Crimes Act 1900 No 40

An Act to consolidate the Statutes relating to Criminal Law.

Part 1 Preliminary and interpretation

pt 1, hdgs: Subst 1929 No 2, sec 21 (a).

1 Name of Act

s 1, hdg: Am 1998 No 54, Sch 2.6 [1].

This Act is the Crimes Act 1900.

s 1: Am 1924 No 10, sec 26 (b). Subst 1929 No 2, sec 21 (a). Am 1929 No 31, sec 2 (b); 1937 No 35, Second Sch; 1946 No 43, sec 4 (a); 1951 No 31, secs 2 (b) (ii) (h) (ii) (l) (ii), 4 (i) (ii), 5 (c), 6 (d) (ii); 1955 No 16, sec 4 (l); 1967 No 77, sec 2 (a); 1973 No 38, Sch 2; 1974 No 50, sec 4 (a); 1979 No 72, Sch 1; 1979 No 95, Sch 1 (1); 1980 No 53, Sch 2 (1); 1981 No 42, Sch 1 (1); 1982 No 116, Schs 2 (1), 3 (1); 1983 No 180, Sch 1 (1); 1983 No 184, Sch 1 (1); 1984 No 7, Sch 1 (1); 1984 No 22, Sch 1 (1); 1985 No 38, Sch 1; 1986 No 133, sec 4 (a); 1987 No 116, Sch 1 (1); 1987 No 184, Schs 1 (1), 3 (1); 1987 No 238, Sch 1; 1987 No 287, Sch 1 (1); 1988 No 81, Schs 1 (1), 3 (1), 5 (1); 1988 No 115, Sch 1 (1); 1989 No 27, Sch 1 (1); 1989 No 40, Sch 2 (1); 1989 No 62, Sch 1 (1); 1989 No 71, Sch 1 (1); 1989 No 100, Sch 1 (1); 1990 No 5, sec 3 (a); 1990 No 11, Sch 2; 1990 No 49, Sch 1 (1); 1990 No 51, Sch 1 (1); 1990 No 101, Sch 1 (1); 1992 No 2, Sch 1 (1); 1992 No 83, Sch 1 (1); 1993 No 64, Sch 1 (1); 1994 No 83, Sch 1 (1); 1994 No 84, Sch 1 (1); 1995 No 49, Sch 1 [1] [2]; 1995 No 63, Sch 2 [1] [2]; 1996 No 6, Sch 1; 1996 No 65, Sch 1 [1]; 1996 No 137, Sch 2.3 [1]; 1997 No 89, Sch 1 [1]. Subst 1997 No 147, Sch 2.8.

2 (Repealed)

s 2, hdg: Ins 1929 No 2, sec 21 (b).

s 2: Rep 2007 No 38, Sch 2 [1].

3 Application of certain provisions of Act

s 3, hdg: Ins 1929 No 2, sec 21 (c).

The Parts and sections mentioned in Schedule 2, so far as their provisions can be applied, shall be in force with respect to all offences, whether at Common Law or by Statute, whensoever committed and in whatsoever Court tried.

s 3: Am 2007 No 38, Sch 2 [2].

3A, 3B (Repealed)

s 3A and hdg: Ins 1992 No 83, Sch 1 (2). Rep 2000 No 43, Sch 1 [1].

s 3B and hdg: Ins 1996 No 6, Sch 1. Rep 2000 No 43, Sch 1 [2].

4 Definitions

(1)  In this Act, unless the context or subject-matter otherwise indicates or requires—

Aircraft includes any machine that can derive support in the atmosphere from the reactions of the air.

Armed, in relation to a weapon, or instrument, or an offensive weapon, or instrument, that is a dangerous weapon, includes bearing or having the immediate physical possession of the weapon, or instrument.

Authorised officer has the same meaning as it has in the Criminal Procedure Act 1986.

Banker includes every director or manager of any banking company, whether incorporated or not, or of any branch thereof, and every person carrying on the business of a banker.

Cattle includes any horse, mare, gelding, colt, foal, filly, ass, mule, bull, cow, ox, steer, heifer, calf, ram, ewe, sheep, lamb, pig, goat, deer, alpaca, llama, vicuna, camel, or dromedary, and every hybrid or cross thereof.

Court and Judge respectively shall be equally taken to mean the Court in which or the Judge before whom the trial or proceeding is had in respect of which either word is used.

Dangerous weapon means—

(a)  a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or

(b)  a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or

(c)  a spear gun.

Document of title to goods includes every bill of lading, India warrant, dock warrant, warehousekeeper’s certificate, warrant, or order for the delivery or transfer of any goods or valuable thing, and every bought and sold note or document used in the ordinary course of business as proof of the possession or control of goods, or purporting to authorise by indorsement or delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.

Document of title to land includes every deed, map, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or part of the title, to any real estate or to any interest in or out of real estate.

Dwelling-house includes—

(a)  any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,

(b)  a boat or vehicle in or on which any person resides, and

(c)  any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupation of the dwelling-house.

Governor means, except in respect of the exercise of the pardoning power, the Governor with the advice of the Executive Council.

Grievous bodily harm includes—

(a)  the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and

(b)  any permanent or serious disfiguring of the person, and

(c)  any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

Indictment includes any information presented or filed as provided by law for the prosecution of offences.

Intoxicating substance includes alcohol or a narcotic drug or any other substance that affects a person’s senses or understanding.

Intoxication has the same meaning it has in Part 11A.

Judge—see Court.

Loaded arms means any gun, pistol, or other arms, loaded in the barrel or chamber or magazine with gunpowder or other explosive substance, and with ball, shot, slug, or other destructive material, although the attempt to discharge may fail from want of proper priming, or from any other cause; and every gun, pistol, or other arms, unlawfully presented at any person, shall be deemed to be loaded unless the contrary is shown.

Member of the crew in relation to an aircraft means a person having functions or duties on board the aircraft.

Minor indictable offence means an indictable offence that is not a serious indictable offence.

Money includes all coined money, whether current within New South Wales or not, and all bank notes or instruments ordinarily so called, if current as such, and payable to the bearer.

Night means the period of time commencing at nine of the clock in the evening of each day and concluding at six of the clock in the morning of the next succeeding day.

Offensive weapon or instrument means—

(a)  a dangerous weapon, or

(b)  any thing that is made or adapted for offensive purposes, or

(c)  any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.

Officer, in relation to a body corporate or public company, includes a person who has been appointed, or acts, as an auditor of the body corporate or public company.

Person, Master, and Employer severally include any society, company, or corporation.

Place of Divine worship includes any building or structure ordinarily used for Divine worship.

Property includes every description of real and personal property; money, valuable securities, debts, and legacies; and all deeds and instruments relating to, or evidencing the title or right to any property, or giving a right to recover or receive any money or goods; and includes not only property originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and everything acquired by such conversion or exchange, whether immediately or otherwise.

Property belonging to a vessel includes every portion of its cargo, and property belonging to any of the officers, crew, or passengers thereof.

Public disorder means a riot or other civil disturbance that gives rise to a serious risk to public safety, whether at a single location or resulting from a series of incidents in the same or different locations, and includes a riot or other civil disturbance at the following—

(a)  a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999,

(b)  a detention centre within the meaning of the Children (Detention Centres) Act 1987.

Railway includes a tramway, and also includes all stations, buildings, structures and equipment belonging to or associated with a railway or tramway.

Serious indictable offence means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.

Trustee means a trustee on some express trust howsoever created, and includes the heir or personal representative of such trustee, and every other person upon whom the duty of such trust shall have devolved, and also any official manager, assignee, liquidator, or other like officer, acting under any Act relating to joint stock companies or to bankruptcy or insolvency and also an executor or administrator.

Valuable security includes every order or other security whatsoever entitling or evidencing the title of any person to any share or interest in any public stock or fund, whether of any part of the British dominions or of any Foreign State, or in any fund of any body corporate, company, or society, whether within or without the British dominions, or to any deposit in any bank; and every debenture, deed, bond, bill, note, cheque, warrant, order, or security whatsoever for money, or for payment of money, whether current in any part of the British dominions or in any Foreign State, and every document of title to land or goods, as herein defined.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)  A dwelling-house does not cease to be a dwelling-house by reason only of being temporarily unoccupied.

(3)    (Repealed)

(4)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to an offence mentioned in a specified provision of this Act that has been amended or repealed is, or includes, a reference to an offence mentioned in the provision as in force before the amendment or repeal.

(5), (6)    (Repealed)

(7)  A reference in any offence under this Act to causing any poison, intoxicating substance or other destructive or noxious thing to be administered to or taken by any person includes a reference to causing any person to inhale, take or be exposed to the poison, intoxicating substance or thing by its release into the person’s environment.

(7A)  In any provision of this Act where a reference to a firearm means a firearm within the meaning of the Firearms Act 1996, that reference is taken to include a paintball marker within the meaning of the Paintball Act 2018 and consequently, being authorised under that Act to possess a paintball marker satisfies any requirement in this Act that possession of the paintball marker be authorised under the Firearms Act 1996.

(8)  Notes included in this Act do not form part of this Act.

s 4: Am 1924 No 10, sec 4 (a); 1951 No 31, sec 2 (a); 1955 No 16, sec 6 (a); 1967 No 77, sec 2 (b); 1974 No 50, sec 4 (b); 1979 No 95, Sch 1 (2); 1981 No 42, Sch 1 (2); 1982 No 116, Sch 1 (1); 1983 No 116, Sch 1 (1); 1984 No 7, Sch 1 (2); 1987 No 48, Schs 4 (1), 32; 1987 No 184, Schs 1 (2), 3 (1); 1987 No 287, Sch 1 (2); 1988 No 81, Sch 5 (2); 1989 No 62, Sch 1 (2); 1989 No 198, Sch 1 (1); 1994 No 84, Sch 1 (2); 1998 No 54, Sch 2.6 [2]; 1998 No 127, Sch 3.2 [1]; 1998 No 131, Sch 1 [1]; 1999 No 21, Sch 1 [1] [2]; 1999 No 88, Sch 1 [1]–[3]; 1999 No 94, Sch 3 [8] [20]; 2000 No 53, Sch 3.3 [2]; 2001 No 62, Sch 1 [1]; 2001 No 121, Sch 2.72 [1]–[3]; 2004 No 48, Sch 1 [1]; 2005 No 14, Sch 1; 2006 No 26, Sch 1 [1]; 2006 No 61, Sch 1 [1]; 2006 No 73, Sch 2 [1]–[3]; 2006 No 120, Sch 3.6 [1]; 2007 No 38, Sch 1 [1]; 2008 No 1, Sch 1 [1] [2]; 2010 No 40, Sch 3.8 [1]; 2014 No 2, Sch 1 [1]; 2018 No 44, Sch 2.2; 2019 No 11, Sch 2.1[1]; 2021 No 10, Sch 3.10; 2022 No 48, Sch 1[1].

4A Recklessness

For the purposes of this Act, if an element of an offence is recklessness, that element may also be established by proof of intention or knowledge.

s 4A: Ins 2007 No 57, Sch 3 [1].

4B Dishonesty

(1)  In this Act—

dishonest means dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people.

(2)  In a prosecution for an offence, dishonesty is a matter for the trier of fact.

s 4B: Ins 2009 No 99, Sch 1 [1].

4C Mental health impairment

(1)  For the purposes of this Act, a person has a mental health impairment if—

(a)  the person has a temporary or ongoing disturbance of thought, mood, volition, perception or memory, and

(b)  the disturbance would be regarded as significant for clinical diagnostic purposes, and

(c)  the disturbance impairs the emotional wellbeing, judgment or behaviour of the person.

(2)  A mental health impairment may arise from any of the following disorders but may also arise for other reasons—

(a)  an anxiety disorder,

(b)  an affective disorder, including clinical depression and bipolar disorder,

(c)  a psychotic disorder,

(d)  a substance induced mental disorder that is not temporary.

(3)  A person does not have a mental health impairment for the purposes of this Act if the person’s impairment is caused solely by—

(a)  the temporary effect of ingesting a substance, or

(b)  a substance use disorder.

s 4C: Ins 2020 No 12, Sch 3.7[1].

5, 6 (Repealed)

s 5: Rep 2007 No 38, Sch 1 [2].

s 6: Am 2001 No 121, Sch 2.72 [4]. Rep 2007 No 38, Sch 2 [3].

7 “Possession” when criminal

Where by this or any other Act the unlawful receiving of any property, or its possession without lawful cause or excuse, is expressed to be an offence, every person shall be deemed to have such property in his or her possession within the meaning of such Act who—

(a)  has any such property in his or her custody, or

(b)  knowingly has any such property in the custody of another person, or

(c)  knowingly has any such property in a house, building, lodging, apartment, field, or other place, whether belonging to or occupied by himself or herself or not, and whether such property is there had or placed for his or her own use, or the use of another.

s 7: Am 1999 No 94, Sch 3 [21].

8 “Public place” etc

Where, by this or any other Act, or by any rule, regulation, ordinance or by-law, duly made under or by virtue of the provisions of any Act, any offence, conduct, or language, in a public place, or open and public place, or place of public resort, is made punishable, or a person guilty thereof is made liable to apprehension, the place shall be deemed public for the purposes of the enactment or taken to be otherwise within the meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private, was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.

s 8: Am 1924 No 10, sec 4 (b).

9, 10 (Repealed)

s 9: Am 1955 No 16, sec 5 (a); 1985 No 58, Sch 1 (1). Rep 1999 No 94, Sch 3 [22].

s 10: Am 1974 No 50, sec 4 (c). Rep 1999 No 94, Sch 3 [22].

Part 1A Geographical jurisdiction

pt 1A: Ins 2000 No 43, Sch 1 [3].

10A Application and effect of Part

(1)  This Part applies to all offences.

(2)  This Part extends, beyond the territorial limits of the State, the application of a law of the State that creates an offence if there is the nexus required by this Part between the State and the offence.

(3)  If the law that creates an offence makes provision with respect to any geographical consideration concerning the offence, that provision prevails over any inconsistent provision of this Part.

(4)  This Part is in addition to and does not derogate from any other basis on which the courts of the State may exercise criminal jurisdiction.

ss 10A–10D: Ins 2000 No 43, Sch 1 [3].

10B Interpretation

(1)  For the purposes of this Part, the necessary geographical nexus is the geographical nexus required by section 10C.

(2)  For the purposes of this Part, the place in which an offence is committed is the place in which the physical elements of the offence occur.

(3)  For the purposes of this Part, the place in which an offence has an effect includes—

(a)  any place whose peace, order or good government is threatened by the offence, and

(b)  any place in which the offence would have an effect (or would cause such a threat) if the criminal activity concerned were carried out.

(4)  A reference in this Part to the State includes a reference to the coastal waters of the State in which the criminal law of the State applies (including in any part of the adjacent area of the State in which the substantive criminal law of the State applies by force of the law of the State or of the Commonwealth in accordance with the Crimes at Sea Act 1998).

ss 10A–10D: Ins 2000 No 43, Sch 1 [3].

10C Extension of offences if there is a geographical nexus

(1)  If—

(a)  all elements necessary to constitute an offence against a law of the State exist (disregarding geographical considerations), and

(b)  a geographical nexus exists between the State and the offence,

the person alleged to have committed the offence is guilty of an offence against that law.

(2)  A geographical nexus exists between the State and an offence if—

(a)  the offence is committed wholly or partly in the State (whether or not the offence has any effect in the State), or

(b)  the offence is committed wholly outside the State, but the offence has an effect in the State.

ss 10A–10D: Ins 2000 No 43, Sch 1 [3].

10D Provisions relating to double criminality

(1)  This Part applies to an offence that is committed partly in the State and partly in another place outside the State, irrespective of whether it is also an offence in that other place.

(2)  This Part applies to an offence that is committed wholly in a place outside the State only if—

(a)  it is also an offence in that place, or

(b)  it is not also an offence in that place, but the trier of fact is satisfied that the offence constitutes such a threat to the peace, order or good government of the State that the offence warrants criminal punishment in the State.

ss 10A–10D: Ins 2000 No 43, Sch 1 [3].

10E Procedural and other provisions

(1)  The existence of the necessary geographical nexus for an offence is to be presumed and the presumption is conclusive unless rebutted under subsection (2).

(2)  If a person charged with an offence disputes the existence of the necessary geographical nexus, the court is to proceed with the trial of the offence in the usual way. If, at the conclusion of the trial, the trier of fact is satisfied on the balance of probabilities that the necessary geographical nexus does not exist, it must (subject to subsection (3)) make or return a finding to that effect and the charge is to be dismissed.

(3)  If the trier of fact would, disregarding any geographical considerations, find the person not guilty of the offence, it must make or return a finding of not guilty. The trier of fact must make or return a finding of act proven but not criminally responsible because of mental health impairment or cognitive impairment in any such case if they were the only grounds on which the trier of fact would have found the person not criminally responsible.

(4)  This section also applies to any alternative verdict available by law to the trier of fact in respect of another offence with which the person was not charged. A finding of guilt may be made or returned in any such case, unless the trier of fact is satisfied on the balance of probabilities that the necessary geographical nexus for that other offence does not exist.

(5)  The issue of whether the necessary geographical nexus exists must, if raised before the trial, be reserved for consideration at the trial.

(6)  A power or authority exercisable on reasonable suspicion or belief that an offence has been committed may be exercised in the State if the person in whom the power or authority is vested suspects on reasonable grounds or believes that the elements necessary to constitute the offence exist (whether or not the person suspects or believes or has any ground to suspect or believe that the necessary geographical nexus with the State exists).

(7)  In this section—

cognitive impairment has the same meaning as in section 23A.

s 10E: Ins 2000 No 43, Sch 1 [3]. Am 2020 No 12, Sch 3.7[2]–[4].

10F Special provisions with respect to geographical jurisdiction

(1)  This section applies for the purposes of, but without limiting, this Part.

(2)  The necessary geographical nexus exists between the State and any of the following offences if the offence is committed by a public official (within the meaning of the Independent Commission Against Corruption Act 1988) and involves public money of the State or property held by the public official for or on behalf of the State—

(a)  larceny or any offence that includes larceny,

(b)  fraud or any other offence under Part 4AA.

(3)  The necessary geographical nexus exists between the State and an offence against section 45 or 45A if the person against whom the offence is committed is a person ordinarily resident in the State.

s 10F: Ins 2009 No 99, Sch 1 [2]. Am 2014 No 15, Sch 1 [1].

Part 2 Offences against the Sovereign

11 Provisions of 36 Geo III, c 7 , and 57 Geo III, c 6 , repealed except as to offences against the person of the Sovereign

s 11, hdg: Rep 1999 No 94, Sch 3 [23].

The provisions of the Act of the Parliament of Great Britain, thirty-sixth George the Third chapter seven, made perpetual by the Act of the Parliament of Great Britain and Ireland fifty-seventh George the Third chapter six, and all the provisions of the last mentioned Act in relation thereto, save such of the same respectively as relate to the compassing, imagining, inventing, devising, or intending death or destruction, or any bodily harm tending to death or destruction, maim, or wounding, imprisonment, or restraint of the person of the heirs and successors of His said Majesty King George the Third, and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them, shall be and the same are hereby repealed.

12 Compassing etc deposition of the Sovereign—overawing Parliament etc

Whosoever, within New South Wales or without, compasses, imagines, invents, devises, or intends to deprive or depose Our Most Gracious Lady the Queen, her heirs or successors, from the style, honour, or Royal name of the Imperial Crown of the United Kingdom, or of any other of Her Majesty’s dominions and countries, or to levy war against Her Majesty, her heirs or successors, within any part of the United Kingdom, or any other of Her Majesty’s dominions, in order, by force or constraint, to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, both Houses or either House of the Parliament of the United Kingdom, or the Parliament of New South Wales, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of Her Majesty’s dominions, or countries under the obeisance of Her Majesty, her heirs or successors, and expresses, utters, or declares such compassings, imaginations, inventions, devices, or intentions, or any of them, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, shall be liable to imprisonment for 25 years.

s 12: Am 1989 No 218, Sch 1 (1).

13–15 (Repealed)

s 13: Am 1999 No 94, Sch 3 [24]. Rep 1999 No 94, Sch 3 [9].

s 14: Am 1999 No 94, Sch 3 [25]. Rep 1999 No 94, Sch 3 [9].

s 15: Am 1999 No 94, Sch 3 [26]. Rep 1999 No 94, Sch 3 [9].

16 Nothing herein to affect 25 Ed III, c 2

Nothing contained in this Part shall lessen the force of, or in any matter affect, anything enacted by the Statute passed in the twenty-fifth year of King Edward the Third “A declaration which offences shall be adjudged Treason”.

16A (Repealed)

s 16A: Ins 1951 No 31, sec 2 (b) (i). Rep 1999 No 94, Sch 3 [9].

Part 3 Offences against the person

Division 1 Homicide

pt 3, div 1, hdg: Ins 2000 No 53, Sch 3.3 [3].

17 (Repealed)

s 17: Rep 1951 No 31, sec 2 (c).

17A Date of death

(1)  The rule of law that it is conclusively presumed that an injury was not the cause of death of a person if the person died after the expiration of the period of a year and a day after the date on which the person received the injury is abrogated.

(2)  This section does not apply in respect of an injury received before the commencement of this section.

s 17A: Ins 1990 No 101, Sch 1 (2).

18 Murder and manslaughter defined

(1) 

(a)  Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

(b)  Every other punishable homicide shall be taken to be manslaughter.

(2) 

(a)  No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.

(b)  No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.

s 18: Am 1974 No 50, sec 5 (a); 1985 No 58, Sch 1 (2); 1989 No 218, Sch 1 (2); 2001 No 116, Sch 1 [1].

19 (Repealed)

s 19: Am 1955 No 16, sec 5 (b); 1982 No 24, Sch 1 (1); 1982 No 81, Sch 1 (1) (rep); 1987 No 58, Sch 3. Rep 1989 No 218, Sch 1 (3).

19A Punishment for murder

(1)  A person who commits the crime of murder is liable to imprisonment for life.

(2)  A person sentenced to imprisonment for life for the crime of murder is to serve that sentence for the term of the person’s natural life.

(3)  Nothing in this section affects the operation of section 21 (1) of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).

(4)  This section applies to murder committed before or after the commencement of this section.

(5)  However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the murder were instituted against the convicted person before the commencement of this section. In such a case, section 19 as in force before that commencement continues to apply.

(6)  Nothing in this section affects the prerogative of mercy.

s 19A: Ins 1989 No 218, Sch 1 (4). Am 2001 No 56, Sch 2.15.

19B Mandatory life sentences for murder of police officers

(1)  A court is to impose a sentence of imprisonment for life for the murder of a police officer if the murder was committed—

(a)  while the police officer was executing his or her duty, or

(b)  as a consequence of, or in retaliation for, actions undertaken by that or any other police officer in the execution of his or her duty,

and if the person convicted of the murder—

(c)  knew or ought reasonably to have known that the person killed was a police officer, and

(d)  intended to kill the police officer or was engaged in criminal activity that risked serious harm to police officers.

(2)  A person sentenced to imprisonment for life under this section is to serve the sentence for the term of the person’s natural life.

(3)  This section does not apply to a person convicted of murder—

(a)  if the person was under the age of 18 years at the time the murder was committed, or

(b)  if the person had a significant cognitive impairment at that time (not being a temporary self-induced impairment).

(4)  If this section requires a person to be sentenced to imprisonment for life, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or alternative sentence.

(5)  Nothing in this section affects the obligation of a court to impose a sentence of imprisonment for life on a person convicted of murder in accordance with section 61 of the Crimes (Sentencing Procedure) Act 1999.

(6)  Nothing in this section affects the prerogative of mercy.

(7)  This section applies to offences committed after the commencement of this section.

s 19B: Ins 2011 No 20, sec 3.

20 Child murder—when child deemed born alive

On the trial of a person for the murder of a child, such child shall be held to have been born alive if it has breathed, and has been wholly born into the world whether it has had an independent circulation or not.

21 Child murder by mother—verdict of contributing to death etc

Whosoever, being a woman delivered of a child is indicted for its murder, shall, if the jury acquit her of the murder, and specially find that she has in any manner wilfully contributed to the death of such child, whether during delivery, or at or after its birth, or has wilfully caused any violence, the mark of which has been found on its body, be liable to imprisonment for ten years.

22 Trial for child murder—verdict of concealment of birth

Where, on the trial of a person for the murder or manslaughter of a child, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of an offence within section 85, they may acquit the person of the offence charged and find the person guilty of an offence under the said section, and the person shall be liable to punishment accordingly.

s 22: Am 1929 No 2, sec 4.

22A Infanticide

(1)  A woman is guilty of infanticide and not of murder if—

(a)  the woman by an act or omission causes the death of a child, in circumstances that would constitute murder, within 12 months of giving birth to the child, and

(b)  at the time of the act or omission, the woman had a mental health impairment that was consequent on or exacerbated by giving birth to the child.

(2)  A jury may, at the trial of a woman for the murder of her child, find the woman guilty of infanticide and not of murder if the jury is of the opinion that—

(a)  the woman by an act or omission caused the death of the child, in circumstances that would constitute murder, within 12 months of giving birth to the child, and

(b)  at the time of the act or omission, the woman had a mental health impairment that was consequent on or exacerbated by giving birth to the child.

(3)  A woman found guilty of infanticide under this section may be dealt with and punished as if the woman had been guilty of the offence of manslaughter of the child.

(4)  Nothing in this section affects the power of the jury on an indictment for the murder of a child to return—

(a)  a verdict of manslaughter, or

(b)  a special verdict of act proven but not criminally responsible (within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020), or

(c)  concealment of birth.

s 22A: Ins 1951 No 31, sec 2 (d). Subst 2020 No 12, Sch 3.7[5].

23 Trial for murder—partial defence of extreme provocation

(1)  If, on the trial of a person for murder, it appears that the act causing death was in response to extreme provocation and, but for this section and the provocation, the jury would have found the accused guilty of murder, the jury is to acquit the accused of murder and find the accused guilty of manslaughter.

(2)  An act is done in response to extreme provocation if and only if—

(a)  the act of the accused that causes death was in response to conduct of the deceased towards or affecting the accused, and

(b)  the conduct of the deceased was a serious indictable offence, and

(c)  the conduct of the deceased caused the accused to lose self-control, and

(d)  the conduct of the deceased could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm on the deceased.

(3)  Conduct of the deceased does not constitute extreme provocation if—

(a)  the conduct was only a non-violent sexual advance to the accused, or

(b)  the accused incited the conduct in order to provide an excuse to use violence against the deceased.

(4)  Conduct of the deceased may constitute extreme provocation even if the conduct did not occur immediately before the act causing death.

(5)  For the purpose of determining whether an act causing death was in response to extreme provocation, evidence of self-induced intoxication of the accused (within the meaning of Part 11A) cannot be taken into account.

(6)  For the purpose of determining whether an act causing death was in response to extreme provocation, provocation is not negatived merely because the act causing death was done with intent to kill or inflict grievous bodily harm.

(7)  If, on the trial of a person for murder, there is any evidence that the act causing death was in response to extreme provocation, the onus is on the prosecution to prove beyond reasonable doubt that the act causing death was not in response to extreme provocation.

(8)  This section does not exclude or limit any defence to a charge of murder.

(9)  The substitution of this section by the Crimes Amendment (Provocation) Act 2014 does not apply to the trial of a person for murder that was allegedly committed before the commencement of that Act.

(10)  In this section—

act includes an omission to act.

s 23: Subst 1982 No 24, Sch 1 (2); 2014 No 13, Sch 1.

23A Substantial impairment because of mental health impairment or cognitive impairment

(1)  A person who would otherwise be guilty of murder is not to be convicted of murder if—

(a)  at the time of the acts or omissions causing the death concerned, the person’s capacity to understand events, or to judge whether the person’s actions were right or wrong, or to control himself or herself, was substantially impaired by a mental health impairment or a cognitive impairment, and

(b)  the impairment was so substantial as to warrant liability for murder being reduced to manslaughter.

(2)  For the purposes of subsection (1) (b), evidence of an opinion that an impairment was so substantial as to warrant liability for murder being reduced to manslaughter is not admissible.

(3)  If a person was intoxicated at the time of the acts or omissions causing the death concerned, and the intoxication was self-induced intoxication (within the meaning of section 428A), the effects of that self-induced intoxication are to be disregarded for the purpose of determining whether the person is not liable to be convicted of murder by virtue of this section.

(4)  The onus is on the person accused to prove that he or she is not liable to be convicted of murder by virtue of this section.

(5)  A person who but for this section would be liable, whether as principal or accessory, to be convicted of murder is to be convicted of manslaughter instead.

(6)  The fact that a person is not liable to be convicted of murder in respect of a death by virtue of this section does not affect the question of whether any other person is liable to be convicted of murder in respect of that death.

(7)  If, on the trial of a person for murder, the person contends—

(a)  that the person is entitled to be acquitted on the ground that the person was not criminally responsible because of mental health impairment or cognitive impairment, or

(b)  that the person is not liable to be convicted of murder by virtue of this section,

evidence may be offered by the prosecution tending to prove the other of those contentions, and the Court may give directions as to the stage of the proceedings at which that evidence may be offered.

(8)  For the purposes of this section, a person has a cognitive impairment if—

(a)  the person has an ongoing impairment in adaptive functioning, and

(b)  the person has an ongoing impairment in comprehension, reason, judgment, learning or memory, and

(c)  the impairments result from damage to or dysfunction, developmental delay or deterioration of the person’s brain or mind that may arise from a condition set out in subsection (9) or for other reasons.

(9)  A cognitive impairment may arise from any of the following conditions but may also arise for other reasons—

(a)  intellectual disability,

(b)  borderline intellectual functioning,

(c)  dementia,

(d)  an acquired brain injury,

(e)  drug or alcohol related brain damage, including foetal alcohol spectrum disorder,

(f)  autism spectrum disorder.

s 23A: Ins 1974 No 50, sec 5 (b). Subst 1997 No 106, Sch 1 [1]. Am 2020 No 12, Sch 3.7[6]–[8] [9] (am 2020 No 31, Sch 2.5).

24 Manslaughter—punishment

Whosoever commits the crime of manslaughter shall be liable to imprisonment for 25 years—

Provided that, in any case, if the Judge is of the opinion that, having regard to all the circumstances, a nominal punishment would be sufficient, the Judge may discharge the jury from giving any verdict, and such discharge shall operate as an acquittal.

s 24: Am 1974 No 50, sec 5 (c); 1989 No 218, Sch 1 (5).

25 (Repealed)

s 25: Rep 1992 No 83, Sch 1 (3).

25A Assault causing death

(1)  A person is guilty of an offence under this subsection if—

(a)  the person assaults another person by intentionally hitting the other person with any part of the person’s body or with an object held by the person, and

(b)  the assault is not authorised or excused by law, and

(c)  the assault causes the death of the other person.

Maximum penalty—Imprisonment for 20 years.

(2)  A person who is of or above the age of 18 years is guilty of an offence under this subsection if the person commits an offence under subsection (1) when the person is intoxicated.

Maximum penalty—Imprisonment for 25 years.

(3)  For the purposes of this section, an assault causes the death of a person whether the person is killed as a result of the injuries received directly from the assault or from hitting the ground or an object as a consequence of the assault.

(4)  In proceedings for an offence under subsection (1) or (2), it is not necessary to prove that the death was reasonably foreseeable.

(5)  It is a defence in proceedings for an offence under subsection (2)—

(a)  if the intoxication of the accused was not self-induced (within the meaning of Part 11A), or

(b)  if the accused had a significant cognitive impairment at the time the offence was alleged to have been committed (not being a temporary self-induced impairment).

(6)  In proceedings for an offence under subsection (2)—

(a)  evidence may be given of the presence and concentration of any alcohol, drug or other substance in the accused’s breath, blood or urine at the time of the alleged offence as determined by an analysis carried out in accordance with Division 4 of Part 10 of the Law Enforcement (Powers and Responsibilities) Act 2002, and

(b)  the accused is conclusively presumed to be intoxicated by alcohol if the prosecution proves in accordance with an analysis carried out in accordance with that Division that there was present in the accused’s breath or blood a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

(7)  If on the trial of a person for murder or manslaughter the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1) or (2), the jury may acquit the person of murder or manslaughter and find the person guilty of an offence under subsection (1) or (2). The person is liable to punishment accordingly.

(8)  If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1), the jury may acquit the person of the offence under subsection (2) and find the person guilty of an offence under subsection (1). The person is liable to punishment accordingly.

(9)  Section 18 does not apply to an offence under subsection (1) or (2).

(10)  In this section, cognitive impairment includes an intellectual disability, a developmental disorder (including an autistic spectrum disorder), a neurological disorder, dementia, a mental illness or a brain injury.

s 25A: Ins 2014 No 2, Sch 1 [2].

25B Assault causing death when intoxicated—mandatory minimum sentence

(1)  A court is required to impose a sentence of imprisonment of not less than 8 years on a person guilty of an offence under section 25A (2). Any non-parole period for the sentence is also required to be not less than 8 years.

(2)  If this section requires a person to be sentenced to a minimum period of imprisonment, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or no sentence (or to impose a lesser non-parole period).

(3)  Nothing in this section (apart from subsection (2)) affects the provisions of the Crimes (Sentencing Procedure) Act 1999 or any other Act or law relating to the sentencing of offenders.

(4)  Nothing in this section affects the prerogative of mercy.

s 25B: Ins 2014 No 2, Sch 1 [2].

25C Supply of drugs causing death

(1)  A person is guilty of an offence under this section if—

(a)  the person supplies a prohibited drug to another person for financial or material gain, and

(b)  the drug is self-administered by another person (whether or not the person to whom the drug was supplied), and

(c)  the self-administration of the drug causes or substantially causes the death of that other person.

Maximum penalty—Imprisonment for 20 years.

(2)  In proceedings for an offence under this section, it is necessary to prove that the accused knew, or ought reasonably to have known, that supplying the prohibited drug would expose another person (whether or not the person to whom the drug was supplied) to a significant risk of death as a result of the self-administration of the drug.

(3)  A person does not commit an offence under this section for supplying a prohibited drug if the person is authorised to supply the drug under the Poisons and Therapeutic Goods Act 1966.

(4)  Proceedings for an offence under this section may only be instituted by or with the approval of the Director of Public Prosecutions.

(5)  Section 18 does not apply to an offence under this section.

(6)  In this section—

prohibited drug means any substance specified in Schedule 1 to the Drug Misuse and Trafficking Act 1985, but does not include a prohibited plant within the meaning of that Act.

s 25C: Ins 2018 No 94, Sch 2.1.

Division 2 Conspiracy to murder

pt 3, div 2, hdg: Ins 2000 No 53, Sch 3.3 [4].

26 Conspiring to commit murder

Whosoever—

conspires and agrees to murder any person, whether a subject of Her Majesty or not, and whether within the Queen’s dominions or not, or

solicits, encourages, persuades, or endeavours to persuade, or proposes to, any person to commit any such murder,

shall be liable to imprisonment for 25 years.

s 26: Am 1989 No 218, Sch 1 (6).

Division 3 Attempts to murder

pt 3, div 3, hdg: Ins 2000 No 53, Sch 3.3 [5].

27 Acts done to the person with intent to murder

Whosoever—

administers to, or causes to be taken by, any person any poison, or other destructive thing, or

by any means wounds, or causes grievous bodily harm to any person,

with intent in any such case to commit murder,
shall be liable to imprisonment for 25 years.

s 27: Am 1955 No 16, sec 5 (c); 1989 No 218, Sch 1 (7).

28 Acts done to property with intent to murder

Whosoever—

sets fire to any vessel, or any chattel therein, or any part of her tackle apparel or furniture, or

casts away or destroys any vessel, or

by the explosion of gunpowder, or other explosive substance, destroys, or damages any building, or

places, or throws, any matter or thing upon or across a railway, or

removes, or displaces any sleeper, or other thing belonging to a railway,

with intent in any such case to commit murder,
shall be liable to imprisonment for 25 years.

s 28: Am 1955 No 16, sec 5 (d); 1989 No 218, Sch 1 (8).

29 Certain other attempts to murder

Whosoever—

attempts to administer to, or cause to be taken by, any person any poison, or other destructive thing, or

shoots at, or in any manner attempts to discharge any kind of loaded arms at any person, or

attempts to drown, suffocate, or strangle any person,

with intent in any such case to commit murder,
shall, whether any bodily injury is effected or not, be liable to imprisonment for 25 years.

s 29: Am 1989 No 218, Sch 1 (9).

30 Attempts to murder by other means

Whosoever, by any means other than those specified in sections 27 to 29 both inclusive, attempts to commit murder shall be liable to imprisonment for 25 years.

s 30: Am 1951 No 31, Sch; 1989 No 218, Sch 1 (10).

Division 4 Documents containing threats

pt 3, div 4, hdg: Ins 2000 No 53, Sch 3.3 [6].

31 Documents containing threats

s 31, hdg: Subst 1994 No 83, Sch 1 (2).

(1)  A person who intentionally or recklessly, and knowing its contents, sends or delivers, or directly or indirectly causes to be received, any document threatening to kill or inflict bodily harm on any person is liable to imprisonment for 10 years.

(2)  It is immaterial for the purposes of an offence under this section whether or not a document sent or delivered is actually received, and whether or not the threat contained in a document sent, delivered or received is actually communicated to the person concerned or to the recipient or intended recipient of the document (as relevant in the circumstances).

s 31: Subst 1994 No 83, Sch 1 (3). Am 2007 No 38, Sch 1 [3].

Division 5 Suicide

pt 3, div 5, hdg: Ins 2000 No 53, Sch 3.3 [7].

31A Suicide and attempt to commit suicide

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

ss 31A–31C and hdg: Ins 1983 No 180, Sch 1 (2).

31B Survivor of suicide pact

(1)  The survivor of a suicide pact shall not be guilty of murder or manslaughter but may be guilty of an offence under section 31C.

(2)  In this section, suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his or her own life, but nothing done by a person who enters into a suicide pact shall be treated as being done by the person in pursuance of the pact unless it is done while the person has the settled intention of dying in pursuance of the pact.

(3)  The onus of proving the existence of a suicide pact shall lie with the accused person on the balance of probabilities.

31C Aiding etc suicide

(1)  A person who aids or abets the suicide or attempted suicide of another person shall be liable to imprisonment for 10 years.

(2)  Where—

(a)  a person incites or counsels another person to commit suicide, and

(b)  that other person commits, or attempts to commit, suicide as a consequence of that incitement or counsel,

the firstmentioned person shall be liable to imprisonment for 5 years.

Division 6 Acts causing danger to life or bodily harm

pt 3, div 6, hdg: Ins 2000 No 53, Sch 3.3 [8].

32 Impeding endeavours to escape shipwreck

Whosoever—

intentionally or recklessly prevents or impedes any person on board of, or having quitted, any ship or vessel in distress, or wrecked, stranded, or cast on shore, in his or her endeavour to save his or her life, or

intentionally or recklessly prevents or impedes any person in his or her endeavour to save the life of such first-mentioned person,

shall be liable to imprisonment for 25 years.

s 32: Am 1989 No 218, Sch 1 (11); 2007 No 38, Sch 1 [3].

32A–32C (Repealed)

s 32A: Ins 1967 No 77, sec 2 (c). Rep 1987 No 287, Sch 1 (3).

s 32B: Ins 1967 No 77, sec 2 (c). Rep 1987 No 287, Sch 1 (3).

s 32C: Ins 1974 No 50, sec 5 (d). Rep 1987 No 287, Sch 1 (3).

33 Wounding or grievous bodily harm with intent

(1) Intent to cause grievous bodily harm A person who—

(a)  wounds any person, or

(b)  causes grievous bodily harm to any person,

with intent to cause grievous bodily harm to that or any other person is guilty of an offence.

Maximum penalty—Imprisonment for 25 years.

(2) Intent to resist arrest A person who—

(a)  wounds any person, or

(b)  causes grievous bodily harm to any person,

with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence.

Maximum penalty—Imprisonment for 25 years.

(3) Alternative verdict If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 35. The person is liable to punishment accordingly.

s 33: Am 1989 No 218, Sch 1 (12). Subst 2007 No 38, Sch 1 [4].

33A Discharging firearm etc with intent

(1) Intent to cause grievous bodily harm A person who—

(a)  discharges any firearm or other loaded arms, or

(b)  attempts to discharge any firearm or other loaded arms,

with intent to cause grievous bodily harm to any person is guilty of an offence.

Maximum penalty—Imprisonment for 25 years.

(2) Intent to resist arrest etc A person who—

(a)  discharges any firearm or other loaded arms, or

(b)  attempts to discharge any firearm or other loaded arms,

with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence.

Maximum penalty—Imprisonment for 25 years.

s 33A: Ins 1974 No 50, sec 5 (e). Am 2001 No 84, Sch 1 [1]. Subst 2007 No 38, Sch 1 [5].

33B Use or possession of weapon to resist arrest etc

(1)  Any person who—

(a)  uses, attempts to use, threatens to use or possesses an offensive weapon or instrument, or

(b)  threatens injury to any person or property,

with intent to commit an indictable offence or with intent to prevent or hinder the lawful apprehension or detention either of himself or herself or any other person or to prevent or hinder a police officer from investigating any act or circumstance which reasonably calls for investigation by the officer is liable to imprisonment for 12 years.

(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 15 years.

s 33B: Ins 1974 No 50, sec 5 (e). Am 1989 No 27, Sch 1 (2); 2001 No 84, Sch 1 [2]; 2006 No 94, Sch 3.7 [1].

34 (Repealed)

s 34: Am 1951 No 31, Sch. Rep 2007 No 38, Sch 1 [6].

35 Reckless grievous bodily harm or wounding

(1) Reckless grievous bodily harm—in company A person who, in the company of another person or persons—

(a)  causes grievous bodily harm to any person, and

(b)  is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

Maximum penalty—Imprisonment for 14 years.

(2) Reckless grievous bodily harm A person who—

(a)  causes grievous bodily harm to any person, and

(b)  is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(3) Reckless wounding—in company A person who, in the company of another person or persons—

(a)  wounds any person, and

(b)  is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(4) Reckless wounding A person who—

(a)  wounds any person, and

(b)  is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

(5) Alternative verdict If on the trial of a person charged with an offence against any subsection of this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section (that carries a lesser maximum penalty), the jury may acquit the person of the offence charged and find the person guilty of an offence against that other subsection. The person is liable to punishment accordingly.

s 35: Am 1974 No 50, sec 5 (f). Subst 1983 No 10, Sch 1 (1). Am 2001 No 84, Sch 1 [3]. Subst 2007 No 38, Sch 1 [7]. Am 2012 No 41, Sch 1 [1].

35A Causing dog to inflict grievous bodily harm or actual bodily harm

(1) Cause dog to inflict grievous bodily harm A person who—

(a)  has control of a dog, and

(b)  does any act that causes the dog to inflict grievous bodily harm on another person, and

(c)  is reckless as to the injury that may be caused to a person by the act,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(2) Cause dog to inflict actual bodily harm A person who—

(a)  has control of a dog, and

(b)  does any act that causes the dog to inflict actual bodily harm on another person, and

(c)  is reckless as to the injury that may be caused to a person by the act,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(3) Alternative finding If, on the trial of a person for an offence under subsection (1), it appears that grievous bodily harm was not inflicted on the other person but that actual bodily harm was inflicted, the person may be found not guilty of the offence charged but guilty of an offence under subsection (2) and be liable to punishment accordingly.

(4) Doing an act includes omitting to do the act In this section, a reference to the doing of an act includes a reference to omitting to do the act.

s 35A: Ins 1993 No 23, Sch 1 (1). Am 2007 No 38, Sch 1 [8].

36 (Repealed)

s 36: Rep 1924 No 10, sec 5 (a). Ins 1990 No 101, Sch 2. Rep 2007 No 38, Sch 1 [9].

37 Choking, suffocation and strangulation

(1A)  A person is guilty of an offence if the person intentionally chokes, suffocates or strangles another person without the other person’s consent.

Maximum penalty—imprisonment for 5 years.

(1)  A person is guilty of an offence if the person—

(a)  intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and

(b)  is reckless as to rendering the other person unconscious, insensible or incapable of resistance.

Maximum penalty—imprisonment for 10 years.

(2)  A person is guilty of an offence if the person—

(a)  chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and

(b)  does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.

Maximum penalty—imprisonment for 25 years.

(3)  In this section—

another indictable offence means an indictable offence other than an offence against this section.

s 37: Am 1989 No 218, Sch 1 (13). Subst 2014 No 23, Sch 1 [1]. Am 2018 No 83, Sch 3.1.

38 Using intoxicating substance to commit an indictable offence

A person who—

(a)  administers an intoxicating substance to another person, or

(b)  causes another person to take an intoxicating substance,

with intent to enable himself or herself, or to assist a third person, to commit an indictable offence is guilty of an offence.

Maximum penalty—Imprisonment for 25 years.

s 38: Am 1989 No 218, Sch 1 (14). Subst 2008 No 1, Sch 1 [3].

38A Spiking drink or food

(1)  In this section—

harm includes an impairment of the senses or understanding of a person that the person might reasonably be expected to object to in the circumstances.

impair includes further impair.

(2)  A person—

(a)  who causes another person to be given or to consume drink or food—

(i)  containing an intoxicating substance that the other person is not aware it contains, or

(ii)  containing more of an intoxicating substance than the other person would reasonably expect it to contain, and

(b)  who intends a person to be harmed by the consumption of the drink or food,

is guilty of an offence.

Maximum penalty—Imprisonment for 2 years or 100 penalty units, or both.

(3)  For the purposes of this section, giving a person drink or food includes preparing the drink or food for the person or making it available for consumption by the person.

(4)  A person does not commit an offence against this section if the person has reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person had been aware of the presence and quantity of the intoxicating substance in the drink or food.

(5)  A person who uses an intoxicating substance in the course of any medical, dental or other health professional practice does not commit an offence against this section.

(6)  An offence against this section is a summary offence.

s 38A: Ins 2008 No 1, Sch 1 [4].

39 Using poison etc to endanger life or inflict grievous bodily harm

(1)  A person is guilty of an offence if—

(a)  the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and

(b)  the poison, intoxicating substance or other thing endangers the life of, or inflicts grievous bodily harm on, the other person, and

(c)  the person intends to injure, or is reckless about injuring, the other person.

Maximum penalty—Imprisonment for 10 years.

(2)  If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 41 or 41A, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 41 or 41A. The person is liable to punishment accordingly.

s 39: Subst 2007 No 38, Sch 1 [10]. Am 2008 No 1, Sch 1 [5].

40 (Repealed)

s 40: Am 1951 No 31, Sch. Rep 2007 No 38, Sch 1 [10].

41 Using poison etc to injure or to cause distress or pain

A person is guilty of an offence if—

(a)  the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and

(b)  the person intends to injure, or to cause distress or pain to, the other person.

Maximum penalty—Imprisonment for 5 years.

s 41: Subst 2007 No 38, Sch 1 [10]. Am 2008 No 1, Sch 1 [6].

41A Poisoning etc of water supply

A person is guilty of an offence if—

(a)  the person introduces any poison or other destructive or noxious thing into a supply of water, and

(b)  the person intends to injure any person or persons.

Maximum penalty—Imprisonment for 5 years.

s 41A: Ins 1980 No 53, Sch 1 (2). Subst 2007 No 38, Sch 1 [10].

41B Unauthorised administration of prescribed substance

(1)  A person commits a crime if—

(a)  the person (the first person) administers a prescribed substance to another person, and

(b)  the first person is not authorised by the Voluntary Assisted Dying Act 2022, section 60(6) to administer the prescribed substance to the other person.

Maximum penalty—imprisonment for life.

(2)  In this section—

prescribed substance has the same meaning as in the Voluntary Assisted Dying Act 2022.

s 41B: Ins 2022 No 17, Sch 1A.2.

41C Inducing another person to request or access voluntary assisted dying

(1)  A person commits a crime if the person, by dishonesty or pressure or duress induces another person—

(a)  to make a request for access to voluntary assisted dying, or

(b)  to access voluntary assisted dying.

Maximum penalty—imprisonment for 7 years.

(2)  In this section—

pressure or duress has the same meaning as in the Voluntary Assisted Dying Act 2022.

request for access to voluntary assisted dying means any of the following under the Voluntary Assisted Dying Act 2022—

(a)  a first request,

(b)  a written declaration,

(c)  a final request,

(d)  an administration decision.

voluntary assisted dying has the same meaning as in the Voluntary Assisted Dying Act 2022.

s 41C: Ins 2022 No 17, Sch 1A.2.

41D Inducing self-administration of prescribed substance

(1)  A person commits a crime if the person, by dishonesty or pressure or duress, induces another person to self-administer a prescribed substance.

Maximum penalty—imprisonment for life.

(2)  In this section—

prescribed substance has the same meaning as in the Voluntary Assisted Dying Act 2022.

pressure or duress has the same meaning as in the Voluntary Assisted Dying Act 2022.

s 41D: Ins 2022 No 17, Sch 1A.2.

41E Advertising Schedule 4 or 8 poison as voluntary assisted dying substance

(1)  A person commits a crime if the person advertises a Schedule 4 poison or Schedule 8 poison as a voluntary assisted dying substance.

Maximum penalty—330 penalty units or imprisonment for 3 years, or both.

(2)  In this section—

Schedule 4 poison has the same meaning as in the Voluntary Assisted Dying Act 2022.

Schedule 8 poison has the same meaning as in the Voluntary Assisted Dying Act 2022.

voluntary assisted dying substance has the same meaning as in the Voluntary Assisted Dying Act 2022.

s 41E: Ins 2022 No 17, Sch 1A.2.

42 Injuries to child at time of birth

Whosoever, during or after the delivery of a child, intentionally or recklessly inflicts on such child, whether then wholly born or not, any grievous bodily harm, shall be liable to imprisonment for fourteen years.

s 42: Am 2007 No 38, Sch 1 [3].

43 Abandoning or exposing a child under 7 years

A person who, without reasonable excuse, intentionally abandons or exposes a child under 7 years of age is guilty of an offence if it causes a danger of death or of serious injury to the child.

Maximum penalty—Imprisonment for 5 years.

s 43: Am 2003 No 85, Sch 1. Subst 2004 No 41, Sch 1 [1].

43A Failure of persons with parental responsibility to care for child

(1)  In this section—

child means a child under 16 years of age.

parental responsibility means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.

(2)  A person—

(a)  who has parental responsibility for a child, and

(b)  who, without reasonable excuse, intentionally or recklessly fails to provide the child with the necessities of life,

is guilty of an offence if the failure causes a danger of death or of serious injury to the child.

Maximum penalty—Imprisonment for 5 years.

s 43A: Ins 2004 No 41, Sch 1 [2].

43B Failure to reduce or remove risk of child becoming victim of child abuse

(1)  A person commits an offence if—

(a)  the person is an adult who carries out work for an organisation, whether as an employee, contractor, volunteer or otherwise (a position holder), and

(b)  the organisation is the employer of an adult worker who engages in child-related work, and

(c)  there is a serious risk that the adult worker will commit a child abuse offence against a child who is, or may come, under the care, supervision or authority of the organisation, and

(d)  the position holder knows that the risk exists, and

(e)  the position holder, by reason of the person’s position, has the power or responsibility to reduce or remove that risk, and

(f)  the position holder negligently fails to reduce or remove that risk.

Maximum penalty—Imprisonment for 2 years.

(2)  In proceedings for an offence under this section, it is not necessary to prove that a child abuse offence has been committed.

(3)  In this section—

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

child means a person who is under the age of 18 years.

child abuse offence means—

(a)  murder or manslaughter of a child (including under section 22A), or

(b)  an offence under section 27, 29, 33, 35, 37, 38, 38A, 39, 41, 41A, 44, 45, 45A, 46, 59, 60E, 86 or 91J or Division 10, 10A, 10B or 15 of Part 3 where the alleged victim is a child, or

(c)  an offence under section 42, 43, 43A, 91G or 91H, or

(d)  an offence of attempting to commit an offence referred to in paragraphs (a)–(c).

child-related work (and engage in child-related work), employer and worker have the same meanings as in the Child Protection (Working with Children) Act 2012.

s 43B: Ins 2018 No 33, Sch 1 [1].

44 Failure of persons to provide necessities of life

(1)  A person—

(a)  who is under a legal duty to provide another person with the necessities of life, and

(b)  who, without reasonable excuse, intentionally or recklessly fails to provide that person with the necessities of life,

is guilty of an offence if the failure causes a danger of death or causes serious injury, or the likelihood of serious injury, to that person.

Maximum penalty—Imprisonment for 5 years.

(2)  A person cannot be found guilty of both an offence against section 43A and an offence against this section in respect of the same act or omission.

s 44: Am 2004 No 41, Sch 1 [3]; 2007 No 38, Sch 1 [11]; 2010 No 135, Sch 9.

45 Prohibition of female genital mutilation

(1)  A person who—

(a)  excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person, or

(b)  aids, abets, counsels or procures a person to perform any of those acts on another person,

is liable to imprisonment for 21 years.

(2)    (Repealed)

(3)  It is not an offence against this section to perform a surgical operation if that operation—

(a)  is necessary for the health of the person on whom it is performed and is performed by a medical practitioner, or

(b)  is performed on a person in labour or who has just given birth, and for medical purposes connected with that labour or birth, by a medical practitioner or authorised professional, or

(c)  is a sexual reassignment procedure and is performed by a medical practitioner.

(4)  In determining whether an operation is necessary for the health of a person only matters relevant to the medical welfare of the person are to be taken into account.

(5)  It is not a defence to a charge under this section that the person mutilated by or because of the acts alleged to have been committed consented to the acts.

(6)  This section applies only to acts occurring after the commencement of the section.

(7)  In this section—

authorised professional means—

(a)  a registered midwife, or

(b)  a midwifery student, or

(c)  in relation to an operation performed in a place outside Australia—a person authorised to practise midwifery by a body established under the law of that place having functions similar to the functions of the Nursing and Midwifery Board of Australia, or

(d)  a medical student.

medical practitioner, in relation to an operation performed in a place outside Australia, includes a person authorised to practise medicine by a body established under the law of that place having functions similar to the Medical Board of Australia.

medical student means—

(a)  a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the medical profession, or

(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a medical practitioner in that place.

midwifery student means—

(a)  a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the midwifery profession, or

(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a midwife practitioner in that place.

sexual reassignment procedure means a surgical procedure to alter the genital appearance of a person to the appearance (as nearly as practicable) of the opposite sex to the sex of the person.

s 45: Rep 1974 No 50, sec 5 (g). Ins 1994 No 58, sec 3. Am 2003 No 45, Sch 2.1 [1] [2]; 2010 No 34, Sch 2.7 [1]; 2014 No 15, Sch 1 [2] [3]; 2017 No 50, Sch 5.5 [1] [2].

45A Removing person from State for female genital mutilation

(1)  A person is guilty of an offence if the person takes another person from the State, or arranges for another person to be taken from the State, with the intention of having female genital mutilation performed on the other person.

Maximum penalty—imprisonment for 21 years.

(2)  In proceedings for an offence under subsection (1) and in the absence of proof to the contrary, it is to be presumed that the accused took another person, or arranged for another person to be taken, from the State with the intention of female genital mutilation being performed on the other person if it is proved that—

(a)  the accused took the person, or arranged for the person to be taken, from the State, and

(b)  female genital mutilation was performed on the person while outside the State.

(3)  It is not a defence to a charge under this section that the person taken from the State consented to being so taken.

(4)  In this section—

female genital mutilation means an act referred to in section 45 (1) (a), the performance of which would be an offence against that section if performed in the State.

s 45A: Ins 2014 No 15, Sch 1 [4].

46 Causing bodily injury by gunpowder etc

Whosoever intentionally or recklessly by the explosion of gunpowder or other substance, or the use of any corrosive fluid, or destructive matter, burns maims disfigures disables, or does grievous bodily harm to, any person, shall be liable to imprisonment for 25 years.

s 46: Am 1989 No 218, Sch 1 (15); 2007 No 38, Sch 1 [3].

47 Using etc explosive substance or corrosive fluid etc

Whosoever—

causes any gunpowder or other explosive substance to explode, or

sends, or delivers to, or causes to be taken, or received by, any person, any explosive substance, or other dangerous or noxious thing, or

puts or lays at any place, or casts or throws at, or upon, or otherwise applies to, any person, any corrosive fluid or any destructive or explosive substance (including petrol),

with intent in any such case to burn maim disfigure disable, or do grievous bodily harm to, any person,
shall, whether bodily injury is effected or not, be liable to imprisonment for 25 years.

s 47: Am 1989 No 218, Sch 1 (16); 2007 No 38, Sch 1 [12]; 2017 No 40, Sch 1.5 [1].

48 Causing explosives to be placed in or near building, conveyance or public place

(1)  A person who causes an explosive to be placed in or near—

(a)  a building, or

(b)  a vehicle, vessel, train or other conveyance, or

(c)  a public place,

with the intention of causing bodily harm to any person, is guilty of an offence.

Maximum penalty—Imprisonment for 14 years.

(2)  A person commits an offence under this section whether or not—

(a)  any explosion occurs, or

(b)  any bodily harm is caused.

s 48: Subst 2004 No 48, Sch 1 [2].

49 Setting trap etc

(1)  Any person who—

(a)  places or sets, or causes to be placed or set, any trap, device or thing (whether its nature be electronic, electric, mechanical, chemical or otherwise) capable of destroying human life or inflicting grievous bodily harm on any person, or

(b)  knowingly permits any such trap, device or thing to continue to be placed or set,

with intent to inflict grievous bodily harm shall be liable to imprisonment for five years.

(2)  Nothing in subsection (1) shall extend to any gin or trap, placed with the intention of destroying vermin, or to any trap, device or thing placed in a dwelling-house for the protection thereof.

s 49: Subst 1974 No 50, sec 5 (h).

49A Throwing rocks and other objects at vehicles and vessels

(1)  A person is guilty of an offence if—

(a)  the person intentionally throws an object at, or drops an object on or towards, a vehicle or vessel that is on any road, railway or navigable waters, and

(b)  there is a person in the vehicle or vessel, and

(c)  the conduct risks the safety of any person.

Maximum penalty—Imprisonment for 5 years.

(2)  This section extends to a vehicle or vessel that is stationary at the time that the object is thrown or dropped.

(3)  In the prosecution of an offence under this section, it is not necessary to prove—

(a)  that the accused was aware that his or her conduct risked the safety of any person, or

(b)  that the object made contact with the vehicle or vessel.

(4)  In this section—

road means a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013.

throw includes propel.

vehicle includes—

(a)  a motor vehicle, and

(b)  a train or tram, and

(c)  a bicycle, and

(d)  a vehicle drawn by an animal or an animal ridden by a person.

s 49A: Ins 2008 No 18, Sch 1. Am 2013 No 19, Sch 4.8 [1].

50, 51 (Repealed)

s 50: Rep 1987 No 287, Sch 1 (4).

s 51: Am 1974 No 50, sec 5 (i). Rep 1987 No 287, Sch 1 (4).

51A Predatory driving

(1)  The driver of a vehicle who, while in pursuit of or travelling near another vehicle—

(a)  engages in a course of conduct that causes or threatens an impact involving the other vehicle, and

(b)  intends by that course of conduct to cause a person in the other vehicle actual bodily harm,

is guilty of an offence and liable to imprisonment for 5 years.

(2)  This section does not take away the liability of any person to be prosecuted for or found guilty of an offence under this Act or of any other offence, or affect the punishment that may be imposed for any such offence. However, a person who—

(a)  has been convicted or acquitted of an offence under this section cannot be prosecuted for any other offence under this Act on the same, or substantially the same, facts, or

(b)  has been convicted or acquitted of any other offence under this Act cannot be prosecuted for an offence under this section on the same, or substantially the same, facts.

(3)  In this section—

impact involving a vehicle includes—

(a)  an impact with any other vehicle or with a person or object, or

(b)  the vehicle overturning or leaving a road.

vehicle has the same meaning it has in section 52A.

s 51A: Ins 1997 No 75, Sch 2.

51B Police pursuits

(1)  The driver of a vehicle—

(a)  who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and

(b)  who does not stop the vehicle, and

(c)  who then drives the vehicle recklessly or at a speed or in a manner dangerous to others,

is guilty of an offence.

Maximum penalty—

(a)  in the case of a first offence—imprisonment for 3 years, or

(b)  in the case of an offence on a second or subsequent occasion—imprisonment for 5 years.

(2)  In this section, vehicle has the same meaning as it has in section 52A.

s 51B: Ins 2010 No 2, Sch 1.

52 (Repealed)

s 52: Rep 1987 No 287, Sch 1 (4).

52A Dangerous driving: substantive matters

(1) Dangerous driving occasioning death A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle—

(a)  under the influence of intoxicating liquor or of a drug, or

(b)  at a speed dangerous to another person or persons, or

(c)  in a manner dangerous to another person or persons.

A person convicted of an offence under this subsection is liable to imprisonment for 10 years.

(2) Aggravated dangerous driving occasioning death A person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3) Dangerous driving occasioning grievous bodily harm A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle—

(a)  under the influence of intoxicating liquor or of a drug, or

(b)  at a speed dangerous to another person or persons, or

(c)  in a manner dangerous to another person or persons.

A person convicted of an offence under this subsection is liable to imprisonment for 7 years.

(4) Aggravated dangerous driving occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.

(5) When vehicle is involved in impact—generally For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following—

(a)  the vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),

(b)  an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),

(c)  an impact between the person and the vehicle,

(d)  the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,

(e)  an impact with anything on, or attached to, the vehicle,

(f)  an impact with anything that is in motion through falling from the vehicle,

(g)  the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise),

(h)  an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise).

(6) When vehicle is involved in causing other impacts For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if—

(a)  the death or harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road, and

(b)  the prosecution proves that the vehicle caused the impact.

(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which—

(a)  the prescribed concentration of alcohol was present in the accused’s breath or blood, or

(b)  the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or

(c)  the accused was driving the vehicle to escape pursuit by a police officer, or

(d)  the accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant)—

(a)  to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or

(b)  to the speed at which the vehicle was driven, or

(c)  to the manner in which the vehicle was driven.

(9) Definitions In this section—

drug has the same meaning as it has in the Road Transport Act 2013.

object includes an animal, building, structure, earthwork, embankment, gutter, stormwater channel, drain, bridge, culvert, median strip, post or tree.

prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.

road means—

(a)  a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act), or

(b)  any other place.

vehicle means—

(a)  any motor car, motor carriage, motor cycle or other vehicle propelled wholly or partly by volatile spirit, steam, gas, oil, electricity, or by any other means other than human or animal power, or

(b)  a horse-drawn vehicle,

whether or not it is adapted for road use, but does not mean a vehicle used on a railway or tramway.

s 52A: Ins 1951 No 31, sec 2 (e). Am 1955 No 16, sec 2; 1966 No 31, sec 47; 1974 No 50, sec 5 (j); 1980 No 53, Sch 2 (2); 1983 No 10, Sch 5 (1); 1988 No 81, Sch 2 (1); 1990 No 46, Sch 2. Subst 1994 No 78, Sch 1. Am 1995 No 16, Sch 2.7 [1]; 1997 No 115, Sch 4.4 [1]; 1997 No 135, Sch 1 [1] [2]; 1999 No 19, Sch 2.6 [1] [2]; 2004 No 11, Sch 4 [1]; 2005 No 11, Sch 3.5 [1]; 2007 No 99, Sch 3.5 [1] [2]; 2013 No 19, Sch 4.8 [2] [3].

52AA Dangerous driving: procedural matters

(1) Presumption as to intoxication For the purposes of section 52A, the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s breath or blood at the time of the impact occasioning death or grievous bodily harm.

(2) Evidence of intoxication—alcohol For the purposes of section 52A, evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm as determined by a blood analysis carried out in accordance with Part 4 of Schedule 3 to the Road Transport Act 2013.

(3) Time of intoxication A concentration of alcohol determined by the means referred to in subsection (2) is taken to be the concentration of alcohol in the accused’s blood at the time of the impact occasioning death or grievous bodily harm—

(a)  if the blood sample that was analysed was taken within 2 hours after the impact, and

(b)  unless the accused proves that the concentration of alcohol in the accused’s blood at the time of the impact was less than the prescribed concentration of alcohol.

(3A) Evidence of intoxication—drugs For the purposes of section 52A, evidence may be given of the concentration of a drug (other than alcohol) present in the accused’s blood or urine at the time of the impact occasioning death or grievous bodily harm as determined by a blood or urine analysis carried out in accordance with Part 4 of Schedule 3 to the Road Transport Act 2013.

(3B) Time of intoxication A concentration of a drug (other than alcohol) determined by the means referred to in subsection (3A) is taken to be the concentration of the drug in the accused’s blood or urine at the time of the impact occasioning death or grievous bodily harm—

(a)  if the blood or urine sample that was analysed was taken within 4 hours after the impact, and

(b)  unless the accused proves that there was no such drug in the accused’s blood or urine at the time of the impact.

(4) Alternative verdicts If on the trial of a person who is indicted for murder or manslaughter or for an offence under section 53 or 54 the jury is satisfied that the person is guilty of an offence under section 52A, it may find the accused guilty of the offence under section 52A, and the accused is liable to punishment accordingly.

(5) Question of aggravation If on the trial of a person for an offence under section 52A (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 52A (1) or (3), it may find that the accused is guilty of the offence under section 52A (1) or (3), and the accused is liable to punishment accordingly.

(6) Double jeopardy This section does not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence or affect the punishment that may be imposed for any such offence. However, a person who—

(a)  has been convicted or acquitted of an offence under section 52A cannot be prosecuted for murder or manslaughter or for any other offence under this Act on the same, or substantially the same, facts, or

(b)  has been convicted or acquitted of murder or manslaughter or of any other offence under this Act cannot be prosecuted for an offence under section 52A on the same, or substantially the same, facts.

(7) Definitions In this section—

prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.

s 52AA: Ins 1994 No 78, Sch 1. Am 1995 No 16, Sch 2.7 [2]; 1997 No 115, Sch 4.4 [2]; 1999 No 19, Sch 2.6 [3]; 2005 No 11, Sch 3.5 [2]; 2006 No 79, Sch 2.1 [1]–[3]; 2007 No 99, Sch 3.5 [3] [4]; 2013 No 19, Sch 4.8 [4]–[6]; 2015 No 61, Sch 1 [1] [2].

52AB Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm

(1)  A person is guilty of an offence if—

(a)  a vehicle being driven by the person is involved in an impact occasioning the death of another person, and

(b)  the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and

(c)  the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.

Maximum penalty—imprisonment for 10 years.

(2)  A person is guilty of an offence if—

(a)  a vehicle being driven by the person is involved in an impact occasioning grievous bodily harm to another person, and

(b)  the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and

(c)  the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.

Maximum penalty—imprisonment for 7 years.

(3)  The provisions of section 52A (5) and (6) (which prescribe circumstances in which a vehicle is taken to be involved in an impact) apply for the purposes of this section in the same way as they apply for the purposes of section 52A.

(4)  In this section, vehicle has the same meaning as it has in section 52A.

s 52AB: Ins 2005 No 74, Sch 1.

52B Dangerous navigation: substantive matters

(1) Dangerous navigation occasioning death A person is guilty of the offence of dangerous navigation occasioning death if the vessel navigated by the person is involved in an impact occasioning the death of another person and the person navigating the vessel was, at the time of the impact, navigating the vessel—

(a)  under the influence of intoxicating liquor or of a drug, or

(b)  at a speed dangerous to another person or persons, or

(c)  in a manner dangerous to another person or persons.

A person convicted of an offence under this subsection is liable to imprisonment for 10 years.

(2) Aggravated dangerous navigation occasioning death A person is guilty of the offence of aggravated dangerous navigation occasioning death if the person commits the offence of dangerous navigation occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3) Dangerous navigation causing grievous bodily harm A person is guilty of the offence of dangerous navigation causing grievous bodily harm if the vessel navigated by the person is involved in an impact occasioning grievous bodily harm to another person and the person navigating the vessel was, at the time of the impact, navigating the vessel—

(a)  under the influence of intoxicating liquor or of a drug, or

(b)  at a speed dangerous to another person or persons, or

(c)  in a manner dangerous to another person or persons.

A person convicted of an offence under this subsection is liable to imprisonment for 7 years.

(4) Aggravated dangerous navigation occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous navigation occasioning grievous bodily harm if the person commits the offence of dangerous navigation occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.

(5) When vessel is involved in impact—generally For the purposes of this section, the circumstances in which a vessel is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following—

(a)  the vessel overturning or running aground while the person is being conveyed in or on the vessel (whether as a passenger or otherwise),

(b)  an impact between any object and the vessel while the person is being conveyed in or on that vessel (whether as a passenger or otherwise),

(c)  an impact between the person and the vessel,

(d)  the impact of the vessel with another vessel or an object in, on or near which the person is at the time of the impact,

(e)  an impact with anything on, or attached to, the vessel,

(f)  an impact with anything that was in motion through falling from the vessel,

(g)  the person falling from the vessel, or being thrown or ejected from the vessel, while being conveyed in or on the vessel (whether as a passenger or otherwise),

(h)  an impact between any object (including the water and the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vessel, while the person is being conveyed in or on the vessel (whether as a passenger or otherwise).

(6) When vessel is involved in causing other impacts For the purposes of this section, a vessel is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if the death or harm is occasioned through the vessel causing an impact between other vessels or between another vessel and any object or person or causing another vessel to overturn or run aground.

(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which—

(a)  the prescribed concentration of alcohol was present in the accused’s breath or blood, or

(b)  the accused was navigating the vessel at a speed that exceeds the speed limit (if any) applicable to the person navigating the vessel, or to the navigable waters, on which the vessel was navigated at the time of the impact, or

(c)  the accused was navigating the vessel in an attempt to escape pursuit by a police officer, or

(d)  the accused’s ability to navigate was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).

(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant)—

(a)  to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or

(b)  to the speed at which the vessel was navigated, or

(c)  to the manner in which the vessel was navigated.

(9) Definitions In this section—

drug has the same meaning as it has in the Road Transport Act 2013.

object includes a pier, wharf, jetty, pontoon, buoy, breakwater, bridge, support, mooring post or platform, navigation aid, retaining wall, marina, boatshed, slipway or swimming enclosure.

prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

vessel means a vessel within the meaning of the Marine Safety Act 1998.

s 52B: Ins 1983 No 10, Sch 5 (2). Am 1988 No 81, Sch 2 (2); 1990 No 46, Sch 2. Subst 1996 No 6, Sch 1. Am 1997 No 135, Sch 1 [3] [4]; 1999 No 19, Sch 2.6 [4]; 2003 No 27, Sch 3 [1]; 2004 No 11, Sch 4 [2]; 2005 No 4, Sch 2.1 [1]; 2007 No 99, Sch 3.5 [5] [6]; 2013 No 19, Sch 4.8 [7].

52BA Dangerous navigation: procedural matters

(1) Presumption as to intoxication For the purposes of section 52B, the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s breath or blood at the time of the impact occasioning death or grievous bodily harm.

(2) Evidence of intoxication For the purposes of section 52B, evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm as determined by a blood analysis carried out in accordance with Schedule 1 to the Marine Safety Act 1998.

