{"id":"a-1900-40","name":"Crimes Act 1900","slug":"crimes-act-1900","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"40 of 1900","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":75433,"registerId":"act-a-1900-40-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Crimes Act 1900.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Application of Act","content":"2 Application of Act\nThe provisions of this Act, so far as they can be applied, shall be in\nforce with respect to all offences, whether at common law or by\nstatute, whensoever committed and in whatsoever court tried.\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nFor example, the signpost definition ‘motor vehicle—see the Road\nTransport (General) Act 1999, dictionary.’ means that the term ‘motor\nvehicle’ is defined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of loaded arms","content":"5 Meaning of loaded arms\nFor this Act, a firearm, airgun or air pistol that is unlawfully presented\nat a person is taken, unless the contrary is proved, to be loaded arms.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Reference to the jury read as reference to magistrate","content":"6 Reference to the jury read as reference to magistrate\nIn a provision of this Act relating to an offence, a reference to the jury\nis, if a person charged with the offence is dealt with summarily, a\nreference to the magistrate.\n\nPreliminary Part 1\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Notes","content":"7 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"7A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"7A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 26A (Assault of frontline community service provider)\n• s 28AA (Food or drink spiking)\n• s 28A (Throwing etc objects at vehicles)\n• s 28B (Discharging firearm at building or conveyance)\n• s 29A (Driving motor vehicle at police)\n• s 29B (Damaging police vehicle)\n• s 35A (Affray)\n• s 36A (Abuse of vulnerable person)\n• s 36B (Failure to protect vulnerable person from criminal offence)\n• s 36C (Neglect of vulnerable person)\n• s 55A (Sexual intercourse with young person under special care)\n• s 61A (Act of indecency with young person under special care)\n• s 61B (Intimate observations or capturing visual data etc)\n• s 63A (Bestiality)\n• s 64 (Using child for production of child exploitation material etc)\n• s 64A (Trading in child exploitation material)\n• s 65 (Possessing child exploitation material)\n• s 72C (Non-consensual distribution of intimate images)\n• s 72D (Distribution of intimate image of young person)\n• s 72E (Threaten to capture or distribute intimate images)\n• s 72H (Court may order rectification)\n• s 114B (Money laundering)\n\n• s 114C (Possession etc of property suspected of being proceeds of\ncrime)\n• s 114D (1) (Organised fraud)\n• s 119 (Defacing premises)\n• s 120 (Defacing premises––strict liability)\n• s 171 (Prescribing and supplying anabolic steroids)\n• s 172 (Possessing anabolic steroids)\n• s 173 (Administering anabolic steroids)\n• s 252ZA (Premises must not be fortified)\n• s 252ZB (Fortification must not be replaced or restored)\n• s 393A (Urinating in public place)\n• s 394 (Noise abatement directions)\n• s 439 (Offence of criminal defamation).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 The Criminal Code, ch 2 (other than the applied provisions) also applies\nto an offence mentioned in s 72AA (1) if the chapter applied to the\noffence before the commencement of s 72AA (see s 72AA (4) (b)).\nNote 3 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Public place etc","content":"8 Public place etc\nIf, by this or any other Act, any offence, conduct, or language, in a\npublic place, or open and public place, or place of public resort, is\nmade punishable, or a person guilty thereof is made liable by\napprehension, the place shall be deemed public for the purposes of\nthe enactment or taken to be otherwise within its meaning if the same,\nalthough a vessel or vehicle only, or a room, or field, or place,\nordinarily private, was at the time used for a public purpose, or as a\nplace of common resort, or was open to the public on the payment of\nmoney or otherwise.\n\nPreliminary Part 1\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Abolition of distinctions between felony and","content":"9 Abolition of distinctions between felony and\nmisdemeanour\nAll distinctions between felony and misdemeanour are abolished.\n\n","sortOrder":8},{"sectionNumber":"9A","sectionType":"section","heading":"Meaning of aggravated offence—pt 2","content":"9A Meaning of aggravated offence—pt 2\naggravated offence—\n(a) for an offence committed against a pregnant person—see\nsection 48A (2); and\n(b) for an offence involving family violence—see section 48C (2).\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"When child born alive","content":"10 When child born alive\nFor this part, a child shall be taken to have been born alive if he or\nshe has breathed and has been wholly born, whether or not he or she\nhas had an independent circulation.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"No time limit on criminal responsibility for homicide","content":"11 No time limit on criminal responsibility for homicide\n(1) Any rule of law that a death which occurs more than a year and a day\nafter the injury that caused it is to be conclusively presumed not to\nhave been caused by the injury, is abolished.\n(2) This section does not apply in respect of an injury received before the\ncommencement of this section.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Murder","content":"12 Murder\n(1) A person commits murder if he or she causes the death of another\nperson—\n(a) intending to cause the death of any person; or\n(b) with reckless indifference to the probability of causing the death\nof any person; or\n(c) intending to cause serious harm to any person.\n\n(2) A person who commits murder is guilty of an offence punishable, on\nconviction, by imprisonment for life.\nserious harm—see the Criminal Code, dictionary.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Trial for murder—provocation","content":"13 Trial for murder—provocation\n(1) If, on a trial for murder—\n(a) it appears that the act or omission causing death occurred under\nprovocation; and\n(b) apart from this subsection and the provocation, the jury would\nhave found the accused guilty of murder;\nthe jury shall acquit the accused of murder and find him or her guilty\nof manslaughter.\n(2) For subsection (1), an act or omission causing death shall be taken to\nhave occurred under provocation if—\n(a) the act or omission was the result of the accused’s loss of\nself-control induced by any conduct of the deceased (including\ngrossly insulting words or gestures) towards or affecting the\naccused; and\n(b) the conduct of the deceased was such as could have induced an\nordinary person in the position of the accused to have so far lost\nself-control—\n(i) as to have formed an intent to kill the deceased; or\n(ii) as to be recklessly indifferent to the probability of causing\nthe deceased’s death; or\n(iii) as to have formed an intent to cause serious harm to the\ndeceased;\nwhether that conduct of the deceased occurred immediately before\nthe act or omission causing death or at any previous time.\n\n(3) However, conduct of the deceased consisting of a non-violent sexual\nadvance (or advances) towards the accused—\n(a) is taken not to be sufficient, by itself, to be conduct to which\nsubsection (2) (b) applies; but\n(b) may be taken into account together with other conduct of the\ndeceased in deciding whether there has been an act or omission\nto which subsection (2) applies.\n(4) For the purpose of determining whether an act or omission causing\ndeath occurred under provocation, there is no rule of law that\nprovocation is negatived if—\n(a) there was not a reasonable proportion between the act or\nomission causing death and the conduct of the deceased that\ninduced the act or omission; or\n(b) the act or omission causing death did not occur suddenly; or\n(c) the act or omission causing death occurred with any intent to\ntake life or inflict grievous bodily harm.\n(5) If, on a trial for murder, there is evidence that the act or omission\ncausing death occurred under provocation, the onus of proving\nbeyond reasonable doubt that the act or omission did not occur under\nprovocation lies on the prosecution.\n(6) This section does not exclude or limit any defence to a charge of\nmurder.\nserious harm—see the Criminal Code, dictionary.\n\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Trial for murder—diminished responsibility","content":"14 Trial for murder—diminished responsibility\n(1) A person on trial for murder shall not be convicted of murder if, when\nthe act or omission causing death occurred, the accused was suffering\nfrom an abnormality of mind (whether arising from a condition of\narrested or retarded development of mind or any inherent cause or\nwhether it was induced by disease or injury) that substantially\nimpaired his or her mental responsibility for the act or omission.\n(2) An accused has the onus of proving that he or she is, under subsection\n(1), not liable to be convicted of murder.\n(3) A person who, apart from subsection (1), would be liable (whether as\nprincipal or accessory) to be convicted of murder is liable to be\nconvicted of manslaughter.\n(4) The fact that a person is, under subsection (1), not liable to be\nconvicted of murder does not affect the question whether any other\nperson is liable to be convicted of murder in respect of the same death.\n(5) If, on a trial for murder, the accused contends—\n(a) that he or she is entitled to be acquitted on the ground that he or\nshe was mentally ill at the time of the act or omission causing\nthe death; or\n(b) that he or she is, under subsection (1), not liable to be convicted\nof murder;\nthe prosecution may offer evidence tending to prove the other of those\ncontentions and the court may give directions as to the stage of the\nproceedings when that evidence may be offered.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Manslaughter","content":"15 Manslaughter\n(1) Except if a law expressly provides otherwise, an unlawful homicide\nthat is not, under section 12, murder shall be taken to be\nmanslaughter.\n\n(2) A person who commits manslaughter is guilty of an offence\npunishable, on conviction, by imprisonment for 20 years.\n(3) However, for an aggravated offence against this section, the\nmaximum penalty is imprisonment for 28 years.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Suicide etc—not an offence","content":"16 Suicide etc—not an offence\nThe rule of law that it is an offence for a person to commit, or to\nattempt to commit, suicide is abolished.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Suicide—aiding etc","content":"17 Suicide—aiding etc\n(1) A person who aids or abets the suicide or attempted suicide of another\nimprisonment for 10 years.\n(a) a person incites or counsels another person to commit suicide;\nand\n(b) the other person commits, or attempts to commit, suicide as a\nconsequence of that incitement or counselling;\nconviction, by imprisonment for 10 years.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Prevention of suicide","content":"18 Prevention of suicide\nIt is lawful for a person to use the force that is reasonable to prevent\nthe suicide of another person or any act that the person believes on\nreasonable grounds would, if committed, result in the suicide of\n\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Intentionally inflicting grievous bodily harm","content":"19 Intentionally inflicting grievous bodily harm\n(1) A person who intentionally inflicts grievous bodily harm on another\nimprisonment for 20 years.\nmaximum penalty is imprisonment for 25 years.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Recklessly inflicting grievous bodily harm","content":"20 Recklessly inflicting grievous bodily harm\n(1) A person who recklessly inflicts grievous bodily harm on another\nimprisonment for 13 years.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Wounding","content":"21 Wounding\n(1) A person who intentionally wounds another person is guilty of an\noffence punishable, on conviction, by imprisonment for 5 years.\n\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Assault with intent to commit other offence","content":"22 Assault with intent to commit other offence\nA person who assaults another person with intent to commit another\noffence against this part punishable by imprisonment for a maximum\nperiod of 5 years or longer is guilty of an offence punishable, on\nconviction, by imprisonment for 5 years.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Inflicting actual bodily harm","content":"23 Inflicting actual bodily harm\n(1) A person who intentionally or recklessly inflicts actual bodily harm\non another person is guilty of an offence punishable, on conviction,\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Assault occasioning actual bodily harm","content":"24 Assault occasioning actual bodily harm\n(1) A person who assaults another person and by the assault occasions\nactual bodily harm is guilty of an offence punishable, on conviction,\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Causing grievous bodily harm","content":"25 Causing grievous bodily harm\nA person who, by any unlawful or negligent act or omission, causes\ngrievous bodily harm to another person is guilty of an offence\npunishable, on conviction, by imprisonment for 5 years.\n\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Common assault","content":"26 Common assault\n(1) A person who assaults another person is guilty of an offence\npunishable, on conviction, by imprisonment for 2 years.\nmaximum penalty is imprisonment for 3 years.\n","sortOrder":26},{"sectionNumber":"26A","sectionType":"section","heading":"Assault of frontline community service provider","content":"26A Assault of frontline community service provider\n(a) the person assaults another person; and\n(b) the other person is a frontline community service provider; and\n(c) the person knows, or is reckless about whether, the other person\nis a frontline community service provider; and\n(d) the assault is committed—\n(i) when the frontline community service provider is\nexercising a function given to the person as a frontline\ncommunity service provider; or\n(ii) as a consequence of, or in retaliation for, action taken by\nthe person in exercising a function as a frontline\ncommunity service provider; or\n(iii) because the person is a frontline community service\nprovider.\n\n(2) For subsection (1) (c), it is presumed, unless there is evidence to the\ncontrary, that the defendant knew that the person was a frontline\ncommunity service provider if—\n(a) the person identified themselves as a frontline community\nservice provider; or\n(b) the fact that the person was a frontline community service\nprovider was reasonably apparent, having regard to all of the\ncircumstances, including the conduct and manner of the\nfrontline community service provider.\n1 the frontline community service provider was in uniform\n2 the frontline community service provider was in an emergency vehicle\n(3) The defendant has an evidential burden in relation to evidence to the\ncontrary mentioned in subsection (2).\n(4) For subsection (1) (d) (i) and (ii)—\n(a) strict liability applies to the circumstance that the frontline\ncommunity service provider was exercising a function as a\nfrontline community service provider; and\n(b) it does not matter if the frontline community service provider\nwas off duty when exercising a function as a frontline\ncommunity service provider.\ncorrections worker means a corrections officer, or an interstate escort\nofficer, exercising a function under the Corrections Management\nAct 2007.\nfrontline community service provider means—\n(b) a protective service officer; or\n(c) a corrections worker; or\n\n(d) a member of an emergency service.\ninterstate escort officer means a person mentioned in the Corrections\nManagement Act 2007, section 213.\nmember, of an emergency service—\n(a) see the Emergencies Act 2004, dictionary; and\n(b) includes—\n(i) a person operating in the ACT in accordance with a\ncooperative arrangement under the Emergencies Act 2004,\nsection 176; and\n(ii) a person employed by the ACT Emergency Services\nAgency; and\n(iii) a volunteer assisting the ACT Emergency Services\nAgency.\nprotective service officer means a person in relation to whom a\ndeclaration under the Australian Federal Police Act 1979 (Cwlth),\nsection 40EA is in force.\n","sortOrder":27},{"sectionNumber":"26B","sectionType":"section","heading":"Assault of frontline community service provider—","content":"26B Assault of frontline community service provider—\nalternative verdict\nsection 26A, the trier of fact is not satisfied that the defendant\ncommitted the offence but is satisfied beyond reasonable doubt that\nthe defendant committed an offence against section 26 (Common\nassault).\n(2) The trier of fact may find the defendant guilty of the offence against\nsection 26 but only if the defendant has been given procedural\nfairness in relation to that finding of guilt.\n\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Acts endangering life etc","content":"27 Acts endangering life etc\nchoke, a person, includes apply pressure, to any extent, to the\nperson’s neck.\nconveyance means a vehicle (including an aircraft) or vessel of a kind\nused for transporting persons, animals or goods.\npublic utility service means—\n(a) the supply of electricity, gas or water; or\n(b) the supply of fuel; or\n(c) the collection and disposal of sewerage and other waste;\nas a service to the public.\nstrangle, a person, includes apply pressure, to any extent, to the\nperson’s neck.\nsuffocate, a person, includes the following:\n(a) obstruct, to any extent, any part of the person’s—\n(i) respiratory system; or\n(ii) accessory systems of respiration;\n(b) interfere, to any extent, with the operation of the person’s—\n(i) respiratory system; or\n(ii) accessory systems of respiration;\n(c) impede, to any extent, the person’s respiration.\ntransport facility means a facility provided to permit the\ntransportation of persons, animals or goods, whether by air or over\nland or water, or provided in connection with such transportation.\n\n(2) For subsection (3) (g), an interference shall be taken to include any\nact or omission that, whether temporarily or permanently, damages,\nrenders inoperative, obstructs, causes to malfunction or puts to an\nimproper purpose.\n(3) A person who intentionally and unlawfully—\n(a) chokes, suffocates or strangles another person so as to render\nthat person insensible or unconscious or, by any other means,\nrenders another person insensible or unconscious; or\n(b) administers to, or causes to be taken by, another person any\nstupefying or overpowering drug or poison or any other\ninjurious substance likely to endanger human life or cause a\nperson grievous bodily harm; or\n(c) uses against another person any offensive weapon likely to\nendanger human life or cause a person grievous bodily harm; or\n(d) discharges any loaded arms at another person or so as to cause\nanother person reasonable apprehension for his or her safety; or\n(e) causes an explosion or throws, places, sends or otherwise uses\nany explosive device or any explosive, corrosive or inflammable\nsubstance in circumstances likely to endanger human life or\ncause a person grievous bodily harm; or\n(f) sets a trap or device for the purpose of creating circumstances\nlikely to endanger human life or cause a person (including a\ntrespasser) grievous bodily harm; or\n(g) interferes with any conveyance or transport facility or any public\nutility service in circumstances likely to endanger human life or\ncause a person grievous bodily harm; or\n\n(h) interferes with a prescribed traffic control device (within the\nmeaning of the Road Transport (Safety and Traffic\nManagement) Act 1999) in circumstances likely to endanger life\nor cause a person grievous bodily harm;\nfor—\n(i) in the case of an aggravated offence against this section—\n(j) in any other case—10 years.\n(4) A person who does an act referred to in subsection (3)—\n(a) intending to commit an indictable offence against this part\npunishable by imprisonment for a maximum period exceeding\n10 years; or\n(b) intending to prevent or hinder his or her lawful apprehension or\ndetention or that of another person; or\n(c) intending to prevent or hinder a police officer from lawfully\ninvestigating an act or matter that reasonably calls for\ninvestigation by the officer;\nfor 15 years.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Acts endangering health etc","content":"28 Acts endangering health etc\nchoke, a person—see section 27 (1).\nconveyance—see section 27 (1).\ninterferes with—see section 27 (2).\n\npublic utility service—see section 27 (1).\nstrangle, a person—see section 27 (1).\nsuffocate, a person—see section 27 (1).\ntransport facility—see section 27 (1).\n(2) A person who intentionally and unlawfully—\n(a) chokes, suffocates or strangles another person; or\n(b) administers to, or causes to be taken by, another person any\npoison or other injurious substance with intent to injure or cause\npain or discomfort to that person; or\n(c) causes an explosion or throws, places, sends or otherwise uses\nany explosive device or any explosive, corrosive or inflammable\nsubstance in circumstances dangerous to the health, safety or\nphysical wellbeing of another person; or\n(d) sets a trap or device for the purpose of creating circumstances\ndangerous to the health, safety or physical wellbeing of another\nperson (including a trespasser); or\n(e) interferes with any conveyance or transport facility or any public\nutility service in circumstances dangerous to the health, safety\nor physical wellbeing of another person;\nfor—\n(f) in the case of an aggravated offence against this section—\n7 years; or\n(g) in any other case—5 years.\n\n28AA Food or drink spiking\n(i) gives or causes another person to be given food or drink;\nor\n(ii) causes another person to consume food or drink; and\n(b) the food or drink contains an intoxicating substance; and\n(c) the other person is not aware the food or drink contains the\nintoxicating substance; and\n(d) the person intends a person to be harmed by the consumption of\nthe food or drink.\n(2) A person commits an offence if—\n(i) gives or causes another person to be given food or drink;\nor\n(ii) causes another person to consume food or drink; and\n(b) the food or drink contains more of an intoxicating substance than\nthe other person would reasonably expect it to contain; and\n(c) the person intends a person to be harmed by the consumption of\nthe food or drink.\n\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant is a health practitioner and\nthe intoxicating substance was given to the other person in the course\nof practising a health profession.\ngive, food or drink, includes—\n(a) prepare food or drink; or\n(b) make food or drink available for consumption.\nharm, to a person, includes impairment of the senses or\nunderstanding that the person might reasonably be expected to object\nto in the circumstances.\nimpair includes further impair.\nintoxicating substance includes any substance that affects a person’s\nsenses or understanding.\n","sortOrder":30},{"sectionNumber":"28A","sectionType":"section","heading":"Throwing etc objects at vehicles","content":"28A Throwing etc objects at vehicles\n(a) the person intentionally throws an object at, drops an object on,\nor places an object in the path of, a vehicle; and\n(b) the vehicle is on a road, road related area or railway; and\n(c) a person is in the vehicle; and\n(d) the conduct risks the safety of any person.\nNote The fault element of recklessness applies to pars (b), (c) and (d) (see\nCriminal Code, s 22 (2)).\n\n(2) For subsection (1) (b), the vehicle may be moving, parked or\notherwise stopped.\n(3) In a prosecution for an offence against this section it is not necessary\nto prove that the object made contact with the vehicle.\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad related area—see the Road Transport (General) Act 1999,\nvehicle includes the following:\n(a) a motor vehicle;\n(b) a light rail vehicle, train or tram;\n(c) a bicycle;\n(d) a vehicle drawn by an animal or an animal ridden by a person.\n","sortOrder":31},{"sectionNumber":"28B","sectionType":"section","heading":"Discharging firearm at building or conveyance","content":"28B Discharging firearm at building or conveyance\n(1) A person commits an offence if the person recklessly discharges a\nfirearm at a building or conveyance.\nbuilding includes—\n(a) part of a building; or\n(b) a mobile home, caravan, tent or other temporary structure.\nconveyance includes an aircraft, vehicle or vessel.\nfirearm includes an airgun and air pistol.\n\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Culpable driving of motor vehicle","content":"29 Culpable driving of motor vehicle\ndrug—see the Road Transport (Alcohol and Drugs) Act 1977,\n(2) A person who, by the culpable driving of a motor vehicle, causes the\ndeath of another person is guilty of an offence punishable, on\nconviction, by imprisonment for 14 years.\n(3) However, for an aggravated offence against subsection (2), the\nmaximum penalty is imprisonment for 16 years.\n(4) A person who, by the culpable driving of a motor vehicle, causes\ngrievous bodily harm to another person is guilty of an offence\npunishable, on conviction, by imprisonment for 10 years.\n(5) However, for an aggravated offence against subsection (4), the\nmaximum penalty is imprisonment for 12 years.\n(6) For this section, a person shall be taken to drive a motor vehicle\nculpably if the person drives the vehicle—\n(a) negligently; or\n(b) while under the influence of alcohol, or a drug, to such an extent\nas to be incapable of having proper control of the vehicle.\n(7) For this section, a person shall be taken to drive a motor vehicle\nnegligently if the person fails unjustifiably and to a gross degree to\nobserve the standard of care that a reasonable person would have\nobserved in all the circumstances of the case.\n(8) An information or indictment for an offence against subsection (2) or\n(4) shall specify the nature of the culpability, within the meaning of\nsubsection (6), that is alleged.\n\n(9) Nothing in subsection (8) renders inadmissible in proceedings for an\noffence against subsection (2) or (4) evidence that, apart from that\nsubsection, would be admissible in the proceedings.\n(10) Nothing in this section affects—\n(a) the liability of a person to be convicted of murder or\nmanslaughter or any other offence; or\n(b) the punishment that may be imposed for such an offence.\nNote Under the Road Transport (General) Act 1999, s 62 (Automatic\ndisqualification for culpable driving), if a person is convicted, or found\nguilty, of an offence against this section, the person is automatically\ndisqualified from holding or obtaining a driver licence.\n(11) A person who has been convicted or acquitted of an offence against\nsubsection (2) or (4) is not liable to be convicted of any other offence\nagainst this Act on the same facts or on substantially the same facts.\n(12) Subject to section 49, a person is not liable to be convicted of an\noffence against subsection (2) or (4) if the person has been convicted\nor acquitted of any other offence on the same facts or on substantially\nthe same facts.\n","sortOrder":33},{"sectionNumber":"29A","sectionType":"section","heading":"Driving motor vehicle at police","content":"29A Driving motor vehicle at police\n(a) the person drives a motor vehicle near or at a police officer; and\n(b) the person knows, or is reckless about whether, the police officer\nis a police officer; and\n(c) the police officer is exercising a function given to the officer as\na police officer; and\n\n(i) intends to risk the police officer’s safety by that conduct;\nor\n(ii) is reckless about risking the police officer’s safety by that\nconduct.\nMaximum penalty: imprisonment for 15 years.\n(2) Strict liability applies to subsection (1) (c).\n(3) For subsection (1) (b), it is presumed, unless there is evidence to the\ncontrary, that the defendant knew that the police officer was a police\nofficer if—\n(a) the officer identified themselves as a police officer; or\n(b) the officer was inside a vehicle that stated “police” on the\noutside of the vehicle; or\n(c) the officer was inside a vehicle and it was reasonably apparent\nthat the vehicle was being used, or was ordinarily used, by a\npolice officer in the exercise of the officer’s functions; or\n(d) the fact that the police officer was a police officer was\nreasonably apparent, having regard to all of the circumstances,\nincluding the conduct and manner of the police officer.