88A(1) or (2) or 88B(2);

commits a crime.

Maximum penalty—5 years imprisonment.

s 205A ins 2016 No. 62 s 75

206Offering violence to officiating ministers of religion

Any person who—

(a)by threats or force prevents or attempts to prevent any minister of religion from lawfully officiating in any place of religious worship, or from performing the minister’s duty in the lawful burial of the dead in any cemetery or other burial place; or

(b)by threats or force obstructs or attempts to obstruct any minister of religion while so officiating or performing the minister’s duty; or

(c)assaults, or, upon or under the pretence of executing any civil process, arrests, any minister of religion who is engaged in, or is, to the knowledge of the offender, about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

s 206 amd 1988 No. 88 s 5 sch 2

207Disturbing religious worship

Any person who wilfully and without lawful justification or excuse, the proof of which lies on the person, disquiets or disturbs any meeting of persons lawfully assembled for religious worship, or assaults any person lawfully officiating at any such meeting, or any of the persons there assembled, is guilty of an offence, and is liable on summary conviction to imprisonment for 2 months, or to a fine of $10.

207ADefinitions for this chapter

In this chapter—

anonymising service means a device or other thing, or a physical, digital or other measure, used to hide—

(a)the identity or location of a person who administers, accesses or uses a network, computer or other device; or

(b)information stored on a network, computer or other device; or

(c)communication, including the exchange of information, between 2 or more persons using a network, computer or other device; or

(d)the location of a network, computer or other device.

Examples of physical, digital or other measures—

software, password or other authorisation, encryption, routing systems, communications ports

def anonymising service ins 2016 No. 62 s 76

child exploitation material means material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years—

(a)in a sexual context, including for example, engaging in a sexual activity; or

(b)in an offensive or demeaning context; or

(c)being subjected to abuse, cruelty or torture.

def child exploitation material amd 2013 No. 14 s 13

classification officer ...

def classification officer om 2017 No. 17 s 112(1)

classified—

(a)for a computer game—see the Classification of Computer Games and Images Act 1995; or

(b)for a film—see the Classification of Films Act 1991; or

(c)for a publication—see the Classification of Publications Act 1991.

Commonwealth Classification Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).

def Commonwealth Classification Act ins 2017 No. 17 s 112(2)

computer game see the Classification of Computer Games and Images Act 1995.

distribute includes—

(a)communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and

(b)make available for access by someone, whether by a particular person or not; and

(c)enter into an agreement or arrangement to do something in paragraph (a) or (b); and

(d)attempt to distribute.

def distribute ins 2016 No. 62 s 76

film see the Classification of Films Act 1991.

hidden network means a network of computers or other devices (whether or not part of the internet) that has, or uses, digital, physical or other measures to do, or that are designed to do, any of the following—

(a)restrict access to the network;

(b)make the network undiscoverable when searched for in a way that is generally used to search for networks, including, for example, by using an internet search engine;

(c)hide the identity or location of persons who administer, access or use the network;

(d)hide information stored on the network;

(e)hide communication, including the exchange of information, between—

(i)the network and a person who administers, accesses or uses the network; or

(ii)2 or more persons who administer, access or use the network;

(f)hide the location of the network.

Examples of physical, digital or other measures—

software, password or other authorisation, encryption, routing systems, communications ports

def hidden network ins 2016 No. 62 s 76

information includes a photograph, picture, videotape, digital image and any other visual representation.

def information ins 2016 No. 62 s 76

law enforcement agency ...

def law enforcement agency ins 2005 No. 70 s 54

om 2009 No. 53 s 149

law enforcement officer ...

def law enforcement officer ins 2005 No. 70 s 54

om 2009 No. 53 s 149

material includes anything that contains data from which text, images or sound can be generated.

network, of computers or other devices, includes part of a network of computers or other devices.

def network ins 2016 No. 62 s 76

observe means observe by any means.

def observe ins 2005 No. 70 s 54

private act, for a person, means—

(a)showering or bathing; or

(b)using a toilet; or

(c)another activity when the person is in a state of undress; or

(d)intimate sexual activity that is not ordinarily done in public.

def private act ins 2005 No. 70 s 54

private place means a place where a person might reasonably be expected to be engaging in a private act.

def private place ins 2005 No. 70 s 54

publication see the Classification of Publications Act 1991.

someone, in the context of a description or depiction, includes the body parts of someone, including for example, someone’s breast or genitalia.

state of undress, for a person, means—

(a)the person is naked or the person’s genital or anal region is bare or, if the person is female, the person’s breasts are bare; or