(3) Time of intoxication A concentration of alcohol determined by the means referred to in subsection (2) is taken to be the concentration of alcohol in the accused’s blood at the time of the impact occasioning death or grievous bodily harm—

(a)  if the blood sample that was analysed was taken within 2 hours after the impact, and

(b)  unless the accused proves that the concentration of alcohol in the accused’s blood at that time was less than the prescribed concentration of alcohol.

(4) Alternative verdicts If on the trial of a person who is indicted for murder or manslaughter or for an offence under section 54 the jury is satisfied that the person is guilty of an offence under section 52B, it may find the accused guilty of the offence under section 52B, and the accused is liable to punishment accordingly.

(5) Question of aggravation If on the trial of a person for an offence under section 52B (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 52B (1) or (3), it may find that the accused is guilty of the offence under section 52B (1) or (3), and the accused is liable to punishment accordingly.

(6) Double jeopardy This section does not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence or affect the punishment that may be imposed for any such offence. However, a person who—

(a)  has been convicted or acquitted of an offence under section 52B cannot be prosecuted for murder or manslaughter or for any other offence under this Act on the same, or substantially the same, facts, or

(b)  has been convicted or acquitted of murder or manslaughter or of any other offence under this Act cannot be prosecuted for an offence under section 52B on the same, or substantially the same, facts.

(7) Definition In this section—

prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

s 52BA: Ins 1996 No 6, Sch 1. Am 2005 No 4, Sch 2.1 [2]; 2007 No 99, Sch 3.5 [7] [8].

53 Injuries by furious driving etc

Whosoever, being at the time on horseback, or in charge of any carriage or other vehicle, by wanton or furious riding, or driving, or racing, or other misconduct, or by wilful neglect, does or causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.

54 Causing grievous bodily harm

Whosoever by any unlawful or negligent act, or omission, causes grievous bodily harm to any person, shall be liable to imprisonment for two years.

54A Offence of causing loss of a foetus

(1)  A person commits an offence against this section (an offence of causing the loss of a foetus) if—

(a)  the person’s act or omission constitutes an offence under a GBH provision (the relevant GBH provision), and

(b)  the act or omission consists of, or includes, causing the loss of a foetus of a pregnant woman.

(2)  To avoid doubt, if the act or omission that caused the loss of the foetus of the pregnant woman caused other injuries to the pregnant woman, the person may, in addition to the offence of causing the loss of a foetus, be charged and convicted of another offence under this Act in relation to the pregnant woman’s other injuries.

(3)  A person who commits an offence of causing the loss of a foetus is liable for a maximum penalty that equals the total of the following—

(a)  the maximum penalty for the relevant GBH provision,

(b)  3 years’ imprisonment.

(4)  In sentencing a defendant for an offence of causing the loss of a foetus and another offence committed against the pregnant woman arising from the same act or omission, a court—

(a)  may take into account any other injuries caused to the pregnant woman by the defendant’s act or omission, but

(b)  may not impose a total sentence that is more than the maximum penalty referred to in subsection (3).

(5)  In a proceeding for an offence of causing the loss of a foetus it is not necessary for the prosecution to prove that the defendant knew, or ought reasonably to have known, that the woman was pregnant, unless that knowledge is an element of the relevant GBH provision.

(6)  This section does not apply to—

(a)  the termination of a pregnancy under the Abortion Law Reform Act 2019, or

(b)  an act or omission of a pregnant woman that results in the loss of the woman’s foetus.

(7)  In this section—

foetus means a foetus—

(a)  of at least 20 weeks’ gestation, or

(b)  if it is not possible to reliably establish the period of gestation—that has a body mass of at least 400 grams.

GBH provision means a provision of this Act that creates an offence involving physical elements of causing grievous bodily harm to a person.

s 54A: Ins 2021 No 36, Sch 1[1].

54B Offence of causing loss of a foetus (death of pregnant woman)

(1)  A person commits an offence against this section (an offence of causing the loss of a foetus (death of pregnant woman)) if—

(a)  the person’s act or omission constitutes an offence under a homicide provision (the relevant homicide provision), and

(b)  the victim of the offence is a pregnant woman, and

(c)  the act or omission includes causing the loss of the pregnant woman’s foetus.

(2)  A person may be charged with an offence of causing the loss of a foetus (death of pregnant woman) in relation to an act or omission of the person only if the person is also charged with an offence under the relevant homicide provision in relation to the same act or omission.

(3)  A person who commits an offence of causing the loss of a foetus (death of pregnant woman) is liable for a maximum penalty of 3 years’ imprisonment.

(4)  In a proceeding for an offence of causing the loss of a foetus (death of pregnant woman) it is not necessary for the prosecution to prove that the defendant knew, or ought reasonably to have known, that the woman was pregnant.

(5)  This section does not apply to—

(a)  the termination of a pregnancy under the Abortion Law Reform Act 2019, or

(b)  an act or omission of a pregnant woman that results in the loss of the woman’s foetus.

(6)  In this section—

foetus means a foetus—

(a)  of at least 20 weeks’ gestation, or

(b)  if it is not possible to reliably establish the period of gestation—that has a body mass of at least 400 grams.

homicide provision means the following provisions—

(a)  section 18,

(b)  section 25A(1),

(c)  section 25A(2),

(d)  section 25C,

(e)  section 52A(1),

(f)  section 52A(2),

(g)  section 52AB(1),

(h)  section 52B(1),

(i)  section 52B(2),

(j)  section 93O.

s 54B: Ins 2021 No 36, Sch 1[1].

Division 6A Abusive behaviour towards intimate partners

pt 3, div 6A: Ins 2022 No 65, Sch 1[1].

54C Definitions

In this Division—

abusive behaviour—see section 54F.

adult means an individual who is 18 years of age or older.

course of conduct—see section 54G.

intimate partner, of a person (the first person), means a person who—

(a)  is or has been married to the first person, or

(b)  is or has been a de facto partner of the first person, or

Note—

“De facto partner” is defined in the Interpretation Act 1987, section 21C.

(c)  has or has had an intimate personal relationship with the first person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature.

intimidation, of a person, has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

stalking has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

s 54C: Ins 2022 No 65, Sch 1[1].

54D Abusive behaviour towards current or former intimate partners

(1)  An adult commits an offence if—

(a)  the adult engages in a course of conduct against another person that consists of abusive behaviour, and

(b)  the adult and other person are or were intimate partners, and

(c)  the adult intends the course of conduct to coerce or control the other person, and

(d)  a reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause any or all of the following, whether or not the fear or impact is in fact caused—

(i)  fear that violence will be used against the other person or another person, or

(ii)  a serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary day-to-day activities.

Maximum penalty—Imprisonment for 7 years.

(2)  For subsection (1)(a)—

(a)  the course of conduct may be constituted by any combination of abusive behaviours, and

(b)  whether the course of conduct consists of abusive behaviour must be assessed by considering the totality of the behaviours.

s 54D: Ins 2022 No 65, Sch 1[1].

54E Defence

(1)  In proceedings for an offence under section 54D(1), it is a defence if the course of conduct was reasonable in all the circumstances.

(2)  For subsection (1), that the course of conduct was reasonable in all the circumstances is taken to be proven if—

(a)  evidence adduced is capable of raising an issue as to whether the course of conduct is reasonable in all the circumstances, and

(b)  the prosecution does not prove beyond reasonable doubt that the course of conduct is not reasonable in all the circumstances.

s 54E: Ins 2022 No 65, Sch 1[1].

54F Meaning of “abusive behaviour”

(1)  In this Division, abusive behaviour means behaviour that consists of or involves—

(a)  violence or threats against, or intimidation of, a person, or

(b)  coercion or control of the person against whom the behaviour is directed.

(2)  Without limiting subsection (1), engaging in, or threatening to engage in, the following behaviour may constitute abusive behaviour—

(a)  behaviour that causes harm to a child if a person fails to comply with demands made of the person,

(b)  behaviour that causes harm to the person against whom the behaviour is directed, or another adult, if the person fails to comply with demands made of the person,

(c)  behaviour that is economically or financially abusive,

Examples for paragraph (c)—

•  withholding financial support necessary for meeting the reasonable living expenses of a person, or another person living with or dependent on the person, in circumstances in which the person is dependent on the financial support to meet the person’s living expenses

•  preventing, or unreasonably restricting or regulating, a person seeking or keeping employment or having access to or control of the person’s income or financial assets, including financial assets held jointly with another person

(d)  behaviour that shames, degrades or humiliates,

(e)  behaviour that directly or indirectly harasses a person, or monitors or tracks a person’s activities, communications or movements, whether by physically following the person, using technology or in another way,

(f)  behaviour that causes damage to or destruction of property,

(g)  behaviour that prevents the person from doing any of the following or otherwise isolates the person—

(i)  making or keeping connections with the person’s family, friends or culture,

(ii)  participating in cultural or spiritual ceremonies or practice,

(iii)  expressing the person’s cultural identity,

(h)  behaviour that causes injury or death to an animal, or otherwise makes use of an animal to threaten a person,

(i)  behaviour that deprives a person of liberty, restricts a person’s liberty or otherwise unreasonably controls or regulates a person’s day-to-day activities.

Examples for paragraph (i)—

•  making unreasonable demands about how a person exercises the person’s personal, social or sexual autonomy and making threats of negative consequences for failing to comply with the demands

•  denying a person access to basic necessities including food, clothing or sleep

•  withholding necessary medical or other care, support, aids, equipment or essential support services from a person or compelling the person to take medication or undertake medical procedures

s 54F: Ins 2022 No 65, Sch 1[1].

54G Meaning of “course of conduct”

(1)  In this Division, a course of conduct means engaging in behaviour—

(a)  either repeatedly or continuously, or

(b)  both repeatedly and continuously.

(2)  For subsection (1), behaviour does not have to be engaged in—

(a)  as an unbroken series of incidents, or

(b)  in immediate succession.

(3)  For subsection (1), a course of conduct includes behaviour engaged in—

(a)  in this State, and

(b)  in this State and another jurisdiction.

s 54G: Ins 2022 No 65, Sch 1[1].

54H Procedural requirements

(1)  In proceedings for an offence under section 54D(1)—

(a)  if a specific incident of abusive behaviour is alleged to form part of the course of conduct, the prosecution is not required to allege the particulars that would be necessary if the incident were charged as a separate offence, but

(b)  the prosecution is required to allege—

(i)  the nature and description of the behaviours that amount to the course of conduct, and

(ii)  the particulars of the period of time over which the course of conduct took place.

(2)  For the accused to be convicted of an offence under section 54D(1), the trier of fact—

(a)  must be satisfied beyond reasonable doubt that the evidence establishes a course of conduct that consists of abusive behaviour, and

(b)  is not required to be satisfied of the particulars of any specific incident of behaviour alleged to form part of the course of conduct that it would have to be satisfied of if the incident were charged as a separate offence.

Note—

This Division does not affect the common law in relation to double jeopardy.

s 54H: Ins 2022 No 65, Sch 1[1].

54I Coercive Control Implementation and Evaluation Taskforce

(1)  The Minister must establish a Coercive Control Implementation and Evaluation Taskforce.

(2)  The taskforce is to include the following members appointed by the Minister—

(a)  the Secretary of the department in which this Act is administered, who is to be the chairperson of the taskforce,

(b)  a representative of the NSW Police Force,

(c)  the chair of the Domestic and Family Violence and Sexual Assault Council,

(d)  a member from the domestic and family violence sector with substantial expertise and experience in domestic and family violence service delivery.

(3)  The main purposes of the taskforce are as follows—

(a)  to consult with stakeholders, including reference groups established under this section, about the offence under section 54D (the coercive control offence) and related matters,

(b)  to provide advice about, and monitor, training, education and resourcing in relation to the coercive control offence,

(c)  to provide advice about the commencement dates of, and interaction between, the definition of domestic abuse in the Crimes (Domestic and Personal Violence) Act 2007, section 6A and the coercive control offence,

(d)  to evaluate implementation of the coercive control offence and resourcing in relation to the coercive control offence,

(e)  to monitor the operation of this Division, including—

(i)  the practical application of defences to the coercive control offence, and

(ii)  resourcing in relation to the operation of the Division,

(f)  to provide advice to the Minister about other matters related to a matter in paragraph (a)–(e) or the coercive control offence.

(4)  The chairperson of the taskforce must convene the first meeting of the taskforce within 1 month after the commencement of this section.

(5)  The taskforce must establish reference groups to consider, and provide advice and recommendations to the taskforce about any of the following matters—

(a)  the impact of this Division on specific communities,

Examples—

Aboriginal persons, the LGBTIQA+ community

(b)  particular elements of the Division.

(6)  A reference group must consist of members who have expertise in, or legal knowledge of, the subject matter for which the reference group is established.

Examples of sectors, groups and organisations from which members of reference groups might be drawn—

the domestic and family violence sector, the legal profession, the Judicial Commission of NSW, Aboriginal organisations and groups, the culturally and linguistically diverse sector, LGBTIQA+ groups, the disability sector, youth and childrens groups, victims and survivors of sexual or domestic and family violence and the families of victims and survivors

(7)  In carrying out its purposes, the taskforce must consult with any reference group that is relevant to the particular purpose.

(8)  The taskforce must give the Minister a report in relation to its main purposes—

(a)  at least once in each 6 months during the period between the commencement of this provision and the commencement of the coercive control offence, and

(b)  at least every 12 months after the commencement of the coercive control offence.

(9)  The Minister must ensure a report under subsection (8) is tabled in each House of Parliament within 21 days after receiving it.

(10)  The taskforce ceases to operate, and this section is repealed, on the day on which, under section 54J(5)(c), the report about the third review about this Division is tabled in the Legislative Assembly.

s 54I: Ins 2022 No 65, Sch 1[1].

54J Review of Division

(1)  The Minister must review this Division to determine whether—

(a)  the policy objectives of the Division remain valid, and

(b)  the terms of the Division remain appropriate for securing those objectives.

(2)  Without limiting subsection (1), a review under this section must consider the following—

(a)  whether section 54D(1)(c) should be extended to cover recklessness,

(b)  whether this Division should apply to relationships other than current and former intimate partner relationships,

(c)  the impact of this Division on Aboriginal people, culturally and linguistically diverse people and LGBTQI+ people,

(d)  whether victims of an offence under this Division may be misidentified as perpetrators,

(e)  whether the penalty for the offence under section 54D(1) should be extended,

(f)  the types of behaviour in relation to which prosecutions for an offence under section 54D(1) are proceeding, including whether charges are being laid in relation to non-physical forms of abusive behaviour,

(g)  the extent to which the offence under section 54D(1) is being charged on its own or in combination with other charges,

(h)  the use of the defence under section 54E, including how often and the circumstances in which the defence is being used,

(i)  whether there are variations in the use of the offence under section 54D(1) in different police regions, commands and districts,

(j)  the operation of the Crimes (Domestic and Personal Violence Act 2007, section 6A to assess whether the definition of domestic abuse in that section—

(i)  has had an impact on the education of the community about domestic abuse, and

(ii)  has improved police practice in responding to domestic and family abuse,

(k)  in relation to particular areas in the State and types of courts—

(i)  the number of cases for which proceedings for an offence under section 54D(1) have been commenced, and

(ii)  the number of convictions for an offence under section 54D(1), and

(iii)  the average period between service of a complaint or an indictment for an offence under section 54D(1) and a finding or verdict as to guilt, including a plea guilty.

(3)  In conducting a review under this section, the Minister must have regard to—

(a)  the transcripts of criminal trials, conducted during the period to which the review relates (the review period), that relate to an offence under section 54D(1), and

(b)  the training that has occurred during the review period in relation to the offence under section 54(1), including—

(i)  the type of training, and

(ii)  the number and kinds of persons to whom the training has been provided, including police officers, judicial officers and legal practitioners, and

(iii)  the effectiveness of the training.

(4)  A review under this section is to be undertaken—

(a)  for the first review—as soon as possible after the period of 2 years from the commencement of this Division, and

(b)  for the second and third reviews—as soon as possible after the period of 2 years from the last review under this section.

(5)  A report on the outcome of a review under this section is to be tabled in each House of Parliament within—

(a)  for a report about the first review—within 3 years after the commencement of this Division, and

(b)  for a report about the second review—within 3 years after the report about the first review was required to be tabled under paragraph (a), and

(c)  for a report about the third review—within 3 years after the report about the second review was required to be tabled under paragraph (b).

s 54J: Ins 2022 No 65, Sch 1[1].

Division 7 Possessing or making explosive etc with intent to injure the person

pt 3, div 7, hdg: Ins 2000 No 53, Sch 3.3 [9].

55 Possessing or making explosives or other things with intent to injure

Whosoever knowingly has in his or her possession, or makes, or manufactures, any gunpowder, explosive substance, or dangerous or noxious thing, or any machine, engine, instrument, or thing—

(a)  with intent by means thereof to injure, or otherwise commit a serious indictable offence against the person of any one, or

(b)  for the purpose of enabling another person to injure, or otherwise commit a serious indictable offence against the person of any one,

shall be liable to imprisonment for 10 years.

s 55: Am 1999 No 94, Sch 3 [27]; 2004 No 48, Sch 1 [3].

Division 8 Assaults

pt 3, div 8, hdg: Ins 2000 No 53, Sch 3.3 [10]. Subst 2002 No 45, Sch 1 [1].

56 Obstructing member of the clergy in discharge of his or her duties

s 56, hdg: Am 1998 No 54, Sch 2.6 [3].

Whosoever—

by threats or force prevents, or endeavours to prevent, any member of the clergy, or other person duly authorised in that behalf, from officiating in a place of divine worship, or from the performance of his or her duty in the lawful burial of the dead in a burial-place, or

strikes, or offers any violence to, any member of the clergy, or minister engaged in, or to the knowledge of the offender about to engage in, any of the duties aforesaid, or going to perform the same,

shall be liable to imprisonment for two years.

57 Assault on persons preserving wreck

Whosoever wounds, strikes, or assaults, any person while in the execution of his or her duty concerning the preservation of a vessel in distress, or any vessel or effects, stranded, or cast on shore, or lying under water, with intent to obstruct him or her, or thereby in fact obstructing him or her in the execution of such duty, shall be liable to imprisonment for seven years.

58 Assault with intent to commit a serious indictable offence

Whosoever—

assaults any person with intent to commit a serious indictable offence, or

assaults any person, with intent to resist or prevent the lawful apprehension or detainer of any person for any offence,

shall be liable to imprisonment for 5 years.

s 58: Am 1967 No 77, sec 5 (a); 1988 No 81, Sch 4 (1); 1999 No 94, Sch 3 [28]; 2001 No 121, Sch 2.72 [5]; 2022 No 48, Sch [2] [3].

59 Assault occasioning actual bodily harm

(1)  Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.

s 59: Am 2001 No 84, Sch 1 [4].

59A Assault during public disorder

(1)  A person who assaults any person during a large-scale public disorder, although not occasioning actual bodily harm, is liable to imprisonment for 5 years.

(2)  A person who assaults any person during a large-scale public disorder, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.

(3), (4)    (Repealed)

s 59A: Ins 2005 No 119, Sch 2 [1]. Am 2006 No 61, Sch 1 [2]; 2007 No 97, Sch 1.2.

Division 8A Assaults etc against law enforcement officers and frontline emergency and health workers

pt 3, div 8A, hdg: Ins 2002 No 45, Sch 1 [2]. Subst 2022 No 48, Sch 1[4].

60AA Definitions

In this Division—

community first responder services means rendering emergency first aid to sick or injured persons.

community health services means providing medical or other health treatment to patients in the community on behalf of a public health organisation within the meaning of the Health Services Act 1997.

frontline emergency worker means—

(a)  a member of an emergency services organisation, within the meaning of the State Emergency and Rescue Management Act 1989 other than the Ambulance Service of NSW and the NSW Police Force, who provides emergency or rescue services, or

(b)  a person employed within either of the following while the person is undertaking firefighting activities—

(i)  the National Parks and Wildlife Service,

(ii)  the NSW Forestry Corporation.

frontline health worker means—

(a)  a person employed or otherwise engaged to provide medical or other health treatment to patients—

(i)  in a hospital, or

(ii)  in a health institution under the control of a local health district or statutory health corporation under the Health Services Act 1997, or

(a1)  a medical practitioner or other person employed or otherwise engaged to provide services in a medical practice, or

(b)  a member of the Ambulance Service of NSW, or

(c)  a person employed or otherwise engaged by the St John Ambulance Australia (NSW) who, in that capacity, provides medical care, or

(d)  a member of Hatzolah who, in that capacity, provides medical care, or

(e)  a person who is employed or otherwise engaged to provide community first responder services, or

(f)  a person employed or otherwise engaged to provide community health services, or

(g)  pharmacy staff, or

(h)  a person employed or otherwise engaged to provide security services—

(i)  in a hospital, or

(ii)  in a health institution under the control of a local health district or statutory health corporation under the Health Services Act 1997.

law enforcement officer means—

(a)  a police officer, or

(b)  a Commissioner or Assistant Commissioner of the Independent Commission Against Corruption, or

(c)  an officer of the Independent Commission Against Corruption, within the meaning of the Independent Commission Against Corruption Act 1988, who performs investigation functions, or

(d)  a Commissioner or Assistant Commissioner of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016, or

(e)  any other officer of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016, who performs investigation or confiscation functions, or

(f)  the Commissioner for the New South Wales Crime Commission or an Assistant Commissioner for that Commission, or

(g)  a member of staff of the New South Wales Crime Commission, within the meaning of the Crime Commission Act 2012, who performs investigation or confiscation functions, or

(h)  the Commissioner of Corrective Services, or

(i)  governors of correctional centres, correctional officers and community corrections officers, within the meaning of the Crimes (Administration of Sentences) Act 1999, or

(ia)  a person who is employed or otherwise engaged to provide services to an inmate in a correctional centre, within the meaning of the Crimes (Administration of Sentences) Act 1999, for the purposes of education, health or rehabilitation, or

Example—

a psychologist who provides services to inmates in a correctional centre

(j)  an officer of the Department of Juvenile Justice who works with children who have, or are alleged to have, committed offences and who is employed at or works from a community centre or children’s detention centre, or

(k)  an officer of the Department of Juvenile Justice who is involved in the conduct of youth justice conferences, or

(ka)  a person who is employed or otherwise engaged to provide services to a detainee in a detention centre, within the meaning of the Children (Detention Centres) Act 1987, for the purposes of education, health or rehabilitation, or

Example—

a teacher who provides services to detainees in a detention centre

(l)  a Crown Prosecutor or an Acting Crown Prosecutor, or

(m)  an Australian legal practitioner who is employed as a member of staff of the Director of Public Prosecutions, or

(n)  a sheriff’s officer, or

(o)  a recognised law enforcement officer within the meaning of the Police Act 1990, or

(p)  a special constable within the meaning of section 82L of the Police Act 1990, or

(q)  a person who, under the Prevention of Cruelty to Animals Act 1979, is an appointed officer who—

(i)  is employed by an approved charitable organisation, and

(ii)  exercises investigation, confiscation or other law enforcement functions.

pharmacy staff includes—

(a)  a pharmacist, and

(b)  a pharmacy assistant or another person employed or otherwise engaged to provide services at a pharmacy.

s 60AA: Ins 2002 No 45, Sch 1 [2]. Am 2002 No 130, Sch 4 [1]; 2006 No 120, Sch 3.6 [2]; 2012 No 66, Sch 5.1; 2013 No 56, Sch 3.1; 2016 No 61, Sch 6.7; 2016 No 65, Sch 3.1; 2017 No 44, Sch 1.4; 2018 No 87, Sch 1.8 [1]; 2022 No 48, Sch 1[5]–[8]; 2024 No 22, Sch 2[1] [2]; 2024 No 51, Sch 5.2.

60 Assault and other actions against police officers

(1AA)  A person who hinders or resists, or incites another person to hinder or resist, a police officer in the execution of the officer’s duty commits an offence.

Maximum penalty— Imprisonment for 12 months or a fine of 20 penalty units or both.

(1)  A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.

(1A)  A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.

(2)  A person who assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.

(2A)  A person who, during a public disorder, assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.

(3)  A person who by any means—

(a)  wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and

(b)  is reckless as to causing actual bodily harm to that officer or any other person,

is liable to imprisonment for 12 years.

(3A)  A person who by any means during a public disorder—

(a)  wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and

(b)  is reckless as to causing actual bodily harm to that officer or any other person,

is liable to imprisonment for 14 years.

(4)  For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer’s duty, even though the police officer is not on duty at the time, if it is carried out—

(a)  as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer’s duty, or

(b)  because the officer is a police officer.

s 60: Am 1951 No 31, Sch. Rep 1996 No 6, Sch 1. Ins 1997 No 80, Sch 1. Am 2002 No 45, Sch 1 [3]; 2006 No 61, Sch 1 [3]–[6]; 2007 No 38, Sch 1 [13]; 2012 No 41, Sch 1 [2]; 2022 No 48, Sch 1[9].

60A Assault and other actions against law enforcement officers (other than police officers)

(1AA)  A person who hinders or resists, or incites another person to hinder or resist, a law enforcement officer, other than a police officer, in the execution of the law enforcement officer’s duty commits an offence.

Maximum penalty— Imprisonment for 12 months or a fine of 20 penalty units or both.

(1)  A person who assaults, throws a missile at, stalks, harasses or intimidates a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.

(1A)  A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a law enforcement officer, other than a police officer, in the execution of the officer’s duty commits an offence.

Maximum penalty— Imprisonment for 7 years.

(2)  A person who assaults a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.

(2A)  A person commits an offence if, during a public disorder, the person—

(a)  assaults a law enforcement officer, other than a police officer, in the execution of the officer’s duty, and

(b)  by the assault, causes actual bodily harm to the officer.

Maximum penalty— Imprisonment for 9 years.

(3)  A person who by any means—

(a)  wounds or causes grievous bodily harm to a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, and

(b)  is reckless as to causing actual bodily harm to that officer or any other person,

is liable to imprisonment for 12 years.

(3A)  A person commits an offence if, during a public disorder, the person by any means—

(a)  wounds or causes grievous bodily harm to a law enforcement officer, other than a police officer, in the execution of the officer’s duty, and

(b)  is reckless as to causing actual bodily harm to the officer or another person.

Maximum penalty—Imprisonment for 14 years.

(4)  For the purposes of this section, an action is taken to be carried out in relation to a law enforcement officer while in the execution of the officer’s duty, even though the officer is not on duty at the time, if it is carried out—

(a)  as a consequence of, or in retaliation for, actions undertaken by that officer in the execution of the officer’s duty, or

(b)  because the officer is a law enforcement officer.

s 60A: Ins 2002 No 45, Sch 1 [4]. Am 2006 No 61, Sch 1 [7]; 2007 No 38, Sch 1 [13]; 2012 No 41, Sch 1 [3]; 2022 No 48, Sch 1[10]–[13].

60AB Assault against persons aiding law enforcement officers

A person who assaults a person who comes to the aid of a law enforcement officer who is being assaulted in the course of the officer’s duty commits an offence.

Maximum penalty—Imprisonment for 5 years.

s 60AB: Ins 2022 No 48, Sch 1[14].

60AC Hindering and obstruction of persons aiding law enforcement officers

A person who hinders or obstructs a person who comes to the aid of a law enforcement officer who is being hindered or obstructed in the course of the officer’s duty, commits an offence.

Maximum penalty—Imprisonment for 12 months or a fine of 20 penalty units, or both.

s 60AC: Ins 2022 No 48, Sch 1[14].

60AD Assault and other action against frontline emergency workers

(1)  A person who hinders or obstructs, or incites another person to hinder or obstruct, a frontline emergency worker in the course of the worker’s duty commits an offence.

Maximum penalty— Imprisonment for 12 months or a fine of 20 penalty units, or both.

(2)  A person who assaults, throws a missile at, stalks, harasses or intimidates a frontline emergency worker in the course of the worker’s duty, although no actual bodily harm is caused to the worker, commits an offence.

Maximum penalty—Imprisonment for 5 years.

(3)  A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a frontline emergency worker in the course of the worker’s duty commits an offence.

Maximum penalty— Imprisonment for 7 years.

(4)  A person commits an offence if the person—

(a)  assaults a frontline emergency worker in the course of the worker’s duty, and

(b)  by the assault, causes actual bodily harm to the worker.

Maximum penalty— Imprisonment for 7 years.

(5)  A person commits an offence if, during a public disorder, the person—

(a)  assaults a frontline emergency worker in the course of the worker’s duty, and

(b)  by the assault, causes actual bodily harm to the worker.

Maximum penalty— Imprisonment for 9 years.

(6)  A person commits an offence if the person by any means—

(a)  wounds or causes grievous bodily harm to a frontline emergency worker in the course of the worker’s duty, and

(b)  is reckless as to causing actual bodily harm to the frontline emergency worker or another person.

Maximum penalty— Imprisonment for 12 years.

(7)  A person commits an offence if, during a public disorder, the person by any means—

(a)  wounds or causes grievous bodily harm to a frontline emergency worker in the course of the worker’s duty, and

(b)  is reckless as to causing actual bodily harm to the frontline emergency worker or another person.

Maximum penalty— Imprisonment for 14 years.

(8)  For this section, an action is taken to be carried out in relation to a frontline emergency worker in the course of the worker’s duty, even if the worker is not on duty at the time, if it is carried out—

(a)  as a consequence of, or in retaliation for, actions undertaken by the frontline emergency worker in the course of the worker’s duty, or

(b)  because the worker is a frontline emergency worker.

s 60AD: Ins 2022 No 48, Sch 1[14].

60AE Assault and other action against frontline health workers

(1)  A person who hinders or obstructs, or incites another person to hinder or obstruct, a frontline health worker in the course of the worker’s duty commits an offence.

Maximum penalty— Imprisonment for 12 months or a fine of 20 penalty units, or both.

(2)  A person who assaults, throws a missile at, stalks, harasses or intimidates a frontline health worker in the course of the worker’s duty, although no actual bodily harm is caused to the worker, commits an offence.

Maximum penalty—Imprisonment for 5 years.

(3)  A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a frontline health worker in the course of the worker’s duty commits an offence.

Maximum penalty— Imprisonment for 7 years.

(4)  A person commits an offence if the person—

(a)  assaults a frontline health worker in the course of the worker’s duty, and

(b)  by the assault, causes actual bodily harm to the worker.

Maximum penalty— Imprisonment for 7 years.

(5)  A person commits an offence if, during a public disorder, the person—

(a)  assaults a frontline health worker in the course of the worker’s duty, and

(b)  by the assault, causes actual bodily harm to the worker.

Maximum penalty— Imprisonment for 9 years.

(6)  A person commits an offence if the person by any means—

(a)  wounds or causes grievous bodily harm to a frontline health worker in the course of the worker’s duty, and

(b)  is reckless as to causing actual bodily harm to the frontline health worker or another person.

Maximum penalty— Imprisonment for 12 years.

(7)  A person commits an offence if, during a public disorder, the person by any means—

(a)  wounds or causes grievous bodily harm to a frontline health worker in the course of the worker’s duty, and

(b)  is reckless as to causing actual bodily harm to the frontline health worker or another person.

Maximum penalty— Imprisonment for 14 years.

(8)  For this section, an action is taken to be carried out in relation to a frontline health worker in the course of the worker’s duty, even if the worker is not on duty at the time, if it is carried out—

(a)  as a consequence of, or in retaliation for, actions undertaken by the frontline health worker in the course of the worker’s duty, or

(b)  because the worker is a frontline health worker.

s 60AE: Ins 2022 No 48, Sch 1[14].

60B Actions against third parties connected with law enforcement officers

(1)  A person who assaults, stalks, harasses or intimidates any person with whom a law enforcement officer has a domestic relationship, with the intention of causing the law enforcement officer to fear physical or mental harm—

(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or

(b)  because the law enforcement officer is a law enforcement officer,

is liable to imprisonment for 5 years.

(2)  A person who obtains personal information about a person with whom a law enforcement officer has a domestic relationship, with the intention of using or permitting the use of the information to cause the officer to fear physical or mental harm—

(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or

(b)  because the law enforcement officer is a law enforcement officer,

is liable to imprisonment for 5 years.

(3)  For the purposes of this section, causing a law enforcement officer to fear physical or mental harm includes causing the officer to fear physical or mental harm to another person with whom he or she has a domestic relationship.

(4)  For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.

(5)  For the purposes of this section, the prosecution is not required to prove that the person alleged to have been assaulted, stalked, harassed or intimidated, or the law enforcement officer, actually feared physical or mental harm.

(6)  In this section, domestic relationship has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

s 60B: Ins 2002 No 45, Sch 1 [4]. Am 2006 No 61, Sch 1 [8]; 2006 No 73, Sch 2 [4]; 2007 No 80, Sch 2.7 [1].

60C Obtaining of personal information about law enforcement officers

A person who obtains personal information about a law enforcement officer, with the intention of using or permitting the use of the information for the purpose of assaulting, stalking, harassing, intimidating, or otherwise harming, the officer—

(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or

(b)  because the officer is a law enforcement officer,

is liable to imprisonment for 5 years.

s 60C: Ins 2002 No 45, Sch 1 [4]. Am 2006 No 61, Sch 1 [9].

Division 8B Assaults etc at schools

pt 3, div 8B: Ins 2002 No 135, Sch 1.

60D Definitions

(1)  In this Division—

member of staff of a school includes a person who performs voluntary work for the school.

school means—

(a)  an infants school, primary school or secondary school (however described), and

(b)  a child care facility for children under school age.

school premises includes parks and other community premises that are used by a school (but only while they are being used for the purposes of the school).

school student includes a child attending a child care facility.

(2)  For the purposes of this Division, a school student or member of staff of a school is taken to be attending a school—

(a)  while the student or member of staff is on school premises for the purposes of school work or duty (even if not engaged in school work or duty at the time), or

(b)  while the student or member of staff is on school premises for the purposes of before school or after school child care, or

(c)  while entering or leaving school premises in connection with school work or duty or before school or after school care.

s 60D: Ins 2002 No 135, Sch 1.

60E Assaults etc at schools

(1)  A person who assaults, stalks, harasses or intimidates any school student or member of staff of a school while the student or member of staff is attending a school, although no actual bodily harm is occasioned, is liable to imprisonment for 5 years.

(2)  A person who assaults a school student or member of staff of a school while the student or member of staff is attending a school and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.

(3)  A person who by any means—

(a)  wounds or causes grievous bodily harm to a school student or member of staff of a school while the student or member of staff is attending a school, and

(b)  is reckless as to causing actual bodily harm to that student or member of staff or any other person,

is liable to imprisonment for 12 years.

(4)  A person who enters school premises with intent to commit an offence under another provision of this section is liable to imprisonment for 5 years.

(5)  Nothing in subsection (1) applies to any reasonable disciplinary action taken by a member of staff of a school against a school student.

s 60E: Ins 2002 No 135, Sch 1. Am 2007 No 38, Sch 1 [13]; 2012 No 41, Sch 1 [4].

Division 8C Assaults etc against retail workers

pt 3, div 8C: Ins 2023 No 11, Sch 1.

60F Definitions

In this division—

retail worker means a person whose duties primarily involve working in an area of a shop open to the public.

shop means the whole or a part of a building, place, stall, structure, tent, vehicle or yard in which goods are sold, or offered or exposed for sale, by retail, including by auction.

s 60F: Ins 2023 No 11, Sch 1.

60G Assault and other action against retail workers

(1)  A person who assaults, throws a missile at, stalks, harasses or intimidates a retail worker in the course of the worker’s duty, although no actual bodily harm is caused to the worker, commits an offence.

Maximum penalty—imprisonment for 4 years.

(2)  A person commits an offence if the person—

(a)  assaults a retail worker in the course of the worker’s duty, and

(b)  by the assault, causes actual bodily harm to the worker.

Maximum penalty—imprisonment for 6 years.

(3)  A person commits an offence if the person by any means—

(a)  wounds or causes grievous bodily harm to a retail worker in the course of the worker’s duty, and

(b)  is reckless as to causing actual bodily harm to the retail worker or another person.

Maximum penalty—imprisonment for 11 years.

(4)  For this section, an action is taken to be carried out in relation to a retail worker in the course of the worker’s duty, even if the worker is not on duty at the time, if the action is carried out as a consequence of, or in retaliation for, actions undertaken by the retail worker in the course of the worker’s duty.

s 60G: Ins 2023 No 11, Sch 1.

Division 9 Common assaults

pt 3, div 9, hdg: Ins 2000 No 53, Sch 3.3 [11].

61 Common assault prosecuted by indictment

Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.

s 61: Am 1974 No 50, sec 5 (k).

Division 9A Defence of lawful correction

pt 3, div 9A: Ins 2001 No 89, Sch 1 [1] (am 2002 No 53, Sch 2.11).

61AA Defence of lawful correction

(1)  In criminal proceedings brought against a person arising out of the application of physical force to a child, it is a defence that the force was applied for the purpose of the punishment of the child, but only if—

(a)  the physical force was applied by the parent of the child or by a person acting for a parent of the child, and

(b)  the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances.

(2)  The application of physical force, unless that force could reasonably be considered trivial or negligible in all the circumstances, is not reasonable if the force is applied—

(a)  to any part of the head or neck of the child, or

(b)  to any other part of the body of the child in such a way as to be likely to cause harm to the child that lasts for more than a short period.

(3)  Subsection (2) does not limit the circumstances in which the application of physical force is not reasonable.

(4)  This section does not derogate from or affect any defence at common law (other than to modify the defence of lawful correction).

(5)  Nothing in this section alters the common law concerning the management, control or restraint of a child by means of physical contact or force for purposes other than punishment.

(6)  In this section—

child means a person under 18 years of age.

parent of a child means a person having all the duties, powers, responsibilities and authority in respect of the child which, by law, parents have in relation to their children.

person acting for a parent of a child means a person—

(a)  who—

(i)  is a step-parent of the child, a de facto partner of a parent of the child, a relative (by blood or marriage) of a parent of the child or a person to whom the parent has entrusted the care and management of the child, and

(ii)  is authorised by a parent of the child to use physical force to punish the child, or

(b)  who, in the case of a child who is an Aboriginal or Torres Strait Islander (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), is recognised by the Aboriginal or Torres Strait Islander community to which the child belongs as being an appropriate person to exercise special responsibilities in relation to the child.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(7)  This section does not apply to proceedings arising out of an application of physical force to a child if the application of that force occurred before the commencement of this section.

(8)  The Attorney General is to review this section to determine whether its provisions continue to be appropriate for securing the policy objectives of the section. The review is to be undertaken as soon as possible after the period of 3 years from the commencement of this section. A report on the outcome of the review is to be tabled in each House of Parliament within 6 months after the end of the period of 3 years.

s 61AA: Ins 2001 No 89, Sch 1 [1] (am 2002 No 53, Sch 2.11). Am 2010 No 19, Sch 3.27 [1]–[3].

Division 10 Sexual offences against adults and children

pt 3, div 10, hdg: Ins 2000 No 53, Sch 3.3 [12]. Subst 2018 No 33, Sch 1 [2].

Subdivision 1 Interpretation

pt 3, div 10, sdiv 1, hdg: Ins 2018 No 33, Sch 1 [3].

61A–61G (Repealed)

s 61A, hdg: Ins 1981 No 42, Sch 1 (3).

s 61A: Ins 1981 No 42, Sch 1 (4). Am 1985 No 149, Sch 2 (1); 1987 No 184, Sch 2 (1). Rep 1989 No 198, Sch 1 (2).

s 61B: Ins 1981 No 42, Sch 1 (4). Rep 1989 No 198, Sch 1 (2).

s 61C: Ins 1981 No 42, Sch 1 (4). Am 1987 No 184, Sch 2 (2). Rep 1989 No 198, Sch 1 (2).

s 61D: Ins 1981 No 42, Sch 1 (4). Am 1985 No 149, Sch 2 (2); 1987 No 184, Sch 2 (3). Rep 1989 No 198, Sch 1 (2).

s 61E: Ins 1981 No 42, Sch 1 (4). Am 1985 No 149, Sch 2 (3); 1987 No 184, Sch 2 (4). Rep 1989 No 198, Sch 1 (2).

s 61F: Ins 1981 No 42, Sch 1 (4). Rep 1989 No 198, Sch 1 (2).

s 61G: Ins 1981 No 42, Sch 1 (4). Am 1985 No 149, Sch 2 (4); 1987 No 184, Sch 2 (5). Rep 1989 No 198, Sch 1 (2).

61H Definitions

(1)  In this Division—

cognitive impairment—see section 61HD.

sexual act—see section 61HC.

sexual intercourse—see section 61HA.

sexual touching—see section 61HB.

(1A)    (Repealed)

(2)  For the purposes of this Division, a person is under the authority of another person if the person is in the care, or under the supervision or authority, of the other person.

(3)  For the purposes of this Act, a person who incites another person to carry out sexual touching or a sexual act, as referred to in a provision of Subdivision 3, 4, 6, 7 or 11, is taken to commit an offence on the other person.

(4)  It is not relevant for the purposes of this Division whether a part of the body referred to in this Division is surgically constructed or not.

s 61H: Ins 1989 No 198, Sch 1 (3). Am 1992 No 2, Sch 1 (2); 1995 No 23, Sch 1.2 [1]; 1996 No 22, Sch 3 [1]; 2003 No 9, Sch 1 [1]; 2008 No 74, Sch 1 [1]; 2018 No 33, Sch 1 [4] [5]; 2021 No 43, Sch 1[1].

61HA Meaning of “sexual intercourse”

(1)  For the purposes of this Division, sexual intercourse means—

(a)  the penetration to any extent of the genitalia or anus of a person by—

(i)  any part of the body of another person, or

(ii)  any object manipulated by another person, or

(b)  the introduction of any part of the genitalia of a person into the mouth of another person, or

(c)  the application of the mouth or tongue to the female genitalia, or

(d)  the continuation of sexual intercourse as defined in paragraph (a), (b) or (c).

(2)  Penetration carried out solely for proper medical or hygienic purposes is not sexual intercourse for the purposes of this Division.

s 61HA: Ins 2007 No 66, Sch 1 [1]. Am 2014 No 59, Sch 1.1 [1] [2]. Subst 2018 No 33, Sch 1 [6]. Am 2021 No 43, Sch 1[2] [3].

61HB Meaning of “sexual touching”

(1)  For the purposes of this Division, sexual touching means a person touching another person—

(a)  with any part of the body or with anything else, or

(b)  through anything, including anything worn by the person doing the touching or by the person being touched,

in circumstances where a reasonable person would consider the touching to be sexual.

(1A)  The continuation of sexual touching as defined in subsection (1) is also sexual touching for the purposes of this Division.

(2)  The matters to be taken into account in deciding whether a reasonable person would consider touching to be sexual include—

(a)  whether the area of the body touched or doing the touching is the person’s genital area, anal area or breasts—

(i)  whether or not the breasts are sexually developed, and

(ii)  regardless of the person’s gender or sex, or

(b)  whether the person doing the touching does so for the purpose of obtaining sexual arousal or sexual gratification, or

(c)  whether any other aspect of the touching (including the circumstances in which it is done) makes it sexual.

(3)  Touching carried out solely for proper medical or hygienic purposes is not sexual touching for the purposes of this Division.

s 61HB: Ins 2018 No 33, Sch 1 [6]. Am 2021 No 43, Sch 1[4]–[6].

61HC Meaning of “sexual act”

(1)  For the purposes of this Division, sexual act means an act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual.

(1A)  The continuation of a sexual act as defined in subsection (1) is also a sexual act for the purposes of this Division.

(2)  The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include—

(a)  whether the area of the body involved in the act is a person’s genital area, anal area or breasts—

(i)  whether or not the breasts are sexually developed, and

(ii)  regardless of the person’s gender or sex, or

(b)  whether the person carrying out the act does so for the purpose of obtaining sexual arousal or sexual gratification, or

(c)  whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.

(3)  An act carried out solely for proper medical or hygienic purposes is not a sexual act for the purposes of this Division.

s 61HC: Ins 2018 No 33, Sch 1 [6]. Am 2021 No 43, Sch 1[5] [7] [8].

61HD Meaning of “cognitive impairment”

For the purposes of this Division, a person has a cognitive impairment if the person has—

(a)  an intellectual disability, or

(b)  a developmental disorder (including an autistic spectrum disorder), or

(c)  a neurological disorder, or

(d)  dementia, or

(e)  a severe mental illness, or

(f)  a brain injury,

that results in the person requiring supervision or social habilitation in connection with daily life activities.

s 61HD: Ins 2018 No 33, Sch 1 [6].

61HE (Repealed)

s 61HE: Ins 2018 No 33, Sch 1 [6] (am 2018 No 68, Sch 1.7). Rep 2021 No 43, Sch 1[9].

Subdivision 1A Consent and knowledge of consent

pt 3, div 10, sdiv 1A: Ins 2021 No 43, Sch 1[9].

61HF Objective

An objective of this Subdivision is to recognise the following—

(a)  every person has a right to choose whether or not to participate in a sexual activity,

(b)  consent to a sexual activity is not to be presumed,

(c)  consensual sexual activity involves ongoing and mutual communication, decision-making and free and voluntary agreement between the persons participating in the sexual activity.

s 61HF: Ins 2021 No 43, Sch 1[9].

61HG Application of Subdivision

(1)  This Subdivision applies to offences, or attempts to commit offences, against sections 61I, 61J, 61JA, 61KC, 61KD, 61KE and 61KF.

(2)  This Subdivision sets out—

(a)  the circumstances in which a person consents or does not consent to a sexual activity, and

(b)  the circumstances in which a person knows or is taken to know that another person does not consent to a sexual activity.

s 61HG: Ins 2021 No 43, Sch 1[9].

61HH Definitions

In this Subdivision—

consent has the same meaning as in section 61HI.

sexual activity means sexual intercourse, sexual touching or a sexual act.

s 61HH: Ins 2021 No 43, Sch 1[9].

61HI Consent generally

(1)  A person consents to a sexual activity if, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity.

(2)  A person may, by words or conduct, withdraw consent to a sexual activity at any time.

(3)  Sexual activity that occurs after consent has been withdrawn occurs without consent.

(4)  A person who does not offer physical or verbal resistance to a sexual activity is not, by reason only of that fact, to be taken to consent to the sexual activity.

(5)  A person who consents to a particular sexual activity is not, by reason only of that fact, to be taken to consent to any other sexual activity.

Example—

A person who consents to a sexual activity using a condom is not, by reason only of that fact, to be taken to consent to a sexual activity without using a condom.

(6)  A person who consents to a sexual activity with a person on one occasion is not, by reason only of that fact, to be taken to consent to a sexual activity with—

(a)  that person on another occasion, or

(b)  another person on that or another occasion.

s 61HI: Ins 2021 No 43, Sch 1[9].

61HJ Circumstances in which there is no consent

(1)  A person does not consent to a sexual activity if—

(a)  the person does not say or do anything to communicate consent, or

(b)  the person does not have the capacity to consent to the sexual activity, or

(c)  the person is so affected by alcohol or another drug as to be incapable of consenting to the sexual activity, or

(d)  the person is unconscious or asleep, or

(e)  the person participates in the sexual activity because of force, fear of force or fear of serious harm of any kind to the person, another person, an animal or property, regardless of—

(i)  when the force or the conduct giving rise to the fear occurs, or

(ii)  whether it occurs as a single instance or as part of an ongoing pattern, or

(f)  the person participates in the sexual activity because of coercion, blackmail or intimidation, regardless of—

(i)  when the coercion, blackmail or intimidation occurs, or

(ii)  whether it occurs as a single instance or as part of an ongoing pattern, or

(g)  the person participates in the sexual activity because the person or another person is unlawfully detained, or

(h)  the person participates in the sexual activity because the person is overborne by the abuse of a relationship of authority, trust or dependence, or

(i)  the person participates in the sexual activity because the person is mistaken about—

(i)  the nature of the sexual activity, or

(ii)  the purpose of the sexual activity, including about whether the sexual activity is for health, hygienic or cosmetic purposes, or

(j)  the person participates in the sexual activity with another person because the person is mistaken—

(i)  about the identity of the other person, or

(ii)  that the person is married to the other person, or

(k)  the person participates in the sexual activity because of a fraudulent inducement.

(2)  This section does not limit the grounds on which it may be established that a person does not consent to a sexual activity.

(3)  In this section—

fraudulent inducement does not include a misrepresentation about a person’s income, wealth or feelings.

s 61HJ: Ins 2021 No 43, Sch 1[9].

61HK Knowledge about consent

(1)  A person (the accused person) is taken to know that another person does not consent to a sexual activity if—

(a)  the accused person actually knows the other person does not consent to the sexual activity, or

(b)  the accused person is reckless as to whether the other person consents to the sexual activity, or

(c)  any belief that the accused person has, or may have, that the other person consents to the sexual activity is not reasonable in the circumstances.

(2)  Without limiting subsection (1)(c), a belief that the other person consents to sexual activity is not reasonable if the accused person did not, within a reasonable time before or at the time of the sexual activity, say or do anything to find out whether the other person consents to the sexual activity.

(3)  Subsection (2) does not apply if the accused person shows that—

(a)  the accused person had at the time of the sexual activity—

(i)  a cognitive impairment within the meaning of section 23A(8) and (9), or

(ii)  a mental health impairment, and

(b)  the impairment was a substantial cause of the accused person not saying or doing anything.

(4)  The onus of establishing a matter referred to in subsection (3) lies with the accused person on the balance of probabilities.

(5)  For the purposes of making any finding under this section, the trier of fact—

(a)  must consider all the circumstances of the case, including what, if anything, the accused person said or did, and

(b)  must not consider any self-induced intoxication of the accused person.

s 61HK: Ins 2021 No 43, Sch 1[9].

Subdivision 2 Sexual assault and assault with intent to have sexual intercourse

pt 3, div 10, sdiv 2, hdg: Ins 2018 No 33, Sch 1 [6].

61I Sexual assault

Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.

s 61I: Ins 1989 No 198, Sch 1 (3).

61J Aggravated sexual assault

(1)  Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.

(2)  In this section, circumstances of aggravation means circumstances in which—

(a)  at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b)  at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(b1)  at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict grievous bodily harm or wounding on the complainant or any other person who is present or nearby, or

(c)  the accused person is in the company of another person or persons, or

(d)  the complainant is under the age of 16 years, or

(e)  the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(f)  the complainant has a serious physical disability, or

(g)  the complainant has a cognitive impairment, or

(h)  the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or

(i)  the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence.

(3)  In this section, building has the same meaning as it does in Division 4 of Part 4.

s 61J: Ins 1989 No 198, Sch 1 (3). Am 2007 No 38, Sch 1 [3]; 2008 No 74, Sch 1 [2]; 2008 No 105, Sch 1 [1] [2]; 2009 No 99, Sch 2 [1]; 2018 No 87, Sch 1.8 [2]; 2021 No 43, Sch 1[10] [13].

61JA Aggravated sexual assault in company

(1)  A person—

(a)  who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse, and

(b)  who is in the company of another person or persons, and

(c)  who—

(i)  at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(ii)  at the time of, or immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(iii)  deprives the complainant of his or her liberty for a period before or after the commission of the offence,

is liable to imprisonment for life.

(2)  A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.

(3)  Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).

(4)  Nothing in this section affects the prerogative of mercy.

s 61JA: Ins 2001 No 62, Sch 1 [2]. Am 2007 No 38, Sch 1 [3]; 2021 No 43, Sch 1[13].

61K Assault with intent to have sexual intercourse

Any person who, with intent to have sexual intercourse with another person—

(a)  intentionally or recklessly inflicts actual bodily harm on the other person or a third person who is present or nearby, or

(b)  threatens to inflict actual bodily harm on the other person or a third person who is present or nearby by means of an offensive weapon or instrument,

is liable to imprisonment for 20 years.

s 61K: Ins 1989 No 198, Sch 1 (3). Am 2007 No 38, Sch 1 [3].

61KA Accused person married to complainant

The fact that a person is married to a person—

(a)  upon whom an offence under section 61I, 61J, 61JA or 61K is alleged to have been committed is no bar to the firstmentioned person being convicted of the offence, or

(b)  upon whom an offence under any of those sections is alleged to have been attempted is no bar to the firstmentioned person being convicted of the attempt.

s 61KA (previously s 61T): Renumbered 2018 No 33, Sch 1 [10]. Am 2021 No 43, Sch 1[11].

61KB Circumstances of certain sexual offences to be considered in passing sentence

Where a person is convicted of—

(a)  both an offence under section 61I and an offence under section 61K, or

(b)  both an offence under section 61J and an offence under section 61K, or

(c)  both an offence under section 61JA and an offence under section 61K,

whether at the same time or at different times, the Judge passing sentence on the person in respect of the two convictions or the later of the two convictions is required, if it appears that the two offences arose substantially out of the one set of circumstances, to take that fact into account in passing sentence.

s 61KB (previously s 61U): Renumbered 2018 No 33, Sch 1 [10].

Subdivision 3 Sexual touching

pt 3, div 10, sdiv 3, hdg: Ins 2018 No 33, Sch 1 [7].

61KC Sexual touching

Any person (the accused person) who without the consent of another person (the complainant) and knowing that the complainant does not consent intentionally—

(a)  sexually touches the complainant, or

(b)  incites the complainant to sexually touch the accused person, or

(c)  incites a third person to sexually touch the complainant, or

(d)  incites the complainant to sexually touch a third person,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

s 61KC: Ins 2018 No 33, Sch 1 [7]. Am 2021 No 43, Sch 1[10] [12]–[14].

61KD Aggravated sexual touching

(1)  Any person (the accused person) who without the consent of another person (the complainant) and knowing that the complainant does not consent and in circumstances of aggravation intentionally—

(a)  sexually touches the complainant, or

(b)  incites the complainant to sexually touch the accused person, or

(c)  incites a third person to sexually touch the complainant, or

(d)  incites the complainant to sexually touch a third person,

is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

(2)  In this section, circumstances of aggravation means circumstances in which—

(a)  the accused person is in the company of another person or persons, or

(b)  the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(c)  the complainant has a serious physical disability, or

(d)  the complainant has a cognitive impairment.

s 61KD: Ins 2018 No 33, Sch 1 [7]. Am 2021 No 43, Sch 1[10] [12]–[14].

Subdivision 4 Sexual act

pt 3, div 10, sdiv 4, hdg: Ins 2018 No 33, Sch 1 [7].

61KE Sexual act

Any person (the accused person) who without the consent of another person (the complainant) and knowing that the complainant does not consent intentionally—

(a)  carries out a sexual act with or towards the complainant, or

(b)  incites the complainant to carry out a sexual act with or towards the accused person, or

(c)  incites a third person to carry out a sexual act with or towards the complainant, or

(d)  incites the complainant to carry out a sexual act with or towards a third person,

is guilty of an offence.

Maximum penalty—Imprisonment for 18 months.

s 61KE: Ins 2018 No 33, Sch 1 [7]. Am 2021 No 43, Sch 1[10] [12]–[14].

61KF Aggravated sexual act

(1)  Any person (the accused person) who without the consent of another person (the complainant) and knowing that the complainant does not consent and in circumstances of aggravation intentionally—

(a)  carries out a sexual act with or towards the complainant, or

(b)  incites the complainant to carry out a sexual act with or towards the accused person, or

(c)  incites a third person to carry out a sexual act with or towards the complainant, or

(d)  incites the complainant to carry out a sexual act with or towards a third person,

is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(2)  In this section, circumstances of aggravation means circumstances in which—

(a)  the accused person is in the company of another person or persons, or

(b)  the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(c)  the complainant has a serious physical disability, or

(d)  the complainant has a cognitive impairment.

s 61KF: Ins 2018 No 33, Sch 1 [7]. Am 2021 No 43, Sch 1[10] [12]–[14].

61L–61P (Repealed)

s 61L: Ins 1989 No 198, Sch 1 (3). Rep 2018 No 33, Sch 1 [7].

s 61M: Ins 1989 No 198, Sch 1 (3). Am 2008 No 74, Sch 1 [2]; 2008 No 105, Sch 1 [3] [4]. Rep 2018 No 33, Sch 1 [7].

s 61N: Ins 1989 No 198, Sch 1 (3). Am 1992 No 2, Sch 1 (3); 1995 No 23, Sch 1.2 [2]. Rep 2018 No 33, Sch 1 [7].

s 61O: Ins 1989 No 198, Sch 1 (3). Am 1995 No 23, Sch 1.2 [3]; 1999 No 40, Sch 2 [1]; 2008 No 74, Sch 1 [2]; 2008 No 105, Sch 1 [5]–[7]; 2010 No 9, Sch 1 [1]. Rep 2018 No 33, Sch 1 [7].

s 61P: Ins 1989 No 198, Sch 1 (3). Am 2001 No 62, Sch 1 [3]. Rep 2018 No 33, Sch 1 [8].

61Q (Renumbered as section 80AB) s 61Q: Ins 1989 No 198, Sch 1 (3). Am 2001 No 62, Sch 1 [4] [5]; 2003 No 9, Sch 1 [2] [3]; 2008 No 74, Sch 1 [3]; 2008 No 105, Sch 1 [8]; 2010 No 9, Sch 1 [2]. Renumbered as sec 80AB, 2018 No 33, Sch 1 [9].

61R (Repealed)

s 61R: Ins 1989 No 198, Sch 1 (3). Am 1992 No 2, Sch 1 (4); 2001 No 62, Sch 1 [6]; 2003 No 9, Sch 1 [4]. Rep 2007 No 66, Sch 1 [2].

61S (Renumbered as section 80AC) s 61S: Ins 1989 No 198, Sch 1 (3). Am 1997 No 85, Sch 1.2 [1]. Renumbered as sec 80AC, 2018 No 33, Sch 1 [9].

61T, 61U (Renumbered as sections 61KA, 61KB) s 61T: Ins 1989 No 198, Sch 1 (3). Am 2001 No 62, Sch 1 [7]. Renumbered as sec 61KA, 2018 No 33, Sch 1 [10]. s 61U: Ins 1989 No 198, Sch 1 (3). Am 2001 No 62, Sch 1 [8]. Renumbered as sec 61KB, 2018 No 33, Sch 1 [10].

62 (Repealed)

s 62, hdg: Rep 1981 No 42, Sch 1 (3).

s 62: Am 1984 No 7, Sch 1 (3). Rep 2003 No 9, Sch 1 [5].

63 (Renumbered as section 80AD) s 63: Am 1955 No 16, sec 5 (e). Subst 1981 No 42, Sch 1 (5). Am 2003 No 9, Sch 1 [6]; 2003 No 27, Sch 3 [2]; 2007 No 38, Sch 2 [4]. Renumbered as sec 80AD, 2018 No 33, Sch 1 [9].

64 (Renumbered as clause 51 of Schedule 11) s 64: Am 1910 No 2, sec 2. Subst 1924 No 10, sec 5 (b). Am 1974 No 50, sec 5 (1); 1981 No 42, Sch 1 (6). Renumbered as cl 51 of the Eleventh Sch, 2003 No 9, Sch 1 [7].

65–66 (Repealed)

s 65: Rep 1981 No 42, Sch 1 (7).

s 65A: Ins 1987 No 184, Sch 2 (6). Rep 2007 No 66, Sch 1 [3].

s 66: Rep 2003 No 9, Sch 1 [8].

Subdivision 5 Children—sexual assault

pt 3, div 10, sdiv 5, hdg: Ins 2018 No 33, Sch 1 [11].

66A Sexual intercourse—child under 10

(1)  Any person who has sexual intercourse with a child who is under the age of 10 years is guilty of an offence.

Maximum penalty—imprisonment for life.

(2)  A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.

(3)  Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).

(4)  Nothing in this section affects the prerogative of mercy.

s 66A: Ins 1985 No 149, Sch 2 (5). Am 2002 No 90, Sch 2 [1]. Subst 2008 No 105, Sch 1 [9]. Am 2008 No 105, Sch 1 [10]; 2009 No 27, Sch 1.3 [1]. Subst 2015 No 13, Sch 1 [1].

66B Attempting, or assaulting with intent, to have sexual intercourse with child under 10

Any person who attempts to have sexual intercourse with a child who is under the age of 10 years, or assaults a child who is under the age of 10 years with intent to have sexual intercourse, shall be liable to imprisonment for 25 years.

s 66B: Ins 1985 No 149, Sch 2 (5). Am 2002 No 90, Sch 2 [2]; 2018 No 33, Sch 1 [12] [13].

66C Sexual intercourse—child between 10 and 16

(1) Child between 10 and 14 Any person who has sexual intercourse with a child who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years.

(2) Child between 10 and 14—aggravated offence Any person who has sexual intercourse with a child who is of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment for 20 years.

(3) Child between 14 and 16 Any person who has sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years is liable to imprisonment for 10 years.

(4) Child between 14 and 16—aggravated offence Any person who has sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years in circumstances of aggravation is liable to imprisonment for 12 years.

(5)  In this section, circumstances of aggravation means circumstances in which—

(a)  at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b)  at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c)  the accused person is in the company of another person or persons, or

(d)  the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(e)  the complainant has a serious physical disability, or

(f)  the complainant has a cognitive impairment, or

(g)  the accused person took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence, or

(h)  the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence, or

(i)  the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.

s 66C: Ins 1985 No 149, Sch 2 (5). Subst 2003 No 9, Sch 1 [9]. Am 2007 No 38, Sch 1 [3]; 2008 No 74, Sch 1 [2]; 2008 No 105, Sch 1 [11]; 2009 No 27, Sch 1.3 [1]; 2018 No 33, Sch 1 [14]; 2021 No 43, Sch 1[10] [13].

66D Assault with intent to have sexual intercourse—child between 10 and 16

Any person who assaults a child who is of or above the age of 10 years and under the age of 16 years with intent to commit an offence under section 66C on the child is liable to the penalty provided for the commission of that offence.

s 66D: Ins 1985 No 149, Sch 2 (5). Subst 2018 No 33, Sch 1 [15].

Subdivision 6 Children—sexual touching

pt 3, div 10, sdiv 6: Ins 2018 No 33, Sch 1 [16].

66DA Sexual touching—child under 10

Any person who intentionally—

(a)  sexually touches a child who is under the age of 10 years, or

(b)  incites a child who is under the age of 10 years to sexually touch the person, or

(c)  incites a child who is under the age of 10 years to sexually touch another person, or

(d)  incites another person to sexually touch a child who is under the age of 10 years,

is guilty of an offence.

Maximum penalty—Imprisonment for 16 years.

s 66DA: Ins 2018 No 33, Sch 1 [16].

66DB Sexual touching—child between 10 and 16

Any person who intentionally—

(a)  sexually touches a child who is of or above the age of 10 years and under the age of 16 years, or

(b)  incites a child who is of or above the age of 10 years and under the age of 16 years to sexually touch the person, or

(c)  incites a child who is of or above the age of 10 years and under the age of 16 years to sexually touch another person, or

(d)  incites another person to sexually touch a child who is of or above the age of 10 years and under the age of 16 years,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

s 66DB: Ins 2018 No 33, Sch 1 [16].

Subdivision 7 Children—sexual act

pt 3, div 10, sdiv 7: Ins 2018 No 33, Sch 1 [16].

66DC Sexual act—child under 10

Any person who intentionally—

(a)  carries out a sexual act with or towards a child who is under the age of 10 years, or

(b)  incites a child who is under the age of 10 years to carry out a sexual act with or towards the person, or

(c)  incites a child who is under the age of 10 years to carry out a sexual act with or towards another person, or

(d)  incites another person to carry out a sexual act with or towards a child who is under the age of 10 years,

is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

s 66DC: Ins 2018 No 33, Sch 1 [16].

66DD Sexual act—child between 10 and 16

Any person who intentionally—

(a)  carries out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years, or

(b)  incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards the person, or

(c)  incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards another person, or

(d)  incites another person to carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years,

is guilty of an offence.

Maximum penalty—Imprisonment for 2 years.

s 66DD: Ins 2018 No 33, Sch 1 [16].

66DE Aggravated sexual act—child between 10 and 16

(1)  Any person who in circumstances of aggravation intentionally—

(a)  carries out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years, or

(b)  incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards the person, or

(c)  incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards another person, or

(d)  incites another person to carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2)  In this section, circumstances of aggravation means circumstances in which—

(a)  at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b)  at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c)  the accused person is in the company of another person or persons, or

(d)  the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(e)  the complainant has a serious physical disability, or

(f)  the complainant has a cognitive impairment, or

(g)  the accused person took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence, or

(h)  the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence, or

(i)  the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.

s 66DE: Ins 2018 No 33, Sch 1 [16]. Am 2021 No 43, Sch 1[10] [13].

66DF Sexual act for production of child abuse material—child under 16

Any person who intentionally—

(a)  carries out a sexual act with or towards a child who is under the age of 16 years, or

(b)  incites a child who is under the age of 16 years to carry out a sexual act with or towards the person, or

(c)  incites a child who is under the age of 16 years to carry out a sexual act with or towards another person, or

(d)  incites another person to carry out a sexual act with or towards a child who is under the age of 16 years,

and who knows that the sexual act is being filmed for the purposes of the production of child abuse material, is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

s 66DF: Ins 2018 No 33, Sch 1 [16].

66E (Repealed)

s 66E: Ins 1985 No 149, Sch 2 (5). Am 1989 No 198, Sch 1 (4); 2003 No 9, Sch 1 [10] [11]. Subst 2008 No 105, Sch 1 [12]. Am 2015 No 13, Sch 1 [2] [3]; 2018 No 33, Sch 1 [17] [18]. Rep 2018 No 33, Sch 1 [18].

Subdivision 8 Children—persistent sexual abuse

pt 3, div 10, sdiv 8, hdg: Ins 2018 No 33, Sch 1 [19].

66EA Persistent sexual abuse of a child

(1)  An adult who maintains an unlawful sexual relationship with a child is guilty of an offence.

Maximum penalty—Imprisonment for life.

(2)  An unlawful sexual relationship is a relationship in which an adult engages in 2 or more unlawful sexual acts with or towards a child over any period.

(3)  It is immaterial that any of those unlawful sexual acts occurred outside New South Wales, so long as at least one of the unlawful sexual acts occurred in New South Wales.

(4)  In proceedings for an offence under this section, the prosecution—

(a)  is not required to allege the particulars of any unlawful sexual act that would be necessary if the act were charged as a separate offence, and

(b)  is required to allege the particulars of the period of time over which the unlawful sexual relationship existed.

(5)  In order for the accused to be convicted of an offence under this section—

(a)  the jury must be satisfied beyond reasonable doubt that the evidence establishes that an unlawful sexual relationship existed, and

(b)  the jury is not required to be satisfied of the particulars of any unlawful sexual act that it would have to be satisfied of if the act were charged as a separate offence, and

(c)  the members of the jury are not required to agree on which unlawful sexual acts constitute the unlawful sexual relationship.

(6)  In proceedings for an offence under this section, the judge must inform the jury of the requirements of subsection (5).

(7)  This section extends to a relationship that existed wholly or partly before the commencement of the relevant amendments, or the predecessor offence, if the acts engaged in by the accused were unlawful sexual acts during the period in which the relationship existed.

(8)  A court, when imposing a sentence for an offence under this section constituted by an unlawful sexual relationship that existed wholly or partly before the commencement of the relevant amendments, must take into account (but is not limited by) the maximum penalty for the unlawful sexual acts engaged in by the accused during the period in which the unlawful sexual relationship existed.

(9)  A person who has been convicted or acquitted of an unlawful sexual act in relation to a child cannot be convicted of an offence under this section in relation to the same child if the unlawful sexual act of which the person has been convicted or acquitted is one of the unlawful sexual acts that are alleged to constitute the unlawful sexual relationship.

(10)  A person who has been convicted or acquitted of an offence under this section for having an unlawful sexual relationship with a child cannot be convicted of an unlawful sexual act in relation to the same child if the occasion on which the unlawful sexual act is alleged to have occurred is during the period over which the unlawful sexual relationship was alleged to have existed. This subsection does not prevent an alternative verdict under subsection (13).

(11)  A person who has been convicted or acquitted of a predecessor offence in relation to a child cannot be convicted of an offence under this section of having an unlawful sexual relationship with the same child if the period of the alleged unlawful sexual relationship includes any part of the period during which the person was alleged to have committed the predecessor offence.

(12)  For the purposes of subsections (9)–(11), a person ceases to be regarded as having been convicted for an offence if the conviction is quashed or set aside.

(13)  If on the trial of a person charged with an offence under this section the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of the commission of the offence under this section, committed an unlawful sexual act, the jury may acquit the person of the offence charged and find the person guilty of that unlawful sexual act. The person is liable to punishment accordingly.

(14)  Proceedings for an offence under this section may only be instituted by or with the approval of the Director of Public Prosecutions.

(15)  In this section—

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

child means a person who is under the age of 16 years.

predecessor offence means this section before its substitution by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018.

relevant amendments means the substitution of this section by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018.

unlawful sexual act means any act that constitutes, or would constitute (if particulars of the time and place at which the act took place were sufficiently particularised), any of the following offences—

(a)  an offence under section 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66F or 80A,

(b)  an offence under a provision of this Act set out in Column 1 of Schedule 1A,

(c)  an offence of attempting to commit an offence referred to in paragraph (a) or (b),

(d)  an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)–(c),

(e)  an offence under the law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in paragraphs (a)–(d).

s 66EA: Ins 1998 No 131, Sch 1 [2]. Am 2001 No 62, Sch 1 [9]. Subst 2018 No 33, Sch 1 [20].

Subdivision 9 Children—procurement and grooming

pt 3, div 10, sdiv 9, hdg: Ins 2018 No 33, Sch 1 [21].

66EB Procuring or grooming child under 16 for unlawful sexual activity

(1) Definitions In this section—

adult person means a person who is of or over the age of 18 years.

child means a person who is under the age of 16 years.

conduct includes—

(a)  communicating in person or by telephone, the internet or other means, or

(b)  providing any computer image, video or publication.

unlawful sexual activity means an act that constitutes an offence under this Division or Division 10A, 15 or 15A (or, in the case of an act occurring outside this State, that would constitute such an offence if it occurred in this State).

(2) Procuring children An adult person who intentionally procures a child for unlawful sexual activity with that or any other person is guilty of an offence.

Maximum penalty—

(a)  in the case of a child who is under the age of 14 years—imprisonment for 15 years, or

(b)  in any other case—imprisonment for 12 years.

(2A) Meeting child following grooming An adult person—

(a)  who intentionally meets a child, or travels with the intention of meeting a child, whom the adult person has groomed for sexual purposes, and

(b)  who does so with the intention of procuring the child for unlawful sexual activity with that adult person or any other person,

is guilty of an offence.

Maximum penalty—

(a)  in the case of a child who is under the age of 14 years—imprisonment for 15 years, or

(b)  in any other case—imprisonment for 12 years.

(2B)  For the purposes of subsection (2A), a child has been groomed for sexual purposes by an adult person if, on one or more previous occasions, the adult person has engaged in conduct that exposed the child to indecent material.

(3) Grooming children An adult person—

(a)  who engages in any conduct that exposes a child to indecent material or provides a child with an intoxicating substance or with any financial or other material benefit, and

(b)  who does so with the intention of making it easier to procure the child for unlawful sexual activity with that or any other person,

is guilty of an offence.

Maximum penalty—

(a)  in the case of a child who is under the age of 14 years—imprisonment for 12 years, or

(b)  in any other case—imprisonment for 10 years.