\nExample—par (c)\nthe vehicle was an unmarked car displaying a flashing blue or red light (whether or\nnot it was displaying other lights) or was using a siren\n(4) The defendant has an evidential burden in relation to evidence to the\ncontrary mentioned in subsection (3).\n(5) A person may be guilty of an offence against this section regardless\nof whether the person’s driving injured the police officer.\n\n","sortOrder":34},{"sectionNumber":"29B","sectionType":"section","heading":"Damaging police vehicle","content":"29B Damaging police vehicle\n(a) the person drives a motor vehicle and causes damage to a police\nvehicle by that conduct; and\n(b) the person knows, or is reckless about whether, the damaged\nvehicle is a police vehicle; and\n(c) the person intends to cause, or is reckless about causing, damage\nto the police vehicle.\n(2) For subsection (1) (b), it is presumed, unless there is evidence to the\ncontrary, that the defendant knew that the damaged vehicle was a\npolice vehicle if—\n(a) the vehicle stated “police” on the outside of the vehicle; or\n(b) the fact that the vehicle was a police vehicle was reasonably\napparent, having regard to all of the circumstances, including the\nmanner in which it was being driven.\nExample—par (b)\nthe vehicle was an unmarked car displaying a flashing blue or red light (whether or\nnot it was displaying other lights) or was using a siren\n(3) The defendant has an evidential burden in relation to evidence to the\ncontrary mentioned in subsection (2).\n(4) A person may be guilty of an offence against this section regardless\nof whether the damaged vehicle was occupied by a police officer.\npolice vehicle means a motor vehicle that is being used, or is\nordinarily used, by a police officer in the exercise of the officer’s\nfunctions.\n\n","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Threat to kill","content":"30 Threat to kill\nIf—\n(a) a person makes a threat to another person to kill that other person\nor any third person—\n(i) intending that other person to fear that the threat would be\n(ii) being reckless whether or not that other person would fear\n(b) the threat is made—\n(i) without lawful excuse; and\n(ii) in circumstances in which a reasonable person would fear\nthat the threat would be carried out;\nconviction, by imprisonment for—\n(c) in the case of an aggravated offence against this section—\n(d) in any other case—10 years.\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Threat to inflict grievous bodily harm","content":"31 Threat to inflict grievous bodily harm\nIf—\n(a) a person makes a threat to another person to inflict grievous\nbodily harm on that other person or any third person—\n(i) intending that other person to fear that the threat would be\n\n(ii) being reckless whether or not that other person would fear\n(b) the threat is made—\n(i) without lawful excuse; and\n(ii) in circumstances in which a reasonable person would fear\nthat the threat would be carried out;\nconviction, by imprisonment for—\n(c) in the case of an aggravated offence against this section—\n7 years; or\n(d) in any other case—5 years.\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Demands accompanied by threats","content":"32 Demands accompanied by threats\n(1) A person who—\n(a) makes a demand of another person; or\n(b) resists, prevents or hinders his or her lawful apprehension or\ndetention, or that of another person; or\n(c) prevents or hinders a police officer from lawfully investigating\nany act or matter that reasonably calls for investigation by the\nwith a threat to kill or inflict grievous bodily harm on a person (other\nthan the offender or an accomplice of the offender) is guilty of an\noffence punishable, on conviction, by imprisonment for—\n(d) in the case of an aggravated offence against this section—\n25 years; or\n(e) in any other case—20 years.\n\n(a) makes a demand of another person; or\n(b) resists, prevents or hinders his or her lawful apprehension or\ndetention, or that of another person; or\n(c) prevents or hinders a police officer from lawfully investigating\nany act or matter that reasonably calls for investigation by the\nwith a threat to endanger the health, safety or physical wellbeing of a\nperson (other than the offender or an accomplice of the offender) is\nguilty of an offence punishable, on conviction, by imprisonment\nfor—\n(d) in the case of an aggravated offence against this section—\n(e) in any other case—10 years.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Possession of object with intent to kill etc","content":"33 Possession of object with intent to kill etc\n(a) has possession of an object capable of causing harm to another\n(b) intends to use the object, or to cause or permit another person to\nuse the object, unlawfully to kill another person or cause\ngrievous bodily harm to another person;\nfor 5 years.\n\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Forcible confinement","content":"34 Forcible confinement\nA person who unlawfully confines or imprisons another person is\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Stalking","content":"35 Stalking\n(1) A person must not stalk someone with intent—\n(a) to cause apprehension, or fear of harm, in the person stalked or\nsomeone else; or\n(b) to cause harm to the person stalked or someone else; or\n(c) to harass the person stalked.\n(a) for an aggravated offence against this section—\n(i) imprisonment for 7 years if—\n(A) the offence involved a contravention of an injunction\nor other order made by a court; or\n(B) the offender was in possession of an offensive\nweapon; or\n(ii) in any other case—imprisonment for 3 years; or\n(b) for an offence against this section other than an aggravated\noffence—\n(i) imprisonment for 5 years if—\n(A) the offence involved a contravention of an injunction\nor other order made by a court; or\n(B) the offender was in possession of an offensive\nweapon; or\n\n(ii) in any other case—imprisonment for 2 years.\n(2) For this section, a person stalks someone else (the stalked person) if,\non at least 2 occasions, the person does 1 or more of the following:\n(a) follows or approaches the stalked person;\n(b) loiters near, watches, approaches or enters a place where the\nstalked person resides, works or visits;\n(c) keeps the stalked person under surveillance;\n(d) interferes with property in the possession of the stalked person;\n(e) gives or sends offensive material to the stalked person or leaves\noffensive material where it is likely to be found by, given to or\nbrought to the attention of, the stalked person;\n(f) telephones, sends electronic messages to or otherwise contacts\nthe stalked person;\n(g) sends electronic messages about the stalked person to anybody\nelse;\n(h) makes electronic messages about the stalked person available to\nanybody else;\n(i) acts covertly in a way that could reasonably be expected to\narouse apprehension or fear in the stalked person;\n(j) engages in conduct amounting to intimidation, harassment or\nmolestation of the stalked person.\n(3) However, this section does not apply to reasonable conduct engaged\nin by a person as part of the person’s employment if it is a function\nof the person’s employment to engage in the conduct and the conduct\nis not otherwise unlawful.\n\n(4) Without limiting subsection (1), a person is also taken to have the\nintent mentioned in the subsection if the person knows that, or is\nreckless about whether, stalking the other person would be likely—\n(a) to cause apprehension or fear of harm in the person stalked or\nsomeone else; or\n(b) to harass the person stalked.\n(5) In a prosecution for an offence against subsection (1), it is not\nnecessary to prove that the person stalked or someone else\napprehended or feared harm or that the person stalked was harassed.\n(6) For this section:\nharm means physical harm, harm to mental health, or disease,\nwhether permanent or temporary.\nharm to mental health includes psychological harm.\nphysical harm includes unconsciousness, pain, disfigurement and\nphysical contact that might reasonably be objected to in the\ncircumstances, whether or not there was an awareness of the contact\nat the time.\n","sortOrder":41},{"sectionNumber":"35A","sectionType":"section","heading":"Affray","content":"35A Affray\n(d) the violence or threat would be likely to cause a reasonable\nperson to fear for his or her safety.\n\n(2) A person commits an offence if—\n(d) 2 or more other people present are also engaging in conduct that\nis violence, or the threat of violence, directed towards someone\nelse; and\n(e) the conduct of the person and the other people taken together\nwould be likely to cause a reasonable person to fear for their\nsafety.\n(d) 5 or more other people present are also engaging in conduct that\nis violence, or the threat of violence, directed towards someone\nelse; and\n(e) the conduct of the person and the other people taken together\nwould be likely to cause a reasonable person to fear for their\nsafety.\n(4) For an offence against this section—\n(a) the violence or the threat of violence—\n(i) must involve more than words; and\n(ii) need not be carried out in common purpose with any other\n\n(b) a person towards whom the violence or threat of violence is\ndirected does not need to be involved in the violence or threat;\nand\n(c) a reasonable person does not need to be, or be likely to be,\npresent at the place where the conduct happened; and\n(d) a person does not need to have actually feared for their safety.\nengage in conduct—see the Criminal Code, section 13.\n35AA Affray—alternative verdicts\nsection 35A (2) or (3), the trier of fact is not satisfied that the\ndefendant committed the offence but is satisfied beyond reasonable\ndoubt that the defendant committed another offence against\nsection 35A carrying a lesser penalty than the offence charged.\nthat finding of guilt.\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Torture","content":"36 Torture\nact of torture means any act by which severe pain or suffering,\nwhether physical or mental, is intentionally inflicted on a person—\n(a) for such purposes as—\n(i) obtaining from the person or from a third person\ninformation or a confession; or\n(ii) punishing the person for an act that the person or a third\nperson has committed or is suspected of having committed;\nor\n\n(iii) intimidating or coercing the person or a third person; or\n(b) for any reason based on discrimination of any kind;\nbut does not include an act arising only from, inherent in or incidental\nto, lawful sanctions that are not inconsistent with the articles of the\nInternational Covenant on Civil and Political Rights (being the\ncovenant a copy of the English text of which is set out in the\nAustralian Human Rights Commission Act 1986 (Cwlth), schedule 2.\n(a) is a public employee or acting in an official capacity; or\n(b) is acting at the instigation, or with the consent or acquiescence,\nof a public employee or a person acting in an official capacity;\nand who commits an act of torture is guilty of an offence punishable,\non conviction, by imprisonment for 10 years.\n","sortOrder":43},{"sectionNumber":"36A","sectionType":"section","heading":"Abuse of vulnerable person","content":"36A Abuse of vulnerable person\n(a) the person is responsible for providing care to a vulnerable\n(b) the person engages in abusive conduct towards the vulnerable\n(c) the conduct results in—\n(i) harm to the vulnerable person; or\n(ii) a financial benefit for the person or someone else\nassociated with the person; and\n\n(d) the person is reckless about—\n(i) if the vulnerable person suffers harm—causing the harm;\nor\n(ii) if the person or someone else associated with the person\nobtains a financial benefit—obtaining the benefit.\n(a) if the person’s conduct results in harm, other than serious harm,\nor a financial benefit—imprisonment for 3 years; or\n(b) if the person’s conduct results in serious harm—imprisonment\nfor 5 years.\n(2) Without limiting subsection (1) (a), a defendant is responsible for\nproviding care to a vulnerable person—\n(a) if the defendant exercises control over any aspect of the care\nneeded by the vulnerable person; and\n(b) regardless of whether the care of the vulnerable person is\nshort-term or long-term care.\nif the defendant proves that—\n(a) the defendant’s conduct was reasonable in all the circumstances;\nor\n(b) for a defendant who is associated with a relevant institution\nproviding care to the vulnerable person—\n(i) the defendant’s conduct complied with—\n(A) the relevant institution’s procedures and practices for\nthe care, supervision or control of the vulnerable\n\n(B) the direction of a person in authority in the relevant\ninstitution; or\n(ii) the abusive conduct happened as a result of circumstances\nbeyond the defendant’s control.\n(4) For subsection (3) (b), a defendant is associated with a relevant\ninstitution if the defendant—\nabusive conduct, engaged in by a person (the abusive person) toward\na vulnerable person, means an act or omission—\n(a) that is directed at the vulnerable person, and is of a violent,\nthreatening, intimidating or sexually inappropriate nature; or\n(b) that—\n(i) is directed at the vulnerable person, or someone known to\nthe vulnerable person, and is reasonably likely to—\n(A) make the vulnerable person dependent on or\nsubordinate to the abusive person; or\n(B) isolate the vulnerable person from friends or family;\nor\n(C) limit the vulnerable person’s access to services\nneeded by the vulnerable person; or\n\n(D) deprive or restrict the vulnerable person’s freedom of\naction; or\n(E) frighten, humiliate, degrade or punish the vulnerable\n(ii) is not reasonably necessary for the safe and effective care\nof the vulnerable person, or for the safety of another person\nwho is present or nearby.\nharm means physical, psychological or financial detriment.\nrelevant institution means—\n(a) an entity, other than an individual, that operates facilities for,\nengages in activities with, or provides services to, vulnerable\npeople under the entity’s care, supervision or control; or\n(b) a group of entities mentioned in paragraph (a) if the entities—\n(i) interact with each other, share similar characteristics and\ncollectively have a sense of unity; or\n(ii) are controlled, managed or governed by another entity.\nExamples—par (a)\nreligious organisations, hospitals, nursing homes\nExample—par (b)\na group of nursing homes controlled by a religious organisation or operated by a\ncompany\nserious harm means any harm (including the cumulative effect of\nmore than 1 harm) that—\n(a) endangers, or is likely to endanger, human life; or\n(b) is, or is likely to be, significant and longstanding.\n\nvulnerable person means an adult who—\n(a) has a disability within the meaning of the Disability Services\nAct 1991; or\n(b) is at least 60 years old and—\n(i) has a disorder, illness or disease that affects the person’s\nthought processes, perception of reality, emotions or\njudgment or otherwise results in disturbed behaviour; or\n(ii) has an impairment that—\n(A) is intellectual, psychiatric, sensory or physical in\nnature; and\n(B) results in a substantially reduced capacity of the\nperson for communication, learning or mobility; or\n(iii) for any other reason is socially isolated or unable to\nparticipate in the life of the person’s community.\n","sortOrder":44},{"sectionNumber":"36B","sectionType":"section","heading":"Failure to protect vulnerable person from criminal offence","content":"36B Failure to protect vulnerable person from criminal offence\n(a) the person is a person in authority in a relevant institution\n(the person in authority); and\n(b) there is a substantial risk that a serious offence will be\ncommitted against a vulnerable person under the institution’s\ncare, supervision or control by—\n(i) a person associated with the institution; or\n(ii) by another person in authority in the institution; and\n(c) the person in authority is aware that the risk exists; and\n(d) the person in authority can, because of the position the person\noccupies in the institution, reduce or remove the risk; and\n\n(e) the person in authority recklessly or negligently fails to reduce\nor remove the risk.\n(a) it does not matter that an act or omission constituting the\ncriminal offence happens, or is at risk of happening, outside the\nACT if—\n(i) the vulnerable person was in the ACT at any time the\nperson in authority was aware that the risk mentioned in\nsubsection (1) (b) existed; or\n(ii) the person mentioned in subsection (1) (b) (i) or (ii) was a\nperson associated with, or in authority in, a relevant\ninstitution in the ACT at any time the person in authority\nwas aware that the risk existed; and\n(b) it is not necessary to prove that a criminal offence has been\ncommitted.\nassociated—a person is associated with a relevant institution if the\nperson—\nrelevant institution—see section 36A (5).\n\n(a) an offence punishable by imprisonment for 5 years or longer; or\n(b) an offence in another jurisdiction that would be an offence under\nparagraph (a) if committed in the ACT.\nvulnerable person—see section 36A (5).\n","sortOrder":45},{"sectionNumber":"36C","sectionType":"section","heading":"Neglect of vulnerable person","content":"36C Neglect of vulnerable person\n(a) the person is responsible for providing care to a vulnerable\n(b) the person recklessly or negligently fails to provide the\nvulnerable person with the necessities of life that are a necessary\npart of the care the person is responsible for providing to the\nvulnerable person; and\n(c) the person’s failure causes serious harm to the vulnerable\n(2) Without limiting subsection (1) (a), a defendant is responsible for\nproviding care to a vulnerable person—\n(a) if the defendant exercises control over any aspect of the care\nneeded by the vulnerable person; and\n(b) regardless of whether the care of the vulnerable person is\nshort-term or long-term care.\n\nif the defendant proves that—\n(a) the defendant’s conduct was reasonable in all the circumstances;\nor\n(b) for a defendant who is associated with a relevant institution\nproviding care to the vulnerable person—\n(i) the defendant’s conduct complied with—\n(A) the relevant institution’s procedures and practices for\nthe care, supervision or control of the vulnerable\n(B) the direction of a person in authority in the relevant\ninstitution; or\n(ii) the failure to provide the necessities of life happened as a\nresult of circumstances beyond the defendant’s control.\n(4) For subsection (3) (b), a defendant is associated with a relevant\ninstitution if the defendant—\nnecessities of life includes adequate food, clothing, shelter, hygiene\nand health care.\nrelevant institution—see section 36A (5).\n\nserious harm—see section 36A (5).\nvulnerable person—see section 36A (5).\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Abduction of young person","content":"37 Abduction of young person\nA person who unlawfully takes, or causes to be taken, an unmarried\nperson under the age of 16 years out of the lawful control and against\nthe will of a person having lawful control of the unmarried person is\n5 years.\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Kidnapping","content":"38 Kidnapping\nA person who leads, takes or entices away or detains a person with\nintent to hold that person for ransom or for any other advantage to\nany person is guilty of an offence punishable, on conviction, by—\n(a) if that other person suffers any grievous bodily harm while being\nso led, taken or enticed away, or detained—imprisonment for\n20 years; or\n","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Neglect etc of children","content":"39 Neglect etc of children\n(1) A person must not—\n(a) ill-treat or abuse a child who is in the person’s care; or\n(b) neglect a child for whom he or she is caring or has parental\nresponsibility.\n(2) A person is not guilty of an offence referred to in subsection (1) (b)\nby reason only of failing to provide a thing for a child if the person\ndid not provide the thing because he or she could not afford to do so.\n\n(3) A person must not, knowingly or recklessly, leave a child unattended\nin such circumstances and for such a time that the child could suffer\ninjury or sickness or otherwise be in danger.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(4) A police officer, medical practitioner or director-general responsible\nfor the Children and Young People Act 2008 may act (including by\nentering any building, place or vehicle, with such force that is\nnecessary and reasonable) if the police officer, medical practitioner\nor director-general reasonably believes—\n(a) that a child is being or has been ill-treated, abused or neglected\nas mentioned in subsection (1) or left unattended as mentioned\nin subsection (3); and\n(b) that it is necessary to act immediately to safeguard the child.\n(5) An action does not lie against a person by reason of the person having\nacted under subsection (4) in good faith, without negligence and with\nreasonable care in the circumstances.\nparental responsibility, for a child, means all the duties, powers,\nresponsibilities and authority parents ordinarily have by law in\nrelation to their children.\n","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Unlawfully taking child etc","content":"40 Unlawfully taking child etc\nA person who, by force or deception, leads, takes or entices away or\ndetains a child under the age of 12 years—\n(a) intending unlawfully to deprive another person of the lawful\ncontrol of the child; or\n(b) intending to steal any article on or about the person of the child;\nfor 10 years.\n\n","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Exposing or abandoning child","content":"41 Exposing or abandoning child\nA person who unlawfully abandons or exposes a child under the age\nof 2 years and by the abandonment or exposure endangers the life or\nhealth of the child is guilty of an offence punishable, on conviction,\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Child destruction","content":"42 Child destruction\nA person who unlawfully and, either intentionally or recklessly, by\nany act or omission occurring in relation to a childbirth and before the\nchild is born alive—\n(a) prevents the child from being born alive; or\n(b) contributes to the child’s death;\nfor 15 years.\n","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Childbirth—grievous bodily harm","content":"43 Childbirth—grievous bodily harm\nA person who unlawfully and, either intentionally or recklessly, by\nany act or omission occurring in relation to a childbirth and before the\nchild is born alive, inflicts grievous bodily harm on the child, is guilty\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Concealment of birth","content":"47 Concealment of birth\n(1) A person who disposes of the dead body of a child (whether or not\nthe child was born alive) with intent to conceal the child’s birth is\n2 years.\n(2) It is a defence to a charge for an offence against subsection (1) if the\naccused satisfies the court or jury that the body disposed of had issued\nfrom the mother’s body before the end of the 28th week of pregnancy.\n\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Misconduct with regard to corpses","content":"48 Misconduct with regard to corpses\n(a) indecently interferes with any dead human body; or\n(b) improperly interferes with, or offers any indignity to, any dead\nhuman body or human remains (whether buried or not);\nfor 2 years.\n","sortOrder":55},{"sectionNumber":"48A","sectionType":"section","heading":"Aggravated offences—pt 2 offences against pregnant","content":"48A Aggravated offences—pt 2 offences against pregnant\n(a) section 15 (Manslaughter);\n(b) section 19 (Intentionally inflicting grievous bodily harm);\n(c) section 20 (Recklessly inflicting grievous bodily harm);\n(d) section 21 (Wounding);\n(e) section 23 (Inflicting actual bodily harm);\n(f) section 24 (Assault occasioning actual bodily harm);\n(g) section 29 (2) or (4) (Culpable driving of motor vehicle).\n(2) The offence is an aggravated offence if—\n(a) the offence was committed against a pregnant person; and\n(b) the commission of the offence caused—\n(i) the loss of, or serious harm to, the pregnancy; or\n(ii) the death of, or serious harm to, a child born alive as a\nresult of the pregnancy.\n\n(3) However, the offence is not an aggravated offence if the defendant\nproves, on the balance of probabilities, that the defendant did not\nknow, and could not reasonably have known, that the person was\npregnant.\n(4) If the prosecution intends to prove that the offence is an aggravated\noffence, the relevant factors of aggravation must be stated in the\ncharge.\n(5) To remove any doubt—\ndoes not apply to an offence to which this section applies,\nwhether or not it is an aggravated offence.\ncause loss, serious harm or death—a person’s conduct causes loss,\nserious harm or death if it substantially contributes to the loss, serious\nharm or death.\nfactor of aggravation means a matter mentioned in subsection (2) (a)\nor (b).\nharm to a child—see the Criminal Code, dictionary, definition of\nharm.\nharm to a pregnancy includes maternal haemorrhage, rupture of the\nuterus or membranes, placental abruption, pre-term uterine\ncontractions, fetal haemorrhage and trauma to the fetus.\nloss of a pregnancy means a miscarriage or stillbirth.\nserious harm to a child—see the Criminal Code, dictionary,\ndefinition of serious harm.\n\nserious harm to a pregnancy means any harm (including the\ncumulative effect of more than 1 harm) that—\n(a) is likely to cause loss of the pregnancy; or\n(b) endangers, or is likely to endanger, the natural course of the\npregnancy.\n","sortOrder":56},{"sectionNumber":"48B","sectionType":"section","heading":"Alternative verdicts for aggravated offences—pt 2","content":"48B Alternative verdicts for aggravated offences—pt 2\noffences against pregnant person\nmentioned in column 2 of an item in table 48B, the trier of fact—\nin relation to the finding of guilt.\nTable 48B\nitem\n1 section 15\n(Manslaughter),\n• section 15, simple offence\n• section 29 (2) (Culpable driving of motor\nvehicle—causing death), aggravated offence\n\nitem\n• section 47 (Concealment of birth)\n2 section 19 (Intentionally\n• section 21 (Wounding), aggravated offence\n3 section 20 (Recklessly\n• section 29 (4) (Culpable driving of motor\nvehicle—causing grievous bodily harm),\n4 section 21 (Wounding),\n\nitem\n5 section 23 (Inflicting\nactual bodily harm)—\n6 section 24 (Assault\noccasioning actual bodily\nharm)—aggravated\n7 section 29 (2) (Culpable\ndeath—aggravated\nAct 1999, section 6 (1) (a) (Negligent driving)—\ncausing death\n8 section 29 (4) (Culpable\ngrievous bodily harm—\nAct 1999, section 6 (1) (b) (Negligent driving)—\ncausing grievous bodily harm\n","sortOrder":57},{"sectionNumber":"48C","sectionType":"section","heading":"Aggravated offences—pt 2 offences involving family","content":"48C Aggravated offences—pt 2 offences involving family\n(a) section 15 (Manslaughter);\n(b) section 19 (Intentionally inflicting grievous bodily harm);\n(c) section 20 (Recklessly inflicting grievous bodily harm);\n(d) section 21 (Wounding);\n(e) section 23 (Inflicting actual bodily harm);\n(f) section 24 (Assault occasioning actual bodily harm);\n(g) section 26 (Common assault);\n(h) section 27 (Acts endangering life etc);\n\n(i) section 28 (Acts endangering health etc);\n(j) section 29 (Culpable driving of motor vehicle);\n(k) section 30 (Threat to kill);\n(l) section 31 (Threat to inflict grievous bodily harm);\n(m) section 32 (Demands accompanied by threats);\n(n) section 35 (Stalking).\n(4) To remove any doubt—\ndoes not apply to an offence mentioned in subsection (1),\nwhether or not it is an aggravated offence.\n(a) s 72AA (Aggravated offences—pt 3 offences involving family\n(b) s 72EA (Aggravated offences—pt 3A offences involving family\n\n","sortOrder":58},{"sectionNumber":"48D","sectionType":"section","heading":"Alternative verdicts for aggravated offences—offences","content":"48D Alternative verdicts for aggravated offences—offences\nmentioned in column 2 of an item in table 48D, the trier of fact—\nin relation to that finding of guilt.