(b)the person is wearing only underwear; or

(c)the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.

def state of undress ins 2005 No. 70 s 54

visually record, a person, means record, or transmit, by any means, moving or still images of the person or part of the person.

def visually record ins 2005 No. 70 s 54

s 207A ins 2005 No. 9 s 5

210Indecent treatment of children under 16

(1)Any person who—

(a)unlawfully and indecently deals with a child under the age of 16 years; or

(b)unlawfully procures a child under the age of 16 years to commit an indecent act; or

(c)unlawfully permits himself or herself to be indecently dealt with by a child under the age of 16 years; or

(d)wilfully and unlawfully exposes a child under the age of 16 years to an indecent act by the offender or any other person; or

(e)without legitimate reason, wilfully exposes a child under the age of 16 years to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

(f)without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a child under the age of 16 years;

is guilty of an indictable offence.

(2)If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

(3)If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

(4)If the child is, to the knowledge of the offender, his or her lineal descendant or if the offender is the guardian of the child or, for the time being, has the child under his or her care, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

(4A)If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

(4B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(4C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(5)If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

(5A)If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.

(6)In this section—

deals with includes doing any act which, if done without consent, would constitute an assault as defined in this Code.

s 210 amd 1975 No. 27 s 6; 1988 No. 88 s 5 sch 2

sub 1989 No. 17 s 12

amd 1997 No. 3 s 23; 2003 No. 3 s 15; 2005 No. 70 s 166 sch; 2013 No. 14 s 15; 2016 No. 62 s 77

211Bestiality

Any person who has carnal knowledge with or of an animal is guilty of a crime and is liable to imprisonment for 7 years.

s 211 amd 1943 7 Geo 6 No. 14 s 3; 1988 No. 88 s 5 sch 2

sub 1990 No. 93 s 7

amd 1997 No. 3 s 24

213Owner etc. permitting abuse of children on premises

(1)Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly permits any child under the age of 16 years to be in or upon the premises for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a proscribed act) defined to constitute an offence in section 210 or 215 is guilty of an indictable offence.

(2)If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 10 years.

(3)If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment—

(a)for life, where the proscribed act is one defined to constitute an offence in section215; or

(b)for 14 years in any other case.

(3A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)If the proscribed act is one defined to constitute an offence in section 210 or 215 and the child is of or above 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above 16 years.

s 213 amd 1913 4 Geo 5 No. 25 s 2(i); 1976 No. 25 s 19 sch; 1977 No. 47 s 3(7) sch 1 pt G; 1986 No. 1 s 13; 1988 No. 88 s 5 sch 2

sub 1989 No. 17 s 13

amd 1990 No. 93 s 8; 1997 No. 3 s 25; 2010 No. 2 s 89 sch 1; 2016 No. 50 s 5; 2016 No. 62 s 78

215Carnal knowledge with or of children under 16

(1)Any person who has or attempts to have unlawful carnal knowledge with or of a child under the age of 16 years is guilty of an indictable offence.

(2)If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

(3)If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.

(4)If the child is not the lineal descendant of the offender but the offender is the child’s guardian or, for the time being, has the child under the offender’s care, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.

(4A)If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for life.

(4B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(4C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(5)If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

(5A)If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.

s 215 amd 1913 4 Geo 5 No. 25 s 2(ii); 1945 9 Geo 6 No. 11 s 5; 1976 No. 25 s 19 sch; 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2

sub 1989 No. 17 s 14

amd 1997 No. 3 s 26; 2000 No. 43 s 17; 2013 No. 14 s 16; 2016 No. 50 s 6; 2016 No. 62 s 79

216Abuse of persons with an impairment of the mind

(1)Any person who has or attempts to have unlawful carnal knowledge with or of a person with an impairment of the mind is, subject to subsection (3)(a) and (b), guilty of a crime, and is liable to imprisonment for 14 years.

(2)Any person who—

(a)unlawfully and indecently deals with a person with an impairment of the mind; or

(b)unlawfully procures a person with an impairment of the mind to commit an indecent act; or

(c)unlawfully permits himself or herself to be indecently dealt with by a person with an impairment of the mind; or

(d)wilfully and unlawfully exposes a person with an impairment of the mind to an indecent act by the offender or any other person; or

(e)without legitimate reason, wilfully exposes a person with an impairment of the mind to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

(f)without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a person with an impairment of the mind;

is, subject to subsections (3)(c) and (3A), guilty of a crime, and is liable to imprisonment for 10 years.