(4) Unlawful sexual activity need not be particularised In any proceedings for an offence against this section, it is necessary to prove that the child was or was to be procured for unlawful sexual activity, but it is not necessary to specify or to prove any particular unlawful sexual activity.

(5) Fictitious children A reference in this section to a child includes a reference to a person who pretends to be a child if the accused believed that the person was a child. In that case, a reference in this section—

(a)  to unlawful sexual activity includes a reference to anything that would be unlawful sexual activity if the person were a child, and

(b)  to the age of the child is a reference to the age that the accused believed the person to be.

(6) Charge for aggravated offence The higher maximum penalty under subsection (2), (2A) or (3) in the case of a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.

(7) Defence It is a defence in proceedings for an offence against this section if the accused reasonably believed that the other person was not a child.

(8) Alternative verdict If on the trial of a person charged with an offence against subsection (2) or (2A) the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (3), the jury may acquit the person of the offence charged and find the person guilty of an offence against subsection (3). The person is liable to punishment accordingly.

s 66EB: Ins 2007 No 74, Sch 1 [1]. Am 2008 No 105, Sch 1 [13]–[16]; 2018 No 33, Sch 1 [22].

66EC Grooming a person for unlawful sexual activity with a child under the person’s authority

(1)  In this section—

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

child means a person who is under the age of 16 years.

unlawful sexual activity means an act that constitutes an offence under this Division or Division 10A, 15 or 15A (or, in the case of an act occurring outside this State, that would constitute such an offence if it occurred in this State).

(2)  An adult person—

(a)  who provides a person (other than a child) with any financial or other material benefit, and

(b)  who does so with the intention of making it easier to procure a child who is under the authority of the person for unlawful sexual activity with the adult person or any other person,

is guilty of an offence.

Maximum penalty—

(a)  in the case of a child who is under the age of 14 years—imprisonment for 6 years, or

(b)  in any other case—imprisonment for 5 years.

(3)  Proceedings for an offence under this section may only be instituted by or with the approval of the Director of Public Prosecutions.

s 66EC: Ins 2018 No 33, Sch 1 [23].

Subdivision 10 Sexual offences—cognitive impairment

pt 3, div 10, sdiv 10, hdg: Ins 2018 No 33, Sch 1 [24].

66F Sexual offences—cognitive impairment

(1) Meaning of “person responsible for care” For the purposes of this section, a person is responsible for the care of a person who has a cognitive impairment if the person provides care to that person—

(a)  at a facility at which persons with a cognitive impairment are detained, reside or attend, or

(b)  at the home of that person in the course of a program under which any such facility or other government or community organisation provides care to persons with a cognitive impairment.

The care of a person with a cognitive impairment includes voluntary care, health professional care, education, home care and supervision.

(2) Sexual intercourse: person responsible for care A person—

(a)  who has sexual intercourse with a person who has a cognitive impairment, and

(b)  who is responsible for the care of that person (whether generally or at the time of the sexual intercourse),

is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

(3) Sexual intercourse: taking advantage of impairment A person who has sexual intercourse with a person who has a cognitive impairment, with the intention of taking advantage of that person’s cognitive impairment, is guilty of an offence.

Maximum penalty—imprisonment for 8 years.

(4)    (Repealed)

(5) Consent not a defence for sexual intercourse The consent of a person who has a cognitive impairment is not a defence to a charge for an offence under subsection (2) or (3) (or under section 344A in connection with such an offence).

(6) Consent not a defence for sexual touching or sexual act The consent of a person who has a cognitive impairment is not a defence to a charge for an offence under section 61KC, 61KD, 61KE or 61KF (or under section 344A in connection with such an offence) if—

(a)  the accused was responsible for the care of that person (whether generally or at the time of the conduct constituting the offence), or

(b)  the accused engaged in the conduct constituting the offence with the intention of taking advantage of that person’s cognitive impairment.

(7) Defences It is a defence to a charge for an offence under subsection (2) or (3) (or under section 344A in connection with such an offence) or an offence referred to in subsection (6) in which the prosecution relies on the operation of that subsection—

(a)  if, at the time of the conduct constituting the offence—

(i)  the accused did not know the person to whom the charge relates had a cognitive impairment, or

(ii)  the accused was married to the person to whom the charge relates or was the de facto partner of that person, or

(b)  if the act constituting the offence was carried out for any proper medical or hygienic purpose.

(8) Approval of Attorney General for prosecution A prosecution for any of the following offences may not be commenced without the approval of the Attorney General—

(a)  an offence under subsection (2) or (3) (or under section 344A in connection with such an offence),

(b)  an offence referred to in subsection (6) in which the prosecution relies on the operation of that subsection.

s 66F: Ins 1987 No 184, Sch 2 (7). Subst 2008 No 74, Sch 1 [4]. Am 2012 No 67, Sch 1 [1]; 2018 No 33, Sch 1 [25] [26].

67, 68 (Repealed)

s 67: Am 1955 No 16, sec 5 (f). Rep 1985 No 149, Sch 2 (6).

s 68: Rep 1985 No 149, Sch 2 (7).

69 (Renumbered as clause 52 of Schedule 11) s 69: Am 1910 No 2, sec 2. Subst 1924 No 10, sec 5 (b). Am 1985 No 149, Sch 2 (8). Renumbered as cl 52 of the Eleventh Sch, 2003 No 9, Sch 1 [7].

70 (Renumbered as clause 53 of Schedule 11) s 70: Am 1910 No 2, sec 2. Subst 1924 No 10, sec 5 (b). Am 1974 No 50, sec 5 (m); 1985 No 149, Sch 2 (9). Renumbered as cl 53 of the Eleventh Sch, 2003 No 9, Sch 1 [7].

71–72A (Repealed)

s 71: Am 1910 No 2, sec 2. Subst 1924 No 10, sec 5 (b). Rep 1985 No 149, Sch 2 (10).

s 72: Am 1910 No 2, sec 2. Subst 1924 No 10, sec 5 (b). Am 1974 No 50, sec 5 (n). Rep 1985 No 149, Sch 2 (11).

s 72A: Ins 1924 No 10, sec 5 (b). Rep 1987 No 184, Sch 2 (8).

Subdivision 11 Sexual offences—young person under special care

pt 3, div 10, sdiv 11: Ins 2018 No 33, Sch 1 [27].

72B Definitions

(1)  In this Subdivision—

authorised carer has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.

close family member has the same meaning as in section 78A.

parent means biological parent or adoptive parent.

young person means a person who is of or above the age of 16 years and under the age of 18 years.

(2)  In this Subdivision, a reference to performing work at a school or performing work for an organisation is a reference to performing work at the school or for the organisation, whether as an employee (whether paid or unpaid), contractor, volunteer or otherwise.

Note.

For the purposes of this Subdivision, a person is under the authority of another person if the person is in the care, or under the supervision or authority, of the other person (see section 61H(2)).

s 72B: Ins 2018 No 33, Sch 1 [27]. Am 2020 No 11, Sch 1[1]–[4].

73 Sexual intercourse—young person between 16 and 18 under special care

(1)  Any person who has sexual intercourse with a young person who—

(a)  is under his or her special care, and

(b)  is of or above the age of 16 years and under the age of 17 years,

is liable to imprisonment for 8 years.

(2)  Any person who has sexual intercourse with a young person who—

(a)  is under his or her special care, and

(b)  is of or above the age of 17 years and under the age of 18 years,

is liable to imprisonment for 4 years.

(3)  For the purposes of this section, a young person (the complainant) is under the special care of another person (the accused person) if, and only if—

(a)  the accused person is any of the following who is not a close family member of the complainant—

(i)  the parent or the parent of a parent of the complainant,

(ii)  the guardian or authorised carer of the complainant,

(iii)  the spouse or de facto partner of a person referred to in subparagraph (i) or (ii), or

(b)  the accused person is a teacher at, or the principal or a deputy principal of, the school at which the complainant is a student, or

(b1)  the accused person performs work at the school at which the complainant is a student, in which the accused person has students at the school, including the complainant, under the authority of the accused person, or

(c)  the accused person has an established personal relationship with the complainant in connection with the provision of religious, sporting, musical or other instruction to the complainant, in which relationship the complainant is under the authority of the accused person, or

(d)  the accused person is a custodial officer of an institution of which the complainant is an inmate, or

(e)  the accused person is a health professional and the complainant is a patient of the health professional, or

(f)  the accused person—

(i)  performs work for an organisation that provides residential care to young persons placed in out-of-home care (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), and

(ii)  has an established personal relationship with the complainant in connection with the provision of that residential care to the complainant, in which relationship the complainant is under the authority of the accused person, or

(g)  the accused person—

(i)  performs work for an organisation that provides refuge or crisis accommodation, and

(ii)  has an established personal relationship with the complainant in connection with the provision of that accommodation to the complainant, in which relationship the complainant is under the authority of the accused person.

(4)    (Repealed)

(5)  A person does not commit an offence under this section if the person and the young person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.

(6)    (Repealed)

s 73: Am 1910 No 2, secs 2, 3. Subst 1924 No 10, sec 5 (b). Am 1985 No 149, Sch 2 (12); 1987 No 48, Sch 4 (2). Subst 2003 No 9, Sch 1 [12]. Am 2012 No 67, Sch 1 [2]; 2018 No 4, Sch 1.4 [1] [2]; 2018 No 33, Sch 1 [28]–[33]; 2020 No 11, Sch 1[5]–[8]; 2021 No 43, Sch 1[15]–[19].

73A Sexual touching—young person between 16 and 18 under special care

(1)  Any person who intentionally—

(a)  sexually touches a young person under the person’s special care, or

(b)  incites a young person under the person’s special care to sexually touch the person, or

(c)  incites a young person under the person’s special care to sexually touch another person, or

(d)  incites another person to sexually touch a young person under the first person’s special care,

is guilty of an offence.

Maximum penalty—

(a)  in the case of a young person who is of or above the age of 16 years and under the age of 17 years—imprisonment for 4 years, or

(b)  in the case of a young person who is of or above the age of 17 years and under the age of 18 years—imprisonment for 2 years.

(2)  A person does not commit an offence under this section if the person and the young person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.

(3)  For the purposes of this section, a young person (the complainant) is under the special care of another person (the accused person) if, and only if—

(a)  the accused person is any of the following—

(i)  the parent or the parent of a parent of the complainant,

(ii)  the guardian or authorised carer of the complainant,

(iii)  the spouse or de facto partner of a person referred to in subparagraph (i) or (ii), or

(b)  the accused person is a teacher at, or the principal or a deputy principal of, the school at which the complainant is a student, or

(b1)  the accused person performs work at the school at which the complainant is a student, in which the accused person has students at the school, including the complainant, under the authority of the accused person, or

(c)  the accused person has an established personal relationship with the complainant in connection with the provision of religious, sporting, musical or other instruction to the complainant, in which relationship the complainant is under the authority of the accused person, or

(d)  the accused person is a custodial officer of an institution of which the complainant is an inmate, or

(e)  the accused person is a health professional and the complainant is a patient of the health professional, or

(f)  the accused person—

(i)  performs work for an organisation that provides residential care to young persons placed in out-of-home care (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), and

(ii)  has an established personal relationship with the complainant in connection with the provision of that residential care to the complainant, in which relationship the complainant is under the authority of the accused person, or

(g)  the accused person—

(i)  performs work for an organisation that provides refuge or crisis accommodation, and

(ii)  has an established personal relationship with the complainant in connection with the provision of that accommodation to the complainant, in which relationship the complainant is under the authority of the accused person.

s 73A: Ins 2018 No 33, Sch 1 [34]. Am 2020 No 11, Sch 1[6]–[9]; 2021 No 43, Sch 1[15]–[19].

74–76A (Repealed)

s 74: Am 1910 No 2, sec 3. Subst 1924 No 10, sec 5 (b). Am 1985 No 149, Sch 2 (13); 1987 No 48, Sch 4 (3). Rep 2003 No 9, Sch 1 [12].

s 75: Am 1910 No 2, sec 3. Subst 1924 No 10, sec 5 (b). Am 1951 No 31, Sch; 1985 No 149, Sch 2 (14). Rep 2003 No 9, Sch 1 [12].

s 76: Am 1910 No 2, sec 3. Subst 1924 No 10, sec 5 (b). Am 1974 No 50, sec 5 (o). Rep 1981 No 42, Sch 1 (8).

s 76A: Ins 1974 No 50, sec 5 (p). Rep 1981 No 42, Sch 1 (8).

77 (Renumbered as section 80AE) s 77: Am 1910 No 2, sec 2. Subst 1924 No 10, sec 5 (b). Am 1974 No 50, sec 5 (q); 1981 No 42, Sch 1 (9). Subst 1985 No 149, Sch 2 (15). Am 1987 No 184, Sch 2 (9); 1989 No 198, Sch 1 (5); 1995 No 23, Sch 1.2 [4] [5]; 1998 No 131, Sch 1 [3]; 1999 No 40, Sch 2 [2]; 2003 No 9, Sch 1 [13] [14], 2007 No 74, Sch 1 [2]; 2008 No 74, Sch 1 [5]; 2008 No 105, Sch 1 [17]; 2015 No 13, Sch 1 [4]. Renumbered as sec 80AE, 2018 No 33, Sch 1 [9].

77A, 78 (Repealed)

s 77A: Ins 1974 No 50, sec 5 (r). Subst 1981 No 42, Sch 1 (10). Am 1985 No 149, Schs 1 (1), 2 (16). Subst 1987 No 184, Sch 3 (2). Am 1988 No 115, Sch 1 (2); 1997 No 142, Sch 1 [1]. Rep 1999 No 94, Sch 3 [10].

s 78: Am 1911 No 21, sec 3. Subst 1924 No 10, sec 5 (b). Am 1981 No 42, Sch 1 (11); 1985 No 149, Sch 2 (17). Rep 1992 No 2, Sch 1 (5).

Subdivision 12 Incest

pt 3, div 10, sdiv 12, hdg: Ins 2018 No 33, Sch 1 [35].

78A Incest

(1)  Any person who has sexual intercourse with a close family member who is of or above the age of 16 years is liable to imprisonment for 8 years.

(1A)  A person does not commit an offence under this section if the person is of or above the age of 16 years and under the age of 18 years at the time the offence is alleged to have been committed and the other person to whom the charge relates is the person’s parent or grandparent.

(2)  For the purposes of this section, a close family member is a parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth.

s 78A: Ins 1924 No 10, sec 6. Am 1985 No 149, Sch 2 (18). Subst 2003 No 9, Sch 1 [15]. Am 2020 No 11, Sch 1[10].

78B Incest attempts

Any person who attempts to commit an offence under section 78A is liable to imprisonment for two years.

s 78B: Ins 1924 No 10, sec 6. Am 1951 No 31, Sch; 2003 No 9, Sch 1 [16].

78C Defences

(1)  It shall be a sufficient defence to a charge under section 78A or section 78B that the person charged did not know that the person with whom the offence is alleged to have been committed was related to him or her, as alleged.

(2)  It shall be no defence to a charge under section 78A or section 78B that the person with whom the offence is alleged to have been committed consented thereto.

s 78C: Ins 1924 No 10, sec 6. Am 1951 No 31, Sch.

78D (Repealed)

s 78D: Ins 1924 No 10, sec 6. Rep 2003 No 9, Sch 1 [17].

78E (Renumbered as clause 54 of Schedule 11) s 78E: Ins 1924 No 10, sec 6. Am 1981 No 42, Sch 1 (12); 1985 No 149, Sch 2 (19). Renumbered as cl 54 of the Eleventh Sch, 2003 No 9, Sch 1 [7].

78F Sanction of Attorney-General

(1)  No prosecution for an offence under sections 78A or 78B shall be commenced without the sanction of the Attorney-General.

(2)    (Repealed)

s 78F: Ins 1924 No 10, sec 6. Am 2000 No 43, Sch 1 [4].

78G–78S (Repealed)

s 78G: Ins 1984 No 7, Sch 1 (4). Am 1984 No 153, Sch 16. Rep 2003 No 9, Sch 1 [18].

s 78H: Ins 1984 No 7, Sch 1 (4). Am 1989 No 218, Sch 1 (17). Rep 2002 No 90, Sch 2 [3].

s 78I: Ins 1984 No 7, Sch 1 (4). Rep 2002 No 90, Sch 2 [3].

ss 78J–78L: Ins 1984 No 7, Sch 1 (4). Rep 2003 No 9, Sch 1 [18].

s 78M: Ins 1984 No 7, Sch 1 (4). Rep 1987 No 184, Sch 1 (10).

ss 78N–78P: Ins 1984 No 7, Sch 1 (4). Rep 2003 No 9, Sch 1 [18].

s 78Q: Ins 1984 No 7, Sch 1 (4). Am 1992 No 2, Sch 1 (6). Rep 2003 No 9, Sch 1 [18].

s 78R: Ins 1984 No 7, Sch 1 (4). Rep 2003 No 9, Sch 1 [18].

s 78S: Ins 1984 No 7, Sch 1 (4). Rep 1987 No 184, Sch 3 (3).

78T (Renumbered as clause 55 of Schedule 11) s 78T: Ins 1984 No 7, Sch 1 (4). Am 1992 No 2, Sch 1 (7). Renumbered as cl 55 of the Eleventh Sch, 2003 No 9, Sch 1 [7].

Subdivision 13 Bestiality

pt 3, div 10, sdiv 13, hdg: Ins 2018 No 33, Sch 1 [36].

79 Bestiality

s 79, hdg: Rep 1984 No 7, Sch 1 (5).

Any person who commits an act of bestiality with any animal shall be liable to imprisonment for fourteen years.

s 79: Am 1924 No 10, sec 5 (c); 1984 No 7, Sch 1 (6).

80 Attempt to commit bestiality

Any person who attempts to commit an act of bestiality with any animal shall be liable to imprisonment for five years.

s 80: Am 1951 No 31, sec 2 (f); 1984 No 7, Sch 1 (7).

Subdivision 14 Sexual assault by forced self-manipulation

pt 3, div 10, sdiv 14, hdg: Ins 2018 No 33, Sch 1 [37].

80A Sexual assault by forced self-manipulation

(1)  In this section—

circumstances of aggravation means circumstances in which—

(a)  at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b)  at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c)  the accused person is in the company of another person or persons, or

(d)  the complainant is under the age of 16 years, or

(e)  the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(f)  the complainant has a serious physical disability, or

(g)  the complainant has a cognitive impairment.

self-manipulation means the penetration of the vagina or anus of any person by an object manipulated by the person, except where the penetration is carried out for proper medical or other proper purposes.

threat means—

(a)  a threat of physical force, or

(b)  intimidatory or coercive conduct, or other threat, which does not involve a threat of physical force.

(2)  Any person who compels another person to engage in self-manipulation, by means of a threat that the other person could not reasonably be expected to resist, is liable to imprisonment for 14 years.

(2A)  Any person who compels another person to engage in self-manipulation—

(a)  by means of a threat that the other person could not reasonably be expected to resist, and

(b)  in circumstances of aggravation,

is liable to imprisonment for 20 years.

(3)  A person does not commit an offence under this section unless the person knows that the other person engages in the self-manipulation as a result of the threat.

s 80A: Ins 1989 No 198, Sch 1 (6). Am 1996 No 22, Sch 3 (2); 2004 No 11, Sch 4 [3] [4]; 2007 No 38, Sch 1 [3]; 2008 No 74, Sch 1 [2]; 2021 No 43, Sch 1[10] [13] [20].

Subdivision 15 Miscellaneous

pt 3, div 10, sdiv 15, hdg: Ins 2018 No 33, Sch 1 [38].

80AA Referral to child protection agency

On conviction of a person for an offence under this Division, the court may refer the matter to an appropriate child protection agency if the person against whom or with whom the offence was committed is under the authority of the offender.

s 80AA: Ins 2003 No 9, Sch 1 [19].

80AB Alternative verdicts

(1) Question of aggravation If on the trial of a person for an offence under section 61J, 61KD or 61KF the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 61I, 61KC or 61KE, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(1A) Question of aggravation in company If on the trial of a person for an offence under section 61JA the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 61I or 61J, it may find the person not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(2) Question of consent regarding complainant under 16 If on the trial of a person for an offence under section 61I the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66C (3) or 66C (4), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(3) Question of consent or authority regarding complainant under 16 If on the trial of a person for an offence under section 61J or 61JA the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66A or 66C, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(4) Question of consent regarding incest If on the trial of a person for an offence under section 61I or 61J the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 78A or 78B, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(5) Question of consent regarding cognitive impairment If on the trial of a person for an offence under section 61I, 61J or 61JA, the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66F, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(6) Question of whether offence committed for purposes of production of child abuse material If on the trial of a person for an offence under section 66DF the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66DC or 66DD, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(7)  If on the trial of a person for an offence under section 66A the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66B, 66C (1), (2), (3) or (4) or 66D, it may find the accused not guilty of the offence charged but guilty of an offence under section 66B, 66C (1), (2), (3) or (4) or 66D. The accused is liable to punishment accordingly.

(8)  If on the trial of a person for an offence under section 66C (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66C (1) or (3), it may find the accused not guilty of the offence charged but guilty of an offence under section 66C (1) or (3). The accused is liable to punishment accordingly.

(9)  If on the trial of a person for an offence under section 66C (1) or (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66C (3) or (4), it may find the accused not guilty of the offence charged but guilty of an offence under section 66C (3) or (4). The accused is liable to punishment accordingly.

(10)  If on the trial of a person for an offence under section 66C the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66D, it may find the accused not guilty of the offence charged but guilty of an offence under section 66D. The accused is liable to punishment accordingly.

(11)  If on the trial of a person for an offence under section 66A, 66B, 66C or 66D the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66DA or 66DB, it may find the accused not guilty of the offence charged but guilty of an offence under section 66DA or 66DB. The accused is liable to punishment accordingly.

s 80AB (previously s 61Q): Renumbered 2018 No 33, Sch 1 [9]. Am 2018 No 33, Sch 1 [18] [39]–[42]; 2021 No 43, Sch 1[21].

80AC Accused persons who are minors

(1)  For the purposes of any offence, a person is not, by reason only of age, to be presumed incapable of having sexual intercourse with another person or of having an intent to have sexual intercourse with another person.

(2)  Subsection (1) does not affect the operation of any law relating to the age at which a child can be convicted of an offence.

s 80AC (previously s 61S): Renumbered 2018 No 33, Sch 1 [9]. Am 2021 No 43, Sch 1[22].

80AD Common law offences of rape and attempted rape abolished

(1)  The common law offences of rape and attempted rape are abolished.

(2)  Parts 1A, 1 and 19 of Schedule 11 make provision with respect to rape and other former sexual offences.

s 80AD (previously s 63): Renumbered 2018 No 33, Sch 1 [9].

80AE Consent no defence in certain cases

(1)  The consent of the child or other person to whom the charge relates shall be no defence to a charge under section 61E (1A), (2) or (2A), 61M (2), 61N (1), 61O (1), (2) or (2A), 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 67, 68, 71, 72, 72A, 73, 73A, 74 or 76A or, if the child to whom the charge relates was under the age of 16 years at the time the offence is alleged to have been committed, to a charge under section 61E (1), 61L, 61M (1) or 76.

(2)    (Repealed)

s 80AE (previously s 77): Renumbered 2018 No 33, Sch 1 [9]. Am 2018 No 33, Sch 1 [43]–[45].

80AF Uncertainty about time when sexual offence against child occurred

(1)  This section applies if—

(a)  it is uncertain as to when during a period conduct is alleged to have occurred, and

(b)  the complainant in relation to the alleged conduct was for the whole of that period a child, and

(c)  there was no time during that period that the alleged conduct, if proven, would not have constituted a sexual offence, and

(d)  because of a change in the law or a change in the age of the child during that period, the alleged conduct, if proven, would have constituted more than one sexual offence during that period.

(2)  In such a case, a person may be prosecuted in respect of the conduct under any of those sexual offences (except one that has a higher maximum penalty than any one or more of the other offences) regardless of when during that period the conduct actually occurred.

(2A)  In prosecuting an offence referred to in subsection (2)—

(a)  any requirement to establish that the offence charged was in force is satisfied if the prosecution can establish that the offence was in force at some time during that period, and

(b)  any requirement to establish that the complainant was of a particular age is satisfied if the prosecution can establish that the complainant was of that age at some time during that period.

(3)  In this section—

child means a person who is under the age of 16 years.

sexual offence means the following offences regardless of when the offence occurred—

(a)  an offence under a provision of this Division or Division 10A, 10B, 15 or 15A,

(b)  an offence under a provision of this Act set out in Column 1 of Schedule 1A,

(c)  an offence (whether under section 344A or otherwise) of attempting to commit any offence referred to in paragraph (a) or (b),

(d)  an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)–(c).

s 80AF: Ins 2018 No 33, Sch 1 [46]. Am 2019 No 10, Sch 1.6 [1]; 2021 No 43, Sch 1[18] [23].

80AG Defence of similar age

(1)  It is a defence to a prosecution for an offence under section 66C (3), 66DB, 66DD, 73 or 73A if the complainant is of or above the age of 14 years and the age difference between the complainant and the accused person is no more than 2 years.

(2)  In any criminal proceedings in which the application of this section is raised, the prosecution has the onus of proving, beyond reasonable doubt, that the complainant was less than 14 years of age or that the difference in age between the complainant and the accused person is more than 2 years.

s 80AG: Ins 2018 No 33, Sch 1 [46]. Am 2021 No 43, Sch 1[13].

Division 10A Sexual servitude

pt 3, div 10A: Ins 2001 No 99, Sch 1.

80B Meaning of “sexual servitude”

(1)  For the purposes of this Division, sexual servitude is the condition of a person who provides sexual services and who, because of the use of force or threats—

(a)  is not free to cease providing sexual services, or

(b)  is not free to leave the place or area where the person provides sexual services.

(2)  In this section—

sexual service means the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others.

threat means—

(a)  a threat of force, or

(b)  a threat to cause a person’s deportation, or

(c)  a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.

s 80B: Ins 2001 No 99, Sch 1.

80C Meaning of “circumstances of aggravation”

In this Division, circumstances of aggravation means circumstances involving either or both of the following—

(a)  the alleged victim is under the age of 18 years,

(b)  the alleged victim has a cognitive impairment (within the meaning of Division 10).

s 80C: Ins 2001 No 99, Sch 1. Am 2008 No 74, Sch 1 [6].

80D Causing sexual servitude

(1)  A person—

(a)  who causes another person to enter into or remain in sexual servitude, and

(b)  who intends to cause, or is reckless as to causing, that sexual servitude,

is guilty of an offence.

Maximum penalty—Imprisonment for 15 years.

(2)  A person is guilty of an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.

Maximum penalty—Imprisonment for 20 years.

s 80D: Ins 2001 No 99, Sch 1. Am 2008 No 105, Sch 1 [18].

80E Conduct of business involving sexual servitude

(1)  A person—

(a)  who conducts any business that involves the sexual servitude of other persons, and

(b)  who knows about, or is reckless as to, that sexual servitude,

is guilty of an offence.

Maximum penalty—Imprisonment for 15 years.

(2)  A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.

Maximum penalty—Imprisonment for 19 years.

(3)  For the purposes of this section, conducting a business includes—

(a)  taking any part in the management of the business, or

(b)  exercising control or direction over the business, or

(c)  providing finance for the business.

s 80E: Ins 2001 No 99, Sch 1.

80F Alternative verdicts

If on the trial of a person for an offence under section 80D (2) or 80E (2) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under section 80D (1) or 80E (1), respectively, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

s 80F: Ins 2001 No 99, Sch 1.

Division 10B Incitement to commit sexual offence

pt 3, div 10B: Ins 2008 No 105, Sch 1 [19].

80G Incitement to commit sexual offence

(1)  A person who incites the commission of an offence under Division 10, 10A or 15A is guilty of an offence and is liable to the penalty provided for the commission of the offence.

(2)  For the person to be guilty, the person must intend that the offence incited be committed.

(3)  A person may be found guilty even if committing the offence incited is impossible.

(4)  Any defences, procedures, limitations or qualifying provisions that apply to the offence incited also apply to an offence under this section.

(5)  It is not an offence to incite the commission of the following offences—

(a)  an offence under section 61KC, 61KD, 61KE, 61KF, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF or 73A that is constituted by inciting another person to sexual touching or a sexual act within the meaning of Division 10,

(b)  an offence under section 66EB, 66EC, 78B or 80 or an offence under section 344A of attempting to commit an offence under Division 10, 10A or 15.

s 80G: Ins 2008 No 105, Sch 1 [19]. Am 2018 No 33, Sch 1 [47].

81–81B (Repealed)

s 81: Rep 1984 No 7, Sch 1 (8).

s 81A: Ins 1955 No 16, sec 3 (a). Rep 1984 No 7, Sch 1 (8).

s 81B: Ins 1955 No 16, sec 3 (a). Rep 1984 No 7, Sch 1 (8).

Division 11 Misconduct with regard to corpses

pt 3, div 11, hdg: Ins 2000 No 53, Sch 3.3 [13].

81C Misconduct with regard to corpses

Any person who—

(a)  indecently interferes with any dead human body, or

(b)  improperly interferes with, or offers any indignity to, any dead human body or human remains (whether buried or not),

shall be liable to imprisonment for two years.

s 81C and subhdg: Ins 1974 No 50, sec 5 (s).

Division 12 Termination of pregnancies by unqualified persons

pt 3, div 12, hdg: Ins 2000 No 53, Sch 3.3 [14]. Subst 2019 No 11, Sch 2.1[2].

pt 3, div 12: Subst 2019 No 11, Sch 2.1[2].

82 Termination of pregnancy performed by unqualified person

(1)  An unqualified person who performs a termination on another person commits an offence.

Maximum penalty—7 years imprisonment.

(2)  An unqualified person who assists in the performance of a termination on another person commits an offence.

Maximum penalty—7 years imprisonment.

(3)  A reference in subsection (2) to assisting in the performance of a termination includes—

(a)  supplying, or procuring the supply of, a termination drug for use in a termination, and

(b)  administering a termination drug.

Note.

Section 12 of the Abortion Law Reform Act 2019 provides that a person who consents to, assists in, or performs a termination on themselves does not commit an offence.

(4)  Proceedings for an offence under this section may only be instituted by, or with the approval of, the Director of Public Prosecutions.

(5)  In this section—

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

perform includes attempt to perform.

termination means an intentional termination of a pregnancy in any way, including, for example, by—

(a)  administering a drug, or

(b)  using an instrument or other thing.

unqualified person means—

(a)  in relation to performing a termination on another person—a person who is not a medical practitioner, or

(b)  in relation to assisting in the performance of a termination on another person—a person who is not authorised under section 8 of the Abortion Law Reform Act 2019 to assist in the performance of the termination.

s 82: Subst 2019 No 11, Sch 2.1[2].

83, 84 (Repealed)

s 83: Rep 2019 No 11, Sch 2.1[2].

s 84: Rep 2019 No 11, Sch 2.1[2].

Division 13 Concealing birth of a child

pt 3, div 13, hdg: Ins 2000 No 53, Sch 3.3 [15].

85 Concealment of birth

(1)  Whosoever by any disposition of the dead body of a child, whether the child died before or after or during its birth, wilfully conceals or attempts to conceal the birth of the child, shall be liable to imprisonment for two years.

(2)  It shall be a sufficient defence to any charge under this section if the accused person shall satisfy the court or jury that the dead body in respect of which the disposition took place had issued from the body of its mother before the expiration of the twenty-eighth week of pregnancy.

s 85: Subst 1924 No 10, sec 7.

Division 13A

(Renumbered as Part 3 Division 14)

85A (Renumbered as sec 86)

Division 14 Kidnapping

pt 3, div 14, hdg: Ins 2000 No 53, Sch 3.3 [16]. Rep 2001 No 117, Sch 3 [3].

pt 3, div 14, hdg (previously Part 3, Div 13A, heading): Ins 2001 No 84, Sch 1 [5]. Subst 2001 No 117, Sch 3 [1].

86 Kidnapping

(1) Basic offence A person who takes or detains a person, without the person’s consent—

(a)  with the intention of holding the person to ransom, or

(a1)  with the intention of committing a serious indictable offence, or

(b)  with the intention of obtaining any other advantage,

is liable to imprisonment for 14 years.

(2) Aggravated offence A person is guilty of an offence under this subsection if—

(a)  the person commits an offence under subsection (1) in the company of another person or persons, or

(b)  the person commits an offence under subsection (1) and at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.

A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1)—

(a)  in the company of another person or persons, and

(b)  at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.

A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

(4) Alternative verdicts If on the trial of a person for an offence under subsection (2) or (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of a lesser offence under this section, it may find the accused not guilty of the offence charged but guilty of the lesser offence, and the accused is liable to punishment accordingly.

(5)  A person who takes or detains a child is to be treated as acting without the consent of the child.

(6)  A person who takes or detains a child does not commit an offence under this section if—

(a)  the person is the parent of the child or is acting with the consent of a parent of the child, and

(b)  the person is not acting in contravention of any order of a court relating to the child.

(7)  In this section—

child means a child under the age of 16 years.

detaining a person includes causing the person to remain where he or she is.

parent of a child means a person who has, in relation to the child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.

taking a person includes causing the person to accompany a person and causing the person to be taken.

s 86 (as originally enacted): Rep 2001 No 117, Sch 3 [3].

s 86 (previously s 85A): Ins 2001 No 84, Sch 1 [5]. Renumbered 2001 No 117, Sch 3 [2]. Am 2012 No 67, Sch 1 [3].

87 Child abduction

(1)  A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.

(2)  A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.

(3)  In this section—

child means a child under the age of 12 years.

detaining a child includes causing the child to remain where he or she is.

taking a child includes causing the child to accompany a person and causing the child to be taken.

(4)  In this section, a reference to a person who has parental responsibility for a child is a reference to—

(a)  a person who has, in relation to a child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children, or

(b)  a person authorised to be the carer of the child under an Act relating to the care and protection of children.

s 87: Subst 2001 No 117, Sch 3 [3].

88–91 (Repealed)

s 88: Am 1951 No 31, Sch. Rep 2001 No 117, Sch 3 [3].

s 89: Rep 2001 No 117, Sch 3 [3].

s 90: Rep 2001 No 117, Sch 3 [3].

s 90A: Ins 1961 No 70, sec 2 (a). Rep 2001 No 84, Sch 1 [6].

s 91: Rep 2001 No 117, Sch 3 [3].

Division 14A Procuring for prostitution

pt 3, div 14A, hdg: Ins 2001 No 117, Sch 3 [4].

91A Procuring etc

Whosoever procures, entices or leads away any person (not being a prostitute), whether with that person’s consent or not for purposes of prostitution, either within or without New South Wales, shall, notwithstanding that some one or more of the various acts constituting the offence may have been committed outside New South Wales, be liable to imprisonment for seven years.

s 91A: Ins 1924 No 10, sec 8. Am 1974 No 50, sec 5 (t); 1979 No 72, Sch 2 (1).

91B Procuring person by drugs etc

Whosoever by means of any fraud, violence, threat, or abuse of authority, or by the use of any drug or intoxicating liquor, procures, entices, or leads away any person for purposes of prostitution, either within or without New South Wales, shall, notwithstanding that some one or more of the various acts constituting the offence may have been committed outside New South Wales, be liable to imprisonment for ten years.

s 91B: Ins 1924 No 10, sec 8. Am 1974 No 50, sec 5 (u).

Division 15 Child prostitution

pt 3, div 15, hdg: Ins 2000 No 53, Sch 3.3 [17]. Am 2008 No 105, Sch 1 [20].

91C Definitions

For the purposes of this Division—

act of child prostitution means any sexual service, whether or not involving an indecent act—

(a)  that is provided by a child for the payment of money or the provision of any other material thing (whether or not it is in fact paid or provided to the child or to any other person), and

(b)  that can reasonably be considered to be aimed at the sexual arousal or sexual gratification of a person or persons other than the child,

and includes (but is not limited to) sexual activity between persons of different sexes or the same sex, comprising sexual intercourse (as defined in Division 10) for payment or masturbation committed by one person on another for payment, engaged in by a child.

child means a person who is under the age of 18 years.

s 91C: Ins 1924 No 10, sec 8. Rep 1968 No 32, sec 4. Ins 1988 No 115, Sch 1 (3). Am 1989 No 198, Sch 1 (7); 2004 No 95, Sch 1 [1] [2]; 2008 No 105, Sch 1 [21]; 2018 No 33, Sch 1 [48].

91D Promoting or engaging in acts of child prostitution

(1)  Any person who—

(a)  by any means, causes or induces a child to participate in an act of child prostitution, or

(b)  participates as a client with a child in an act of child prostitution,

is liable to imprisonment for 10 years or, if the child is under the age of 14 years, to imprisonment for 14 years.

(2)    (Repealed)

(3)  The consent of a child is not a defence to a charge relating to an offence under this section.

s 91D: Ins 1924 No 10, sec 8. Subst 1951 No 31, sec 2 (g). Am 1974 No 50, sec 5 (v). Rep 1979 No 72, Sch 2 (2). Ins 1988 No 115, Sch 1 (3). Am 2003 No 9, Sch 1 [20] [21].

91E Obtaining benefit from child prostitution

(1)  Any person who receives money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution is liable to imprisonment for 10 years or, if the act of child prostitution involves a child under the age of 14 years, to imprisonment for 14 years.

(2)  A person is not guilty of an offence under this section if the person satisfies the court that the money or other material benefit concerned—

(a)  was received by the person for the lawful provision of goods or services, or

(b)  was paid or provided in accordance with a judgment or an order of a court or a legislative requirement, whether or not under New South Wales law.

(3)  The higher maximum penalty under this section in the case of an offence involving a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.

s 91E: Ins 1988 No 115, Sch 1 (3). Am 2008 No 105, Sch 1 [22] [23].

91F Premises not to be used for child prostitution

(1)  Any person who is capable of exercising lawful control over premises at which a child participates in an act of child prostitution is liable to imprisonment for 7 years.

(2)  For the purposes of this section, each person—

(a)  who is an owner, lessee, licensee or occupier of premises,

(b)  who is concerned in the management of premises or in controlling the entry of persons to, or their movement within, premises,

is to be considered as capable of exercising lawful control over the premises, whether or not any other person is capable of exercising lawful control over the premises.

(3)  A person is not guilty of an offence under this section relating to an act of child prostitution if the person satisfies the court—

(a)  that the person did not know about the act, or

(b)  that the person did not know that a child was participating in the act or, for any other reason, did not know that the act was an act of child prostitution, or

(c)  that the person used all due diligence to prevent the child from participating in the act.

s 91F: Ins 1988 No 115, Sch 1 (3).

Division 15A Child abuse material

pt 3, div 15A, hdg: Ins 2008 No 105, Sch 1 [24]. Subst 2010 No 9, Sch 1 [3].

91FA Definitions

For the purposes of this Division—

child means a person who is under the age of 16 years.

child abuse material—see section 91FB.

data includes—

(a)  information in any form, or

(b)  any program (or part of a program).

deal, in relation to child abuse material, includes any of the following—

(a)  viewing, uploading or downloading child abuse material,

(b)  making child abuse material available for viewing, uploading or downloading,

(c)  facilitating the viewing, uploading or downloading of child abuse material.

material includes any film, printed matter, data or any other thing of any kind (including any computer image or other depiction).

young person means a person who is of or above the age of 16 years and under the age of 18 years.

s 91FA: Ins 2008 No 105, Sch 1 [24]. Am 2010 No 9, Sch 1 [4] [5]; 2018 No 30, Sch 4[1]; 2018 No 33, Sch 1 [49].

91FB Child abuse material—meaning

(1)  In this Division—

child abuse material means material that depicts or describes, in a way that reasonable persons would regard as being, in all the circumstances, offensive—

(a)  a person who is, appears to be or is implied to be, a child as a victim of torture, cruelty or physical abuse, or

(b)  a person who is, appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons), or

(c)  a person who is, appears to be or is implied to be, a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity, or

(d)  the private parts of a person who is, appears to be or is implied to be, a child.

(2)  The matters to be taken into account in deciding whether reasonable persons would regard particular material as being, in all the circumstances, offensive, include—

(a)  the standards of morality, decency and propriety generally accepted by reasonable adults, and

(b)  the literary, artistic or educational merit (if any) of the material, and

(c)  the journalistic merit (if any) of the material, being the merit of the material as a record or report of a matter of public interest, and

(d)  the general character of the material (including whether it is of a medical, legal or scientific character).

(3)  Material that depicts a person or the private parts of a person includes material that depicts a representation of a person or the private parts of a person (including material that has been altered or manipulated to make a person appear to be a child or to otherwise create a depiction referred to in subsection (1)).

(4)  The private parts of a person are—

(a)  a person’s genital area or anal area, whether bare or covered by underwear, or

(b)  the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed.

s 91FB: Ins 2010 No 9, Sch 1 [6]. Am 2018 No 29, Sch 1.4 [1][2].

91G Children not to be used for production of child abuse material

(1)  Any person who—

(a)  uses a child who is under the age of 14 years for the production of child abuse material, or

(b)  causes or procures a child of that age to be so used, or

(c)  having the care of a child of that age, consents to the child being so used or allows the child to be so used,

is guilty of an offence.

Maximum penalty—imprisonment for 14 years.

(2)  Any person who—

(a)  uses a child who is of or above the age of 14 years for the production of child abuse material, or

(b)  causes or procures a child of that age to be so used, or

(c)  having the care of a child of that age, consents to the child being so used or allows the child to be so used,

is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

(3)  A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) or (2) in circumstances of aggravation.

Maximum penalty—imprisonment for 20 years.

(3A)  In this section, circumstances of aggravation means circumstances in which—

(a)  the alleged victim is under 10 years of age, or

(b)  at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

(c)  at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or

(d)  the alleged offender is in the company of another person or persons, or

(e)  the alleged victim is, whether generally or at the time of the commission of the offence, under the authority of the alleged offender, or

(f)  the alleged victim has a serious physical disability, or

(g)  the alleged victim has a cognitive impairment, or

(h)  the alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence, or

(i)  the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, or

(j)  the alleged offender breaks and enters into a dwelling-house or other building with the intention of committing the offence or another serious indictable offence.

(3B)  In proceedings for an offence against this section, it is not necessary to prove that the accused knew the age of the child concerned.

(3C)  If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1) or (2), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1) or (2). The person is liable to punishment accordingly.

(4)  For the purposes of this section, a person may have the care of a child without necessarily being entitled by law to have the custody of the child.

(5)  Where on the trial of a person for an offence under subsection (1) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (2), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(6)  Proceedings for an offence under this section against a child or young person may only be instituted by or with the approval of the Director of Public Prosecutions.

s 91G: Ins 1988 No 115, Sch 1 (3). Am 1997 No 142, Sch 1 [2]–[4]. Subst 2004 No 95, Sch 1 [3]. Am 2010 No 9, Sch 1 [7] [8]; 2018 No 30, Sch 4[2]; 2018 No 33, Sch 1 [50].

91H Production, dissemination or possession of child abuse material

(1)  In this section—

disseminate child abuse material, includes—

(a)  send, supply, exhibit, transmit or communicate it to another person, or

(b)  make it available for access by another person, or

(c)  enter into any agreement or arrangement to do so.

possess child abuse material includes, in relation to material in the form of data, being in possession or control of data (within the meaning of section 308F (2)).

produce child abuse material includes—

(a)  film, photograph, print or otherwise make child abuse material, or

(b)  alter or manipulate any image for the purpose of making child abuse material, or

(c)  enter into any agreement or arrangement to do so.

(2)  A person who produces, disseminates or possesses child abuse material is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

(3)  Proceedings for an offence under this section against a child or young person may only be instituted by or with the approval of the Director of Public Prosecutions.

s 91H: Ins 2004 No 95, Sch 1 [4]. Am 2008 No 105, Sch 1 [25]–[30]. Subst 2010 No 9, Sch 1 [9]. Am 2018 No 33, Sch 1 [51].

91HAA Administering a digital platform used to deal with child abuse material

(1)  A person (the administrator) is guilty of an offence if—

(a)  the administrator administers, or assists in the administration of, a digital platform, and

(b)  the digital platform is used by another person to deal with child abuse material, and

(c)  the administrator—

(i)  intends that the digital platform be used by another person to deal with child abuse material, or

(ii)  is aware that the digital platform is being used by another person to deal with child abuse material.

Maximum penalty—imprisonment for 14 years.

(2)  In proceedings for an offence against this section, it is not necessary to prove the identity of the person using the digital platform to deal with child abuse material.

(3)  In this section—

administer, a digital platform, includes the following—

(a)  design, create, manage or maintain the digital platform, part of the digital platform or a function of the digital platform,

(b)  provide a device to host the digital platform, part of the digital platform or a function of the digital platform,

(c)  facilitate the operation and use of the digital platform, part of the digital platform or a function of the digital platform.

s 91HAA: Ins 2018 No 33, Sch 1 [52]. Renumbered 2018 No 30, Sch 4[2A]. Subst 2018 No 30, Sch 4[3].

91HAB Encouraging use of a digital platform to deal with child abuse material

(1)  A person is guilty of an offence if—

(a)  the person is 18 or more years of age, and

(b)  the person encourages another person to use a digital platform, and

(c)  the person intends that other person to use the digital platform to deal with child abuse material.

Maximum penalty—imprisonment for 14 years.

(2)  In determining whether a person has encouraged another person to use a digital platform with the intention of the person using it to deal with child abuse material in proceedings for an offence against this section, it is not necessary to prove—

(a)  the identity of the person encouraged to use the digital platform to deal with child abuse material, or

(b)  that another person in fact used the digital platform to deal with child abuse material, or

(c)  if another person did in fact use the digital platform to deal with child abuse material, that it was the defendant’s encouragement that caused the person to do so.

s 91HAB: Ins 2018 No 30, Sch 4[3].

91HAC Providing information about avoiding detection

(1)  A person is guilty of an offence if the person intentionally provides information to another person about how to avoid detection of, or prosecution for, conduct that involves the commission of an offence against section 91HAA or 91HAB.

Maximum penalty—imprisonment for 14 years.

(2)  In proceedings for an offence against this section, it is not necessary to prove—

(a)  the identity of the person to whom the information was provided, or

(b)  that the information was actually used by the other person.

s 91HAC: Ins 2018 No 30, Sch 4[3].

91HA Defences

(1) Innocent production, dissemination or possession It is a defence in proceedings for an offence against section 91H that the defendant did not know, and could not reasonably be expected to have known, that he or she produced, disseminated or possessed (as the case requires) child abuse material.

(1A) Reasonable steps to prevent dealing with child abuse material It is a defence in proceedings for an offence against section 91HAA that the defendant, on becoming aware that the digital platform was being used to deal with child abuse material, took all reasonable steps in the circumstances to prevent other persons from being able to use the digital platform to access child abuse material.

(2)  It is a defence in proceedings for an offence against section 91H not involving the production or dissemination of child abuse material that the material concerned came into the defendant’s possession unsolicited and the defendant, as soon as he or she became aware of its nature, took reasonable steps to get rid of it.

(3) Public benefit It is a defence in proceedings for an offence against section 91H, 91HAA, 91HAB or 91HAC that the conduct engaged in by the defendant—

(a)  was of public benefit, and

(b)  did not extend beyond what was of public benefit.

(4)  Conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in—

(a)  enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth, or

(b)  monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth, or

(c)  the administration of justice.

(5)  The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant.

(6) Law enforcement officers It is a defence in proceedings for an offence against section 91H, 91HAA, 91HAB or 91HAC that—

(a)  the defendant was, at the time of the offence, a law enforcement officer acting in the course of his or her duties, and

(b)  the conduct of the defendant was reasonable in the circumstances for the purpose of performing that duty.

(7) Classified material It is a defence in proceedings for an offence against section 91H, 91HAA, 91HAB or 91HAC that the material concerned was classified (whether before or after the commission of the alleged offence) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC).

(8) Approved research It is a defence in proceedings for an offence against section 91G, 91H, 91HAA, 91HAB or 91HAC that the conduct engaged in by the defendant—

(a)  was necessary for or of assistance in conducting scientific, medical or educational research that has been approved by the Attorney General in writing for the purposes of this section, and

(b)  did not contravene any conditions of that approval.

(9) Person producing, disseminating or possessing depictions of himself or herself It is a defence in proceedings for an offence against section 91H of possessing child abuse material if the only person depicted in the material is the accused person.

(10)  It is a defence in proceedings for an offence against section 91H of producing or disseminating child abuse material if—

(a)  the production or dissemination of the material occurred when the accused person was under the age of 18 years, and

(b)  the only person depicted in the material is the accused person.

(11)  Material that depicts a person other than the accused person is taken, for the purposes of this section, to depict only the accused person if the material would no longer be child abuse material were the depiction of the accused person to be removed.

(12)  The onus of proving under subsection (9) or (10) that material depicts the accused person and no other person lies with the accused person on the balance of probabilities.

s 91HA: Ins 2010 No 9, Sch 1 [9]. Am 2018 No 30, Sch 4[4]–[6]; 2018 No 33, Sch 1 [53].

91HB Exception

A person does not commit an offence under section 91H of possessing child abuse material if—

(a)  the possession of the material occurred when the accused person was under the age of 18 years, and

(b)  a reasonable person would consider the possession of the material by the accused person as acceptable having regard to each of the following (to the extent relevant)—

(i)  the nature and content of the material,

(ii)  the circumstances in which the material was produced and came into the possession of the accused person,

(iii)  the age, intellectual capacity, vulnerability or other relevant circumstances of the child depicted in the material,

(iv)  the age, intellectual capacity, vulnerability or other relevant circumstances of the accused person at the time the accused person first came into possession of the material and at the time that the accused person’s possession of the material first came to the attention of a police officer,

(v)  the relationship between the accused person and the child depicted in the material.

s 91HB (previously s 91HAA): Renumbered 2018 No 30, Sch 4[2A].

Division 15B Voyeurism and related offences

pt 3, div 15B: Ins 2008 No 105, Sch 1 [31].

91I Definitions

(1)  In this Division—

building includes a vehicle, vessel, tent or temporary structure.

private parts means—

(a)  a person’s genital area or anal area, whether bare or covered by underwear, or

(b)  the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed.

(2)  For the purposes of this Division, a person is engaged in a private act if—

(a)  the person is in a state of undress, using the toilet, showering or bathing, engaged in a sexual act of a kind not ordinarily done in public, or engaged in any other like activity, and

(b)  the circumstances are such that a reasonable person would reasonably expect to be afforded privacy.

(3)  For the purposes of this Division, a person films another person, or another person’s private parts, if the person causes one or more images (whether still or moving) of the other person or the other person’s private parts to be recorded or transmitted for the purpose of enabling the person or a third person to observe those images (whether during the filming or later).

s 91I: Ins 2008 No 105, Sch 1 [31]. Am 2017 No 29, Sch 1 [1]; 2018 No 29, Sch 1.4 [3].

91J Voyeurism

(1) General offence A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act—

(a)  without the consent of the person being observed to being observed for that purpose, and

(b)  knowing that the person being observed does not consent to being observed for that purpose,

is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

(2)  An offence against subsection (1) is a summary offence.

(3) Aggravated offence A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act—

(a)  without the consent of the person being observed to being observed for that purpose, and

(b)  knowing that the person being observed does not consent to being observed for that purpose, and

(c)  in circumstances of aggravation,

is guilty of an offence.

Maximum penalty—imprisonment for 5 years.

(4)  In this section, circumstances of aggravation means circumstances in which—

(a)  the person whom the offender observed was a child under the age of 16 years, or

(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.

(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.

(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.

ss 91J–91M: Ins 2008 No 105, Sch 1 [31].

91K Filming a person engaged in private act

(1) General offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act—

(a)  without the consent of the person being filmed to being filmed for that purpose, and

(b)  knowing that the person being filmed does not consent to being filmed for that purpose,

is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

(2)  An offence against subsection (1) is a summary offence.

(3) Aggravated offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act—

(a)  without the consent of the person being filmed to being filmed for that purpose, and

(b)  knowing that the person being filmed does not consent to being filmed for that purpose, and

(c)  in circumstances of aggravation,

is guilty of an offence.

Maximum penalty—imprisonment for 5 years.

(4)  In this section, circumstances of aggravation means circumstances in which—

(a)  the person whom the offender filmed was a child under the age of 16 years, or

(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.

(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.

(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.

ss 91J–91M: Ins 2008 No 105, Sch 1 [31].

91L Filming a person’s private parts

(1) General offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would reasonably expect the person’s private parts could not be filmed—

(a)  without the consent of the person being filmed to being filmed for that purpose, and

(b)  knowing that the person being filmed does not consent to being filmed for that purpose,

is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

(2)  An offence against subsection (1) is a summary offence.

(3) Aggravated offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would expect that his or her private parts could not be filmed—

(a)  without the consent of the person being filmed to being filmed for that purpose, and

(b)  knowing that the person being filmed does not consent to being filmed for that purpose, and

(c)  in circumstances of aggravation,

is guilty of an offence.

Maximum penalty—imprisonment for 5 years.

(4)  In this section, circumstances of aggravation means circumstances in which—

(a)  the person whom the offender filmed was a child under the age of 16 years, or

(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.

(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.

(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.

(7) Double jeopardy A person cannot be convicted of both an offence against this section and an offence against section 91K in respect of conduct occurring on the same occasion.

ss 91J–91M: Ins 2008 No 105, Sch 1 [31].

91M Installing device to facilitate observation or filming

(1) Offence A person who, with the intention of enabling that person or any other person to commit an offence against section 91J, 91K or 91L, installs any device, or constructs or adapts the fabric of any building, for the purpose of facilitating the observation or filming of another person, is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

(2)  An offence against this section is a summary offence.

(3) Alternative verdict If on the trial of a person charged with an offence against section 91J, 91K or 91L the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against this section, the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against this section. The person is liable to punishment accordingly.

ss 91J–91M: Ins 2008 No 105, Sch 1 [31].

Division 15C Recording and distributing intimate images

pt 3, div 15C: Ins 2017 No 29, Sch 1 [2].

91N Definitions

(1)  In this Division—

distribute includes—

(a)  send, supply, exhibit, transmit or communicate to another person, or

(b)  make available for viewing or access by another person,

whether in person or by electronic, digital or any other means.

engaged in a private act means—

(a)  in a state of undress, or

(b)  using the toilet, showering or bathing, or

(c)  engaged in a sexual act of a kind not ordinarily done in public, or

(d)  engaged in any other like activity.

image means a still or moving image, whether or not altered.

intimate image means—

(a)  an image of a person’s private parts, or of a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy, or

(b)  an image that has been altered to appear to show a person’s private parts, or a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy.

private parts means—

(a)  a person’s genital area or anal area, whether bare or covered by underwear, or

(b)  the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed.

record an image means record, take or capture an image, by any means.

(2)  A person may be regarded as having distributed an image to another person whether or not the other person views or accesses the image.

s 91N: Ins 2017 No 29, Sch 1 [2]. Am 2018 No 29, Sch 1.4 [4].

91O Meaning of consent in intimate image offences

(1)  This section applies to all offences under this Division.

(2)  A person consents to the recording of an intimate image if the person freely and voluntarily agrees to the recording of the intimate image.

(3)  A person consents to the distribution of an intimate image if the person freely and voluntarily agrees to the distribution of the intimate image.

(4)  A person who consents to the recording or distribution of an image on a particular occasion is not, by reason only of that fact, to be regarded as having consented to the recording or distribution of that image or any other image on another occasion.

(5)  A person who consents to the distribution of an image to a particular person or in a particular way is not, by reason only of that fact, to be regarded as having consented to the distribution of that image or any other image to another person or in another way.

(6)  A person who distributes an image of himself or herself is not, by reason only of that fact, to be regarded as having consented to any other distribution of the image.

(7)  A person does not consent to the recording or distribution of an intimate image—

(a)  if the person is under the age of 16 years or does not otherwise have the capacity to consent, including because of cognitive incapacity, or

(b)  if the person does not have the opportunity to consent because the person is unconscious or asleep, or

(c)  if the person consents because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or

(d)  if the person consents because the person is unlawfully detained.

(8)  This section does not limit the grounds on which it may be established that a person does not consent to the recording or distribution of an intimate image.

ss 91O–91R: Ins 2017 No 29, Sch 1 [2].

91P Record intimate image without consent

(1)  A person who intentionally records an intimate image of another person—

(a)  without the consent of the person, and

(b)  knowing the person did not consent to the recording or being reckless as to whether the person consented to the recording,

is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 3 years, or both.

(2)  A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.

ss 91O–91R: Ins 2017 No 29, Sch 1 [2].

91Q Distribute intimate image without consent

(1)  A person who intentionally distributes an intimate image of another person—

(a)  without the consent of the person, and

(b)  knowing the person did not consent to the distribution or being reckless as to whether the person consented to the distribution,

is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 3 years, or both.

(2)  A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.

ss 91O–91R: Ins 2017 No 29, Sch 1 [2].

91R Threaten to record or distribute intimate image

(1)  A person who threatens to record an intimate image of another person—

(a)  without the consent of the other person, and

(b)  intending to cause that other person to fear that the threat will be carried out,

is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 3 years, or both.

(2)  A person who threatens to distribute an intimate image of another person—

(a)  without the consent of the other person, and

(b)  intending to cause that other person to fear that the threat will be carried out,

is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 3 years, or both.

(3)  A threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.

(4)  A person may threaten to distribute an image whether or not the image exists.

(5)  In proceedings for an offence against this section, the prosecution is not required to prove that the person alleged to have been threatened actually feared that the threat would be carried out.

(6)  A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.

ss 91O–91R: Ins 2017 No 29, Sch 1 [2].

91S Court may order rectification

(1)  A court that finds a person guilty of an offence against section 91P or 91Q may order the person to take reasonable actions to remove, retract, recover, delete or destroy any intimate image recorded or distributed by the person in contravention of the section within a period specified by the court.

(1A)  A court that finds a person guilty of an offence against section 91R may order the person to take reasonable actions to remove, retract, recover, delete or destroy any intimate image threatened to be distributed by the person in contravention of the section within a period specified by the court.

(2)  A person who, without reasonable excuse, contravenes an order made under this section is guilty of an offence.

Maximum penalty—50 penalty units or imprisonment for 2 years, or both.

(3)  An offence against this section is a summary offence.

s 91S: Ins 2017 No 29, Sch 1 [2]. Am 2020 No 31, Sch 1.4.

91T Exceptions

(1)  A person does not commit an offence against section 91P or 91Q if—

(a)  the conduct alleged to constitute the offence was done for a genuine medical or scientific purpose, or

(b)  the conduct alleged to constitute the offence was done by a law enforcement officer for a genuine law enforcement purpose, or

(c)  the conduct alleged to constitute the offence was required by a court or otherwise reasonably necessary to be done for the purpose of legal proceedings, or

(d)  a reasonable person would consider the conduct of the accused person acceptable, having regard to each of the following (to the extent relevant)—

(i)  the nature and content of the image,

(ii)  the circumstances in which the image was recorded or distributed,

(iii)  the age, intellectual capacity, vulnerability or other relevant circumstances of the person depicted in the image,

(iv)  the degree to which the accused person’s actions affect the privacy of the person depicted in the image,

(v)  the relationship between the accused person and the person depicted in the image.

(2)  In this section—

law enforcement officer means a police officer or other person who exercises law enforcement functions under a law of this State, another State, a Territory or the Commonwealth.

s 91T: Ins 2017 No 29, Sch 1 [2].

Division 16 Bigamy

pt 3, div 16, hdg: Ins 2000 No 53, Sch 3.3 [18].

92 Bigamy

Whosoever, being married, marries another person during the life of the former spouse (including husband or wife), shall be liable to imprisonment for seven years—

Provided that no person shall be convicted under this section whose spouse (including husband or wife) has at the time of such second marriage been continually absent from such person for the space of seven years, or, if domiciled in New South Wales at the time of the first marriage, has been continually absent from New South Wales for the space of five years then last past, and was, on reasonable grounds, believed by the accused at the time of the second marriage not to be living, of which facts the proof shall lie on the accused.

Editorial note.

See Marriage Act 1961 (Commonwealth), section 94.

s 92: Am 2018 No 28, Sch 1.12.

93 Participator in bigamy

Whosoever, whether married or unmarried, marries the spouse (including husband or wife) of any person not continually so absent, as in the proviso to section 92 mentioned, knowing him or her to be married, and the former wife or husband to be alive, shall be liable to imprisonment for five years.

Editorial note.

See Marriage Act 1961 (Commonwealth), section 94.

s 93: Am 1951 No 31, Sch; 2018 No 28, Sch 1.12.

Division 17 Slavery and slavery-like offences

pt 3, div 17: Ins 2018 No 30, Sch 4[7].

93AA Definitions

In this Division—

coercion includes coercion by any of the following—

(a)  force,

(b)  duress,

(c)  detention,

(d)  psychological oppression,

(e)  abuse of power,

(f)  taking advantage of a person’s vulnerability.

deceive means mislead as to fact (including the intention of any person) or as to law, by words or other conduct.

threat means—

(a)  a threat of force, or

(b)  a threat to cause a person’s deportation, or

(c)  a threat of any other detrimental action, unless there are reasonable grounds for the threat of that action in connection with provision of labour or services by the person.

s 93AA: Ins 2018 No 30, Sch 4[7].

93AB Slavery, servitude and child forced labour

(1)  A person is guilty of an offence if, in New South Wales—

(a)  the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the person is held in slavery or servitude, or

(b)  the person requires a child to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the child is being required to perform forced or compulsory labour.

Maximum penalty—imprisonment for 25 years.

(2)  For the purposes of subsection (1) (b), forced or compulsory labour does not include—

(a)  work or service normally required of a child who is under detention because of a court order or who, under a court order of this or another jurisdiction, has been conditionally released from detention or ordered to perform work in the community, or

(b)  work or service required because of an emergency threatening the New South Wales community or a part of the New South Wales community, or

(c)  work or service that forms part of normal civil obligations.

(3)  In determining whether a person is being held in slavery or servitude or a child is required to perform forced or compulsory labour, regard may be had to all the circumstances.

(4)  For example, regard may be had to the following—

(a)  to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons,

(b)  to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation,

(c)  the coercion, threat or deception involved,

(d)  without limiting paragraph (c), whether the person has been coerced, threatened or deceived into doing anything which involves the supply or sale of the person’s tissue (within the meaning of the Human Tissue Act 1983).

(5)  The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the child to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or the child is required to perform forced or compulsory labour.

(6)  In this section—

servitude has the meaning it has in section 270.4 of the Commonwealth Criminal Code.

slavery has the meaning it has in section 270.1 of the Commonwealth Criminal Code.

s 93AB: Ins 2018 No 30, Sch 4[7].

93AC Child forced marriage

(1)  In this section—

child means a person who is under 18 years of age.

marriage includes the following—

(a)  a marriage recognised under the law of a foreign country,

(b)  a marriage that is void, invalid or not recognised by law for any reason.

(2)  For the purposes of this section, a child enters into a forced marriage if—

(a)  the child enters into the marriage without freely and fully consenting—

(i)  because of the use of coercion, threat or deception, or

(ii)  because the child was incapable of understanding the nature and effect of the marriage ceremony, or

(b)  when the marriage is entered into, the child is under 16 years of age.

(3)  A person—

(a)  who causes a child to enter into a forced marriage, and

(b)  who intends to cause, or is reckless as to causing, that forced marriage,

is guilty of an offence.

Maximum penalty—imprisonment for 9 years.

(4)  A person is guilty of an offence if the person—

(a)  enters into a marriage with a child, and

(b)  knows that it is a forced marriage, and

(c)  is not a victim of the forced marriage.

Maximum penalty—imprisonment for 9 years.

(5)  For the purposes of subsection (2)(a)(i), the subparagraph applies whether the use of the coercion, threat or deception—

(a)  is by another party to the marriage or by another person, or

(b)  is against the child or another person.

s 93AC: Ins 2018 No 30, Sch 4[7].

Part 3A Offences relating to public order

pt 3A: Ins 1946 No 43, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1988 No 81, Sch 1 (2).

Division 1 Riot and affray

pt 3A, div 1, hdg: Ins 2007 No 38, Sch 2 [5].

93A Definition

In this Division—

violence means any violent conduct, so that—

(a)  except for the purposes of section 93C, it includes violent conduct towards property as well as violent conduct towards persons, and

(b)  it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short).

s 93A: Ins 1946 No 43, sec 4 (b). Am 1970 No 50, sec 4 (a). Rep 1973 No 38, Sch 2. Ins 1988 No 81, Sch 1 (2). Am 2007 No 38, Sch 2 [14].

93B Riot

(1)  Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot and liable to imprisonment for 15 years.

(2)  It is immaterial whether or not the 12 or more persons use or threaten unlawful violence simultaneously.

(3)  The common purpose may be inferred from conduct.

(4)  No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5)  Riot may be committed in private as well as in public places.

s 93B: Ins 1946 No 43, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1988 No 81, Sch 1 (2). Am 2005 No 119, Sch 2 [2].

93C Affray

(1)  A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years.

(2)  If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).

(3)  For the purposes of this section, a threat cannot be made by the use of words alone.

(4)  No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5)  Affray may be committed in private as well as in public places.

s 93C: Ins 1946 No 43, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1988 No 81, Sch 1 (2). Am 2005 No 119, Sch 2 [3].

93D Mental element under sections 93B and 93C

(1)  A person is guilty of riot only if the person intends to use violence or is aware that his or her conduct may be violent.

(2)  A person is guilty of affray only if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.

(3)  Subsection (1) does not affect the determination for the purposes of riot of the number of persons who use or threaten violence.

s 93D: Ins 1946 No 43, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1988 No 81, Sch 1 (2).

93E (Repealed)

s 93E: Ins 1946 No 43, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1988 No 81, Sch 1 (2). Rep 2007 No 38, Sch 2 [6].

Division 2 Explosives and firearms offences

pt 3A, div 2, hdg (previously Part 3B, heading): Ins 1989 No 27, Sch 1 (3). Am 2004 No 48, Sch 1 [4]. Subst 2007 No 38, Sch 2 [7].

pt 3A, div 2 (previously Part 3B): Ins 1989 No 27, Sch 1 (3). Renumbered 2007 No 38, Sch 2 [7].

93F Interpretation

(1)  In this Division—

firearm, imitation firearm, pistol and prohibited firearm have the same meanings as in the Firearms Act 1996.

unregistered firearm means a firearm that is not registered under the Firearms Act 1996, but does not include any such firearm that is not required to be registered under that Act.

(2)  For the purposes of this Division, a person who is in a vehicle or vessel in a public place is taken to be in that place.

(3)  In subsection (2), vehicle includes a caravan or anything else constructed to be drawn by a vehicle or animal.

s 93F: Ins 1946 No 43, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1989 No 27, Sch 1 (3). Am 1992 No 13, Sch 5 (1); 1998 No 54, Sch 2.6 [4]. Subst 2003 No 92, Sch 1 [1]. Am 2007 No 38, Sch 2 [14]; 2010 No 40, Sch 3.8 [2]; 2010 No 92, Sch 3.

93FA Possession, supply or making of explosives

(1)  A person who possesses an explosive in a public place is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2)  A person who possesses, supplies or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess, supply or make the explosive for a lawful purpose, is guilty of an offence.

Maximum penalty—Imprisonment for 3 years or 50 penalty units, or both.

(3)    (Repealed)

(4)  A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.

s 93FA: Ins 2004 No 48, Sch 1 [5]. Am 2007 No 57, Sch 3 [2]; 2012 No 42, Sch 1.5.

93FB Possession of dangerous articles other than firearms

(1)  A person who, in a public place, possesses—

(a)  anything (not being a firearm within the meaning of the Firearms Act 1996) capable of discharging by any means—

(i)  any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or

(ii)  any substance capable of causing bodily harm, or

(b)  a fuse capable of use with an explosive or a detonator, or

(c)  a detonator, or

(d)  a distress signal, or distress flare, that operates by emitting a bright light,

is liable, on conviction before the Local Court, to imprisonment for 2 years, or a fine of 50 penalty units, or both.

(2)  A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.

(3)  A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.

(4)  In considering a defence under subsection (3), the court must have regard to its reasonableness in all the circumstances of the case, including—

(a)  the immediacy of the perceived threat to the person charged, and

(b)  the circumstances, such as the time and location, in which the thing was possessed, and

(c)  the type of thing possessed, and

(d)  the age, characteristics and experiences of the person charged.

s 93FB (previously s 545E): Renumbered 2004 No 48, Sch 1 [9]. Am 2007 No 94, Sch 2; 2014 No 59, Sch 1.1 [3].

93G Causing danger with firearm or spear gun

(1)  Any person who—

(a)  possesses a loaded firearm or loaded spear gun—

(i)  in a public place, or

(ii)  in any other place so as to endanger the life of any other person, or

(b)  fires a firearm or spear gun in or near a public place, or

(c)  carries or fires a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person,

is liable to imprisonment for 10 years.

(2)  For the purposes of this section—

(a)  a firearm is to be regarded as being loaded if there is ammunition—

(i)  in its chamber or barrel, or

(ii)  in any magazine or other device which is in such a position that the ammunition can be fitted into its chamber or barrel by operation of some other part of the firearm, and

(b)  a spear gun is to be regarded as being loaded if a spear, or an instrument or thing similar to a spear, is fitted to it.

(3)  A person is not guilty of an offence under this section for possessing or doing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or doing it or possessed it or did it for a lawful purpose.

s 93G: Ins 1946 No 43, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1989 No 27, Sch 1 (3).

93GA Firing at dwelling-houses or buildings

(1)  A person who fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 14 years.

(1A)  A person who, during a public disorder, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 16 years.

(1B)  A person who, in the course of an organised criminal activity, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 16 years.

(2)  In the prosecution of an offence under this section, it is not necessary to prove that a person was actually placed in danger by the firing of the firearm.

(3)  If, on the trial of a person for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 93G or 93H, it may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H, and the accused is liable to punishment accordingly.

(4)  If, on the trial of a person for an offence under subsection (1A) or (1B), the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), it may find the person not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.

s 93GA: Ins 2003 No 92, Sch 1 [2]. Am 2006 No 61, Sch 1 [10]; 2012 No 3, Sch 1 [1] [2].

93H Trespassing with or dangerous use of firearm or spear gun

(1)  A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person—

(a)  is the owner or occupier of the building or land or has the permission of the owner or occupier, or

(b)  does so with a reasonable excuse, or

(c)  does so for a lawful purpose,

is liable to imprisonment for 5 years.

(2)  A person who fires a firearm or spear gun in or into any building or on or on to any land, unless the person—

(a)  is the owner or occupier of the building or land or has the permission of the owner or occupier, or

(b)  does so with a reasonable excuse, or

(c)  does so for a lawful purpose,

is liable to imprisonment for 10 years.

(3)  The onus of proving the matters referred to in subsection (1) (a), (b) and (c) and subsection (2) (a), (b) and (c) lies with the defendant.

s 93H: Ins 1946 No 43, sec 4 (b). Am 1970 No 50, sec 4 (b). Rep 1973 No 38, Sch 2. Ins 1989 No 27, Sch 1 (3). Subst 1992 No 13, Sch 5 (2).

93I Possession of unregistered firearm in public place

(1)  A person who—

(a)  possesses an unregistered firearm in a public place, and

(b)  is not authorised under the Firearms Act 1996 to possess the firearm,

is liable to imprisonment for 10 years.