\nTable 48D\nitem\n1 section 15\n(Manslaughter),\n• section 15, simple offence\n• section 29 (2) (Culpable driving of motor\nvehicle—causing death), aggravated offence\n2 section 19 (Intentionally\n• section 21 (Wounding), aggravated offence\n\nitem\n• section 43 (Childbirth—grievous bodily harm),\n3 section 20 (Recklessly\n• section 29 (4) (Culpable driving of motor\nvehicle—causing grievous bodily harm),\n4 section 21 (Wounding),\n5 section 23 (Inflicting\nactual bodily harm),\n6 section 24 (Assault\noccasioning actual bodily\n7 section 26 (Common\nassault), aggravated\n\nitem\n8 section 27 (3) (a) (Acts\nchoking etc rendering\nperson unconscious etc),\n• section 27 (3) (a), simple offence\n• section 28 (2) (a) (Choking, suffocating or\nstrangling)\n9 section 27 (3) (b) (Acts\nadministering drugs etc\n• section 27 (3) (b), simple offence\n• section 28 (2) (b) (administering poison etc with\nintent to injure etc)\n10 section 27 (3) (e) (Acts\ncausing explosions etc\n• section 27 (3) (e), simple offence\n• section 28 (2) (c) (Causing explosions etc\nendangering health etc)\n11 section 27 (3) (f) (Acts\nendangering life etc)—\nsetting traps endangering\nlife etc, aggravated\n• section 27 (3) (f), simple offence\n• section 28 (2) (d) (Setting traps endangering health\netc)\n12 section 27 (3) (g) (Acts\ninterfering with\n• section 27 (3) (g), simple offence\n• section 28 (2) (e) (Interfering with conveyances\nand endangering health etc)\n13 section 27 (4) (Acts\nintending to commit\nindictable\noffence/prevent or hinder\napprehension/police\nofficer), aggravated\n• section 27 (3) (Acts endangering life etc),\n• section 27 (3), simple offence\n\nitem\n14 section 28 (2) (a) (Acts\nchoking, suffocating or\nstrangling), aggravated\n• section 28 (2) (a), simple offence\n• section 26 (Common assault)\n15 section 28 (2) (b) (Acts\nadministering poisons etc\nwith intent to injure etc),\n• section 28 (2) (b), simple offence\n16 section 28 (2) (c) (Acts\ncausing explosions etc\nendangering health etc),\n• section 28 (2) (c), simple offence\n17 section 28 (2) (d) (Acts\nsetting traps endangering\nhealth etc), aggravated\n• section 28 (2) (d), simple offence\n18 section 28 (2) (e) (Acts\ninterfering with\nendangering health etc),\n• section 28 (2) (e), simple offence\n19 section 29 (2) (Culpable\nvehicle—causing death),\nAct 1999, section 6 (1), penalty, paragraph (a)\n(Negligent driving—causing death)\n20 section 29 (4) (Culpable\nvehicle—causing\ngrievous bodily harm),\nAct 1999, section 6 (1), penalty, paragraph (b)\n(Negligent driving—causing grievous bodily\nharm)\n\nitem\n21 section 30 (Threat to\nkill), aggravated offence\n• section 30, simple offence\n22 section 31 (Threat to\ninflict grievous bodily\n• section 31, simple offence\n23 section 32 (Demands\naccompanied by threats),\n• section 32, simple offence\n24 section 35 (Stalking),\n• section 35, simple offence\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Alternative verdicts for certain other offences against the","content":"49 Alternative verdicts for certain other offences against the\nIf, on a trial for an offence against a provision specified in column 2\nin an item in table 49, the jury is not satisfied that the accused is guilty\nof that offence but is satisfied that the accused is guilty of an offence\nagainst a provision specified in column 3 in that item, it may find the\naccused not guilty of the offence charged but guilty of the offence\nagainst the provision specified in column 3:\nTable 49\nItem\n1 section 12 (2)\n(Murder)\n• section 15 (2) (Manslaughter)\n• section 47 (1) (Concealment of birth)\n\nItem\n2 section 15 (1)\n(Manslaughter)\n• section 29 (2) (Culpable driving of motor vehicle)\n• section 47 (1) (Concealment of birth)\n3 section 19\n(Intentionally inflicting\ngrievous bodily harm)\n• section 21 (Wounding), simple offence\n4 section 20\n(Recklessly inflicting\ngrievous bodily harm)\n• section 29 (4) (Culpable driving of motor vehicle)\n5 section 21\n(Wounding)\n6 section 22\n(Assault with intent to\ncommit other offence)\n7 section 24\n(Assault occasioning\nactual bodily harm)\n\nItem\n8 section 27 (3) (a)\netc—choking etc\nrendering person\nunconscious etc)\n• section 28 (2) (a) (Acts endangering health etc),\n9 section 27 (3) (b)\netc—administering drugs\netc endangering life etc)\n• section 28 (2) (b) (Acts endangering health etc),\n10 section 27 (3) (e)\netc—causing explosions\netc endangering life etc)\n• section 28 (2) (c) (Acts endangering health etc),\n11 section 27 (3) (f)\netc—setting traps\nendangering life etc)\n• section 28 (2) (d) (Acts endangering health etc),\n12 section 27 (3) (g)\netc—interfering with\nendangering life etc)\n• section 28 (2) (e) (Acts endangering health etc),\n13 section 28 (2) (a)\n(Acts endangering health\netc—choking, suffocating\nor strangling)\n14 section 29 (2) (Culpable\nvehicle)—causing death\nAct 1999, section 6 (1), penalty, paragraph (a)\n(Negligent driving)—causing death\n15 section 29 (4) (Culpable\ngrievous bodily harm\nAct 1999, section 6 (1), penalty, paragraph (b)\n(Negligent driving)—causing grievous bodily\nharm\n\n","sortOrder":60},{"sectionNumber":"50A","sectionType":"section","heading":"Objects—pt 3","content":"50A Objects—pt 3\nAn object of this part is to recognise the following in relation to a\nsexual act:\n(a) consent to participate in a sexual act is not to be presumed;\n(b) every person has a right to choose not to participate in a sexual\nact;\n(c) a consensual sexual act involves ongoing and mutual\ncommunication and decision-making by the people participating\nin the sexual act.\n","sortOrder":61},{"sectionNumber":"50B","sectionType":"section","heading":"Meaning of consent—pt 3","content":"50B Meaning of consent—pt 3\nconsent, to a sexual act, means informed agreement to the sexual act\nthat is—\n(a) freely and voluntarily given; and\n(b) communicated by saying or doing something.\nNote See s 67 for when a person does not consent to an act.\n","sortOrder":62},{"sectionNumber":"50C","sectionType":"section","heading":"Meaning of sexual act—pt 3","content":"50C Meaning of sexual act—pt 3\nsexual act—\n(i) sexual intercourse; or\n(ii) an act of indecency; or\n\n(iii) any other act in circumstances where a reasonable person\nwould consider the act to be sexual; but\n(b) does not include—\n(i) an act carried out for a proper medical purpose; or\n(ii) an act otherwise authorised by law.\nNote The definition of sexual act applies to all of pt 3 unless another provision\nof pt 3 provides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155).\n(2) The matters to be taken into account in deciding whether a reasonable\nperson would consider an act to be sexual include the following:\n(a) whether the area of the body involved in the act is a person’s\nbreasts, genital area or anal area;\n(b) whether the person carrying out the act does so for the purpose\nof sexual arousal or sexual gratification;\n(c) whether any other aspect of the act (including the circumstances\nin which it is carried out) makes it sexual.\nobject—see section 50 (2).\n","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Definitions—pt 3","content":"50 Definitions—pt 3\naggravated offence, for an offence involving family violence—see\nsection 72AA (2).\nsexual intercourse means—\n(a) the penetration, to any extent, of the genitalia or anus of a person\nby any part of the body of another person, except if that\npenetration is carried out for a proper medical purpose or is\notherwise authorised by law; or\n\n(b) the penetration, to any extent, of the genitalia or anus of a person\nby an object, being penetration carried out by another person,\nexcept if that penetration is carried out for a proper medical\npurpose or is otherwise authorised by law; or\n(c) the introduction of any part of the penis of a person into the\nmouth of another person; or\n(d) fellatio; or\n(e) cunnilingus; or\n(f) the continuation of sexual intercourse as defined in\nparagraph (a), (b), (c), (d) or (e).\ngenitalia includes surgically constructed or altered genitalia.\nobject includes an animal.\n","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Sexual assault in the first degree","content":"51 Sexual assault in the first degree\n(1) A person who inflicts grievous bodily harm on another person with\nintent to engage in sexual intercourse with that other person, or with\na third person who is present or nearby, is guilty of an offence\npunishable, on conviction, by imprisonment for 17 years.\n(3) A person who, acting in company with any other person, inflicts, or\nassists in inflicting, grievous bodily harm on a third person with the\nintent that the firstmentioned person, or any person with whom he or\nshe is in company, should engage in sexual intercourse with that third\nperson, or with any other person who is present or nearby, is guilty of\nan offence punishable, on conviction, by imprisonment for 20 years.\n\nmaximum penalty is imprisonment for 25 years.\n","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Sexual assault in the second degree","content":"52 Sexual assault in the second degree\n(1) A person who inflicts actual bodily harm on another person with\nintent to engage in sexual intercourse with that other person, or with\na third person who is present or nearby, is guilty of an offence\npunishable, on conviction, by imprisonment for 14 years.\n(3) A person who, acting in company with any other person, inflicts, or\nassists in inflicting, actual bodily harm on a third person with the\nintent that the firstmentioned person, or any person with whom he or\nshe is in company, should engage in sexual intercourse with that third\nperson, or with any other person who is present or nearby, is guilty of\nan offence punishable, on conviction, by imprisonment for 17 years.\n","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Sexual assault in the third degree","content":"53 Sexual assault in the third degree\n(1) A person who unlawfully assaults, or threatens to inflict grievous or\nactual bodily harm on, another person with intent to engage in sexual\nintercourse with that other person, or with a third person who is\npresent or nearby, is guilty of an offence punishable, on conviction,\nby imprisonment for 12 years.\n\n(3) A person who, acting in company with any other person, unlawfully\nassaults, or threatens to inflict grievous or actual bodily harm on, a\nthird person with the intent that the firstmentioned person, or any\nperson with whom he or she is in company, should engage in sexual\nintercourse with that third person, or with any other person who is\npresent or nearby, is guilty of an offence punishable, on conviction,\nby imprisonment for 14 years.\n","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Sexual intercourse without consent","content":"54 Sexual intercourse without consent\n(1) A person who engages in sexual intercourse with another person\nwithout the consent of that other person and who is reckless as to\nwhether that other person consents to the sexual intercourse is guilty\n12 years.\n(3) A person who, acting in company with any other person, engages in\nsexual intercourse with another person without the consent of that\nother person and who is reckless as to whether that other person\nconsents to the sexual intercourse is guilty of an offence punishable,\non conviction, by imprisonment for 14 years.\n\n(5) For this section, proof of knowledge or recklessness is sufficient to\nestablish the element of recklessness.\n","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":"Sexual intercourse with young person","content":"55 Sexual intercourse with young person\n(1) A person who engages in sexual intercourse with another person who\nis under the age of 10 years is guilty of an offence punishable, on\nconviction, by imprisonment for 17 years.\n(3) A person who engages in sexual intercourse with another person who\nis under the age of 16 years is guilty of an offence punishable, on\nconviction, by imprisonment for 14 years.\n(5) It is a defence to a prosecution for an offence against subsection (3)\nif the defendant establishes that—\n(a) he or she believed on reasonable grounds that the person on\nwhom the offence is alleged to have been committed was of or\nabove the age of 16 years; or\n(b) at the time of the alleged offence—\n(i) the person on whom the offence is alleged to have been\ncommitted was of or above the age of 10 years; and\n(ii) the defendant was not more than 2 years older;\nand that that person consented to the sexual intercourse.\n\n","sortOrder":69},{"sectionNumber":"55A","sectionType":"section","heading":"Sexual intercourse with young person under special care","content":"55A Sexual intercourse with young person under special care\n(a) the person engages in sexual intercourse with a young person;\nand\n(b) the young person is under the person’s special care.\n(2) Without limiting subsection (1), a young person is under the special\ncare of a person if the person—\n(a) is a teacher at a school, or a person with responsibility for\nstudents at a school, and the young person is a student at the\nschool; or\n(b) is a parent, step-parent, grandparent, foster carer or legal\nguardian of the young person; or\n(c) is a domestic partner of a person mentioned in paragraph (b); or\n(d) has an established personal relationship with the young person\nin relation to the provision of religious, sporting, musical or\nother instruction; or\n(e) is the young person’s employer; or\n(f) provides professional counselling to the young person; or\n(g) is a health service provider and the young person is the person’s\npatient; or\n(h) is a custodial officer and the young person is a young detainee\nin the officer’s care, custody or control; or\n\n(i) is a carer for the young person if the young person has impaired\ndecision-making ability; or\n(j) is otherwise responsible for the care, supervision or control of\nthe young person.\n(3) Subsection (1) does not apply to a person if the person—\n(a) was married to the young person at the time of the alleged\n(b) is not more than 2 years older than the young person.\nmentioned in s (3) (see Criminal Code, s 58).\n(4) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that the defendant believed on reasonable\ngrounds that the young person was at least 18 years old.\ncustodial officer means—\n(b) a corrections officer; or\n(c) a youth detention officer under the Children and Young People\nAct 2008, section 96; or\n(d) a transfer escort under the Children and Young People Act 2008,\nsection 114; or\n(e) a prison officer under the Crimes (Sentence Administration)\nAct 2005, section 217.\n\nemployer, of a young person, includes someone authorised to—\n(a) decide or vary the terms of the young person’s employment; or\n(b) end the young person’s employment.\nfoster carer—see the Children and Young People Act 2008,\nsection 518 (2).\nhealth service—see the Human Rights Commission Act 2005,\nsection 7.\nhealth service provider includes—\n(a) a health practitioner; and\n(b) someone providing a health service.\nyoung detainee—see the Children and Young People Act 2008,\nsection 95.\nyoung person means a person who is at least 16 years old, but not yet\nan adult.\nNote Adult—see the Legislation Act, dictionary, pt 1.\n","sortOrder":70},{"sectionNumber":"56","sectionType":"section","heading":"Persistent sexual abuse of child or young person under","content":"56 Persistent sexual abuse of child or young person under\nspecial care\n(a) is an adult; and\n(b) engages in a relationship with a child, or a young person under\nthe special care of the adult, that involves more than 1 sexual\nact.\nMaximum penalty: imprisonment for 25 years.\n\n(2) For subsection (1) (b)—\n(a) a relationship includes repeated contact, interaction,\nengagement or association, of a sexual nature or otherwise; and\n(b) the relationship may have started, or started and ended, before\nthe amendment day; and\n(c) 1 or more of the sexual acts may have occurred before the\namendment day; and\n(d) a sexual offence that could be charged and proved under\nsection 66B (Course of conduct charge—child sexual offences)\ncan be 1 of the sexual acts.\n(3) For a person to be convicted of an offence against subsection (1), the\ntrier of fact must be satisfied beyond reasonable doubt that the\nrelationship existed.\nNote For circumstances in which a majority verdict is a sufficient verdict in a\nproceeding for an offence against s (1), see the Juries Act 1967, s 38.\n(4) However, in a proceeding for an offence against subsection (1), there\nis no requirement for—\n(a) the prosecution to allege the particulars of a sexual act that\nwould be necessary if the act were charged as a separate offence;\nor\n(b) the trier of fact to be satisfied of the particulars of a sexual act\nthat it would need to be satisfied of if the act were charged as a\nseparate offence; or\n(c) if the trier of fact is a jury—all the members of the jury to agree\non the same sexual acts involved in the relationship.\n\n(5) In a proceeding for an offence against subsection (1)—\n(a) the prosecution is required to allege the particulars of the period\nof the relationship; and\n(b) without limiting the Criminal Code, section 64 (2) (Extension of\noffences if required geographical nexus exists), a geographical\nnexus exists for this offence if—\n(i) any part of the relationship was engaged in inside the ACT;\nor\n(ii) at least 1 of the sexual acts occurred inside the ACT.\n(6) For an offence against this section that occurred partly or wholly\nbefore 2 March 2018, the maximum penalty is the current maximum\npenalty, however, for a relationship engaged in over the period\nmentioned in table 56, column 2, the sentence imposed must not be\nmore than the penalty mentioned in column 3 for that period.\nTable 56\nitem\nperiod of relationship\npenalty\n1 wholly before\nthe lesser of—\n(a) the current maximum penalty; and\n(b) either—\n(i) if 2 or more sexual acts alleged to\nbe involved in the relationship are\nfound to have occurred—the total\nof the maximum penalties for\neach offence constituted by the\nsexual acts; or\n(ii) in any other case—the highest\nmaximum penalty for the offences\nconstituted by the sexual acts\nalleged to be involved in the\nrelationship\n\nitem\nperiod of relationship\npenalty\n2 started before, on or after\nand ended before\nthe lesser of—\n(a) the current maximum penalty; and\n(b) the 1991 maximum penalty\n3 started on or after\nand ended on or after\nthe current maximum penalty\n4 started on or after\nthe current maximum penalty\nExample—item 1, column 3, par (b) (i)\nAn offender is convicted of an offence against this section for a relationship that\noccurred wholly before 24 December 1991. The jury agrees that 3 acts of indecency\noccurred. The maximum penalty for committing an act of indecency at the time the\nacts occurred is 5 years imprisonment. A court may impose a sentence for an\noffence against this section of up to the total of the maximum penalty for the 3 acts\nof indecency, ie 15 years imprisonment.\nExample—item 1, column 3, par (b) (ii)\nAn offender is convicted of an offence against this section for a relationship that\noccurred wholly before 24 December 1991. The sexual acts that were alleged to be\ninvolved in the relationship included conduct that, if sufficiently particularised,\nwould have constituted an act of indecency in the third degree and 3 acts of\nindecency without consent. The jury agrees that 2 sexual acts occurred but were not\nunanimous about which ones. The maximum penalty for the sexual acts at the time\nthe acts occurred are 10 years and 5 years imprisonment respectively. A court may\nimpose a sentence for an offence against this section of up to the highest maximum\npenalty for the alleged sexual acts, ie 10 years imprisonment.\n(7) A person—\n(a) may be charged on a single indictment with, and convicted of\nand punished for, both—\n(i) an offence against subsection (1); and\n\n(ii) 1 or more sexual offences committed by the person against\nthe same child or young person under the special care of\nthe person during the alleged period of the relationship; but\n(b) must not be required to serve the sentences for the offence\nagainst subsection (1) and the sexual offences consecutively.\n(8) Except as provided by subsection (7), a person cannot be convicted\nof an offence—\n(a) against subsection (1) if the person has already been convicted\nor acquitted of an offence constituted by 1 or more of the sexual\nacts alleged to be involved in the relationship; or\n(b) constituted by a sexual act against a child or young person under\nthe special care of the person if the sexual act is alleged to have\nbeen committed during the period for which the person has\nalready been convicted or acquitted of an offence against\nsubsection (1) in relation to the child or young person.\n(9) For subsection (8), a person is taken not to have been convicted of an\noffence if the conviction is quashed or set aside.\n(10) A proceeding for a charge for an offence under this section must not\nbe started without the consent of the director of public prosecutions.\n(11) The Criminal Code, chapter 2 (other than the applied provisions) does\n1991 maximum penalty means the maximum penalty for this offence\napplying on 24 December 1991.\nNote This section was previously s 92EA which was inserted into this Act by\nthe Crimes (Amendment) Act (No 3) 1991 (A1991-90). See that Act for\nthe maximum penalty for this offence applying on 24 December 1991.\namendment day means the day the Royal Commission Criminal\nJustice Legislation Amendment Act 2020, section 3 commenced.\nchild means a person who is under the age of 16 years.\n\ncurrent maximum penalty means the maximum penalty mentioned\nin subsection (1).\nsexual act—\n(i) an act that constitutes an offence against this part; or\n(ii) an act that constituted an offence against a sexual offence\nprovision of this Act previously in force (a historical\noffence); or\n(iii) an attempt to commit an act that constitutes or constituted\nan offence against this part or a historical offence; or\n(iv) an act that, if particulars of the time when or place where\nthe act took place were sufficiently particularised, would\nconstitute or have constituted an offence against this part\nor a historical offence at the time the act occurred; but\n(b) does not include an act referred to in—\n(i) section 55 (3) (Sexual intercourse with young person) if the\nperson who committed the act establishes the matters\nreferred to in section 55 (5) that would be a defence if the\nperson had been charged with an offence against\nsection 55 (3); or\n(ii) section 61 (3) (Act of indecency with young people) if the\nperson who committed the act establishes the matters\nreferred to in section 61 (5) that would be a defence if the\nperson had been charged with an offence against\nsection 61 (3).\nspecial care—see section 55A (2).\nyoung person means a person who is at least 16 years old, but not yet\nan adult.\n\n","sortOrder":71},{"sectionNumber":"57","sectionType":"section","heading":"Act of indecency in the first degree","content":"57 Act of indecency in the first degree\n(1) A person who inflicts grievous bodily harm on another person with\nintent to commit an act of indecency on, or in the presence of, that\nother person, or a third person who is present or nearby, is guilty of\nan offence punishable, on conviction, by imprisonment for 15 years.\nmaximum penalty is imprisonment for 19 years.\n","sortOrder":72},{"sectionNumber":"58","sectionType":"section","heading":"Act of indecency in the second degree","content":"58 Act of indecency in the second degree\n(1) A person who inflicts actual bodily harm on another person with\nintent to commit an act of indecency on, or in the presence of, that\nother person, or a third person who is present or nearby, is guilty of\nan offence punishable, on conviction, by imprisonment for 12 years.\n","sortOrder":73},{"sectionNumber":"59","sectionType":"section","heading":"Act of indecency in the third degree","content":"59 Act of indecency in the third degree\n(1) A person who unlawfully assaults, or threatens to inflict grievous or\nactual bodily harm on, another person with intent to commit an act of\nindecency on, or in the presence of, that other person, or a third person\nwho is present or nearby, is guilty of an offence punishable, on\nconviction, by imprisonment for 10 years.\n\n","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Act of indecency without consent","content":"60 Act of indecency without consent\n(1) A person who commits an act of indecency on, or in the presence of,\nanother person without the consent of that person and who is reckless\nas to whether that other person consents to the committing of the act\nof indecency is guilty of an offence punishable, on conviction, by\nimprisonment for 7 years.\nmaximum penalty is imprisonment for 9 years.\n(3) A person who, acting in company with any other person, commits an\nact of indecency on, or in the presence of, another person without the\nconsent of that other person and who is reckless as to whether that\nother person consents to the committing of the act of indecency is\n9 years.\nmaximum penalty is imprisonment for 11 years.\n(5) For this section, proof of knowledge or recklessness is sufficient to\nestablish the element of recklessness.\n\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Acts of indecency with young people","content":"61 Acts of indecency with young people\n(1) A person who commits an act of indecency on, or in the presence of,\nanother person who is under the age of 10 years is guilty of an offence\npunishable, on conviction, by imprisonment for 12 years.\n(3) A person who commits an act of indecency on, or in the presence of,\nanother person who is under the age of 16 years is guilty of an offence\npunishable, on conviction, by imprisonment for 10 years.\n(5) It is a defence to a prosecution for an offence against subsection (3)\nif the defendant establishes that—\n(a) he or she believed on reasonable grounds that the person on\nwhom the offence is alleged to have been committed was of or\nabove the age of 16 years; or\n(b) at the time of the alleged offence—\n(i) the person on whom the offence is alleged to have been\ncommitted was of or above the age of 10 years; and\n(ii) the defendant was not more than 2 years older;\nand that that person consented to the committing of the act of\nindecency.\n\n","sortOrder":76},{"sectionNumber":"61A","sectionType":"section","heading":"Act of indecency with young person under special care","content":"61A Act of indecency with young person under special care\n(a) the person commits an act of indecency on, or in the presence\nof, a young person; and\n(b) the young person is under the person’s special care.\nMaximum penalty: imprisonment for 7 years.\n(2) Subsection (1) does not apply to a person if the person—\n(a) was married to the young person at the time of the alleged\n(b) is not more than 2 years older than the young person.\nmentioned in s (2) (see Criminal Code, s 58).\nif the defendant proves that the defendant believed on reasonable\ngrounds that the young person was at least 18 years old.\nspecial care—see section 55A (2).\nyoung person—see section 55A (5).\n\n","sortOrder":77},{"sectionNumber":"61B","sectionType":"section","heading":"Intimate observations or capturing visual data etc","content":"61B Intimate observations or capturing visual data etc\n(1) A person (the offender) commits an offence if—\n(a) the offender—\n(i) observes another person with the aid of a device; or\n(ii) captures visual data of another person; and\n(b) a reasonable person would, in all the circumstances, consider the\nobserving or capturing of visual data to be—\n(i) an invasion of privacy; and\n(ii) indecent.\n(a) for an aggravated offence—250 penalty units, imprisonment for\n(b) in any other case—200 penalty units, imprisonment for 2 years\n(2) Strict liability applies to subsection (1) (b) (i).\n(3) Absolute liability applies to subsection (1) (b) (ii).\n(4) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that the defendant—\n(a) believed on reasonable grounds that the other person consented\nto the defendant observing or capturing visual data of the other\n(b) did not know, and could not reasonably be expected to have\nknown, that the observing or capturing of visual data of the other\nperson was without consent.\n\n(5) A person (the offender) commits an offence if—\n(a) the offender observes with the aid of a device or captures visual\ndata of—\n(i) another person’s genital or anal region; or\n(ii) for a female or a transgender or intersex person who\nidentifies as a female—the breasts; and\nusing a mobile phone to take photos of a woman’s underwear under her skirt\nor down the front of her blouse\n(b) a reasonable person would, in all the circumstances, consider the\nobserving or capturing of visual data to be an invasion of\nprivacy.\n(a) for an aggravated offence—250 penalty units, imprisonment for\n(b) in any other case—200 penalty units, imprisonment for 2 years\n(6) Strict liability applies to subsection (5) (b).\n(7) It is a defence to a prosecution for an offence against subsection (5)\nif the defendant proves that the defendant—\n(a) believed on reasonable grounds that the other person consented\nto the defendant observing or capturing visual data of the other\nperson’s genital or anal region or breasts; or\n\n(b) did not know, and could not reasonably be expected to have\nknown, that the observing or capturing of visual data of the other\nperson’s genital or anal region or breasts was without consent.