(3)If the person with an impairment of the mind is not the lineal descendant of the offender but the offender is the guardian of that person or, for the time being, has that person under the offender’s care, the offender is guilty of a crime, and is liable—

(a)in the case of the offence of having unlawful carnal knowledge—to imprisonment for life; or

(b)in the case of an attempt to have unlawful carnal knowledge—to imprisonment for life; or

(c)in the case of an offence defined in subsection (2)—to imprisonment for 14 years.

(3A)In the case of an offence defined in subsection (2), if the person with an impairment of the mind is, to the knowledge of the offender, the offender’s lineal descendant, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

(4)It is a defence to a charge of an offence defined in this section to prove—

(a)that the accused person believed on reasonable grounds that the person was not a person with an impairment of the mind; or

(b)that the doing of the act or the making of the omission which, in either case, constitutes the offence did not in the circumstances constitute sexual exploitation of the person with an impairment of the mind.

(5)In this section—

deals with includes doing any act that, if done without consent, would constitute an assault.

s 216 amd 1913 4 Geo 5 No. 25 s 2(iii); 1945 9 Geo 6 No. 11 s 6; 1975 No. 27 s 41 sch; 1976 No. 25 s 19 sch; 1977 No. 47 s 3(7) sch 1 pt G; 1986 No. 1 s 15; 1988 No. 88 s 5 sch 2

sub 1989 No. 17 s 14

amd 1990 No. 93 s 9; 1992 No. 65 s 7; 1997 No. 3 s 27; 2005 No. 70 s 166 sch; 2008 No. 55 s 40; 2013 No. 14 s 17; 2016 No. 50 s 7

217Procuring young person etc. for carnal knowledge

(1)A person who procures a person who is not an adult or is a person with an impairment of the mind to engage in carnal knowledge (either in Queensland or elsewhere) commits a crime.

Maximum penalty—imprisonment for 14 years.

(1A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(1B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(2)In this section—

procure means knowingly entice or recruit for the purposes of sexual exploitation.

s 217 amd 1974 No. 57 s 8 sch; 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2

sub 1989 No. 17 s 15; 1992 No. 65 s 8

amd 1997 No. 3 s 28; 2008 No. 55 s 41; 2016 No. 62 s 80

218Procuring sexual acts by coercion etc.

(1)A person who—

(a)by threats or intimidation of any kind, procures a person to engage in a sexual act, either in Queensland or elsewhere; or

(b)by a false pretence, procures a person to engage in a sexual act, either in Queensland or elsewhere; or

(c)administers to a person, or causes a person to take, a drug or other thing with intent to stupefy or overpower the person to enable a sexual act to be engaged in with the person;

commits a crime.

Maximum penalty—imprisonment for 14 years.

(2)For subsection (1), a person engages in a sexual act if the person—

(a)allows a sexual act to be done to the person’s body; or

(b)does a sexual act to the person’s own body or the body of another person; or

(c)otherwise engages in an act of an indecent nature with another person.

(3)Subsection (2) is not limited to sexual intercourse or acts involving physical contact.

(3A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)In this section—

procure means knowingly entice or recruit for the purposes of sexual exploitation.

s 218 amd 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 16

sub 1992 No. 65 s 9

amd 1997 No. 3 s 29; 1999 No. 73 s 172; 2003 No. 3 s 16; 2016 No. 62 s 81

218AUsing internet etc. to procure children under 16

(1)Any adult who uses electronic communication with intent to procure a person under the age of 16 years, or a person the adult believes is under the age of 16 years, to engage in a sexual act, either in Queensland or elsewhere, commits a crime.

Maximum penalty—10 years imprisonment.

(2)The adult is liable to 14 years imprisonment if—

(a)the person is—

(i)a person under 12 years; or

(ii)a person the adult believes is under 12 years; or

(b)the offence involves the adult—

(i)intentionally meeting the person; or

(ii)going to a place with the intention of meeting the person.

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

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

(3)For subsection (1), a person engages in a sexual act if the person—

(a)allows a sexual act to be done to the person’s body; or

(b)does a sexual act to the person’s own body or the body of another person; or

(c)otherwise engages in an act of an indecent nature.

(4)Subsection (3) is not limited to sexual intercourse or acts involving physical contact.

(5)For subsection (1), it is not necessary to prove that the adult intended to procure the person to engage in any particular sexual act.

(6)Also, for subsection (1), it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the person to engage in the sexual act.

(7)For subsection (1), it does not matter that the person is a fictitious person represented to the adult as a real person.

(8)Evidence that the person was represented to the adult as being under the age of 16 years, or 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the person was under that age.