(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3)  For the purposes of subsection (2), an offence under subsection (1) is committed in circumstances of aggravation if the offence involves the possession—

(a)  of more than one unregistered firearm, or

(b)  of an unregistered firearm that is a pistol, or

(c)  of an unregistered firearm that is a prohibited firearm.

s 93I: Ins 1951 No 31, sec 2 (h) (i). Rep 1973 No 38, Sch 2. Ins 2003 No 92, Sch 1 [3].

Division 2A Knives in public places and schools

pt 3A, div 2A: Ins 2023 No 12, Sch 1.

93IA Definitions

In this division—

blade includes a knife blade and a razor blade.

knife includes a blade, but does not include a knife of a class prescribed by the regulations.

public place has the same meaning as in the Summary Offences Act 1988.

school has the same meaning as in the Summary Offences Act 1988.

s 93IA: Ins 2023 No 12, Sch 1.

93IB Custody of knives in public places or schools

(1)  A person must not have in the person’s custody a knife in a public place or a school.

Maximum penalty—40 penalty units or imprisonment for 4 years, or both.

(2)  It is a defence to an offence under subsection (1) if the accused person proves the person had a reasonable excuse.

(3)  A reasonable excuse includes the person having the knife in the person’s custody—

(a)  because it is reasonably necessary for—

(i)  the lawful pursuit of the person’s occupation, education or training, or

(ii)  the preparation or consumption of food or drink, or

(iii)  participation in a lawful entertainment, recreation or sport, or

(iv)  the exhibition of knives for retail or other trade purposes, or

(v)  an organised exhibition by knife collectors, or

(vi)  the wearing of an official uniform, or

(vii)  genuine religious purposes, or

(b)  because it is reasonably necessary during travel to or from or incidental to an activity referred to in paragraph (a), or

(c)  in circumstances prescribed by the regulations.

(4)  It is not a reasonable excuse for the person to have a knife in the person’s custody—

(a)  for self-defence, or

(b)  for the defence of another person.

s 93IB: Ins 2023 No 12, Sch 1.

93IC Using or carrying knives in public places or schools

(1)  A person must not use a knife, or carry a knife that is visible, if the use or carrying occurs—

(a)  in the presence of a person, and

(b)  in a public place or a school, and

(c)  in a way that is likely to cause a reasonable person to reasonably fear for the person’s safety.

Maximum penalty—100 penalty units or imprisonment for 4 years, or both.

(2)  It is a defence to an offence under subsection (1) if the accused person proves the person had a reasonable excuse.

s 93IC: Ins 2023 No 12, Sch 1.

Division 3 Contamination of goods

pt 3A, div 3, hdg (previously Part 3C, heading): Ins 1997 No 89, Sch 1 [2]. Subst 2007 No 38, Sch 2 [8].

pt 3A, div 3 (previously Part 3C): Ins 1997 No 89, Sch 1 [2]. Renumbered 2007 No 38, Sch 2 [8].

93J Definitions of “contaminate” and “goods”

(1)  In this Division—

contaminate goods includes—

(a)  interfere with the goods, or

(b)  making it appear that the goods have been contaminated or interfered with.

goods includes any substance or article—

(a)  whether or not for human consumption, and

(b)  whether natural or manufactured, and

(c)  whether or not incorporated or mixed with other goods.

(2)  In this Division, a reference to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through—

(a)  members of the public not purchasing or using those goods or similar goods, or

(b)  steps taken to avoid public alarm or anxiety about those goods or similar goods.

s 93J (previously s 93IA): Ins 1997 No 89, Sch 1 [2]. Renumbered 2007 No 38, Sch 2 [9]. Am 2007 No 38, Sch 2 [14].

93K Contaminating goods with intent to cause public alarm or economic loss

A person who contaminates goods with the intention of—

(a)  causing public alarm or anxiety, or

(b)  causing economic loss through public awareness of the contamination,

is liable to imprisonment for 10 years.

s 93K (previously s 93IB): Ins 1997 No 89, Sch 1 [2]. Am 1998 No 54, Sch 2.6 [5]. Renumbered 2007 No 38, Sch 2 [9].

93L Threatening to contaminate goods with intent to cause public alarm or economic loss

(1)  A person who makes a threat that goods will be contaminated with the intention of—

(a)  causing public alarm or anxiety, or

(b)  causing economic loss through public awareness of the contamination,

is liable to imprisonment for 10 years.

(2)  For the purposes of this section, a threat may be made by any act, and may be explicit or implicit and conditional or unconditional.

s 93L: Ins 1997 No 89, Sch 1 [2]. Renumbered 2007 No 38, Sch 2 [9].

93M Making false statements concerning contamination of goods with intent to cause public alarm or economic loss

(1)  A person who makes a statement that the person believes to be false—

(a)  with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated, and

(b)  with the intention of thereby—

(i)  causing public alarm or anxiety, or

(ii)  causing economic loss through public awareness of the contamination,

is liable to imprisonment for 10 years.

(2)  For the purposes of this section, making a statement includes conveying information by any means.

ss 93M (previously ss 93IC, 93ID): Ins 1997 No 89, Sch 1 [2]. Renumbered 2007 No 38, Sch 2 [9].

93N Aggravated circumstances—unwarranted demand

(1)  A person is guilty of an offence against this section if the person commits an offence under section 93K, 93L or 93M in connection with an unwarranted demand by the person. An unwarranted demand is a demand that the person believes he or she does not have any reasonable grounds for making.

(2)  A person convicted of an offence against this section is liable to imprisonment for 14 years.

(3)  If on the trial of a person for an offence against this section the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 93K, 93L or 93M, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

s 93N (previously s 93IE): Ins 1997 No 89, Sch 1 [2]. Renumbered 2007 No 38, Sch 2 [9]. Am 2007 No 38, Sch 2 [15].

93O Aggravated circumstances—death or grievous bodily harm

(1)  A person is guilty of an offence against this section if the person commits an offence against section 93K or 93L and—

(a)  the contamination of the goods causes the death of any person or grievous bodily harm to any person, or

(b)  the person intends by that contamination to cause such death or harm.

(2)  A person convicted of an offence against this section is liable to imprisonment for 25 years.

(3)  If on the trial of a person for an offence against this section the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 93K or 93L, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

s 93O (previously s 93IF): Ins 1997 No 89, Sch 1 [2]. Renumbered 2007 No 38, Sch 2 [9]. Am 2007 No 38, Sch 2 [16].

93P Special provisions relating to geographical application of this Division

(1)  A person commits an offence against a provision of this Division if—

(a)  the person does an act outside the State that constitutes the offence, and

(b)  (apart from this section) the act would have constituted the offence had it been done within this State, and

(c)  the offence involves intending to cause public alarm or anxiety, or economic loss, within the State.

(2)  A person who commits an offence by the operation of this section may be dealt with, and is liable to the same punishment, as if the person had committed the offence within the State.

(3)  If an offence against a provision of this Division involves intending to cause public alarm or anxiety, or economic loss, within the State, a geographical nexus between the State and any other element of the offence is not required.

(4)  The other provisions of this Act, the provisions of other Acts and the common law, in so far as these are applicable, apply to an offence to which this section applies as if it had been committed within the State (for example, section 344A and the rules of law relating to attempts to commit offences apply to such an offence).

(5)  This section is in addition to and does not derogate from any other basis on which the courts of the State may exercise criminal jurisdiction.

s 93P (previously s 93IG): Ins 1997 No 89, Sch 1 [2]. Am 2000 No 43, Sch 1 [5]. Renumbered 2007 No 38, Sch 2 [9]. Am 2007 No 38, Sch 2 [14].

Division 4 Bomb and other hoaxes

pt 3A, div 4, hdg (previously Part 3D, heading): Ins 2001 No 117, Sch 3 [5]. Subst 2007 No 38, Sch 2 [10].

pt 3A, div 4 (previously Part 3D): Ins 2001 No 117, Sch 3 [5]. Renumbered 2007 No 38, Sch 2 [10].

93Q Conveying false information that a person or property is in danger

(1)  A person who conveys information—

(a)  that the person knows to be false or misleading, and

(b)  that is likely to make the person to whom the information is conveyed fear for the safety of a person or of property, or both,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2)  This section extends to conveying information by any means including making a statement, sending a document, or transmitting an electronic or other message.

(3)  In this section, a reference to the safety of a person includes the safety of the person who conveys the information and the person to whom it is conveyed.

s 93Q: Ins 2001 No 117, Sch 3 [5]. Renumbered 2007 No 38, Sch 2 [11].

93R Leaving or sending an article with intent to cause alarm

(1)  A person—

(a)  who leaves in any place, or sends by any means, a substance or article, and

(b)  who intends to induce a false belief that the substance or article is likely to be a danger to the safety of a person or of property, or both,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2)  For the purposes of this section, a false belief that a substance or article is likely to be a danger includes a false belief that the substance or article is likely to explode, ignite, or contain, consist of or discharge a dangerous matter.

ss 93R (previously ss 93IH, 93II): Ins 2001 No 117, Sch 3 [5]. Renumbered 2007 No 38, Sch 2 [11].

Division 5 Criminal groups

pt 3A, div 5, hdg (previously Part 3E, heading): Ins 2006 No 61, Sch 1 [11]. Subst 2007 No 38, Sch 2 [12]; 2012 No 3, Sch 1 [3].

pt 3A, div 5 (previously Part 3E): Ins 2006 No 61, Sch 1 [11]. Renumbered 2007 No 38, Sch 2 [12].

93S Definitions

(1)  In this Division—

criminal group means a group of 3 or more people who have as their objective or one of their objectives—

(a)  obtaining material benefits from conduct that constitutes a serious indictable offence, or

(b)  obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence, or

(c)  committing serious violence offences, or

(d)  engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violence offence.

law enforcement officer has the same meaning as it has in Division 8A of Part 3.

serious violence offence means an offence punishable by imprisonment for life or for a term of 10 years or more, where the conduct constituting the offence involves—

(a)  loss of a person’s life or serious risk of loss of a person’s life, or

(b)  serious injury to a person or serious risk of serious injury to a person, or

(c)  serious damage to property in circumstances endangering the safety of any person, or

(d)  perverting the course of justice (within the meaning of Part 7) in relation to any conduct that, if proved, would constitute a serious violence offence as referred to in paragraph (a), (b) or (c).

(2)  A group of people is capable of being a criminal group for the purposes of this Division whether or not—

(a)  any of them are subordinates or employees of others, or

(b)  only some of the people involved in the group are involved in planning, organising or carrying out any particular activity, or

(c)  its membership changes from time to time.

s 93S (previously s 93IJ): Ins 2006 No 61, Sch 1 [11]. Renumbered 2007 No 38, Sch 2 [13]. Am 2007 No 38, Sch 2 [14].

93T Participation in criminal groups

(1)  A person who participates in a criminal group is guilty of an offence if the person—

(a)  knows, or ought reasonably to know, that it is a criminal group, and

(b)  knows, or ought reasonably to know, that his or her participation in that group contributes to the occurrence of any criminal activity.

Maximum penalty—Imprisonment for 5 years.

(1A)  A person who participates in a criminal group by directing any of the activities of the group is guilty of an offence if the person—

(a)  knows that it is a criminal group, and

(b)  knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.

Maximum penalty—Imprisonment for 10 years.

(2)  A person who assaults another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(3)  A person who destroys or damages property belonging to another person, or threatens to destroy or damage property belonging to another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(4)  A person who assaults a law enforcement officer while in the execution of the officer’s duty, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.

Maximum penalty—Imprisonment for 14 years.

(4A)  A person who participates in a criminal group whose activities are organised and on-going by directing any of the activities of the group is guilty of an offence if the person—

(a)  knows that it is a criminal group, and

(b)  knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.

Maximum penalty—Imprisonment for 15 years.

(5)  For the purposes of this section, an action is taken to be carried out in relation to a law enforcement officer while in the execution of the officer’s duty, even though the law enforcement officer is not on duty at the time, if it is carried out—

(a)  as a consequence of, or in retaliation for, actions undertaken by that law enforcement officer in the execution of the officer’s duty, or

(b)  because the officer is a law enforcement officer.

(6)  To avoid doubt, for the purposes of this section a person may participate in a criminal group whether or not the person is a member of the criminal group.

s 93T (previously s 93IK): Ins 2006 No 61, Sch 1 [11]. Renumbered 2007 No 38, Sch 2 [13]. Am 2012 No 3, Sch 1 [4] [5]; 2019 No 20, Sch 1.6[1].

93TA Receiving material benefit derived from criminal activities of criminal groups

(1)  A person who receives from a criminal group a material benefit that is derived from the criminal activities of the criminal group is guilty of an offence if the person—

(a)  knows that it is a criminal group, and

(b)  knows, or is reckless as to whether, the benefit is derived from criminal activities of the criminal group.

Maximum penalty—Imprisonment for 5 years.

(2)  In this section, a material benefit derived from the criminal activities of a criminal group is a material benefit derived or realised, or substantially derived or realised, directly or indirectly, from the criminal activities of a group.

s 93TA: Ins 2012 No 3, Sch 1 [6].

93U Alternative verdicts

(1)  If, on the trial of a person for an offence under section 93T (1A), (2), (3), (4) or (4A), the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of an offence under section 93T (1), it may find the accused not guilty of the offence charged but guilty of an offence under section 93T (1), and the accused is liable to punishment accordingly.

(2)  If, on the trial of a person for an offence under section 93T (1), (1A) or (4A), the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of an offence under section 93TA, it may find the accused not guilty of the offence charged but guilty of an offence under section 93TA, and the accused is liable to punishment accordingly.

s 93U (previously s 93IL): Ins 2006 No 61, Sch 1 [11]. Renumbered 2007 No 38, Sch 2 [13]. Am 2007 No 38, Sch 2 [17]; 2012 No 3, Sch 1 [7] [8].

Division 6 Unlawful gambling

pt 3A, div 6, hdg: Ins 2007 No 38, Sch 2 [18].

93V Offence of conducting unlawful gambling operation

(1)  A person who conducts an unlawful gambling operation is guilty of an offence.

Maximum penalty—1,000 penalty units or imprisonment for 7 years (or both).

(2)  For the purposes of subsection (1), an unlawful gambling operation means an operation involving at least 2 of the following elements (one of which must be paragraph (d))—

(a)  the keeping of at least 2 premises (whether or not either or both are gambling premises) that are used for the purposes of any form of gambling that is prohibited by or under the Unlawful Gambling Act 1998,

(b)  substantial planning and organisation in relation to matters connected with any such form of prohibited gambling (as evidenced by matters such as the number of persons, and the amount of money and gambling turnover, involved in the operation),

(c)  the use of sophisticated methods and technology (for example, telephone diverters, telecommunication devices, surveillance cameras and encrypted software programs) in connection with any such form of prohibited gambling or in avoiding detection of that gambling,

(d)  a substantial loss of potential revenue to the State that would be derived from lawful forms of gambling.

(3)  In any proceedings for an offence under this section, evidence that persons have been in regular attendance at premises suspected of being used for the purposes of any form of gambling that is prohibited by or under the Unlawful Gambling Act 1998 is relevant to the matters referred to in subsection (2) (a) or (b).

(4)  In this section—

conduct includes organise or manage.

gambling premises has the same meaning as in the Unlawful Gambling Act 1998.

s 93V (previously s 344): Renumbered 2007 No 38, Sch 2 [19].

Division 7 Consorting

pt 3A, div 7: Ins 2012 No 3, Sch 1 [9].

93W Definitions

(1)  In this Division—

consort means consort in person or by any other means, including by electronic or other form of communication.

convicted offender means a person who has been convicted of an indictable offence (disregarding any offence under section 93X).

(2)  For the purposes of this Division, an indictable offence includes an offence committed in another jurisdiction that would be an indictable offence if committed in this jurisdiction.

s 93W: Ins 2012 No 3, Sch 1 [9]. Am 2018 No 50, Sch 1 [1].

93X Consorting

(1)  A person (other than a person under the age of 14 years) who—

(a)  habitually consorts with convicted offenders, and

(b)  consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,

is guilty of an offence.

Maximum penalty—Imprisonment for 3 years, or a fine of 150 penalty units, or both.

(2)  A person does not habitually consort with convicted offenders unless—

(a)  the person consorts with at least 2 convicted offenders (whether on the same or separate occasions), and

(b)  the person consorts with each convicted offender on at least 2 occasions.

(3)  An official warning is a warning given by a police officer (orally or in writing) to the effect that—

(a)  a certain person is a convicted offender, and

(b)  habitually consorting with convicted offenders is an offence.

(4)  An official warning ceases to have effect for the purposes of subsection (1)—

(a)  if the warning is given to a person under the age of 18 years—6 months after the warning is given, or

(b)  in any other case—2 years after the warning is given.

s 93X: Ins 2012 No 3, Sch 1 [9]. Am 2018 No 50, Sch 1 [2] [3].

93Y Defence

(1)  The following forms of consorting are to be disregarded for the purposes of section 93X if the defendant satisfies the court that the consorting was reasonable in the circumstances—

(a)  consorting with family members,

(b)  consorting that occurs in the course of lawful employment or the lawful operation of a business,

(c)  consorting that occurs in the course of training or education,

(d)  consorting that occurs in the course of the provision of a health service or welfare service,

(e)  consorting that occurs in the course of the provision of legal advice,

(f)  consorting that occurs in lawful custody or in the course of complying with a court order,

(g)  consorting that occurs in the course of complying with—

(i)  an order granted by the Parole Authority, or

(ii)  a case plan, direction or recommendation by a member of staff of Corrective Services NSW,

(h)  consorting that occurs in the course of providing transitional, crisis or emergency accommodation.

(2)  In this section—

family member includes, for a defendant who is an Aboriginal person or a Torres Strait Islander, a person who is or has been part of the extended family or kin of the defendant according to the indigenous kinship system of the defendant’s culture.

health service means—

(a)  medical (including psychological), hospital, ambulance, paramedical, dental, community health or environmental health service, or

(b)  another service—

(i)  relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons (whether provided as a public or private service), and

(ii)  that is of a class or description prescribed by the regulations.

Parole Authority means the State Parole Authority constituted by section 183 of the Crimes (Administration of Sentences) Act 1999.

welfare service means a service (whether provided as a public or private service) relating to the provision of—

(a)  housing, employment benefits, rental assistance or other financial assistance or family support, or

(b)  another community welfare service necessary for the promotion, protection, development and maintenance of the well-being of persons, including any rehabilitation, counselling, drug or alcohol service.

s 93Y: Ins 2012 No 3, Sch 1 [9]. Am 2018 No 50, Sch 1 [4]–[6].

Division 8 Public threats or incitement of violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status

pt 3A, div 8: Ins 2018 No 32, Sch 1.

93Z Offence of publicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status

(1)  A person who, by a public act, intentionally or recklessly threatens or incites violence towards another person or a group of persons on any of the following grounds is guilty of an offence—

(a)  the race of the other person or one or more of the members of the group,

(b)  that the other person has, or one or more of the members of the group have, a specific religious belief or affiliation,

(c)  the sexual orientation of the other person or one or more of the members of the group,

(d)  the gender identity of the other person or one or more of the members of the group,

(e)  that the other person is, or one or more of the members of the group are, of intersex status,

(f)  that the other person has, or one or more of the members of the group have, HIV or AIDS.

Maximum penalty—

(a)  in the case of an individual—100 penalty units or imprisonment for 3 years (or both), or

(b)  in the case of a corporation—500 penalty units.

(2)  In determining whether an alleged offender has committed an offence against this section, it is irrelevant whether the alleged offender’s assumptions or beliefs about an attribute of another person or a member of a group of persons referred to in subsection (1) (a)–(f) were correct or incorrect at the time that the offence is alleged to have been committed.

(3)  In determining whether an alleged offender has committed an offence against this section of intentionally or recklessly inciting violence, it is irrelevant whether or not, in response to the alleged offender’s public act, any person formed a state of mind or carried out any act of violence.

(4)  A prosecution for an offence against this section may be commenced only by—

(a)  the Director of Public Prosecutions, or

(b)  a police officer.

(5)  In this section—

gender identity means the gender related identity, appearance or mannerisms or other gender related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.

intersex status means the status of having physical, hormonal or genetic features that are—

(a)  neither wholly female nor wholly male, or

(b)  a combination of female and male, or

(c)  neither female nor male.

public act includes—

(a)  any form of communication (including speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods) to the public, and

(b)  any conduct (including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia) observable by the public, and

(c)  the distribution or dissemination of any matter to the public.

For the avoidance of doubt, an act may be a public act even if it occurs on private land.

race includes colour, nationality, descent and ethnic, ethno-religious or national origin.

religious belief or affiliation means holding or not holding a religious belief or view.

sexual orientation means a person’s sexual orientation towards—

(a)  persons of the same sex, or

(b)  persons of a different sex, or

(c)  persons of the same sex and persons of a different sex.

violence includes violent conduct and violence towards a person or a group of persons includes violence towards property of the person or a member of the group, respectively.

s 93Z: Ins 2018 No 32, Sch 1. Am 2023 No 47, Sch 1[1].

Division 9 Display of Nazi symbols

pt 3A, div 9: Ins 2022 No 37, Sch 1[1].

93ZA Offence of displaying Nazi symbols

(1)  A person who knowingly displays, by public act and without reasonable excuse, a Nazi symbol commits an offence.

Maximum penalty—

(a)  for an individual—100 penalty units or imprisonment for 12 months, or both, or

(b)  for a corporation—500 penalty units.

(2)  For subsection (1), the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol.

(3)  Also, without limiting subsection (1), a reasonable excuse includes the display of a Nazi symbol done reasonably and in good faith—

(a)  for an academic, artistic or educational purpose, or

(b)  for another purpose in the public interest.

(4)  In this section—

public act has the same meaning as in section 93Z.

s 93ZA: Ins 2022 No 37, Sch 1[1].

Part 4 Stealing and similar offences

pt 4, hdg: Subst 2009 No 99, Sch 2 [2].

Division 1 General

pt 4, div 1, hdg: Rep 2009 No 99, Sch 2 [3].

pt 4, div 1, hdg (previously Part 4, Div 1, sdiv 1, heading): Ins 2000 No 53, Sch 3.3 [19]. Renumbered 2009 No 99, Sch 2 [4].

94AA Property previously stolen

s 94AA (previously s 93J), subhdg: Ins 1974 No 50, sec 6 (a).

Where on the trial of a person for any offence which includes the stealing of any property it appears that the property was, at the time when it was taken by the accused, already out of the possession of the owner by reason of its having been previously stolen, the accused may be convicted of the offence charged notwithstanding that it is not proved that the taking by him or her amounted to an interference with the right to possession of, or a trespass against, the owner.

s 94AA (previously s 93J): Ins 1974 No 50, sec 6 (a). Renumbered 2007 No 38, Sch 2 [20].

Division 2 Robbery

pt 4, div 2, hdg (previously Part 4, Div 1, sdiv 2, heading): Ins 2000 No 53, Sch 3.3 [20]. Renumbered 2009 No 99, Sch 2 [4].

94 Robbery or stealing from the person

Whosoever—

(a)  robs or assaults with intent to rob any person, or

(b)  steals any chattel, money, or valuable security from the person of another,

shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years.

s 94: Am 1966 No 48, sec 2 (a); 2018 No 4, Sch 1.4 [3] [4].

95 Same in circumstances of aggravation

(1)  Whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years.

(2)  In this section, circumstances of aggravation means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following—

(a)  the alleged offender uses corporal violence on any person,

(b)  the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,

(c)  the alleged offender deprives any person of his or her liberty.

s 95: Am 1966 No 48, sec 2 (b); 1994 No 84, Sch 1 (3); 2007 No 38, Sch 1 [3].

96 Same (robbery) with wounding

Whosoever commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person, shall be liable to imprisonment for 25 years.

s 96: Am 1951 No 31, Sch; 1989 No 218, Sch 1 (18); 1994 No 84, Sch 1 (4).

97 Robbery etc or stopping a mail, being armed or in company

(1)  Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person,

robs, or assaults with intent to rob, any person, or

stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same,

shall be liable to imprisonment for twenty years.

(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) when armed with a dangerous weapon. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

(3) Alternative verdict If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

s 97: Am 1966 No 48, sec 2 (c); 1994 No 84, Sch 1 (5).

98 Robbery with arms etc and wounding

Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds, or inflicts grievous bodily harm upon, such person, shall be liable to imprisonment for 25 years.

s 98: Am 1989 No 218, Sch 1 (19); 1994 No 84, Sch 1 (6).

Division 3 Demanding property with intent to steal

pt 4, div 3, hdg (previously Part 4, Div 1, sdiv 3, heading): Ins 2000 No 53, Sch 3.3 [21]. Subst 2007 No 38, Sch 1 [14]. Renumbered 2009 No 99, Sch 2 [4].

99 Demanding property with intent to steal

(1)  Whosoever, with menaces, or by force, demands any property from any person, with intent to steal the same, shall be liable to imprisonment for ten years.

(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3)  It is immaterial whether any such menace is of violence or injury by the offender or by any other person.

s 99: Am 1974 No 50, sec 6 (b); 2001 No 84, Sch 1 [7]; 2007 No 38, Sch 1 [15].

100–105 (Repealed)

s 100: Rep 2007 No 38, Sch 1 [16].

s 100A: Ins 1974 No 18, Sch 1. Rep 2007 No 38, Sch 1 [16].

s 101: Am 1951 No 31, Sch; 1999 No 94, Sch 3 [28]. Rep 2007 No 38, Sch 1 [16].

s 102: Am 1951 No 31, Sch. Rep 2007 No 38, Sch 1 [16].

s 103: Am 1951 No 31, Sch. Rep 2007 No 38, Sch 1 [16].

s 104: Am 1951 No 31, Sch; 1985 No 231, Sch 31. Rep 2007 No 38, Sch 1 [16].

s 105: Am 1951 No 31, Sch. Rep 2007 No 38, Sch 1 [16].

Division 4 Sacrilege and housebreaking

pt 4, div 4, hdg (previously Part 4, Div 1, sdiv 4, heading): Ins 2000 No 53, Sch 3.3 [22]. Renumbered 2009 No 99, Sch 2 [4].

105A Definitions

(1)  In sections 106–115A—

building includes any place of Divine worship.

circumstances of aggravation means circumstances involving any one or more of the following—

(a)  the alleged offender is armed with an offensive weapon, or instrument,

(b)  the alleged offender is in the company of another person or persons,

(c)  the alleged offender uses corporal violence on any person,

(d)  the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,

(e)  the alleged offender deprives any person of his or her liberty,

(f)  the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

circumstances of special aggravation means circumstances involving any or all of the following—

(a)  the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,

(b)  the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,

(c)  the alleged offender is armed with a dangerous weapon.

(2)  The matters referred to in—

(a)  paragraph (c), (d) or (e) of the definition of circumstances of aggravation, or

(b)  paragraph (a) or (b) of the definition of circumstances of special aggravation,

can occur immediately before, or at the time of, or immediately after any of the elements of the offence concerned occurred.

(2A)  For the purposes of paragraph (f) of the definition of circumstances of aggravation, if there was a person, or there were persons, in the place in relation to which an offence is alleged to have been committed at the time it was committed, the defendant is presumed to have known that fact unless the defendant satisfies the court that he or she had reasonable grounds for believing that there was no one in the place.

(3)  The definitions in subsection (1) are not mutually exclusive.

s 105A: Ins 1994 No 84, Sch 1 (7). Am 1995 No 23, Sch 1.2 [6] [7]; 2007 No 38, Sch 1 [3] [17]; 2012 No 41, Sch 1 [5] [6].

106–108 (Repealed)

s 106, subhdg: Am 1974 No 50, sec 6 (c).

s 106: Am 1966 No 48, sec 2 (d); 1994 No 84, Sch 1 (8); 1999 No 94, Sch 3 [29]. Rep 2007 No 38, Sch 1 [18].

s 107: Am 1966 No 48, sec 2 (e); 1994 No 84, Sch 1 (9); 1999 No 94, Sch 3 [28]. Rep 2007 No 38, Sch 1 [18].

s 108: Am 1966 No 48, sec 2 (f). Rep 1974 No 50, sec 6 (d).

109 Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence

(1)  Whosoever—

enters the dwelling-house of another, with intent to commit a serious indictable offence therein, or,

being in such dwelling-house commits any serious indictable offence therein,

and in either case breaks out of the said dwelling-house shall be liable to imprisonment for fourteen years.

(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

s 109: Am 1966 No 48, sec 2 (g); 1974 No 50, sec 6 (e); 1994 No 84, Sch 1 (10); 1999 No 94, Sch 3 [30] [31].

110 Breaking, entering and assaulting with intent to murder etc

Whosoever breaks and enters any dwelling-house, or any building appurtenant thereto, and while therein or on premises occupied therewith assaults with intent to murder any person, or inflicts grievous bodily harm upon any person, shall be liable to imprisonment for 25 years.

s 110: Am 1955 No 16, sec 5 (g); 1989 No 218, Sch 1 (20).

111 Entering dwelling-house

(1)  Whosoever enters any dwelling-house, with intent to commit a serious indictable offence therein, shall be liable to imprisonment for ten years.

(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

s 111: Am 1966 No 48, sec 2 (h); 1994 No 84, Sch 1 (11); 1999 No 94, Sch 3 [28].

112 Breaking etc into any house etc and committing serious indictable offence

(1)  A person who—

(a)  breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or

(b)  being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building,

is guilty of an offence and liable to imprisonment for 14 years.

(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

s 112: Am 1924 No 10, sec 9 (a); 1966 No 48, sec 2 (i); 1994 No 84, Sch 1 (12); 1999 No 94, Sch 3 [29]; 2007 No 38, Sch 1 [19].

113 Breaking etc into any house etc with intent to commit serious indictable offence

(1)  A person who breaks and enters any dwelling-house or other building with intent to commit any serious indictable offence therein is guilty of an offence and liable to imprisonment for 10 years.

(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

s 113: Am 1924 No 10, sec 9 (a); 1966 No 48, sec 2 (j); 1994 No 84, Sch 1 (13); 1999 No 94, Sch 3 [28]; 2007 No 38, Sch 1 [20].

114 Being armed with intent to commit indictable offence

(1)  Any person who—

(a)  is armed with any weapon, or instrument, with intent to commit an indictable offence,

(b)  has in his or her possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance,

(c)  has his or her face blackened or otherwise disguised, or has in his or her possession the means of blacking or otherwise disguising his or her face, with intent to commit an indictable offence,

(d)  enters or remains in or upon any part of a building or any land occupied or used in connection therewith with intent to commit an indictable offence in or upon the building,

shall be liable to imprisonment for seven years.

(2)  For the purposes of subsection (1) (b) conveyance means any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, or any ship, or vessel, used in or intended for navigation, and drive shall be construed accordingly.

s 114: Am 1924 No 10, sec 9 (b); 1966 No 48, sec 2 (k). Subst 1974 No 50, sec 6 (f). Am 1979 No 72, Sch 3; 1999 No 94, Sch 3 [32] [33]; 2000 No 53, Sch 3.3 [23]; 2006 No 26, Sch 1 [2].

115 Being convicted offender armed with intent to commit indictable offence

Whosoever, having been convicted of any indictable offence, afterwards commits any offence mentioned in section 114, shall be liable to imprisonment for ten years.

s 115: Am 1951 No 31, Sch; 1966 No 48, sec 2 (l); 1999 No 94, Sch 3 [34].

115A Alternative verdicts

(1) Aggravated offence reduced to basic offence If on the trial of a person for an offence under section 106 (2), 107 (2), 109 (2), 111 (2), 112 (2) or 113 (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (1), 107 (1), 109 (1), 111 (1), 112 (1) or 113 (1) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(2) Specially aggravated offence reduced to aggravated offence If on the trial of a person for an offence under section 106 (3), 107 (3), 109 (3), 111 (3), 112 (3) or 113 (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (2), 107 (2), 109 (2), 111 (2), 112 (2) or 113 (2) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

(3) Specially aggravated offence reduced to basic offence If on the trial of a person for an offence under section 106 (3), 107 (3), 109 (3), 111 (3), 112 (3) or 113 (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (1), 107 (1), 109 (1), 111 (1), 112 (1) or 113 (1) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly. This subsection does not apply to an offence if the jury proceeds under subsection (2) in relation to it.

s 115A: Ins 1994 No 84, Sch 1 (14).

Division 5 Larceny

pt 4, div 5, hdg (previously Part 4, Div 1, sdiv 5, heading): Ins 2000 No 53, Sch 3.3 [24]. Renumbered 2009 No 99, Sch 2 [4].

116 All larcenies to be of same nature

Every larceny, whatever the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects, as grand larceny was before the passing of the Act seventh and eighth George the Fourth, chapter twenty-nine.

117 Punishment for larceny

s 117, subhdg: Am 1974 No 50, sec 6 (g).

Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.

s 117: Am 1974 No 50, sec 6 (h); 1999 No 94, Sch 3 [35].

118 Intent to return property no defence

Where, on the trial of a person for larceny, it appears that the accused appropriated the property in question to the accused’s own use, or for the accused’s own benefit, or that of another, but intended eventually to restore the same, or in the case of money to return an equivalent amount, such person shall not by reason only thereof be entitled to acquittal.

119 Verdict where several takings proved

Where, on the trial of a person for larceny, it appears that the property alleged in any count to have been stolen at one time, was taken at different times, the prosecutor shall not be required to elect upon which taking the prosecutor will proceed, unless the Judge so orders—

Provided always that evidence shall not in any such case be given of any taking which occurred more than six months in point of time from any other of such takings.

s 119: Am 1929 No 2, sec 5.

120 Trial for larceny—verdict of embezzlement etc

Where, on the trial of a person for larceny, it appears that the person took the property in such manner as to amount in law to the offence of embezzlement or fraudulent misappropriation, or the fraudulent application, or disposition, of property as a clerk, or servant, or person employed in the Public Service, or of obtaining property by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, the jury may acquit the person of the larceny charged, and find the person guilty of such other offence, and the person shall be liable to punishment accordingly.

s 120: Am 1929 No 2, sec 6; 1974 No 50, sec 6 (i).

121 Verdict of “larceny or receiving”

Where, on the trial of a person charged with larceny, or any offence which includes larceny, and, also, with having unlawfully received the property charged to have been stolen, knowing it to have been stolen, the jury find specially that the person either stole, or unlawfully received, such property, and that they are unable to say which of those offences was committed by the person, such person shall not by reason thereof be entitled to acquittal, but shall be liable to be sentenced for the larceny, or for the unlawful receiving, whichever of the two offences is subject to the lesser punishment.

s 121: Am 1999 No 94, Sch 3 [21].

122 Verdict where persons indicted for joint larceny or receiving

On the trial of any two, or more, persons charged with larceny, and also with having unlawfully received property, the jury may find all, or any, of such persons guilty, either of stealing, or unlawfully receiving, the property, or part or parts thereof, or may find one, or more, of the said persons guilty of stealing, and the other, or others, of them guilty of unlawfully receiving the property, or part or parts thereof.

s 122: Am 1999 No 94, Sch 3 [21].

123 Verdict of minor indictable offence

Where, on the trial of a person for larceny, it appears that the property in question was taken, appropriated, or retained, under circumstances amounting to a minor indictable offence, the jury may acquit the person of the offence charged and find the person guilty of the minor indictable offence, and the person shall be liable to punishment accordingly.

s 123: Am 1999 No 94, Sch 3 [36] [37].

124 Fraudulent appropriation

Where, upon the trial of a person for larceny, it appears—

(a)  that the person had fraudulently appropriated to his or her own use or that of another, the property in respect of which the person is indicted, although the person had not originally taken the property with any fraudulent intent, or

(b)  that the person had fraudulently retained the property in order to secure a reward for its restoration,

the jury may return a verdict accordingly, and thereupon the person shall be liable to imprisonment for two years, or to a fine of 20 penalty units, or both.

s 124: Subst 1924 No 10, sec 9. Am 1974 No 50, sec 6 (j); 1992 No 112, Sch 1.

125 Larceny by bailee

Whosoever, being a bailee of any property, fraudulently takes, or converts, the same, or any part thereof, or any property into or for which it has been converted, or exchanged, to his or her own use, or the use of any person other than the owner thereof, although he or she does not break bulk, or otherwise determine the bailment, shall be deemed to be guilty of larceny and liable to be indicted for that offence.

The accused shall be taken to be a bailee within the meaning of this section, although he or she may not have contracted to restore, or deliver, the specific property received by him or her, or may only have contracted to restore, or deliver, the property specifically.

s 125: Am 1974 No 50, sec 6 (k); 1987 No 48, Sch 4 (4).

126 Stealing cattle or killing with intent to steal

Whosoever—

steals any cattle, or

wilfully kills any cattle with intent to steal the carcass, or skin, or other part, of the cattle so killed,

shall be liable to imprisonment for fourteen years.

s 126: Am 1974 No 50, sec 6 (l).

127 Stealing or killing cattle—uncertainty as to sex or age not to entitle to acquittal

Where, on the trial of a person for an offence under section 126 it appears that the person stole, or killed, an animal of the species described in the indictment, but it is uncertain on the evidence what was its sex, or age, such person shall not be entitled to acquittal by reason only of such uncertainty.

s 127: Am 1951 No 31, Sch.

128 Trial for stealing cattle—verdict of stealing skins

Where, on the trial of a person for stealing cattle, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of stealing the carcass, or skin, or part, of such cattle, or of killing the said cattle within section 126, they may acquit the person of the offence charged, and find the person guilty of such last-mentioned stealing, or killing, and the person shall be liable to punishment accordingly.

129 Trial for killing cattle—verdict of stealing

Where, on the trial of a person for the offence of killing cattle within the meaning of section 126, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of stealing such cattle, they may acquit the person of the offence charged, and find the person guilty of such stealing, and the person shall be liable to punishment accordingly.

130 Trial for stealing cattle—verdict of misdemeanour

Where, on the trial of a person for stealing cattle, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of an offence within section 131, they may acquit the person of the offence charged, and find the person guilty of an offence under the said last mentioned section, and the person shall be liable to punishment accordingly.

s 130: Am 1951 No 31, Sch.

131 Unlawfully using etc another person’s cattle

Whosoever—

takes and works, or otherwise uses, or takes for the purpose of working, or using, any cattle the property of another person without the consent of the owner, or person in lawful possession thereof, or

takes any such cattle for the purpose of secreting the same, or obtaining a reward for the restoration or pretended finding thereof, or for any other fraudulent purpose, or

fraudulently brands, or ear-marks, or defaces, or alters, the brands or ear-marks of any cattle the property of another person,

shall be liable to imprisonment for three years.

132 Stealing dogs

Whosoever, having been summarily convicted under this or any former Act, of any such offence as is hereinafter in this section mentioned, afterwards,

steals any dog, or

has unlawfully in his or her possession any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen,

shall be liable to imprisonment for one year.

133 Taking money to restore dogs

Whosoever corruptly takes any money or reward, directly or indirectly, under pretence, or upon account, of aiding any person to recover any dog which has been stolen, or which is in the possession of any person other than its owner, shall be liable to imprisonment for one year.

134 Stealing, destroying etc valuable security

Whosoever steals, embezzles, or for any fraudulent purpose destroys, cancels, obliterates, or conceals, the whole or any part of any valuable security, shall be liable, as if he or she had stolen a chattel, to be punished as for larceny.

s 134: Am 1974 No 50, sec 6 (m).

135 Stealing, destroying etc wills or codicils

Whosoever steals, or, for any fraudulent purpose destroys, cancels, obliterates, or conceals, the whole or any part of any will, codicil, or other testamentary instrument, either during the life of the testator, or after the testator’s death, or whether the same relates to real, or personal estate, or to both, shall be liable to imprisonment for seven years.

136 Proviso to sections 134 and 135

No person shall be convicted under section 134 or section 135 in respect of any act done by the person, if, before being charged with the offence, the person first disclosed such act on oath, under compulsory process, in a proceeding instituted in good faith by a party aggrieved, or under compulsory examination in some matter in bankruptcy, or insolvency, or under compulsory examination in some matter in the liquidation of a corporation.

s 136: Am 1951 No 31, Sch; 1974 No 50, sec 6 (n).

137 Civil remedies not affected by conviction

(1)  Nothing in section 134 or in section 135, nor any proceeding, conviction, or judgment thereupon, shall affect any remedy at law, or in equity, which any party aggrieved would have had if this Act had not been passed.

(2)  No evidence of the conviction of any person under either of the said sections shall be admissible in any action, or suit, against the person.

s 137: Am 1951 No 31, Sch.

138 Stealing, destroying etc records etc of any court or public office

Whosoever steals, or for any fraudulent purpose, takes from its place of deposit, for the time being, or from any person having the lawful custody thereof, or unlawfully and intentionally or recklessly cancels, obliterates, injures, or destroys, the whole or any part, of any record, document, or writing, of, or belonging to, any Court, or relating to any matter or cause, civil or criminal, pending, or terminated, in any Court, or relating to the business of any office or employment under Her Majesty, and being in any public office, shall be liable to imprisonment for seven years.

s 138: Am 2007 No 38, Sch 1 [3].

139 Stealing etc metal, glass, wood etc fixed to house or land

Whosoever steals, or rips, cuts, severs, or breaks with intent to steal, any glass, or woodwork, belonging to any building, or any metal, or any utensil, or fixture, whether made of metal or other material, or of both respectively, fixed in, or to, any building, or anything made of metal, fixed in any land being private property, or used as a fence to any dwelling-house, garden, or area, or being in any square, or street, or in, or on, any place dedicated to public use or ornament, or in any burial-ground, shall be liable to be punished as for larceny.

s 139: Am 1974 No 50, sec 6 (o); 1980 No 53, Sch 2 (3).

140 Stealing etc trees etc in pleasure-grounds etc

Whosoever—

steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood, growing in any park, pleasure-ground, garden, orchard, or avenue, or in any ground belonging to any dwelling-house, where the value of the article stolen, or the amount of injury done, exceeds two dollars, or

steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood respectively growing elsewhere than in any situation beforementioned, where the value of the article stolen, or the amount of injury done, exceeds ten dollars,

shall be liable to be punished as for larceny.

s 140: Am 1974 No 50, sec 6 (p).

141–147 (Repealed)

ss 141–143: Rep 1951 No 31, sec 2 (i).

s 144, hdg: Rep 1996 No 137, Sch 2.3 [2].

s 144: Am 1974 No 50, sec 6 (q). Rep 1996 No 137, Sch 2.3 [2].

s 145: Rep 1996 No 137, Sch 2.3 [2].

s 146: Rep 1996 No 137, Sch 2.3 [2].

s 147: Am 1974 No 50, sec 6 (r). Rep 1996 No 137, Sch 2.3 [2].

148 Stealing property in a dwelling-house

Whosoever steals in a dwelling-house any property shall be liable to imprisonment for seven years.

s 148: Am 1985 No 9, Sch 1 (1).

149 The same with menaces

Whosoever steals any property in a dwelling-house, and uses thereafter any menace or threat to any person therein, shall be liable to imprisonment for fourteen years.

150 Stealing goods in process of manufacture

Whosoever steals, to the value of one dollar, any goods, article, or material, while anywhere placed, or exposed, during the process or progress of manufacture, shall be liable to imprisonment for a term not exceeding three years.

151 Selling etc materials to be manufactured

Whosoever, being, for the purpose of manufacture, or any special purpose connected with manufacture, employed to make, prepare, or work up, any goods, article, or material, or being for any such purpose entrusted with any such goods, article, or material, or with any tools, or apparatus, sells, pawns, purloins, secretes, embezzles, exchanges, or otherwise fraudulently disposes of the same, or any part thereof, shall be liable to imprisonment for four years.

152 Stealing from ship in port or on wharfs etc

Whosoever—

steals any property in any vessel, barge, or boat, while in any haven, or port, or upon any navigable river, or canal, or in any creek, or basin, belonging to, or communicating with, any such haven, port, river, or canal, or

steals any property from any dock, wharf, or quay,

shall be liable to imprisonment for seven years.

153 Stealing from ship in distress or wrecked

Whosoever steals, or plunders, any part of any vessel in distress, or wrecked, stranded, or cast on shore, or any property of any kind to the value of two dollars belonging to such vessel, shall be liable to imprisonment for ten years.

s 153: Am 1974 No 50, sec 6 (s).

154 Tenants etc stealing articles let to hire

Whosoever, being the tenant, or occupier, of any house, building, or lodging, steals any chattel, or fixture let to be used therewith, whether the contract was entered into by the accused, or by any person on his or her behalf, shall be liable to be punished as for larceny.

s 154: Am 1974 No 50, sec 6 (t).

154A Taking a conveyance without consent of owner

s 154A, hdg: Ins 1924 No 10, sec 9.

(1)  Any person who—

(a)  without having the consent of the owner or person in lawful possession of a conveyance, takes and drives it, or takes it for the purpose of driving it, or secreting it, or obtaining a reward for its restoration or pretended restoration, or for any other fraudulent purpose, or

(b)  knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it,

shall be deemed to be guilty of larceny and liable to be indicted for that offence.

(2)  For the purposes of this section conveyance means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation, and drive shall be construed accordingly.

s 154A: Ins 1924 No 10, sec 9. Am 1951 No 31, sec 2 (j), Sch; 1955 No 16, sec 6 (b); 1967 No 77, sec 2 (d). Subst 1974 No 50, sec 6 (u). Am 1980 No 53, Sch 1 (3); 2006 No 26, Sch 1 [3]; 2008 No 107, Sch 5 [1].

154AA (Repealed)

s 154AA: Ins 1988 No 81, Sch 3 (2). Am 1997 No 115, Sch 4.4 [3]; 1999 No 19, Sch 2.6 [5]; 2001 No 84, Sch 1 [8] [9]; 2005 No 11, Sch 3.5 [3]. Rep 2006 No 26, Sch 1 [4].

154B Stealing aircraft and unlawfully taking or exercising control of aircraft

s 154B, hdg: Ins 1967 No 77, sec 2 (e).

(1)  Whosoever steals any aircraft shall be liable to imprisonment for ten years.

(2)  Whosoever without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for seven years.

(3)  Whosoever without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for fourteen years.

(4)  Whosoever without lawful excuse, by force or violence or threat of force or violence, or by any trick or false pretence, takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for twenty years.

s 154B: Ins 1924 No 10, sec 9. Am 1951 No 31, Sch. Rep 1955 No 16, sec 6 (c). Ins 1967 No 77, sec 2 (e).

154C Taking motor vehicle or vessel with assault or with occupant on board

s 154C, hdg: Ins 1929 No 26, sec 2. Rep 1991 No 63, Sch 2.

(1)  A person who—

(a)  assaults another person with intent to take a motor vehicle or vessel and, without having the consent of the owner or person in lawful possession of it, takes and drives it, or takes it for the purpose of driving it, or

(b)  without having the consent of the owner or person in lawful possession of a motor vehicle or vessel, takes and drives it, or takes it for the purpose of driving it, when a person is in or on it,

is liable to imprisonment for 10 years.

(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3)  In this section—

circumstances of aggravation means circumstances involving any one or more of the following—

(a)  the alleged offender is in the company of another person or persons,

(b)  the alleged offender is armed with an offensive weapon or instrument,

(c)  the alleged offender intentionally or recklessly inflicts actual bodily harm on any person.

drive includes operate.

motor vehicle means a motor vehicle within the meaning of the Road Transport Act 2013.

vessel means a vessel within the meaning of the Marine Safety Act 1998.

s 154C: Ins 1929 No 26, sec 2. Am 1974 No 50, sec 6 (v). Rep 1991 No 63, Sch 2. Ins 2001 No 84, Sch 1 [10]. Am 2005 No 11, Sch 3.5 [4]; 2006 No 26, Sch 1 [5] [6]; 2007 No 38, Sch 1 [3]; 2013 No 19, Sch 4.8 [8].

154D Stealing firearms

(1)  A person who steals a firearm is liable to imprisonment for 14 years.

(2)  In this section—

firearm has the same meaning as in the Firearms Act 1996, and includes an imitation firearm within the meaning of that Act.

s 154D: Ins 2003 No 92, Sch 1 [4]. Am 2010 No 40, Sch 3.8 [3].

Division 5A Offences relating to theft of motor vehicles, vessels and trailers

pt 4, div 5A, hdg: Subst 2019 No 20, Sch 1.6[2].

pt 4, div 5A (previously Part 4, Div 1, sdiv 5A): Ins 2006 No 26, Sch 1 [7]. Renumbered 2009 No 99, Sch 2 [4].

154E Definitions

(1)  In this Division—

interfere with a thing includes alter, deface, remove, obliterate, conceal or add anything to the thing.

motor vehicle means—

(a)  a motor vehicle within the meaning of the Road Transport Act 2013 (whether or not the vehicle contains the motor intended to form part of it), or

(b)  a motor intended to form part of, or capable of forming part of, any such motor vehicle, or

(c)  any part of any such motor vehicle containing, or consisting of, an identification plate for a vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal.

trailer has the same meaning as in the Road Transport Act 2013.

unique identifier means any numbers, letters, symbols or other identification information—

(a)  marked on or attached to a motor vehicle or vessel, or a part of a motor vehicle or vessel, or

(b)  marked on a thing that is designed to be attached to a motor vehicle or vessel, or a part of the motor vehicle or vessel, or

(c)  stored in electronic form in a part of a motor vehicle or vessel,

for the primary purpose of—

(d)  enabling a particular motor vehicle, vessel or part to be distinguished from all other motor vehicles, vessels or parts (including by enabling a part to be identified as a part of a particular motor vehicle or vessel), or

(e)  identifying different motor vehicle or vessel production batches (including by enabling a part to be identified as a part of a motor vehicle or vessel of a particular production batch).

vessel means a vessel within the meaning of the Marine Safety Act 1998.

(2)  For the purposes of this Division, a part of a motor vehicle or vessel includes a thing (such as a key) manufactured in connection with the motor vehicle or vessel that enables the operation of the motor vehicle or vessel or prevents the unauthorised operation of the motor vehicle or vessel.

s 154E: Ins 2006 No 26, Sch 1 [7]. Am 2009 No 99, Sch 2 [5]; 2013 No 19, Sch 4.8 [9]; 2019 No 20, Sch 1.6[3]; 2021 No 22, Sch 5.1[1].

154F Stealing motor vehicle, vessel or trailer

A person who steals a motor vehicle, vessel or trailer is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

s 154F: Ins 2006 No 26, Sch 1 [7]. Am 2019 No 20, Sch 1.6[4].

154G Facilitating organised car, boat or trailer rebirthing activities

(1)  A person who facilitates a car, boat or trailer rebirthing activity that is carried out on an organised basis knowing that—

(a)  it is a car, boat or trailer rebirthing activity, and

(b)  it is carried out on an organised basis,

is guilty of an offence.

Maximum penalty—imprisonment for 14 years.

(2)  For the purposes of this section, a car, boat or trailer rebirthing activity is an activity involving one or more of the following—

(a)  the stealing of a motor vehicle, vessel or trailer or the receiving of a stolen motor vehicle, stolen vessel or stolen trailer,

(b)  the interference with a motor vehicle, vessel or trailer, or a part of a motor vehicle, vessel or trailer, or a unique identifier, for the purpose of concealing the fact that a motor vehicle, vessel or trailer, or any part of a motor vehicle, vessel or trailer, is stolen,

(c)  the affixing of stolen parts to a motor vehicle, vessel or trailer,

(d)  the interference with a unique identifier, being a unique identifier that wholly or partly identifies a motor vehicle, vessel or trailer for registration under a law of any jurisdiction, for the purpose of disguising or misrepresenting the identity of a motor vehicle, vessel or trailer,

(e)  the registration, in this or any other jurisdiction, of a stolen motor vehicle, stolen vessel or stolen trailer, or of a motor vehicle, vessel or trailer that has had stolen parts affixed to it,

(f)  the supply of, or offering to supply, a stolen motor vehicle, stolen vessel or stolen trailer.

(3)  A person facilitates a car, boat or trailer rebirthing activity if the person—

(a)  takes, or participates in, any step, or causes any step to be taken, that is part of the activity, or

(b)  provides or arranges finance for any step that is part of the activity, or

(c)  provides the premises in which any step that is part of the activity is taken, or allows any step that is part of the activity to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.

(4)  A car, boat or trailer rebirthing activity is carried out on an organised basis if—

(a)  it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant, and

(b)  it is carried out for profit or gain.

(5)  In proceedings for an offence against this section, for the purpose of proving that an activity was carried out on an organised basis, or that the accused knew it was carried out on an organised basis, it is not necessary to prove—

(a)  that the accused knew any of the participants in the activity or that any of the participants knew each other, or

(b)  that the activity was planned, organised, structured or otherwise carried out under the direction of any particular person or persons or in any hierarchical manner, or

(c)  that the same participants were involved on each occasion on which the activity was carried out.

s 154G: Ins 2006 No 26, Sch 1 [7]. Am 2019 No 20, Sch 1.6[5]–[8].

154H Making, using and interfering with unique identifiers

(1)  A person who—

(a)  dishonestly interferes with, or copies, a unique identifier, or

(b)  possesses a motor vehicle, vessel or trailer, or a part of a motor vehicle, vessel or trailer, with the intention of dishonestly interfering with, or copying, a unique identifier, or

(c)  dishonestly makes a unique identifier, or a purported unique identifier, or

(d)  knowingly induces another person to accept any information attached to a motor vehicle, vessel, trailer or a part of a motor vehicle, vessel or trailer as a genuine unique identifier for the motor vehicle, vessel, trailer or part, when the information is not in fact a genuine unique identifier for that motor vehicle, vessel, trailer or part,

is guilty of an offence.

Maximum penalty—imprisonment for 7 years.

(2)  For the purposes of this section, information is attached to a motor vehicle, vessel, trailer or a part of a motor vehicle, vessel or trailer if it is—

(a)  marked on or attached to the motor vehicle, vessel, trailer or part, or

(b)  marked on a thing attached to the motor vehicle, vessel, trailer or part, or

(c)  stored in electronic form in a part of the motor vehicle, vessel or trailer.

(3)  In proceedings for an offence against this section, if it is necessary to allege a person knowingly induced another person to accept information attached to a motor vehicle, vessel, trailer or a part of a motor vehicle, vessel or trailer as a genuine unique identifier for the motor vehicle, vessel, trailer or part, it is not necessary to allege that the accused knowingly induced a particular person to accept the information as a genuine unique identifier.

(4)  In this section, a reference to inducing a person to accept information attached to a motor vehicle, vessel, trailer or a part of a motor vehicle, vessel or trailer as a genuine unique identifier includes a reference to causing a computer to respond to the information attached to the motor vehicle, vessel, trailer or part as if it were a genuine unique identifier.

(5)  In this section—

information includes numbers, letters or symbols.

s 154H: Ins 2006 No 26, Sch 1 [7]. Am 2019 No 20, Sch 1.6[9] [10].

154I Possession of motor vehicle, vessel or trailer where unique identifier has been interfered with

(1)  A person who dishonestly has possession of a motor vehicle, vessel or trailer, or a part of a motor vehicle, vessel or trailer, a unique identifier of which has been interfered with, is guilty of an offence.

Maximum penalty—imprisonment for 5 years.

(2)  For the purposes of this section, a person dishonestly has possession of a thing if—

(a)  the person obtained or received the thing dishonestly, or

(b)  the person intends to register, supply or use the thing dishonestly.

s 154I: Ins 2006 No 26, Sch 1 [7]. Am 2019 No 20, Sch 1.6[11].

154J Possession of identification plate not attached to motor vehicle or trailer

(1)  A person is guilty of an offence if the person, without reasonable excuse, knowingly has possession of an identification plate not attached to the motor vehicle or trailer to which it relates.

Maximum penalty—imprisonment for 5 years.

(2)  The onus of proof of reasonable excuse in proceedings for an offence against this section lies on the accused.

(3)  In this section—

identification plate has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal.

motor vehicle means a motor vehicle within the meaning of the Road Transport Act 2013 (whether or not the vehicle contains the motor intended to form part of it).

s 154J: Ins 2006 No 26, Sch 1 [7]. Am 2013 No 19, Sch 4.8 [10]; 2019 No 20, Sch 1.6[12]–[14]; 2021 No 22, Sch 5.1[2].

Division 5B Performance crime offences

pt 4, div 5B: Ins 2024 No 18, Sch 2[1].

154K Performance crime offences

(1)  A person (the offender) commits an offence (a performance crime offence) against this section if—

(a)  the offender’s act or omission constitutes—

(i)  a motor theft offence, or

(ii)  a breaking and entering offence, and

(b)  the offender disseminates material to advertise—

(i)  the offender’s involvement in the offence, or

(ii)  the act or omission constituting the offence.

(2)  An offender who commits a performance crime offence is liable for a maximum penalty that equals the total of the following—

(a)  the maximum penalty for the motor theft offence or breaking and entering offence,

(b)  imprisonment for 2 years.

(3)  To avoid doubt, if an offender is convicted of a performance crime offence the offender cannot also be convicted of a motor theft offence or breaking and entering offence in relation to the act or omission constituting the performance crime offence.

(4)  In this section—

advertise means attract the notice and attention of—

(a)  the public, or

(b)  a limited section of the public.

breaking and entering offence means an offence under the Crimes Act 1900, Part 4, Division 4.

disseminate, in relation to material, means send, supply, exhibit, transmit or communicate the material, including through social media and other electronic methods.

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

motor theft offence means an offence under the following sections of the Crimes Act 1900—

(a)  section 154A,

(b)  section 154C,

(c)  section 154F.

s 154K: Ins 2024 No 18, Sch 2[1].

154L Review of division

(1)  The Minister must review this division to determine whether—

(a)  the policy objectives of the division remain valid, and

(b)  the terms of the division remain appropriate for achieving the objectives.

(2)  The review must be undertaken as soon as practicable after the period of 2 years after the commencement of this division.

(3)  A report on the outcome of the review must be tabled in each House of Parliament within 6 months after the end of the period of 2 years.

s 154L: Ins 2024 No 18, Sch 2[1].

Division 6 Embezzlement or larceny

pt 4, div 6, hdg (previously Part 4, Div 1, sdiv 6, heading): Ins 2000 No 53, Sch 3.3 [25]. Renumbered 2009 No 99, Sch 2 [4].

155 Definition of clerk or servant

Every person employed for any purpose, as, or in the capacity of, a clerk, or servant, or as a collector of moneys, although temporarily only, or employed also by other persons, or employed to pay as well as receive moneys, or although the person had no authority from his or her employer to receive money, or other property, on his or her account, shall be deemed a clerk, or servant.

s 155: Am 1951 No 31, sec 2 (k).

156 Larceny by clerks or servants

Whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for ten years.

157 Embezzlement by clerks or servants

Whosoever, being a clerk, or servant, fraudulently embezzles, either the whole or any part of, any property delivered to, or received, or taken into possession by him or her, for, or in the name, or on the account of, his or her master, or employer, shall be deemed to have stolen the same, although such property was not received into the possession of such master, or employer, otherwise than by the actual possession of such clerk, or servant, and shall be liable to imprisonment for ten years.

158 (Repealed)

s 158: Rep 2009 No 99, Sch 2 [6].

159 Larceny by persons in Public Service

Whosoever, being employed in the Public Service, steals any property, or any part thereof, intrusted to him or her, or taken into his or her possession, or being in his or her custody, or under his or her control, by virtue or colour of such employment, shall be liable to imprisonment for ten years.

160 Embezzlement etc by persons in the Public Service

Whosoever, being employed in the Public Service, fraudulently embezzles any property, or any part thereof, so intrusted to him or her, or taken into his or her possession, or being in his or her custody, or under his or her control, or fraudulently secretes, removes, or in any manner fraudulently applies, or disposes of, the same, or any part thereof, shall be deemed to have stolen the same, and shall be liable to imprisonment for ten years.

161 Proof of general deficiency in accounts

On the prosecution of a person for larceny, or embezzlement as a clerk, or servant, or as a person employed in the Public Service, where the charge is in respect of money, it shall not be necessary to prove the larceny, or embezzlement, by the accused of any specific sum of money, if there is proof of a general deficiency on the examination of the books of account, or entries kept, or made by him or her, or otherwise, and the jury are satisfied that he or she stole, or fraudulently embezzled the deficient money, or any part thereof.

162 Larceny etc by joint owners

Whosoever, being a member of any copartnership, or being one of two, or more, joint owners, steals, or embezzles, any property of, or belonging to, such copartnership, or joint owners, may be convicted of, and punished for, the offence as if he or she was not a member of the copartnership, or one of such joint owners.

Copartnership shall, for the purposes of this section, include all corporations and societies whatsoever.

163 Trial for embezzlement—verdict of larceny

Where, on the trial of any person for embezzlement, or the fraudulent application, or disposition, of property as a clerk, or servant, or person employed in the Public Service, it appears that the person obtained the property in such manner as to amount in law to larceny, the jury may acquit the person of the offence charged, and find the person guilty of larceny, or of larceny as such clerk, servant, or person, as the case may be, and the person shall be liable to punishment accordingly.

s 163: Am 1974 No 50, sec 6 (w).

pt 4, div 1, sdiv 7, hdg: Ins 2000 No 53, Sch 3.3 [26]. Rep 2009 No 99, Sch 2 [7].

pt 4, div 1, sdiv 7: Rep 2009 No 99, Sch 2 [7].

164–186 (Repealed)

s 164: Am 1951 No 31, Sch. Rep 2009 No 99, Sch 2 [7].

s 165: Rep 2009 No 99, Sch 2 [7].

s 166: Rep 2009 No 99, Sch 2 [7].

s 167: Am 1951 No 31, Sch. Rep 2009 No 99, Sch 2 [7].

s 168: Am 1999 No 94, Sch 3 [38]. Rep 2009 No 99, Sch 2 [7].

s 169: Rep 2009 No 99, Sch 2 [7].

s 170: Rep 2009 No 99, Sch 2 [7].

s 171: Am 1951 No 31, Sch. Rep 2009 No 99, Sch 2 [7].

s 172: Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch). Rep 2009 No 99, Sch 2 [7].

s 173: Am 1974 No 50, sec 6 (x); 1979 No 95, Sch 2. Rep 2009 No 99, Sch 2 [7].

s 174: Am 1974 No 50, sec 6 (y); 1979 No 95, Sch 2. Rep 2009 No 99, Sch 2 [7].

s 175: Am 1974 No 50, sec 6 (z); 1979 No 95, Sch 2. Rep 2009 No 99, Sch 2 [7].

s 176: Am 1974 No 50, sec 6 (aa); 1979 No 95, Sch 2. Rep 2009 No 99, Sch 2 [7].

s 176A: Ins 1979 No 95, Sch 1 (3). Rep 2009 No 99, Sch 2 [7].

s 177: Am 1951 No 31, Sch; 1974 No 50, sec 6 (bb). Rep 2009 No 99, Sch 2 [7].

s 178: Am 1951 No 31, Sch; 1970 No 52, Second Sch. Rep 2009 No 99, Sch 2 [7].

pt 4, div 1, sdiv 8, hdg: Ins 2000 No 53, Sch 3.3 [27]. Rep 2009 No 99, Sch 2 [8].

pt 4, div 1, sdiv 8: Rep 2009 No 99, Sch 2 [8].

s 178A, subhdg: Ins 1929 No 2, sec 7.

s 178A: Ins 1929 No 2, sec 7. Am 1929 No 30, sec 2. Rep 2009 No 99, Sch 2 [8].

pt 4, div 1, sdiv 9, hdg: Ins 2000 No 53, Sch 3.3 [28]. Rep 2009 No 99, Sch 2 [9].

pt 4, div 1, sdiv 9: Rep 2009 No 99, Sch 2 [9].

s 178B, subhdg: Ins 1951 No 31, sec 2 (l) (i).

s 178B: Ins 1951 No 31, sec 2 (l) (i). Rep 2009 No 99, Sch 2 [9].

pt 4, div 1, sdiv 10, hdg: Ins 2000 No 53, Sch 3.3 [29]. Rep 2009 No 99, Sch 2 [10].

pt 4, div 1, sdiv 10: Rep 2009 No 99, Sch 2 [10].

s 178BA, hdg: Ins 1979 No 95, Sch 1 (4).

s 178BA: Ins 1979 No 95, Sch 1 (4). Am 1989 No 71, Sch 1 (2); 2000 No 43, Sch 1 [6]. Rep 2009 No 99, Sch 2 [10].

pt 4, div 1, sdiv 11, hdg: Ins 2000 No 53, Sch 3.3 [30]. Rep 2009 No 99, Sch 2 [11].

pt 4, div 1, sdiv 11: Rep 2009 No 99, Sch 2 [11].

s 178BB, hdg: Ins 1979 No 95, Sch 1 (4).

s 178BB: Ins 1979 No 95, Sch 1 (4). Am 2000 No 43, Sch 1 [7]. Rep 2009 No 99, Sch 2 [11].

pt 4, div 1, sdiv 12, hdg: Ins 2000 No 53, Sch 3.3 [31]. Rep 2009 No 99, Sch 2 [12].

pt 4, div 1, sdiv 12: Rep 2009 No 99, Sch 2 [12].

s 178C, hdg: Ins 1961 No 70, sec 2 (b).

s 178C: Ins 1961 No 70, sec 2 (b). Rep 2009 No 99, Sch 2 [12].

pt 4, div 1, sdiv 13, hdg: Ins 2000 No 53, Sch 3.3 [32]. Rep 2009 No 99, Sch 2 [13].

pt 4, div 1, sdiv 13: Rep 2009 No 99, Sch 2 [13].

s 179: Am 1951 No 31, sec 2 (m). Rep 2009 No 99, Sch 2 [13].

s 180: Am 1951 No 31, sec 2 (n), Sch. Rep 2009 No 99, Sch 2 [13].

s 181: Rep 2009 No 99, Sch 2 [13].

s 182: Am 1951 No 31, sec 2 (o). Rep 2009 No 99, Sch 2 [13].

s 183: Am 1929 No 2, sec 8; 1951 No 31, sec 2 (p); 1974 No 50, sec 6 (cc). Rep 2009 No 99, Sch 2 [13].

s 184: Am 1974 No 50, sec 6 (dd). Rep 2009 No 99, Sch 2 [13].

s 184A: Ins 1989 No 71, Sch 1 (3). Rep 2009 No 99, Sch 2 [13].

s 185: Am 1951 No 31, sec 6 (a). Rep 2009 No 99, Sch 2 [13].

pt 4, div 1, sdiv 14, hdg: Ins 2000 No 53, Sch 3.3 [33]. Rep 2009 No 99, Sch 2 [14].

pt 4, div 1, sdiv 14: Rep 2009 No 99, Sch 2 [14].

s 185A, hdg: Ins 1967 No 77, sec 6 (a).

s 185A: Ins 1967 No 77, sec 6 (a). Am 1980 No 53, Sch 2 (4); 1981 No 123, Sch 8; 2001 No 34, Sch 2.9. Rep 2009 No 99, Sch 2 [14].

pt 4, div 1, sdiv 15, hdg: Ins 2000 No 53, Sch 3.3 [34]. Rep 2009 No 99, Sch 2 [15].

pt 4, div 1, sdiv 15: Rep 2009 No 99, Sch 2 [15].

s 186: Am 1937 No 35, Second Sch. Rep 2009 No 99, Sch 2 [15].

Division 16 Receivers

pt 4, div 16, hdg (previously Part 4, Div 1, sdiv 16, heading): Ins 2000 No 53, Sch 3.3 [35]. Renumbered 2009 No 99, Sch 2 [4].

187 Term “stealing” in sections 188 and 189

For the purposes of sections 188 and 189—

Stealing includes the taking, extorting, obtaining, embezzling, or otherwise disposing of the property in question.

s 187: Am 1951 No 31, Sch.

188 Receiving stolen property where stealing a serious indictable offence

(1)  Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof amounts to a serious indictable offence, knowing the same to have been stolen, shall be guilty of a serious indictable offence, and may be indicted, either as an accessory after the fact, or for a substantive offence, and in the latter case whether the principal offender has been previously tried or not, or is amenable to justice or not, and in either case is liable—

(a)  if the property is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, to imprisonment for 12 years, or

(b)  in the case of any other property, to imprisonment for 10 years.

(2)  In this section—

motor vehicle has the same meaning as it has in Division 5A.

vessel means a vessel within the meaning of the Marine Safety Act 1998.

s 188: Am 1974 No 50, sec 6 (ee); 1999 No 94, Sch 3 [39]–[41]; 2001 No 84, Sch 1 [11] [12]; 2006 No 26, Sch 1 [8]–[10]; 2009 No 99, Sch 2 [5].

189 Receiving etc where principal guilty of minor indictable offence

Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof is a minor indictable offence, knowing the same to have been stolen, shall be guilty of a minor indictable offence, and whether the person guilty of the principal offence has been previously tried or not, or is amenable to justice or not, shall be liable to imprisonment for three years.

s 189: Am 1974 No 50, sec 6 (ff); 1999 No 94, Sch 3 [42].

189A Receiving etc goods stolen out of New South Wales

(1)  Whosoever, without lawful excuse, receives or disposes of, or attempts to dispose of, or has in his or her possession, any property stolen outside the State of New South Wales, knowing the same to have been stolen, and whether or not he or she took part in the stealing of the property, shall be liable to imprisonment for ten years.

(2)  For the purposes of this section property shall be deemed to have been stolen if it has been taken, extorted, obtained, embezzled, converted, or disposed of under such circumstances that if the act had been committed in the State of New South Wales the person committing it would have been guilty of an indictable offence according to the law for the time being of the State of New South Wales.

(3)  No person shall be liable to conviction under this section if the taking, extorting, obtaining, embezzling, converting, or disposing is not a criminal offence in the country in which the act is committed.

s 189A: Ins 1924 No 10, sec 9 (d). Am 1974 No 50, sec 6 (gg).

189B Prosecution under section 188 or 189 where property stolen in course of transmission

(1)  Where in the trial of a person for the offence under section 188 or 189 of receiving, or disposing of, or attempting to dispose of, any property knowing it to have been stolen, it is proved that the property was stolen in the course of transmission between New South Wales and any other jurisdiction or between any other jurisdiction and New South Wales—

(a)  the person shall be liable to be convicted of the offence without proof that the stealing took place in New South Wales, and

(b)  for the purpose of determining whether or not the stealing amounts to a serious indictable offence or a minor indictable offence, the stealing shall be deemed to have taken place in New South Wales.

(2)  For the purposes of subsection (1) other jurisdiction means a State (other than New South Wales) or Territory of the Commonwealth.

s 189B: Ins 1974 No 50, sec 6 (hh). Am 1999 No 94, Sch 3 [43].

190 Receiving etc cattle unlawfully killed, or carcass etc

Whosoever—

receives any animal, unlawfully killed, with intent to steal the carcass, or skin, or other part thereof, knowing the same to have been so killed, or

receives, or disposes of, or attempts to dispose of, any part of an animal so killed, or of an animal unlawfully stolen, knowing it to have been so killed or so stolen,

shall be guilty of a serious indictable offence, and may be indicted and punished as if the animal had been stolen, and the accused had unlawfully received the same.

s 190: Am 1974 No 50, sec 6 (ii); 1999 No 94, Sch 3 [21] [28].

191 Uncertainty as to sex or age not to entitle to acquittal

Where, on the trial of a person for an offence under section 190, it appears that the animal was of the species mentioned in the indictment, but it is uncertain on the evidence what was its sex or age, such person shall not be entitled to acquittal by reason only of such uncertainty.

s 191: Am 1951 No 31, Sch.