\ns (7) (see Criminal Code, s 59).\n(8) Subsections (1) and (5) do not apply to—\n(a) an observation made by viewing data that was previously\ncaptured; or\n(b) an observation or capturing of visual data—\n(i) by a law enforcement officer acting reasonably in the\nperformance of the officer’s duty; or\n(ii) by a licensed security provider acting reasonably in\ncarrying on a security activity authorised under the security\nprovider’s licence; or\n(iii) of a child or other person incapable of giving consent in\ncircumstances in which a reasonable person would regard\nthe observing or capturing of visual data as acceptable; or\ntaking a photograph or movie of a naked newborn relative\n(iv) for a scientific, medical or educational purpose; or\na patient consents to her doctor taking an image of a mole on her breast\nfor the purpose of showing another doctor for a second opinion about\nthe mole\n(v) by a person in the course of reasonably protecting premises\nowned by the person; or\n(vi) in circumstances or for a purpose prescribed by regulation.\n(9) Nothing in subsection (8) prevents a person being found guilty of an\noffence under or because of the Criminal Code, part 2.4 (Extensions\nof criminal responsibility).\n\n(10) In this section:\nbreasts, of a female or a transgender or intersex person who identifies\nas a female, means the person’s breasts whether covered by\nunderwear or bare.\ncapture visual data—a person captures visual data of another person\nif the person captures moving or still images of the other person by a\ncamera or any other means in such a way that—\n(a) a recording is made of the images; or\n(b) the images are capable of being transmitted in real time with or\nwithout retention or storage in a physical or electronic form; or\n(c) the images are otherwise capable of being distributed.\ndevice does not include spectacles, contact lenses or a similar device\nwhen used by someone with impaired sight to overcome the\nimpairment.\ngenital or anal region, of a person, means the person’s genital or anal\nregion whether covered by underwear or bare.\nlaw enforcement officer means—\n(b) a member of the staff of the Australian Crime Commission\nestablished by the Australian Crime Commission Act 2002\n(Cwlth).\nlicensed security provider means a person who holds a licence under\nthe Security Industry Act 2003.\nsecurity activity—see the Security Industry Act 2003, section 7.\n\n","sortOrder":78},{"sectionNumber":"62","sectionType":"section","heading":"Incest and similar offences","content":"62 Incest and similar offences\n(1) A person who engages in sexual intercourse with another person,\nbeing a person who is under the age of 10 years and who is, to the\nknowledge of the firstmentioned person, his or her lineal descendant,\nsister, half-sister, brother, half-brother or stepchild, is guilty of an\noffence punishable, on conviction, by imprisonment for 20 years.\n(2) A person who engages in sexual intercourse with another person,\nbeing a person who is under the age of 16 years and who is, to the\nknowledge of the firstmentioned person, his or her lineal descendant,\nsister, half-sister, brother, half-brother or stepchild, is guilty of an\noffence punishable, on conviction, by imprisonment for 15 years.\n(3) A person who engages in sexual intercourse with another person,\nbeing a person who is of or above the age of 16 years and who is, to\nthe knowledge of the firstmentioned person, his or her lineal ancestor,\nlineal descendant, sister, half-sister, brother or half-brother, is guilty\n(4) A person shall not be convicted of an offence against subsection (2)\nor (3) if there is evidence that he or she engaged in the act alleged to\nconstitute the offence under the coercion of the person with whom the\noffence is alleged to have been committed unless the evidence is\nrebutted by the prosecution.\n(5) A person charged with an offence against this section shall, unless\nthere is evidence to the contrary, be presumed to have known at the\ntime of the alleged offence that he or she and the person with whom\nthe offence is alleged to have been committed were related in the way\ncharged.\nstepchild, in relation to a person, means a person in relation to whom\nthe firstmentioned person stands in place of a parent.\n\n","sortOrder":79},{"sectionNumber":"63","sectionType":"section","heading":"Abduction","content":"63 Abduction\n(1) A person who abducts another person by force or by any other means\nor who unlawfully detains another person with the intent that the other\nperson should engage in sexual intercourse with the firstmentioned\nperson or with a third person (whether within the ACT or otherwise)\nfor 10 years.\n","sortOrder":80},{"sectionNumber":"63A","sectionType":"section","heading":"Bestiality","content":"63A Bestiality\nA person commits an offence if the person engages in a sexual activity\nof any kind with an animal.\n","sortOrder":81},{"sectionNumber":"64","sectionType":"section","heading":"Using child for production of child exploitation material","content":"64 Using child for production of child exploitation material\netc\n(a) the person uses, offers or procures a child—\n(i) for the production of child exploitation material; or\n(ii) for a pornographic performance; and\n\n(b) the child is under 12 years old.\n(a) for an aggravated offence—1 900 penalty units, imprisonment\nfor 19 years or both; or\n(b) in any other case—1 500 penalty units, imprisonment for\n15 years or both.\n(2) Absolute liability applies to subsection (1) (b).\n(a) the person uses, offers or procures a child—\n(i) for the production of child exploitation material; or\n(ii) for a pornographic performance; and\n(b) the child is 12 years old or older.\n(a) for an aggravated offence—1 300 penalty units, imprisonment\nfor 13 years or both; or\n(b) in any other case—1 000 penalty units, imprisonment for\n10 years or both.\n(4) Strict liability applies to subsection (3) (b).\nchild exploitation material means anything that represents—\n(a) the sexual parts of a child; or\n(b) a child engaged in an activity of a sexual nature; or\n\n(c) someone else engaged in an activity of a sexual nature in the\npresence of a child;\nsubstantially for the sexual arousal or sexual gratification of someone\nother than the child.\npornographic performance means—\n(a) a performance by a child engaged in an activity of a sexual\nnature; or\n(b) a performance by someone else engaged in an activity of a\nsexual nature in the presence of a child;\nsubstantially for the sexual arousal or sexual gratification of someone\nother than the child.\nExamples of activity of a sexual nature\n1 sexual intercourse or other explicit sexual activity (whether real or simulated)\n2 a striptease\nrepresent means depict or otherwise represent on or in a film,\nphotograph, drawing, audiotape, videotape, computer game, the\ninternet or anything else.\n","sortOrder":82},{"sectionNumber":"64A","sectionType":"section","heading":"Trading in child exploitation material","content":"64A Trading in child exploitation material\n(1) A person commits an offence if the person produces, publishes, offers\nor sells child exploitation material.\n(a) for an aggravated offence—1 500 penalty units, imprisonment\nfor 15 years or both; or\n(b) in any other case—1 200 penalty units, imprisonment for\n12 years or both.\n\nchild exploitation material—see section 64 (5).\n","sortOrder":83},{"sectionNumber":"65","sectionType":"section","heading":"Possessing child exploitation material","content":"65 Possessing child exploitation material\n(a) the person intentionally possesses pornography; and\n(b) the pornography is child exploitation material.\n(a) for an aggravated offence—900 penalty units, imprisonment for\n9 years or both; or\n(b) in any other case—700 penalty units, imprisonment for 7 years\n(2) Absolute liability applies to subsection (1) (b).\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant had no reasonable grounds\nfor suspecting that the pornography concerned was child exploitation\nmaterial.\nchild exploitation material—see section 64 (5).\n\n","sortOrder":84},{"sectionNumber":"66","sectionType":"section","heading":"Grooming and depraving young people","content":"66 Grooming and depraving young people\n(1) A person must not, without reasonable excuse—\n(a) in person or by any other means, encourage a young person to\ncommit or take part in, or watch someone else committing or\ntaking part in, an act of a sexual nature; or\nshowing a young person indecent material online or on a mobile phone\n(b) engage in conduct with a young person with the intention of\nmaking it more likely that the young person would commit or\ntake part in, or watch someone else committing or taking part in,\nan act of a sexual nature; or\n(c) engage in conduct with a person who has a relationship with a\nyoung person with the intention of making it more likely that the\nyoung person would commit or take part in, or watch someone\nelse committing or taking part in, an act of a sexual nature.\n(a) for a 1st offence against a person under 10 years—\n(i) for an aggravated offence—imprisonment for 11 years; or\n(ii) in any other case—imprisonment for 9 years; or\n(b) for a 1st offence against a young person 10 years or older—\n(i) for an aggravated offence—imprisonment for 9 years; or\n(ii) in any other case—imprisonment for 7 years; or\n(c) for a 2nd or subsequent offence against a person under\n10 years—\n(i) for an aggravated offence—imprisonment for 15 years; or\n(ii) in any other case—imprisonment for 12 years; or\n\n(d) for a 2nd or subsequent offence against a young person 10 years\nor older—\n(i) for an aggravated offence—imprisonment for 13 years; or\n(ii) in any other case—imprisonment for 10 years.\n(2) The Criminal Code, chapter 2 (other than the immediately applied\nprovisions) does not apply to an offence against subsection (1).\nNote The Criminal Code does not apply to offences against this section that\nwere offences in force before 1 January 2003 unless the offence is omitted\nand remade (see Criminal Code, s 8).\n(3) A person must not send or make available pornographic material to a\nyoung person.\n(a) for an aggravated offence—900 penalty units, imprisonment for\n9 years or both; or\n(b) in any other case—700 penalty units, imprisonment for 7 years\n(4) It is a defence to a prosecution for an offence against subsection (3)\nif the defendant—\n(a) is an Internet service provider; and\n(b) had no knowledge that the defendant’s facilities were used to\ncommit the offence.\n(5) It is not a defence to a prosecution for an offence against this section\nthat the young person had consented to some or all of the defendant’s\nconduct or actions.\n(6) However, it is a defence to a prosecution for an offence against this\nsection if the defendant proves that the defendant believed on\nreasonable grounds that the young person was at least 16 years old.\n\nact of a sexual nature means sexual intercourse or an act of\nindecency.\nclassified—see the Classification (Publications, Films and Computer\nGames) (Enforcement) Act 1995, dictionary.\npornographic material means—\n(a) material of a sexual nature that has been, or is likely to be,\nclassified R 18+, RC, category 1 restricted or category 2\nrestricted; or\n(b) material that has been, or is likely to be, classified X 18+.\nyoung person means a person under 16 years old.\n66AA Failure to report child sexual offence\n(a) is an adult; and\n(b) obtains information that leads to the person reasonably believing\nthat a sexual offence has been committed against a child; and\n(c) does not, as soon as practicable after forming the belief, give the\ninformation to a police officer.\n(2) Subsection (1) does not apply if—\n(i) obtains the information when the alleged victim was no\nlonger a child; and\n(ii) reasonably believes the alleged victim does not want a\npolice officer to be told about the person’s belief; or\n\n(b) the person reasonably believes that giving the information to a\npolice officer would endanger the safety of a person (other than\na person reasonably believed to have committed the sexual\noffence); or\n(c) the person reasonably believes a police officer already has the\ninformation; or\n(i) is a mandated reporter under the Children and Young\nPeople Act 2008, section 356 (3); and\n(ii) has reported the information under that Act, division 11.1.2\n(Reporting abuse and neglect of children and young\npeople) or reasonably believes someone else has done so;\nor\n(e) subject to subsection (3), giving the information to a police\nofficer would disclose information in relation to which privilege\nmay be claimed under a law in force in the Territory; or\n(f) the information is generally available in the public domain; or\n(g) the person has another reasonable excuse.\n(3) A person who is or was a member of the clergy of a church or\nreligious denomination is not entitled to refuse to give information\nunder subsection (1) because the information was communicated to\nthe member during a religious confession.\n(4) The Criminal Code, chapter 2 (other than the applied provisions) does\n(5) If a person gives information mentioned in subsection (1) to a police\nofficer honestly and without recklessness—\n(a) giving the information is not a breach of—\n(i) confidence; or\n(ii) professional etiquette or ethics; or\n\n(iii) a rule of professional conduct; and\n(b) the person does not incur civil or criminal liability only because\nof giving the information.\n(6) Subsection (5) does not apply if giving the information would be a\nbreach of client legal privilege.\n(7) This section applies to information obtained on or after the\ncommencement of this section, including information about a sexual\noffence that occurred before the commencement of this section.\nreligious confession means a confession made by a person to a\nmember of the clergy in the member’s professional capacity\naccording to the ritual of the member’s church or religious\ndenomination.\nsexual offence means—\n(a) an offence against—\n(i) this part; or\n(ii) any other provision prescribed by regulation; or\n(b) an offence against a sexual offence provision of this Act\npreviously in force.\n66AB Making false report about child sexual offence\n(a) the person gives information to a police officer about an alleged\nsexual offence against a child; and\n(b) the information is false or misleading in a material particular;\nand\n\n(c) the person knows that the information—\n(i) is false or misleading in a material particular; or\n(ii) omits something, without which, the information is false or\nmisleading in a material particular.\n(a) for an aggravated offence—125 penalty units, imprisonment for\n16 months or both; or\n(b) in any other case—100 penalty units, imprisonment for\n12 months or both.\nsexual offence—see section 66AA (8).\n","sortOrder":85},{"sectionNumber":"66A","sectionType":"section","heading":"Failure by person in authority to protect child or young","content":"66A Failure by person in authority to protect child or young\nperson from sexual offence\n(a) the person is a person in authority in a relevant institution\n(the first person); and\n(b) there is a substantial risk that a sexual offence will be\ncommitted—\n(i) against a child in the institution’s care, supervision or\ncontrol by a person associated with the institution; or\n(ii) against a young person in the institution’s care, supervision\nor control by another person in authority in the institution;\nand\n(c) the first person is aware that the risk exists; and\n\n(d) the first person can, because of the position the person occupies\nin the institution, reduce or remove the risk; and\n(e) the first person intentionally or negligently fails to reduce or\nremove the risk.\n(a) it does not matter that an act or omission constituting the sexual\noffence happens, or is at risk of happening, outside the ACT if—\n(i) the child or young person was in the ACT at any time the\nfirst person was aware that the risk mentioned in\nsubsection (1) (b) existed; or\n(ii) the person mentioned in subsection (1) (b) (i) or (ii) was a\nperson associated with, or in authority in, a relevant\ninstitution in the ACT at any time the first person was\naware that the risk existed; and\n(b) for subsection (1) (c), it does not matter that the first person is\naware of the risk mentioned in subsection (1) (b) because of\ninformation communicated to the person during a religious\nconfession; and\n(c) it is not necessary to prove that a sexual offence has been\ncommitted.\n(3) For subsection (1) (e), the first person negligently fails to reduce or\nremove a risk if that failure involves a great falling short of the\nstandard of care that a reasonable person would exercise in the\ncircumstances.\n(4) The Criminal Code, chapter 2 (other than the applied provisions) does\n\nassociated—a person is associated with a relevant institution if the\nperson is an adult who—\n(d) engages in a regulated activity with or for the institution.\nchild means a person who is under 16 years old.\nrelevant institution means—\n(a) an entity, other than an individual, that operates facilities for,\nengages in activities with, or provides services to, children under\nthe entity’s care, supervision or control; or\n(b) a group of entities mentioned in paragraph (a) if the entities—\n(i) interact with each other, share similar characteristics and\ncollectively have a sense of unity; or\n(ii) are controlled, managed or governed by another entity.\nExamples—par (a)\nschools, religious organisations, hospitals, education and care services, childcare\ncentres, out-of-home carers, sports clubs, youth organisations\na group of schools controlled by a religious organisation, a group of youth centres\noperated by a company, a group of churches sharing the same religious philosophy\nreligious confession—see section 66AA (8).\nsexual offence means—\n(a) an offence against—\n(i) part 3 (Sexual offences); or\n(ii) any other provision prescribed by regulation; or\n\n(b) an offence committed in another jurisdiction that would be an\noffence under paragraph (a) if committed in the ACT.\nyoung person means a person who is 16 years old or older, but not\nyet an adult.\n","sortOrder":86},{"sectionNumber":"66B","sectionType":"section","heading":"Course of conduct charge—child sexual offences","content":"66B Course of conduct charge—child sexual offences\n(1) More than 1 incident of the commission of the same child sexual\noffence may be included in a single charge if, and only if—\n(a) each incident constitutes an offence against the same provision;\nand\n(b) each incident relates to the same complainant; and\n(c) the incidents take place on more than 1 occasion over a stated\nperiod; and\n(d) the incidents, taken together, amount to a course of conduct\nhaving regard to—\n(i) the time at which the incident happened; or\n(ii) the place at which the incident happened; or\n(iii) the purpose for which the incident was committed; or\n(iv) any other relevant matter.\n(2) For subsection (1), more than 1 type of act on different occasions may\nbe alleged.\npenetrative sexual intercourse on 1 occasion and oral sexual intercourse on another\noccasion\n(3) To remove any doubt—\n(a) subsection (1) does not establish a new offence; and\n(b) a charge under subsection (1) is a charge of a single offence.\n\n(4) A charge for a child sexual offence under this section must contain\nparticulars that are necessary to give reasonable information about the\nvarious incidents of the offence that are alleged to amount to a course\nof conduct over a stated period.\n(5) However—\n(a) the charge need not include particulars of any specific incident\nof the offence, including the date, time, place, circumstances or\noccasion of the incident; and\n(b) the particulars do not need to distinguish any specific incident\nof the offence from any other.\n(6) The prosecution must prove beyond reasonable doubt that the\nincidents of an offence committed by the accused, taken together,\namount to a course of conduct having regard to—\n(a) the time at which the incident happened; or\n(b) the place at which the incident happened; or\n(c) the purpose for which the incident was committed; or\n(d) any other relevant matter.\n(7) For subsection (6), it is not necessary to prove an incident with the\nsame degree of specificity as to date, time, place, circumstance or\noccasion as would be required if the person were charged with the\nchild sexual offence constituted only by that incident.\n(8) Without limiting subsection (7), it is not necessary to prove—\n(a) any particular number of incidents of the offence or the dates,\ntimes, places, circumstances or occasions of the incidents; or\n(b) that there were distinctive features differentiating any of the\nincidents; or\n(c) the general circumstances of any particular incident.\n\n(9) To remove any doubt, a person charged under this section may rely\non any exception, exemption, proviso, excuse or qualification that\napplies to the offence with which the person is charged.\n(10) A proceeding for a charge for a child sexual offence under this section\nmust not be started without the consent of the director of public\nprosecutions.\n(11) However, a person may be arrested for, charged with, or remanded in\ncustody or granted bail for, a child sexual offence before the consent\nhas been given.\nchild sexual offence means—\n(a) an offence against a child under this part; or\n(b) an offence against a child under a sexual offence provision of\nthis Act previously in force.\n","sortOrder":87},{"sectionNumber":"67","sectionType":"section","heading":"When a person does not consent to an act","content":"67 When a person does not consent to an act\n(1) For a sexual offence consent provision, and without limiting the\ngrounds on which it may be established that a person does not consent\nto an act mentioned in the provision, a person does not consent to an\nact mentioned in the provision if the person—\n(a) says or does something to communicate withdrawing agreement\nto the act either before or during the act; or\n(b) participates in the act because of the infliction of violence or\nforce on the person, or another person, an animal or property; or\n(c) participates in the act because of a threat to inflict violence or\nforce on the person, or another person, an animal or property; or\n(d) participates in the act because of extortion, coercion, blackmail,\nintimidation or a fear of public humiliation or disgrace of the\nperson or another person; or\n\n(e) participates in the act because of a threat to mentally or\nphysically harass the person or another person; or\n(f) participates in the act because of force or fear; or\n(g) is incapable of agreeing to the act because of intoxication; or\n(h) is mistaken about the identity of the other person; or\n(i) participates in the act because of fraudulent misrepresentation of\nany fact made by someone else; or\n(j) participates in the act because of an intentional\nmisrepresentation by another person about the use of a condom;\nor\n(k) participates in the act as a result of an abuse of—\n(i) a relationship of authority, trust or dependence; or\n(ii) a professional relationship; or\n(l) does not have the capacity to agree to the act; or\n(m) is unconscious; or\n(n) is asleep; or\n(o) is unlawfully detained or knows that another person is\nunlawfully detained.\n(2) A person also does not consent to an act with another person\n(the accused person) only because the person—\n(a) does not say or do something to resist the act; or\n(b) consented to—\n(i) another act with the accused person; or\n(ii) the same act with the accused person at a different time or\nplace; or\n\n(iii) the same act with a person other than the accused person;\nor\n(iv) a different act with a person other than the accused person.\n(3) If it is established that an accused person who knows, or is reckless\nabout whether, the consent of another person to an act mentioned in\na sexual offence consent provision has been caused by any of the\ncircumstances set out in subsection (1) (a) to (o), the accused person\nis taken to know that the other person does not consent to the act.\n(4) An accused person is taken to know that another person does not\nconsent to an act mentioned in a sexual offence consent provision if\nany belief that the accused person has, or may have, that the other\nperson consents to the act is not reasonable in the circumstances.\n(5) For subsection (4), without limiting the grounds on which it may be\nestablished that an accused person’s belief is not reasonable in the\ncircumstances, the accused person’s belief is taken not to be\nreasonable in the circumstances if the accused person did not say or\ndo anything to ascertain whether the other person consented.\nintoxication—see the Criminal Code, section 30 (1).\nsexual offence consent provision means any of the following:\n(a) section 54;\n(b) section 55 (5) (b);\n(c) section 60;\n(d) section 61 (5) (b).\n\n","sortOrder":88},{"sectionNumber":"67A","sectionType":"section","heading":"Words, actions and self-induced intoxication of accused","content":"67A Words, actions and self-induced intoxication of accused\n(1) This section applies to a proceeding for an offence against a sexual\noffence consent provision.\n(2) In deciding a person’s (the accused person) knowledge or belief, or\nrecklessness, about whether another person consented to an act\nmentioned in the provision, the trier of fact—\n(a) must consider all the circumstances of the case, including\nanything the accused person said or did; but\n(b) must not consider the accused person’s self-induced\nintoxication.\nintoxication—see the Criminal Code, section 30 (1).\nself-induced—see the Criminal Code, section 30 (2) and (3).\nsexual offence consent provision—see section 67 (6).\n","sortOrder":89},{"sectionNumber":"68","sectionType":"section","heading":"Sexual intercourse—people not to be presumed","content":"68 Sexual intercourse—people not to be presumed\nincapable by reason of age\n(1) For this part, a person shall not, by reason only of his or her age, be\npresumed to be incapable of engaging in sexual intercourse with\n(2) Subsection (1) shall not be construed so as to affect the operation of\nany law relating to the age when a child can be found guilty of an\n(3) This section applies whether the offence or alleged offence was\ncommitted before or after the commencement of this section.\n\n","sortOrder":90},{"sectionNumber":"69","sectionType":"section","heading":"Marriage no bar to conviction","content":"69 Marriage no bar to conviction\nThe fact that a person is married to a person on whom an offence\nagainst section 54 is alleged to have been committed shall be no bar\nto the conviction of the firstmentioned person for the offence.\n","sortOrder":91},{"sectionNumber":"70","sectionType":"section","heading":"Alternative verdicts for certain sexual offences","content":"70 Alternative verdicts for certain sexual offences\n(1) If, on the trial of a person for an offence against section 51 (1) or (3)\nor 57, the jury is satisfied that the accused inflicted actual bodily harm\nwith the intent charged but is not satisfied that the harm was grievous\nbodily harm, it may find the accused not guilty of the offence charged\nbut guilty of an offence against section 52 (1) or (3) or 58, as the case\nrequires.\n(2) If, on the trial of a person for an offence against section 51 (3), 52 (3),\n53 (3), 54 (3) or 60 (3), the jury is not satisfied that the accused is\nguilty of that offence but is satisfied that the accused is guilty of an\noffence against section 51 (1), 52 (1), 53 (1), 54 (1) or 60 (1), it may\nfind the accused not guilty of the offence charged but guilty of an\noffence against section 51 (1), 52 (1), 53 (1), 54 (1) or 60 (1), as the\ncase requires.\n(3) If, on the trial of a person for an offence against section 51 (1) or (3)\nor 57, the jury is satisfied that the accused inflicted grievous bodily\nharm but is not satisfied that he or she did so with the intent charged,\nit may find the accused not guilty of the offence charged but guilty of\nan offence against section 19, 20 or 25.\n(4) If, on the trial of a person for an offence against section 52 (1) or (3)\nor 58, the jury is satisfied that the accused inflicted actual bodily harm\nbut is not satisfied that he or she did so with the intent charged, it may\nfind the accused not guilty of the offence charged but guilty of an\noffence against section 24.\n\n(5) If, on the trial of a person for an offence against section 55 (1), 61 (1)\nor 62 (1), the jury—\n(a) is not satisfied that the person in relation to whom the offence is\nalleged to have been committed was under 10 years of age when\nthe offence is alleged to have been committed; but\n(b) is satisfied that the accused is guilty of an offence against\nsection 55 (3), 61 (3) or 62 (2), respectively;\nthe jury may find the accused not guilty of the offence charged but\nguilty of an offence against section 55 (3), 61 (3) or 62 (2),\nrespectively.