(9)It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the person was at least 16 years.

(9A)For an offence defined in subsection (1) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2)(a)(i), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the person was at least 12 years.

(10)In this section—

electronic communication means email, internet chat rooms, SMS messages, real time audio/video or other similar communication.

meeting means meeting in person.

procure means knowingly entice or recruit for the purposes of sexual exploitation.

s 218A ins 2003 No. 3 s 17

amd 2013 No. 14 s 18; 2016 No. 62 s 82

218BGrooming children under 16

(1)Any adult who engages in any conduct in relation to a person under the age of 16 years, or a person the adult believes is under the age of 16 years, with intent to—

(a)facilitate the procurement of the person to engage in a sexual act, either in Queensland or elsewhere; or

(b)expose, without legitimate reason, the person to any indecent matter, either in Queensland or elsewhere;

commits a crime.

Note—

See section 1 for the definition indecent matter.

Maximum penalty—5 years imprisonment.

(2)The adult is liable to 10 years imprisonment if the person is—

(a)a person under 12 years; or

(b)a person the adult believes is under 12 years.

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

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

(3)For subsection (1)(a), a person engages in a sexual act if the person—

(a)allows a sexual act to be done to the person’s body; or

(b)does a sexual act to the person’s own body or the body of another person; or

(c)otherwise engages in an act of an indecent nature.

(4)Subsection (3) is not limited to sexual intercourse or acts involving physical contact.

(5)For subsection (1)(a)—

(a)it is not necessary to prove that the adult intended to facilitate the procurement of the person to engage in any particular sexual act; and

(b)it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the person to engage in the sexual act; and

(c)it does not matter when the adult intended the person would be procured to engage in a sexual act.

(6)For subsection (1), it does not matter that the person is a fictitious person represented to the adult as a real person.

(7)Evidence that the person was represented to the adult as being under the age of 16 years, or 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the person was under that age.

(8)It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the person was at least 16 years.

(9)For an offence defined in subsection (1) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2)(a), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the person was at least 12 years.

(10)In this section—

procure means knowingly entice or recruit for the purposes of sexual exploitation.

s 218B ins 2013 No. 14 s 19

amd 2016 No. 62 s 83

219Taking child for immoral purposes

(1)Any person who takes or entices away, or detains a child who is under the age of 16 years and is not the husband or wife of that person for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a proscribed act) defined to constitute an offence in section 210 or 215 is guilty of a crime.

(2)If the child is of or above the age of 12 years, the offender is liable to imprisonment for 10 years.

(3)If the child is under the age of 12 years, the offender is liable to imprisonment—

(a)for life, where the proscribed act is one defined to constitute an offence in section215; or

(b)for 14 years in any other case.

(3A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)If the proscribed act is one defined to constitute an offence defined in section 210 or 215 and the child is of or above 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above 16 years.

s 219 amd 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2

sub 1989 No. 17 s 17

amd 1990 No. 93 s 10; 1997 No. 3 s 30; 2000 No. 46 s 3 sch; 2002 No. 74 s 90 sch; 2010 No. 2 s 89 sch 1; 2016 No. 50 s 8; 2016 No. 62 s 84

221Conspiracy to defile

Any person who conspires with another to induce any person, by any false pretence or other fraudulent means, to permit any person to have unlawful carnal knowledge with or of him or her commits a crime.

Maximum penalty—10 years imprisonment.

s 221 amd 1986 No. 1 s 16; 1988 No. 88 s 5 sch 2

sub 1997 No. 3 s 31

222Incest

(1)Any person who—

(a)has carnal knowledge with or of the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and

(b)knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;

commits a crime.

Maximum penalty—imprisonment for life.

(2)Any person who attempts to commit the crime of incest is liable to imprisonment for 10 years.

(3)It is immaterial that the act or attempted act of carnal knowledge happened with the consent of either person.

(4)It is a defence to a charge under this section to prove that the accused person was, at the time when the act or attempted act of carnal knowledge happened, acting under the coercion of the other person.

(5)A reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that is a half, adoptive or step relationship.

(6)For subsection (5), a reference to a step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.

(7)Also, for subsection (5), a reference to a step relationship does not include a step relationship that first arose after the relevant persons became adults.

(7A)Also, if a parentage order is made under the Surrogacy Act 2010, a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—

(a)existed before the making of the order; or

(b)came into existence as a result of the making of the order regardless of whether the order has been discharged.