192 Receiving material or tools intrusted for manufacture

Whosoever receives any goods, article, or material or any tools, or apparatus for manufacturing, or working up, the same, knowing the same to have been purloined, embezzled, or secreted, within the meaning of section 151, or that the person offering the same is fraudulently disposing thereof, shall be liable to imprisonment for four years.

192A Verdict where several persons are indicted for jointly receiving

Where, on the trial of two or more persons for jointly receiving property, it appears that one, or more, separately received such property, or any part thereof, the jury may convict such one or more of the said persons as is, or are, proved to have so received the same.

s 192A (previously s 193): Renumbered 2009 No 99, Sch 2 [16].

Part 4AA Fraud

pt 4AA: Ins 2009 No 99, Sch 1 [3].

Division 1 Preliminary

192B Deception

(1)  In this Part, deception means any deception, by words or other conduct, as to fact or as to law, including—

(a)  a deception as to the intentions of the person using the deception or any other person, or

(b)  conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.

(2)  A person does not commit an offence under this Part by a deception unless the deception was intentional or reckless.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192C Obtaining property belonging to another

(1)  For the purposes of this Part, a person obtains property if—

(a)  the person obtains ownership, possession or control of the property for himself or herself or for another person, or

(b)  the person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or

(c)  the person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.

(2)  A person does not commit an offence under this Part by obtaining or intending to obtain property belonging to another unless the person intends to permanently deprive the other of the property.

(3)  For the purposes of this Part, property belongs to a person if—

(a)  the person has possession or control of the property, or

(b)  the person has a proprietary right or interest in the property (not being an equitable interest arising only from an agreement to transfer or grant an interest or from a constructive trust).

If property is subject to a trust, the persons to whom it belongs include any person having a right to enforce the trust.

(4)  A person obtaining property belonging to another without meaning the other permanently to lose the thing itself has, nevertheless, the intention of permanently depriving the other of it if the person’s intention is to treat the thing as his or her own to dispose of regardless of the other’s rights. A borrowing or lending of the property may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

(5)  Without limiting the generality of subsection (4), if—

(a)  a person has possession or control (lawfully or not) of property belonging to another, and

(b)  the person parts with the property under a condition as to its return that the person may not be able to perform, and

(c)  the parting is done for the purposes of his or her own and without the other’s authority,

the parting amounts to treating the property as his or her own to dispose of regardless of the other’s rights.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192D Obtaining financial advantage or causing financial disadvantage

(1)  In this Part, obtain a financial advantage includes—

(a)  obtain a financial advantage for oneself or for another person, and

(b)  induce a third person to do something that results in oneself or another person obtaining a financial advantage, and

(c)  keep a financial advantage that one has,

whether the financial advantage is permanent or temporary.

(2)  In this Part, cause a financial disadvantage means—

(a)  cause a financial disadvantage to another person, or

(b)  induce a third person to do something that results in another person suffering a financial disadvantage,

whether the financial disadvantage is permanent or temporary.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

Division 2 Fraud and related offences

192E Fraud

(1)  A person who, by any deception, dishonestly—

(a)  obtains property belonging to another, or

(b)  obtains any financial advantage or causes any financial disadvantage,

is guilty of the offence of fraud.

Maximum penalty—Imprisonment for 10 years.

(2)  A person’s obtaining of property belonging to another may be dishonest even if the person is willing to pay for the property.

(3)  A person may be convicted of the offence of fraud involving all or any part of a general deficiency in money or other property even though the deficiency is made up of any number of particular sums of money or items of other property that were obtained over a period of time.

(4)  A conviction for the offence of fraud is an alternative verdict to a charge for the offence of larceny, or any offence that includes larceny, and a conviction for the offence of larceny, or any offence that includes larceny, is an alternative verdict to a charge for the offence of fraud.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192F Intention to defraud by destroying or concealing accounting records

(1)  A person who dishonestly destroys or conceals any accounting record with the intention of—

(a)  obtaining property belonging to another, or

(b)  obtaining a financial advantage or causing a financial disadvantage,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2)  In this section, destroy includes obliterate.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192G Intention to defraud by false or misleading statement

A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of—

(a)  obtaining property belonging to another, or

(b)  obtaining a financial advantage or causing a financial disadvantage,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192H Intention to deceive members or creditors by false or misleading statement of officer of organisation

(1)  An officer of an organisation who, with the intention of deceiving members or creditors of the organisation about its affairs, dishonestly makes or publishes, or concurs in making or publishing, a statement (whether or not in writing) that to his or her knowledge is or may be false or misleading in a material particular is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

(2)  In this section—

creditor of an organisation includes a person who has entered into a security for the benefit of the organisation.

officer of an organisation includes any member of the organisation who is concerned in its management and any person purporting to act as an officer of the organisation.

organisation means any body corporate or unincorporated association.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

Part 4AB Identity offences

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192I Definitions

In this Part—

deal in identification information includes make, supply or use any such information.

identification information means information relating to a person (whether living or dead, real or fictitious, or an individual or body corporate) that is capable of being used (whether alone or in conjunction with other information) to identify or purportedly identify the person, and includes the following—

(a)  a name or address,

(b)  a date or place of birth, marital status, relative’s identity or similar information,

(c)  a driver licence or driver licence number,

(d)  a passport or passport number,

(e)  biometric data,

(f)  a voice print,

(g)  a credit or debit card, its number or data stored or encrypted on it,

(h)  a financial account number, user name or password,

(i)  a digital signature,

(j)  a series of numbers or letters (or both) intended for use as a means of personal identification,

(k)  an ABN.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192J Dealing with identification information

A person who deals in identification information with the intention of committing, or of facilitating the commission of, an indictable offence is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192K Possession of identification information

A person who possesses identification information with the intention of committing, or of facilitating the commission of, an indictable offence is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192L Possession of equipment etc to make identification documents or things

A person who—

(a)  possesses any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information, and

(b)  intends that the document or other thing made will be used to commit, or to facilitate the commission of, an indictable offence,

is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

192M Miscellaneous provisions

(1)  This Part does not apply to dealing in a person’s own identification information.

(2)  It is not an offence to attempt to commit an offence against this Part.

(3)  This Part applies to a person who intends to commit an indictable offence even if committing the offence concerned is impossible or the offence concerned is to be committed at a later time.

(4)  Section 309A of the Criminal Procedure Act 1986 enables a victim of an offence against this Part to obtain a certificate from a court that such an offence has been committed to assist with problems the offence has caused in relation to the victim’s personal or business affairs.

Parts 4AB (ss 192B–192M): Ins 2009 No 99, Sch 1 [3].

193 (Renumbered as section 192A) s 193: Renumbered as sec 192A, 2009 No 99, Sch 2 [16].

Part 4ABA Offences involving dedicated encrypted criminal communication devices

pt 4ABA: Ins 2022 No 46, Sch 2.

192N Definitions

In this Part—

dedicated encrypted criminal communication device—see section 192O.

serious criminal activity means the following, whether or not a person has been charged with or convicted of an offence—

(a)  committing an offence that—

(i)  is punishable by imprisonment for 5 years or more, and

(ii)  is a serious criminal offence within the meaning of the Criminal Assets Recovery Act 1990, or

(b)  obtaining material benefits from conduct that constitutes an offence under paragraph (a).

s 192N: Ins 2022 No 46, Sch 2.

192O Meaning of “dedicated encrypted criminal communication device”

(1)  For this Part, a dedicated encrypted criminal communication device means a mobile electronic device that—

(a)  is specifically designed or equipped for use to facilitate communication, between persons reasonably suspected of being involved in serious criminal activity, to defeat law enforcement detection, and

(b)  uses hardware modifications or software deployed on the device that—

(i)  modifies the device’s factory operating system, whether temporarily or permanently to block or replace key features usually available on the device’s operating system, including, for example, voice call, web browsers or geolocation services, and

(ii)  enables encryption of communication between users, and

(c)  is configured in a way that specifically impedes law enforcement access to information on the device.

Example for paragraph (c)—

•  a duress password or PIN that will wipe data on the device

•  use of a mobile service that is not able to be traced to an individual

•  appears to be mobile phone that does not have an International Mobile Station Equipment Identity number

(2)  A dedicated encrypted criminal communication device includes a device prescribed by the regulations for the purposes of this section.

(3)  A dedicated encrypted criminal communication device does not include—

(a)  a device if—

(i)  the device has been designed, modified or equipped with software or security features, and

(ii)  a reasonable person would consider the software or security features have been applied for a primary purpose other than facilitating communication between persons involved in criminal activity to defeat law enforcement detection, or

(b)  a device of a kind prescribed by the regulations as not being a dedicated encrypted criminal communication device.

s 192O: Ins 2022 No 46, Sch 2.

192P Possession of dedicated encrypted criminal communication devices for certain purposes

(1)  A person commits an offence if—

(a)  the person possesses a dedicated encrypted criminal communication device, and

(b)  there are reasonable grounds to suspect the possession of the dedicated encrypted criminal communication device was to commit or facilitate serious criminal activity.

Maximum penalty—Imprisonment for 3 years.

(2)  Without limiting subsection (1)(b), matters that may be considered in determining whether there are reasonable grounds to suspect the possession of the dedicated encrypted criminal communication device to commit or facilitate a serious criminal activity include the following—

(a)  a service attached to the dedicated encrypted criminal communication device is in a false name,

(b)  the dedicated encrypted criminal communication device was purchased or obtained from—

(i)  a criminal network, or

(ii)  a person who is reasonably suspected of supplying dedicated encrypted criminal communication devices to persons involved in criminal activity,

(c)  a person is in possession of indications of drug supply,

(d)  contemporaneous possession of prohibited firearms,

(e)  contemporaneous possession of child abuse material.

(3)  It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had possession of the dedicated encrypted criminal communication device—

(a)  in the ordinary course of the defendant’s duties as an officer, employee or agent of a government agency or public authority, or

(b)  to supply to, or in partnership or agreement with, a government agency.

(4)  To avoid doubt, for subsection (3)(a) and (b), a government agency includes—

(a)  a government agency of this State, and

(b)  a government agency of the Commonwealth or another State or a Territory.

s 192P: Ins 2022 No 46, Sch 2.

192Q Proof of particular offence not required

To avoid doubt, it is not necessary for the purposes of the offence in section 192P(1) for the prosecution to prove that a particular offence was being committed or planned to be committed using the dedicated encrypted criminal communication device.

s 192Q: Ins 2022 No 46, Sch 2.

192R Review of Part

(1)  The Minister must conduct a review of this Part to determine whether—

(a)  the policy objectives of the relevant provisions remain valid, and

(b)  the terms of the Part remain appropriate for securing the objectives.

(2)  The review must be commenced as soon as practicable after the period of 2 years after the commencement date.

(3)  A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the end of the period.

(4)  In this section—

commencement date means the date on which the Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022, Schedule 2 commences.

s 192R: Ins 2022 No 46, Sch 2.

Part 4AC Money laundering

pt 4AC (previously Part 4, div 1A): Ins 2005 No 73, Sch 3. Renumbered 2009 No 99, Sch 2 [17].

193A Definitions

In this Part—

cause includes—

(a)  direct, or

(b)  facilitate.

deal with includes—

(a)  receive, possess, conceal or dispose of, or

(b)  bring or cause to be brought into New South Wales, including transfer or cause to be transferred by electronic communication, or

(b1)  send or cause to be sent out of New South Wales, including transfer or cause to be transferred by electronic communication, or

(c)  engage directly or indirectly in a transaction, including receiving or making a gift.

instrument of crime means property that is used in the commission of, or to facilitate the commission of, a serious offence.

proceeds of crime means any property that is substantially derived or realised, directly or indirectly, by any person from the commission of a serious offence.

proceeds of general crime means money or other property that is wholly or partly derived or realised, directly or indirectly, by a person from the commission of an offence against a law of—

(a)  the State, or

(b)  the Commonwealth, another State or a Territory, or

(c)  another country.

serious offence means—

(a)  an offence (including a common law offence) against the laws of New South Wales, being an offence that may be prosecuted on indictment, or

(a1)  an offence against a law of the Commonwealth that may be prosecuted on indictment, or

(b)  the offence of supplying any restricted substance prescribed for the purposes of section 16 of the Poisons and Therapeutic Goods Act 1966 that arises under section 18A (1) of that Act, or

(c)  an offence committed outside New South Wales (including outside Australia) that would be an offence referred to in paragraph (a) or (b) if it had been committed in New South Wales.

s 193A: Ins 2005 No 73, Sch 3. Am 2009 No 99, Sch 2 [18]; 2018 No 29, Sch 1.4 [5]; 2022 No 45, Sch 1[1] [2].

193B Money laundering—proceeds of crime

(1)  A person who deals with proceeds of crime—

(a)  knowing that it is proceeds of crime, and

(b)  intending to conceal that it is proceeds of crime,

is guilty of an offence.

Maximum penalty—imprisonment for 20 years.

(2)  A person who deals with proceeds of crime knowing that it is proceeds of crime is guilty of an offence.

Maximum penalty—imprisonment for 15 years.

(3)  A person who deals with proceeds of crime being reckless as to whether it is proceeds of crime is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

(4)  It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant dealt with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.

s 193B: Ins 2005 No 73, Sch 3. Am 2022 No 45, Sch 1[3].

193BA Money laundering—proceeds of general crime

(1)  A person is guilty of an offence if the person deals with proceeds of general crime with a value of $100,000 or more—

(a)  being reckless as to whether it is proceeds of general crime, and

(b)  intending to conceal or disguise features of the property.

Maximum penalty—Imprisonment for 15 years.

(2)  Without limiting subsection (1)(b), the following may be relevant to whether a person intended to conceal or disguise features of money or other property—

(a)  the nature of the money or other property,

(b)  the value of the money or other property,

(c)  the source of the money or other property,

(d)  the location of the money or other property,

(e)  any disposition of the money or other property,

(f)  any movement of the money or other property,

(g)  any rights in relation to the money or other property,

(h)  the identity of a person who has rights in relation to the money or other property,

(i)  the identity of a person who has effective control of the money or other property.

(3)  A person is guilty of an offence if the person deals with proceeds of general crime with a value of $100,000 or more being reckless as to whether it is proceeds of general crime.

Maximum penalty—Imprisonment for 10 years.

(4)  It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant deals with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.

s 193BA: Ins 2022 No 45, Sch 1[4].

193C Dealing with property suspected of being proceeds of crime

(1AA)  A person is guilty of an offence if—

(a)  the person deals with property, and

(b)  there are reasonable grounds to suspect the property is proceeds of crime, and

(c)  at the time of the dealing, the value of the property is $5 million or more.

Maximum penalty—Imprisonment for 8 years.

(1AB)  A person is guilty of an offence against this subsection if the person commits an offence under subsection (1AA) in circumstances of aggravation.

Maximum penalty—Imprisonment for 10 years.

(1)  A person is guilty of an offence if—

(a)  the person deals with property, and

(b)  there are reasonable grounds to suspect that the property is proceeds of crime, and

(c)  at the time of the dealing, the value of the property is $100,000 or more but less than $5 million.

Maximum penalty—Imprisonment for 5 years.

(2)  A person is guilty of an offence if—

(a)  the person deals with property, and

(b)  there are reasonable grounds to suspect that the property is proceeds of crime, and

(c)  at the time of the dealing, the value of the property is less than $100,000.

Maximum penalty—Imprisonment for 3 years.

(3)    (Repealed)

(4)  It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the property was substantially derived or realised, directly or indirectly, from an act or omission constituting an offence against a law in force in the Commonwealth, a State or a Territory or another country.

(5)  For subsection (1AB), circumstances of aggravation mean circumstances in which—

(a)  the person used a position of professional trust or fiduciary duty to commit the offence, or

(b)  the offence was committed in the context of a criminal group, serious crime organisation or serious criminal activity, or

(c)  the offence was committed to fund or support terrorism, or

(d)  the person provided finance to enable part or all of the dealings in property, or

(e)  the offence was committed for the purposes of transferring the value of the property out of New South Wales.

(6)  In this section—

criminal group has the same meaning as in section 93S.

criminal organisation has the same meaning as in the Crimes (Criminal Organisations Control) Act 2012.

serious criminal activity has the same meaning as in the Crimes (Criminal Organisations Control) Act 2012.

s 193C: Ins 2005 No 73, Sch 3. Subst 2016 No 16, Sch 2 [1]. Am 2022 No 45, Sch 1[5]–[8].

193CA Reasonable grounds to suspect property is proceeds of crime

(1)  For section 193C, there are reasonable grounds to suspect that property is proceeds of crime in each of the following circumstances—

(a)  for section 193C(1AA)(a) or (1)(a)—the dealing involves a number of transactions structured or arranged to avoid the reporting requirements of the Financial Transaction Reports Act 1988 of the Commonwealth that would otherwise apply to the transactions,

(b)  the dealing involves a number of transactions structured or arranged to avoid the reporting requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth that would otherwise apply to the transactions,

(c)  the dealing amounts to an offence against section 139, 140 or 141 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth,

(d)  the dealing involves a significant cash transaction, within the meaning of the Financial Transaction Reports Act 1988 of the Commonwealth, and the defendant—

(i)  has contravened the defendant’s obligations under that Act relating to reporting the transaction, or

(ii)  has given false or misleading information in purported compliance with those obligations,

(e)  the dealing involves a threshold transaction, within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth, and the defendant—

(i)  has contravened the defendant’s obligations under that Act relating to reporting the transaction, or

(ii)  has given false or misleading information in purported compliance with those obligations,

(f)  the dealing involves using one or more accounts held with authorised deposit-taking institutions in false names,

(g)  the defendant had, in the defendant’s physical possession, more than $100,000 in cash without lawful excuse,

(h)  the value of the property involved in the dealing is, in the opinion of the trier of fact, grossly out of proportion to the defendant’s income and expenditure over a reasonable period within which the dealing occurs,

(i)  the dealing involved the use of a token or other unique identifier that preserves the anonymity of one or more of the parties to the dealing,

(j)  the dealing involved the use or possession of—

(i)  falsely subscribed telecommunication services, or

(ii)  a dedicated encrypted communication device within the meaning of the Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022,

(k)  the defendant possessed or accessed instructions that, in the opinion of the trier of fact, are consistent with money laundering,

(l)  the dealing involved a clandestine meeting or the use of a concealed compartment,

(m)  the defendant—

(i)  has stated that the dealing was engaged in on behalf of or at the request of another person, and

(ii)  has not provided information enabling the other person to be identified and located.

(2)  This section does not limit section 193C(1AA)(b), (1)(b) or (2)(b).

s 193CA: Ins 2022 No 45, Sch 1[9].

193CB Controlled operations and proceeds of crime or general crime

(1)  This section applies if, in the course of a controlled operation, property is represented, whether verbally, in writing or by conduct, to be proceeds of crime or proceeds of general crime for the purposes of dealing with the property.

(2)  The property is, for the purposes of this Part, taken to be—

(a)  if the property is represented to be proceeds of crime—proceeds of crime whether or not the property is actually the proceeds of crime, or

(b)  if the property is represented to be proceeds of general crime—proceeds of general crime whether or not the property is actually the proceeds of general crime.

(3)  In this section—

controlled operation has the same meaning as in the Law Enforcement (Controlled Operations) Act 1997.

s 193CB: Ins 2022 No 45, Sch 1[9].

193D Dealing with property that subsequently becomes an instrument of crime

(1)  If—

(a)  a person deals with property intending that the property will become an instrument of crime, and

(b)  the property subsequently becomes an instrument of crime,

the person is guilty of an offence.

Maximum penalty—imprisonment for 15 years.

(2)  If—

(a)  a person deals with property being reckless as to whether the property will become an instrument of crime, and

(b)  the property subsequently becomes an instrument of crime,

the person is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

(3)  Proceedings for an offence under this section must not be commenced without the consent of the Director of Public Prosecutions.

(4)  It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant dealt with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.

(5)  In this section—

property means money or other valuables.

s 193D: Ins 2005 No 73, Sch 3.

193E Alternative verdicts

(1)  If on the trial of a person for an offence under section 193B (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (2) or (3) or section 193BA(1) or (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(2)  If on the trial of a person for an offence under section 193B (2), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (3) or section 193BA(1) or (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(2AA)  If on the trial of a person for an offence under section 193B(3), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193BA(3), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(2A)  If on the trial of a person for an offence under section 193B, the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193C(1AA), (1) or (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(2AB)  If on the trial of a person for an offence under section 193BA(1), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193BA(3), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(2AC)  If on the trial of a person for an offence under section 193BA(1) or (3), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193C(1AA), (1) or (2), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(2AD)  If on the trial of a person for an offence under section 193C(1AA), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193C(1) or (2), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(2B)  If on the trial of a person for an offence under section 193C (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193C (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

(3)  If on the trial of a person for an offence under section 193D (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193D (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.

s 193E: Ins 2005 No 73, Sch 3. Am 2016 No 16, Sch 2 [2]; 2017 No 40, Sch 1.5 [2]; 2022 No 45, Sch 1[10]–[14]; 2023 No 7, Sch 2.14.

193F Proof of other offences not required

(1)  To avoid doubt, it is not necessary, in order to prove for the purposes of an offence under this Part that property is proceeds of crime, to establish that—

(a)  a particular offence was committed in relation to the property, or

(b)  a particular person committed an offence in relation to the property.

(2)  To avoid doubt, it is not necessary, in order to prove for the purposes of an offence under this Part that property will be an instrument of crime, to establish—

(a)  an intention or risk that a particular offence will be committed in relation to the property, or

(b)  an intention or risk that a particular person will commit an offence in relation to the property.

(3)  To avoid doubt, it is not necessary to establish the following in order to prove, for the purposes of an offence under this Part, that property is proceeds of general crime—

(a)  an offence or a type of offence was committed in relation to the property,

(b)  a particular person committed an offence or a type of offence in relation to the property.

s 193F: Ins 2005 No 73, Sch 3. Am 2009 No 99, Sch 2 [18]; 2022 No 45, Sch 1[15].

193FA Combining several contraventions in a single charge

(1)  A single charge of an offence against a provision of this Part may be about 2 or more instances of the defendant engaging in conduct (at the same time or different times) that constitutes an offence against a provision of this Part.

(2)  If a single charge is about 2 or more such instances and the value of the property dealt with is an element of the offence in question, that value is taken to be the sum of the values of the property dealt with in each of those instances.

s 193FA: Ins 2016 No 16, Sch 2 [3].

193G Transitional provision

This Part (as amended by the Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016) applies to or in respect of acts or omissions in relation to proceeds of crime arising from serious offences committed before or after the commencement of the amendments made to this Part by that Act.

s 193G: Ins 2005 No 73, Sch 3. Am 2009 No 99, Sch 2 [18]; 2016 No 16, Sch 2 [4].

Part 4ACA Cheating at gambling

Division 1 Preliminary

pt 4ACA, div 1: Ins 2012 No 64, Sch 1 [1].

193H Corrupting betting outcome of event

(1)  For the purposes of this Part, conduct corrupts a betting outcome of an event if the conduct—

(a)  affects or, if engaged in, would be likely to affect the outcome of any type of betting on the event, and

(b)  is contrary to the standards of integrity that a reasonable person would expect of persons in a position to affect the outcome of any type of betting on the event.

(2)  For the purposes of this Part, an agreement about conduct that corrupts a betting outcome of an event is an agreement between 2 or more persons under which one or more of those persons agree to engage in conduct that corrupts a betting outcome of an event.

(3)  In this Part—

agreement includes an arrangement.

conduct means an act or an omission to perform an act.

engage in conduct means—

(a)  do an act, or

(b)  omit to perform an act.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

193I Betting

(1)  In this Part, bet includes the following—

(a)  place, accept or withdraw a bet,

(b)  cause a bet to be placed, accepted or withdrawn.

(2)  A reference in this Part to betting on an event includes a reference to betting on any event contingency.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193J Events and event contingencies

(1)  In this Part, an event means any event (whether it takes place in this State or elsewhere) on which it is lawful to bet under a law of this State, another State, a Territory or the Commonwealth.

(2)  In this Part, an event contingency means any contingency in any way connected with an event, being a contingency on which it is lawful to bet under a law of this State, another State, a Territory or the Commonwealth.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193K Obtaining financial advantage or causing financial disadvantage

(1)  In this Part, obtain a financial advantage includes—

(a)  obtain a financial advantage for oneself or for another person, and

(b)  induce a third person to do something that results in oneself or another person obtaining a financial advantage, and

(c)  keep a financial advantage that one has,

whether the financial advantage is permanent or temporary.

(2)  In this Part, cause a financial disadvantage means—

(a)  cause a financial disadvantage to another person, or

(b)  induce a third person to do something that results in another person suffering a financial disadvantage,

whether the financial disadvantage is permanent or temporary.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193L Proof of intention to obtain financial advantage or cause financial disadvantage

(1)  If an offence under this Part requires a person (the accused) to intend to obtain a financial advantage, or to cause a financial disadvantage, in connection with betting on an event, that element of the offence is established if, and only if, it is proved that—

(a)  the accused meant to obtain a financial advantage, or cause a financial disadvantage, in connection with betting on the event, or

(b)  the accused was aware that another person meant to obtain a financial advantage, or cause a financial disadvantage, in connection with betting on the event, as a result of the conduct the subject of the charge.

(2)  It is not necessary to prove that any financial advantage was actually obtained or any financial disadvantage was actually caused.

(3)  In this section, the conduct the subject of the charge means—

(a)  in the case of an offence against section 193N—the conduct that the accused engaged in, or

(b)  in the case of an offence against section 193O—the conduct that the accused facilitated, or

(c)  in the case of an offence against section 193P—the conduct, or the conduct the subject of the agreement, that the accused encouraged another person to conceal.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193M Encourage

In this Part, encourage another person to engage in conduct includes command, request, propose, advise, incite, induce, persuade, authorise, urge, threaten or place pressure on the person to engage in conduct.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

Division 2 Offences

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193N Engage in conduct that corrupts betting outcome of event

A person who engages in conduct that corrupts a betting outcome of an event—

(a)  knowing or being reckless as to whether the conduct corrupts a betting outcome of the event, and

(b)  with the intention of obtaining a financial advantage, or causing a financial disadvantage, in connection with any betting on the event,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193O Facilitate conduct that corrupts betting outcome of event

(1)  A person who facilitates conduct that corrupts a betting outcome of an event—

(a)  knowing or being reckless as to whether the conduct facilitated corrupts a betting outcome of the event, and

(b)  with the intention of obtaining a financial advantage, or causing a financial disadvantage, in connection with any betting on the event,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(2)  A person facilitates conduct that corrupts a betting outcome of an event if the person—

(a)  offers to engage in conduct that corrupts a betting outcome of an event, or

(b)  encourages another person to engage in conduct that corrupts a betting outcome of an event, or

(c)  enters into an agreement about conduct that corrupts a betting outcome of an event.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193P Concealing conduct or agreement about conduct that corrupts betting outcome of event

(1)  A person who encourages another person to conceal from any appropriate authority conduct, or an agreement about conduct, that corrupts a betting outcome of an event—

(a)  knowing or being reckless as to whether the conduct corrupts a betting outcome of the event, and

(b)  with the intention of obtaining a financial advantage, or causing a financial disadvantage, in connection with any betting on the event,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(2)  In this section, an appropriate authority includes—

(a)  a police officer, or

(b)  a body that has the official function of controlling, regulating or supervising an event, or any betting on an event.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

193Q Use of corrupt conduct information or inside information for betting purposes

(1)  A person who possesses information in connection with an event that is corrupt conduct information, and who knows or is reckless as to whether the information is corrupt conduct information, is guilty of an offence if the person—

(a)  bets on the event, or

(b)  encourages another person to bet on the event in a particular way, or

(c)  communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.

Maximum penalty—Imprisonment for 10 years.

(2)  A person who possesses information in connection with an event that is inside information, and who knows or is reckless as to whether the information is inside information, is guilty of an offence if the person—

(a)  bets on the event, or

(b)  encourages another person to bet on the event in a particular way, or

(c)  communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.

Maximum penalty—Imprisonment for 2 years.

(3)  Information in connection with an event is corrupt conduct information if the information is about conduct, or proposed conduct, that corrupts a betting outcome of the event.

(4)  Information in connection with an event is inside information if the information—

(a)  is not generally available, and

(b)  if it were generally available, would, or would be likely to, influence persons who commonly bet on the event in deciding whether or not to bet on the event or making any other betting decision.

(5)  Information is generally available if—

(a)  it consists of matter that is readily observable by the public, or

(b)  it has been made known in a manner that would, or would be likely to, bring it to the attention of the public, or

(c)  it consists of deductions, conclusions or inferences made or drawn from information referred to in paragraph (a) or (b).

(6)  In proceedings for an offence against subsection (1) (b) or (c) or (2) (b) or (c) it is not necessary to prove that the person encouraged to bet, or to whom information was communicated, actually bet on the event concerned.

(7)  If, on the trial of a person for an offence under subsection (1), the trier of fact is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of an offence under subsection (2), it may find the accused not guilty of the offence charged but guilty of an offence under subsection (2), and the accused is liable to punishment accordingly.

(8)  A reference in this section to communicating information includes a reference to causing information to be communicated.

pt 4ACA, div 2 (ss 193H–193Q): Ins 2012 No 64, Sch 1 [1].

Part 4AD Criminal destruction and damage

pt 4AD (previously Part 4, div 2 (previously Part 4, ch 2)): Ins 1987 No 287, Sch 1 (5). Renumbered 1999 No 31, Sch 5.27 [4]; 2009 No 99, Sch 2 [19].

Division 1 Interpretation

pt 4AD, div 1 (previously Part 4, Div 2, sdiv 1 (previously Part 4, ch 2, Div 1)): Ins 1987 No 287, Sch 1 (5). Renumbered 1999 No 31, Sch 5.27 [1]; 2009 No 99, Sch 2 [20].

194 Interpretation

(1)  In this Part, a reference to property does not include a reference to property that is not of a tangible nature.

(2)  In this Part, a reference to property includes a reference to wild creatures that have been tamed or are ordinarily kept in captivity and also includes any other wild creatures or their carcasses but only if they—

(a)  have been reduced into possession that has not been lost or abandoned, or

(b)  are in the course of being reduced into possession.

(3)  For the purposes of this Part, an act done by a person under a reasonable belief that the person had a right to do the act does not constitute an element of any offence under this Part.

(4)  For the purposes of this Part, damaging property includes removing, obliterating, defacing or altering the unique identifier of the property. The unique identifier is any numbers, letters or symbols that are marked on or attached to the property as a permanent record so as to enable the property to be distinguished from similar property.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 194: Ins 1987 No 287, Sch 1 (5). Am 2003 No 5, Sch 1; 2007 No 38, Sch 1 [21]; 2009 No 99, Sch 2 [18].

Division 2 Crimes against property generally

pt 4AD, div 2 (previously Part 4, Div 2, sdiv 2 (previously Part 4, ch 2, Div 2)), hdg: Ins 1987 No 287, Sch 1 (5). Renumbered 1999 No 31, Sch 5.27 [2]; 2009 No 99, Sch 2 [20].

195 Destroying or damaging property

(1)  A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—

(a)  to imprisonment for 5 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

(1A)  A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—

(a)  to imprisonment for 6 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.

(2)  A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—

(a)  to imprisonment for 7 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 195: Ins 1987 No 287, Sch 1 (5). Am 2006 No 61, Sch 1 [12]; 2007 No 38, Sch 1 [3]; 2008 No 107, Sch 5 [2].

196 Destroying or damaging property with intent to injure a person

(1)  A person who destroys or damages property, intending by the destruction or damage to cause bodily injury to another, is liable—

(a)  to imprisonment for 7 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 14 years.

(2)  A person who, during a public disorder, destroys or damages property, intending by the destruction or damage to cause bodily injury to another, is liable—

(a)  to imprisonment for 9 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 16 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 196: Ins 1987 No 287, Sch 1 (5). Am 2006 No 61, Sch 1 [13]; 2007 No 38, Sch 1 [12].

197 Dishonestly destroying or damaging property

(1)  A person who dishonestly, with a view to making a gain for that person or another, destroys or damages property is liable—

(a)  to imprisonment for 7 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 14 years.

(2)  A person who, during a public disorder, dishonestly, with a view to making a gain for that person or another, destroys or damages property is liable—

(a)  to imprisonment for 9 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 16 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 197: Ins 1987 No 287, Sch 1 (5). Am 2006 No 61, Sch 1 [14].

198 Destroying or damaging property with intention of endangering life

A person who destroys or damages property, intending by the destruction or damage to endanger the life of another, is liable to imprisonment for 25 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 198: Ins 1987 No 287, Sch 1 (5). Am 1989 No 218, Sch 1 (21); 2007 No 38, Sch 1 [12].

199 Threatening to destroy or damage property

(1)  A person who, without lawful excuse, makes a threat to another, with the intention of causing that other to fear that the threat would be carried out—

(a)  to destroy or damage property belonging to that other or to a third person, or

(b)  to destroy or damage the first-mentioned person’s own property in a way which that person knows will or is likely to endanger the life of, or to cause bodily injury to, that other or a third person,

is liable to imprisonment for 5 years.

(2)  A person who, during a public disorder and without lawful excuse, makes a threat to another, with the intention of causing that other to fear that the threat would be carried out—

(a)  to destroy or damage property belonging to that other or to a third person, or

(b)  to destroy or damage the first-mentioned person’s own property in a way which that person knows will or is likely to endanger the life of, or to cause bodily injury to, that other or a third person,

is liable to imprisonment for 7 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 199: Ins 1987 No 287, Sch 1 (5). Am 2006 No 61, Sch 1 [15].

200 Possession etc of explosive or other article with intent to destroy or damage property

(1)  A person who has possession, custody or control of an article with the intention that it should be used to destroy or damage property belonging to—

(a)  some other person, or

(b)  the first-mentioned person or the user, or both of them, and some other person,

is liable (if the article is an explosive) to imprisonment for 7 years or (if the article is not an explosive) to imprisonment for 3 years.

(2)  A person who, during a public disorder, has possession, custody or control of an article with the intention that it should be used to destroy or damage property belonging to—

(a)  some other person, or

(b)  the first-mentioned person or the user, or both of them, and some other person,

is liable (if the article is an explosive) to imprisonment for 9 years or (if the article is not an explosive) to imprisonment for 5 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 200: Ins 1987 No 287, Sch 1 (5). Am 2004 No 48, Sch 1 [6]; 2006 No 61, Sch 1 [16]; 2007 No 38, Sch 1 [12].

Division 3 Crimes relating to particular kinds of property

pt 4AD, div 3 (previously Part 4, Div 2, sdiv 3 (previously Part 4, ch 2, Div 3)), hdg: Ins 1987 No 287, Sch 1 (5). Renumbered 1999 No 31, Sch 5.27 [3]. Subst 1999 No 31, Sch 5.27 [3]. Renumbered 2009 No 99, Sch 2 [20].

201 Interfering with a mine

(1)  A person who intentionally or recklessly—

(a)  causes water to run into a mine or any subterranean channel connected to it,

(b)  destroys, damages or obstructs any shaft, passage, pit, airway, waterway or drain of, or associated with, a mine,

(c)  destroys, damages or renders useless any equipment, structure, building, road or bridge belonging to, or associated with, a mine, or

(d)  hinders the working of equipment belonging to, or associated with, a mine,

is liable to imprisonment for 7 years.

(2)  In this section, mine includes—

(a)  a place at which gas or other petroleum is extracted from the ground, and

(b)  a place at which exploration for minerals, or for gas or other petroleum, is undertaken by mechanical means that disturb the ground, and

(c)  a place at which works are being carried out to enable the extraction of minerals, or of gas or other petroleum, from the ground, and

(d)  a former mine at which works are being carried out to decommission the mine or make it safe.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 201: Ins 1987 No 287, Sch 1 (5). Am 2007 No 38, Sch 1 [3]; 2016 No 7, Sch 2 [1]–[3].

202 Causing damage etc to sea, river, canal and other works

A person who—

(a)  intentionally or recklessly destroys, damages, removes or interferes with piles or other materials that form part of, or have been fixed or placed in position in order to secure—

(i)  a sea wall or other structure designed to prevent erosion by the sea,

(ii)  the bank or bed of, or a dam, weir or lock located on, a river or canal,

(iii)  a drain, aqueduct, marsh or reservoir, or

(iv)  a dock, quay, wharf, jetty or other harbour installation,

(b)  intentionally or recklessly opens a floodgate or sluice that is located at or on a dam, weir, reservoir or watercourse, or

(c)  with the intention of obstructing or hindering the navigation of vessels or boats on a navigable river or canal—

(i)  interferes with or obstructs the flow of the river or canal,

(ii)  damages or interferes with the bank or bed of the river or canal, or

(d)  destroys, damages or interferes with any structure or equipment constructed or installed in connection with the use of the river or canal for the purposes of navigation,

is liable to imprisonment for 7 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 202: Ins 1987 No 287, Sch 1 (5). Am 2007 No 38, Sch 1 [3].

203 (Repealed)

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 203: Ins 1987 No 287, Sch 1 (5). Rep 2001 No 117, Sch 3 [6].

Division 4 Sabotage

pt 4AD, div 4 (previously Part 4, Div 2, sdiv 4): Ins 2000 No 43, Sch 1 [8]. Renumbered 2009 No 99, Sch 2 [20].

203A Definitions

In this Division—

economic loss includes the disruption of government functions or the disruption of the use of public facilities.

public facility means any of the following (whether publicly or privately owned)—

(a)  a government facility, including premises used by government employees in connection with official duties,

(b)  a public infrastructure facility, including a facility providing water, sewerage, energy or other services to the public,

(c)  a public transport facility, including a conveyance used to transport people or goods,

(d)  a public place, including any premises, land or water open to the public,

(e)  a public computer system, including a computer system used for the operation of a public facility, for the provision of banking services or for other services to the public.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 203A: Ins 2000 No 43, Sch 1 [8]. Am 2004 No 48, Sch 1 [7]; 2009 No 99, Sch 2 [5].

203B Sabotage

A person—

(a)  whose conduct causes damage to a public facility, and

(b)  who intended to cause that damage, and

(c)  who intended by that conduct to cause—

(i)  extensive destruction of property, or

(ii)  major economic loss,

is guilty of an offence.

Maximum penalty—Imprisonment for 25 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 203B: Ins 2000 No 43, Sch 1 [8].

203C Threaten sabotage

(1)  A person who—

(a)  makes to another person a threat to damage a public facility, and

(b)  intends that person to fear that the threat will be carried out and will cause—

(i)  extensive destruction of property, or

(ii)  major economic loss,

is guilty of an offence.

Maximum penalty—Imprisonment for 14 years.

(2)  In the prosecution of an offence under this section it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

(3)  For the purposes of this section—

(a)  a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional, and

(b)  a threat to a person includes a threat to a group of persons, and

(c)  fear that a threat will be carried out includes apprehension that it will be carried out.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 203C: Ins 2000 No 43, Sch 1 [8].

Division 5 Bushfires

pt 4AD, div 5 (previously Part 4, Div 2, sdiv 5): Ins 2002 No 24, Sch 1. Renumbered 2009 No 99, Sch 2 [20].

203D Definitions

In this Division—

causing a fire includes—

(a)  lighting a fire, or

(b)  maintaining a fire, or

(c)  failing to contain a fire, except where the fire was lit by another person or the fire is beyond the control of the person who lit the fire.

firefighter means a member of a fire brigade under the Rural Fires Act 1997 or the Fire and Rescue NSW Act 1989 or of any other official firefighting unit (including a unit from outside the State).

spread of a fire means spread of a fire beyond the capacity of the person who causes the fire to extinguish it.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 203D: Ins 2002 No 24, Sch 1. Am 2009 No 99, Sch 2 [5]; 2018 No 59, Sch 5.1.

203E Offence

(1)  A person—

(a)  who intentionally causes a fire, and

(b)  who is reckless as to the spread of the fire to vegetation on any public land or on land belonging to another,

is guilty of an offence.

Maximum penalty—Imprisonment for 21 years.

(2)  For the purposes of this section, recklessness may also be established by proof of intention.

(3)  A person is not criminally responsible for an offence against this section if—

(a)  the person is a firefighter or acting under the direction of a firefighter, and

(b)  the person caused the fire in the course of bushfire fighting or hazard reduction operations.

(4)  If on the trial of a person for an offence against this section the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence against section 100 (1) of the Rural Fires Act 1997, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 203E: Ins 2002 No 24, Sch 1. Am 2018 No 94, Sch 2.3 [1].

Part 4AE Offences relating to transport services

pt 4AE (previously Part 4AA): Ins 1987 No 287, Sch 1 (6). Renumbered 2009 No 99, Sch 2 [21].

Division 1 Offences relating to aircraft, vessels etc

204 Destruction of, or damage to, an aircraft or vessel with intent or reckless indifference

Any person who—

(a)  with intent to cause the death of a person, or

(b)  with reckless indifference for the safety of the life of a person,

destroys or damages an aircraft or vessel is liable to imprisonment for 25 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 204: Ins 1987 No 287, Sch 1 (6). Am 1989 No 218, Sch 1 (22).

205 Prejudicing the safe operation of an aircraft or vessel

A person who, whether on board the aircraft or vessel or not, does anything with the intention of prejudicing the safety of an aircraft or vessel is liable to imprisonment for 14 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 205: Ins 1987 No 287, Sch 1 (6).

206 Assault etc on member of crew of aircraft or vessel

A person who, while on board an aircraft or vessel, assaults or threatens with violence a member of the crew of the aircraft or vessel—

(a)  so as to interfere with the functions or duties performed by the crew member in connection with the safe operation of the aircraft or vessel, or

(b)  so as to diminish the ability of the crew member to perform those functions or duties,

is liable to imprisonment for 14 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 206: Ins 1987 No 287, Sch 1 (6).

207 Placing etc dangerous articles on board an aircraft or vessel

(1)  In this section—

dangerous article means—

(a)  a firearm, ammunition for a firearm, a weapon or an explosive, or

(b)  a substance or thing that, because of its nature or condition, could endanger the safety of an aircraft or vessel or persons on board an aircraft or vessel.

(2)  A person who—

(a)  places or carries on board an aircraft or vessel an article knowing that it is a dangerous article,

(b)  knowing that an article is a dangerous article, delivers the article to a person for the purpose of having the article placed or carried on board an aircraft or vessel, or

(c)  has possession of an article while on board an aircraft or vessel knowing that the article is a dangerous article,

is liable to imprisonment for 7 years.

(3)  Subsection (2)—

(a)  does not apply to or in relation to anything done with an article in relation to an aircraft or vessel with the consent of the owner or operator of the aircraft or vessel where that consent is given with a knowledge of the nature or condition of the article, and

(b)  does not apply to or in relation to the carrying or placing of a firearm or ammunition for a firearm on board an aircraft or vessel with permission given in accordance with regulations in force under the Air Navigation Act 1920 of the Commonwealth.

(4)  A reference in this section to a firearm includes a reference to an imitation firearm within the meaning of the Firearms Act 1996.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 207: Ins 1987 No 287, Sch 1 (6). Am 2010 No 40, Sch 3.8 [4].

208 Threatening to destroy etc an aircraft, vessel or vehicle

(1)  In this section—

threat includes—

(a)  an expression of intention, or

(b)  the making of a statement from which an expression of intention could reasonably be inferred.

transport vehicle means—

(a)  a mechanically or electrically driven vehicle that is used or designed to be used for the purpose of conveying passengers or goods, or passengers and goods, or for the purpose of drawing a vehicle or vehicles of the kind referred to in paragraph (b), or

(b)  a vehicle not so driven that is directly or indirectly connected to and drawn by, or designed to be connected to and drawn by, a vehicle of the kind first referred to in paragraph (a),

but does not include an aircraft or vessel.

(2)  A person who makes a demand of another person with a threat—

(a)  to destroy or damage, or endanger the safety of, an aircraft, vessel or transport vehicle, or

(b)  to kill, or inflict bodily injury on, persons who are in or on an aircraft, vessel or transport vehicle,

is liable to imprisonment for 14 years.

(3)  A person who makes a demand of another person together with a threat to do any of the things mentioned in subsection (2) (a) or (b) and, while that threat still has effect—

(a)  discharges a firearm,

(b)  causes an explosion, or

(c)  inflicts grievous bodily harm on, or wounds, a person,

is liable to imprisonment for 25 years.

(4)  A person who makes a threat—

(a)  to destroy or damage, or endanger the safety of, an aircraft, vessel or transport vehicle, or

(b)  to kill, or inflict bodily injury on, persons who are in or on an aircraft, vessel or transport vehicle,

is liable to imprisonment for 5 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 208: Ins 1987 No 287, Sch 1 (6). Am 1989 No 218, Sch 1 (23).

209 False information as to plan etc to prejudice the safety of an aircraft or vessel or persons on board an aircraft or vessel

A person who makes a statement or conveys information, knowing it to be false, to the effect, or from which it could reasonably be inferred, that there has been, is or is to be a plan, proposal, attempt, conspiracy or threat to—

(a)  take, or exercise control of, an aircraft or vessel by force,

(b)  destroy or damage, or endanger the safety of, an aircraft or vessel, or

(c)  kill, or inflict bodily injury on, persons in or on an aircraft or vessel,

is liable to imprisonment for 2 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 209: Ins 1987 No 287, Sch 1 (6).

210 Destroying, damaging etc an aid to navigation

A person who—

(a)  intentionally or recklessly destroys, damages, removes, conceals or interferes with a mark, device or equipment used or designed to be used to assist the navigation of aircraft or vessels, or

(b)  does any act with the intention of causing any such destruction, damage, concealment or interference,

is liable to imprisonment for 7 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 210: Ins 1987 No 287, Sch 1 (6). Am 2007 No 38, Sch 1 [3].

Division 2 Offences relating to railways etc

211 Criminal acts relating to railways

(1)  A person who—

(a)  does any act on or in connection with the operation of a railway, or

(b)  omits to do any act on or in connection with a railway that it is the person’s duty to do,

with the intention of causing the death of, inflicting bodily injury on or endangering the safety of any person who is on the railway, or who is in or on any locomotive or other rolling stock on the railway, is liable to imprisonment for 25 years.

(2)  A person who—

(a)  does any act on or in connection with the operation of a railway, or

(b)  omits to do any act on or in connection with the operation of a railway that it is the person’s duty to do,

with the intention of causing any locomotive or other rolling stock on the railway to be derailed, destroyed or damaged, is liable to imprisonment for 14 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 211: Ins 1987 No 287, Sch 1 (6). Am 1989 No 218, Sch 1 (24); 2007 No 38, Sch 1 [12].

212 Endangering passengers etc on railway

A person who, by an unlawful act or a negligent omission, endangers the safety of any person who is on, or who is being conveyed on, a railway is liable to imprisonment for 3 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

ss 212–214: Ins 1987 No 287, Sch 1 (6).

213 Obstructing a railway

A person who—

(a)  intentionally and without lawful excuse, does an act, or omits to do an act, which causes the passage or operation of a locomotive or other rolling stock on a railway to be obstructed, or

(b)  assists a person to do or omit to do such an act, with the knowledge that the person’s intention to do or omit to do that act is without lawful excuse,

is liable to imprisonment for 2 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

ss 212–214: Ins 1987 No 287, Sch 1 (6).

214 Obstructing a railway—verdict of misdemeanour

(1)  If, on the trial of a person for an offence under section 211, the jury is not satisfied that the person is guilty of the offence, but is satisfied that the person is guilty of an offence under section 212 or 213, it may acquit the person of the offence charged and instead find the person guilty of an offence under section 212 or 213.

(2)  If, in accordance with subsection (1), a jury finds a person guilty of an offence under section 212 or 213, the person is liable to be punished as provided by that section.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

ss 212–214: Ins 1987 No 287, Sch 1 (6).

Part 4AF Major facilities

pt 4AF: Ins 2022 No 7, Sch 2.

214A Damage or disruption to major facility

(1)  A person must not enter, remain on or near, climb, jump from or otherwise trespass on or block entry to any part of a major facility if that conduct—

(a)  causes damage to the major facility, or

(b)  seriously disrupts or obstructs persons attempting to use the major facility, or

(c)  causes the major facility, or part of the major facility, to be closed, or

Editorial note—

On 13 December 2023, the Supreme Court of New South Wales in Kvelde v State of New South Wales[2023] NSWSC 1560 declared that section 214A(1)(c), to the extent that the paragraph makes it an offence for persons engaged in the conduct specified in the paragraph to cause part of the major facility to be closed is invalid.

(d)  causes persons attempting to use the major facility to be redirected.

Editorial note—

On 13 December 2023, the Supreme Court of New South Wales in Kvelde v State of New South Wales[2023] NSWSC 1560 declared that section 214A(1)(d) is invalid.

Maximum penalty—200 penalty units or imprisonment for 2 years, or both.

(2)  It is a defence to the prosecution of an offence against this section if the person charged proves that the person had a reasonable excuse for the conduct.

(3)  A person does not commit an offence under this section if the conduct forms part of the following—

(a)  industrial action,

(b)  an industrial dispute,

(c)  an industrial campaign.

(4)  A person does not commit an offence under this section if the conduct occurs—

(a)  at the workplace at which the person works, or

(b)  at a workplace owned, occupied, operated or used by an employer of the person.

(5)  This section does not apply to the extent that it prohibits conduct in relation to—

(a)  Parliament House, or

(b)  an office of a member of parliament.

(6)  A person does not commit an offence under this section for anything done or omitted to be done in accordance with the consent or authority of—

(a)  the NSW Police Force, or

(b)  another public authority, or

(c)  for a privately owned major facility—the owner or operator of the facility.

(7)  In this section—

major facility means the following, whether publicly or privately owned—

(a)  a railway station or other public transport facility prescribed by the regulations,

(b)  a private port within the meaning of the Ports and Maritime Administration Act 1995, or another port prescribed by the regulations,

(c)  an infrastructure facility, including a facility providing water, sewerage, energy, manufacturing, distribution or other services to the public, prescribed by the regulations.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 214A: Ins 2022 No 7, Sch 2.

214B Review of Part

(1)  The Minister must review this Part to determine whether the policy objectives of the Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.

(2)  The review must be undertaken as soon as possible after the period of 2 years from the commencement of the Roads and Crimes Legislation Amendment Act 2022.

(3)  A report on the outcome of the review must be tabled in each House of Parliament within 6 months after the end of the period of 2 years.

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

s 214B: Ins 2022 No 7, Sch 2.

215–249 (Repealed)

pt 4, ch 2 (ss 194–249): Rep 1987 No 287, Sch 1 (5). For information concerning Part 4, Chapter 2 before the commencement of 1987 No 287, Sch 1 (5) see the historical table of amendments, item (1) in the Legislative history.

Part 4A Corruptly receiving commissions and other corrupt practices

pt 4A: Ins 1987 No 116, Sch 1 (2).

249A Definitions

In this Part—

agent includes—

(a)  any person employed by, or acting for or on behalf of, any other person (who in this case is referred to in this Part as the person’s principal) in any capacity,

(b)  any person purporting to be, or intending to become, an agent of any other person (who in this case is referred to in this Part as the person’s principal), and

(c)  any person serving under the Crown (which in this case is referred to in this Part as the person’s principal), and

(d)  a police officer (and in this case a reference in this Part to the agent’s principal is a reference to the Crown), and

(e)  a councillor within the meaning of the Local Government Act 1993 (and in this case a reference in this Part to the agent’s principal is a reference to the local council of which the person is a councillor), and

(f)  a councillor within the meaning of the Aboriginal Land Rights Act 1983 (and in this case a reference in this Part to the agent’s principal is a reference to the New South Wales Aboriginal Land Council), and

(g)  a Board member of a Local Aboriginal Land Council within the meaning of the Aboriginal Land Rights Act 1983 (and in this case a reference in this Part to the agent’s principal is a reference to the Local Aboriginal Land Council).

benefit includes money and any contingent benefit.

s 249A: Ins 1987 No 116, Sch 1 (2). Am 1995 No 23, Sch 1.2 [8]; 1999 No 40, Sch 2 [3]; 2006 No 111, Sch 2.1.

249B Corrupt commissions or rewards

(1)  If any agent corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person for the agent or for anyone else any benefit—

(a)  as an inducement or reward for or otherwise on account of—

(i)  doing or not doing something, or having done or not having done something, or

(ii)  showing or not showing, or having shown or not having shown, favour or disfavour to any person,

in relation to the affairs or business of the agent’s principal, or

(b)  the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal,

the agent is liable to imprisonment for 7 years.

(2)  If any person corruptly gives or offers to give to any agent, or to any other person with the consent or at the request of any agent, any benefit—

(a)  as an inducement or reward for or otherwise on account of the agent’s—

(i)  doing or not doing something, or having done or not having done something, or

(ii)  showing or not showing, or having shown or not having shown, favour or disfavour to any person,

in relation to the affairs or business of the agent’s principal, or

(b)  the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal,

the firstmentioned person is liable to imprisonment for 7 years.

(3)  For the purposes of subsection (1), where a benefit is received or solicited by anyone with the consent or at the request of an agent, the agent shall be deemed to have received or solicited the benefit.

ss 249B–249D: Ins 1987 No 116, Sch 1 (2).

249C Misleading documents or statements used or made by agents

(1)  Any agent who uses, or gives to the agent’s principal, a document which contains anything that is false or misleading in any material respect, with intent to defraud the agent’s principal, is liable to imprisonment for 7 years.

(2)  Any agent who makes a statement to the agent’s principal which is false or misleading in any material respect, with intent to defraud the principal, is liable to imprisonment for 7 years.

ss 249B–249D: Ins 1987 No 116, Sch 1 (2).

249D Corrupt inducements for advice

(1)  If a person corruptly gives a benefit to another person for giving advice to a third person, being advice which the person giving the benefit intends will influence the third person—

(a)  to enter into a contract with the person who gives the benefit, or

(b)  to appoint the person who gives the benefit to any office,

and, at the time the benefit is given, the person who gives the benefit intends the giving of the benefit not be made known to the person advised, the person who gives the benefit is liable to imprisonment for 7 years.

(2)  If a person corruptly receives a benefit for giving advice to another person, being advice which is likely to influence the other person—

(a)  to enter into a contract with the person who gave the benefit, or

(b)  to appoint the person who gave the benefit to any office,

and, at the time the benefit is received, the person who receives the benefit intends the giving of the benefit not be made known to the person to be advised, the person who receives the benefit is liable to imprisonment for 7 years.

(3)  For the purposes of subsections (1) and (2), where a benefit is given or received by anyone with the consent or at the request of another person, the other person shall be deemed to have given or received the benefit.

(4)  If any person corruptly offers or solicits a benefit for the giving of advice by one person to another—

(a)  intending that the advice will influence the person advised—

(i)  to enter into a contract with anyone, or

(ii)  to appoint anyone to any office, and

(b)  intending that the giving or receipt of the benefit not be made known to the person advised,

the firstmentioned person is liable to imprisonment for 7 years.

(5)  In this section—

(a)  a reference to the giving of advice includes a reference to the providing of information orally or in writing,

(b)  a reference to entering into a contract includes a reference to offering to enter into a contract, and

(c)  a reference to the appointment of a person includes a reference to—

(i)  joining in the appointment of the person, and

(ii)  voting for or assisting in the election or appointment of the person.

ss 249B–249D: Ins 1987 No 116, Sch 1 (2).

249E Corrupt benefits for trustees and others

(1)  A person is guilty of an offence if—

(a)  the person corruptly offers or gives a benefit to a person entrusted with property as an inducement or reward for the appointment of a person to be a person entrusted with the property, or

(b)  the person is entrusted with property and corruptly receives or solicits a benefit for any person as an inducement or reward for the appointment of a person to be a person entrusted with the property.

Maximum penalty—imprisonment for 7 years.

(2)  In this section, a person entrusted with property means the following—

(a)  a trustee of the property,

(b)  an executor or administrator appointed for the purpose of dealing with the property,

(c)  a person who, because of a power of attorney or a power of appointment, has authority over the property,

(d)  a person managing or administering the property, or appointed or employed to manage or administer the property, under the NSW Trustee and Guardian Act 2009.

(3)  A reference to the appointment of a person includes—

(a)  joining in the appointment of the person, and

(b)  assisting in the appointment of the person.

s 249E: Ins 1987 No 116, Sch 1 (2). Am 2009 No 49, Sch 2.16. Subst 2023 No 21, Sch 1[1].

249F Aiding, abetting etc

(1)  A person who aids, abets, counsels, procures, solicits or incites the commission of an offence under this Part is guilty of an offence and is liable to imprisonment for 7 years.

(2)  A person who, in New South Wales, aids, abets, counsels or procures the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Part, is guilty of an offence and is liable to imprisonment for 7 years.

s 249F: Ins 1987 No 116, Sch 1 (2).

249G Repayment of value of gift etc

(1)  If a person is convicted of an offence under this Part, the court may (as well as imposing a penalty for the offence) order the person to pay to such other person as the court directs the whole or part of the amount or the value, assessed by the court, of any benefit received or given by the person.

(2)  Any money payable to a person under this section may be recovered in a court of competent jurisdiction as a debt due to the person.

s 249G: Ins 1987 No 116, Sch 1 (2).

249H Disqualification for office

If a person is convicted of an offence under this Part, the person is disqualified from holding civic office for the purposes of the Local Government Act 1993, for the period of 7 years from the conviction or such lesser period as the court may order.

s 249H: Ins 1987 No 116, Sch 1 (2). Am 1995 No 11, Sch 1.28 [1].

249I Dismissal of trivial case

If, in any proceedings for an offence under this Part, it appears to the court that the offence is of a trivial or merely technical nature, the court may in its discretion dismiss the case.

s 249I: Ins 1987 No 116, Sch 1 (2).

249J Custom not a defence

In any proceedings for an offence under this Part, it is not a defence that the receiving, soliciting, giving or offering of any benefit is customary in any trade, business, profession or calling.

s 249J: Ins 1987 No 116, Sch 1 (2).

Part 4B Blackmail

pt 4B (ss 249K–249O): Ins 2007 No 38, Sch 1 [22].

249K Blackmail offence

(1)  A person who makes any unwarranted demand with menaces—

(a)  with the intention of obtaining a gain or of causing a loss, or

(b)  with the intention of influencing the exercise of a public duty,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(2)  A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) by an accusation, or a threatened accusation, that a person has committed a serious indictable offence.

Maximum penalty—Imprisonment for 14 years.

pt 4B (ss 249K–249O): Ins 2007 No 38, Sch 1 [22].

249L Unwarranted demands—meaning

(1)  For the purposes of this Part, a demand with menaces is unwarranted unless the person believes that he or she has reasonable grounds for making the demand and reasonably believes that the use of the menaces is a proper means of reinforcing the demand.

(2)  The demand need not be a demand for money or other property.

pt 4B (ss 249K–249O): Ins 2007 No 38, Sch 1 [22].

249M Menaces—meaning

(1)  For the purposes of this Part, menaces includes—

(a)  an express or implied threat of any action detrimental or unpleasant to another person, and

(b)  a general threat of detrimental or unpleasant action that is implied because the person making the unwarranted demand holds a public office.

(2)  A threat against an individual does not constitute a menace unless—

(a)  the threat would cause an individual of normal stability and courage to act unwillingly in response to the threat, or

(b)  the threat would cause the particular individual to act unwillingly in response to the threat and the person who makes the threat is aware of the vulnerability of the particular individual to the threat.

(3)  A threat against a Government or body corporate does not constitute a menace unless—

(a)  the threat would ordinarily cause an unwilling response, or

(b)  the threat would cause an unwilling response because of a particular vulnerability of which the person making the threat is aware.

(4)  It is immaterial whether the menaces relate to action to be taken by the person making the demand.

pt 4B (ss 249K–249O): Ins 2007 No 38, Sch 1 [22].

249N Obtaining gain or causing loss—meaning

For the purposes of this Part—

(a)  a gain means gain in money or other property, whether temporary or permanent, and includes keeping what one has, and obtaining a gain means obtaining a gain for oneself or for another, and

(b)  a loss means loss in money or other property, whether temporary or permanent, and includes not getting what one might get, and causing a loss means causing a loss to another.

pt 4B (ss 249K–249O): Ins 2007 No 38, Sch 1 [22].

249O Public duty—meaning

For the purposes of this Part, a public duty means a power, authority, duty or function—

(a)  that is conferred on a person as the holder of a public office, or

(b)  that a person holds himself or herself out as having as the holder of a public office.

pt 4B (ss 249K–249O): Ins 2007 No 38, Sch 1 [22].

Part 5 Forgery

pt 5, hdg: Subst 1989 No 71, Sch 1 (4); 2009 No 99, Sch 1 [4].

pt 5: Subst 2009 No 99, Sch 1 [4].

Division 1 Preliminary

pt 5, div 1: Subst 2009 No 99, Sch 1 [4].

250 False document—meaning

(1)  For the purposes of this Part, a document is false if, and only if, the document (or any part of the document) purports—

(a)  to have been made in the form in which it is made by a person who did not in fact make it in that form, or

(b)  to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form, or

(c)  to have been made in the terms in which it is made by a person who did not in fact make it in those terms, or

(d)  to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms, or

(e)  to have been altered in any respect by a person who did not in fact alter it in that respect, or

(f)  to have been altered in any respect on the authority of a person who did not in fact authorise its alteration in that respect, or

(g)  to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered, or

(h)  to have been made or altered by, or on the authority of, a person who did not in fact exist.

(2)  For the purposes of this Part, a person is to be treated as making a false document if the person alters a document so as to make it false within the meaning of this section (whether or not it is false in some other respect apart from that alteration).

(3)  For the purpose of the application of this section, a document that purports to be a true copy of another document is to be treated as if it were the original document.

s 250: Subst 2009 No 99, Sch 1 [4].

251 Inducing acceptance of false document

(1)  In this Part, a reference to inducing a person to accept a false document as genuine includes a reference to causing a machine to respond to the document as if it were a genuine document.

(2)  If it is necessary for the purposes of this Part to prove an intent to induce some person to accept a false document as genuine, it is not necessary to prove that the accused intended so to induce a particular person.

s 251: Subst 2009 No 99, Sch 1 [4].

252 Interpretative provisions relating to obtaining property, financial advantage and financial disadvantage

s 252, hdg: Rep 1989 No 71, Sch 1 (6).

The following provisions of Part 4AA (Fraud) also apply to this Part—

(a)  section 192C (Obtaining property belonging to another),

(b)  section 192D (Obtaining financial advantage or causing financial disadvantage).

s 252: Am 1951 No 31, Sch. Rep 1989 No 71, Sch 1 (5). Ins 2009 No 99, Sch 1 [4].

Division 2 Forgery

pt 5, div 2 (previously Part 5, ch 2): Ins 1989 No 71, Sch 1 (10). Renumbered 1999 No 31, Sch 5.27 [4]. Subst 2009 No 99, Sch 1 [4].

253 Forgery—making false document

s 253, hdg: Am 1989 No 71, Sch 1 (7).

A person who makes a false document with the intention that the person or another will use it—

(a)  to induce some person to accept it as genuine, and

(b)  because of its being accepted as genuine—

(i)  to obtain any property belonging to another, or

(ii)  to obtain any financial advantage or cause any financial disadvantage, or

(iii)  to influence the exercise of a public duty,

is guilty of the offence of forgery.

Maximum penalty—Imprisonment for 10 years.

s 253: Subst 2009 No 99, Sch 1 [4].

Division 3 Offences related to forgery

pt 5, div 3: Ins 2009 No 99, Sch 1 [4].

254 Using false document

A person who uses a false document, knowing that it is false, with the intention of—

(a)  inducing some person to accept it as genuine, and

(b)  because of its being accepted as genuine—

(i)  obtaining any property belonging to another, or

(ii)  obtaining any financial advantage or causing any financial disadvantage, or

(iii)  influencing the exercise of a public duty,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

s 254: Am 1980 No 53, Sch 2 (6). Rep 1989 No 71, Sch 1 (5). Ins 2009 No 99, Sch 1 [4].

255 Possession of false document

A person who has in his or her possession a false document, knowing that it is false, with the intention that the person or another will use it—

(a)  to induce some person to accept it as genuine, and

(b)  because of its being accepted as genuine—

(i)  to obtain any property belonging to another, or

(ii)  to obtain any financial advantage or cause any financial disadvantage, or

(iii)  to influence the exercise of a public duty,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

s 255: Subst 2009 No 99, Sch 1 [4].

256 Making or possession of equipment etc for making false documents

s 256, hdg: Rep 1989 No 71, Sch 1 (6).

(1)  A person who makes, or has in his or her possession, any equipment, material or other thing designed or adapted for the making of a false document—

(a)  knowing that it is so designed or adapted, and

(b)  with the intention that the person or another person will use the equipment, material or other thing to commit the offence of forgery,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(2)  A person who, without reasonable excuse, makes or has in his or her possession any equipment, material or other thing designed or adapted for the making of a false document, knowing that it is so designed or adapted, is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(3)  A person who possesses any equipment, material or other thing that is capable of being used to make a false document, with the intention that the person or another person will use the equipment, material or other thing to commit the offence of forgery, is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(4)  This section applies in respect of any equipment, material or other thing that is designed or adapted for the purpose of making a false document whether or not it is also designed or adapted for another purpose.

(5)  This section applies to a person who intends to commit an offence even if committing the offence concerned is impossible or the offence concerned is to be committed at a later time.

(6)  It is not an offence to attempt to commit an offence against this section.

s 256: Am 1979 No 95, Sch 2. Rep 1989 No 71, Sch 1 (5). Ins 2009 No 99, Sch 1 [4].

257–307 (Repealed)

s 257: Am 1951 No 31, Sch; 1979 No 95, Sch 2. Rep 1989 No 71, Sch 1 (5).

s 258: Am 1979 No 95, Sch 2. Rep 1989 No 71, Sch 1 (5).

s 259: Rep 1989 No 71, Sch 1 (5).

s 260: Rep 2009 No 99, Sch 1 [4].

s 261: Rep 1989 No 71, Sch 1 (5).

s 262: Am 1951 No 31, Sch. Rep 1989 No 71, Sch 1 (5).

s 263: Am 1951 No 31, Sch. Rep 1989 No 71, Sch 1 (5).

s 264 and hdg: Rep 1989 No 71, Sch 1 (5), (6).

ss 265–267: Rep 2009 No 99, Sch 1 [4].

s 268: Am 1951 No 31, Sch. Rep 2009 No 99, Sch 1 [4].

s 269: Rep 2009 No 99, Sch 1 [4].

s 270: Rep 2009 No 99, Sch 1 [4].

s 271, hdg: Am 1989 No 71, Sch 1 (8).

s 271: Am 1974 No 50, sec 7 (a). Rep 2009 No 99, Sch 1 [4].

s 272: Am 1979 No 95, Sch 2. Rep 1989 No 71, Sch 1 (5).

s 273: Rep 1989 No 71, Sch 1 (5).

s 274: Am 1951 No 31, Sch. Rep 1989 No 71, Sch 1 (5).

s 275: Am 1924 No 10, sec 10. Rep 1989 No 71, Sch 1 (5).

s 276: Am 1951 No 31, Sch. Rep 1989 No 71, Sch 1 (5).

s 277, hdg: Subst 1989 No 71, Sch 1 (9).

s 277: Am 1970 No 52, Second Sch. Rep 1989 No 71, Sch 1 (5).

s 278: Rep 2009 No 99, Sch 1 [4].

s 279, hdg: Rep 1989 No 71, Sch 1 (6).

s 279: Am 1951 No 31, Sch; 1980 No 53, Sch 2 (7). Rep 1989 No 71, Sch 1 (5).

ss 280–284: Rep 1989 No 71, Sch 1 (5).

s 285: Rep 2009 No 99, Sch 1 [4].

s 286: Rep 1989 No 71, Sch 1 (5).

s 287: Rep 1989 No 71, Sch 1 (5).

s 288: Am 1951 No 31, Sch. Rep 1989 No 71, Sch 1 (5).

s 289: Rep 2009 No 99, Sch 1 [4].

s 290: Rep 1989 No 71, Sch 1 (5).

s 291: Rep 2009 No 99, Sch 1 [4].

s 292: Am 1951 No 31, Sch. Rep 1989 No 71, Sch 1 (5).

s 293 and hdg: Am 1984 No 22, Sch 1 (2). Rep 1989 No 71, Sch 1 (5), (6).

s 294, hdg: Rep 1989 No 71, Sch 1 (6).

s 294: Am 1978 No 166, Sch 1 (2). Rep 1989 No 71, Sch 1 (5).

s 295 and hdg: Rep 1989 No 71, Sch 1 (5), (6).

s 296: Am 1980 No 53, Sch 2 (8); 1995 No 62, Sch 2. Rep 2009 No 99, Sch 1 [4].

s 297: Rep 2009 No 99, Sch 1 [4].

s 298: Rep 2009 No 99, Sch 1 [4].

ss 299–302: Ins 1989 No 71, Sch 1 (10). Rep 2009 No 99, Sch 1 [4].

s 302A: Ins 1996 No 6, Sch 1. Rep 2009 No 99, Sch 1 [4].

ss 303–306: Ins 1989 No 71, Sch 1 (10). Rep 2009 No 99, Sch 1 [4].

s 307: Ins 1989 No 71, Sch 1 (10). Rep 2007 No 38, Sch 2 [21].

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

Part 5A False and misleading information

pt 5A (previously Part 5, div 3): Ins 2002 No 28, Sch 4.27 [1]. Renumbered 2009 No 99, Sch 2 [22].

307A False or misleading applications

(1)  A person is guilty of an offence if—

(a)  the person makes a statement (whether orally, in a document or in any other way), and

(b)  the person does so knowing that, or being reckless as to whether, the statement—

(i)  is false or misleading, or

(ii)  omits any matter or thing without which the statement is misleading, and

(c)  the statement is made in connection with an application for an authority or benefit, and

(d)  any of the following subparagraphs apply—

(i)  the statement is made to a public authority,

(ii)  the statement is made to a person who is exercising or performing any power, authority, duty or function under, or in connection with, a law of the State,

(iii)  the statement is made in compliance or purported compliance with a law of the State.

Maximum penalty—Imprisonment for 2 years, or a fine of 200 penalty units, or both.

(2)  Subsection (1) does not apply as a result of subsection (1) (b) (i) if the statement is not false or misleading in a material particular.

(3)  Subsection (1) does not apply as a result of subsection (1) (b) (ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

(4)  The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.

(5)  In this section—

application includes any claim, request or other form of application and also includes, in the case of an application for an authority, any application for the issue, grant, amendment, transfer, renewal, restoration or replacement of the authority and any other application in connection with the authority.

authority includes any licence, permit, consent, approval, registration or other form of authority.

benefit includes any advantage and is not limited to property.

s 307A: Ins 2002 No 28, Sch 4.27 [1]. Am 2018 No 25, Sch 5.7.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

307B False or misleading information

(1)  A person is guilty of an offence if—

(a)  the person gives information to another person, and

(b)  the person does so knowing that the information—

(i)  is false or misleading, or

(ii)  omits any matter or thing without which the information is misleading, and

(c)  any of the following subparagraphs apply—

(i)  the information is given to a public authority,

(ii)  the information is given to a person who is exercising or performing any power, authority, duty or function under, or in connection with, a law of the State,

(iii)  the information is given in compliance or purported compliance with a law of the State.