\n(6) If, on the trial of a person for an offence against section 55A (1), the\njury is not satisfied that the accused is guilty of the offence but is\nsatisfied that the accused is guilty of an offence against\nsection 61A (1), the jury may find the accused not guilty of the\noffence charged but guilty of an offence against section 61A (1).\n","sortOrder":92},{"sectionNumber":"71","sectionType":"section","heading":"Adding count for act of indecency","content":"71 Adding count for act of indecency\nIn an indictment for an offence against section 54 a count may be\nadded for an offence against section 60.\n","sortOrder":93},{"sectionNumber":"72","sectionType":"section","heading":"Indictment for act of indecency","content":"72 Indictment for act of indecency\nIn an indictment for an offence against section 60, 61 or 61A it shall\nnot be necessary to describe the act constituting the act of indecency\nwith which the accused is charged.\n72AA Aggravated offences—pt 3 offences involving family\n(a) section 51 (Sexual assault in the first degree);\n(b) section 52 (Sexual assault in the second degree);\n\n(c) section 53 (Sexual assault in the third degree);\n(d) section 54 (Sexual intercourse without consent);\n(e) section 55 (Sexual intercourse with young person);\n(f) section 57 (Act of indecency in the first degree);\n(g) section 58 (Act of indecency in the second degree);\n(h) section 59 (Act of indecency in the third degree);\n(i) section 60 (Act of indecency without consent);\n(j) section 61 (Acts of indecency with young people);\n(k) section 61B (Intimate observations or capturing visual data etc);\n(l) section 63 (Abduction);\n(m) section 64 (Using child for production of child exploitation\nmaterial etc);\n(n) section 64A (Trading in child exploitation material);\n(o) section 65 (Possessing child exploitation material);\n(p) section 66 (Grooming and depraving young people);\n(q) section 66AB (Making false report about child sexual offence).\n(4) To remove any doubt—\n\ndoes not apply to an offence mentioned in subsection (1),\nwhether or not it is an aggravated offence, unless the chapter\napplied to the offence before the commencement of this section.\nNote The Criminal Code does not apply to offences against this part that\nwere offences in force before 1 January 2003 unless the offence is\nomitted and remade (see Criminal Code, s 8).\n(b) s 72EA (Aggravated offences—pt 3A offences involving family\n72AB Alternative verdicts for aggravated offences—offences\nmentioned in column 2 of an item in table 72AB, the trier of fact—\nin relation to that finding of guilt.\n\nTable 72AB\nitem\n1 section 51 (Sexual\nassault in the first\n• section 19 (Intentionally inflicting grievous bodily\n• section 51, simple offence\n• section 52 (Sexual assault in the second degree),\n• section 52, simple offence\n• section 53 (Sexual assault in the third degree),\n2 section 52 (Sexual\nassault in the second\n• section 52, simple offence\n• section 53 (Sexual assault in the third degree),\n\nitem\n3 section 53 (Sexual\nassault in the third\n4 section 54 (Sexual\nintercourse without\nconsent), aggravated\n5 section 55 (Sexual\nintercourse with young\nperson), aggravated\n• section 55, simple offence\n6 section 57 (Act of\nindecency in the first\n• section 19 (Intentionally inflicting grievous bodily\n• section 57, simple offence\n• section 58 (Act of indecency in the second\ndegree), aggravated offence\n• section 58, simple offence\n7 section 58 (Act of\nindecency in the second\n• section 58, simple offence\n8 section 59 (Act of\nindecency in the third\n• section 59, simple offence\n\nitem\n9 section 60 (Act of\nindecency without\nconsent), aggravated\n• section 60, simple offence\n10 section 61 (Acts of\nindecency with young\npeople), aggravated\n• section 61, simple offence\n11 section 61B (1) (Intimate\nobservations or capturing\nvisual data etc),\n• section 61B (1), simple offence\n12 section 61B (5) (Intimate\nobservations or capturing\nvisual data etc),\n• section 61B (5), simple offence\n13 section 63 (Abduction),\n• section 63, simple offence\n14 section 64 (Using child\nfor production of child\nexploitation material\netc), aggravated offence\n• section 64, simple offence\n15 section 64A (Trading in\nchild exploitation\nmaterial), aggravated\n• section 64A, simple offence\n16 section 65 (Possessing\nchild exploitation\nmaterial), aggravated\n• section 65, simple offence\n17 section 66 (Grooming\nand depraving young\npeople), aggravated\n• section 66, simple offence\n\nitem\n18 section 66AB (Making\nfalse report about child\nsexual offence),\n• section 66AB, simple offence\n\n","sortOrder":94},{"sectionNumber":"72A","sectionType":"section","heading":"Definitions—pt 3A","content":"72A Definitions—pt 3A\naggravated offence, for an offence involving family violence—see\nsection 72EA (2).\nbreasts, of a female or a transgender or intersex person who identifies\nas a female, means the person’s breasts whether covered by\nunderwear or bare.\nengaged in a private act means—\n(a) in a state of undress; or\n(b) using the toilet, showering or bathing; or\n(c) engaged in an act of a sexual nature of a kind not ordinarily done\nin public.\ngenital or anal region, of a person, means the person’s genital or anal\nregion whether covered by underwear or bare.\nintimate image, of a person—\n(a) means a still or moving image, in any form—\n(i) of the person’s genital or anal region; or\n(ii) for a female or a transgender or intersex person who\nidentifies as a female—of the person’s breasts; or\n(iii) of the person engaged in a private act; or\n(iv) that depicts the person in a sexual manner or context; and\n(b) includes an image, in any form, that has been altered to appear\nto show any of the things mentioned in paragraph (a).\n\n","sortOrder":95},{"sectionNumber":"72B","sectionType":"section","heading":"Meaning of distribute—pt 3A","content":"72B Meaning of distribute—pt 3A\ndistribute—\n(a) includes any of the following conduct, whether done in person,\nelectronically, digitally or in any other way:\n(i) send, supply, show, exhibit, transmit or communicate to\nanother person;\n(ii) make available for viewing or access by another person,\nwhether in person or by electronic, digital or any other\nmeans; but\n(b) does not include conduct mentioned in paragraph (a) done by a\nperson solely in the person’s capacity as an internet service\nprovider, internet content host or a carriage service provider.\n(2) A person is taken to have distributed an image whether or not another\nperson views or accesses the image.\n","sortOrder":96},{"sectionNumber":"72C","sectionType":"section","heading":"Non-consensual distribution of intimate images","content":"72C Non-consensual distribution of intimate images\nA person (the offender) commits an offence if—\n(a) the offender distributes an intimate image of another person; and\n(b) the offender—\n(i) knows the other person does not consent to the distribution;\nor\n(ii) is reckless about whether the other person consents to the\ndistribution.\n(a) for an aggravated offence—400 penalty units, imprisonment for\n4 years or both; or\n\n(b) in any other case—300 penalty units, imprisonment for 3 years\n","sortOrder":97},{"sectionNumber":"72D","sectionType":"section","heading":"Distribution of intimate image of young person","content":"72D Distribution of intimate image of young person\n(a) the person distributes an intimate image of another person; and\n(b) the other person is under 16 years old.\n(a) for an aggravated offence—600 penalty units, imprisonment for\n6 years or both; or\n(b) in any other case—500 penalty units, imprisonment for 5 years\n(2) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that—\n(a) at the time of the offence—\n(i) the defendant believed on reasonable grounds that the\nperson against whom the offence is alleged to have been\ncommitted was at least 16 years old; or\n(ii) the person against whom the offence is alleged to have\nbeen committed was—\n(A) at least 10 years old; and\n(B) not more than 2 years younger than the defendant; and\n\n(b) the person against whom the offence is alleged to have been\ncommitted consented to the distribution of the intimate image.\nthis section (see Criminal Code, s 59).\n","sortOrder":98},{"sectionNumber":"72E","sectionType":"section","heading":"Threaten to capture or distribute intimate images","content":"72E Threaten to capture or distribute intimate images\n(a) the person threatens to capture or distribute an intimate image of\nanother person; and\n(b) the person—\n(i) intends the other person to fear that the threat would be\n(ii) is reckless about whether the other person would fear that\nthe threat would be carried out.\n(a) for an aggravated offence—400 penalty units, imprisonment for\n4 years or both; or\n(b) in any other case—300 penalty units, imprisonment for 3 years\n(a) a threat may be made by any conduct whether explicit, implicit,\nconditional, or unconditional; and\n(b) it is not necessary to prove that the other person actually feared\n\n(c) a person may be found guilty even if carrying out the threat is\nimpossible.\nExamples—par (c)\n• the image does not exist\n• technical limitations prevent the person from capturing or distributing\nthe image\ncapture intimate image—a person captures an intimate image of\nanother person if the person captures an image of the other person,\nwith a camera or by any other means, in such a way that—\n(a) a recording is made of the image; or\n(b) the image is capable of being transmitted in real time, with or\nwithout retention or storage, in a physical or electronic form; or\n(c) the image is otherwise capable of being distributed.\n72EA Aggravated offences—pt 3A offences involving family\n(a) section 72C (Non-consensual distribution of intimate images);\n(b) section 72D (Distribution of intimate image of young person);\n(c) section 72E (Threaten to capture or distribute intimate images).\n(4) To remove any doubt, it is not necessary for the prosecution to prove\nthat the defendant had a fault element in relation to any factor of\naggravation.\n\n(b) s 72AA (Aggravated offences—pt 3 offences involving family\n72EB Alternative verdicts for aggravated offences—offences\nmentioned in column 2 of an item in table 72EB, the trier of fact—\nin relation to the finding of guilt.\nTable 72EB\nitem\n1 section 72C\n(Non-consensual\ndistribution of intimate\nimages), aggravated\n• section 72C, simple offence\n\nitem\n2 section 72D (Distribution\nof intimate image of\nyoung person),\n• section 72D, simple offence\n3 section 72E (Threaten to\ncapture or distribute\nintimate images),\n• section 72E, simple offence\n","sortOrder":99},{"sectionNumber":"72F","sectionType":"section","heading":"Consent—pt 3A","content":"72F Consent—pt 3A\n(1) For this part, and without limiting the grounds on which it may be\nestablished that consent is negated, a person does not consent to the\ndistribution of an intimate image of the person by another person\n(the offender) if the consent is caused by a circumstance set out in\nsection 67 (1) (a) to (o).\n(2) Also, a person does not consent to the distribution of an intimate\nimage of the person by the offender only because the person—\n(a) consented to the offender distributing the image or another\nintimate image on another occasion; or\n(b) consented to someone else distributing the image or another\nintimate image; or\n(c) consented to the offender or someone else distributing the image\nor another intimate image in a different way to the way the\noffender distributed the image; or\n(d) distributed the image or another intimate image to someone else.\n\n","sortOrder":100},{"sectionNumber":"72G","sectionType":"section","heading":"Exceptions for reasonable distribution","content":"72G Exceptions for reasonable distribution\n(1) An offence against section 72C or section 72D does not apply to the\ndistribution of an intimate image—\n(a) by a law enforcement officer acting reasonably in the\nperformance of the officer’s duty; or\n(b) for a lawful and common practice of law enforcement, criminal\nreporting or a legal proceeding; or\n(c) for the purpose of reporting unlawful conduct to a law\nenforcement officer; or\n(d) by a licensed security provider acting reasonably in the\nperformance of a security activity; or\n(e) for a scientific, medical or educational purpose; or\na patient consents to her a doctor providing an image of a mole on her breast\nto another doctor for a second opinion about the mole\n(f) by a person in the course of reasonably protecting premises\nowned by the person; or\n(g) of a child or other person incapable of giving consent in\ncircumstances in which a reasonable person would regard the\ndistribution of the intimate image as acceptable; or\nsharing a photograph or movie of a naked newborn relative\n(h) in circumstances or for a purpose prescribed by regulation.\n(2) Nothing in this section prevents a person being found guilty of an\noffence under or because of the Criminal Code, part 2.4 (Extensions\nof criminal responsibility).\n\nlaw enforcement officer means—\n(b) a member of the staff of the Australian Crime Commission\nestablished by the Australian Crime Commission Act 2002\n(Cwlth).\nlicensed security provider means a person who holds a licence under\nthe Security Industry Act 2003.\nsecurity activity—see the Security Industry Act 2003, section 7.\n","sortOrder":101},{"sectionNumber":"72H","sectionType":"section","heading":"Court may order rectification","content":"72H Court may order rectification\n(1) This section applies if a person is found guilty of an offence against—\n(a) section 72C (Non-consensual distribution of intimate images);\nor\n(b) section 72D (Distribution of intimate image of young person);\nor\n(c) section 72E (Threaten to capture or distribute intimate images).\n(2) The court may order the person to take reasonable action to remove,\nretract, recover, delete or destroy an intimate image involved in the\noffence within a stated period.\n(3) The person commits an offence if the person fails to comply with the\norder.\n\nFemale genital mutilation Part 4\n","sortOrder":102},{"sectionNumber":"73","sectionType":"section","heading":"Meaning of female genital mutilation for pt 4","content":"73 Meaning of female genital mutilation for pt 4\nfemale genital mutilation means—\n(a) clitoridectomy or the excision of any other part of the female\ngenital organs; or\n(b) infibulation or similar procedure; or\n(c) any other mutilation of the female genital organs.\n","sortOrder":103},{"sectionNumber":"74","sectionType":"section","heading":"Prohibition of female genital mutilation","content":"74 Prohibition of female genital mutilation\n(1) A person shall not intentionally perform female genital mutilation on\nMaximum penalty: imprisonment for 15 years.\n(2) It is not a defence to a prosecution for an offence against this section\nthat the person on whom the female genital mutilation was performed,\nor a parent or guardian of that person, consented to the mutilation.\n","sortOrder":104},{"sectionNumber":"75","sectionType":"section","heading":"Removal of child from ACT for genital mutilation","content":"75 Removal of child from ACT for genital mutilation\n(1) A person shall not take a child from the ACT, or arrange for a child\nto be taken from the ACT, with the intention of having female genital\nmutilation performed on the child.\nMaximum penalty: imprisonment for 7 years.\n(2) In proceedings for an offence against subsection (1), if it is proved\n(a) the defendant took a child, or arranged for a child to be taken,\nfrom the ACT; and\n\n(b) female genital mutilation was performed on the child while\noutside the ACT;\nit will be presumed, in the absence of proof to the contrary, that the\ndefendant took the child, or arranged for the child to be taken, from\nthe ACT with the intention of having female genital mutilation\nperformed on the child.\nchild means a person under the age of 18 years.\n","sortOrder":105},{"sectionNumber":"76","sectionType":"section","heading":"Exception—medical procedures for genuine therapeutic","content":"76 Exception—medical procedures for genuine therapeutic\npurposes\n(1) It is not an offence against this part to perform a medical procedure\nthat has a genuine therapeutic purpose or to take a person, or arrange\nfor a person to be taken, from the ACT with the intention of having\nsuch a procedure performed on the person.\n(2) A medical procedure has a genuine therapeutic purpose only if—\n(a) performed on a person in labour, or who has just given birth, and\nfor medical purposes connected with the labour or birth, by a\ndoctor or midwife; or\n(b) it is necessary for the health of the person on whom it is\nperformed and is performed by a doctor.\n(3) A medical procedure that is performed as, or as part of, a cultural,\nreligious or other social custom is not of itself to be regarded as being\nperformed for a genuine therapeutic purpose.\n\nFemale genital mutilation Part 4\n","sortOrder":106},{"sectionNumber":"77","sectionType":"section","heading":"Exception—sexual reassignment procedures","content":"77 Exception—sexual reassignment procedures\n(1) It is not an offence against this part to perform a sexual reassignment\nprocedure or to take, or arrange for a person to be taken, from the\nACT with the intention of having a sexual reassignment procedure\nperformed on the person.\nsexual reassignment procedure means a surgical procedure\nperformed by a medical practitioner to give a female person, or a\nperson whose sex is ambivalent, the genital appearance of a person of\nthe opposite sex or of a particular sex (whether male or female).\n\n","sortOrder":107},{"sectionNumber":"78","sectionType":"section","heading":"Meaning of sexual servitude and sexual services for pt 5","content":"78 Meaning of sexual servitude and sexual services for pt 5\nsexual services means the commercial use or display of the body of\nthe person providing the service for the sexual gratification of others.\nsexual servitude is the condition of a person who provides sexual\nservices and who, because of the use of force or a threat, is not free—\n(a) to stop providing sexual services; or\n(b) to leave the place or area where the person provides sexual\nservices.\n(2) For subsection (1), definition of sexual servitude, the question\nwhether, because of the use of force or a threat, a person is not free to\nstop providing sexual services, or to leave the place or area where the\nperson provides sexual services, is to be decided according to whether\na reasonable adult would consider, in the circumstances, that the\nperson is not free to stop or leave.\nthreat means—\n(a) a threat of force; or\n(b) a threat to cause a person’s deportation; or\n(c) a threat of other detrimental action unless there are reasonable\ngrounds for the threat.\n\nSexual servitude Part 5\n","sortOrder":108},{"sectionNumber":"79","sectionType":"section","heading":"Sexual servitude offences","content":"79 Sexual servitude offences\n(a) the person’s conduct causes someone else to enter into or remain\nin sexual servitude; and\n(b) the person intends to cause, or is reckless about causing,\nsomeone else to enter into or remain in sexual servitude.\n(a) if a person who enters or remains in sexual servitude is younger\nthan 18 years—imprisonment for 19 years; or\n(2) A person commits an offence if the person—\n(a) conducts a business that involves the sexual servitude of others;\nand\n(b) knows that, or is reckless about whether, the business involves\nthe sexual servitude of others.\n(a) if a person in sexual servitude involved with the business is\nyounger than 18 years—imprisonment for 19 years; or\nconducts a business includes—\n(a) taking part in the management of the business; or\n(b) exercising control or direction over the business; or\n(c) providing finance for the business.\n\n","sortOrder":109},{"sectionNumber":"80","sectionType":"section","heading":"Deceptive recruiting for sexual services","content":"80 Deceptive recruiting for sexual services\nA person commits an offence if the person, with the intention of\ninducing someone else to enter into an engagement to provide sexual\nservices, deceives the other person about the fact that the engagement\nwill involve the provision of sexual services.\n(a) if the deceived person is younger than 18 years old—\nimprisonment for 9 years; or\n(b) in any other case—imprisonment for 7 years.\n","sortOrder":110},{"sectionNumber":"81","sectionType":"section","heading":"Sexual servitude offence etc against person younger than","content":"81 Sexual servitude offence etc against person younger than\n18 years—charges and proof\nIn a prosecution for an offence against this part, if the prosecution\nintends to prove that the offence was committed against a person\nyounger than 18 years old—\n(a) the allegation that the offence was committed against a person\nyounger than 18 years old must be stated in the charge; and\n(b) the prosecution must prove that the defendant intended to\ncommit, or was reckless about committing, the offence against\na person younger than 18 years old.\n","sortOrder":111},{"sectionNumber":"82","sectionType":"section","heading":"Alternative verdicts—sexual servitude offence etc","content":"82 Alternative verdicts—sexual servitude offence etc\nsection 79 or section 80, the trier of fact—\n(a) is not satisfied that the defendant committed the offence; but\ncommitted another offence against the section carrying a lesser\npenalty than the offence charged.\n\nSexual servitude Part 5\nthe finding of guilt.\n\nDivision 6.2A Money laundering and organised fraud\nDivision 6.2A Money laundering and organised\nfraud\n114A Definitions for div 6.2A\ndeal, with money or other property, means—\n(a) receiving, possessing, concealing or disposing of money or other\nproperty; or\n(b) bringing into the ACT money or other property.\nproceeds of crime means—\n(a) any property derived or realised, directly or indirectly, by\nanyone from the commission of an offence punishable by\nimprisonment for longer than 12 months; or\n(b) any property derived or realised, directly or indirectly, by\nanyone from acts or omissions that—\n(i) happened outside the ACT; and\n(ii) would, if they had happened in the ACT, have been an\noffence punishable by imprisonment for longer than\n12 months.\nproperty includes property located in Australia outside the ACT or\noutside Australia.\nunlawful activity means an act or omission that is an offence against\nthe law of the Territory, the Commonwealth, a State, another\nTerritory or a foreign country.\n\nMoney laundering and organised fraud Division 6.2A\n","sortOrder":112},{"sectionNumber":"114B","sectionType":"section","heading":"Money laundering","content":"114B Money laundering\n(a) the person deals with money or other property; and\n(b) the money or other property is proceeds of crime; and\n(c) the person knows that, or is reckless about the fact that, the\nmoney or other property is derived or realised, directly or\nindirectly, from some form of unlawful activity.\nMaximum penalty: 1 000 penalty units, imprisonment for 10 years\n","sortOrder":113},{"sectionNumber":"114C","sectionType":"section","heading":"Possession etc of property suspected of being proceeds","content":"114C Possession etc of property suspected of being proceeds\nof crime\n(a) the person deals with money or other property; and\n(b) the money or other property is proceeds of crime.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":114},{"sectionNumber":"114D","sectionType":"section","heading":"Organised fraud","content":"114D Organised fraud\n(1) A person who engages in organised fraud commits an offence.\nMaximum penalty: 1 500 penalty units, imprisonment for 15 years\n(2) A person is taken to engage in organised fraud only if the person\nengages in acts or omissions—\n(a) that constitute 3 or more public fraud offences; and\n(b) from which the person derives substantial benefit.\n\n(3) If, on a trial for an offence against subsection (1) (the offence\ncharged), the trier of fact is not satisfied that the person is guilty of\nthe offence charged but is satisfied that the person is guilty of 1 or\nmore public fraud offences (the other offences), the trier of fact—\n(a) must acquit the person of the offence charged; and\n(b) may find the person guilty of the other offences.\npublic fraud offence means an offence against the Criminal Code,\nsection 333 (General dishonesty).\n","sortOrder":115},{"sectionNumber":"115","sectionType":"section","heading":"Interpretation for div 6.3","content":"115 Interpretation for div 6.3\n(1) In this division:\nproperty means any real or personal property (other than intangible\nproperty), and includes—\n(a) a wild animal that is tamed or ordinarily kept in captivity; and\n(b) a wild animal that is not tamed or ordinarily kept in captivity but\nthat is—\n(i) reduced into the possession of a person who has not lost or\nabandoned that possession; or\n(ii) in the course of being reduced into the possession of a\n(2) For this division, property shall be taken to belong to any person\nwho—\n(a) has possession or control of it; or\n(b) has any proprietary right or interest in it, other than an equitable\ninterest arising only from an agreement to transfer or grant an\ninterest; or\n\n(c) has a charge on it.\n(3) If any property is subject to a trust, the trustee and any person having\na right to enforce the trust shall, for this division, be taken to be the\npersons to whom the property belongs.\n(4) The property of a corporation sole shall, for this division, be taken to\nbelong to the corporation notwithstanding any vacancy in the\ncorporation.\n(5) For section 116 (Destroying or damaging property) and section 117\n(Arson), a person who destroys or damages property shall be taken to\nhave done so intentionally if he or she acted—\n(a) with intent to destroy or damage any property; or\n(b) in the knowledge or belief that his or her actions were likely to\nresult in destruction of or damage to property.\n(6) For section 116 (Destroying or damaging property) and section 117\n(Arson), a person who destroys or damages property shall be taken to\nhave intended to endanger the life of another person by that\ndestruction or damage if he or she acted—\n(a) with intent to endanger the life of any other person; or\n(b) in the knowledge or belief that his or her actions were likely to\nendanger the life of another person.\n","sortOrder":116},{"sectionNumber":"116","sectionType":"section","heading":"Destroying or damaging property","content":"116 Destroying or damaging property\n(1) A person who destroys or damages (otherwise than by means of fire\nor explosive) any property with intent to endanger the life of another\nperson by that destruction or damage commits an offence.\n(a) for an aggravated offence—imprisonment for 25 years; or\n(b) in any other case—imprisonment for 20 years.\n\n(2) A person who dishonestly, with a view to gain for himself or herself\nor another person, destroys or damages (otherwise than by means of\nfire or explosive) any property commits an offence.\n(a) for an aggravated offence—380 penalty units, imprisonment for\n19 years or both; or\n(b) in any other case—300 penalty units, imprisonment for 15 years\n(a) the person destroys or causes damage to property, other than by\nfire or explosive; and\n(b) the property belongs to—\n(i) someone else; or\n(ii) the person and someone else; and\n(c) the person intends to destroy or cause damage, or is reckless\nabout destroying or causing damage, to the property.\n(a) for an aggravated offence—60 penalty units, imprisonment for\n(b) in any other case—50 penalty units, imprisonment for 2 years or\nNote The defence of lawful authority applies in relation to the offence under s\n(3) (see Criminal Code, s 43).\n(4) An offence against this section is an aggravated offence if the offence\ninvolves family violence.\n(5) If the prosecution intends to prove that the offence is an aggravated\noffence, the factor of aggravation must be stated in the charge.\n\n(6) To remove any doubt—\ndoes not apply to an offence against this section, whether or not\nit is an aggravated offence.\nfactor of aggravation means the matter mentioned in subsection (4).\n(b) s 72AA (Aggravated offences—pt 3 offences involving family\n(c) s 72EA (Aggravated offences—pt 3A offences involving family\nviolence).\n","sortOrder":117},{"sectionNumber":"117","sectionType":"section","heading":"Arson","content":"117 Arson\n(1) A person who destroys or damages by means of fire or explosive any\nproperty with intent to endanger the life of another person by that\ndestruction or damage commits an offence.\nMaximum penalty: imprisonment for 25 years.\n(2) A person who dishonestly, with a view to gain for himself or herself\nor another person, destroys or damages by means of fire or explosive\nany property commits an offence.\nMaximum penalty: imprisonment for 20 years.