(8)This section does not apply to carnal knowledge between persons who are—

(a)lawfully married; or

(b)if both persons are adults—entitled to be lawfully married.

s 222 amd 1943 7 Geo 6 No. 14 s 5; 1977 No. 47 s 3(7) sch 1 pt G; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 19

sub 1997 No. 3 s 32

amd 2010 No. 2 s 90; 2013 No. 14 s 20

224Attempts to procure abortion

Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment for 14 years.

s 224 amd 1988 No. 88 s 5 sch 2

225The like by women with child

Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a crime, and is liable to imprisonment for 7 years.

s 225 amd 1988 No. 88 s 5 sch 2

226Supplying drugs or instruments to procure abortion

Any person who unlawfully supplies to or procures for any person anything whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

s 226 amd 1988 No. 88 s 5 sch 2

227Indecent acts

(1)Any person who—

(a)wilfully and without lawful excuse does any indecent act in any place to which the public are permitted to have access, whether on payment of a charge for admission or not; or

(b)wilfully does any indecent act in any place with intent to insult or offend any person;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)The offender may be arrested without warrant.

(3)Subsection (1) does not apply to a person who does an indecent act under the authority of an adult entertainment permit.

s 227 amd 1943 7 Geo 6 No. 14 s 7; 1988 No. 88 s 5 sch 2; 1999 No. 73 s 173

227AObservations or recordings in breach of privacy

(1)A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy—

(a)without the other person’s consent; and

(b)when the other person—

(i)is in a private place; or

(ii)is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act;

commits a misdemeanour.

Maximum penalty—2 years imprisonment.

Examples of circumstances where a reasonable adult would expect to be afforded privacy—

1A person changing in a communal change room at a swimming pool may expect to be observed by another person who is also changing in the room but may not expect to be visually recorded.

2A person who needs help to dress or use a toilet may expect to be observed by the person giving the help but may not expect to be observed by another person.

(2)A person who observes or visually records another person’s genital or anal region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region—

(a)without the other person’s consent; and

(b)when the observation or visual recording is made for the purpose of observing or visually recording the other person’s genital or anal region;

commits a misdemeanour.

Maximum penalty—2 years imprisonment.

Example for subsection (2)—

using a mobile phone in a public place to take photos of women’s underwear under their skirts without their consent

(3)In subsection (2)—

genital or anal region, of a person, means the person’s genital or anal region when the region is covered by underwear or bare.

s 227A ins 2005 No. 70 s 55

227BDistributing prohibited visual recordings

(1)A person who distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent, commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)In this section—

prohibited visual recording, of another person, means—

(a)a visual recording of the person in a private place or engaging in a private act made in circumstances where a reasonable adult would expect to be afforded privacy; or

(b)a visual recording of the person’s genital or anal region, when it is covered by underwear or bare, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.

s 227B ins 2005 No. 70 s 55

amd 2016 No. 62 s 85

227CPersons who are not criminally responsible for offences against ss 227A and 227B

(1)A person is not criminally responsible for an offence against section 227A(1) or (2) or 227B(1) if—

(a)the person is, at the time of the offence, a law enforcement officer acting in the course of the person’s duties; and

(b)the person’s conduct is reasonable in the circumstances for the performance of the duties.

(2)A person is not criminally responsible for an offence against section 227A(1) or (2) or 227B(1) in relation to an observation or visual recording of another person who is in lawful custody or subject to a supervision order if—

(a)the person is, at the time of the offence, acting in the course of the person’s duties in relation to the other person’s lawful custody or supervision order; and

(b)the person’s conduct is reasonable in the circumstances for the performance of the duties.

Examples of conduct that may be reasonable for the performance of duties—

•the observation of a person for the safety of the person or another person

•the observation of a person providing a urine sample for a drug test

(3)In this section—

lawful custody includes detention under the Mental Health Act 2016 in—

(a)an authorised mental health service or a high security unit within the meaning of that Act; or

(b)the forensic disability service within the meaning of the Forensic Disability Act 2011.

supervision order, for a person, means an order under an Act or a law of the Commonwealth or another State or made by an Australian court that subjects the person to supervision including, for example, the following orders—

(a)a community based order under the Penalties and Sentences Act 1992;

(b)a community based order or supervised release order under the Youth Justice Act 1992;

(c)a parole order or a conditional release order under the Corrective Services Act 2006;

(d)a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

s 227C ins 2005 No. 70 s 55

amd 2006 No. 29 s 518 sch 3; 2007 No. 37 s 42 sch; 2009 No. 34 s 45(1) sch pt 1 amdt 12; 2011 No. 13 s 173; 2013 No. 29 s 59H; 2016 No. 5 s 868