Maximum penalty—Imprisonment for 2 years, or a fine of 200 penalty units, or both.

(2)  Subsection (1) does not apply as a result of subsection (1) (b) (i) if the information is not false or misleading in a material particular.

(3)  Subsection (1) does not apply as a result of subsection (1) (b) (ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.

(4)  Subsection (1) does not apply as a result of subsection (1) (c) (i) if, before the information was given by a person to the public authority, the public authority did not take reasonable steps to inform the person of the existence of the offence against subsection (1).

(5)  Subsection (1) does not apply as a result of subsection (1) (c) (ii) if, before the information was given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).

(6)  The burden of establishing a matter referred to in subsection (2), (3), (4) or (5) lies on the accused person.

(7)  For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used—

“Giving false or misleading information is a serious offence.”

s 307B: Ins 2002 No 28, Sch 4.27 [1].

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

307C False or misleading documents

(1)  A person is guilty of an offence if—

(a)  the person produces a document to another person, and

(b)  the person does so knowing that the document is false or misleading, and

(c)  the document is produced in compliance or purported compliance with a law of the State.

Maximum penalty—Imprisonment for 2 years, or a fine of 200 penalty units, or both.

(2)  Subsection (1) does not apply if the document is not false or misleading in a material particular.

(3)  Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate—

(a)  stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular, and

(b)  setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.

(4)  The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.

s 307C: Ins 2002 No 28, Sch 4.27 [1].

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

Part 6 Computer offences

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

pt 6: Ins 1989 No 71, Sch 1 (11). Subst 2001 No 20, Sch 1 [1].

308 General definitions

In this Part—

data includes—

(a)  information in any form, or

(b)  any program (or part of a program).

data held in a computer includes—

(a)  data entered or copied into the computer, or

(b)  data held in any removable data storage device for the time being in the computer, or

(c)  data held in a data storage device on a computer network of which the computer forms part.

data storage device means any thing (for example a disk or file server) containing or designed to contain data for use by a computer.

electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy.

serious computer offence means—

(a)  an offence against section 308C, 308D or 308E, or

(b)  conduct in another jurisdiction that is an offence in that jurisdiction and that would constitute an offence against section 308C, 308D or 308E if the conduct occurred in this jurisdiction.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308: Ins 1989 No 71, Sch 1 (11). Subst 2001 No 20, Sch 1 [1].

308A Meaning of access to data, modification of data and impairment of electronic communication

(1)  In this Part, access to data held in a computer means—

(a)  the display of the data by the computer or any other output of the data from the computer, or

(b)  the copying or moving of the data to any other place in the computer or to a data storage device, or

(c)  in the case of a program—the execution of the program.

(2)  In this Part, modification of data held in a computer means—

(a)  the alteration or removal of the data, or

(b)  an addition to the data.

(3)  In this Part, impairment of electronic communication to or from a computer includes—

(a)  the prevention of any such communication, or

(b)  the impairment of any such communication on an electronic link or network used by the computer,

but does not include a mere interception of any such communication.

(4)  A reference in this Part to any such access, modification or impairment is limited to access, modification or impairment caused (whether directly or indirectly) by the execution of a function of a computer.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308A: Ins 2001 No 20, Sch 1 [1].

308B Meaning of unauthorised access, modification or impairment

(1)  For the purposes of this Part, access to or modification of data, or impairment of electronic communication, by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.

(2)  Any such access, modification or impairment is not unauthorised merely because the person has an ulterior purpose for that action.

(2A)  For the purposes of an offence under section 308D, 308E or 308H, any such access, modification or impairment is also not unauthorised if—

(a)  it is caused by an authorised person, and

(b)  the computer concerned is in the lawful custody of the authorised person when the access, modification or impairment is caused, and

(c)  the purpose of the access, modification or impairment is to preserve, or prevent the concealment, fabrication, destruction or loss of, evidence of the commission of an offence.

(3)  For the purposes of an offence under this Part, a person causes any such unauthorised access, modification or impairment if the person’s conduct substantially contributes to the unauthorised access, modification or impairment.

(4)  For the purposes of an offence under section 308I, impairment of the reliability, security or operation of data is not unauthorised if—

(a)  it is caused by an authorised person, and

(b)  the computer disk, credit card or other device concerned is in the lawful custody of the authorised person when the impairment is caused, and

(c)  the purpose of the impairment is to preserve, or prevent the concealment, fabrication, destruction or loss of, evidence of the commission of an offence.

(5)  If an authorised person causes the access, modification or impairment referred to in subsection (2A) or (4), the authorised person must, as soon as practicable after causing that access, modification or impairment, make a record in writing of the manner of that access, modification or impairment.

(6)  Failure to comply with subsection (5) does not make the access, modification or impairment unauthorised.

(7)  In this section—

authorised person means a law enforcement officer or a person authorised by a law enforcement agency.

law enforcement agency has the same meaning as in section 13 of the Criminal Records Act 1991.

law enforcement officer has the same meaning as in Division 8A of Part 3.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308B: Ins 2001 No 20, Sch 1 [1]. Am 2019 No 20, Sch 1.6[15] [16].

308C Unauthorised access, modification or impairment with intent to commit serious indictable offence

(1)  A person who causes any unauthorised computer function—

(a)  knowing it is unauthorised, and

(b)  with the intention of committing a serious indictable offence, or facilitating the commission of a serious indictable offence (whether by the person or by another person),

is guilty of an offence.

Maximum penalty—The maximum penalty applicable if the person had committed, or facilitated the commission of, the serious indictable offence in this jurisdiction.

(2)  For the purposes of this section, an unauthorised computer function is—

(a)  any unauthorised access to data held in any computer, or

(b)  any unauthorised modification of data held in any computer, or

(c)  any unauthorised impairment of electronic communication to or from any computer.

(3)  For the purposes of this section, a serious indictable offence includes an offence in any other jurisdiction that would be a serious indictable offence if committed in this jurisdiction.

(4)  A person may be found guilty of an offence against this section—

(a)  even if committing the serious indictable offence concerned is impossible, or

(b)  whether the serious indictable offence is to be committed at the time of the unauthorised conduct or at a later time.

(5)  It is not an offence to attempt to commit an offence against this section.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308C: Ins 2001 No 20, Sch 1 [1].

308D Unauthorised modification of data with intent to cause impairment

(1)  A person who—

(a)  causes any unauthorised modification of data held in a computer, and

(b)  knows that the modification is unauthorised, and

(c)  intends by the modification to impair access to, or to impair the reliability, security or operation of, any data held in a computer, or who is reckless as to any such impairment,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(2)  A conviction for an offence against this section is an alternative verdict to a charge for—

(a)  an offence against section 195 (Destroying or damaging property), or

(b)  an offence against section 308E (Unauthorised impairment of electronic communication).

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308D: Ins 2001 No 20, Sch 1 [1]. Am 2007 No 38, Sch 1 [23].

308E Unauthorised impairment of electronic communication

(1)  A person who—

(a)  causes any unauthorised impairment of electronic communication to or from a computer, and

(b)  knows that the impairment is unauthorised, and

(c)  intends to impair electronic communication to or from the computer, or who is reckless as to any such impairment,

is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(2)  A conviction for an offence against this section is an alternative verdict to a charge for—

(a)  an offence against section 195 (Destroying or damaging property), or

(b)  an offence against section 308D (Unauthorised modification of data with intent to cause impairment).

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308E: Ins 2001 No 20, Sch 1 [1]. Am 2007 No 38, Sch 1 [23].

308F Possession of data with intent to commit serious computer offence

(1)  A person who is in possession or control of data—

(a)  with the intention of committing a serious computer offence, or

(b)  with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person),

is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(2)  For the purposes of this section, possession or control of data includes—

(a)  possession of a computer or data storage device holding or containing the data or of a document in which the data is recorded, and

(b)  control of data held in a computer that is in the possession of another person (whether the computer is in this jurisdiction or outside this jurisdiction).

(3)  A person may be found guilty of an offence against this section even if committing the serious computer offence concerned is impossible.

(4)  It is not an offence to attempt to commit an offence against this section.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308F: Ins 2001 No 20, Sch 1 [1].

308G Producing, supplying or obtaining data with intent to commit serious computer offence

(1)  A person who produces, supplies or obtains data—

(a)  with the intention of committing a serious computer offence, or

(b)  with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person),

is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(2)  For the purposes of this section, produce, supply or obtain data includes—

(a)  produce, supply or obtain data held or contained in a computer or data storage device, or

(b)  produce, supply or obtain a document in which the data is recorded.

(3)  A person may be found guilty of an offence against this section even if committing the serious computer offence concerned is impossible.

(4)  It is not an offence to attempt to commit an offence against this section.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308G: Ins 2001 No 20, Sch 1 [1]. Am 2003 No 27, Sch 3 [3].

308H Unauthorised access to or modification of restricted data held in computer (summary offence)

(1)  A person—

(a)  who causes any unauthorised access to or modification of restricted data held in a computer, and

(b)  who knows that the access or modification is unauthorised, and

(c)  who intends to cause that access or modification,

is guilty of an offence.

Maximum penalty—Imprisonment for 2 years.

(2)  An offence against this section is a summary offence.

(3)  In this section—

restricted data means data held in a computer, being data to which access is restricted by an access control system associated with a function of the computer.

(4)  Proceedings for an offence against this section must be commenced within 3 years of the date on which the offence was alleged to have been committed.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308H: Ins 2001 No 20, Sch 1 [1]. Am 2003 No 27, Sch 3 [4]; 2016 No 54, Sch 1.4 [1]; 2021 No 46, Sch 1.1[1].

308I Unauthorised impairment of data held in computer disk, credit card or other device (summary offence)

(1)  A person—

(a)  who causes any unauthorised impairment of the reliability, security or operation of any data held on a computer disk, credit card or other device used to store data by electronic means, and

(b)  who knows that the impairment is unauthorised, and

(c)  who intends to cause that impairment,

is guilty of an offence.

Maximum penalty—Imprisonment for 2 years.

(2)  An offence against this section is a summary offence.

(3)  For the purposes of this section, impairment of the reliability, security or operation of data is unauthorised if the person is not entitled to cause that impairment.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 308I: Ins 2001 No 20, Sch 1 [1].

309, 310 (Repealed)

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 309: Ins 1989 No 71, Sch 1 (11). Am 1992 No 112, Sch 1; 1994 No 32, Sch 1; 1997 No 85, Sch 1.2 [2]. Rep 2001 No 20, Sch 1 [1].

s 310: Ins 1989 No 71, Sch 1 (11). Am 1992 No 112, Sch 1. Rep 2001 No 20, Sch 1 [1].

Part 6A Offences relating to escape from lawful custody

pt 6A: Ins 1995 No 49, Sch 1 (3). Rep 1995 No 63, Sch 2 [3]. Ins 1999 No 94, Sch 3 [1].

310A Definitions

In this Part—

correctional centre means a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999, and includes a correctional complex within the meaning of that Act.

inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 310A: Ins 1995 No 49, Sch 1 (3). Rep 1995 No 63, Sch 2 [3]. Ins 1999 No 94, Sch 3 [1].

310B Rescuing inmate from lawful custody

Any person who, by force, rescues or attempts to rescue an inmate from lawful custody is guilty of an offence.

Maximum penalty—imprisonment for 14 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310B–310F: Ins 1999 No 94, Sch 3 [1].

310C Aiding escape

Any person—

(a)  who aids an inmate in escaping or attempting to escape from lawful custody, or

(b)  who conveys anything or causes anything to be conveyed into a correctional centre or to an inmate with intent to facilitate the escape of an inmate,

is guilty of an offence.

Maximum penalty—imprisonment for 7 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310B–310F: Ins 1999 No 94, Sch 3 [1].

310D Escaping

Any inmate—

(a)  who escapes or attempts to escape from lawful custody, or

(b)  who, having been temporarily released from lawful custody, fails to return to lawful custody at the end of the time for which the inmate has been released,

is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310B–310F: Ins 1999 No 94, Sch 3 [1].

310E Tunnels to facilitate escape

(1)  A person who constructs, or takes part in the construction of, a tunnel that could reasonably be thought likely to be intended for use in facilitating an inmate’s escape from lawful custody is guilty of an offence.

Maximum penalty—imprisonment for 10 years.

(2)  It is not necessary for the prosecution to prove that the tunnel was actually intended for use in facilitating an escape, but it is a defence for the accused person to establish that he or she did not intend it to be so used.

(3)  In this section—

tunnel includes any partially completed tunnel and any excavation.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310B–310F: Ins 1999 No 94, Sch 3 [1].

310F Permitting escape

(1)  Any person who, being an officer of a correctional centre or a police officer, has actual custody of an inmate for the time being is guilty of an offence if he or she wilfully permits the inmate to escape from custody.

Maximum penalty—imprisonment for 7 years.

(2)  Any person who, being an officer of a correctional centre or a police officer, has actual custody of an inmate for the time being is guilty of an indictable offence if he or she negligently permits the inmate to escape from custody.

Maximum penalty—imprisonment for 2 years.

(3)  Any person who is employed by the management company of a managed correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999) as a custodian of inmates at, or travelling to or from, the correctional centre is, for the purposes of this section, an officer of a correctional centre.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310B–310F: Ins 1999 No 94, Sch 3 [1].

310G Harbouring escapee

(1)  Any person who knowingly harbours, maintains or employs an escaped inmate is guilty of an offence.

Maximum penalty—imprisonment for 3 years.

(2)  In this section—

escaped inmate includes a prisoner who has escaped from lawful custody in another State or Territory.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 310G: Ins 1999 No 94, Sch 3 [1]. Am 2007 No 38, Sch 2 [22].

310H Application of Part

This Part does not apply to or in respect of—

(a)  an inmate who is in lawful custody for the purpose of serving a sentence of imprisonment the subject of an intensive correction order under the Crimes (Sentencing Procedure) Act 1999, or

(b)  a detention centre or a detainee within the meaning of the Children (Detention Centres) Act 1987.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 310H: Ins 1999 No 94, Sch 3 [1]. Am 2000 No 53, Sch 3.3 [36]; 2010 No 48, Sch 5.4; 2017 No 53, Sch 4.9.

Part 6B Terrorism

pt 6B: Ins 2005 No 54, Sch 4. Rep 1900 No 40, sec 310L. Ins 2019 No 10, Sch 1.6 [2].

pt 6B, note: Ins 2005 No 54, Sch 4. Am 2007 No 14, Sch 3.1. Rep 2008 No 53, Sch 6 [1].

310I Definitions

In this Part—

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

terrorist organisation and member of a terrorist organisation have the meaning they are given by section 102.1 of the Commonwealth Criminal Code.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310I–310K: Ins 2005 No 54, Sch 4. Rep 1900 No 40, sec 310L. Ins 2019 No 10, Sch 1.6 [2].

310J Membership of terrorist organisation

(1)  A person commits an offence if—

(a)  the person intentionally is a member of a terrorist organisation, and

(b)  the organisation is a terrorist organisation, and

(c)  the person knows the organisation is a terrorist organisation.

Maximum penalty—Imprisonment for 10 years.

(2)  Subsection (1) does not apply if the person proves that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310I–310K: Ins 2005 No 54, Sch 4. Rep 1900 No 40, sec 310L. Ins 2019 No 10, Sch 1.6 [2].

310K Multiplicity of offences

If—

(a)  an act or omission is an offence against both this Part and the Commonwealth Criminal Code, and

(b)  the offender has been punished for that offence under the Commonwealth Criminal Code,

the offender is not liable to be punished for the offence under this Part.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

ss 310I–310K: Ins 2005 No 54, Sch 4. Rep 1900 No 40, sec 310L. Ins 2019 No 10, Sch 1.6 [2].

s 310L: Ins 2008 No 53, Sch 6 [2]. Am 2010 No 64, sec 3; 2013 No 64, sec 3; 2016 No 17, Sch 2. Rep 1900 No 40, sec 310L.

Part 7 Public justice offences

pt 7: Subst 1990 No 51, Sch 1 (2).

Division 1 Definitions

311 Definitions

(1)  In this Part—

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

benefit means any benefit or advantage whether or not in money or money’s worth.

judicial officer means a person who is, or who alone or with others constitutes, a judicial tribunal and includes a coroner.

judicial proceeding means a proceeding in or before a judicial tribunal in which evidence may be taken on oath.

judicial tribunal means a person (including a coroner and an arbitrator), court or body authorised by law, or by consent of parties, to conduct a hearing for the purpose of the determination of any matter or thing and includes a person, court or body authorised to conduct a committal proceeding.

public justice official means a person who is a public officer employed in any capacity (other than as a judicial officer) for the investigation, detection or prosecution of offenders.

(2)  In this Part, a reference to the making of a statement on oath includes a reference to the verification of a statement on oath.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 311: Ins 1990 No 51, Sch 1 (2). Am 1993 No 79, sec 5; 1999 No 94, Sch 3 [44]; 2018 No 33, Sch 1 [54].

312 Meaning of “pervert the course of justice”

A reference in this Part to perverting the course of justice is a reference to obstructing, preventing, perverting or defeating the course of justice or the administration of the law.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 312: Ins 1990 No 51, Sch 1 (2).

313 Knowledge about type of offence is unnecessary

If it is an element of an offence under this Part that an offence is a serious indictable offence or child abuse offence (within the meaning of section 316A), it is not necessary for the prosecution to establish that the accused knew that the offence was a serious indictable offence or child abuse offence (within the meaning of section 316A).

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 313: Ins 1990 No 51, Sch 1 (2). Am 1999 No 94, Sch 3 [45]; 2018 No 33, Sch 1 [55].

Division 2 Interference with the administration of justice

314 False accusations etc

A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 314: Ins 1990 No 51, Sch 1 (2).

315 Hindering investigation etc

(1)  A person who does anything intending in any way to hinder—

(a)  the investigation of a serious indictable offence committed by another person, or

(b)  the discovery of evidence concerning a serious indictable offence committed by another person, or

(c)  the apprehension of another person who has committed a serious indictable offence,

is liable to imprisonment for 7 years.

(2)  For the purposes of subsection (1), a person is to be considered to have committed a serious indictable offence if a public officer engaged in the detection or investigation of offenders suspects on reasonable grounds that a person has committed the offence.

(3)  It is not an offence against this section merely to refuse or fail to divulge information or produce evidence.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 315: Ins 1990 No 51, Sch 1 (2). Am 1999 No 94, Sch 3 [45].

315A Threatening or intimidating victims or witnesses

(1)  A person who threatens to do or cause, or who does or causes, any injury or detriment to any other person intending to influence any person not to bring material information about an indictable offence to the attention of a police officer or other appropriate authority is liable to imprisonment for 7 years.

(2)  In this section—

material information means information that a person has that might be of material assistance in securing the apprehension of a person who has committed an indictable offence, or the prosecution or conviction of any such person.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 315A: Ins 2001 No 84, Sch 1 [13].

316 Concealing serious indictable offence

(1)  An adult—

(a)  who knows or believes that a serious indictable offence has been committed by another person, and

(b)  who knows or believes that he or she has information that might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for that offence, and

(c)  who fails without reasonable excuse to bring that information to the attention of a member of the NSW Police Force or other appropriate authority,

is guilty of an offence.

Maximum penalty—Imprisonment for—

(a)  2 years—if the maximum penalty for the serious indictable offence is not more than 10 years imprisonment, or

(b)  3 years—if the maximum penalty for the serious indictable offence is more than 10 years imprisonment but not more than 20 years imprisonment, or

(c)  5 years—if the maximum penalty for the serious indictable offence is more than 20 years imprisonment.

(1A)  For the purposes of subsection (1), a person has a reasonable excuse for failing to bring information to the attention of a member of the NSW Police Force or other appropriate authority if—

(a)  the information relates to a sexual offence or a domestic violence offence against a person (the alleged victim), and

(b)  the alleged victim was an adult at the time the information was obtained by the person, and

(c)  the person believes on reasonable grounds that the alleged victim does not wish the information to be reported to police or another appropriate authority.

(1B)  Subsection (1A) does not limit the grounds on which it may be established that a person has a reasonable excuse for failing to bring information to the attention of a member of the NSW Police Force or other appropriate authority.

(2)  A person who solicits, accepts or agrees to accept any benefit for the person or any other person in consideration for doing anything that would be an offence under subsection (1) is guilty of an offence.

Maximum penalty—Imprisonment for—

(a)  5 years—if the maximum penalty for the serious indictable offence is not more than 10 years imprisonment, or

(b)  6 years—if the maximum penalty for the serious indictable offence is more than 10 years imprisonment but not more than 20 years imprisonment, or

(c)  7 years—if the maximum penalty for the serious indictable offence is more than 20 years imprisonment.

(3)  It is not an offence against subsection (2) merely to solicit, accept or agree to accept the making good of loss or injury caused by an offence or the making of reasonable compensation for that loss or injury.

(4)  A prosecution for an offence against subsection (1) is not to be commenced against a person without the approval of the Director of Public Prosecutions if the knowledge or belief that an offence has been committed was formed or the information referred to in the subsection was obtained by the person in the course of practising or following a profession, calling or vocation prescribed by the regulations for the purposes of this subsection.

(5)  The regulations may prescribe a profession, calling or vocation as referred to in subsection (4).

(6)  In this section—

domestic violence offence has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

serious indictable offence does not include a child abuse offence (within the meaning of section 316A).

Note.

Concealing a child abuse offence is an offence under section 316A. A section 316A offence can only be committed by an adult.

sexual offence means the following offences—

(a)  an offence under a provision of Division 10 of Part 3 where the alleged victim is an adult,

(b)  an offence under a previous enactment that is substantially similar to an offence referred to in paragraph (a).

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 316: Ins 1990 No 51, Sch 1 (2). Am 1997 No 85, Sch 1.2 [3]; 1998 No 54, Sch 2.6 [6]; 1999 No 94, Sch 3 [45]; 2018 No 33, Sch 1 [56] [57]; 2018 No 94, Sch 2.2 [1]; 2020 No 26, Sch 1.4[1] [2].

316A Concealing child abuse offence

(1)  An adult—

(a)  who knows, believes or reasonably ought to know that a child abuse offence has been committed against another person, and

(b)  who knows, believes or reasonably ought to know that he or she has information that might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for that offence, and

(c)  who fails without reasonable excuse to bring that information to the attention of a member of the NSW Police Force as soon as it is practicable to do so,

is guilty of an offence.

Maximum penalty—Imprisonment for—

(a)  2 years—if the maximum penalty for the child abuse offence is less than 5 years imprisonment, or

(b)  5 years—if the maximum penalty for the child abuse offence is 5 years imprisonment or more.

(2)  For the purposes of subsection (1), a person has a reasonable excuse for failing to bring information to the attention of a member of the NSW Police Force if—

(a)  the person believes on reasonable grounds that the information is already known to police, or

(b)  the person has reported the information in accordance with the applicable requirements under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 or Part 4 of the Children’s Guardian Act 2019 or believes on reasonable grounds that another person has done so, or

(c)  immediately before the repeal of Part 3A of the Ombudsman Act 1974 by the Children’s Guardian Act 2019, the person had reported the information to the Ombudsman under that Part, or believed on reasonable grounds that another person had done so, or

(d)  the person has reasonable grounds to fear for the safety of the person or any other person (other than the offender) if the information were to be reported to police, or

(e)  the information was obtained by the person when the person was under the age of 18 years, or

(f)  the alleged victim was an adult at the time that the information was obtained by the person and the person believes on reasonable grounds that the alleged victim does not wish the information to be reported to police, or

(g)  the information is about an offence under section 60E that did not result in any injury other than a minor injury (for example, minor bruising, cuts or grazing of the skin) and the alleged offender and the alleged victim are both school students who are under the age of 18 years, but only if the person is a member of staff of—

(i)  a government school and the person has taken reasonable steps to ensure that the incident reporting unit (however described) of the Department of Education is made aware of the alleged offence, or

(ii)  a non-government school and the person has taken reasonable steps to ensure that the principal or governing body of the school is made aware of the alleged offence.

(3)  Subsection (2) does not limit the grounds on which it may be established that a person has a reasonable excuse for failing to bring information to the attention of a member of the NSW Police Force.

(4)  A person who solicits, accepts or agrees to accept any benefit for the person or any other person in consideration for doing anything that would be an offence under subsection (1) is guilty of an offence.

Maximum penalty—Imprisonment for—

(a)  5 years—if the maximum penalty for the child abuse offence is less than 5 years imprisonment, or

(b)  7 years—if the maximum penalty for the child abuse offence is 5 years imprisonment or more.

(5)  It is not an offence under subsection (4) merely to solicit, accept or agree to accept the making good of loss or injury caused by an offence or the making of reasonable compensation for that loss or injury.

(6)  A prosecution for an offence under subsection (1) is not to be commenced against a person without the approval of the Director of Public Prosecutions in respect of information obtained by an adult in the course of practising or following a profession, calling or vocation prescribed by the regulations for the purposes of this subsection.

(7)  The regulations may prescribe a profession, calling or vocation as referred to in subsection (6).

(8)  The reporting of information by a person in good faith under this section—

(a)  does not constitute unprofessional conduct or a breach of professional ethics on the part of the person, and

(b)  does not make the person subject to any civil liability in respect of it (including liability for defamation).

(9)  In this section—

child means a person who is under the age of 18 years.

child abuse offence means—

(a)  murder or manslaughter of a child (including under section 22A), or

(b)  an offence under section 27, 29, 33, 35, 37, 38, 38A, 39, 41, 41A, 44, 45, 45A, 46, 59, 60E, 86 or 91J or Division 10, 10A, 10B or 15 of Part 3 where the alleged victim is a child, or

(c)  an offence under section 42, 43, 43A, 91G or 91H, or

(d)  an offence under a provision of this Act set out in Column 1 of Schedule 1A where the alleged victim was a child, or

(e)  an offence of attempting to commit an offence referred to in paragraphs (a)–(d), or

(f)  an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)–(e).

government school and non-government school have the same meanings as in the Education Act 1990.

member of staff, school and school student have the same meanings as in Division 8B of Part 3.

obtain includes receive or become aware of.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 316A: Ins 2018 No 33, Sch 1 [58]. Am 2018 No 94, Sch 2.2 [2]–[5]; 2019 No 25, Sch 5.15[1] [2].

317 Tampering etc with evidence

A person who, with intent to mislead any judicial tribunal in any judicial proceeding—

(a)  suppresses, conceals, destroys, alters or falsifies anything knowing that it is or may be required as evidence in any judicial proceeding, or

(b)  fabricates false evidence (other than by perjury or suborning perjury), or

(c)  knowingly makes use of fabricated false evidence,

is liable to imprisonment for 10 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 317: Ins 1990 No 51, Sch 1 (2).

318 Making or using false official instrument to pervert the course of justice

(1)  In this section—

official instrument means an instrument of a kind that is made or issued by a person in his or her capacity as a public officer or by a judicial tribunal.

(2)  A person who makes a false official instrument, or who makes a copy of an instrument which the person knows to be a false official instrument, with the intention that—

(a)  he or she or another person will use it to induce another person to accept the instrument as genuine or to accept the copy as a copy of a genuine official instrument, and

(b)  that acceptance will pervert the course of justice,

is liable to imprisonment for 14 years.

(3)  A person who uses an instrument which the person knows to be a false official instrument, or who uses a copy of an instrument which the person knows to be a false official instrument, with the intention—

(a)  of inducing another person to accept the instrument as genuine or to accept the copy as a copy of a genuine official instrument, and

(b)  of thereby perverting the course of justice,

is liable to imprisonment for 14 years.

(4)  Section 250 applies to the interpretation of this section.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 318: Ins 1990 No 51, Sch 1 (2). Am 2009 No 99, Sch 2 [23].

319 General offence of perverting the course of justice

A person who does any act, or makes any omission, intending in any way to pervert the course of justice, is liable to imprisonment for 14 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 319: Ins 1990 No 51, Sch 1 (2).

Division 3 Interference with judicial officers, witnesses, jurors etc

320 Extended meaning of “giving evidence”

In this Division, a reference to the giving of evidence includes a reference to the production of anything to be used as evidence.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 320: Ins 1990 No 51, Sch 1 (2).

321 Corruption of witnesses and jurors

(1)  A person who confers or procures or offers to confer or procure or attempt to procure any benefit on or for any person—

(a)  intending to influence any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or

(b)  intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, and intending to pervert the course of justice,

is liable to imprisonment for 10 years.

(2)  A person who solicits, accepts or agrees to accept any benefit for himself or herself or any other person—

(a)  in consideration for any agreement or undertaking that any person will as a witness in any judicial proceeding give false evidence or withhold true evidence or not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or

(b)  on account of anything to be done or omitted to be done by him or her or another person as a juror in any judicial proceeding, or on account of his or her or another person’s not attending as a juror in any judicial proceeding, intending to pervert the course of justice,

is liable to imprisonment for 10 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 321: Ins 1990 No 51, Sch 1 (2).

322 Threats or intimidation—judges and other persons connected with judicial proceedings

(1)  A person who, without reasonable excuse, threatens to do or cause, or does or causes, any injury or detriment to any person—

(a)  intending to influence a person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or

(b)  intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, or

(c)  intending to influence any person in the person’s conduct as a judicial officer, or

(d)  intending to influence any person in the person’s conduct as a public justice official in or in connection with any judicial proceeding, or

(e)  intending to influence a person in the person’s conduct as an Australian legal practitioner acting—

(i)  for a defendant in a criminal matter, or

(ii)  in connection with criminal proceedings,

is liable to imprisonment for 10 years.

(2)  In this section—

reasonable excuse includes—

(a)  making, or threatening to make, a complaint about a person to a person or body acting in an official capacity, including the following—

(i)  a professional body,

(ii)  the Judicial Commission of New South Wales,

(iii)  the NSW Legal Services Commissioner, and

(b)  ending, or threatening to end, a retainer.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 322: Ins 1990 No 51, Sch 1 (2). Am 2022 No 70, Sch 1[1]–[4].

323 Influencing witnesses and jurors

A person who does any act—

(a)  intending to procure, persuade, induce or otherwise cause any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce any thing in evidence pursuant to a summons or subpoena, or

(b)  intending, other than by the production of evidence and argument in open court, to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not,

is liable to imprisonment for 7 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 323: Ins 1990 No 51, Sch 1 (2).

324 Increased penalty if serious indictable offence involved

A person who commits an offence against section 321, 322(1) or 323 intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 324: Ins 1990 No 51, Sch 1 (2). Am 1999 No 94, Sch 3 [45]; 2022 No 70, Sch 1[5] [6].

325 Preventing, obstructing or dissuading witness or juror from attending etc

(1)  A person who without lawful excuse wilfully prevents, obstructs or dissuades a person called as a witness in any judicial proceeding from attending as a witness or from producing anything in evidence pursuant to a summons or subpoena is liable to imprisonment for 5 years.

(1A)  A person who without lawful excuse wilfully prevents, obstructs or dissuades another person who the person believes may be called as a witness in any judicial proceeding from attending the proceeding is liable to imprisonment for 5 years.

(2)  A person who without lawful excuse wilfully prevents, obstructs or dissuades a person summoned as a juror in any judicial proceeding from attending as a juror is liable to imprisonment for 5 years.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 325: Ins 1990 No 51, Sch 1 (2). Am 1995 No 23, Sch 1.2 [9].

326 Reprisals—judges and other persons connected with judicial proceedings

(1)  A person who, without reasonable excuse, threatens to do or cause, or does or causes, any injury or detriment to any person on account of anything lawfully done by a person—

(a)  as a witness or juror in any judicial proceeding, or

(b)  as a judicial officer, or

(c)  as a public justice official in or in connection with any judicial proceeding, or

(d)  as an Australian legal practitioner acting—

(i)  for a defendant in a criminal matter, or

(ii)  in connection with criminal proceedings,

is liable to imprisonment for 10 years.

(2)  A person who threatens to do or cause, or who does or causes, any injury or detriment to another person because the person believes the other person will or may be or may have been called as a witness, or will or may serve or may have served as a juror, in any judicial proceeding is liable to imprisonment for 10 years.

(3)  For the purposes of this section, it is immaterial whether the accused acted wholly or partly for a reason specified in subsection (1) or (2).

(4)  In this section—

reasonable excuse includes—

(a)  making, or threatening to make, a complaint about a person to a person or body acting in an official capacity, including the following—

(i)  a professional body,

(ii)  the Judicial Commission of New South Wales,

(iii)  the NSW Legal Services Commissioner, and

(b)  ending, or threatening to end, a retainer.

pt 6 (ss 300–326): Rep 1951 No 31, sec 5 (b).

pt 6 (ss 299–326): Ins 1983 No 184, Sch 1 (2). Rep 1986 No 133, sec 4 (b). For information concerning sec 299 before the commencement of 1983 No 184, Sch 1 (2) see the historical table of amendments, item (2) in the Legislative history.

s 326: Ins 1990 No 51, Sch 1 (2). Am 1995 No 23, Sch 1.2 [10]; 2022 No 70, Sch 1[7]–[10].

Division 4 Perjury, false statements etc

327 Offence of perjury

(1)  Any person who in or in connection with any judicial proceeding makes any false statement on oath concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury and liable to imprisonment for 10 years.

(2)  A statement can be considered to have been made in connection with a judicial proceeding whether or not a judicial proceeding has commenced, or ever commences, in connection with it.

(3)  The determination of whether a statement is material to a judicial proceeding that has not commenced is to be made on the basis of any judicial proceeding likely to arise in connection with the statement.

(4)  The question of whether any matter is material to a proceeding is a question of law.

s 327: Subst 1990 No 51, Sch 1 (2).

328 Perjury with intent to procure conviction or acquittal

Any person who commits perjury intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.

s 328: Subst 1990 No 51, Sch 1 (2). Am 1999 No 94, Sch 3 [45].

329 Conviction for false swearing on indictment for perjury

If on the trial of a person for perjury the jury is not satisfied that the accused is guilty of perjury but is satisfied on the evidence that the accused is guilty of an offence under section 330 (False statement on oath not amounting to perjury) it may find the accused not guilty of the offence charged but guilty of the latter offence and the accused is liable to punishment accordingly.

s 329: Am 1951 No 31, Sch. Subst 1990 No 51, Sch 1 (2).

330 False statement on oath not amounting to perjury

A person who makes on oath any false statement knowing the statement to be false or not believing it to be true, if it is not perjury, is liable to imprisonment for 5 years.

s 330: Subst 1990 No 51, Sch 1 (2).

331 Contradictory statements on oath

If on the trial of a person for perjury or for an offence under section 330 (False statement on oath not amounting to perjury)—

(a)  the trier of fact is satisfied that the accused has made 2 statements on oath and one is irreconcilably in conflict with the other, and

(b)  the trier of fact is satisfied that one of the statements was made by the accused knowing it was false or not believing it was true but the trier of fact cannot say which statement was so made,

the trier of fact may make a special finding to that effect and find the accused guilty of perjury or of an offence under section 330, as appropriate, and the accused is liable to punishment accordingly.

s 331: Subst 1990 No 51, Sch 1 (2). Am 2007 No 57, Sch 3 [3].

332 Certain technical defects provided for

If on the trial of a person for perjury or for an offence under section 330 (False statement on oath not amounting to perjury)—

(a)  any affidavit, deposition, examination or declaration offered in evidence is wrongly entitled or otherwise informal or defective, or

(b)  the jurat to any such instrument is informal or defective,

the accused is not entitled to an acquittal because of the omission, defect or informality but the instrument (if otherwise admissible) may be given in evidence and used for all purposes of the trial.

s 332: Subst 1990 No 51, Sch 1 (2).

333 Subornation of perjury

(1)  A person who procures, persuades, induces or otherwise causes a person to give false testimony the giving of which is perjury is guilty of subornation of perjury and liable to imprisonment for 7 years.

(2)  A person who commits subornation of perjury intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.

s 333: Rep 1985 No 149, Sch 1 (2). Ins 1990 No 51, Sch 1 (2). Am 1999 No 94, Sch 3 [45].

334 General provisions applicable to perjury and false statement offences

It is immaterial for the purposes of this Division—

(a)  whether a statement on oath is given orally or in writing, or

(b)  which forms and ceremonies are used in administering the oath (or otherwise binding the person giving the testimony to speak the truth) so long as the person assents to the forms and ceremonies actually used, or

(c)  whether (in the case of a statement made in a judicial proceeding) the judicial tribunal concerned is properly constituted or held in the proper place or not, so long as it actually acts as a judicial tribunal in the proceeding in which the statement is made, or

(d)  whether the person who makes the statement is a competent witness or not, or whether the statement is admissible in the proceeding or not, or

(e)  in the case of judicial proceedings in an arbitration, whether the law governing the arbitration agreement or the proceedings, or any other relevant law, is or is not the law of New South Wales.

s 334: Subst 1990 No 51, Sch 1 (2).

335 False statements in evidence on commission

If a person, in giving any testimony (either orally or in writing) otherwise than on oath, when required to do so by an order under section 33 (Power of the Supreme Court to give effect to application for assistance) of the Evidence on Commission Act 1995, makes any statement that is false in a material particular, knowing the statement to be false or not believing it to be true, is liable to imprisonment for 5 years.

s 335: Subst 1990 No 51, Sch 1 (2). Am 1995 No 27, Sch 1.

336 False entry on public register

(1)  A person who for an improper purpose makes a statement for the making of an entry in any register kept by a public officer for a public purpose, knowing the statement to be false or misleading in a material particular, is liable to imprisonment for 5 years.

(2)  A person who for an improper purpose makes an entry in any register kept by a public officer for a public purpose, knowing the entry to be false or misleading in a material particular, is liable to imprisonment for 5 years.

s 336: Am 1974 No 50, sec 7 (b). Subst 1990 No 51, Sch 1 (2).

337 False instruments issued by public officers

A public officer who, being authorised or required to issue an instrument whereby any person may be prejudicially affected, issues the instrument for an improper purpose knowing it to be false in a material particular is liable to imprisonment for 5 years.

s 337: Subst 1990 No 51, Sch 1 (2).

338 Restrictions on prosecutions for perjury

(1)  A person is not to be prosecuted for perjury except—

(a)  by the Director of Public Prosecutions, or

(b)  at the direction of the Attorney General, or

(c)  by any other person with leave of the judicial officer who constituted the judicial tribunal before which the perjury is alleged to have been committed.

(2)  If it is impossible or impracticable to apply for leave to prosecute in accordance with subsection (1) (c), the prosecution may be instituted with leave of the Supreme Court.

(3)  A person is not to be prosecuted for perjury (except by the Director of Public Prosecutions or at the direction of the Attorney General) unless notice of the proposed prosecution has been given to the Director of Public Prosecutions.

s 338: Rep 1951 No 31, sec 2 (x). Ins 1988 No 64, Sch 2 (1). Subst 1990 No 51, Sch 1 (2).

339 Application of Division to perjury under other Acts

Any false oath declared by any Act to be perjury or made punishable as perjury by any Act is to be considered to be perjury for the purposes of this Act.

s 339: Subst 1990 No 51, Sch 1 (2).

Division 5 Miscellaneous

340 Extent of abolition of offences

The offences at common law abolished by this Division are abolished for all purposes not relating to offences committed before the commencement of this Part (as substituted by the Crimes (Public Justice) Amendment Act 1990).

s 340: Am 1924 No 10, sec 11 (a); 1951 No 31, sec 2 (y); 1978 No 166, Sch 1 (3); 1980 No 53, Schs 1 (4), 2 (10); 1982 No 81, Sch 1 (2) (rep); 1987 No 58, Sch 3; 1987 No 273, Sch 1. Subst 1990 No 51, Sch 1 (2).

341 Certain common law offences abolished

The following offences at common law are abolished—

•  the offence of perverting the course of justice,

•  the offence of attempting or conspiring to pervert the course of justice,

•  the offence of falsely accusing a person of a crime or of procuring a person to falsely accuse a person of a crime,

•  the offence of concealing evidence so that a person is falsely accused of a crime,

•  the offence of attempting to pervert the course of justice by assisting a person to avoid arrest,

•  the offence of persuading a person to make a false statement to police to mislead them in their investigation,

•  the offence of procuring a person to make a false accusation,

•  the offence of misprision of felony,

•  the offence of compounding a felony,

•  the offence of dissuading, intimidating or preventing, or attempting to dissuade, intimidate or prevent, a person who is bound to give evidence in a criminal matter from doing so,

•  the offence of using threats or persuasion to witnesses to induce them not to appear or give evidence in courts of justice,

•  the offence of perjury,

•  the offence of embracery (attempting to corrupt, influence or instruct a jury or to induce a jury to favour one side more than the other),

•  personating a juror.

s 341: Am 1924 No 10, sec 11 (b); 1929 No 2, sec 9; 1951 No 31, Sch; 1980 No 53, Schs 1 (5), 2 (11). Subst 1990 No 51, Sch 1 (2).

342 Certain conspiracy offences not affected

The abolition of the common law offence of conspiring to pervert the course of justice does not prevent a prosecution for an offence of conspiring to commit an offence against this Part.

s 342: Subst 1990 No 51, Sch 1 (2).

343 Certain common law offences not abolished

To remove any doubt, it is declared that the following offences at common law are not abolished by this Division—

(a)  the offence of escaping from lawful custody,

(b)  the offence of assisting a person to escape from lawful custody,

(c)  the offence of refusing to assist a peace officer in the execution of his or her duty in preventing a breach of the peace.

s 343: Subst 1990 No 51, Sch 1 (2).

343A Saving of other punishments

Nothing in this Part prevents or affects any other punishment, or any forfeiture, provided under any Act.

s 343A: Ins 1990 No 51, Sch 1 (2).

Part 8 (Repealed)

pt 8, hdg: Rep 1990 No 51, Sch 1 (2). Ins 1998 No 113, Sch 2.4. Rep 2007 No 38, Sch 2 [23].

pt 8: Rep 1990 No 51, Sch 1 (2). Ins 1998 No 113, Sch 2.4.

344 (Renumbered as sec 93V) s 344: Rep 1990 No 51, Sch 1 (2). Ins 1998 No 113, Sch 2.4. Renumbered as sec 93V, 2007 No 38, Sch 2 [19].

Part 8A Attempts

pt 8A: Ins 1974 No 50, sec 7 (c).

344A Attempts

(1)  Subject to this Act, any person who attempts to commit any offence for which a penalty is provided under this Act shall be liable to that penalty.

(2)  Where a person is convicted of an attempt to commit an offence and the offence concerned is a serious indictable offence the person shall be deemed to have been convicted of a serious indictable offence.

s 344A: Ins 1974 No 50, sec 7 (c). Am 1999 No 94, Sch 3 [29].

Part 9 Abettors and accessories

345 Principals in the second degree—how tried and punished

Every principal in the second degree in any serious indictable offence shall be liable to the same punishment to which the person would have been liable had the person been the principal in the first degree.

s 345: Am 1985 No 58, Sch 1 (3); 1999 No 94, Sch 3 [46]; 2007 No 57, Sch 3 [4].

346 Accessories before the fact—how tried and punished

Every accessory before the fact to a serious indictable offence may be indicted, convicted, and sentenced, either before or after the trial of the principal offender, or together with the principal offender, or indicted, convicted, and sentenced, as a principal in the offence, and shall be liable in either case to the same punishment to which the person would have been liable had the person been the principal offender, whether the principal offender has been tried or not, or is amenable to justice or not.

s 346: Am 1999 No 94, Sch 3 [47]–[50]; 2007 No 57, Sch 3 [5].

347 Accessories after the fact—how tried and punished

Every accessory after the fact to a serious indictable offence may be indicted, convicted, and sentenced as such accessory, either before, or together with, or after the trial of the principal offender, whether the principal offender has been previously tried or not, or is amenable to justice or not.

s 347: Am 1999 No 94, Sch 3 [51]–[53].

347A Wife may be accessory after fact to husband’s felony

(1)  The common law rule granting immunity to a wife against prosecution as an accessory after the fact to a felony committed by her husband is abolished.

(2)  This section does not apply in respect of any act of, or omission by, a wife if the act or omission occurred before the commencement of this section.

s 347A: Ins 1998 No 53, Sch 3.

348 Punishment of accessories after the fact to certain treason-related offences

Every accessory after the fact to an offence under section 12 shall be liable to imprisonment for two years.

s 348: Am 1999 No 94, Sch 3 [54].

349 Punishment of accessories after the fact to murder etc

(1)  Every accessory after the fact to murder shall be liable to imprisonment for 25 years.

(2)  Every accessory after the fact to the crime of robbery with arms or in company with one or more person or persons, or the crime of kidnapping referred to in section 86, shall be liable to imprisonment for fourteen years.

s 349: Subst 1951 No 31, sec 6 (b). Am 1961 No 70, sec 2 (c); 1989 No 218, Sch 1 (25); 2001 No 84, Sch 1 [14]; 2002 No 53, Sch 2.10 [1].

350 Punishment of accessories after the fact to other serious indictable offences

An accessory after the fact to any other serious indictable offence is liable to imprisonment for 5 years, except where otherwise specifically enacted.

s 350: Subst 1999 No 94, Sch 3 [55].

351 Trial and punishment of abettors of minor indictable offences

Any person who aids, abets, counsels, or procures, the commission of a minor indictable offence, whether the same is an offence at Common Law or by any statute, may be proceeded against and convicted together with or before or after the conviction of the principal offender and may be indicted, convicted, and punished as a principal offender.

s 351: Am 1974 No 50, sec 7 (d); 1999 No 94, Sch 3 [42] (am 2000 No 53, Sch 3.5 [6]) [56]; 2001 No 121, Sch 2.72 [6].

351A Recruiting persons to engage in criminal activity

(1)  A person (not being a child) who recruits another person to carry out or assist in carrying out a criminal activity is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

(2)  A person (not being a child) who recruits a child to carry out or assist in carrying out a criminal activity is guilty of an offence.

Maximum penalty—Imprisonment for 10 years.

(3)  In this section—

child means a person under the age of 18 years.

criminal activity means conduct that constitutes a serious indictable offence.

recruit means counsel, procure, solicit, incite or induce.

s 351A: Ins 2001 No 84, Sch 1 [15]. Subst 2006 No 61, Sch 1 [17].

351B Aiders and abettors punishable as principals

(1)  Every person who aids, abets, counsels or procures the commission of any offence punishable on summary conviction may be proceeded against and convicted together with or before or after the conviction of the principal offender.

(2)  On conviction any such person is liable to the penalty and punishment to which the person would have been liable had the person been the principal offender.

(3)  This section applies to offences committed before or after the commencement of this section.

(4)  This section applies to an indictable offence that is being dealt with summarily.

s 351B: Ins 2001 No 121, Sch 2.72 [7]. Am 2007 No 57, Sch 3 [6].

Part 10

pt 10, hdg: Am 1982 No 116, Sch 2 (2); 1985 No 38, Sch 1. Subst 1997 No 48, Sch 1 [2]. Rep 2006 No 128, Sch 4.1 [1].

pt 10: Rep 2006 No 128, Sch 4.1 [1].

352–353AE (Repealed)

s 352, hdg: Rep 1997 No 48, Sch 1 [3].

s 352: Am 1924 No 10, sec 12; 1935 No 13, sec 7 (1); 1987 No 48, Sch 4 (5); 1992 No 2, Sch 1 (8); 1999 No 94, Sch 3 [57]–[60]; 2001 No 121, Sch 2.72 [8]. Rep 2002 No 103, Sch 4.16 [1].

s 352AA: Ins 1985 No 27, sec 2. Am 1986 No 16, Sch 6; 1987 No 48, Sch 4 (6); 2001 No 121, Sch 2.72 [9] [10]. Rep 2002 No 103, Sch 4.16 [1].

s 352A: Ins 1983 No 10, Sch 2. Am 1983 No 170, Sch 2 (1); 2001 No 121, Sch 2.72 [11]. Rep 2002 No 103, Sch 4.16 [1].

s 353: Rep 2000 No 43, Sch 1 [9].

s 353A: Ins 1924 No 10, sec 13. Am 1951 No 31, sec 2 (z); 1983 No 10, Sch 3; 1982 No 81, Sch 1 (3) (rep); 1987 No 58, Sch 3; 1992 No 19, Sch 1 (1); 1995 No 23, Sch 1.2 [11]; 1997 No 85, Sch 1.2 [4]; 1997 No 115, Sch 4.4 [4]; 1997 No 135, Sch 1 [5]; 1999 No 19, Sch 2.6 [6] [7]; 2000 No 59, Sch 1.1; 2004 No 17, Sch 2.1. Rep 2002 No 103, Sch 4.16 [2].

s 353AA: Ins 1982 No 81, Sch 1 (4) (rep); 1987 No 58, Sch 3. Am 1992 No 19, Sch 1 (2); 2001 No 121, Sch 2.72 [12]. Rep 2002 No 103, Sch 4.16 [2].

s 353AB: Ins 1982 No 81, Sch 1 (4) (rep); 1987 No 58, Sch 3. Am 1987 No 273, Sch 1. Rep 2002 No 103, Sch 4.16 [2].

s 353AC: Ins 1996 No 112, Sch 1. Rep 1999 No 94, Sch 3 [2]. Ins 2002 No 46, Sch 2. Rep 2006 No 128, Sch 4.1 [1] (transferred to the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, sec 138A).

s 353AD: Ins 2002 No 46, Sch 2. Rep 2006 No 128, Sch 4.1 [1] (transferred to the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, sec 138B).

s 353AE: Ins 2002 No 46, Sch 2. Rep 2006 No 128, Sch 4.1 [1] (transferred to the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, sec 138C).

353B (Renumbered as sec 547D) s 353B: Ins 1929 No 2, sec 16 (2). Am 1974 No 50, sec 7 (e); 1980 No 53, Sch 2 (12); 1992 No 112, Sch 1. Renumbered as sec 547D, 2006 No 128, Sch 4.1 [1].

353C (Repealed)

s 353C: Ins 1967 No 77, sec 2 (g). Rep 2006 No 128, Sch 4.1 [1] (transferred to the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, sec 104A).

Parts 10A, 10B

354–358C  (Repealed)

pt 10A, hdg: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

s 354, hdg: Rep 1985 No 38, Sch 1.

s 354: Am 1924 No 10, sec 14. Subst 1974 No 50, sec 7 (f). Am 1979 No 72, Sch 4 (1). Rep 1985 No 38, Sch 1. Ins 1997 No 48, Sch 1 [4]. Am 2001 No 121, Sch 2.72 [13]. Rep 2002 No 103, Sch 4.16 [3].

s 355: Rep 1985 No 38, Sch 1. Ins 1997 No 48, Sch 1 [4]. Am 2001 No 121, Sch 2.72 [14] [15]. Rep 2002 No 103, Sch 4.16 [3].

s 356: Am 1951 No 31, Sch; 1974 No 50, sec 7 (g); 1980 No 53, Sch 2 (13). Rep 1985 No 38, Sch 1. Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

s 356A: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

s 356B: Ins 1997 No 48, Sch 1 [4]. Am 1999 No 19, Sch 2.6 [8]. Rep 2002 No 103, Sch 4.16 [3].

s 356C: Ins 1997 No 48, Sch 1 [4]. Am 2001 No 121, Sch 2.72 [13] [16]. Rep 2002 No 103, Sch 4.16 [3].

s 356D: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

s 356E: Ins 1997 No 48, Sch 1 [4]. Am 2000 No 53, Sch 3.3 [37]; 2001 No 121, Sch 2.72 [17]. Rep 2002 No 103, Sch 4.16 [3].

s 356F: Ins 1997 No 48, Sch 1 [4]. Am 2000 No 53, Sch 3.3 [38]; 2001 No 121, Sch 2.72 [18]. Rep 2002 No 103, Sch 4.16 [3].

s 356FA: Ins 2002 No 130, Sch 4 [4]. Rep 2002 No 103, Sch 4.16 [3].

ss 356G–356J: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

s 356K: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 28, Sch 4.27 [2].

ss 356L–356U: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

s 356V: Ins 1997 No 48, Sch 1 [4]. Am 1998 No 54, Sch 2.6 [7]; 2001 No 121, Sch 2.72 [13]. Rep 2002 No 103, Sch 4.16 [3].

s 356W: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

s 356X: Ins 1997 No 48, Sch 1 [4]. Am 1998 No 54, Sch 2.6 [8] [9]. Rep 2002 No 103, Sch 4.16 [3].

s 356Y: Ins 1997 No 48, Sch 1 [4]. Rep 2002 No 103, Sch 4.16 [3].

pt 10B, hdg: Ins 1997 No 48, Sch 1 [5]. Subst 2002 No 103, Sch 4.16 [4]. Rep 2007 No 38, Sch 2 [24].

pt 10B, div 1, hdg: Ins 2000 No 53, Sch 3.3 [39]. Rep 2002 No 103, Sch 4.16 [5].

s 357: Subst 1974 No 50, sec 7 (h). Rep 1985 No 38, Sch 1. Ins 1989 No 27, Sch 1 (4). Am 1998 No 54, Sch 2.6 [2]; 1998 No 127, Sch 3.2 [2] [3]; 2004 No 48, Sch 1 [10]. Rep 2002 No 103, Sch 4.16 [5].

s 357A, hdg: Ins 1985 No 38, Sch 1. Rep 2000 No 53, Sch 3.3 [1].

s 357A: Ins 1967 No 77, sec 2 (h). Am 2001 No 121, Sch 2.72 [20]. Rep 2002 No 103, Sch 4.16 [5].

ss 357B–357E: Ins 1979 No 72, Sch 4 (2). Rep 2002 No 103, Sch 4.16 [5].

pt 10B, div 2, hdg: Ins 2000 No 53, Sch 3.3 [40]. Rep 2002 No 103, Sch 4.16 [5].

s 357EA: Ins 1988 No 115, Sch 1 (4). Am 1991 No 92, Sch 2. Rep 2002 No 103, Sch 4.16 [5].

s 357EB, hdg: Ins 1995 No 49, Sch 1 (4). Rep 2000 No 53, Sch 3.3 [1].

s 357EB: Ins 1995 No 49, Sch 1 (4). Rep 1995 No 63, Sch 2 (4).

pt 10B, div 3, hdg: Ins 2000 No 53, Sch 3.3 [41]. Rep 2002 No 103, Sch 4.16 [5].

s 357F: Ins 1982 No 116, Sch 2 (3). Rep 2002 No 103, Sch 4.16 [5].

s 357G: Ins 1982 No 116, Sch 2 (3). Am 1985 No 38, Sch 1; 1997 No 135, Sch 1 [5] [6]; 1999 No 31, Sch 4.20 [1]; 2001 No 121, Sch 2.72 [21]. Rep 2002 No 103, Sch 4.16 [5].

s 357H: Ins 1982 No 116, Sch 2 (3). Am 1992 No 13, Sch 5 (3). Rep 2002 No 103, Sch 4.16 [5].

s 357I: Ins 1992 No 13, Sch 5 (4). Rep 2002 No 103, Sch 4.16 [5].

s 358, hdg: Rep 1999 No 94, Sch 3 [11].

s 358: Am 1970 No 52, Second Sch; 1986 No 212, Sch 1; 1992 No 112, Sch 1. Rep 1999 No 94, Sch 3 [11].

s 358A, hdg: Ins 1979 No 72, Sch 4 (3). Rep 2000 No 53, Sch 3.3 [1].

s 358A: Ins 1979 No 72, Sch 4 (3). Rep 1991 No 44, sec 4.

pt 10B, div 4, hdg: Ins 2000 No 53, Sch 3.3 [42]. Rep 2002 No 103, Sch 4.16 [5].

s 358B: Ins 1989 No 27, Sch 1 (5). Am 1992 No 13, Sch 5 (5); 1992 No 34, Sch 1; 1998 No 54, Sch 2.6 [2]; 2001 No 121, Sch 2.72 [19]. Rep 2002 No 103, Sch 4.16 [5].

pt 10B, div 5, hdg: Ins 2000 No 53, Sch 3.3 [43]. Rep 2002 No 103, Sch 4.16 [6].

s 358C, hdg: Ins 1996 No 6, Sch 1.

s 358C: Ins 1996 No 6, Sch 1. Rep 2007 No 38, Sch 2 [24].

Part 11 Criminal responsibility—defences

pt 11, hdg: Subst 2001 No 116, Sch 1 [2].

Division 1

359–416  (Repealed)

pt 11, div 1, hdg: Ins 2001 No 116, Sch 1 [2]. Rep 2007 No 38, Sch 2 [25].

s 359, hdg: Rep 1999 No 94, Sch 3 [12].

s 359: Rep 1999 No 94, Sch 3 [12].

s 360: Rep 1999 No 94, Sch 3 [12].

s 360A: Ins 1951 No 31, sec 2 (aa). Am 1955 No 16, sec 4 (a); 1980 No 53, Sch 2 (14); 1989 No 198, Sch 2 (1); 1990 No 108, Sch 1; 1992 No 112, Sch 1; 1999 No 94, Sch 3 [3] [13] [61].

s 361: Rep 1999 No 94, Sch 3 [12].

s 362: Rep 1999 No 94, Sch 3 [12].

s 363: Am 1999 No 94, Sch 3 [62]. Rep 1999 No 94, Sch 3 [12].

s 364: Rep 1999 No 94, Sch 3 [12].

s 365: Subst 1929 No 2, sec 10. Am 1978 No 166, Sch 1 (4). Rep 1999 No 94, Sch 3 [12].

s 366: Subst 1929 No 2, sec 10. Rep 1999 No 94, Sch 3 [12].

s 367: Rep 1999 No 94, Sch 3 [12].

s 368: Rep 1999 No 94, Sch 3 [12].

s 369: Am 1978 No 166, Sch 1 (5). Rep 1999 No 94, Sch 3 [12].

s 370: Am 1924 No 10, sec 15 (a); 1985 No 58, Sch 1 (4). Rep 1999 No 94, Sch 3 [12].

s 371: Am 1999 No 94, Sch 3 [63]. Rep 1999 No 94, Sch 3 [12].

ss 372–375: Rep 1999 No 94, Sch 3 [12].

s 376: Rep 1951 No 31, sec 2 (bb).

s 377: Rep 1951 No 31, sec 2 (bb).

s 378: Am 1999 No 94, Sch 3 [62]. Rep 1999 No 94, Sch 3 [12].

s 379: Rep 1981 No 42, Sch 1 (13).

s 379A: Ins 1955 No 16, sec 3 (b). Rep 1981 No 42, Sch 1 (13).

s 379B: Ins 1955 No 16, sec 3 (b). Rep 1981 No 42, Sch 1 (13).

s 380: Rep 1981 No 42, Sch 1 (13).

ss 381–383: Rep 1999 No 94, Sch 3 [12].

s 384: Am 1999 No 94, Sch 3 [21]. Rep 1999 No 94, Sch 3 [12].

s 385: Am 1999 No 94, Sch 3 [63]. Rep 1999 No 94, Sch 3 [12].

ss 386–391: Rep 1999 No 94, Sch 3 [12].

s 392: Am 1924 No 10, sec 15 (b). Rep 1999 No 94, Sch 3 [12].

s 393: Rep 1999 No 94, Sch 3 [12].

s 394 and hdg: Rep 1999 No 94, Sch 3 [12].

s 394A: Ins 1924 No 10, sec 16. Rep 1999 No 94, Sch 3 [12].

s 395: Rep 1999 No 94, Sch 3 [12].

s 396: Rep 1999 No 94, Sch 3 [12].

s 397: Rep 1951 No 31, sec 2 (bb).

s 398: Rep 1951 No 31, sec 2 (bb).

s 399: Am 1997 No 85, Sch 1.2 [5]. Rep 1999 No 94, Sch 3 [12].

s 399A: Ins 1997 No 86, Sch 1 [1]. Rep 1999 No 94, Sch 3 [12].

s 400: Am 1974 No 18, Sch 1; 1999 No 94, Sch 3 [62]. Rep 1999 No 94, Sch 3 [12].

s 401: Rep 1951 No 31, sec 3 (a).

s 402: Am 1983 No 10, Sch 4 (1); 1997 No 86, Sch 1 [2]. Rep 1999 No 94, Sch 3 [12].

s 403: Rep 1999 No 94, Sch 3 [12].

s 404: Am 1987 No 289, Sch 1 (1). Rep 1995 No 27, Sch 1.

s 404A: Ins 1994 No 26, Sch 1 (1). Rep 1999 No 94, Sch 3 [12].

s 405: Am 1951 No 31, sec 3 (b); 1983 No 10, Sch 4 (2); 1994 No 26, Sch 1 (2). Subst 1997 No 86, Sch 1 [3]. Rep 1999 No 94, Sch 3 [12].

s 405AA: Ins 1990 No 74, Sch 2. Rep 1999 No 94, Sch 3 [12].

s 405A: Ins 1974 No 50, sec 8 (a). Am 1986 No 212, Sch 1; 1994 No 26, Sch 1 (3). Rep 1999 No 94, Sch 3 [12].

s 405AB: Ins 1997 No 106, Sch 1 [2]. Rep 1999 No 94, Sch 3 [12].

s 405B: Ins 1981 No 42, Sch 1 (14). Am 1985 No 149, Sch 1 (3); 1987 No 48, Sch 4 (7); 1987 No 184, Sch 3 (4). Rep 1999 No 94, Sch 3 [12].

s 405C: Ins 1981 No 42, Sch 1 (14). Am 1985 No 149, Sch 1 (4); 1987 No 48, Sch 4 (8); 1987 No 184, Sch 3 (5). Rep 1995 No 27, Sch 1. Ins 1996 No 68, Sch 1 [1]. Rep 1997 No 143, Sch 1.2 [1].

s 405CA: Ins 1996 No 68, Sch 1 [1]. Rep 1997 No 143, Sch 1.2 [1].

s 405D: Ins 1990 No 49, Sch 1 (2). Am 1991 No 17, Sch 1. Subst 1996 No 68, Sch 1 [2]. Am 1997 No 135, Sch 1 [5]. Rep 1997 No 143, Sch 1.2 [1].

s 405DA: Ins 1996 No 68, Sch 1 [2]. Am 1997 No 135, Sch 1 [5]. Rep 1997 No 143, Sch 1.2 [1].

ss 405DB–405DD: Ins 1996 No 68, Sch 1 [2]. Rep 1997 No 143, Sch 1.2 [1].

s 405E: Ins 1990 No 49, Sch 1 (2). Am 1996 No 68, Sch 1 [3] [4]; 1998 No 54, Sch 2.6 [10]. Rep 1997 No 143, Sch 1.2 [1].

s 405F: Ins 1990 No 49, Sch 1 (2). Am 1991 No 17, Sch 1. Subst 1996 No 68, Sch 1 [5]. Rep 1997 No 143, Sch 1.2 [1].

s 405FA: Ins 1996 No 68, Sch 1 [5]. Rep 1997 No 143, Sch 1.2 [1].

s 405G: Ins 1990 No 49, Sch 1 (2). Rep 1991 No 17, Sch 1.

s 405H: Ins 1990 No 49, Sch 1 (2). Am 1990 No 108, Sch 1. Subst 1996 No 68, Sch 1 [6]. Rep 1997 No 143, Sch 1.2 [1].

s 405I: Ins 1990 No 49, Sch 1 (2). Am 1996 No 68, Sch 1 [7]. Rep 1997 No 143, Sch 1.2 [1].

s 406, hdg: Rep 1999 No 94, Sch 3 [12].

s 406: Am 1924 No 10, sec 15 (c); 1980 No 53, Sch 2 (15); 1986 No 212, Sch 1; 1999 No 31, Sch 4.20 [2]. Rep 1999 No 94, Sch 3 [12].

s 407: Am 1924 No 10, sec 15 (d); 1926 No 4, sec 2; 1974 No 50, sec 8 (b); 1982 No 116, Sch 1 (2); 1988 No 92, Sch 26. Rep 1995 No 27, Sch 1.

s 407AA: Ins 1982 No 116, Sch 1 (3). Am 1985 No 149, Sch 1 (5); 1987 No 184, Sch 1 (3); 1989 No 62, Sch 1 (3); 1989 No 198, Sch 1 (8); 1995 No 99, Sch 2.4 [1]; 1997 No 135, Sch 1 [5] [7]. Rep 1999 No 94, Sch 3 [12].

s 407A: Ins 1924 No 10, sec 17. Rep 2007 No 38, Sch 2 [26].

s 408: Rep 1995 No 27, Sch 1.

s 409: Am 1924 No 10, sec 15 (e); 1954 No 32, sec 3; 1955 No 16, sec 4 (b); 1971 No 70, sec 4; 1974 No 50, sec 8 (c); 1980 No 53, Sch 2 (16); 1983 No 170, Schs 1 (1), 2 (2); 1992 No 2, Sch 1 (9); 1995 No 23, Sch 1.2 [12] [13]; 1999 No 94, Sch 3 [62]. Rep 1999 No 94, Sch 3 [14].

s 409A: Ins 1981 No 42, Sch 1 (15). Am 1987 No 184, Sch 3 (7). Rep 1999 No 94, Sch 3 [14].

s 409B: Ins 1981 No 42, Sch 1 (15). Am 1987 No 184, Sch 3 (8); 1989 No 198, Sch 1 (9). Rep 1999 No 94, Sch 3 [14].

s 409C: Ins 1981 No 42, Sch 1 (15). Am 1987 No 184, Sch 3 (9). Rep 1994 No 26, Sch 1 (4).

s 410: Am 1954 No 3, sec 2. Rep 1995 No 27, Sch 1.

s 411: Am 1999 No 94, Sch 3 [62]. Rep 1999 No 94, Sch 3 [14].

s 412: Rep 1995 No 27, Sch 1.

s 413: Rep 1995 No 27, Sch 1.

s 413A: Ins 1974 No 50, sec 8 (d). Rep 1995 No 27, Sch 1.

s 413B: Ins 1974 No 50, sec 8 (d). Rep 1995 No 27, Sch 1.

s 413C: Ins 1974 No 50, sec 8 (d). Am 1986 No 218, Sch 6 (1). Rep 1995 No 27, Sch 1.

s 414: Rep 1999 No 94, Sch 3 [14].

s 414A: Ins 1924 No 10, sec 18. Am 1974 No 50, sec 8 (e); 1982 No 124, Sch 1; 1986 No 162, sec 3; 1987 No 32, sec 3; 1987 No 45, Sch 1; 1987 No 294, sec 3; 1988 No 114, Sch 4; 1990 No 53, Sch 2; 1990 No 96, Sch 6; 1991 No 80, Sch 2; 1995 No 23, Sch 1.2 [14]; 1997 No 115, Sch 4.4 [5]; 1999 No 19, Sch 2.6 [9]–[15]; 1999 No 31, Sch 4.20 [1] [2]; 1999 No 82, Sch 2 [1]–[4]. Rep 1999 No 94, Sch 3 [14].

s 414B: Ins 1924 No 10, sec 18. Am 1986 No 212, Sch 1. Rep 1999 No 94, Sch 3 [14].

s 415: Am 1924 No 10, sec 15 (f). Subst 1974 No 50, sec 8 (f). Am 1978 No 25, sec 2. Rep 1995 No 27, Sch 1.

s 416: Am 1924 No 10, sec 15 (g). Rep 1995 No 27, Sch 1.

Division 2 Lawful authority or excuse

pt 11, div 2, hdg: Ins 2001 No 116, Sch 1 [3].

417 Proof of lawful authority or excuse

Wherever, by this Act, doing a particular act or having a specified article or thing in possession without lawful authority or excuse, is made or expressed to be an offence, the proof of such authority or excuse shall lie on the accused.

417A Proof of exceptions

(1)  Any exception, exemption, proviso, excuse or qualification to the offence (whether or not it is in the same provision with a description of an offence in an Act or statutory rule or document creating the offence) need not be specified or negatived in an indictment or other process commencing proceedings.

(2)  The exception, exemption, proviso, excuse or qualification may be proved by the accused person.

(3)  If the exception, exemption, proviso, excuse or qualification is specified or negatived in the indictment, court attendance notice or other process commencing proceedings, the prosecutor is not required to prove it.

s 417A: Ins 2001 No 121, Sch 2.72 [22].

Division 3 Self-defence

pt 11, div 3, hdg: Ins 2001 No 116, Sch 1 [4].

418 Self-defence—when available

(1)  A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.

(2)  A person carries out conduct in self-defence if and only if the person believes the conduct is necessary—

(a)  to defend himself or herself or another person, or

(b)  to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or

(c)  to protect property from unlawful taking, destruction, damage or interference, or

(d)  to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,

and the conduct is a reasonable response in the circumstances as he or she perceives them.

s 418: Am 1924 No 10, sec 15 (h); 1955 No 16, sec 3 (c); 1984 No 7, Sch 1 (9). Rep 1985 No 149, Sch 1 (6). Ins 1990 No 102, sec 3. Rep 1995 No 27, Sch 1. Ins 2001 No 116, Sch 1 [4].

419 Self-defence—onus of proof

In any criminal proceedings in which the application of this Division is raised, the prosecution has the onus of proving, beyond reasonable doubt, that the person did not carry out the conduct in self-defence.

s 419: Rep 1999 No 94, Sch 3 [15]. Ins 2001 No 116, Sch 1 [4].

s 419A: Ins 1918 No 35, sec 2. Am 1929 No 2, sec 11 (1); 1944 No 36, sec 3. Rep 1999 No 94, Sch 3 [15].

420 Self-defence—not available if death inflicted to protect property or trespass to property

This Division does not apply if the person uses force that involves the intentional or reckless infliction of death only—

(a)  to protect property, or

(b)  to prevent criminal trespass or to remove a person committing criminal trespass.

s 420: Am 1974 No 50, sec 8 (g). Rep 1995 No 27, Sch 1. Ins 2001 No 116, Sch 1 [4].

421 Self-defence—excessive force that inflicts death

(1)  This section applies if—

(a)  the person uses force that involves the infliction of death, and

(b)  the conduct is not a reasonable response in the circumstances as he or she perceives them,

but the person believes the conduct is necessary—

(c)  to defend himself or herself or another person, or

(d)  to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person.

(2)  The person is not criminally responsible for murder but, on a trial for murder, the person is to be found guilty of manslaughter if the person is otherwise criminally responsible for manslaughter.

s 421: Rep 1999 No 94, Sch 3 [15]. Ins 2001 No 116, Sch 1 [4]. Am 2002 No 130, Sch 4 [6].

422 Self-defence—response to lawful conduct

This Division is not excluded merely because—

(a)  the conduct to which the person responds is lawful, or

(b)  the other person carrying out the conduct to which the person responds is not criminally responsible for it.

s 422: Rep 1999 No 94, Sch 3 [15]. Ins 2001 No 116, Sch 1 [4].

423 Offences to which Division applies

(1)  This Division applies to offences committed before or after the commencement of this Division, except as provided by this section.

(2)  This Division does not apply to an offence if proceedings for the offence (other than committal proceedings) were instituted before the commencement of this Division.

s 423: Rep 1999 No 94, Sch 3 [15]. Ins 2001 No 116, Sch 1 [4].

s 423A: Ins 1924 No 10, sec 19. Rep 1999 No 94, Sch 3 [15].