\n\n","sortOrder":118},{"sectionNumber":"119","sectionType":"section","heading":"Defacing premises","content":"119 Defacing premises\n(1) A person commits an offence if the person––\n(a) affixes a placard or paper, or makes a mark with chalk, paint or\nany other material on private premises; and\n(b) does not have the consent of––\n(i) if the premises are occupied––the occupier or person in\ncharge of the premises; or\n(ii) if the premises are not occupied––the owner or person in\ncharge of the premises.\n(2) A person commits an offence if the person unlawfully affixes a\nplacard or paper, or makes a mark with chalk, paint or any other\nmaterial, on public property.\npublic property means––\n(a) a public road; or\n(b) a bus shelter; or\n(c) any other property of the Territory or Commonwealth or of an\nauthority or body under a law of the Territory or the\nCommonwealth.\npublic road––see the Public Unleased Land Act 2013, section 9.\n\n","sortOrder":119},{"sectionNumber":"120","sectionType":"section","heading":"Defacing premises––strict liability","content":"120 Defacing premises––strict liability\n(1) A person commits an offence if the person––\n(a) makes a mark with chalk, paint or any other material on private\n(b) does not have the consent of––\n(i) if the premises are occupied––the occupier or person in\ncharge of the premises; or\n(ii) if the premises are not occupied––the owner or person in\ncharge of the premises.\n(2) A person commits an offence if the person unlawfully makes a mark\nwith chalk, paint or any other material, on public property.\n(3) An offence against this section is a strict liability offence.\npublic property––see section 119 (3).\n","sortOrder":120},{"sectionNumber":"122","sectionType":"section","heading":"Untrue representations","content":"122 Untrue representations\nA person who knowingly makes in any manner an untrue\nrepresentation to any other person, being a representation that tends\nto give rise to apprehension for the safety of any person (including\nthe person making the representation and the person to whom it is\nmade) or property, or both, commits an offence.\n\n","sortOrder":121},{"sectionNumber":"123","sectionType":"section","heading":"Alternative verdicts—criminal damage to property","content":"123 Alternative verdicts—criminal damage to property\n(1) This section applies if, in a prosecution for an offence against this\ndivision, the trier of fact—\n(a) is not satisfied that the defendant committed the offence; but\ncommitted another offence against this division carrying a lesser\npenalty than the offence charged.\nthe finding of guilt.\n","sortOrder":122},{"sectionNumber":"Div 6","sectionType":"division","heading":"6 Contamination of goods and related","content":"Division 6.6 Contamination of goods and related\n","sortOrder":123},{"sectionNumber":"135","sectionType":"section","heading":"Definitions of contaminate and goods","content":"135 Definitions of contaminate and goods\ncontaminate, for goods, includes—\n(a) interfere with the goods; or\n(b) make it appear that the goods have been contaminated or\ninterfered with.\ngoods includes a substance—\n(a) whether or not for human consumption; and\n(b) whether natural or manufactured; and\n(c) whether or not incorporated or mixed with other goods.\n\nContamination of goods and related offences Division 6.6\n","sortOrder":124},{"sectionNumber":"136","sectionType":"section","heading":"Meaning of economic loss","content":"136 Meaning of economic loss\nIn this part, economic loss caused through public awareness of the\ncontamination of goods, or the possibility of contamination, includes\neconomic loss caused through—\n(a) members of the public not buying or using the goods or similar\ngoods; or\n(b) steps taken to avoid public alarm or anxiety or to avoid harm to\nmembers of the public.\n","sortOrder":125},{"sectionNumber":"137","sectionType":"section","heading":"Contaminating goods with intent to cause public alarm or","content":"137 Contaminating goods with intent to cause public alarm or\nA person must not contaminate goods with the intention of—\n(a) causing public alarm or anxiety; or\n(b) causing economic loss through public awareness of the\ncontamination.\n","sortOrder":126},{"sectionNumber":"138","sectionType":"section","heading":"Threatening to contaminate goods with intent to cause","content":"138 Threatening to contaminate goods with intent to cause\n(1) A person must not threaten that goods will be contaminated with the\nintention of—\n(a) causing public alarm or anxiety; or\n(b) causing economic loss through public awareness of the\npossibility of contamination.\n(2) For this section, a threat may be made by any conduct, and may be\nexplicit or implicit and conditional or unconditional.\n\n","sortOrder":127},{"sectionNumber":"139","sectionType":"section","heading":"Making false statements about contamination of goods","content":"139 Making false statements about contamination of goods\nwith intent to cause public alarm or economic loss\n(1) A person must not make a statement that the person believes to be\nfalse with the intention of—\n(a) inducing the person to whom the statement is made or others to\nbelieve that goods have been contaminated; and\n(b) in that way, either—\n(i) causing public alarm or anxiety; or\n(ii) causing economic loss through public awareness of the\ncontamination, or the possibility of contamination.\n(2) For this section, making a statement includes communicating\ninformation by any means.\n","sortOrder":128},{"sectionNumber":"140","sectionType":"section","heading":"Territorial nexus for offences","content":"140 Territorial nexus for offences\nIt is immaterial that the conduct of a person forming an offence\nagainst this division happened outside the jurisdiction if the person\nintended by the conduct—\n(a) to cause public alarm or anxiety in the ACT; or\n(b) to cause economic loss in the ACT through public awareness of\nthe contamination, or the possibility of contamination.\n\nOffences relating to causing public alarm Division 6.7\nDivision 6.7 Offences relating to causing public\nalarm\n","sortOrder":129},{"sectionNumber":"140A","sectionType":"section","heading":"Acting with intent to cause public alarm","content":"140A Acting with intent to cause public alarm\nA person must not, with the intention of causing public alarm or\nanxiety—\n(a) do something that could endanger someone else’s life or health;\nor\n(b) do something that, in the circumstances in which it is done, a\nreasonable person would suspect could endanger someone else’s\nlife or health (whether or not it could do so).\n","sortOrder":130},{"sectionNumber":"140B","sectionType":"section","heading":"Threatening to act with intent to cause public alarm","content":"140B Threatening to act with intent to cause public alarm\n(1) A person must not threaten to do something that could endanger\nsomeone else’s life or health with the intention of causing public\nalarm or anxiety.\n(2) For this section, a threat may be made by any conduct, and may be\nexplicit or implicit and conditional or unconditional.\n","sortOrder":131},{"sectionNumber":"140C","sectionType":"section","heading":"Making false statements with intent to cause public alarm","content":"140C Making false statements with intent to cause public alarm\n(1) A person must not make a statement that the person believes to be\nfalse with the intention of—\n(a) inducing the person to whom the statement is made or others to\nbelieve that something that could endanger someone else’s life\nor health has been done; and\n\n(b) in that way, causing public alarm or anxiety.\n(2) For this section, making a statement includes communicating\ninformation by any means.\n","sortOrder":132},{"sectionNumber":"140D","sectionType":"section","heading":"Territorial nexus for offences","content":"140D Territorial nexus for offences\nIt is immaterial that the conduct of a person forming an offence\nagainst this division happened outside the ACT if the person intended\nby the conduct to cause public alarm or anxiety in the ACT.\n","sortOrder":133},{"sectionNumber":"141","sectionType":"section","heading":"Hindering working of mines","content":"141 Hindering working of mines\nA person who, with intent to hinder the working of a mine—\n(a) causes water to be conveyed or permitted to enter the mine or\nany subterraneous passage communicating with the mine; or\n(b) obstructs, or otherwise interferes with any airway, waterway,\ndrain, pit, level or shaft of the mine;\n","sortOrder":134},{"sectionNumber":"142","sectionType":"section","heading":"Removal of sea banks etc","content":"142 Removal of sea banks etc\nA person who without lawful authority or excuse removes any article\nor material fixed in or placed on the ground and used for securing a\nsea bank or seawall, or the bank, dam or wall of any river, canal,\ndrain, aqueduct, marsh, reservoir, pool, port, harbour, dock, quay,\nwharf, jetty or lock commits an offence.\n\nMiscellaneous Division 6.8\n","sortOrder":135},{"sectionNumber":"143","sectionType":"section","heading":"Obstructing navigation of rivers","content":"143 Obstructing navigation of rivers\nA person who opens or draws up any floodgate or sluice or who in\nany way damages any navigable river or canal with intent to obstruct\nor prevent the navigation of the river or canal commits an offence.\n","sortOrder":136},{"sectionNumber":"144","sectionType":"section","heading":"Offences in relation to railways","content":"144 Offences in relation to railways\nA person who, with intent to obstruct, damage or destroy any light\nrail vehicle, railway engine, tender, carriage or truck—\n(a) deposits any article or material on or across a railway; or\n(b) removes or displaces any rail, sleeper or other thing belonging\nto a railway; or\n(c) moves or diverts, or fails to move or divert, any point or other\nmachinery belonging to a railway; or\n(d) displays, masks or removes any signal or light on or near a\nrailway;\nor who does, or causes to be done, any other thing with that intent,\n","sortOrder":137},{"sectionNumber":"145","sectionType":"section","heading":"Obstructing railway engines","content":"145 Obstructing railway engines\nA person who, by any unlawful act, omission or neglect, obstructs, or\ncauses to be obstructed, the passage or working of a light rail vehicle,\nrailway engine or carriage on any railway commits an offence.\nMaximum penalty: 100 penalty units, imprisonment for 3 years or\n\n","sortOrder":138},{"sectionNumber":"146","sectionType":"section","heading":"Alternative verdict","content":"146 Alternative verdict\nIf, on the trial of a person for an offence against section 144, the jury\nis not satisfied that the person is guilty of that offence but is satisfied\nthat he or she is guilty of an offence against section 145, the jury may\nacquit the person of the offence charged and find him or her guilty of\nan offence against section 145.\n","sortOrder":139},{"sectionNumber":"147","sectionType":"section","heading":"Displaying false signals","content":"147 Displaying false signals\nA person who, with intent to endanger any vessel, masks, alters or\nremoves any light or signal or displays any false light or signal\n","sortOrder":140},{"sectionNumber":"148","sectionType":"section","heading":"Removing or concealing buoys etc","content":"148 Removing or concealing buoys etc\nA person who does any act with intent to cut away, cast adrift,\nremove, alter, deface, sink, destroy, damage or conceal any vessel,\nbuoy, buoy-rope, perch or mark used or intended for the guidance of\nsailors or for the purposes of navigation commits an offence.\n","sortOrder":141},{"sectionNumber":"151","sectionType":"section","heading":"Forcible entry on land","content":"151 Forcible entry on land\nA person who enters on land that is in the actual and peaceable\npossession of another person in a manner likely to cause a breach of\nthe peace commits an offence.\n\nMiscellaneous Division 6.8\n","sortOrder":142},{"sectionNumber":"152","sectionType":"section","heading":"Forcible detainer of land","content":"152 Forcible detainer of land\nA person who, being in actual possession of land without any legal\nright to possession, holds possession of the land against any person\nlegally entitled to possession of the land in a manner likely to cause a\nbreach of the peace commits an offence.\n","sortOrder":143},{"sectionNumber":"153","sectionType":"section","heading":"Disclosure of information by territory officer","content":"153 Disclosure of information by territory officer\n(1) A person who, being an officer of the Territory, publishes or\ncommunicates, except to some person to whom he or she is authorised\nto publish or communicate it, any fact or document which comes to\nhis or her knowledge, or into his or her possession, by virtue of him\nor her being an officer of the Territory and which it is his or her duty\nnot to disclose, commits an offence.\nMaximum penalty: 50 penalty units, imprisonment for 2 years or\n(2) A person who, having been an officer of the Territory, publishes or\ncommunicates, without lawful authority, any fact or document which\ncame to his or her knowledge, or into his or her possession, by virtue\nof the person having been an officer of the Territory and which, at the\ntime when he or she ceased to be an officer of the Territory, it was his\nor her duty not to disclose, commits an offence.\nMaximum penalty: 50 penalty units, imprisonment for 2 years or\nofficer of the Territory means—\n(a) a public employee; or\n(b) a person who performs services for the Territory or a territory\nauthority.\n\n","sortOrder":144},{"sectionNumber":"154","sectionType":"section","heading":"Additional offences on territory premises","content":"154 Additional offences on territory premises\n(1) A person who, without reasonable excuse, trespasses on government\npremises commits an offence.\nMaximum penalty: 1 penalty unit, imprisonment for 1 month or both.\n(a) engages in unreasonable obstruction in relation to the passage of\npersons or vehicles into, out of, or on government premises, or\notherwise in relation to the use of government premises; or\n(b) being in or on government premises, behaves in an offensive or\ndisorderly manner; or\n(c) being in or on government premises, refuses or neglects, without\nreasonable excuse, to leave those premises on being directed to\ndo so by a police officer or by a person authorised in writing by\na Minister or the territory authority occupying the premises to\ngive directions for this section;\nMaximum penalty: 2.5 penalty units, imprisonment for 3 months or\ngovernment premises means any land, building or part of a building\noccupied by the Territory or a territory authority.\nunreasonable obstruction means anything done by someone that is,\nor contributes to, an obstruction of or interference with the exercise\nor enjoyment by other people of their lawful rights or privileges\n(including rights of passage on public streets) that is unreasonable in\nall the circumstances (including the place, time, length and nature of\nthe obstruction or interference).\n\n","sortOrder":145},{"sectionNumber":"158","sectionType":"section","heading":"Meaning of detention during pleasure","content":"158 Meaning of detention during pleasure\nIn this part, a reference to detention during pleasure is a reference to\ndetention during the pleasure of the Governor-General, the Governor\nof a State or the Administrator of the Northern Territory, as the case\nrequires.\n","sortOrder":146},{"sectionNumber":"159","sectionType":"section","heading":"Aiding prisoner to escape","content":"159 Aiding prisoner to escape\n(a) aids another person to escape, or to attempt to escape, from\nlawful custody in respect of an offence against a law of the\nTerritory, a State or another Territory; or\n(b) aids another person who has been lawfully arrested in respect of\nsuch an offence to escape, or to attempt to escape, from that\narrest; or\n(c) aids another person who is lawfully detained during pleasure in\nrespect of such an offence to escape, or to attempt to escape,\nfrom that detention; or\n(d) takes anything into a correctional centre, lockup or another place\nof lawful detention with intent to facilitate the escape from there\nof someone else who is detained or in custody in relation to an\noffence against a law of the Territory, the Commonwealth, a\nState or another Territory;\n\n","sortOrder":147},{"sectionNumber":"160","sectionType":"section","heading":"Escaping","content":"160 Escaping\nA person who has been lawfully arrested, is in lawful custody, or is\nlawfully detained during pleasure, in respect of an offence against a\nlaw of the Territory, a State or another Territory and who escapes\nfrom that arrest, custody or detention commits an offence.\n","sortOrder":148},{"sectionNumber":"161","sectionType":"section","heading":"Rescuing a prisoner from custody etc","content":"161 Rescuing a prisoner from custody etc\n(a) rescues by force a person (other than a person referred to in\nparagraph (c) or (d)) from lawful custody in respect of an\noffence against a law of the Territory, a State or another\nTerritory with which the person has been charged; or\n(b) rescues by force a person who has been lawfully arrested in\nrespect of such an offence with which the person has not been\ncharged from that arrest; or\n(c) rescues by force a person who is in lawful custody at a\ncorrectional centre, lockup or another place of lawful detention\nin relation to an offence against a law of the Territory, the\nCommonwealth, a State or another Territory from that centre,\nlockup or place; or\n(d) rescues by force a person who is lawfully detained during\npleasure in respect of such an offence from that detention;\nMaximum penalty: imprisonment for 14 years.\n\n","sortOrder":149},{"sectionNumber":"162","sectionType":"section","heading":"Person unlawfully at large","content":"162 Person unlawfully at large\n(a) in accordance with a permission given under a law of the\nTerritory, the Commonwealth, a State or another Territory,\nleaves a correctional centre, lockup or another place of lawful\ndetention where the person is detained, in custody or detained\nduring pleasure in relation to an offence against a law of the\nTerritory, the Commonwealth, a State or another Territory; and\n(b) fails, without reasonable excuse, to return to that correctional\ncentre, lockup or place in accordance with that permission;\n","sortOrder":150},{"sectionNumber":"163","sectionType":"section","heading":"Permitting escape","content":"163 Permitting escape\n(1) A person who—\n(a) is an officer of a correctional centre, lockup or other place of\nlawful detention, a constable or a Commonwealth officer; and\n(b) is charged for the time being with the custody or detention of\nanother person (including a person detained during pleasure) in\nrespect of an offence against a law of the Territory, a State or\nanother Territory; and\n(c) wilfully or negligently permits that other person to escape from\nthat custody or detention;\n\n(2) A constable or a Commonwealth officer who wilfully or negligently\npermits a person who has been lawfully arrested in respect of an\noffence against a law of the Territory, a State or another Territory to\nescape from that arrest commits an offence.\nCommonwealth officer—see the Crimes Act 1914 (Cwlth), section 3.\nconstable—see the Crimes Act 1914 (Cwlth), section 3.\n","sortOrder":151},{"sectionNumber":"164","sectionType":"section","heading":"Harbouring etc escapee","content":"164 Harbouring etc escapee\nA person who harbours, maintains or employs another person\nknowing that other person to have escaped from lawful custody or\ndetention in respect of an offence against a law of the Territory, a\nState or another Territory commits an offence.\n","sortOrder":152},{"sectionNumber":"166","sectionType":"section","heading":"Failure to answer bail etc—offence","content":"166 Failure to answer bail etc—offence\n(a) in accordance with a law in force in the ACT (other than the Bail\nAct 1992), a person arrested in respect of, or charged with, an\noffence against a law in force in the ACT has been—\n(i) admitted to bail on an undertaking; or\n(ii) released or discharged on entering into a recognisance,\nwith or without a surety or sureties, on condition;\nthat he or she will attend, or appear before, a court at a specified\ntime and place or at a time and place to be determined and of\nwhich he or she is to be notified; and\n\n(b) he or she fails, without reasonable excuse, to so attend or appear;\nthe person commits an offence.\n(2) The reference in subsection (1) to an undertaking or a recognisance\nincludes a reference to an undertaking given or a recognisance entered\ninto (as the case requires) following the instituting of an appeal.\n\n","sortOrder":153},{"sectionNumber":"170","sectionType":"section","heading":"Meaning of anabolic steroid","content":"170 Meaning of anabolic steroid\nanabolic steroid includes—\n(a) a substance mentioned in schedule 1 and any—\n(i) salt, active principle or derivative of the substance; or\n(ii) stereoisomer of the substance; or\n(iii) preparation or admixture containing any proportion of the\nsubstance; and\n(b) a salt of an active principle or derivative of a substance\nmentioned in schedule 1; and\n(c) a salt of a stereoisomer of a substance mentioned in schedule 1.\n","sortOrder":154},{"sectionNumber":"171","sectionType":"section","heading":"Prescribing and supplying anabolic steroids","content":"171 Prescribing and supplying anabolic steroids\n(1) A person commits an offence if the person prescribes an anabolic\nsteroid for someone else for human use.\n(2) A person commits an offence if the person supplies an anabolic\nsteroid for someone else for human use.\n(3) This section does not apply to an anabolic steroid if the anabolic\nsteroid is—\n(a) registered under the Therapeutic Goods Act 1989 (Cwlth); or\n(b) prescribed or supplied for the purposes of a clinical trial\nconducted under that Act.\n\nAnabolic steroids Part 8\nprescribe—see the Medicines, Poisons and Therapeutic Goods\nAct 2008, dictionary.\nsupply—see the Medicines, Poisons and Therapeutic Goods\nAct 2008, section 24.\nNote Supply includes sell and dispense (see Medicines, Poisons and\nTherapeutic Goods Act 2008, s 24).\n","sortOrder":155},{"sectionNumber":"172","sectionType":"section","heading":"Possessing anabolic steroids","content":"172 Possessing anabolic steroids\n(1) A person commits an offence if the person possesses an anabolic\nsteroid.\n(2) Subsection (1) does not apply to a person who—\n(a) is authorised under the Medicines, Poisons and Therapeutic\nGoods Act 2008 to manufacture, possess or supply the anabolic\nsteroid; or\n(b) obtained the anabolic steroid from someone who is authorised\nin accordance with paragraph (a) to supply the anabolic steroid\nto the person.\n","sortOrder":156},{"sectionNumber":"173","sectionType":"section","heading":"Administering anabolic steroids","content":"173 Administering anabolic steroids\n(1) A person commits an offence if the person administers an anabolic\nsteroid to himself, herself or someone else.\n\n(2) This section does not apply to an anabolic steroid if the anabolic\nsteroid is—\n(a) registered under the Therapeutic Goods Act 1989 (Cwlth); or\n(b) administered for the purposes of a clinical trial conducted under\nthat Act.\n\nExclusion powers Part 9\n","sortOrder":157},{"sectionNumber":"174","sectionType":"section","heading":"Definitions—pt 9","content":"174 Definitions—pt 9\nexclusion direction—see section 175 (3).\nexclusion period—see section 175 (3) (b).\nexclusion zone—see section 175 (3) (a).\npublic place means—\n(a) a street, road, public park or reserve; or\n(b) a building, premises or other place that the public is entitled to\nuse or that is open to, or used by, the public, whether on payment\nof money or otherwise.\nlicensed premises under the Liquor Act 2010\n","sortOrder":158},{"sectionNumber":"175","sectionType":"section","heading":"Exclusion direction","content":"175 Exclusion direction\n(1) This section applies if a police officer reasonably believes that a\nperson (whether part of a group or not) has recently engaged in, is\nengaged in, or is likely in the immediate future to engage in,\nconduct—\n(a) involving—\n(i) violence towards, or intimidation of, a person; or\n(ii) damage to property; or\n(b) that would cause a reasonable person to fear for their safety.\n(2) However, this section does not apply to a person who (whether part\nof a group or not) is—\n(a) picketing a place of employment; or\n\n(b) demonstrating or protesting about a particular issue; or\n(c) speaking, bearing or otherwise identifying with a banner,\nplacard or sign or otherwise behaving in a way that is apparently\nintended to publicise the person’s view about a particular issue.\n(3) The police officer may give the person a direction (an exclusion\ndirection) to do any of the following:\n(a) immediately leave an area specified by the officer (an exclusion\nzone);\n(b) remain outside the exclusion zone for a period, decided by the\nofficer (an exclusion period), of not more than 6 hours;\n(c) leave the exclusion zone by a particular route, or in a particular\ndirection, decided by the officer.\n","sortOrder":159},{"sectionNumber":"176","sectionType":"section","heading":"Exclusion zone","content":"176 Exclusion zone\n(1) An exclusion zone may only include the following places:\n(a) a public place;\n(b) a place, other than a public place, prescribed by regulation.\n(2) An exclusion zone may be described by reference to landmarks or\nother identifiable boundaries of the zone, or distances from a fixed\npoint.\n","sortOrder":160},{"sectionNumber":"177","sectionType":"section","heading":"Exclusion direction—information to be given","content":"177 Exclusion direction—information to be given\n(1) A police officer who gives a person an exclusion direction must tell,\nor make reasonable efforts to tell, the person the following:\n(a) that the person has been given an exclusion direction;\n(b) the reason for the direction;\n(c) the exclusion zone to which the direction applies;\n(d) that the person must not remain in the zone;\n\nExclusion powers Part 9\n(e) the exclusion period, if any;\n(f) the route or direction, if any, that the person must take to leave\nthe zone;\n(g) that it is an offence to fail to comply with the direction;\n(h) the time and date the direction ends.\n(2) If an exclusion direction is given to 2 or more people at the same time,\nthe police officer giving the direction—\n(a) may tell, or make reasonable efforts to tell, the group generally\nthe information mentioned in subsection (1); and\n(b) in that case, need not give the information to each person\nindividually.\n","sortOrder":161},{"sectionNumber":"178","sectionType":"section","heading":"Exclusion direction—information to be recorded","content":"178 Exclusion direction—information to be recorded\nAs soon as practicable after giving a person an exclusion direction, a\npolice officer must make a record of the following:\n(a) the date and time the direction was given;\n(b) the name of the person, or if the name of the person is not\nknown—\n(i) a detailed description of the person; or\n(ii) if it is not reasonably practicable to give a detailed\ndescription of the person because the person is part of a\ngroup of people—a detailed description of the group;\n(c) the reason for giving the direction;\n(d) the exclusion zone to which the direction applies;\n(e) the exclusion period, if any;\n\n(f) the route or direction, if any, that the person must to take to leave\nthe zone;\n(g) the time and date the direction ends.\n","sortOrder":162},{"sectionNumber":"179","sectionType":"section","heading":"Failing to comply with exclusion direction","content":"179 Failing to comply with exclusion direction\n(a) is given an exclusion direction; and\nMaximum penalty: 2 penalty units.\n(2) Subsection (1) does not apply if the person has a reasonable excuse.\nmentioned in s (2) (see Criminal Code, s 58).\n(3) An offence against this section is a strict liability offence.\n\nNote for pt 10\nThe Legislation Act, s 171 deals with the application of client legal privilege.\n","sortOrder":163},{"sectionNumber":"185","sectionType":"section","heading":"Definitions for pt 10","content":"185 Definitions for pt 10\nAboriginal and Torres Strait Islander children and young people\ncommissioner means the person appointed as the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nunder the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022, section 10 (1).\nAboriginal or Torres Strait Islander child or young person means a\nchild or young person who is an Aboriginal or Torres Strait Islander\nassisting officer, in relation to a warrant, means—\n(a) a police officer assisting in executing the warrant; or\n(b) a person who is not a police officer, but who has been authorised\nby the relevant executing officer to assist in executing the\nCommonwealth Crimes Act means the Crimes Act 1914 (Cwlth).