424–428 (Repealed)

s 424: Rep 1999 No 94, Sch 3 [15].

s 424A: Ins 1995 No 27, Sch 1. Rep 1999 No 94, Sch 3 [15].

s 425, hdg: Rep 1999 No 94, Sch 3 [15].

s 425: Am 1999 No 94, Sch 3 [64]. Rep 1999 No 94, Sch 3 [15].

s 426: Am 1999 No 94, Sch 3 [65]. Rep 1999 No 94, Sch 3 [15].

s 427: Am 1999 No 94, Sch 3 [62]. Rep 1999 No 94, Sch 3 [15].

s 428, hdg: Rep 1980 No 53, Sch 2 (17).

s 428: Rep 1912 No 16, sec 23 (2).

Part 11A Intoxication

pt 11A: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1.

428A Definitions

In this Part—

drug includes a drug within the meaning of the Drug Misuse and Trafficking Act 1985 and a poison, restricted substance or drug of addiction within the meaning of the Poisons and Therapeutic Goods Act 1966.

intoxication means intoxication because of the influence of alcohol, a drug or any other substance.

offence includes an attempt to commit the offence.

offence of specific intent is defined in section 428B.

relevant conduct means an act or omission necessary to constitute the actus reus of an offence.

self-induced intoxication means any intoxication except intoxication that—

(a)  is involuntary, or

(b)  results from fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force, or

(c)  results from the administration of a drug for which a prescription is required in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner or dentist, or of a drug for which no prescription is required administered for the purpose, and in accordance with the dosage level recommended, in the manufacturer’s instructions.

s 428A: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1. Am 1998 No 102, Sch 3.2; 2003 No 45, Sch 2.1 [3]; 2009 No 106, Sch 2.7; 2010 No 34, Sch 2.7 [2]; 2017 No 50, Sch 5.5 [3].

428B Offences of specific intent to which Part applies

(1)  An offence of specific intent is an offence of which an intention to cause a specific result is an element.

(2)  Without limiting the generality of subsection (1), the offences referred to in the Table to this section are examples of offences of specific intent.

Table

(a)  an offence under the following provisions of this Act—

19A	Murder
27	Acts done to the person with intent to murder
28	Acts done to property with intent to murder
29	Certain other attempts to murder
30	Attempts to murder by other means
33	Wounding or grievous bodily harm with intent
33A	Discharging firearm etc with intent
33B	Use of weapon to resist arrest etc
37 (2)	Choking, suffocation or strangulation with intent to commit or assist in committing another indictable offence
38	Using intoxicating substance to commit an indictable offence
38A	Spiking drink or food
41	Using poison etc to injure or to cause distress or pain
41A	Poisoning etc of water supply
47	Using etc explosive substance or corrosive fluid etc
48	Causing explosives to be placed in or near building, conveyance or public place
49	Setting trap etc
51A	Predatory driving
55	Possessing or making explosives or other things with intent to injure
60C	Obtaining of personal information about law enforcement officers
61K	Assault with intent to have sexual intercourse
86	Kidnapping
87	Child abduction
91M	Installing device to facilitate observation or filming
93L	Threatening to contaminate goods with intent to cause public alarm or economic loss
93M	Making false statements concerning contamination of goods with intent to cause public alarm or economic loss
93R	Leaving or sending an article with intent to cause alarm
99	Demanding property with intent to steal
110	Breaking, entering and assaulting with intent to murder etc
111	Entering dwelling-house
113	Breaking etc into any house etc with intent to commit serious indictable offence
114 (a) (c) (d)	Being armed etc with intent to commit offence
190	Receiving etc cattle unlawfully killed, or carcass etc
192F	Intention to defraud by destroying or concealing accounting records
192G	Intention to defraud by false or misleading statement
192H	Intention to deceive members or creditors by false or misleading statement of officer of organisation
192J	Dealing with identification information
192K	Possession of identification information
192L	Possession of equipment etc to make identification documents or things
193B (1)	Money laundering
193D (1)	Dealing with property that subsequently becomes an instrument of crime
196	Destroying or damaging property with intent to injure a person
198	Destroying or damaging property with intention of endangering life
199	Threatening to destroy or damage property
200	Possession etc of explosive or other article with intent to destroy or damage property
202 (c)	Interfering or damaging etc bed or bank of river with intent of obstructing etc navigation
203B	Sabotage
203C	Threaten sabotage
205	Prejudicing the safe operation of an aircraft or vessel
210 (b)	Acting with intention of destroying etc aids to navigation
211	Criminal acts relating to railways
249C	Misleading documents or statements used or made by agents
249D	Corrupt inducements for advice
249K	Blackmail offence
253	Forgery—making false document
254	Using false document
255	Possession of false document
256 (1) and (3)	Making or possession of equipment etc for making false documents
308C	Unauthorised access, modification or impairment with intent to commit serious indictable offence
308D	Unauthorised modification of data with intent to cause impairment
308F	Possession of data with intent to commit serious computer offence
308G	Producing, supplying or obtaining data with intent to commit serious computer offence
308H	Unauthorised access to or modification of restricted data held in computer
308I	Unauthorised impairment of data held in computer disk, credit card or other device
314	False accusations etc
315	Hindering investigation etc
317	Tampering etc with evidence
318	Making or using false official instrument to pervert the course of justice
319	General offence of perverting the course of justice
321 (1)	Corruption of witnesses and jurors
322(1)	Threats or intimidation—judges and other persons connected with judicial proceedings
323	Influencing witnesses and jurors
328	Perjury with intent to procure conviction or acquittal
333 (2)	Subornation of perjury
530 (1)	Serious animal cruelty

(b)  an offence under the following provisions of this Act to the extent that an element of the offence requires a person to intend to cause the specific result necessary for the offence—

57	(assault on persons preserving wreck)
58	(assault with intent to commit serious indictable offence on certain officers)
66B	(assaulting with intent to have sexual intercourse with child under 10)
66D	(assaulting with intent to have sexual intercourse with child between 10 and 16)
91P	(intentionally record intimate image)
91Q	(intentionally distribute intimate image)
94	(assault with intent to rob person)
95	(assault with intent to rob in circumstances of aggravation)
96	(assault with intent to rob with wounding)
97	(assault with intent to rob with arms)
98	(assault with intent to rob)
109	(entering with intent, or stealing etc in dwelling-house and breaking out)
126	(killing with intent to steal)
139	(destroys, damages, breaks with intent to steal)
140	(destroys, damages, breaks with intent to steal)
197	(dishonestly destroying or damaging property with a view to gain)
204	(destruction of, or damage to, an aircraft or vessel with intent)

(c)  any other offence by or under any law (including the common law) prescribed by the regulations.

s 428B: Ins 1983 No 180, Sch 1 (3). Am 1986 No 93, Sch 1 (1). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1. Am 1999 No 94, Sch 3 [62].

s 428B, tbl: Ins 1996 No 6, Sch 1. Am 1996 No 137, Sch 2.3 [3] [4]; 1999 No 94, Sch 3 [21]; 2001 No 20, Sch 1 [2]; 2001 No 84, Sch 1 [16]; 2002 No 53, Sch 2.10 [2]; 2007 No 38, Sch 1 [24]; 2014 No 23, Sch 1 [2]; 2017 No 29, Sch 1 [3]; 2018 No 29, Sch 2.3 [1] [2]; 2019 No 11, Sch 2.1[3]; 2022 No 70, Sch 1[11].

428C Intoxication in relation to offences of specific intent

(1)  Evidence that a person was intoxicated (whether by reason of self-induced intoxication or otherwise) at the time of the relevant conduct may be taken into account in determining whether the person had the intention to cause the specific result necessary for an offence of specific intent.

(2)  However, such evidence cannot be taken into account if the person—

(a)  had resolved before becoming intoxicated to do the relevant conduct, or

(b)  became intoxicated in order to strengthen his or her resolve to do the relevant conduct.

s 428C: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1.

428D Intoxication in relation to other offences

In determining whether a person had the mens rea for an offence other than an offence of specific intent, evidence that a person was intoxicated at the time of the relevant conduct—

(a)  if the intoxication was self-induced—cannot be taken into account, or

(b)  if the intoxication was not self-induced—may be taken into account.

s 428D: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1.

428E Intoxication in relation to murder, manslaughter and assault causing death

(1)  If evidence of intoxication at the time of the relevant conduct results in a person being acquitted of murder—

(a)  in the case of intoxication that was self-induced—evidence of that intoxication cannot be taken into account in determining whether the person had the requisite mens rea for manslaughter or for an offence under section 25A, or

(b)  in the case of intoxication that was not self-induced—evidence of that intoxication may be taken into account in determining whether the person had the requisite mens rea for manslaughter or for an offence under section 25A.

(2)  An offence under section 25A is not an offence of specific intent for the purposes of this Part.

s 428E: Ins 1983 No 180, Sch 1 (3). Am 1988 No 20, Sch 2 (1). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1. Am 2014 No 2, Sch 1 [3] [4].

428F Intoxication in relation to the reasonable person test

If, for the purposes of determining whether a person is guilty of an offence, it is necessary to compare the state of mind of the person with that of a reasonable person, the comparison is to be made between the conduct or state of mind of the person and that of a reasonable person who is not intoxicated.

s 428F: Ins 1983 No 180, Sch 1 (3). Am 1988 No 20, Sch 2 (2). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1.

428G Intoxication and the actus reus of an offence

(1)  In determining whether a person has committed an offence, evidence of self-induced intoxication cannot be taken into account in determining whether the relevant conduct was voluntary.

(2)  However, a person is not criminally responsible for an offence if the relevant conduct resulted from intoxication that was not self-induced.

s 428G: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1. Am 1998 No 149, Sch 1 [1].

428H Abolition of common law relating to self-induced intoxication

The common law relating to the effect of intoxication on criminal liability is abolished.

s 428H: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1.

428I Application of Part

This Part applies to any offence (whether under this Act or otherwise) committed after the commencement of this Part.

s 428I: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2. Ins 1996 No 6, Sch 1.

428J–428YB (Repealed)

s 428J: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

s 428K: Ins 1983 No 180, Sch 1 (3). Am 1986 No 212, Sch 1. Rep 1990 No 11, Sch 2.

s 428L: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

s 428M: Ins 1983 No 180, Sch 1 (3). Am 1986 No 212, Sch 1 (am 1987 No 209, Sch 44); 1988 No 20, Sch 2 (3). Rep 1990 No 11, Sch 2.

ss 428N–428O: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

s 428P: Ins 1983 No 180, Sch 1 (3). Am 1989 No 100, Sch 1 (2). Rep 1990 No 11, Sch 2.

s 428Q: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

s 428R: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

s 428S: Ins 1983 No 180, Sch 1 (3). Am 1986 No 212, Sch 1. Rep 1990 No 11, Sch 2.

s 428T: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

pt 11A, ch 2, hdg: Subst 1989 No 100, Sch 1 (3). Rep 1990 No 11, Sch 2.

s 428U: Ins 1983 No 180, Sch 1 (3). Am 1989 No 100, Sch 1 (4). Rep 1990 No 11, Sch 2.

s 428V: Ins 1983 No 180, Sch 1 (3). Am 1987 No 273, Sch. Rep 1990 No 11, Sch 2.

s 428W: Ins 1983 No 180, Sch 1 (3). Am 1986 No 93, Sch 1 (2); 1989 No 100, Sch 1 (5). Rep 1990 No 11, Sch 2.

s 428X: Ins 1983 No 180, Sch 1 (3). Am 1986 No 218, Sch 6 (2); 1989 No 100, Sch 1 (6); 1990 No 46, Sch 2. Rep 1990 No 11, Sch 2.

s 428XA: Ins 1989 No 100, Sch 1 (7). Rep 1990 No 11, Sch 2.

s 428Y: Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

pt 11A, ch 3 (ss 428YA, 428YB): Ins 1989 No 100, Sch 1 (8). Rep 1990 No 11, Sch 2.

pt 11A, ch 3 (ss 428YA, 428YB): Ins 1989 No 100, Sch 1 (8). Rep 1990 No 11, Sch 2.

Part 11B

428Z–428ZB  (Repealed)

pt 11B (ss 428Z–428ZB): Ins 1983 No 180, Sch 1 (3). Rep 1990 No 11, Sch 2.

Part 12 Sentences

429, 430 (Repealed)

s 429, hdg: Rep 1980 No 53, Sch 2 (18).

s 429: Am 1924 No 10, sec 20; 1939 No 17, sec 181. Rep 1951 No 31, sec 3 (c).

s 430: Rep 1955 No 16, sec 5 (k).

431 Convicted persons not to be liable to death penalty

(1)  This section applies to offences under—

(a)  an Act,

(b)  an Imperial Act so far as it applies in New South Wales, or

(c)  a rule of law,

whether committed before or after the commencement of the Crimes (Death Penalty Abolition) Amendment Act 1985.

(2)  A person is not liable to the punishment of death for an offence to which this section applies.

(3)  Where, but for this subsection, no penalty would be provided for an offence to which this section applies that was formerly punishable by death, that offence shall be punishable by imprisonment for 25 years.

s 431: Am 1955 No 16, sec 5 (l). Subst 1985 No 58, Sch 1 (5). Am 1989 No 218, Sch 1 (26).

431A Life sentences

(1)  This section applies to offences under—

(a)  an Act, or

(b)  an Imperial Act so far as it applies in New South Wales, or

(c)  a rule of law.

(2)  A person is not liable to the punishment of imprisonment for life for any offence to which this section applies except for the offence of murder, for an offence under section 61JA, for an offence under section 66A or for an offence carrying that punishment under the Drug Misuse and Trafficking Act 1985.

(3)  Where, but for this subsection, no penalty would be provided for an offence to which this section applies that was formerly punishable by imprisonment for life, that offence is punishable by imprisonment for 25 years.

(4)  This section applies to offences committed before or after the commencement of this section. However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of this section.

(5)  Any amendment made by the Crimes (Life Sentences) Amendment Act 1989 altering the penalty for an offence under this Act from imprisonment for life to imprisonment for 25 years applies to an offence committed before or after the commencement of the amendment. However, the amendment does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of the amendment.

(6)    (Repealed)

s 431A: Ins 1989 No 218, Sch 1 (27). Am 2000 No 53, Sch 3.3 [44]; 2001 No 62, Sch 1 [10]; 2004 No 55, Sch 2.7; 2008 No 105, Sch 1 [32]; 2015 No 13, Sch 1 [5].

431B–447B (Repealed)

s 431B: Ins 1996 No 5, Sch 1. Rep 1999 No 94, Sch 3 [4].

s 432, hdg: Rep 1999 No 94, Sch 3 [4].

s 432: Subst 1924 No 10, sec 21 (a). Rep 1999 No 94, Sch 3 [4].

s 433: Rep 1924 No 10, sec 21 (a).

s 434 and hdg: Rep 1974 No 50, sec 9 (a).

s 435: Rep 1974 No 50, sec 9 (b).

s 436: Rep 1951 No 31, sec 3 (d).

s 437, hdg: Rep 1987 No 238, Sch 1.

s 437: Am 1924 No 10, sec 21 (b); 1951 No 59, sec 4 (a); 1967 No 14, sec 8 (a); 1974 No 50, sec 9 (c); 1979 No 101, Sch 1 (1); 1980 No 53, Sch 1 (6); 1982 No 81, Sch 1 (5) (rep). Subst 1984 No 70, Sch 1 (1). Am 1986 No 212, Sch 1. Rep 1987 No 238, Sch 1.

s 437A, hdg: Rep 1987 No 238, Sch 1.

s 437A: Ins 1974 No 50, sec 9 (d). Am 1984 No 70, Sch 1 (2). Rep 1987 No 238, Sch 1.

s 438 and hdg: Rep 1999 No 94, Sch 3 [4].

s 439, hdg: Rep 1983 No 180, Sch 1 (4) (a). Ins 1990 No 5, sec 3 (b). Rep 1999 No 94, Sch 3 [4].

s 439: Rep 1983 No 180, Sch 1 (4) (b). Ins 1990 No 5, sec 3 (b). Am 1993 No 46, Sch 1. Rep 1999 No 94, Sch 3 [4].

s 440 and hdg: Rep 1999 No 94, Sch 3 [4].

s 440A, hdg: Ins 1955 No 16, sec 4 (c). Rep 1999 No 94, Sch 3 [4].

s 440A: Ins 1955 No 16, sec 4 (c). Am 1980 No 53, Sch 2 (19). Rep 1989 No 198, Sch 2 (2).

s 440AA: Ins 1989 No 198, Sch 2 (3). Am 1992 No 112, Sch 1; 1996 No 99, Sch 2.5 [1] [2]. Rep 1999 No 94, Sch 3 [4].

s 440AB: Ins 1989 No 198, Sch 2 (3). Rep 1996 No 99, Sch 2.5 [3].

s 440AC: Ins 1989 No 198, Sch 2 (3). Rep 1996 No 99, Sch 2.5 [4].

s 440B: Ins 1967 No 77, sec 3. Am 1974 No 50, sec 9 (c); 1980 No 53, Sch 2 (20) (am 1984 No 153, Sch 16); 1985 No 58, Sch 1 (6); 1985 No 231, Sch 31; 1987 No 48, Sch 4 (9); 1989 No 198, Sch 2 (4); 1989 No 218, Sch 1 (28); 1992 No 112, Sch 1. Rep 1996 No 99, Sch 2.5 [5].

s 441, hdg: Rep 1999 No 94, Sch 3 [4].

s 441: Am 1951 No 31, sec 6 (c); 1985 No 58, Sch 1 (7). Rep 1999 No 94, Sch 3 [4].

s 441A and hdg: Ins 1955 No 16, sec 4 (d). Rep 1999 No 94, Sch 3 [4].

s 442, hdg: Rep 1999 No 94, Sch 3 [4].

s 442: Subst 1924 No 10, sec 21 (c). Am 1974 No 50, sec 9 (f). Rep 1999 No 94, Sch 3 [4].

s 442A: Ins 1981 No 42, Sch 1 (16). Rep 1999 No 94, Sch 3 [4].

s 442B: Ins 1992 No 2, Sch 1 (10). Rep 1999 No 94, Sch 3 [4].

s 443, hdg: Rep 1999 No 94, Sch 3 [4].

s 443: Am 1999 No 94, Sch 3 [62]. Rep 1999 No 94, Sch 3 [4].

s 444: Am 1967 No 77, sec 4 (a); 1974 No 50, sec 9 (g); 1980 No 53, Sch 1 (7); 1987 No 48, Sch 4 (10); 1999 No 31, Sch 4.20 [2]. Rep 1999 No 94, Sch 3 [4].

s 445: Am 1967 No 77, sec 4 (b); 1980 No 53, Sch 2 (21); 1995 No 27, Sch 1. Rep 1999 No 94, Sch 3 [4].

s 446: Rep 1999 No 94, Sch 3 [4].

s 447: Rep 1967 No 77, sec 4 (c).

s 447A: Ins 1924 No 10, sec 21 (d). Rep 1999 No 94, Sch 3 [4].

s 447B, hdg: Ins 1955 No 16, sec 4 (e). Rep 1989 No 40, Sch 2 (2).

s 447B: Ins 1955 No 16, sec 4 (e). Am 1980 No 53, Schs 1 (8), 2 (22); 1987 No 48, Sch 4 (11). Rep 1989 No 40, Sch 2 (2).

Parts 13, 13A

448–475  (Repealed)

pt 13: Rep 1999 No 94, Sch 3 [5].

s 448, hdg: Rep 1999 No 94, Sch 3 [5].

s 448, hdg: Rep 1985 No 58, Sch 1 (8) (a).

ss 448–450: Rep 1985 No 58, Sch 1 (8) (b).

s 451: Am 1937 No 35, Second Sch; 1980 No 53, Sch 2 (23). Rep 1985 No 58, Sch 1 (8) (b).

s 452: Rep 1985 No 58, Sch 1 (8) (b).

s 453, hdg: Rep 1980 No 53, Sch 2 (24).

s 453: Rep 1974 No 50, sec 10 (a).

s 454: Rep 1974 No 50, sec 10 (b).

s 455 and hdg: Rep 1974 No 50, sec 10 (c).

s 456: Rep 1974 No 50, sec 10 (d).

s 457, hdg: Rep 1987 No 238, Sch 1.

s 457: Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch). Subst 1974 No 50, sec 10 (e). Am 1984 No 70, Sch 1 (3); 1986 No 212, Sch 1. Rep 1987 No 238, Sch 1.

s 458 and hdg: Rep 1999 No 94, Sch 3 [5].

s 459, hdg: Rep 1999 No 94, Sch 3 [5].

s 459: Am 1974 No 50, sec 10 (f). Rep 1985 No 58, Sch 1 (9).

s 460: Rep 1985 No 58, Sch 1 (9).

s 460A: Ins 1986 No 44, sec 3. Rep 1986 No 189, Sch 1 (1).

s 461: Am 1985 No 58, Sch 1 (10). Rep 1986 No 189, Sch 1 (2).

s 462: Am 1983 No 131, Sch 1 (1). Rep 1986 No 189, Sch 1 (3).

s 463: Am 1924 No 10, sec 22; 1929 No 2, sec 11 (2) (a) (b); 1951 No 31, Sch; 1983 No 131, Sch 1 (2); 1986 No 36, Sch 1. Rep 1989 No 219, sec 5.

s 464: Am 1986 No 189, Sch 1 (4). Rep 1999 No 94, Sch 3 [5].

s 464A: Ins 1950 No 36, sec 2. Rep 1966 No 41, sec 1 (3) (a).

s 465, hdg: Rep 1999 No 94, Sch 3 [5].

s 465: Rep 1999 No 94, Sch 3 [5].

s 466: Rep 1999 No 94, Sch 3 [5].

s 467: Rep 1974 No 50, sec 10 (g).

s 468: Am 1951 No 31, Sch; 1980 No 53, Sch 2 (25). Rep 1999 No 94, Sch 3 [5].

s 469: Rep 1970 No 52, Second Sch.

ss 470–474, hdgs: Rep 1980 No 53, Sch 2 (26).

ss 470–474: Rep 1912 No 16, sec 23 (2).

pt 13A, hdg: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [2]. Rep 2006 No 70, Sch 2.1 [1].

pt 13A: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1].

pt 13A, div 1: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1].

s 474A: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [3]; 2001 No 121, Sch 2.72 [23]. Rep 2006 No 70, Sch 2.1 [1].

pt 13A, div 2: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, Part 7, Div 2).

s 474B: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [4]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 76).

s 474C: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [4]–[6]; 2003 No 27, Sch 3 [5]–[7]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 77).

pt 13A, div 3: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, Part 7, Div 3).

s 474D: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [4]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 78).

s 474E: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [7]–[9]; 2003 No 27, Sch 3 [8] [9]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 79).

pt 13A, div 4: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, Part 7, Div 4).

s 474F: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 80).

s 474G: Ins 1993 No 64, Sch 1 (3). Am 1993 No 108, Sch 1; 1996 No 65, Sch 1 [4]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 81).

s 474H: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [10]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 82).

pt 13A, div 5: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, Part 7, Div 5).

ss 474I–474K: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, secs 83–85).

s 474L: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [4] [11]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 86).

s 474M: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 87).

s 474N: Ins 1993 No 64, Sch 1 (3). Am 1996 No 65, Sch 1 [12] [13]. Rep 2006 No 70, Sch 2.1 [1] (transferred to the Crimes (Appeal and Review) Act 2001 No 120, sec 88).

pt 13A, div 6: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1].

s 474O: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1].

s 474P: Ins 1993 No 64, Sch 1 (3). Rep 2006 No 70, Sch 2.1 [1].

s 475, hdg: Rep 1993 No 64, Sch 1 (2).

s 475: Am 1951 No 31, sec 3 (e); 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1992 No 2, Sch 1 (11). Rep 1993 No 64, Sch 1 (2).

Part 13B Offences punishable by the Supreme Court in its summary jurisdiction

pt 13B (previously Part 13A): Ins 1979 No 95, Sch 1 (5). Renumbered 1993 No 64, Sch 1 (4).

475A Offences punishable summarily

(1)  Subject to subsection (2) and section 475B but notwithstanding any other law, proceedings for any offence mentioned in Schedule 10 may, pursuant to Part 5 of Chapter 4 of the Criminal Procedure Act 1986 by the Attorney-General or the Director of Public Prosecutions, be taken before the Supreme Court in its summary jurisdiction.

(2)  Proceedings for an offence mentioned in paragraph (f) of Schedule 10 may not be taken under subsection (1) unless, in the application made under section 246 of the Criminal Procedure Act 1986 in respect of the offence, the person against whom the offence is charged is also charged with an offence mentioned in paragraph (a), (b), (c), (d), (d1) or (e) of that Schedule.

(3)  A person may be convicted of an offence mentioned in paragraph (f) of Schedule 10 notwithstanding that the person is not convicted of the offence mentioned in paragraph (a), (b), (c), (d), (d1) or (e) of that Schedule that was also charged in the application made under section 246 of the Criminal Procedure Act 1986 in respect of the offence mentioned in paragraph (e) of that Schedule.

(4)  The penalty that may be imposed by the Supreme Court in its summary jurisdiction on a person convicted of an offence mentioned in Schedule 10 is the penalty provided by law (other than this subsection), except that any fine imposed shall not exceed 100 penalty units and any term of imprisonment imposed shall not exceed 10 years, whether the penalty imposed is either a fine or a term of imprisonment.

(5)  Subsection (1) does not prevent proceedings for any offence referred to in that subsection from being taken otherwise than before the Supreme Court in its summary jurisdiction.

(6)  The reference in subsection (1) to the Attorney-General or the Director of Public Prosecutions includes, in relation to any proceedings, a reference to any person who is authorised in writing by the Attorney-General or Director to act, for the purposes of that subsection, on behalf of the Attorney-General or Director in relation to those proceedings as in relation to proceedings for all offences mentioned in Schedule 10.

(7)  A document purporting to be signed—

(a)  by the Attorney-General or the Director of Public Prosecutions and to authorise a person specified in the document to act as referred to in subsection (6) is, in any proceedings referred to in subsection (1), admissible in evidence as prima facie evidence that the person is authorised so to act, or

(b)  by the Attorney-General or the Director of Public Prosecutions for the purpose of any proceedings referred to in subsection (1) is admissible in evidence as prima facie evidence that the Attorney-General or the Director of Public Prosecutions signed the document.

s 475A: Ins 1979 No 95, Sch 1 (5). Am 1981 No 65, Sch 1 (1); 1986 No 212, Sch 1; 1992 No 112, Sch 1; 1999 No 94, Sch 3 [66]; 2001 No 121, Sch 2.72 [24] [25]; 2007 No 38, Sch 2 [27].

475B Election for summary trial

(1)  Section 475A (1) applies only if, upon the completion of the pre-trial procedures in any proceedings in respect of an offence to which an application under section 246 of the Criminal Procedure Act 1986 relates, being procedures prescribed by rules made under that Act, the defendant makes an election to be tried for that offence in the Supreme Court in its summary jurisdiction.

(2)  Notwithstanding subsection (1) where the defendant in any proceedings is the subject of an application (not being an application referred to in subsection (3)), under section 246 of the Criminal Procedure Act 1986 relating to 2 or more offences, he or she is not entitled to make an election under subsection (1) unless he or she makes it in respect of every offence to which the application relates.

(3)  Where 2 or more defendants are the subject of an application under section 246 of the Criminal Procedure Act 1986, an election under subsection (1) made by one of the defendants in respect of any offence to which the application relates and alleged to have been committed by him or her has no effect for the purposes of this section unless such an election is made by that defendant in respect of every other offence to which the application relates and which is alleged to have been committed by him or her and by each of the other defendants in respect of every offence to which the application relates and which is alleged to have been committed by each of them.

(4)  A reference in subsection (1), (2) or (3) to an offence to which an application under section 246 of the Criminal Procedure Act 1986 relates does not include a reference to such an offence to which the person charged with the offence has, upon such an application, pleaded guilty.

(5)  Where the defendant does not make an election under subsection (1)—

(a)  the Supreme Court shall order that the proceedings for the offence to which the election relates shall be tried in the Supreme Court otherwise than in its summary jurisdiction, and

(b)  the provisions of section 475A (1) shall cease to apply to or in respect of the proceedings for that offence.

(6)  A person tried pursuant to an order under subsection (5) (a) shall for all purposes, be deemed to be tried on indictment and if convicted to have been convicted on indictment.

(7)  A reference in this section to a plea of guilty does not include a reference to such a plea if the plea has been withdrawn or has not been accepted.

s 475B: Ins 1979 No 95, Sch 1 (5). Am 2001 No 121, Sch 2.72 [26].

Part 14

475C–500  (Repealed)

pt 14, hdg: Am 2000 No 53, Sch 3.3 [45]. Rep 2007 No 38, Sch 2 [28].

pt 14: Rep 2007 No 38, Sch 2 [28].

pt 14, div 1, hdg: Ins 1999 No 31, Sch 5.27 [6]. Rep 2007 No 38, Sch 2 [28].

s 475C: Ins 1995 No 22, Sch 2.3 [3]. Am 1999 No 94, Sch 3 [16]; 2001 No 121, Sch 2.72 [27]. Rep 2007 No 38, Sch 2 [28].

pt 14, div 2, hdg: Am 1999 No 85, Sch 2.9. Rep 2007 No 38, Sch 2 [28].

s 476: Am 1924 No 10, sec 23 (a); 1951 No 31, sec 3 (f), Sch. Subst 1974 No 50, sec 11 (a). Am 1981 No 42, Sch 1 (17); 1983 No 10, Sch 1 (2); 1983 No 170, Schs 1 (2), 2 (3); 1984 No 7, Sch 1 (10); 1985 No 149, Sch 2 (20); 1987 No 116, Sch 1 (3); 1987 No 287, Sch 1 (7); 1987 No 289, Sch 1 (2); 1988 No 81, Schs 1 (3), 3 (3), 4 (2); 1988 No 115, Sch 1 (5); 1989 No 71, Sch 1 (12); 1989 No 198, Schs 1 (10) (am 1990 No 108, Sch 2), 2 (5); 1990 No 51, Sch 1 (3); 1990 No 108, Sch 1; 1992 No 2, Sch 1 (12); 1992 No 112, Sch 1; 1993 No 23, Sch 1 (2); 1994 No 84, Sch 1 (15); 1999 No 94, Sch 3 [67]; 2001 No 121, Sch 2.72 [28]–[30]. Rep 2007 No 38, Sch 2 [28].

s 477, hdg: Rep 1974 No 50, sec 11 (b).

s 477: Am 1924 No 10, sec 23 (b); 1951 No 31, Sch; 1955 No 16, secs 3 (d), 4 (f); 1961 No 70, sec 2 (d); 1967 No 77, sec 6 (b). Rep 1974 No 50, sec 11 (b).

s 478: Am 1924 No 10, sec 23 (c); 1951 No 31, Sch. Subst 1955 No 16, sec 3 (e). Rep 1974 No 50, sec 11 (c).

s 479: Rep 1974 No 50, sec 11 (d).

s 479A: Ins 1955 No 16, sec 4 (g). Rep 1974 No 50, sec 11 (e).

s 480: Am 1951 No 31, Sch. Subst 1974 No 50, sec 11 (f). Rep 2007 No 38, Sch 2 [28].

s 481: Am 1951 No 31, Sch; 1980 No 53, Sch 2 (27). Rep 2007 No 38, Sch 2 [28].

s 482, hdg: Rep 1974 No 50, sec 11 (g).

s 482: Am 1951 No 31, Sch. Rep 1974 No 50, sec 11 (g).

s 483: Rep 1974 No 50, sec 11 (g).

s 484: Am 1951 No 31, Sch. Rep 1974 No 50, sec 11 (g).

ss 485–489: Rep 1974 No 50, sec 11 (g).

s 490: Am 1951 No 31, Sch. Rep 1974 No 50, sec 11 (g).

s 491: Rep 1974 No 50, sec 11 (g).

s 492: Rep 1974 No 50, sec 11 (g).

s 493, hdg before: Subst 1988 No 81, Sch 5 (3).

s 493: Am 1967 No 19, sec 4 (a); 1967 No 77, sec 5 (b). Subst 1974 No 50, sec 11 (h). Rep 1988 No 81, Sch 4 (3).

s 494: Am 1967 No 19, sec 4 (b); 1967 No 77, sec 5 (c); 1974 No 50, sec 11 (i). Rep 1988 No 81, Sch 4 (4).

s 495: Rep 1974 No 50, sec 11 (j). Ins 1988 No 81, Sch 4 (5). Am 1989 No 198, Schs 1 (11), 2 (6); 1992 No 112, Sch 1; 1993 No 23, Sch 1 (3); 1995 No 23, Sch 1.2 [15] [16]; 2001 No 121, Sch 2.72 [19] [31]. Rep 2007 No 38, Sch 2 [28].

s 496 (as originally enacted): Rep 1974 No 50, sec 11 (k).

s 496 (previously s 501): Subst 1924 No 10, sec 24. Am 1951 No 31, sec 4 (a); 1955 No 16, sec 4 (i); 1961 No 70, sec 2 (e); 1974 No 50, sec 11 (o); 1980 No 53, Sch 2 (25); 1983 No 10, Sch 1 (3); 1987 No 116, Sch 1 (4); 1987 No 287, Sch 1 (8); 1987 No 289, Sch 1 (3); 1989 No 198, Sch 2 (7); 1992 No 112, Sch 1; 1993 No 47, Sch 1; 1994 No 32, Sch 1; 2001 No 121, Sch 2.72 [31]–[33]. Rep 2007 No 38, Sch 2 [28].

s 496A: Ins 1989 No 27, Sch 1 (6). Am 1992 No 2, Sch 1 (13); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [19] [31]. Rep 2007 No 38, Sch 2 [28].

s 497: Rep 1974 No 50, sec 11 (i). Ins 1988 No 81, Sch 5 (5). Am 1989 No 27, Sch 1 (7). Rep 2007 No 38, Sch 2 [28].

s 498: Am 1951 No 31, Sch; 1974 No 50, sec 11 (m). Rep 1988 No 81, Sch 5 (6).

s 499: Am 1951 No 31, Sch; 1955 No 16, sec 4 (h); 1974 No 50, sec 11 (n). Rep 1988 No 81, Sch 5 (7).

s 500: Am 1924 No 10, sec 23 (d); 1951 No 31, Sch; 1988 No 81, Sch 4 (6); 2001 No 121, Sch 2.72 [34]. Rep 2007 No 38, Sch 2 [28].

Part 14A Miscellaneous offences

pt 14A, hdg: Ins 2000 No 53, Sch 3.3 [46]. Am 2005 No 77, Sch 5.1 [1].

Division 1 Larceny and similar summary offences

pt 14A, div 1, hdg: Ins 2000 No 53, Sch 3.3 [46]. Am 2005 No 77, Sch 5.1 [2].

501 (Renumbered as sec 496) s 501, hdg: Rep 1924 No 10, sec 24. Ins 1929 No 2, sec 21 (d). Am 1979 No 72, Sch 5 (1). s 501: Renumbered as sec 496, 1988 No 81, Sch 5 (4).

502 Possession of skin etc of stolen cattle

Whosoever, in whose possession there has been found the skin or carcass of any stolen cattle, or of any cattle reasonably suspected to have been stolen, or any part of any such skin or carcass, may be brought before or may be summoned to appear before the Local Court to show in what manner he or she became possessed of the same, and if there is reasonable cause to believe that he or she has dishonestly come by the same, and if he or she fails to satisfy the Court before whom the case is heard that he or she obtained the same without any knowledge or reasonable ground to suspect that the same was the skin or carcass, or part of the skin or carcass, of any stolen cattle, he or she shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

s 502: Am 1951 No 31, sec 4 (b); 1974 No 50, sec 11 (p); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [35] [36]; 2007 No 94, Sch 2.

503 Stealing dogs

Whosoever steals any dog shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

s 503: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (q); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

504 Possessing stolen dog or skin

Whosoever has unlawfully in his or her possession any stolen dog, or the skin of any such dog, knowing the dog to have been stolen, shall, on conviction by the Local Court, be liable to pay a fine of 5 penalty units.

s 504: Am 1974 No 50, sec 11 (r); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

505 Stealing animals etc ordinarily kept in confinement

Whosoever—

steals any animal or bird ordinarily kept in a state of confinement, or for any domestic purpose, but not being the subject of larceny at Common Law, or

kills any such animal or bird with intent to steal the same, or any part thereof,

shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

s 505: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (s); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

506 Stealing animals etc ordinarily kept in confinement—second offence

Whosoever, having been convicted under this or any former Act of any such offence as is mentioned in section 505, afterwards commits any offence in the said section mentioned shall, on conviction by the Local Court, be liable to imprisonment for one year.

s 506: Am 1951 No 31, Sch; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

507 Possession of stolen animals etc

Whosoever in whose possession there has been found any such animal or bird as in section 505 mentioned, or the skin thereof, respectively, which to his or her knowledge has been stolen, or is the skin of a stolen animal or bird, shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

s 507: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (t); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

508 Possession of stolen animals etc—second offence

Whosoever, having been convicted, under this or any former Act, of any such offence as is mentioned in section 507, afterwards commits any offence in the said section mentioned, shall, on conviction by the Local Court, be liable to imprisonment for one year.

s 508: Am 1951 No 31, Sch; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

509 Restoration of such stolen animals etc

Any such animal or bird as is mentioned in section 505, or the skin thereof, which has been found in the possession of any person may be restored to the owner thereof by the order of the Local Court.

s 509: Am 2001 No 121, Sch 2.72 [38]; 2007 No 94, Sch 2.

510 Setting engine for deer etc

Whosoever—

unlawfully and wilfully sets, or uses, any snare, or engine, for the purpose of taking or killing deer upon any inclosed land in the occupation of the owner of such deer, or

unlawfully and wilfully destroys any part of the fence of any land where deer are then kept

shall, on conviction by the Local Court, be liable to pay a fine of 5 penalty units.

s 510: Am 1974 No 50, sec 11 (u); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

511 (Repealed)

s 511: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (v); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]. Rep 2007 No 38, Sch 1 [25].

512 Taking fish in waters on private property

Whosoever unlawfully and wilfully takes, or destroys, any fish in any water being private property, shall, on conviction by the Local Court, be liable to pay the value of the fish taken or destroyed, in addition to a fine of 0.1 penalty unit.

s 512: Am 1924 No 10, sec 23 (e); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

513 Stealing shrubs etc

Whosoever steals, or destroys, or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

s 513: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (w); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

514 (Repealed)

s 514: Am 1951 No 31, Sch. Rep 1974 No 50, sec 11 (x).

515 Stealing etc live or dead fence etc

Whosoever steals, or cuts, breaks, or throws down with intent to steal, any part of any live or dead fence, or any material set up, or used, as a fence, or any stile, or gate, or any part thereof, respectively, shall, on conviction by the Local Court, be liable to pay the value of the property stolen, or the amount of injury done, in addition to a fine of 1 penalty unit.

s 515: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (y); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

516 (Repealed)

s 516: Am 1951 No 31, Sch. Rep 1974 No 50, sec 11 (z).

517 Unlawful possession of trees, fences etc

Whosoever, in whose possession the whole or any part of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, wire, rail, stile, or gate, or any part thereof has been found, on being taken or summoned before the Local Court fails to satisfy the Court that he or she came lawfully by the same, shall on conviction be liable to pay the value of the property found, in addition to a fine of 1 penalty unit.

s 517: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (aa); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [39]; 2003 No 82, Sch 2.6 [1] [2]; 2007 No 94, Sch 2.

518 Stealing dead wood

Whosoever steals, or destroys, or damages with intent to steal, any dead wood, lying on land in the occupation of another person shall, on conviction by the Local Court, be liable to pay the value of the wood, in addition to a fine of 1 penalty unit.

s 518: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (bb); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

519 (Repealed)

s 519: Am 1924 No 10, sec 23 (e); 1951 No 31, Sch. Rep 1974 No 50, sec 11 (cc).

520 Stealing plants etc in gardens

Whosoever steals, or destroys, or damages with intent to steal, any plant, root, fruit, or vegetable produce, growing in any garden, orchard, pleasure-ground, nursery-ground, hothouse, greenhouse, or conservatory, shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

s 520: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (dd); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

521 Stealing plants etc not growing in gardens

Whosoever steals, or destroys, or damages with intent to steal, any cultivated root, or plant, used for the food of man or beast, or for medicine, or for distilling, or dyeing, or for any manufacture, and growing in any inclosed land, not being a garden, orchard, pleasure-ground, or nursery-ground, shall, on conviction by the Local Court be liable to pay a fine of 2 penalty units.

s 521: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (ee); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

521A Stealing of rock, stone etc

Whosoever steals—

(a)  any rock or rocks,

(b)  any stone or stones, or

(c)  any gravel, soil, sand or clay,

that is or are in, on or under, or forms or form part of any land shall, on conviction by the Local Court, be liable to imprisonment for 6 months, or to pay a fine of 5 penalty units, or both.

s 521A: Ins 1980 No 53, Sch 1 (9). Am 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [40]; 2007 No 94, Sch 2.

522 Possession of shipwrecked goods

Whosoever in whose possession any article belonging to a vessel in distress, or wrecked, stranded, or cast on shore, has been found, on being summoned before the Local Court, fails to satisfy them that he or she came lawfully by the same, shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both—

And such article shall, by the order of the Local Court, be delivered to or for the use of the owner.

s 522: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (ff); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [39] [41]; 2007 No 94, Sch 2.

523 Offering shipwrecked goods for sale

Whosoever offers for sale any article unlawfully taken, or reasonably suspected to have been so taken, from any vessel in distress, or wrecked, stranded, or cast on shore, and who, on being summoned before the Local Court, fails to satisfy them that he or she came lawfully by such article, or received the same without knowing or having cause to suspect that it had been so taken as aforesaid, shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

And such article shall, by the order of the Local Court, be delivered to or for the use of the owner upon payment of a reasonable reward, to be ascertained by them, to the person who seized the same.

s 523: Am 1924 No 10, sec 23 (e); 1974 No 50, sec 11 (gg); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [39] [41]; 2007 No 94, Sch 2.

524 Seizure of such goods

Any person, to whom any article mentioned in section 523 is offered, or any officer of customs or police, may seize the same, and shall carry it to, or give notice of such seizure to, a Magistrate or an authorised officer.

s 524: Am 1951 No 31, Sch; 2001 No 121, Sch 2.72 [42].

525 Stealing or damaging books and other things in public library and other places

Whosoever steals, or removes, secretes, or damages with intent to steal, any book, print, manuscript, or other article, or any part thereof, kept for the purposes of reference, or exhibition, or of art, science, or literature, in any public library, or in any building belonging to the Queen, or to any university or college, or a council (within the meaning of the Local Government Act 1993), shall, on conviction by the Local Court, be liable to imprisonment for one year, and to pay a fine of 10 penalty units in addition to a fine equal to four times the value of the article stolen, or intended to have been stolen.

s 525: Am 1974 No 50, sec 11 (hh); 1992 No 112, Sch 1; 1995 No 11, Sch 1.28 [2]; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

526 Term “Public Library”

Every collection of books, prints, manuscripts, or similar articles, kept in any school-of-arts, or mechanics-institute, or in any building, or room, occupied or habitually used by the members of any association, or the residents of any area (within the meaning of the Local Government Act 1993), as a reading-room, or library, shall be deemed a public library within the meaning of section 525.

s 526: Am 1951 No 31, Sch; 1995 No 11, Sch 1.28 [3].

526A–527B (Repealed)

s 526A, hdg: Ins 1924 No 10, sec 25. Rep 1992 No 2, Sch 1 (14).

s 526A: Ins 1924 No 10, sec 25. Am 1951 No 31, sec 4 (c); 1955 No 16, sec 6 (d); 1974 No 50, sec 11 (ii); 1980 No 53, Sch 1 (10); 1988 No 81, Sch 3 (4). Rep 1992 No 2, Sch 1 (14).

s 526B, hdg: Ins 1929 No 2, sec 12. Rep 1951 No 59, sec 4 (b).

s 526B: Ins 1929 No 2, sec 12. Am 1937 No 29, sec 5 (2). Rep 1951 No 59, sec 4 (b).

s 527: Am 1974 No 50, sec 11 (jj); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2. Rep 2009 No 99, Sch 2 [24].

s 527A, hdg: Ins 1979 No 72, Sch 5 (2).

s 527A: Ins 1979 No 72, Sch 5 (2). Am 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2007 No 94, Sch 2. Rep 2009 No 99, Sch 2 [25].

s 527B, hdg: Ins 1979 No 72, Sch 5 (2).

s 527B: Ins 1979 No 72, Sch 5 (2). Am 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2007 No 94, Sch 2. Rep 2009 No 99, Sch 2 [26].

527C Persons unlawfully in possession of property

s 527C, hdg: Ins 1979 No 72, Sch 5 (2).

(1)  Any person who—

(a)  has any thing in his or her custody,

(b)  has any thing in the custody of another person,

(c)  has any thing in or on premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or

(d)  gives custody of any thing to a person who is not lawfully entitled to possession of the thing,

which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained, is liable on conviction before the Local Court—

(a)  if the thing is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, to imprisonment for 1 year, or to a fine of 10 penalty units, or both, or

(b)  in the case of any other thing, to imprisonment for 6 months, or to a fine of 5 penalty units, or both.

(1A)  A prosecution for an offence under subsection (1) involving the giving of custody of a motor vehicle to a person who is not lawfully entitled to possession of the motor vehicle may be commenced at any time within 2 years after the date of commission of the offence.

(2)  It is a sufficient defence to a prosecution for an offence under subsection (1) if the defendant satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.

(3)  In this section—

motor vehicle has the same meaning as it has in Division 5A of Part 4.

premises includes any structure, building, vehicle, vessel or place, whether built on or not, and any part of any such structure, building, vehicle, vessel or place.

vessel means a vessel within the meaning of the Marine Safety Act 1998.

s 527C: Ins 1979 No 72, Sch 5 (2). Am 1985 No 9, Sch 1 (2); 1992 No 112, Sch 1; 1995 No 23, Sch 1.2 [17]; 1999 No 31, Sch 4.20 [3]; 2001 No 84, Sch 1 [17] [18]; 2006 No 26, Sch 1 [11]–[14]; 2007 No 94, Sch 2; 2009 No 99, Sch 2 [27].

528 (Repealed)

s 528: Am 1974 No 50, sec 11 (kk); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2. Rep 2009 No 99, Sch 2 [28].

Division 2 Other offences

pt 14A, div 2, hdg: Ins 2000 No 53, Sch 3.3 [47]. Am 2005 No 77, Sch 5.1 [3].

529 Criminal defamation

(1) Common law misdemeanour of criminal libel abolished The common law misdemeanour of criminal libel remains abolished.

(2) Blasphemous, seditious or obscene libel not affected Subsection (1) does not affect the law relating to blasphemous, seditious or obscene libel.

(3) Offence of criminal defamation A person who, without lawful excuse, publishes matter defamatory of another living person (the victim)—

(a)  knowing the matter to be false, and

(b)  with intent to cause serious harm to the victim or any other person or being reckless as to whether such harm is caused,

is guilty of an offence.

Maximum penalty—3 years imprisonment.

(4) Lawful excuse A defendant in proceedings for an offence under this section has a lawful excuse for the publication of defamatory matter about the victim if, and only if, the defendant would, having regard only to the circumstances happening before or at the time of the publication, have had a defence for the publication if the victim had brought civil proceedings for defamation against the defendant.

(5) Prosecution to negative lawful excuse The prosecution bears the onus of negativing the existence of a lawful excuse if, and only if, evidence directed to establishing the excuse is first adduced by or on behalf of the defendant.

(6) Functions of jury On a trial before a jury for an offence under this section—

(a)  the question of whether the matter complained of is capable of bearing a defamatory meaning is a question for determination by the judicial officer presiding, and

(b)  the question of whether the matter complained of does bear a defamatory meaning is a question for the jury, and

(c)  the jury may give a general verdict of guilty or not guilty on the issues as a whole.

(7) DPP to consent to proceedings Proceedings in a court for an offence under this section cannot be instituted without the written consent of the Director of Public Prosecutions.

(8) Evidence of consent of DPP In those proceedings, a consent purporting to have been signed by the Director of Public Prosecutions is, without proof of the signature, evidence of that consent.

(9) Proceedings for an offence do not bar civil proceedings The commencement of criminal proceedings for an offence under this section does not prevent—

(a)  the commencement of civil proceedings for defamation against the defendant in the criminal proceedings, or

(b)  the determination of the civil proceedings pending the determination of the criminal proceedings.

(10) Proof of convictions for offences If the question whether or not a person committed an offence (other than offence under this section) arises in proceedings for an offence under this section, section 42 of the Defamation Act 2005 applies to the proof of the commission of that offence in the same way as it applies to such proof in civil proceedings for defamation.

(11) Interpretation In this section, publish and defamatory have the meanings that they have in the law of tort (as modified by the Defamation Act 2005) relating to defamation.

s 529: Am 1924 No 10, sec 23 (f). Subst 1974 No 50, sec 11 (ll). Am 1985 No 9, Sch 1 (3). Rep 1987 No 289, Sch 1 (4). Ins 2005 No 77, Sch 5.1 [4].

530 Serious animal cruelty

s 530, hdg: Rep 1974 No 50, sec 12 (a).

(1)  A person who, with the intention of inflicting severe pain—

(a)  tortures, beats or commits any other serious act of cruelty on an animal, and

(b)  kills or seriously injures or causes prolonged suffering to the animal,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(1A)  A person who, being reckless as to whether severe pain is inflicted—

(a)  tortures, beats or commits any other serious act of cruelty on an animal, and

(b)  kills or seriously injures or causes prolonged suffering to the animal,

is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(2)  A person is not criminally responsible for an offence against this section if—

(a)  the conduct occurred in accordance with an authority conferred by or under the Animal Research Act 1985 or any other Act or law, or

(b)  the conduct occurred in the course of or for the purposes of routine agricultural or animal husbandry activities, recognised religious practices, the extermination of pest animals or veterinary practice.

(3)  In this section—

animal means a mammal (other than a human being), a bird or a reptile.

kill or seriously injure an animal includes, in the case where the animal is used as a lure or kill in the manner referred to in section 21 (1) (d) of the Prevention of Cruelty to Animals Act 1979, cause or permit a dog to kill or seriously injure the animal.

serious act of cruelty on an animal includes the act of using the animal as a lure or kill in the manner referred to in section 21 (1) (d) of the Prevention of Cruelty to Animals Act 1979.

Note.

Sections 97–99 of the Greyhound Racing Act 2017 enable the court that convicts a person of an offence under this section in connection with the trialling or training of greyhounds to make certain orders requiring the animal to be destroyed, requiring payment of the costs of destroying or taking other action in respect of the animal and prohibiting the person from keeping any animal.

s 530: Am 1951 No 31, Sch. Rep 1974 No 50, sec 12 (a). Ins 2005 No 94, Sch 1. Am 2017 No 13, Sch 6.1 [1]–[3].

531 Killing or seriously injuring animals used for law enforcement

(1)  A person who intentionally kills or seriously injures an animal—

(a)  knowing that the animal is being used by a law enforcement officer in the execution of the officer’s duty, or

(b)  as a consequence of, or in retaliation for, the use of the animal by a law enforcement officer while in the execution of the officer’s duty,

is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2)  In this section—

animal means a dog, horse or other mammal (other than a human being).

law enforcement officer means—

(a)  a police officer (including a member of the police force of the Commonwealth or another State or Territory), or

(b)  any other official of this State, the Commonwealth or another State or Territory who is authorised to use an animal in connection with the detention of persons or the enforcement of the laws of this State, the Commonwealth or another State or Territory.

s 531: Am 1951 No 31, Sch. Rep 1974 No 50, sec 12 (b). Ins 2005 No 94, Sch 1.

532–545AB (Repealed)

s 532, hdg: Rep 1974 No 50, sec 12 (c).

s 532: Am 1924 No 10, sec 23 (e). Rep 1951 No 31, sec 4 (d).

s 533: Am 1924 No 10, sec 23 (e). Rep 1951 No 31, sec 4 (d).

s 534: Rep 1951 No 31, sec 4 (d).

ss 535–538: Am 1924 No 10, sec 23 (e). Rep 1951 No 31, sec 4 (d).

s 539, hdg: Rep 1974 No 50, sec 12 (c).

s 539: Am 1924 No 10, sec 23 (e). Rep 1974 No 50, sec 12 (c).

s 540: Am 1951 No 31, Sch. Rep 1974 No 50, sec 12 (d).

s 541, hdg: Rep 1974 No 50, sec 12 (e).

s 541: Am 1924 No 10, sec 23 (e); 1951 No 31, Sch. Rep 1974 No 50, sec 12 (e).

s 542: Am 1924 No 10, sec 23 (e); 1951 No 31, Sch. Rep 1974 No 50, sec 12 (f).

s 543 and hdg: Rep 1974 No 50, sec 12 (g).

s 544 and hdg: Rep 1974 No 50, sec 12 (h).

s 545: Rep 1974 No 50, sec 12 (i).

s 545A, hdg: Ins 1924 No 10, sec 26 (a).

s 545A: Ins 1924 No 10, sec 26 (a). Am 1974 No 50, sec 12 (j); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [43]; 2007 No 94, Sch 2. Rep 2009 No 99, Sch 2 [29].

s 545AB: Ins 2006 No 73, Sch 2 [5]. Rep 2007 No 80, Sch 2.7 [2].

545B Intimidation or annoyance by violence or otherwise

s 545B, hdg: Ins 1929 No 31, sec 2 (a).

(1)  Whosoever—

(a)  with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, or

(b)  in consequence of such other person having done any act which the other person had a legal right to do or having abstained from doing any act which that other person had a legal right to abstain from doing,

wrongfully and without legal authority—

(i)  uses violence or intimidation to or toward such other person or that other person’s spouse, de facto partner, child, or dependant, or does any injury to that other person or to that other person’s spouse, de facto partner, child, or dependant, or

(ii)  follows such other person about from place to place, or

(iii)  hides any tools, clothes, or other property owned or used by such other person, or deprives that other person of or hinders that other person in the use thereof, or

(iv)    (Repealed)

(v)  follows such other person with two or more other persons in a disorderly manner in or through any street, road, or public place,

is liable, on conviction before the Local Court, to imprisonment for 2 years, or to a fine of 50 penalty units, or both.

(1A)  To avoid any doubt, for the purposes of subsection (1)—

(a)  a person who uses intimidation to coerce a person to have a termination performed, including for the purposes of sex selection, is taken to have used intimidation to compel the person to have the termination, and

(b)  a person who uses intimidation to coerce a person to not have a termination performed is taken to have used intimidation to prevent the person having the termination.

(2)  In this section—

Intimidation means the causing of a reasonable apprehension of injury to a person or to the person’s spouse, de facto partner, child or dependant, or of violence or damage to any person or property, and intimidate has a corresponding meaning.

Injury includes any injury to a person in respect of the person’s property, business, occupation, employment, or other source of income, and also includes any actionable wrong of any nature.

Note.

De facto partner is defined in section 21C of the Interpretation Act 1987.

s 545B: Ins 1929 No 31, sec 2 (a). Am 1974 No 50, sec 12 (k); 1992 No 112, Sch 1; 1993 No 101, Sch 2 (1); 1996 No 6, Sch 1; 2001 No 121, Sch 2.72 [44]; 2007 No 82, Sch 2.1 [1] [2]; 2007 No 94, Sch 2; 2018 No 87, Sch 1.8 [3]–[9]; 2019 No 11, Sch 2.1[4].

545C Knowingly joining or continuing in etc an unlawful assembly

s 545C, hdg: Ins 1929 No 31, sec 2 (a).

(1)  Whosoever knowingly joins an unlawful assembly or continues in it shall be taken to be a member of that assembly, and shall, on conviction before the Local Court, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding 5 penalty units, or both.

(2)  Whosoever being armed with any weapon or loaded arms, or with anything which used as a weapon of offence is likely to cause death or grievous bodily harm, is a member of an unlawful assembly, shall be liable, on conviction before the Local Court, to imprisonment for a term not exceeding twelve months or to a fine not exceeding 10 penalty units, or both.

(3)  Any assembly of five or more persons whose common object is by means of intimidation or injury to compel any person to do what the person is not legally bound to do or to abstain from doing what the person is legally entitled to do, shall be deemed to be an unlawful assembly.

s 545C: Ins 1929 No 31, sec 2 (a). Am 1974 No 50, sec 12 (l); 1980 No 53, Sch 2 (29); 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2007 No 94, Sch 2.

545D (Repealed)

s 545D, hdg: Ins 1951 No 31, sec 6 (d) (i).

s 545D: Ins 1951 No 31, sec 6 (d) (i). Am 1974 No 50, sec 12 (m); 1992 No 112, Sch 1; 2001 No 121, Sch 2.72 [39] [41]. Rep 2004 No 48, Sch 1 [8].

545E (Renumbered as section 93FB) s 545E, hdg: Ins 1989 No 27, Sch 1 (8). s 545E: Ins 1989 No 27, Sch 1 (8). Am 1994 No 17, sec 3; 1998 No 54, Sch 2.6 [2]; 2001 No 121, Sch 2.72 [45]. Renumbered as sec 93FB, 2004 No 48, Sch 1 [9].

546 Abetting or procuring

Whosoever, where any offence is by this Act punishable on summary conviction, aids, abets, counsels, or procures the commission of such offence, shall, on conviction by the Local Court, be guilty in the same degree, and liable to the same forfeiture, and punishment, as the principal offender.

s 546: Am 1974 No 50, sec 12 (n); 2001 No 121, Sch 2.72 [37]; 2007 No 94, Sch 2.

546A (Repealed)

s 546A, hdg: Ins 1979 No 72, Sch 5 (3).

s 546A: Ins 1979 No 72, Sch 5 (3). Am 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2006 No 61, Sch 1 [18]; 2007 No 94, Sch 2. Rep 2012 No 3, Sch 1 [10].

546B Convicted persons found with intent to commit offence

s 546B, hdg: Ins 1979 No 72, Sch 5 (3).

(1)  Any person who, having been convicted of an indictable offence, is found in or near any premises or public place with intent to commit an indictable offence shall be liable on conviction before the Local Court to imprisonment for 6 months, or to a fine of 4 penalty units.

(2)  In this section, premises includes any structure, building, vehicle, vessel or place, whether built upon or not, and any part thereof.

s 546B: Ins 1979 No 72, Sch 5 (3). Am 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2006 No 26, Sch 1 [15]; 2007 No 94, Sch 2.

546C (Repealed)

s 546C, hdg: Ins 1979 No 72, Sch 5 (3). Rep 2022 No 48, Sch 1[15].

s 546C: Ins 1979 No 72, Sch 5 (3). Am 1990 No 51, Sch 1 (4); 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2006 No 94, Sch 3.7 [2]; 2007 No 94, Sch 2. Rep 2022 No 48, Sch 1[15].

546D Impersonation of police officers

(1) General offence A person who impersonates a police officer is guilty of an offence.

Maximum penalty—Imprisonment for 2 years, or a fine of 100 penalty units, or both.

(2) Aggravated offence A person who, with intent to deceive—

(a)  impersonates a police officer, and

(b)  purports to exercise a power or function as a police officer,

is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

(3)  An offence against subsection (1) is a summary offence.

(4)  In this section—

impersonation does not include conduct engaged in solely for satirical purposes.

s 546D: Ins 2006 No 94, Sch 3.7 [3].

547–547A (Repealed)

s 547, hdg: Subst 1987 No 184, Sch 1 (4).

s 547: Am 1924 No 10, sec 23 (g) (h). Rep 1999 No 94, Sch 3 [6].

s 547AA: Ins 1982 No 116, Sch 3 (2). Am 1983 No 116, Schs 1 (2), 2. Rep 1987 No 184, Sch 1 (5).

s 547A, hdg: Ins 1929 No 2, sec 13.

s 547A: Ins 1929 No 2, sec 13. Am 1992 No 112, Sch 1; 1995 No 62, Sch 2; 2001 No 121, Sch 2.72 [46]; 2007 No 94, Sch 2. Rep 2009 No 99, Sch 2 [30].

547B Public mischief

s 547B, hdg: Ins 1974 No 50, sec 12 (o).

(1)  Any person who, by any means, knowingly makes to a police officer any false representation that an act has been, or will be, done or that any event has occurred, or will occur, which act or event as so represented is such as calls for an investigation by a police officer, shall be liable on conviction before the Local Court to imprisonment for 12 months, or to a fine of 50 penalty units, or both.

(2)  For the purposes of subsection (1), a person shall be deemed to make a representation to a police officer if the person makes the representation to any other person and the nature of the representation reasonably requires that other person to communicate it to a police officer and that person does so communicate it.

s 547B: Ins 1974 No 50, sec 12 (o). Am 1990 No 51, Sch 1 (5); 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2006 No 94, Sch 3.7 [4]; 2007 No 94, Sch 2.

547C Peeping or prying

s 547C, hdg: Ins 1979 No 72, Sch 5 (4).

Any person who is in, on or near a building without reasonable cause with intent to peep or pry upon another person shall be liable on conviction before the Local Court to imprisonment for 3 months, or to a fine of 2 penalty units.

s 547C: Ins 1979 No 72, Sch 5 (4). Am 1992 No 112, Sch 1; 1999 No 31, Sch 4.20 [3]; 2001 No 121, Sch 2.72 [19]; 2007 No 94, Sch 2.

547D Person apprehended carrying razor etc

Where a person is in lawful custody upon a charge of committing any crime or offence and is found to have been carrying at the time or immediately before the person was apprehended any razor, razor blade or other cutting weapon, the person shall, unless the court is satisfied that the person was carrying the same for a lawful purpose the proof of which shall lie upon the accused, be liable to imprisonment for a term not exceeding six months, or to a fine of 5 penalty units, or both.

s 547D (previously s 353B): Renumbered 2006 No 128, Sch 4.1 [1]. Am 2006 No 128, Sch 4.1 [2].

547E Bestiality or animal crush material

(1)  A person who produces or disseminates bestiality or animal crush material is guilty of an offence.

Maximum penalty—The greater of the following—

(a)  the maximum penalty for an offence against section 530(1), or

(b)  imprisonment for 5 years.

(2)  A person who possesses bestiality or animal crush material is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(3)  Each of the following are defences in proceedings for an offence against this section—

(a)  the defendant did not know, and could not reasonably be expected to have known, that the material the defendant produced, disseminated or possessed was bestiality or animal crush material,

(b)  the conduct engaged in by the defendant—

(i)  was of public benefit, and

(ii)  did not extend beyond what was of public benefit,

(c)  the defendant was, at the time of the offence, a law enforcement officer acting in the course of the defendant’s duties and the conduct of the defendant was reasonable in the circumstances for the purpose of performing the duty,

(d)  the material concerned was classified, whether before or after the commission of the alleged offence, under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC),

(e)  the conduct engaged in by the defendant was necessary for or of assistance in conducting scientific, medical or educational research approved, authorised or otherwise permitted under a law of the State or of another State, a Territory or the Commonwealth,

(f)  for an offence involving possession of bestiality or animal crush material, but without limiting the defences above—the material came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware of its nature, took reasonable steps to get rid of it.

(4)  Conduct is of public benefit for subsection (3)(b) only if the conduct is necessary for or of assistance in—

(a)  enforcing or administering a law of the State or of another State, a Territory or the Commonwealth, or

(b)  monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth, or

(c)  the administration of justice.

(5)  The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant.

(6)  In this section—

bestiality or animal crush material means material that—

(a)  depicts or describes—

(i)  bestiality, or

(ii)  an animal being crushed, burned, drowned, suffocated, impaled or otherwise killed or subjected to serious injury, and

(b)  is material that a reasonable person would regard in all the circumstances as being intended or apparently intended to—

(i)  excite or gratify a sexual interest, or

(ii)  excite or gratify a sadistic or other perverted interest in violence or cruelty.

data includes—

(a)  information in any form, or

(b)  a program or part of a program.

disseminate bestiality or animal crush material, includes—

(a)  send, supply, exhibit, transmit or communicate the material to another person, or

(b)  make the material available for access by another person, or

(c)  enter into an agreement or arrangement to do so.

material includes a film, printed matter, data or other thing of any kind, including a computer image or another depiction.

possess bestiality or animal crush material includes, in relation to material in the form of data, being in possession or control of data, within the meaning of section 308F(2).

produce bestiality or animal crush material includes—

(a)  film, photograph, print or otherwise make bestiality or animal crush material, or

(b)  alter or manipulate an image for the purpose of making bestiality or animal crush material, or

(c)  enter into an agreement or arrangement to do so.

s 547E: Ins 2021 No 46, Sch 1.1[2].

Division 3 General

pt 14A, div 3, hdg: Ins 2000 No 53, Sch 3.3 [48].

pt 14A, div 4, hdg: Rep 2000 No 53, Sch 3.3 [49].

548–555 (Repealed)

s 548 and hdg: Rep 1999 No 94, Sch 3 [6].

s 548A and hdg: Ins 1924 No 10, sec 27 (1) (a). Rep 1974 No 50, sec 12 (p).

s 549, hdg: Rep 1999 No 94, Sch 3 [6].

s 549: Am 1999 No 31, Sch 4.20 [4]. Rep 1999 No 94, Sch 3 [6].

s 550, hdg: Rep 1999 No 94, Sch 3 [17].

s 550: Rep 1999 No 94, Sch 3 [17].

s 551: Rep 1999 No 94, Sch 3 [17].

s 552, hdg: Rep 1951 No 31, sec 4 (c). Ins 1987 No 287, Sch 1 (9). Rep 1999 No 94, Sch 3 [6].

s 552: Rep 1951 No 31, sec 4 (c). Ins 1987 No 287, Sch 1 (9). Am 1995 No 22, Sch 2.3 [7]. Rep 1999 No 94, Sch 3 [6].

s 553, hdg: Rep 1999 No 94, Sch 3 [6].

s 553: Am 1951 No 31, sec 4 (f). Rep 1999 No 94, Sch 3 [6].

s 554, hdg: Rep 1999 No 94, Sch 3 [6].

s 554: Subst 1924 No 10, sec 27 (1) (b). Am 1929 No 2, sec 14; 1940 No 6, sec 4; 1951 No 31, sec 4 (g); 1951 No 59, sec 4 (c); 1967 No 14, sec 8 (b); 1974 No 50, sec 12 (q); 1979 No 101, Sch 1 (2) (am 1984 No 153, Sch 16); 1980 No 53, Sch 2 (30); 1984 No 70, Sch 1 (4); 1987 No 238, Sch 1. Rep 1999 No 94, Sch 3 [6].

s 555 and hdg: Rep 1999 No 94, Sch 3 [6].

556 Summary conviction a bar to further proceedings

(1)  Where any person, summarily convicted under this Act, pays the sum or sums adjudged to be paid, together with costs, or receives a remission thereof from the Crown, or suffers the imprisonment provided for non-payment thereof, or the imprisonment adjudged in the first instance, he or she shall not be liable—

(a)  to any other criminal proceedings for the same cause,

(b)  to any civil proceedings for the same cause at the suit of the person laying the information upon which he or she was summarily convicted under this Act.

(2)  Any person against whom civil proceedings have been taken in respect of any act or thing done or omitted to be done by him or her which is an offence of which he or she might have been convicted summarily without consent under this Act shall be released from all criminal proceedings for the same cause on the information of the person by whom the civil proceedings were taken.

s 556: Am 1955 No 16, sec 4 (j).

Parts 15, 15A

556A–562ZZX  (Repealed)

pt 15, hdg: Ins 1974 No 50, sec 12 (r). Rep 1999 No 94, Sch 3 [7].

s 556A, hdg: Ins 1929 No 2, sec 15. Rep 1974 No 50, sec 12 (r).

s 556A: Ins 1929 No 2, sec 15. Am 1951 No 31, sec 4 (h); 1974 No 50, sec 12 (s); 1982 No 81, Sch 1 (6) (rep); 1984 No 70, Sch 1 (5); 1987 No 58, Sch 3; 1987 No 238, Sch 1; 1998 No 120, Sch 2.8. Rep 1999 No 94, Sch 3 [7].

s 556B: Ins 1951 No 31, sec 4 (i) (i). Am 1974 No 50, sec 12 (t). Rep 1999 No 94, Sch 3 [7].

s 557, hdg: Rep 1974 No 50, sec 13 (a).

s 557: Am 1937 No 35, Second Sch. Rep 1974 No 50, sec 13 (a).

s 558: Am 1924 No 10, sec 28 (a); 1951 No 31, Sch. Subst 1974 No 50, sec 13 (b). Am 1982 No 81, Sch 1 (7) (rep); 1987 No 58, Sch 3; 1996 No 99, Sch 2.5 [6]. Rep 1999 No 94, Sch 3 [7].

s 559: Am 1924 No 10, sec 28 (b). Rep 1974 No 50, sec 13 (c).

s 560: Am 1935 No 13, sec 7 (1); 1951 No 31, Sch. Rep 1974 No 50, sec 13 (d).

s 560A: Ins 1924 No 10, sec 28 (c). Am 1987 No 48, Sch 32. Rep 1989 No 87, Sch 5.

s 561: Subst 1924 No 10, sec 28 (d). Am 1951 No 31, sec 4 (j), Sch; 1970 No 96, Sch 1. Rep 1974 No 50, sec 12 (e).

s 562: Am 1951 No 31, sec 4 (k), Sch. Rep 1974 No 50, sec 13 (f).

pt 15A: Ins 1987 No 184, Sch 1 (6). Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, hdg: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (4); 1994 No 83, Sch 1 (4). Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 1, hdg: Ins 1993 No 6, Sch 1 (1). Am 1994 No 83, Sch 1 (5). Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 1: Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562A: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (5); 1993 No 6, Sch 1 (2); 1993 No 101, Sch 1 (1); 1998 No 149, Sch 1 [2]; 1999 No 40, Sch 2 [4]; 1999 No 88, Sch 1 [4]–[6]; 2001 No 121, Sch 2.72 [47] (rep 2003 No 40, Sch 1.22 [1]); 2002 No 99, Sch 1.1. Subst 2006 No 73, Sch 1. Am 2007 No 74, Sch 1 [3]. Rep 2007 No 80, Sch 2.7 [3].

s 562AB: Ins 1993 No 101, Sch 2 (2). Am 1994 No 83, Sch 1 (6); 1995 No 22, Sch 2.3 [8]. Subst 1999 No 88, Sch 1 [7]. Rep 2006 No 73, Sch 1.

pt 15A, div 1A: Ins 1999 No 88, Sch 1 [8]. Rep 2006 No 73, Sch 1.

ss 562AC–562AF: Ins 1999 No 88, Sch 1 [8]. Rep 2006 No 73, Sch 1.

s 562AG: Ins 1999 No 88, Sch 1 [8]. Am 2001 No 121, Sch 2.72 [48]. Rep 2006 No 73, Sch 1.

pt 15A, div 1B: Ins 1999 No 88, Sch 1 [8]. Rep 2006 No 73, Sch 1.

ss 562AH–562AK: Ins 1999 No 88, Sch 1 [8]. Rep 2006 No 73, Sch 1.

s 562AL: Ins 2002 No 130, Sch 4 [7]. Rep 2006 No 73, Sch 1.

s 562B: Ins 1987 No 184, Sch 1 (6). Subst 1989 No 62, Sch 1 (6). Am 1993 No 101, Sch 1 (2); 1996 No 93, Sch 1 [1]. Rep 1999 No 88, Sch 1 [9]. Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562BA: Ins 1993 No 101, Sch 1 (3). Am 1996 No 93, Sch 1 [2]; 1999 No 40, Sch 2 [5] [6]; 1999 No 88, Sch 1 [10] [11]. Rep 2006 No 73, Sch 1.

s 562BB: Ins 1993 No 101, Sch 1 (3). Am 1996 No 93, Sch 1 [3]; 1998 No 149, Sch 1 [3]; 1999 No 40, Sch 2 [7]; 1999 No 88, Sch 1 [12] [13]. Rep 2006 No 73, Sch 1.

s 562BBA: Ins 1999 No 40, Sch 2 [8]. Am 1999 No 88, Sch 1 [14]; 2001 No 121, Sch 2.72 [49] [50]. Rep 2006 No 73, Sch 1.

s 562BBB: Ins 1999 No 40, Sch 2 [8]. Am 2001 No 121, Sch 2.72 [49] [51]. Rep 2006 No 73, Sch 1.

s 562BC: Ins 1993 No 101, Sch 1 (3). Rep 2006 No 73, Sch 1.

s 562BD: Ins 1993 No 101, Sch 1 (3). Am 1996 No 93, Sch 1 [4]. Rep 2006 No 73, Sch 1.

s 562BE: Ins 1996 No 93, Sch 1 [5]. Am 1999 No 88, Sch 1 [15] [16]; 2000 No 53, Sch 3.3 [50]. Rep 2006 No 73, Sch 1.

s 562BF: Ins 1996 No 93, Sch 1 [6]. Am 1999 No 88, Sch 1 [17]. Rep 2006 No 73, Sch 1.

s 562C: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (7); 1992 No 13, Sch 5 (6); 1993 No 101, Sch 1 (4); 1996 No 93, Sch 1 [7]; 1998 No 158, Sch 2.11 [2]; 2001 No 121, Sch 2.72 [31] [52] (am 2003 No 40, Sch 1.22 [2]). Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562D: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (8); 1992 No 2, Sch 1 (15); 1992 No 13, Sch 5 (7); 1996 No 93, Sch 1 [8]; 1998 No 54, Sch 2.6 [2]; 1998 No 127, Sch 3.2 [4]; 1999 No 88, Sch 1 [18]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562DA: Ins 1996 No 93, Sch 1 [9]. Rep 2006 No 73, Sch 1.

pt 15A, div 2, hdg: Ins 1993 No 6, Sch 1 (3). Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 2: Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562E: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (8). Subst 1993 No 101, Sch 1 (5). Am 1999 No 88, Sch 1 [19]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562F: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (8); 1993 No 101, Sch 1 (6); 1996 No 93, Sch 1 [10]; 1999 No 88, Sch 1 [20] [21]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562FA: Ins 1997 No 14, Sch 1. Rep 2006 No 73, Sch 1.

s 562G: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (9); 1995 No 23, Sch 1.2 [18]; 1999 No 88, Sch 1 [22]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562GA: Ins 1996 No 93, Sch 1 [11]. Rep 1999 No 88, Sch 1 [23].

s 562GB: Ins 1996 No 93, Sch 1 [11]. Rep 1999 No 88, Sch 1 [24].

s 562GC: Ins 1996 No 93, Sch 1 [11]. Rep 2006 No 73, Sch 1.

s 562H: Ins 1987 No 184, Sch 1 (6). Subst 1993 No 101, Sch 1 (7). Am 1996 No 93, Sch 1 [12]–[20]; 1998 No 158, Sch 2.11 [3]; 1999 No 40, Sch 2 [9]; 1999 No 88, Sch 1 [25]–[30]; 2001 No 117, Sch 3 [7] [8]; 2001 No 121, Sch 2.72 [53] [54]; 2006 No 58, Sch 2.9. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 3, hdg: Ins 1993 No 6, Sch 1 (4). Am 1999 No 88, Sch 1 [40]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 3: Ins 1993 No 6, Sch 1 (4). Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562I: Ins 1987 No 184, Sch 1 (6). Am 1993 No 101, Sch 1 (8); 1995 No 23, Sch 1.2 [19]; 1996 No 93, Sch 1 [21]; 1999 No 88, Sch 1 [31]; 2001 No 121, Sch 2.72 [19]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562J: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (8); 1993 No 101, Sch 1 (9); 1999 No 88, Sch 1 [32]–[34]; 2001 No 121, Sch 2.72 [49]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562K: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (9); 1993 No 101, Sch 1 (10); 1995 No 23, Sch 1.2 [20]; 1996 No 93, Sch 1 [22]. Rep 1999 No 88, Sch 1 [35]. Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562L: Ins 1987 No 184, Sch 1 (6). Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562M: Ins 1987 No 184, Sch 1 (6). Am 1998 No 137, Sch 2.7 [1] [2]; 1999 No 40, Sch 2 [10]. Rep 1999 No 88, Sch 1 [36]. Ins 2006 No 73, Sch 1 (am 2006 No 120, Sch 2.17 [1]). Rep 2007 No 80, Sch 2.7 [3].

s 562N: Ins 1987 No 184, Sch 1 (6). Am 1989 No 62, Sch 1 (9); 1992 No 13, Sch 5 (8); 1993 No 101, Sch 1 (11). Subst 1999 No 88, Sch 1 [37]. Am 2001 No 121, Sch 2.72 [55]–[57]. Subst 2006 No 73, Sch 1 (am 2006 No 120, Sch 2.17 [1]). Rep 2007 No 80, Sch 2.7 [3].

s 562NA: Ins 1996 No 93, Sch 1 [23]. Am 1997 No 143, Sch 1.2 [2]. Rep 2006 No 73, Sch 1.

s 562NB: Ins 1999 No 88, Sch 1 [38]. Am 2001 No 121, Sch 2.72 [58]. Rep 2006 No 73, Sch 1.

s 562NC: Ins 1999 No 88, Sch 1 [38]. Am 2001 No 121, Sch 2.72 [58]. Rep 2006 No 73, Sch 1.

s 562ND: Ins 1999 No 88, Sch 1 [39]. Rep 2006 No 73, Sch 1.

pt 15A, div 4: Ins 1999 No 88, Sch 1 [45]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 4, sdiv 1: Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562O: Ins 1987 No 184, Sch 1 (6). Am 1996 No 93, Sch 1 [24]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562P: Ins 1987 No 184, Sch 1 (6). Rep 2000 No 93, Sch 2.10. Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562Q: Ins 1987 No 184, Sch 1 (6). Rep 1997 No 135, Sch 1 [8]. Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562R: Ins 1987 No 184, Sch 1 (6). Subst 1989 No 62, Sch 1 (10); 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562RA: Ins 1999 No 88, Sch 1 [41]. Rep 2006 No 73, Sch 1.

s 562S: Ins 1993 No 6, Sch 1 (4). Am 1999 No 88, Sch 1 [42]; 2001 No 121, Sch 2.72 [49]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562T: Ins 1993 No 6, Sch 1 (4). Am 1999 No 88, Sch 1 [42]; 2001 No 121, Sch 2.72 [49]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562U: Ins 1993 No 6, Sch 1 (4). Am 1995 No 23, Sch 1.2 [21]; 1999 No 88, Sch 1 [42]–[44]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562V: Ins 1993 No 6, Sch 1 (4). Am 1999 No 88, Sch 1 [42]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562W: Ins 1999 No 88, Sch 1 [45]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562WA: Ins 1999 No 88, Sch 1 [45]. Subst 2001 No 121, Sch 2.72 [59]. Am 2004 No 91, Sch 2.12. Rep 2006 No 73, Sch 1.

s 562WB: Ins 1999 No 88, Sch 1 [45]. Am 2001 No 121, Sch 2.72 [58] [60]. Rep 2006 No 73, Sch 1.

s 562WC: Ins 1999 No 88, Sch 1 [45]. Rep 2006 No 73, Sch 1.

s 562X: Ins 1999 No 88, Sch 1 [45]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562Y: Ins 1999 No 88, Sch 1 [45]. Subst 2001 No 121, Sch 2.72 [61]; 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562Z: Ins 1999 No 88, Sch 1 [45]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 4, sdiv 2 (ss 562ZA–562ZC): Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 5: Ins 1999 No 88, Sch 1 [45]. Subst 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

ss 562ZD–562ZG: Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, div 6: Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562ZH: Ins 2006 No 73, Sch 1. Am 2007 No 6, Sch 2.2 [1] [2]. Rep 2007 No 80, Sch 2.7 [3].

ss 562ZI–562ZM: Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

s 562ZN: Ins 2006 No 73, Sch 1. Am 2007 No 6, Sch 2.2 [3]. Rep 2007 No 80, Sch 2.7 [3].

s 562ZO: Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

pt 15A, divs 7–11 (ss 562ZP–562ZZX): Ins 2006 No 73, Sch 1. Rep 2007 No 80, Sch 2.7 [3].

Part 16 Miscellaneous enactments

563–573 (Repealed)

s 563: Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1973 No 9, Sch 2. Rep 1977 No 19, Sch 1. Ins 1998 No 38, Sch 2. Am 2001 No 121, Sch 2.72 [19]. Rep 2002 No 103, Sch 4.16 [7].

s 564: Am 1978 No 166, Sch 1 (6). Rep 1999 No 94, Sch 3 [17].

s 565: Rep 1999 No 94, Sch 3 [17].

s 565A: Ins 1978 No 166, Sch 1 (7). Rep 1999 No 94, Sch 3 [17].

s 566: Rep 1999 No 94, Sch 3 [17].

s 567: Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch). Rep 1999 No 94, Sch 3 [17].

s 567A: Ins 1979 No 95, Sch 1 (6). Rep 1999 No 94, Sch 3 [17].

s 568: Am 1957 No 13, sec 11. Rep 1973 No 9, Sch 2.

ss 569–571: Rep 1973 No 9, Sch 2.

s 572: Am 1980 No 53, Sch 2 (31). Rep 1986 No 212, Sch 1.

s 573: Am 1937 No 35, Second Sch; 1964 No 74, Sch 2. Rep 1996 No 6, Sch 1.

574 Prosecutions for blasphemy

No person shall be liable to prosecution in respect of any publication by him or her orally, or otherwise, of words or matter charged as blasphemous, where the same is by way of argument, or statement, and not for the purpose of scoffing or reviling, nor of violating public decency, nor in any manner tending to a breach of the peace.

574A (Repealed)

s 574A: Ins 1974 No 18, Sch 1. Rep 1999 No 94, Sch 3 [17].

574B Prevention of suicide

It shall be lawful for a person to use such force as may reasonably be necessary to prevent the suicide of another person or any act which the person believes on reasonable grounds would, if committed, result in that suicide.

s 574B: Ins 1983 No 180, Sch 1 (5).

575–578 (Repealed)

ss 575–577: Rep 1999 No 94, Sch 3 [17].

s 577A: Ins 1995 No 23, Sch 1.2 [22]. Am 1995 No 99, Sch 2.4 [2]. Rep 1999 No 94, Sch 3 [17].

s 578: Ins 1955 No 16, sec 6 (e). Am 1974 No 50, sec 13 (g); 1980 No 53, Sch 2 (32); 1981 No 42, Sch 1 (18); 1984 No 7, Sch 1 (11); 1985 No 149, Schs 1 (7), 2 (21); 1987 No 184, Schs 2 (11), 3 (10); 1988 No 115, Sch 1 (6); 1989 No 198, Sch 1 (12); 1992 No 112, Sch 1; 1998 No 149, Sch 1 [4] [5]. Rep 1999 No 94, Sch 3 [17].

578A Prohibition of publication identifying victims of certain sexual offences

(1)  In this section—

complainant has the same meaning as in Division 1 of Part 5 of Chapter 6 of the Criminal Procedure Act 1986.

matter includes a picture.

prescribed sexual offence has the same meaning as in the Criminal Procedure Act 1986.

publish includes—

(a)  broadcast by radio or television, or

(b)  disseminate by any other electronic means such as the internet.

(2)  A person shall not publish any matter which identifies the complainant in prescribed sexual offence proceedings or any matter which is likely to lead to the identification of the complainant.

Penalty: In the case of an individual—50 penalty units or imprisonment for 6 months, or both; in the case of a corporation—500 penalty units.

(3)  This section applies even though the prescribed sexual offence proceedings have been finally disposed of.

(4)  This section does not apply to—

(a)  a publication authorised by the Judge or Justice presiding in the proceedings concerned,

(b)  a publication made with the consent of the complainant (being a complainant who is of or over the age of 14 years at the time of publication),

(c)  a publication authorised by the court concerned under section 15D of the Children (Criminal Proceedings) Act 1987 in respect of a complainant who is under the age of 16 years at the time of publication,

(d)  an official law report of the prescribed sexual offence proceedings or any official publication in the course of, and for the purposes of, those proceedings,

(e)  the supply of transcripts of the prescribed sexual offence proceedings to persons with a genuine interest in those proceedings or for genuine research purposes, or

(f)  a publication made after the complainant’s death.

(5)  A Judge or Justice shall not authorise a publication under subsection (4) (a) unless the Judge or Justice—

(a)  has sought and considered any views of the complainant, and

(b)  is satisfied that the publication is in the public interest.

(6)  The prohibition contained in this section applies in addition to any other prohibition or restriction imposed by law on the publication of any matter relating to prescribed sexual offence proceedings.

(7)  Proceedings for an offence against this section shall be dealt with summarily before—

(a)  the Local Court, or

(b)  the Supreme Court in its summary jurisdiction.

(8)  If proceedings for an offence against this Act are brought before the Local Court, the maximum penalty that the Local Court may impose on a corporation is 50 penalty units.

(9)  Proceedings for an offence against this section that are brought before the Local Court must be commenced within 2 years of the date of the alleged offence.

s 578A: Ins 1987 No 184, Sch 3 (11). Am 1992 No 34, Sch 1; 2000 No 53, Sch 3.3 [51]; 2001 No 121, Sch 2.72 [19]; 2005 No 25, Sch 2.2; 2006 No 88, Sch 2; 2007 No 94, Sch 2; 2016 No 55, Sch 3.5; 2018 No 34, Sch 3.3.

578B (Repealed)

s 578B: Ins 1995 No 63, Sch 2 (5). Am 1997 No 142, Sch 1 [5]; 1998 No 149, Sch 1 [6]; 2001 No 117, Sch 3 [9] [10]; 2001 No 121, Sch 2.72 [19]. Rep 2004 No 95, Sch 1 [5].

578C Publishing indecent articles

(1)  In this section—

article includes any thing—

(a)  that contains or embodies matter to be read or looked at, or

(b)  that is to be looked at, or

(c)  that is a record, or

(d)  that can be used, either alone or as one of a set, for the production or manufacture of any thing referred to in paragraphs (a), (b) or (c),

but it does not include—

(e)  any film that is classified (other than as RC or X 18+) under the Commonwealth Act, or

(f)  any publication that is classified Unrestricted, Category 1 restricted or Category 2 restricted under the Commonwealth Act, or

(g)  any computer game that is classified (other than as RC) under the Commonwealth Act, or

(h)  any film, publication or computer game that is the subject of an exemption under Division 3 of Part 6 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995.

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

computer game, film and publication each have the same meanings, respectively, as in the Commonwealth Act.

publish includes—

(a)  distribute, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell, offer for sale, let on hire or offer to let on hire, or

(b)  have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a), or

(c)  print, photograph or make in any other manner (whether of the same or of a different kind or nature) for the purpose of doing such an act.

record means a gramophone record or a wire or tape, or a film, and any other thing of the same or of a different kind or nature, on which is recorded a sound or picture and from which, with the aid of a suitable apparatus, the sound or picture can be produced (whether or not it is in a distorted or altered form).

(2)  A person who publishes an indecent article is guilty of an offence.

Maximum penalty—in the case of an individual—100 penalty units or imprisonment for 12 months (or both), and in the case of a corporation—200 penalty units.

(2A)–(2C)    (Repealed)

(3)  Nothing in this section makes it an offence for—

(a)  a person to publish an indecent article for the purposes of an application for classification under the Commonwealth Act,

(b)  for any member or officer of a law enforcement agency (within the meaning of the Criminal Records Act 1991) to publish an indecent article in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under any Act or law.

(3A)  A person cannot be convicted of an offence against this section and section 91H in respect of the same matter.

(4)  For the purposes of this section, an article may be indecent even though part of it is not indecent.

(5)  Proceedings for an offence under subsection (2) are to be dealt with summarily before the Local Court.

(5A)    (Repealed)

(6)  In any proceedings for an offence under this section in which indecency is in issue, the opinion of an expert as to whether or not an article has any merit in the field of literature, art, medicine or science (and if so, the nature and extent of that merit) is admissible as evidence.

(7)  If a corporation contravenes, whether by act or omission, another provision of this section, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the provision if the person knowingly authorised or permitted the contravention.

(8)  A person may be proceeded against and convicted under a provision pursuant to subsection (7) whether or not the corporation has been proceeded against or been convicted under that provision.

(9)  Nothing in subsection (7) or (8) affects any liability imposed on a corporation for an offence committed by the corporation under a provision of this section.

s 578C: Ins 1995 No 63, Sch 2 (5). Am 1997 No 142, Sch 1 [6]–[10]; 2001 No 117, Sch 3 [11]; 2001 No 121, Sch 2.72 [19]; 2004 No 82, Sch 2.2; 2004 No 95, Sch 1 [6]–[9]; 2007 No 94, Sch 2.

578D (Repealed)

s 578D: Ins 1995 No 63, Sch 2 (5). Am 2004 No 95, Sch 1 [10]. Rep 2002 No 103, Sch 4.16 [8].

578E Offences relating to advertising or displaying products associated with sexual behaviour

(1)  This section applies to products (such as articles, compounds, preparations or devices, but not printed matter) that are primarily concerned with, or intended to be used in connection with, sexual behaviour.

(2)  Any person who carries on, or who is engaged in, the business of selling or disposing of products to which this section applies must not—

(a)  advertise, or cause another person to advertise, in any manner the nature of that business, or

(b)  exhibit or display any such products—

(i)  to a person who has not consented to or requested the exhibition or display, or

(ii)  in a manner so that they can be seen from outside the premises of the business by members of the public.

Maximum penalty—in the case of an individual—100 penalty units or imprisonment for 12 months (or both), and in the case of a corporation—200 penalty units.

(3)  Nothing in this section makes it an offence for a person who carries on (or who is engaged in) the business of selling or disposing of products to which this section applies to advertise the nature of that business to a person who carries on (or who is engaged in) a business or profession that ordinarily involves selling or disposing of, or advising on or prescribing the use of, such products.

(4)  This section does not apply—

(a)  to any person who carries on (or who is engaged in) a business that sells or disposes of contraceptive devices or compounds (but not any other type of product to which this section applies), or

(b)  to such persons, or classes of persons, as the Minister may, by notice published in the Gazette, specify for the purposes of this section.

(5)  A person can rely on the exemption provided by subsection (4) (a) only if the contraceptive devices or compounds are not displayed or exhibited to public view in any window or entrance to the premises of the business.

(6)  Proceedings for an offence under this section are to be dealt with summarily before the Local Court.

s 578E: Ins 1995 No 63, Sch 2 (5). Am 2001 No 121, Sch 2.72 [19]; 2007 No 94, Sch 2.

579 Evidence of proceedings dealt with by way of recognizance after 15 years

(1)  Where, following the conviction of any person for an offence or a finding that a charge of an offence has been proved against any person, whether the conviction or finding was before or after the commencement of the Crimes (Amendment) Act 1961—

(a)  sentence in respect of the conviction was suspended or deferred upon the person entering into a recognizance or, in substitution for sentence in respect of the conviction, the person was required to enter into a recognizance, or no conviction in respect of the finding was made and the person was discharged conditionally on his or her entering into a recognizance, and

(b)  a period of fifteen years has elapsed since the recognizance was entered into—

(i)  without the recognizance having been forfeited during that period or a court having found during that period that the person failed to observe any condition of the recognizance, and

(ii)  without the person having, during that period, been convicted of an indictable offence on indictment or otherwise or of any other offence punishable by imprisonment or without a finding during that period that a charge of such an indictable or other offence has been proved against the person,

the conviction or finding shall, where that period expired before the commencement of the Crimes (Amendment) Act 1961, as on and from that commencement, or, where that period expires or has expired after that commencement, as on and from the expiration of that period—

(c)  be disregarded for all purposes whatsoever, and

(d)  without prejudice to the generality of paragraph (c), be inadmissible in any criminal, civil or other legal proceedings as being no longer of any legal force or effect.

Without prejudice to the generality of the foregoing provisions of this section, any question asked of or concerning that person in or in relation to any criminal, civil or other legal proceedings otherwise than by his or her Australian legal practitioner, his or her agent or other person acting on his or her behalf may be answered as if the conviction or finding had never taken place or the recognizance had never been entered into.

(2)  Notwithstanding the provisions of subsection (1), where in any criminal, civil or other legal proceedings the person first referred to in that subsection, by himself or herself, his or her Australian legal practitioner, his or her agent or other person acting on his or her behalf, otherwise than in answer to a question that can, in accordance with the last paragraph of that subsection, be answered in the negative, makes an assertion that denies the fact that the conviction or finding took place or that the recognizance was entered into, then the conviction, finding or recognizance is admissible—

(a)  in those proceedings, as to the character, credit or reputation of the person so referred to,

(b)  in any prosecution for perjury or false swearing founded on the assertion.

The non-disclosure of the conviction, finding or recognizance in the making or giving of a statement or evidence as to the good character, credit or reputation of the person so referred to shall not of itself be taken, for the purposes of this subsection, to mean that the statement or evidence contains such an assertion.

(3)  In this section legal proceedings includes any application for a licence, registration, authority, permit or the like under any statute.

(4)  This section does not affect the operation of section 529 (10), or the operation of section 178 (Convictions, acquittals and other judicial proceedings) of the Evidence Act 1995, for the purposes of section 529 (10).

s 579: Ins 1961 No 70, sec 2 (f). Am 1974 No 18, Sch 1; 1995 No 27, Sch 1; 2001 No 121, Sch 2.72 [62]; 2005 No 77, Sch 5.1 [5]; 2006 No 120, Sch 3.6 [3].

580 Certain charges not to be brought at common law

A person may not be charged with any common law offence in respect of any act committed upon or in relation to another person, being an act which could, but for the amendment of sections 79 and 80 and the repeal of sections 81, 81A and 81B by the Crimes (Amendment) Act 1984, have been the subject of a charge for an offence under any of those sections.

s 580: Ins 1984 No 7, Sch 1 (12).

580A Abolition of offence of being a common nightwalker

(1)  The common law offence of being a common nightwalker is abolished.

(2)  This section does not apply to an offence committed before the date of assent to the Crimes (Common Nightwalkers) Amendment Act 1993.

s 580A: Ins 1993 No 52, sec 3.

580B Abolition of offences of eavesdropping and being a common scold

The common law offences of eavesdropping and being a common scold are abolished.

s 580B: Ins 1995 No 23, Sch 1.2 [23].

580C Abolition of common law offences relating to brothels

(1)  The common law offence of keeping a common bawdy house or brothel is abolished.

(2)  A person cannot be convicted after the commencement of this section of an offence referred to in subsection (1) whether committed before or after that commencement.

(3)  A person cannot be convicted after the commencement of this section of the common law offence of keeping a common, ill-governed and disorderly house, whether committed before or after that commencement, solely because—

(a)  the relevant premises were used for the purposes of prostitution, or

(b)  the person had control of or managed, or took part or assisted in the control or management of, premises used for the purposes of prostitution.

s 580C: Ins 1995 No 53, Sch 2.

580D Abolition of rule that husband and wife cannot be guilty of conspiracy

Any common law rule that a husband and wife cannot be found guilty of conspiracy together is abolished.

s 580D: Ins 1998 No 149, Sch 1 [7].

580E Abolition of distinction between felony and misdemeanour

(1)  All distinctions between felony and misdemeanour are abolished.

(2)  In all matters in which a distinction has previously been made between felony and misdemeanour, the law and practice in regard to indictable offences is to be the law and practice applicable, immediately before the commencement of this section, to misdemeanours.

(3)  Any proceedings for an offence that were commenced before the commencement of this section (being proceedings for an offence that was previously a felony or misdemeanour) are to continue to be dealt with, and to be disposed of, as if the Crimes Legislation Amendment (Sentencing) Act 1999 had not been enacted.

(4)  Subject to the regulations, in any Act or instrument—

(a)  a reference to a felony is taken to be a reference to a serious indictable offence, and

(b)  a reference to a misdemeanour is taken to be a reference to a minor indictable offence.

(5)  This section does not affect the operation of any Act or instrument that restricts the commencement of proceedings against any person in respect of any offence.

ss 580E–580G: Ins 1999 No 94, Sch 3 [68].

580F Abolition of penal servitude

(1)  The punishment of penal servitude is abolished.

(2)  Any sentence of penal servitude that was in force, immediately before the commencement of this section, is to be taken to be a sentence of imprisonment and is to continue in force as such for the remainder of the term for which the sentence of penal servitude would, but for this section, have continued in force.

(3)  Subject to the regulations, in any Act or instrument, a reference to penal servitude is taken to be a reference to imprisonment.

ss 580E–580G: Ins 1999 No 94, Sch 3 [68].

580G Abolition of imprisonment with light or hard labour

(1)  The punishments of imprisonment with light labour and imprisonment with hard labour are abolished.

(2)  Any sentence of imprisonment with light labour or imprisonment with hard labour that was in force, immediately before the commencement of this section, is to be taken to be a sentence of imprisonment only and is to continue to have effect as such for the remainder of the term for which the sentence of imprisonment with light labour or imprisonment with hard labour would, but for this section, have had effect.

ss 580E–580G: Ins 1999 No 94, Sch 3 [68].

580H Abolition of common law offences and rules

Schedule 3 has effect.

s 580H: Ins 2007 No 38, Sch 2 [29].

581 Savings and transitional provisions

Schedule 11 has effect.

s 581: Ins 1989 No 198, Sch 1 (13). Am 2007 No 38, Sch 2 [30].

582 Regulations

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

s 582: Ins 1997 No 135, Sch 1 [9].

583 Review of certain provisions relating to consent

(1)  The Minister must conduct reviews of the reviewable provisions to identify if—

(a)  the policy objectives of the reviewable provisions remain valid, and

(b)  the terms of the reviewable provisions remain appropriate for securing the objectives.

(2)  In conducting the review, the Minister must consider the transcripts of criminal trials—

(a)  conducted during the review period, and

(b)  to which the reviewable provisions were applicable.

(3)  The first review must be commenced within 6 months after the period of 3 years after the commencement date.

(4)  Subsequent reviews must be commenced every 5 years after the end of the 6-month period.

(5)  A report on the outcome of each review must be tabled in each House of Parliament within 1 year after the last day by which the review must be commenced.

(6)  The Minister must, at least 6 months before each review, table in each House of Parliament a report on the training that has occurred during the review period in relation to communicative consent, detailing—

(a)  the type of training provided, and

(b)  the number and kinds of persons to whom it has been provided, including whether it has been provided to police officers, judicial officers or legal practitioners, and

(c)  how effective the training has been.

(7)  In this section—

commencement date means the date on which the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 commences.

reviewable provisions means—

(a)  sections 61H, 61HA, 61HB and 61HC, and

(b)  Part 3, Division 10, Subdivision 1A.

s 583: Ins 2021 No 43, Sch 1[24].

584 Review of Part 3A, Division 9

(1)  The Minister must, from time to time, review Part 3A, Division 9 to determine whether—

(a)  the policy objectives of the Division remain valid, and

(b)  the terms of the Division remain appropriate for securing the objectives.

(2)  A review under subsection (1) must be commenced—

(a)  for the first review—within 3 years and 6 months after the commencement of the Crimes Amendment (Prohibition on Display of Nazi Symbols) Act 2022, and

(b)  for subsequent reviews—at intervals of not more than 5 years.

(3)  A report on the outcome of each review is to be tabled in each House of Parliament within 12 months after the last day by which the review must be commenced.

s 584: Ins 2022 No 37, Sch 1[2].

First Schedule (Repealed)

First Sch: Am 1987 No 15, Sch 2. Rep 1999 No 94, Sch 3 [18].

Schedule 1A Former sexual offences

(Sections 66EA, 80AF and 316A)

Column 1	Column 2
Provision of this Act	Description of offence (for guidance only as the description of the offence may have changed over time)
Section 61B	Maliciously inflicting grievous bodily harm with intent to have sexual intercourse
Section 61C	Maliciously inflicting actual bodily harm with intent to have sexual intercourse
Section 61D	Sexual intercourse without consent
Section 61E	Indecent assault and act of indecency
Section 61F	Attempted offence under section 61B, 61C, 61D or 61E
Section 61L	Indecent assault
Section 61M	Aggravated indecent assault
Section 61N	Act of indecency
Section 61O	Aggravated act of indecency
Section 61P	Attempt to commit an offence under sections 61I–61O
Section 63	Rape
Section 65	Attempted rape
Section 65A	Sexual intercourse procured by non-violent threats
Section 66	Carnal knowledge by fraud
Section 67	Carnal knowledge of a girl under 10
Section 68	Attempted carnal knowledge of a girl under 10
Section 71	Carnal knowledge of a girl between 10 and 14/Carnal knowledge of a girl between 10 and 16
Section 72	Attempted carnal knowledge of a girl between 10 and 14/Attempted carnal knowledge of a girl between 10 and 16
Section 72A	Carnal knowledge of an idiot or imbecile
Section 74	Attempted carnal knowledge of a girl between 10 and 16 by teacher etc/Attempted carnal knowledge of a girl between 10 and 17 by teacher etc
Section 76	Indecent assault of female
Section 76A	Act of indecency with or toward girl under 16 years
Section 77	Indecent assault on girl under 14
Section 78	Indecent assault on female above the age of 14
Section 78H	Homosexual intercourse with male under 10
Section 78I	Attempt, or assault with intent, to have homosexual intercourse with male under 10
Section 78K	Homosexual intercourse with male between 10 and 18
Section 78L	Attempt, or assault with intent, to have homosexual intercourse with male between 10 and 18
Section 78M	Homosexual intercourse with idiot or imbecile
Section 78N	Homosexual intercourse by teacher etc
Section 78O	Attempt, or assault with intent, to have homosexual intercourse with pupil etc
Section 78Q	Act of gross indecency
Section 79 (but only in relation to an offence of buggery)	Buggery and bestiality
Section 80	Attempt etc to commit buggery
Section 81	Indecent assault on a male
Section 81A	Procuring or attempting to procure the commission of an act of indecency by a male person with another male person
Section 81B	Soliciting or inciting an offence under section 79, 81 or 81A in a public place

sch 1A: Ins 2018 No 33, Sch 1 [59]. Am 2018 No 94, Sch 2.3 [2].

Schedule 2 Application of Act

(Section 3)

sch 2, hdg (previously Second Sch, heading): Subst 1974 No 50, sec 13 (h); 2007 No 38, Sch 2 [31].

Part 1.
Part 1A.
Sections 23, 34, 40, 61AA, 62 and 80AE (in Part 3).
Sections 116, 118–124, 128–130, 163, 183, 191, 193 and 194 (in Part 4).
Sections 250 and 251 (in Part 5).
Section 310B (in Part 6A).
Sections 345–347 and 351 (in Part 9).
Parts 10, 10A, 10B, 11 and 12.
Part 16.

sch 2 (previously Second Sch): Subst 1974 No 50, sec 13 (h). Am 1987 No 184, Sch 3 (12); 1987 No 287, Sch 1 (10); 1992 No 83, Sch 1 (4); 1993 No 64, Sch 1 (5); 1996 No 6, Sch 1; 1998 No 149, Sch 1 [8]–[11]; 1999 No 94, Sch 3 [19] [69]; 2000 No 43, Sch 1 [10]; 2001 No 89, Sch 1 [2]; 2006 No 70, Sch 2.1 [5]. Renumbered 2007 No 38, Sch 2 [31]. Am 2007 No 38, Sch 2 [32]; 2018 No 33, Sch 1 [60].

Schedule 3 Abolished common law offences and rules

(Section 580H)

1 Arson

(1)  The common law offence of arson is abolished.

(2)  This clause does not apply to an offence committed before the commencement of section 3 of the Crimes (Criminal Destruction and Damage) Amendment Act 1987.

2 Forgery

(1)  The common law offence of forgery is abolished.

(2)  This clause does not apply to an offence committed before 16 July 1989 (the date of commencement of the Crimes (Computers and Forgery) Amendment Act 1989).

3 Riot, rout and affray

(1)  The common law offences of riot, rout and affray are abolished.

(2)  This clause does not apply to an offence committed before 19 February 1989 (the date of commencement of the Crimes (Amendment) Act 1988).

4 Coercion of wife by husband

(1)  Any presumption of law that an offence committed by a wife in the presence of her husband is committed under coercion of the husband is abolished.

(2)  This clause does not apply to an offence committed before 1 October 1924 (the date of commencement of the Crimes (Amendment) Act 1924).

5 Maintenance (including champerty)

(1)  The common law offence of maintenance (including champerty) is abolished.

(2)  Subclause (1) re-enacts section 3 of the Maintenance, Champerty and Barratry Abolition Act 1993 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

Note.

The tort of maintenance (including champerty) is also abolished. See clause 2 of Schedule 2 to the Civil Liability Act 2002.

6 Common barrator

(1)  The common law offence of being a common barrator is abolished.

(2)  Subclause (1) re-enacts section 4A of the Maintenance, Champerty and Barratry Abolition Act 1993 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

7 Person who fails to disclose crime committed by the person’s husband or wife or de facto partner

(1)  Any common law rule that a person cannot be found guilty of an offence involving failing to disclose a crime committed by the person’s husband or wife or de facto partner is abolished.

(2)  This clause applies only to or in respect of an offence involving failing to disclose such a crime if the offence is committed, or alleged to have been committed, on or after the commencement of this clause.

8 Abortion

Any rule of common law that creates an offence in relation to procuring a person’s miscarriage is abolished.

sch 3 (previously Third Sch): Am 1986 No 212, Sch 1; 1998 No 54, Sch 2.6 [11]. Rep 1999 No 94, Sch 3 [18]. Ins 2007 No 38, Sch 2 [33]. Am 2011 No 27, Sch 3.5; 2012 No 67, Sch 1 [4]; 2019 No 11, Sch 2.1[5].

Fourth–Ninth Schedules (Repealed)

Fourth Sch: Am 1974 No 50, sec 13 (i); 1987 No 287, Sch 1 (11). Rep 1999 No 94, Sch 3 [18].

Fifth Sch: Rep 1999 No 94, Sch 3 [18].

Sixth Sch: Am 1929 No 2, sec 16 (1). Rep 1974 No 50, sec 13 (j).

Seventh Sch: Rep 1985 No 58, Sch 1 (11).

Eighth Sch: Ins 1929 No 2, sec 11 (2) (c). Rep 1989 No 219, sec 5.

Ninth Sch: Ins 1955 No 16, sec 4 (k). Am 1980 No 53, Sch 1 (11); 1987 No 48, Sch 4 (12). Rep 1989 No 40, Sch 2 (3).

Schedule 10

(Section 475A)

1 Offences punishable by the Supreme Court in its summary jurisdiction

(a)–(d1)    (Repealed)

(e)  The common law offence of conspiracy to cheat and defraud.

(f)  Subject to section 475A (2) of this Act, any offence arising under, or the common law offence of attempting, or of conspiracy, to commit any offence arising under—

(i)  section 327, 330 or 335 of this Act.

(ii)–(vi)    (Repealed)

A reference in this Schedule to a provision of this Act is a reference to the provision as in force immediately before the commencement of the Crimes Amendment Act 2007.

sch 10 (previously Tenth Sch): Ins 1979 No 95, Sch 1 (7). Am 1981 No 65, Sch 1 (2); 1981 No 123, Sch 8; 1988 No 64, Sch 2 (2); 1989 No 71, Sch 1 (13); 1990 No 51, Sch 1 (6); 2000 No 53, Sch 3.3 [52]. Renumbered 2007 No 38, Sch 2 [34]. Am 2007 No 38, Sch 2 [35]; 2016 No 54, Sch 1.4 [2] [3].

Schedule 11 Savings, transitional and other provisions

(Section 581)

sch 11, hdg (previously Eleventh Sch, heading): Ins 1989 No 198, Sch 1 (14). Subst 2007 No 38, Sch 2 [36]. Am 2018 No 33, Sch 1 [61].

Part 1A Crimes (Sexual Assault) Amendment Act 1981

1A Application of section 30 of Interpretation Act 1987

Section 30 of the Interpretation Act 1987 applies to and in respect of the abolition by section 63 of the common law offences of rape and attempted rape in the same way as it applies to and in respect of the repeal of an Act or statutory rule.

1B Construction of certain references

In any other Act or instrument made under an Act—

(a)  a reference to rape, the crime of rape, the offence of rape or an offence under section 63 is to be read and construed as a reference to an offence under section 61B, 61C or 61D, and

(b)  a reference to attempted rape, attempting to commit rape, attempting to commit the crime of rape, attempting to commit the offence of rape or an offence under section 65 is to be read and construed as a reference to the offence of attempting to commit an offence under section 61B, 61C or 61D,

but a reference to a crime or misdemeanour which was punishable by death immediately before the commencement of the Crimes (Amendment) Act 1955 is to be read and construed as not including a reference to an offence under section 61B, 61C or 61D.

1C Statement for purposes of section 30A of Interpretation Act 1987

(1)  Clauses 1A and 1B re-enact (with modifications) section 4 of the Crimes (Sexual Assault) Amendment Act 1981.

(2)  Clauses 1A and 1B are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

(3)  Clauses 1A and 1B are taken to have commenced on the commencement of the Crimes (Sexual Assault) Amendment Act 1981.

Part 1 Crimes (Amendment) Act 1989

1 References in legislation

(1)  In any other Act, in any instrument made under any Act or in any document of any kind—

(a)  a reference (however expressed) to sexual intercourse within the meaning of section 61A is to be taken to be a reference to sexual intercourse within the meaning of section 61H, and

(b)  a reference to an offence under section 61B or 61C is to be taken to include a reference to an offence under section 61K, and

(c)  a reference to an offence under section 61D is to be taken to include a reference to an offence under section 61I or 61J, and

(d)  a reference to an offence under section 61E is to be taken to include a reference to an offence under section 61L, 61M, 61N or 61O, and

(e)  a reference to an attempt referred to in section 61F is to be taken to include a reference to an attempt referred to in section 61P.

(2)  Subclause (1) does not apply in relation to offences committed or alleged to have been committed before the commencement of Schedule 1 (2) to the Crimes (Amendment) Act 1989.

2 Omitted provisions

Sections 61A–61G as in force before their repeal by the Crimes (Amendment) Act 1989 continue to apply to offences committed or alleged to have been committed before the repeal.

Part 2 Criminal Legislation (Amendment) Act 1992

3 Sexual intercourse

It is declared that, from 14 July 1981 (being the date of commencement of the amendments made by the Crimes (Sexual Assault) Amendment Act 1981) until the commencement of the amendment made by the Criminal Legislation (Amendment) Act 1992 to section 61H, an act has been an act of sexual intercourse within the meaning of this Act at the relevant time if the act has comprised sexual intercourse within the meaning of section 61H, as amended by the Criminal Legislation (Amendment) Act 1992.

4 Consent to sexual intercourse

The amendments to section 61R made by the Criminal Legislation (Amendment) Act 1992 apply only in respect of offences committed after the commencement of the amendments.

5 Application of amendment to section 409

The amendment made by the Criminal Legislation (Amendment) Act 1992 to section 409, to the extent to which it applies to a written statement the whole or a part of which was tendered as evidence on a plea of guilty under section 51A of the Justices Act 1902, applies to such a statement tendered after the commencement of the amendment.

6 Operation of amendments relating to taking of vehicles without consent and other indictable offences

(1)  The amendments to sections 476 and 496A made by the Criminal Legislation (Amendment) Act 1992 apply only in respect of proceedings for offences committed after the commencement of the amendments.

(2)  This Act applies in respect of proceedings for offences committed before the commencement of any such amendments as if the amendments had not been made.

(3)  Section 526A continues to apply to offences committed before that section was repealed as if the section is still in force.

7 Reduction of sentences for assistance to authorities

Section 442B of this Act and section 5DA of the Criminal Appeal Act 1912, as inserted by the Criminal Legislation (Amendment) Act 1992, apply only to a sentence imposed after the commencement of the section concerned, but so apply whether the offence in relation to which the sentence is imposed was committed before or after that commencement.

Part 3 Crimes (Registration of Interstate Restraint Orders) Amendment Act 1993

8 Interstate restraint orders

Part 15A, as amended by the Crimes (Registration of Interstate Restraint Orders) Amendment Act 1993, extends to an interstate restraint order (within the meaning of that Part) made before the commencement of that Act.

Part 4 Crimes Legislation (Review of Convictions) Amendment Act 1993

9 Definition

In this Part, appointed day means the day appointed under section 2 of the Crimes Legislation (Review of Convictions) Amendment Act 1993.

10 Matters arising under section 475

(1)  Any matter that was pending, immediately before the appointed day, under section 475 (as in force before the appointed day) is to be finally disposed of in accordance with that section as if that section were still in force.

(2)  However, section 474H (2) (which enables a prescribed person to refer matters to the Court of Criminal Appeal) extends to a prescribed person conducting an inquiry under section 475.

(3)  Despite subclause (1), subsections (2), (3) and (4) of section 474G (which confer certain powers on a person conducting an inquiry under Division 4 of Part 13A) extend to a prescribed person conducting an inquiry under section 475 and to any witness summoned by or before the prescribed person.

11 Matters arising under section 26 of Criminal Appeal Act 1912

Any matter that was pending, immediately before the appointed day, under section 26 of the Criminal Appeal Act 1912 (as in force before the appointed day) is to be finally disposed of in accordance with that section as if that section were still in force.

12 Application of Part 13A to past convictions

(1)  Part 13A extends to convictions recorded before the appointed day.

(2)  Section 474J extends to free pardons granted before the appointed day and to free pardons granted on or after the appointed day as a consequence of an inquiry that is disposed of under section 475, as referred to in clause 10.

12A Application of further amendments made by Crimes Amendment (Review of Convictions and Sentences) Act 1996

Part 13A, as amended by the Crimes Amendment (Review of Convictions and Sentences) Act 1996, extends to convictions recorded and sentences imposed before the commencement of that Act.

Part 5 Crimes Legislation (Unsworn Evidence) Amendment Act 1994

13 Application of abolition of accused person’s right to give unsworn evidence or to make unsworn statement

Section 404A, and the amendments to sections 405, 405A and 409C made by the Crimes Legislation (Unsworn Evidence) Amendment Act 1994, apply to the trial of a person charged with an offence on or after the commencement of that section and those amendments.

Part 6 Crimes (Home Invasion) Amendment Act 1994

14 Section 476 (indictable offences punishable summarily with consent of accused)

A reference in section 476 (6) (ea), (f) or (g) to an offence mentioned in section 109 (1), 111 (1), 112 (1) or 113 (1) of the kind described in the paragraph concerned is taken to include a reference to an offence mentioned in section 109, 111, 112 or 113 (as in force before the commencement of the amendment made to that paragraph by the Crimes (Home Invasion) Amendment Act 1994) of that kind and committed before that commencement.

Part 7 Criminal Legislation Amendment Act 1995

15 Forensic samples

Section 353A, as amended by the Criminal Legislation Amendment Act 1995, extends to a person in lawful custody on the commencement of the amendment to section 353A made by that Act.

16 Apprehended violence orders—s 562G

Section 562G, as amended by the Criminal Legislation Amendment Act 1995, extends to orders made by Local Courts before the commencement of the amendment to section 562G made by that Act.

17 Summons for appearance or arrest of defendant—s 562K

Section 562K, as amended by the Criminal Legislation Amendment Act 1995, extends to warrants issued before the commencement of the amendment to section 562K made by that Act.

18 Registration of interstate restraint orders—s 562U

Section 562U, as amended by the Criminal Legislation Amendment Act 1995, extends to orders registered before the commencement of the amendment to section 562U made by that Act.

19 Abolition of offences of eavesdropping and being a common scold—s 580B

Section 580B does not apply to an offence committed before the commencement of that section.

Part 8 Crimes Amendment (Apprehended Violence Orders) Act 1996

20 Definitions

In this Part—

AVO Amendment Act 1996 means the Crimes Amendment (Apprehended Violence Orders) Act 1996.

order has the meaning given it in section 562A.

21 Order must be made on conviction for certain offences

Section 562BE applies in respect of a conviction for an offence on or after the commencement of that section even if proceedings for the offence were commenced before the commencement of that section.

22 Order must be made on charge for certain offences

Section 562BF does not apply in respect of proceedings before a court that the court started to hear before the commencement of that section. Section 562O continues to apply in respect of any such proceedings as if that section had not been amended by the AVO Amendment Act 1996.

23 Consent orders

Subsection (3) of section 562BA (which was inserted by the AVO Amendment Act 1996) applies to any proceedings for an order of the kind referred to in section 562BA, whether the proceedings were commenced before, on or after the commencement of that subsection, but not to proceedings before a court that the court started to hear before the commencement of that subsection.

24 Specification of restricted premises or place in order

The amendment to section 562D contained in the AVO Amendment Act 1996 extends to any order made before the commencement of that amendment that is the subject of an application for variation at any time on or after the commencement of that amendment.

25 Application for variation or revocation of order

An amendment to section 562F contained in the AVO Amendment Act 1996 does not apply in respect of an application for variation or revocation of order that was made before the commencement of that amendment.

26 Time limit for making of complaint for order by District Court

(1)  Subsection (1) of section 562GA (which was inserted by the AVO Amendment Act 1996) does not apply in respect of a complaint for an order by the District Court that was made before the commencement of that subsection.

(2)  Subsection (1) of section 562GA applies to a complaint for an order by the District Court that is made on or after the commencement of that subsection, even if it relates to an earlier complaint that was dismissed by a Local Court or the Children’s Court before the commencement of that subsection. For the purposes of the application of section 562GA to such an earlier complaint, the earlier complaint is taken to have been dismissed on the date of commencement of that subsection.

27 Proceedings for an order by District Court

Subsections (2) and (3) of section 562GA (as inserted by the AVO Amendment Act 1996) apply to any proceedings in the District Court for an order that are commenced before, on or after the commencement of those subsections, except proceedings before the Court that the Court started to hear before the commencement of those subsections.

28 Telephone interim orders

The amendments to section 562H (made by the AVO Amendment Act 1996) do not apply in respect of a telephone interim order that was made before the commencement of those amendments. Section 562H (as in force immediately before the commencement of those amendments) continues to apply in respect of such a telephone interim order.

29 Measures to protect children in AVO proceedings

A provision of section 562NA (which was inserted by the AVO Amendment Act 1996), other than subsection (2), does not apply in respect of proceedings before a court that the court started to hear before the commencement of the provision. However, the remainder of any such proceedings are to be heard in the absence of the public if the court so directs.

Part 9

  (Repealed)

Part 9A Traffic Legislation Amendment Act 1997

29A Regulations of a savings nature

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Traffic Legislation Amendment Act 1997, but only in relation to the amendments made to this Act.

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 10 Crimes Legislation Amendment Act 1997

30 Offenders who are minors

The amendment made to section 61S by the Crimes Legislation Amendment Act 1997 does not apply in respect of an act or omission giving rise to proceedings for an offence that occurred before the amendment commenced.

31 Increase in time limit for prosecutions for offences relating to unlawful access to data in computer

The amendment made to section 309 by the Crimes Legislation Amendment Act 1997 does not apply in respect of an act or omission giving rise to proceedings for an offence referred to in that section that occurred before that amendment commenced.

32 Orders under section 353A (4)

Section 353A (7) (b), as amended by the Crimes Legislation Amendment Act 1997, does not apply in relation to an offence found proved before the commencement of the amendment made to that paragraph by that Act.

33 Plea of autrefois convict or autrefois acquit

Section 399 (2), as inserted by the Crimes Legislation Amendment Act 1997, does not apply to a plea of autrefois convict or autrefois acquit made before the commencement of that subsection.

Part 11 Crimes Amendment (Child Pornography) Act 1997

34 Operation of amendments in relation to use or employment of a child for pornographic purposes

Section 91G, as amended by Schedule 1 [2]–[4] to the Crimes Amendment (Child Pornography) Act 1997, does not apply in respect of an act giving rise to proceedings for an offence that occurred before that amendment commenced.

Part 12 Crimes Amendment (Detention after Arrest) Act 1997

35 Application of Act

Part 10A does not apply in respect of the arrest of a person before the commencement of that Part.

Part 13 Crimes Amendment (Diminished Responsibility) Act 1997

36 Replacement of defence of diminished responsibility—application of new defence

Section 23A, as substituted by the Crimes Amendment (Diminished Responsibility) Act 1997, does not apply to or in respect of a murder that is alleged to have been committed before that substitution. This Act continues to apply to and in respect of such an alleged murder as if the Crimes Amendment (Diminished Responsibility) Act 1997 had not been enacted.

37 Application of requirement to give notice of defence

Section 405AB, as inserted by the Crimes Amendment (Diminished Responsibility) Act 1997, does not apply to or in respect of a trial for murder if the murder is alleged to have been committed before the commencement of that section.

Part 14 Crimes Legislation Further Amendment Act 1998

38 Power of registrar to extend interim apprehended violence orders

The power conferred on a registrar of a court to vary an interim order by the amendment made to section 562BB by the Crimes Legislation Further Amendment Act 1998 extends to interim orders made under that section before the commencement of that amendment.

39 Abolition of common law rule that husband and wife cannot be found guilty of conspiracy

Section 580D, as inserted by the Crimes Legislation Further Amendment Act 1998, does not apply in respect of any act of, or omission by, a husband or wife if the act or omission occurred before the commencement of that section.

40 Other amendments

An amendment made to section 428G or the Second Schedule by the Crimes Legislation Further Amendment Act 1998 does not apply in respect of any trial commenced before the amendment commences.

Part 15 Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999

41 Application of amendments

(1)  Proceedings for offences committed, or alleged to have been committed, before the commencement of Schedule 2 to the Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999 are to be determined as if that Act had not been enacted.

(2)  Accordingly, the law (including any relevant provision of this Act) that would have been applicable to the proceedings had Schedule 2 to the Road Transport (Safety and Traffic Management) Amendment (Camera Devices) Act 1999 not been enacted continues to apply to the proceedings as if that Act had not been enacted.

Part 16 Crimes Amendment (Apprehended Violence) Act 1999

42 Definitions

(1)  In this Part—

amending Act means the Crimes Amendment (Apprehended Violence) Act 1999.

(2)  Words and expressions used in this Part have the same meanings as in Part 15A.

43 Existing orders

(1)  An apprehended violence order in force immediately before the omission of section 562B by the amending Act is taken to be an apprehended violence order issued under Part 15A as amended by the amending Act.

(2)  An apprehended violence order in force immediately before the omission of section 562B by the amending Act is taken to be—

(a)  an apprehended domestic violence order, if the protected person (or at least one of the protected persons) for whose protection the order was made has a domestic relationship with the person against whom it was issued, or

(b)  an apprehended personal violence order, if the protected person (or each of the protected persons) for whose protection the order was made does not have a domestic relationship with the person against whom it was issued.

(3)  An order (other than an order referred to in subclause (1) or (2)) in force under Part 15A immediately before the commencement of an amendment made by the amending Act is taken to have been made under that Part as amended by the amending Act.

(4)  A registered interstate restraint order within the meaning of Part 15A immediately before its amendment by the amending Act is taken to be a registered external protection order within the meaning of section 562RA as inserted by the amending Act.

44 Existing complaints and applications

(1)  A complaint for an apprehended violence order pending immediately before the omission of section 562B by the amending Act is taken to be—

(a)  a complaint for an apprehended domestic violence order, if the protected person (or at least one of the protected persons) for whose protection the order is sought has a domestic relationship with the person against whom it is sought, or

(b)  a complaint for an apprehended personal violence order, if the protected person (or each of the protected persons) for whose protection the order is sought does not have a domestic relationship with the person against whom it is sought.

(2)  An application (other than a complaint referred to in subclause (1)) pending under a provision of Part 15A immediately before the commencement of an amendment made by the amending Act is taken to have been made under that Part as amended by the amending Act.

45 References to interstate restraint orders

(1)  A reference (however expressed) in any other Act, in any instrument under any Act or in any other document of any kind to an interstate restraint order within the meaning of Part 15A is taken to be a reference to an external protection order within the meaning of section 562RA as inserted by the amending Act.

(2)  A reference (however expressed) in any other Act, in any instrument under any Act or in any other document of any kind to a registered interstate restraint order within the meaning of Part 15A is taken to be a reference to a registered external protection order within the meaning of section 562RA as inserted by the amending Act.

46 Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act.

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the amending Act or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 17 Crimes Legislation Amendment Act 2000

47 Application of amendments relating to geographical jurisdiction

Part 1A and sections 178BA (3) and 178BB (2), as inserted by the Crimes Legislation Amendment Act 2000, do not apply in respect of any act or omission occurring before their commencement. Sections 3A and 3B (as in force before their repeal by that Act) continue to apply to any such act or omission.

Part 18 Crimes Legislation Amendment Act 2002

48 Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Crimes Legislation Amendment Act 2002 (but only to the extent that it amends this Act).

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to that Act or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 19 Crimes Amendment (Sexual Offences) Act 2003

49 Defence under section 77 (2)

Section 77 (2), as in force before its repeal by the Crimes Amendment (Sexual Offences) Act 2003, continues to apply to offences committed before its repeal.

50 Defence under section 91D (2)

Section 91D (2), as in force before its repeal by the Crimes Amendment (Sexual Offences) Act 2003, continues to apply to offences committed before its repeal.

51 Trial for rape—verdict of carnal knowledge

Where on the trial of a person for rape committed before the commencement of Schedule 1 to the Crimes (Sexual Assault) Amendment Act 1981, the jury are satisfied that the female was a girl under the age of sixteen years, but above the age of ten years, and that the accused had carnal knowledge of her, but are not satisfied that carnal knowledge was had without her consent, they may acquit him of the rape charged and find him guilty of an offence under section 71, and he shall be liable to punishment accordingly.

52 Trial for carnal knowledge—girl in fact over 10

Where on the trial of a person for an offence under section 67 the jury are satisfied that the girl was of or above the age of ten years, but under the age of sixteen years, and that the accused had carnal knowledge of such girl, they may acquit him of the offence charged and find him guilty of an offence under section 71, and he shall be liable to punishment accordingly.

53 Trial for carnal knowledge—verdict of assault with intent

Where on the trial of a person for an offence under section 67 the jury are satisfied that the girl was of or above the age of ten years, but under the age of sixteen years, but are not satisfied that the accused had carnal knowledge of the girl, and are satisfied that he was guilty of an offence under section 72, they may acquit him of the offence charged and find him guilty of an offence under the said last-mentioned section, and he shall be liable to punishment accordingly.

54 Rape or attempt—verdict of incest or attempt

If on the trial of any male person for an offence under section 63 or 65 the jury are not satisfied that he is guilty of the offence charged, but are satisfied that he is guilty of an offence under section 78A or under section 78B, they may acquit such person of the offence charged, and find him guilty of an offence under section 78A or under section 78B, and he shall be liable to punishment accordingly.

55 Limitations (cf ss 78, 78F)

(1)    (Repealed)

(2)  No prosecution for an offence under section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q or for an offence of attempting, or of conspiracy or incitement, to commit an offence under any of those sections shall, if the accused was at the time of the alleged offence under the age of 18 years, be commenced without the sanction of the Attorney General.

Part 20 Crimes Legislation Amendment Act 2004

56 Dangerous driving and dangerous navigation

(1)  Section 52A, as in force immediately before its amendment by the Crimes Legislation Amendment Act 2004, continues to apply to circumstances arising before the commencement of that amendment as if that amendment had not been made.

(2)  Section 52B, as in force immediately before its amendment by the Crimes Legislation Amendment Act 2004, continues to apply to circumstances arising before the commencement of that amendment as if that amendment had not been made.

57 Sexual assault by forced self-manipulation

Section 80A, as in force immediately before its amendment by the Crimes Legislation Amendment Act 2004, continues to apply to an offence committed before the commencement of those amendments as if those amendments had not been made.

Part 21 Crimes Amendment (Child Pornography) Act 2004

58 Classification of films, publications or computer games

(1)  In this clause, the amending Act means the Crimes Amendment (Child Pornography) Act 2004.

(2)  To avoid doubt, section 578B (4) (b) (as in force before its repeal by the amending Act) does not prevent (and is taken never to have prevented), in respect of an alleged offence against that section—

(a)  a court attendance notice or other process being issued, or

(b)  a court attendance notice or other process being served, or

(c)  a person pleading guilty or a plea of guilty being accepted, or

(d)  sentence being passed for the offence on an offender who has pleaded guilty to the offence,

without the film, publication or computer game concerned having been classified under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.

(3)  This clause extends to offences against section 578B in respect of which anything mentioned in subclause (2) occurred before the repeal of that section by the amending Act.

Part 22 Crimes Legislation Amendment (Gangs) Act 2006

59 Limitation period for consorting

Section 546A (2), as inserted by the Crimes Legislation Amendment (Gangs) Act 2006, applies only to an offence against section 546A that is committed, or is alleged to have been committed, after the commencement of that subsection.

Part 23 Crimes Amendment (Apprehended Violence) Act 2006

60 Definitions

In this Part—

amending Act means the Crimes Amendment (Apprehended Violence) Act 2006.

commencement means the day on which new Part 15A commences.

new Part 15A means Part 15A as inserted by the amending Act.

old Part 15A means Part 15A as in force before its substitution by the amending Act.

61 Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act.

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the amending Act or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

62 Existing apprehended violence orders

(1)  An apprehended domestic violence order (including an interim order) made under the old Part 15A and in force immediately before the commencement is taken to have been made under the new Part 15A.

(2)  An apprehended personal violence order (including an interim order) made under the old Part 15A and in force immediately before the commencement is taken to have been made under the new Part 15A.

(3)  Despite subclauses (1) and (2), section 562H (9)–(10) of the old Part 15A continue to apply in relation to a telephone interim order made under the old Part 15A and in force immediately before the commencement.

(4)  An external protection order registered under Division 3 of the old Part 15A is taken to have been registered under Division 10 of the new Part 15A.

(5)  Any order taken by this clause to have been made under the new Part 15A has effect for the same period as it would have had under the provisions of the old Part 15A but may be varied or revoked in accordance with the new Part 15A.

63 Pending applications

An application for an order under the old Part 15A that has not been determined at the commencement is taken to be an application for the same type of order under the new Part 15A.

64 References to repealed offences

A reference in the new Part 15A to section 545AB includes a reference to section 562AB (as in force before its repeal by the amending Act).

Part 24 Crimes Amendment Act 2007

65 Repeal of definition of “Maliciously”

The repeal of section 5 of this Act by the Crimes Amendment Act 2007 does not affect the operation of any provision of this Act (including a repealed provision) that refers to “malicious” or “maliciously” or of any indictment or charge in which malice is by law an ingredient of the crime.

Part 25 Crimes Amendment (Consent—Sexual Assault Offences) Act 2007

66 Application of amendments

An amendment made by the Crimes Amendment (Consent—Sexual Assault Offences) Act 2007 applies only in respect of an offence committed after the commencement of the amendment.

67 Review of amendments

(1)  The Minister is to review the amendments made to this Act by the Crimes Amendment (Consent—Sexual Assault Offences) Act 2007 to determine whether the policy objectives of the Crimes Amendment (Consent—Sexual Assault Offences) Act 2007 remain valid and whether the terms of the amendments made by that Act remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 4 years from the date of commencement of section 61HA (as inserted by the Crimes Amendment (Consent—Sexual Assault Offences) Act 2007).

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 4 years.

Part 26 Crimes Amendment (Cognitive Impairment—Sexual Offences) Act 2008

68 Amendments

An amendment made to this Act by the Crimes Amendment (Cognitive Impairment—Sexual Offences) Act 2008 does not apply in respect of an offence committed before the commencement of the amendment.

Part 27 Crimes Amendment (Sexual Offences) Act 2008

69 Application of amendments

An amendment made to this Act by the Crimes Amendment (Sexual Offences) Act 2008 applies in respect of an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 28 Criminal Legislation Amendment Act 2009

70 Application of amendments

An amendment made to this Act by the Criminal Legislation Amendment Act 2009 applies only in respect of an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 29 Crimes Amendment (Consorting and Organised Crime) Act 2012

71 Report by Ombudsman on consorting offence

(1)  As soon as practicable after the end of the period of 3 years from the commencement of Division 7 of Part 3A (as inserted by the Crimes Amendment (Consorting and Organised Crime) Act 2012), the Ombudsman must prepare a report on the operation of that Division.

(2)  For that purpose, the Commissioner of Police is to ensure that the Ombudsman is provided with information about any prosecutions brought under section 93X.

(3)  The Ombudsman may at any time require the Commissioner of Police, or any public authority, to provide any information or further information the Ombudsman requires for the purposes of preparing the report under this clause.

(4)  The Ombudsman must furnish a copy of the report to the Attorney General and to the Commissioner of Police.

(5)  The Attorney General is to lay (or cause to be laid) a copy of the report before both Houses of Parliament as soon as practicable after the Attorney General receives the report.

(6)  If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.

(7)  The report—

(a)  is, on presentation and for all purposes, taken to have been laid before the House, and

(b)  may be printed by authority of the Clerk of the House, and

(c)  if so printed, is for all purposes taken to be a document published by or under the authority of the House, and

(d)  is to be recorded—

(i)  in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii)  in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.

Part 30 Crimes Amendment (Reckless Infliction of Harm) Act 2012

72 Application of amendments

An amendment made by the Crimes Amendment (Reckless Infliction of Harm) Act 2012 applies only in respect of an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 31 Crimes Amendment (Cheating at Gambling) Act 2012

73 Review of amendments

(1)  The Minister is to review the operation of Part 4ACA (Cheating at gambling) to determine whether the policy objectives of that Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 3 years from the commencement of that Part.

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.

Part 32 Crimes Legislation Amendment Act 2012

74 Application of amendments

An amendment to section 73 or 86 made by the Crimes Legislation Amendment Act 2012 applies only in respect of an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 33 Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014

75 Review of operation of amendments made by amending Act

(1)  For the purposes of this clause, the relevant Ministers are the Attorney General and the Minister for Police and Emergency Services.

(2)  The relevant Ministers are to review the operation of the amendments made by the Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014. The Ministers may engage persons to assist in the review.

(3)  The review is to be undertaken as soon as practicable and within 3 years after the date of assent to that Act.

(4)  The relevant Ministers are to report to the Premier on the outcome of the review as soon as practicable after the review is completed.

Part 34 Crimes Legislation Amendment (Child Sex Offences) Act 2015

76 Application of amendments

An amendment made by the Crimes Legislation Amendment (Child Sex Offences) Act 2015 applies only in respect of an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 35 Criminal Legislation Amendment (Child Sexual Abuse) Act 2018

77 Indecent assault now sexual touching

A reference in any Act or law to indecent assault is taken to include a reference to sexual touching within the meaning of Division 10 of Part 3 of this Act.

78 Act of indecency now sexual touching and sexual act

A reference in any Act or law to an act of indecency is taken to include a reference to sexual touching and sexual act within the meaning of Division 10 of Part 3 of this Act.

79 Omitted provisions

Sections 61L–61P, as in force immediately before their repeal by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, continue to apply to offences committed or alleged to have been committed before the repeal.

80 Former section 61Q

Section 61Q, as in force immediately before its renumbering and amendment by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, continues to apply in respect of offences committed before that renumbering and amendment.

81 Cognitive impairment—consent not a defence for indecent assault or act of indecency

Section 66F (5)–(8), as in force immediately before their substitution by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, continues to apply in respect of offences committed before that substitution.

82 Retrospective operation of repeal of section 78 limitation period

The repeal of section 78 by the Criminal Legislation (Amendment) Act 1992 is taken to have repealed that section retrospectively as if that section had never been enacted and consequently that section cannot be relied on to prevent any prosecution for an offence even if the offence occurred before that repeal.

83 Incitement to commit sexual offence

Section 80G (5), as in force immediately before its amendment by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, continues to apply in respect of offences committed before that amendment.

84 Application of section 316A

Section 316A, as inserted by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, applies in respect of information obtained on or after the commencement of that section, including if that information relates to a child abuse offence that occurred or may have occurred before the commencement of that section.

Part 36 Criminal Legislation Amendment (Consorting and Restricted Premises) Act 2018

85 Definition

In this Part—

amending Act means the Criminal Legislation Amendment (Consorting and Restricted Premises) Act 2018.

86 Application of amendments

An amendment made by the amending Act applies only in respect of an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

87 Savings provision for official warnings

Section 93X, as in force immediately before its amendment by the amending Act, continues to apply to an official warning given before the commencement of that amendment as if that amendment had not been made.

88 Review of operation of amendments made by amending Act

(1)  The LECC is to review the operation of the amendments made by the amending Act.

(2)  The review is to be undertaken within 3 years after the commencement of this clause.

(3)  The LECC is to report to the Attorney General and the Minister for Police on the outcome of the review as soon as practicable after the review is completed.

(4)  In this clause, LECC means the Law Enforcement Conduct Commission constituted by section 17 of the Law Enforcement Conduct Commission Act 2016.

Part 37 Justice Legislation Amendment Act 2019

89 Re-enactment of Part 6B

(1)  Part 6B, as inserted by the amending Act, is taken to have commenced on 13 September 2019.

(2)  Accordingly, anything that would have constituted an offence against section 310J, as inserted by the amending Act, during the relevant period had that section been in force is taken to constitute an offence against the section.

(3)  In this clause—

amending Act means the Justice Legislation Amendment Act 2019.

relevant period means the period—

(a)  commencing on 13 September 2019, and

(b)  ending immediately before the day on which Part 6B is inserted by the amending Act.

Part 38 Crimes Legislation Amendment (Loss of Foetus) Act 2021

90 Application of amendments

Sections 54A and 54B, as inserted by the Crimes Legislation Amendment (Loss of Foetus) Act 2021, apply only to an offence alleged to have been committed on or after the commencement of the sections.

Part 39 Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021

91 Application of amendments

An amendment made to this Act by the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 applies only in relation to an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 40 Crimes Amendment (Money Laundering) Act 2022

92 Application of amendments

An amendment made to this Act by the Crimes Amendment (Money Laundering) Act 2022 applies only in relation to an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 41 Crimes Amendment (Corrupt Benefits for Trustees) Act 2023

93 Application of sections 249E, 249F and 316

(1)  Section 249E, as inserted by the amendment Act, applies and extends to conduct engaged in before the commencement in the same way as if the conduct occurred after the commencement.

(2)  Without limiting subclause (1), section 249E, as in force before the commencement, no longer applies in relation to conduct engaged in before the commencement.

(3)  Subclauses (1) and (2) have no effect in relation to a conviction for an offence under section 249E that occurred before the commencement.

(4)  Sections 249F and 316—

(a)  extend to a person who, before the commencement, aided, abetted, counselled, procured, solicited, incited or concealed engagement in conduct mentioned in section 249E as inserted by the amendment Act, and

(b)  no longer apply in relation to aiding, abetting, counselling, procuring, soliciting, inciting or concealing engagement in conduct referred to in section 249E, as in force before the commencement.

(5)  Despite subclauses (1) and (4)(a), section 249E as inserted by the amendment Act and sections 249F and 316 do not apply or extend to conduct engaged in before the commencement in relation to property with the consent of—

(a)  each person beneficially entitled to the property, or

(b)  the Supreme Court.

(6)  To avoid doubt, the Interpretation Act 1987, section 30 does not apply in relation to engagement in conduct mentioned in section 249E, or the application of section 249E, before the commencement.

(7)  In this clause—

amendment Act means the Crimes Amendment (Corrupt Benefits for Trustees) Act 2023.

commencement means the commencement of the Crimes Amendment (Corrupt Benefits for Trustees) Act 2023.

Part 42 Provisions consequent on enactment of Crimes Amendment (Prosecution of Certain Offences) Act 2023

94 Application of amendment

An amendment made to this Act by the Crimes Amendment (Prosecution of Certain Offences) Act 2023 applies in relation to proceedings for an offence against section 93Z commenced on or after the commencement of the amendment, regardless of whether the offence was committed, or alleged to have been committed, before or after the commencement.

95 Review of amendment of section 93Z

(1)  The Minister must review the effect of the amendment of section 93Z made by the Crimes Amendment (Prosecution of Certain Offences) Act 2023 to determine whether the policy objectives of the amendment remain appropriate.

(2)  A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the commencement of this clause.

Part 43 Provision consequent on enactment of Bail and Crimes Amendment Act 2024

96 Application of amendment

An amendment made to this Act by the Bail and Crimes Amendment Act 2024 applies only in relation to an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

Part 44 Crimes Legislation Amendment (Coercive Control) Act 2022

97 Application of amendments

Part 3, Division 6A, as inserted by the Crimes Legislation Amendment (Coercive Control) Act 2022, applies only in relation to behaviour that occurred, or is alleged to have occurred, on or after the commencement of the Division.

sch 11 (previously Eleventh Sch): Ins 1989 No 198, Sch 1 (14). Am 1992 No 2, Sch 1 (16); 1993 No 6, Sch 1 (5); 1993 No 64, Sch 1 (6); 1993 No 108, Sch 1; 1994 No 26, Sch 1 (5); 1994 No 84, Sch 1 (16); 1994 No 95, Sch 2; 1995 No 23, Sch 1.2 [24]; 1996 No 65, Sch 1 [14]; 1996 No 68, Sch 1 [8]; 1996 No 93, Sch 1 [25]; 1997 No 48, Sch 1 [6]; 1997 No 85, Sch 1.2 [6]; 1997 No 106, Sch 1 [3]; 1997 No 115, Sch 4.4 [6]; 1997 No 142, Sch 1 [11]; 1997 No 143, Sch 1.2 [3]; 1998 No 149, Sch 1 [12]; 1999 No 82, Sch 2 [5]; 1999 No 88, Sch 1 [46]; 2000 No 43, Sch 1 [11]; 2002 No 130, Sch 4 [8]; 2003 No 9, Sch 1 [22]. Cll 51–55 (previously secs 64, 69, 70, 78E, 78T) renumbered 2003 No 9, Sch 1 [7]. Am 2003 No 27, Sch 3 [10]; 2004 No 11, Sch 4 [5]; 2004 No 95, Sch 1 [11]; 2006 No 61, Sch 1 [19]; 2006 No 73, Sch 2 [6]; 2007 No 38, Sch 1 [26]. Renumbered 2007 No 38, Sch 2 [36]. Am 2007 No 66, Sch 1 [4]; 2008 No 74, Sch 1 [7]; 2008 No 105, Sch 1 [33]; 2009 No 27, Sch 1.3 [2]; 2012 No 3, Sch 1 [11]; 2012 No 41, Sch 1 [7]; 2012 No 64, Sch 1 [2]; 2012 No 67, Sch 1 [5]; 2013 No 90, Sch 1.2; 2014 No 2, Sch 1 [5]; 2015 No 13, Sch 1 [6]; 2018 No 33, Sch 1 [62]; 2018 No 50, Sch 1 [7]; 2019 No 10, Sch 1.6 [3]; 2021 No 36, Sch 1[2]; 2021 No 43, Sch 1[25]; 2022 No 45, Sch 1[16]; 2022 No 65, Sch 1[2]; 2023 No 21, Sch 1[2]; 2023 No 47, Sch 1[3]; 2024 No 18, Sch 2[2].