\nconveyance includes an aircraft, vehicle or vessel.\nevidential material means a thing relevant to an offence, including a\nthing in electronic form.\nexecuting officer, in relation to a warrant, means—\n(a) the police officer named in the warrant by the issuing officer as\nbeing responsible for executing the warrant; or\n\n(b) if that police officer does not intend to be present at the\nexecution of the warrant—another police officer whose name\nhas been written in the warrant by the police officer named under\nparagraph (a); or\n(c) another police officer whose name has been written in the\nwarrant by the police officer named in the warrant under\nparagraph (b).\nfrisk search means—\n(a) a search of a person conducted by quickly running the hands\nover the person’s outer garments; and\n(b) an examination of anything worn or carried by the person that is\nconveniently and voluntarily removed by the person.\nidentification material, in relation to a person—\n(i) a print of the person’s hands, fingers, feet or toes; or\n(ii) a recording of the person’s voice; or\n(iii) a sample of the person’s handwriting; or\n(iv) a photograph (including a video recording) of the person;\nbut\n(b) does not include a video recording for the purposes of a caution\ngiven to a person or a record of interview with the person.\nNote Words in the singular number include the plural (see Legislation\nAct, s 145 (b)).\n\nimpaired state, for a person, includes a state in which the person has\ndifficulty communicating, or understanding the person’s immediate\ncircumstances, or making informed decisions.\nExamples\n1 a person who has a physical disability that prevents the person from speaking\nor writing\n2 a person who is sedated\n3 a person who is affected by drugs or alcohol\nissuing officer, in relation to a warrant to search premises or a person\nor a warrant for arrest under this part, means—\n(a) a judge, the registrar or a deputy registrar of the Supreme Court;\nor\n(b) a magistrate; or\n(c) if authorised by the Chief Magistrate to issue such search\nwarrants or arrest warrants (as the case may be)—the registrar\nor a deputy registrar of the Magistrates Court.\noffence means an offence against a territory law.\nordinary search means a search of a person or of articles in the\npossession of a person that may include—\n(a) requiring the person to remove his or her overcoat, coat or jacket\nand any gloves, shoes, socks and hat; and\n(b) an examination of those items.\npolice station includes—\n(a) a police station of the Territory; and\n(b) a building occupied by the Australian Federal Police.\npremises includes a place and a conveyance.\n\nrecently used conveyance, in relation to a search of a person, means\na conveyance that the person had operated or occupied at any time\nwithin 24 hours before the search commenced.\nseizable item means anything that would present a danger to a person\nor that could be used to assist a person to escape from lawful custody.\nserious offence means an offence punishable by imprisonment for\nlonger than 12 months.\nstrip search means a search of a person or of articles in the possession\nof a person that may include—\n(a) requiring the person to remove all of his or her garments; and\n(b) an examination of the person’s body (but not of the person’s\nbody cavities) and of those garments.\ntainted property—see the Confiscation of Criminal Assets Act 2003,\nsection 10.\ntake, identification material, includes requesting another person to\ntake the material.\ntarget material—see the Confiscation of Criminal Assets Act 2003,\nsection 195.\nthing relevant to an offence means—\n(a) anything in relation to which the offence has been committed or\nis suspected on reasonable grounds to have been committed; or\n(b) anything suspected on reasonable grounds to provide evidence\nof the commission of the offence; or\n(c) anything suspected on reasonable grounds to be intended to be\nused for the purpose of committing the offence.\nwarrant means a warrant under this part.\nwarrant premises means premises in relation to which a warrant is in\nforce.\n\nAboriginal or Torres Strait Islander person—see the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nAct 2022, dictionary.\n","sortOrder":164},{"sectionNumber":"185A","sectionType":"section","heading":"Search of transgender or intersex person","content":"185A Search of transgender or intersex person\n(1) If a transgender or intersex person is searched under this part, the\nperson may require that the search be conducted by either a male or a\nfemale.\n(2) If the transgender or intersex person requires that the search be\nconducted by a male, the person is taken, for this part, to be male.\n(3) If the transgender or intersex person requires that the search be\nconducted by a female, the person is taken, for this part, to be female.\n","sortOrder":165},{"sectionNumber":"186","sectionType":"section","heading":"Application of pt 10","content":"186 Application of pt 10\n(1) This part, except to the extent a contrary intention appears, is not\nintended to limit or exclude the operation of any other territory law\nrelating to—\n(a) the search of persons or premises; or\n(b) arrest and related matters; or\n(c) the stopping, detaining or searching of conveyances; or\n(d) the seizure of things.\n(2) To avoid any doubt, it is declared that even though another territory\nlaw provides power to do 1 or more of the things referred to in\nsubsection (1), a similar power given by this part may be used despite\nthe existence of the power under the other law.\n\n","sortOrder":166},{"sectionNumber":"187","sectionType":"section","heading":"Application of Cwlth Crimes Act, pt 1C","content":"187 Application of Cwlth Crimes Act, pt 1C\n(1) The Commonwealth Crimes Act, part 1C (Investigation of\nCommonwealth offences) and the schedule (Form of explanation\nunder section 23V) apply to offences not punishable by\nimprisonment, or punishable by imprisonment for 12 months or less,\nin the same way as they apply to offences punishable by\nimprisonment for longer than 12 months.\nNote The Cwlth Crimes Act provisions apply to offences against ACT laws\nthat are punishable by imprisonment for longer than 12 months if the\ninvestigating officer is a police officer (see that Act, s 23A (6)).\n(2) However, the provisions of the Commonwealth Crimes Act\nmentioned in subsection (1) do not apply to—\n(a) an offence against the Road Transport (Alcohol and Drugs)\nAct 1977; or\n(b) an infringement notice offence for the Road Transport\n(General) Act 1999, if the police officer concerned—\n(i) intends to serve an infringement notice under that Act for\nthe offence on the offender concerned; or\n(ii) intends to take no further action against the offender\nconcerned in relation to the offence; or\n(c) an offence against the Rail Safety National Law (ACT) Act 2014,\npart 3 (Alcohol and drug testing) or the Rail Safety National Law\n(ACT), part 3, division 9 (Drug and alcohol testing by\nRegulator); or\n(d) an infringement penalty offence for the Rail Safety National\nLaw (ACT), part 9 (Infringement notices) if a police officer—\n(i) intends to serve an infringement notice under that Act for\nthe offence on an offender; or\n(ii) intends to take no further action against the offender in\nrelation to the offence.\n\n(3) Also, the following provisions of the Commonwealth Crimes Act\nonly apply under subsection (1) if the person being interviewed or\nquestioned is under arrest (within the meaning of that Act,\nsection 23B (Definitions), as applied by subsection (1)) for an offence\nnot punishable by imprisonment, or punishable by imprisonment for\n12 months or less:\n(a) section 23K (Persons under 18);\n(b) section 23V (Tape recording of confessions and admissions).\n","sortOrder":167},{"sectionNumber":"188","sectionType":"section","heading":"Police powers of entry","content":"188 Police powers of entry\nA police officer may enter premises, and may take the action that is\nnecessary and reasonable to prevent the commission or repetition of\nan offence or of a breach of the peace or to protect life or property—\n(a) when invited onto the premises by a person who is or is\nreasonably believed to be a resident of the premises for the\npurpose of giving assistance to a person on the premises who\nhas suffered, or is in imminent danger of suffering, physical\ninjury at the hands of some other person; or\n(b) under a warrant issued under section 189; or\n(c) in circumstances of seriousness and urgency, in accordance with\nsection 190.\n","sortOrder":168},{"sectionNumber":"189","sectionType":"section","heading":"Issue of warrant","content":"189 Issue of warrant\n(1) If a magistrate is satisfied, by information on oath, that—\n(a) there are reasonable grounds to suspect that a person on\npremises has suffered, or is in imminent danger of, physical\ninjury at the hands of another person and needs assistance to\nprevent, or deal with, the injury; and\n\n(b) a police officer has been refused permission to enter the\npremises for the purpose of giving assistance to the\nfirstmentioned person;\nthe magistrate may issue a warrant in writing authorising a police\nofficer, with the assistance that is necessary and reasonable and by\nthe force that is necessary and reasonable—\n(c) to enter the premises specified in the warrant at any time within\n24 hours after the issue of the warrant; and\n(d) subject to any conditions specified in the warrant, to take the\naction that is necessary to prevent the commission or repetition\nof an offence, physical injury to a person, or a breach of the\npeace or to protect life or property.\n(2) The police officer applying for a warrant shall give the further\ninformation about the grounds on which the warrant is sought, either\norally on oath or by affidavit, that the magistrate requires.\n","sortOrder":169},{"sectionNumber":"190","sectionType":"section","heading":"Entry in emergencies","content":"190 Entry in emergencies\nA police officer may enter premises where the officer believes on\nreasonable grounds that—\n(a) an offence or a breach of the peace is being or is likely to be\ncommitted, or a person has suffered physical injury or there is\nimminent danger of injury to a person or damage to property;\nand\n(b) it is necessary to enter the premises immediately for the purpose\nof preventing the commission or repetition of an offence,\nphysical injury to a person, or a breach of the peace or to protect\nlife or property.\n\n","sortOrder":170},{"sectionNumber":"191","sectionType":"section","heading":"Seizure of firearms—warrants and emergencies","content":"191 Seizure of firearms—warrants and emergencies\n(1) If a police officer enters premises under section 188 (Police powers\nof entry), section 189 (Issue of warrant) or section 190 (Entry in\nemergencies), the police officer may seize any firearm, any\nammunition for a firearm and any licence to possess or use a\nfirearm—\n(a) in or on those premises; or\n(b) in or on a motor vehicle under the control of a person who\nordinarily lives on those premises or is apparently connected\nwith the circumstances giving rise to the entry of the police\nofficer onto the premises;\nif the police officer has reasonable grounds for believing that the\nseizure is necessary to prevent the commission or repetition of an\noffence or of a breach of the peace or to protect life or property.\n(2) A firearm, ammunition or licence may be seized by a police officer\nunder subsection (1)—\n(a) despite the fact that the owner of the firearm, ammunition or\nlicence is unknown; or\n(b) irrespective of whether the owner of the firearm, ammunition or\nlicence is connected with the circumstances giving rise to the\nentry of the police officer onto the premises.\n(3) A police officer who is authorised under subsection (1) to seize a\nfirearm, ammunition or licence in or on premises or in or on a motor\nvehicle may search the premises or the motor vehicle for any firearm,\nammunition or licence and use the force that is reasonably necessary\nfor the purpose.\n\n(4) A firearm, ammunition or licence seized under subsection (1) must\nbe returned to the licensee at the end of 60 days after the seizure if,\nbefore the end of that period—\n(a) a prosecution for an offence arising out of circumstances in\nwhich a police officer has entered premises under section 188\n(Police powers of entry), section 189 (Issue of warrant) or\nsection 190 (Entry in emergencies) has not been instituted; or\n(b) an application for a protection order under the Family Violence\nAct 2016 has not been made.\n(5) However, a firearm, ammunition or licence seized under\nsubsection (1) must not be returned if the registrar would otherwise\nbe entitled under the Firearms Act 1996 to be in possession of the\nfirearm, ammunition or licence.\n(6) A word or expression used in the Firearms Act 1996 has the same\nmeaning in this section.\n","sortOrder":171},{"sectionNumber":"192","sectionType":"section","heading":"Seizure of firearms—protection orders","content":"192 Seizure of firearms—protection orders\n(1) In enforcing an order under a protection order provision, a police\nofficer may—\n(a) enter premises where the respondent named in the order is\nreasonably believed to be living or staying; and\n(b) seize any firearm, any ammunition and any licence to possess or\nuse a firearm—\n(i) in or on the premises; or\n(ii) in or on a motor vehicle under the control of someone who\nordinarily lives on the premises or is apparently connected\nwith the circumstances giving rise to the entry of the police\nofficer onto the premises.\n\n(2) A firearm, ammunition or licence may be seized by a police officer\nunder subsection (1)—\n(a) despite the fact that the owner of the firearm, ammunition or\nlicence is unknown; or\n(b) irrespective of whether the owner of the firearm, ammunition or\nlicence is connected with the circumstances giving rise to the\nentry of the police officer onto the premises.\n(3) A police officer who is authorised under subsection (1) to seize a\nfirearm, ammunition or licence in or on premises or in or on a motor\nvehicle may search the premises or the motor vehicle for any firearm,\nammunition or licence and use the force that is reasonably necessary\nfor the purpose.\n(4) Subsection (3) does not authorise a search at any time during the\nperiod commencing at 9 pm on a day and ending at 6 am on the\nfollowing day unless the police officer is satisfied that—\n(a) it would not be practicable to conduct the search at another time;\nor\ndestruction of the firearm, ammunition or licence.\n(5) If—\n(a) a firearm, ammunition or licence has been seized under\nsubsection (1) for the purpose of enforcing an order mentioned\nin that subsection; and\n(b) the licence has not been cancelled or suspended under a\nprotection order provision;\nthe firearm, ammunition or licence shall be returned to the licensee\nif—\n(c) the licensee produces to the registrar of firearms a certificate of\nthe registrar of the Magistrates Court to the effect that the order\nis no longer in force; and\n\n(d) the registrar of firearms is not aware of any other court orders in\nforce requiring the seizure of the firearm, ammunition or\nlicence; and\n(e) the registrar of firearms is not otherwise entitled under the\nFirearms Act 1996 to be in possession of the firearm,\nammunition or licence.\n(6) If a firearm is seized under subsection (1) and is not returned to the\nlicensee in accordance with subsection (5), for the Firearms Act 1996,\nsection 262, the firearm shall be taken to have been seized by a police\nofficer in accordance with that Act.\n(7) An expression that is used in this section and in the Firearms Act 1996\nhas, in this section, the same meaning as in that Act.\nprotection order provision means—\n(a) the Family Violence Act 2016, section 44 (Firearms licences); or\n(b) the Personal Violence Act 2016, section 36 (Interim orders—\nrespondent’s firearms) or section 37 (Final orders—\nrespondent’s firearms).\n","sortOrder":172},{"sectionNumber":"193","sectionType":"section","heading":"Power to conduct search of person for knife","content":"193 Power to conduct search of person for knife\n(1) Subject to subsection (2), if a police officer suspects on reasonable\ngrounds that a person who is in a public place or school has a knife in\nhis or her possession, the police officer may—\n(a) conduct a frisk search or an ordinary search of the person; and\n(b) seize any knife found as a result of the search.\n(2) A police officer may conduct a search of a person under\nsubsection (1) only if the police officer—\n(a) provides evidence to the person that he or she is a police officer,\nunless the police officer is in uniform; and\n\n(b) informs the person of the reason for the search.\n(3) As soon as practicable after a search has been conducted under\nsubsection (1), the police officer who conducted the search shall\nrecord the time, location and nature of the search.\n","sortOrder":173},{"sectionNumber":"194","sectionType":"section","heading":"When search warrants can be issued","content":"194 When search warrants can be issued\n(1) An issuing officer may issue a warrant to search premises if the\nofficer is satisfied by information on oath that there are reasonable\ngrounds for suspecting that there is, or there will be within the next\n72 hours, any evidential material at the premises.\n(2) An issuing officer may issue a warrant authorising an ordinary search\nor a frisk search of a person, including a person under 14 years old, if\nthe officer is satisfied by information on oath that there are reasonable\ngrounds for suspecting that the person possesses, or will within the\nnext 72 hours possess, any evidential material.\n(3) An issuing officer who receives an application to issue a warrant\nunder which a person under 14 years old may be searched, or may be\npresent at premises that may be searched—\n(a) must take into account the best interests of the person under\n14 years old when deciding whether to issue the warrant; and\n(b) if the officer decides to issue the warrant—may direct the person\napplying for the warrant to give notice before the warrant is\nexecuted to—\n(i) if the person under 14 years old is known to be an\nAboriginal or Torres Strait Islander child or young\nperson—the Aboriginal and Torres Strait Islander children\nand young people commissioner; or\n(ii) in any other case—the public advocate.\n\n(4) If the person applying for the warrant suspects that, in executing the\nwarrant, it will be necessary to use firearms, the person shall state that\nsuspicion, and the grounds for that suspicion, in the information.\n(5) If the person applying for the warrant knows or suspects that, in\nexecuting the warrant, a person under 14 years old may be searched\nor may be present at premises that may be searched, the person must\nstate that knowledge or suspicion, and the grounds for the knowledge\nor suspicion, in the information.\n(6) If the person applying for the warrant is a police officer and has, at\nany time previously, applied for a warrant relating to the same person\nor premises, the person shall state in the information particulars of\nthose applications and their outcome.\n(7) A warrant shall include statements of the following matters:\n(a) the offence to which the warrant relates;\n(b) a description of the warrant premises, or the name or description\nof the person to whom it relates;\n(c) the kinds of evidential material that are to be searched for under\nthe warrant;\n(d) the name of the police officer who is to be responsible for\nexecuting the warrant (unless he or she inserts in the warrant the\nname of another police officer);\n(e) the period, not exceeding 7 days, that the warrant remains in\nforce;\n(f) subject to subsection (11), the times when the search is\nauthorised.\n\n(8) For a warrant in relation to premises, the warrant shall state—\n(a) that the warrant authorises the seizure of a thing (other than\nevidential material of the kind referred to in subsection (7) (c))\nfound at the premises in the course of the search that the\n(ii) a thing relevant to another offence that is a serious offence;\nor\nreasonable grounds that seizure of the thing is necessary to\nprevent its concealment, loss or destruction or its use in\n(b) whether the warrant authorises an ordinary search or a frisk\nsearch of a person who is at or near the premises when the\nwarrant is executed if the executing officer or an assisting officer\nsuspects on reasonable grounds that the person has any\nevidential material or seizable items in his or her possession.\n\n(9) For a warrant to search a person, the warrant shall state—\n(a) that the warrant authorises the seizure of a thing (other than\nevidential material of the kind referred to in subsection (7) (c))\nfound, in the course of the search, on or in the possession of the\nperson or in a recently used conveyance, being a thing that the\n(ii) a thing relevant to another offence that is a serious offence;\nor\nreasonable grounds that seizure of the thing is necessary to\nprevent its concealment, loss or destruction or its use in\n(b) the kind of search of a person that the warrant authorises.\n(10) Subsection (7) (e) does not prevent the issue of successive warrants\nin relation to the same premises or person.\n(11) A warrant shall not be expressed to authorise a search at any time\nduring the period commencing at 9 pm on a day and ending at 6 am\non the following day unless the issuing officer is satisfied that—\n(a) it would not be practicable to conduct the search at another time;\nor\ndestruction of evidence relating to the offence.\n\n(12) If the application for the warrant is made under section 205, this\nsection applies as if—\n(a) subsections (1) and (2) referred to 48 hours rather than 72 hours;\nand\n(b) subsection (7) (e) referred to 48 hours rather than 7 days.\n","sortOrder":174},{"sectionNumber":"194A","sectionType":"section","heading":"Electronic versions of affidavits and warrants","content":"194A Electronic versions of affidavits and warrants\n(1) For section 194 (1) and (2), an information on oath may be given by—\n(a) giving the issuing officer an electronic version of an affidavit\nthat includes the signature of the person making the affidavit and\nthe signature of the person taking the affidavit; or\n(b) giving the issuing officer—\n(i) an electronic version of an affidavit that includes in any\nplace where a signature appears in the original affidavit,\nthe name of the person whose signature it is; and\n(ii) an undertaking that the person making the affidavit has\npossession of the original affidavit, signed in accordance\nwith law; or\n(c) giving the issuing officer—\n(i) an electronic version of an affidavit that includes the\nsignature of the person making the affidavit; and\n(ii) a statement, under oath by telephone or other electronic\naudiovisual means, by the person making the affidavit that\nevery statement in the affidavit is true.\nNote Oath includes affirmation (see Legislation Act, dict, pt 1).\n(2) For section 194 (1) and (2), a warrant may be issued by giving the\napplicant for the warrant an electronic version of the warrant.\n\n(3) For section 205 (Warrants by telephone or other electronic means)—\n(a) an issuing officer may complete and sign an electronic version\nof the warrant; and\n(b) if an issuing officer completes and signs an electronic version of\nthe warrant—\n(i) the applicant need not complete a form of warrant and give\nor transmit it to the issuing officer; but\n(ii) if the information required to be provided in the application\nwas not sworn, the applicant must give or transmit the\ninformation, duly sworn, to the issuing officer before the\nday after the warrant expired or was executed, whichever\nis the earlier.\n(4) For subsection (3), a warrant is taken to be signed by the issuing\nofficer if the issuing officer’s name is written in the place where the\nsignature is required.\n","sortOrder":175},{"sectionNumber":"195","sectionType":"section","heading":"The things that are authorised by search warrant","content":"195 The things that are authorised by search warrant\n(1) A warrant in force for the search of premises authorises the executing\nofficer or an assisting officer—\n(a) to enter the warrant premises and, if the premises are a\nconveyance, to enter the conveyance, wherever it is; and\n(b) to search for and record fingerprints found at the premises and\nto take samples of things found at the premises for forensic\npurposes; and\n(c) to search the premises for the kinds of evidential material\nspecified in the warrant, and to seize things of that kind found at\nthe premises; and\n\n(d) to seize other things found at the premises in the course of the\nsearch that the executing officer or an assisting officer believes\non reasonable grounds to be—\n(ii) evidential material in relation to any serious offence; or\nreasonable grounds that seizure of the things is necessary to\nprevent their concealment, loss or destruction or their use in\n(e) to seize other things found at the premises in the course of the\nsearch that the executing officer or an assisting officer believes\non reasonable grounds to be seizable items; and\n(f) if the warrant so allows—to conduct an ordinary search or a frisk\nsearch of a person at or near the premises if the executing officer\nor an assisting officer suspects on reasonable grounds that the\nperson has any evidential material or seizable items in his or her\npossession.\n(2) A warrant in force for the search of a person authorises the executing\nofficer or an assisting officer—\n(a) to search the person as specified in the warrant, things found in\nthe possession of the person and any recently used conveyance\nfor things of the kind specified in the warrant; and\n(b) to—\n(i) seize things of that kind; or\n(ii) record fingerprints from things; or\n\n(iii) to take forensic samples from things;\nfound in the course of the search; and\n(c) to seize other things found in the course of the search on, or in\nthe possession of, the person or in the conveyance that the\n(ii) a thing relevant to any serious offence; or\nreasonable grounds that seizure of the things is necessary to\nprevent their concealment, loss or destruction or their use in\n(d) to seize other things found in the course of the search that the\ngrounds to be seizable items.\n(3) If the warrant states that it may be executed only during particular\nhours, the warrant shall not be executed outside those hours.\n(4) If the warrant authorises an ordinary search or a frisk search of a\nperson, a search of the person different to that so authorised shall not\nbe done under the warrant.\n(5) If things are seized under a warrant, the warrant authorises the\nexecuting officer to make the things available to officers of other\nagencies if it is necessary to do so for the purpose of investigating or\nprosecuting an offence to which the things relate.\n\n","sortOrder":176},{"sectionNumber":"196","sectionType":"section","heading":"Availability of assistance and use of force in executing","content":"196 Availability of assistance and use of force in executing\nwarrant\nIn executing a warrant—\n(a) the executing officer may obtain the assistance that is necessary\nand reasonable in the circumstances; and\n(b) the executing officer, or a police officer assisting in executing\nthe warrant, may use the force against persons and things that is\nnecessary and reasonable in the circumstances; and\n(c) an assisting officer may use the force against things that is\nnecessary and reasonable in the circumstances.\n","sortOrder":177},{"sectionNumber":"197","sectionType":"section","heading":"Details of warrant to be given to occupier etc","content":"197 Details of warrant to be given to occupier etc\n(1) If a warrant in relation to premises is being executed and the occupier\nof the premises or another person who apparently represents the\noccupier is present at the premises, the executing officer or an\nassisting officer shall make available to that person a copy of the\n(2) If a warrant in relation to a person is being executed, the executing\nofficer or an assisting officer shall make available to that person a\ncopy of the warrant.\n(3) If a person is searched under a warrant in relation to premises, the\nexecuting officer or an assisting officer shall show the person a copy\nof the warrant.\n(4) The executing officer shall identify himself or herself to the person at\nthe premises or the person being searched.\n(5) The copy of the warrant referred to in subsections (1) and (2) need\nnot include the signature of the issuing officer or the seal of the\nrelevant court.\n\n","sortOrder":178},{"sectionNumber":"198","sectionType":"section","heading":"Specific powers available to police officers executing","content":"198 Specific powers available to police officers executing\nwarrant\n(1) In executing a warrant in relation to premises, the executing officer\nor an assisting officer may—\n(a) for a purpose incidental to the execution of the warrant; or\n(b) if the occupier of the premises consents in writing;\ntake photographs (including video recordings) of the premises or of\nthings at the premises.\n(2) If a warrant in relation to premises is being executed, the executing\nofficer and the assisting officers may, if the warrant is still in force,\ncomplete the execution of the warrant after all of them temporarily\ncease its execution and leave the premises—\n(a) for not more than 1 hour; or\n(b) for a longer period if the occupier of the premises consents in\nwriting.\n(a) the execution of a warrant is stopped by an order of a court; and\n(b) the order is later revoked or reversed on appeal; and\n(c) the warrant is still in force;\nthe execution of the warrant may be completed.\n","sortOrder":179},{"sectionNumber":"199","sectionType":"section","heading":"Use of equipment to examine or process things","content":"199 Use of equipment to examine or process things\n(1) The executing officer or an assisting officer may bring to warrant\npremises any equipment reasonably necessary for the examination or\nprocessing of things found at the premises, to determine whether they\nare things that may be seized under the warrant.\n\n(a) it is not practicable to examine or process them at the warrant\n(b) the occupier of the premises (or his or her representative)\nconsents in writing;\nthe things may be moved to another place for examination or\nprocessing to determine whether they are things that may be seized\nunder a warrant.\n(3) If things are moved to another place for the purpose of examination\nor processing under subsection (2), the executing officer shall, if\npracticable—\n(a) inform the occupier of the address of the place and the time\nwhen the examination or processing will be carried out; and\n(b) allow the occupier (or his or her representative) to be present\nduring the examination or processing.\n(4) The executing officer or an assisting officer may operate equipment\nalready at warrant premises to carry out the examination or\nprocessing of a thing found at the premises to determine whether it is\na thing that may be seized under the warrant if the officer believes on\nreasonable grounds that—\n(a) the equipment is suitable for the examination or processing; and\n(b) the examination or processing can be carried out without\ndamage to the equipment or the thing.\n","sortOrder":180},{"sectionNumber":"200","sectionType":"section","heading":"Use of electronic equipment at premises","content":"200 Use of electronic equipment at premises\n(1) The executing officer or an assisting officer may operate electronic\nequipment at warrant premises to see whether evidential material is\naccessible by doing so if the officer believes on reasonable grounds\nthat the operation of the equipment can be carried out without damage\nto the equipment.\n\n(2) If the executing officer or an assisting officer, after operating the\nequipment, finds that evidential material is accessible by doing so, the\nofficer may—\n(a) seize the equipment and any disk, tape or other associated\ndevice; or\n(b) if the material can, by using facilities at the premises, be put in\ndocumentary form—operate the facilities to put the material in\nthat form and seize the documents so produced; or\n(c) if the material can be transferred to a disk, tape or other storage\ndevice that—\n(i) is brought to the premises; or\n(ii) is at the premises and the use of which for the purpose has\nbeen agreed to in writing by the occupier of the premises;\noperate the equipment or other facilities to copy the material to\nthe storage device and take the storage device from the premises.\n(3) Equipment may only be seized under subsection (2) (a) if—\n(a) it is not practicable to put the material in documentary form\nunder subsection (2) (b) or to copy the material under\nsubsection (2) (c); or\n(b) possession by the occupier of the equipment could constitute an\n(4) If the executing officer or an assisting officer believes on reasonable\ngrounds that—\n(a) evidential material may be accessible by operating electronic\nequipment at the premises; and\n(b) expert assistance is required to operate the equipment; and\n\n(c) if he or she does not take action under this subsection, the\nmaterial may be destroyed, altered or otherwise interfered with;\nhe or she may do whatever is necessary to secure the equipment,\nwhether by locking it up, placing a guard or otherwise.\n(5) The executing officer or an assisting officer shall give notice to the\noccupier of the premises of his or her intention to secure the\nequipment and of the fact that the equipment may be secured for up\nto 24 hours.\n(6) The equipment may be secured—\n(a) for a period not exceeding 24 hours; or\n(b) until the equipment has been operated by the expert;\nwhichever happens first.\n(7) If the executing officer or assisting officer believes on reasonable\ngrounds that expert assistance will not be available within 24 hours,\nhe or she may apply to the issuing officer for an extension of that\nperiod.\n(8) The executing officer or assisting officer shall give notice to the\noccupier of the premises—\n(a) that the executing officer or assisting officer intends to apply for\nan extension under subsection (7); and\n(b) that the occupier is entitled to be heard in relation to the\napplication.\n(9) The occupier is entitled to be heard in relation to an application under\nsubsection (7).\n(10) This division applies to the issuing of an extension on an application\nunder subsection (7) in the same way as it applies to the issue of a\nwarrant, with necessary changes.\n\n","sortOrder":181},{"sectionNumber":"201","sectionType":"section","heading":"Compensation for damage to electronic equipment","content":"201 Compensation for damage to electronic equipment\n(a) damage is caused to equipment as a result of it being operated\nunder section 199 or 200; and\n(b) the damage resulted from—\n(i) insufficient care being exercised in selecting the person\nwho was to operate the equipment; or\n(ii) insufficient care being exercised by the person operating\nthe equipment;\ncompensation for the damage is payable to the owner of the\nequipment.\n(2) In determining the amount of compensation payable, regard is to be\nhad to whether the occupier of the premises or the occupier’s\nemployees or agents, if they were available at the time, had provided\nany warning or guidance as to the appropriate operation of the\nequipment in the circumstances.\n","sortOrder":182},{"sectionNumber":"202","sectionType":"section","heading":"Copies of seized things to be provided","content":"202 Copies of seized things to be provided\n(1) If a police officer seizes from warrant premises—\n(a) a document, film, computer file or other thing that can be readily\ncopied; or\n(b) a storage device the information in which can be readily copied;\nthe officer shall, if requested to do so by the occupier of the premises\n(or another person apparently representing the occupier), give a copy\nof the thing or the information to the occupier or that person as soon\nas practicable after the seizure.\n\n(2) Subsection (1) does not apply if—\n(a) the seized item was seized under section 200 (2) (b) or (c); or\n(b) possession by the occupier of the document, film, computer file,\nthing or information could constitute an offence.\n","sortOrder":183},{"sectionNumber":"203","sectionType":"section","heading":"Occupier entitled to be present during search","content":"203 Occupier entitled to be present during search\n(1) If a warrant in relation to premises is being executed and the occupier\nof the premises or another person who apparently represents the\noccupier is present at the premises, the person is, subject to the\nCommonwealth Crimes Act, part 1C entitled to observe the search\nbeing conducted.\n(2) The right to observe the search being conducted ceases if the person\nimpedes the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":184},{"sectionNumber":"204","sectionType":"section","heading":"Receipts for things seized under warrant","content":"204 Receipts for things seized under warrant\n(1) If a thing is seized under a warrant or moved under section 199 (2),\nthe executing officer or an assisting officer shall provide a receipt for\nthe thing.\n(2) If 2 or more things are seized or moved, they may be covered by a\nsingle receipt.\n","sortOrder":185},{"sectionNumber":"205","sectionType":"section","heading":"Warrants by telephone or other electronic means","content":"205 Warrants by telephone or other electronic means\n(1) A police officer may make an application to an issuing officer for a\nwarrant by telephone, fax or other electronic means—\n(a) in an urgent case; or\n(b) if the delay that would occur if an application were made in\nperson would frustrate the effective execution of the warrant.\n\n(2) The issuing officer may require communication by voice to the extent\nthat is practicable in the circumstances.\n(3) An application under this section shall include all information\nrequired to be provided in an ordinary application for a warrant, but\nthe application may, if necessary, be made before the information is\nsworn.\n(4) If an application is made to an issuing officer under this section and\nthe issuing officer, after considering the information and having\nreceived and considered the further information (if any) that the\nissuing officer required, is satisfied that—\n(a) a warrant in the terms of the application should be issued\nurgently; or\n(b) the delay that would occur if an application were made in person\nwould frustrate the effective execution of the warrant;\nthe issuing officer may complete and sign the same form of warrant\nthat would be issued under section 194.\n(5) If the issuing officer decides to issue the warrant, the issuing officer\nis to inform the applicant, by telephone, fax or other electronic means,\nof the terms of the warrant, the day and the time when it was signed.\n(6) The applicant shall then complete a form of warrant in terms\nsubstantially corresponding to those given by the issuing officer,\nstating on the form the name of the issuing officer, the day and the\ntime when the warrant was signed.\n(7) The applicant shall, not later than the day after the day of expiry of\nthe warrant or the day after the day when the warrant was executed,\nwhichever is the earlier, give or transmit to the issuing officer the\nform of warrant completed by the applicant and, if the information\nreferred to in subsection (3) was not sworn, that information duly\nsworn.\n(8) The issuing officer is to attach to the documents provided under\nsubsection (7) the form of warrant completed by the issuing officer.\n\nPowers to stop and search Division 10.4\n(9) If—\n(a) it is material, in any proceedings, for a court to be satisfied that\nthe exercise of a power under a warrant issued under this section\nwas duly authorised; and\n(b) the form of warrant signed by the issuing officer is not produced\nin evidence;\nthe court is to assume, unless the contrary is proved, that the exercise\nof the power was not duly authorised.\n","sortOrder":186},{"sectionNumber":"206","sectionType":"section","heading":"Restrictions on personal searches","content":"206 Restrictions on personal searches\nA warrant may not authorise a strip search or a search of a person’s\nbody cavities.\n","sortOrder":187},{"sectionNumber":"207","sectionType":"section","heading":"Stopping, searching and detaining people","content":"207 Stopping, searching and detaining people\n(1) This section applies if a police officer suspects, on reasonable\ngrounds, that—\n(a) a person is carrying, or otherwise has in his or her possession, a\nthing (the relevant thing) relevant to a serious offence or a thing\nstolen or otherwise unlawfully obtained; and\n(b) it is necessary to exercise a power under subsection (2) to\nprevent the thing from being concealed, lost or destroyed; and\n(c) it is necessary to exercise the power without the authority of a\nsearch warrant because the circumstances are serious and\nurgent.\n(a) stop and detain the person; and\n\n(b) conduct a frisk search or ordinary search of the person for the\nrelevant thing; and\n(c) seize the thing if the officer finds it.\n(3) If, in the course of searching for the relevant thing, the police officer\nfinds any evidential material, the officer may seize the material if the\nofficer suspects, on reasonable grounds, that—\n(a) it is necessary to seize it to prevent its concealment, loss or\ndestruction; and\n(b) it is necessary to seize it without the authority of a search\nwarrant because the circumstances are serious and urgent.\n(4) A frisk search under this section may only be carried out by a person\nof the same sex as the person being searched.\n(5) As soon as possible after exercising a power under subsection (2), the\npolice officer must make a written record of—\n(a) the date, time and place of exercising the power; and\n(b) details of its exercise; and\n(c) any details of the person known to the police officer; and\n(d) the grounds for suspecting the relevant matter mentioned in\nsubsection (1).\n(6) The police officer must exercise his or her powers under this section\nsubject to section 208.\n","sortOrder":188},{"sectionNumber":"208","sectionType":"section","heading":"How a police officer exercises a power under s 207","content":"208 How a police officer exercises a power under s 207\nIn exercising a power under section 207 in relation to a person, a\npolice officer must not detain the person for longer than is necessary\nand reasonable to conduct a frisk search or ordinary search of the\n\nPowers to stop and search Division 10.4\n","sortOrder":189},{"sectionNumber":"209","sectionType":"section","heading":"Stopping, searching and detaining conveyances","content":"209 Stopping, searching and detaining conveyances\n(1) This section applies if a police officer suspects, on reasonable\ngrounds, that—\n(a) a thing relevant to a serious offence or a thing stolen or\notherwise unlawfully obtained, is in or on a conveyance; and\n(b) it is necessary to exercise a power under subsection (2) to\nprevent the thing from being concealed, lost or destroyed; and\n(c) it is necessary to exercise the power without the authority of a\nsearch warrant because the circumstances are serious and\nurgent.\n(a) stop and detain the conveyance; and\n(b) search the conveyance and any container in or on the\nconveyance, for the relevant thing; and\n(c) seize the thing if he or she finds it there.\n(3) If, in the course of searching for the relevant thing, the police officer\nfinds any evidential material, the police officer may seize the material\nif he or she suspects, on reasonable grounds, that—\n(a) it is necessary to seize it to prevent its concealment, loss or\ndestruction; and\n(b) it is necessary to seize it without the authority of a search\nwarrant because the circumstances are serious and urgent.\n(4) The police officer shall exercise his or her powers under this section\nsubject to section 210.\n\n","sortOrder":190},{"sectionNumber":"210","sectionType":"section","heading":"How a police officer exercises a power under s 209","content":"210 How a police officer exercises a power under s 209\nIn exercising a power under section 209 in relation to a conveyance,\na police officer—\n(a) may use the assistance that is necessary; and\n(b) shall search the conveyance in a public place or in some other\nplace where members of the public have ready access; and\n(c) shall not detain the conveyance for longer than is necessary and\nreasonable to search it and any container found in or on the\nconveyance; and\n(d) may use the force that is necessary and reasonable in the\ncircumstances, but shall not damage the conveyance or any\ncontainer found in or on the conveyance by forcing open a part\nof the conveyance or container unless—\n(i) any person apparently in charge of the conveyance has\nbeen given a reasonable opportunity to open that part or\ncontainer; or\n(ii) it is not possible to give any such person that opportunity.\n","sortOrder":191},{"sectionNumber":"210A","sectionType":"section","heading":"Definitions—div 10.4A","content":"210A Definitions—div 10.4A\ncrime scene means a crime scene established under section 210E.\ncrime scene power means a power exercisable by a police officer\nunder section 210G.\nprivate premises means premises other than a public place.\nNote Premises includes a place or conveyance (see s 185).\n\n(a) an offence punishable by imprisonment for 5 years or longer; or\n(b) an offence arising out of the use of a motor vehicle that has\nresulted in the death or serious injury of a person; or\n(c) a family violence offence within the meaning of the Family\nViolence Act 2016; or\n(d) an offence in another jurisdiction that would be a serious offence\nif committed in the ACT.\n","sortOrder":192},{"sectionNumber":"210B","sectionType":"section","heading":"Meaning of public place—div 10.4A","content":"210B Meaning of public place—div 10.4A\n(1) In this division:\npublic place means—\n(a) public unleased land; or\n(b) premises to which the public, or a section of the public, has\naccess, whether by payment or not.\nExamples—public place\n• public library or cultural institution\n• government school or educational facility\n• public hospital or medical centre\n• vehicle used for public transport\n• public park or nature reserve\nNote Premises includes a place or conveyance (see s 185).\n(2) However, public place does not include—\n(a) public unleased land that a person is authorised to use under a\npublic unleased land permit; or\n\n(b) other premises that a person is authorised to use as a residence\nor for another private purpose.\nExamples—premises authorised for private purpose\n• retail shop\n• restaurant or hotel\n• private hospital or medical centre\n• private school or educational institution\n• place of worship\npublic unleased land—see the Public Unleased Land Act 2013,\nsection 8.\npublic unleased land permit—see the Public Unleased Land\nAct 2013, section 40.\n","sortOrder":193},{"sectionNumber":"210C","sectionType":"section","heading":"Establish crime scene—public place","content":"210C Establish crime scene—public place\nA police officer may establish a crime scene at a public place if the\npolice officer—\n(a) reasonably suspects that an offence punishable by a term of\nimprisonment has been or is being committed at the place or\nsomewhere else within or outside the ACT; and\n(b) considers that it is reasonably necessary to immediately\nestablish a crime scene at the public place to protect or preserve\nevidence relating to the offence.\n","sortOrder":194},{"sectionNumber":"210D","sectionType":"section","heading":"Establish crime scene—private premises","content":"210D Establish crime scene—private premises\n(1) A police officer may establish a crime scene at private premises if—\n(a) the police officer reasonably suspects that an offence punishable\nby a term of imprisonment has been or is being committed at the\npremises or somewhere else within or outside the ACT; and\n\n(b) the police officer considers that it is reasonably necessary to\nimmediately establish a crime scene at the premises to protect or\npreserve evidence relating to the offence; and\n(c) consent has been given by—\n(i) if the premises are occupied—the occupier of the premises;\nor\n(ii) if the premises are not occupied—the owner of the\npremises.\n(2) However, a police officer may establish a crime scene at private\npremises without consent if—\n(a) the police officer reasonably suspects that the offence is a\nserious offence; and\n(b) the police officer—\n(i) has made reasonable attempts to obtain the consent of—\n(A) if the premises are occupied—the occupier of the\n(B) if the premises are not occupied—the owner of the\n(ii) considers that it is reasonably necessary in the\ncircumstances to establish a crime scene without consent.\n(3) In seeking the consent of the owner or occupier of the premises, the\npolice officer must tell the owner or occupier—\n(a) if reasonably appropriate in the circumstances—the offence to\nwhich the crime scene relates; and\n(b) the expected duration of the crime scene.\n\n(4) If the police officer establishes the crime scene at the premises\nwithout consent, the officer must take reasonable steps to tell the\nowner or occupier—\n(a) that a crime scene has been established at the premises; and\n(b) if reasonably appropriate in the circumstances—the offence to\nwhich the crime scene relates; and\n(c) the expected duration of the crime scene.\n(5) For subsections (3) (a) and (4) (b), it is enough that the offence be\ndescribed in general terms and it is not necessary to describe the\noffence precisely or using technical language.\n","sortOrder":195},{"sectionNumber":"210E","sectionType":"section","heading":"When crime scene established","content":"210E When crime scene established\n(1) A crime scene is established at a place when—\n(a) if it is reasonably necessary to immediately start exercising\ncrime scene powers at the place—a police officer starts\nexercising the crime scene powers; or\n(b) in any other case—a police officer makes a record that a crime\nscene is established at the place.\n(2) If a crime scene is established under subsection (1) (a), a police\nofficer must make a record about the establishment of the crime scene\nas soon as practicable after it is established.\n(3) The record must include—\n(a) the day and time the crime scene is established; and\n(b) the place where the crime scene is established; and\n(c) the reason for establishing the crime scene.\n\n","sortOrder":196},{"sectionNumber":"210F","sectionType":"section","heading":"Senior police officer to be told about crime scene","content":"210F Senior police officer to be told about crime scene\n(1) As soon as practicable after a police officer establishes a crime scene,\nthe police officer must tell a senior police officer that the crime scene\nhas been established.\nsenior police officer means a police officer of or above the rank of\nsergeant.\n","sortOrder":197},{"sectionNumber":"210G","sectionType":"section","heading":"Crime scene powers","content":"210G Crime scene powers\n(1) This section applies to a place while a crime scene is in effect at the\nplace under section 210H.\n(2) A police officer may exercise any of the following powers if it is\nreasonably necessary to immediately exercise the power to protect or\npreserve evidence relating to the offence:\n(a) enter the place, or any part of the place;\n(b) enter any other premises to access the place;\n(c) control the movement of people or things at the place;\n(d) direct a person at the place to give the police officer the person’s\nname and home address;\n(e) if the police officer reasonably suspects a person possesses\nevidence removed from the place or has interfered with evidence\nat the place—detain, and conduct a frisk search or ordinary\nsearch of, the person;\n(f) do any of the following in relation to all or part of a thing that\nmight reasonably be evidence relevant to the commission of an\noffence:\n(i) cover the thing at the place;\n(ii) move the thing within the place;\n\n(iii) photograph and in any other appropriate way record the\nthing before anything is done with the thing under\nsubparagraphs (i) or (ii);\n(g) if the place is a conveyance—remove the conveyance from its\noriginal location and take it to a secure place.\nExamples—par (c)\n1 direct a person not to enter or to leave the place\n2 remove a person or thing from the place, or direct another person to remove\nthe person or thing\n3 prevent a person from interfering with or removing evidence from, or\notherwise obstructing an investigation at, the place\n(3) A power under subsection (2) includes the power to use reasonable\nand necessary force to do those things.\n","sortOrder":198},{"sectionNumber":"210H","sectionType":"section","heading":"Crime scene—duration","content":"210H Crime scene—duration\n(1) A crime scene takes effect when it is established at a place under\nsection 210E and continues in effect until the earliest of the following\nhas occurred:\n(a) if the crime scene is established at private premises—6 hours\nhave elapsed;\n(b) if the crime scene is established in relation to a conveyance\nmoved under section 210G (2) (g)—48 hours have elapsed;\n(c) the consent of the owner or occupier of the premises under\nsection 210D (1) to establish the crime scene (other than in\nrelation to a serious offence) is withdrawn;\n(d) a police officer starts executing a warrant to search the place;\n(e) an application for a warrant to search the place is refused;\n(f) it is no longer reasonably necessary to protect or preserve\nevidence at the place in relation to the offence.\n\n(2) However, a period of time mentioned in subsection (1) (a) or (b) does\nnot apply to a crime scene if the owner or occupier of the place\nconsents to the crime scene continuing in effect after the period of\ntime.\n","sortOrder":199},{"sectionNumber":"210I","sectionType":"section","heading":"Crime scene—frequency","content":"210I Crime scene—frequency\n(1) A crime scene must not be established at private premises in relation\nto an offence more than once in a 24-hour period.\n(2) However, a crime scene may be established at private premises for a\nsecond or subsequent time in a 24-hour period if the crime scene is\nestablished in relation to another offence arising out of a different\ncourse of conduct.\n","sortOrder":200},{"sectionNumber":"210J","sectionType":"section","heading":"Crime scene obligations—all places","content":"210J Crime scene obligations—all places\n(1) This section applies if a police officer—\n(a) gives a person a direction under section 210G (2) (c) or (d); or\n(b) proposes to detain and search a person at a place under\nsection 210G (2) (e).\n(2) The police officer or another officer must—\n(a) tell the person—\n(i) that a crime scene has been established; and\n(ii) if appropriate in the circumstances—the offence to which\nthe crime scene relates; and\n(b) if a direction is given to the person—give the person a\nreasonable opportunity to comply with the direction.\n(3) For subsection (2) (a) (ii), it is enough that the offence be described\nin general terms and it is not necessary to describe the offence\nprecisely or using technical language.\n\n","sortOrder":201},{"sectionNumber":"210K","sectionType":"section","heading":"Crime scene obligations—conveyances","content":"210K Crime scene obligations—conveyances\n(1) This section applies if a conveyance is removed from its original\nlocation and taken to a secure place under section 210G (2) (g).\n(2) A police officer must take reasonable steps to tell the owner of the\nconveyance—\n(a) that a crime scene has been established; and\n(b) that the conveyance has been removed from its original location;\nand\n(c) the secure place to which the conveyance has been taken.\n","sortOrder":202},{"sectionNumber":"210L","sectionType":"section","heading":"Offence—fail to comply with direction","content":"210L Offence—fail to comply with direction\n(a) is given a direction by a police officer under this division; and\n(2) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant was not given a reasonable\nopportunity to comply with the direction.\ns (2) (see Criminal Code, s 59).\n\n","sortOrder":203},{"sectionNumber":"211","sectionType":"section","heading":"Requirement to provide name etc","content":"211 Requirement to provide name etc\n(a) a police officer has reason to believe that an offence has been or\nmay have been committed; and\n(b) believes on reasonable grounds that a person may be able to\nassist him or her in inquiries in relation to that offence; and\n(c) the name or address (or both) of that person is unknown to the\nthe officer—\n(d) may request the person to provide his or her name or address (or\nboth) to the officer; and\n(e) if making such a request—shall inform the person of the reason\nfor the request.\n(2) If a police officer—\n(a) makes a request of a person under subsection (1); and\n(b) informs the person of the reason for the request; and\n(c) complies with subsection (3) if the person makes a request under\nthat subsection;\nthe person shall not, without reasonable excuse—\n(d) fail to comply with the request; or\n(e) give a name or address that is false in a material particular.\n(3) If a police officer who makes a request of a person under\nsubsection (1) is requested by the person to provide to the person—\n(a) his or her name or the address of his or her place of duty; or\n(b) his or her name and that address; or\n\n(c) if he or she is not in uniform and it is practicable for the police\nofficer to provide the evidence—evidence that he or she is a\npolice officer;\nthe police officer shall not—\n(d) fail to comply with the request; or\n(e) give a name or address that is false in a material particular.\n(4) As soon as possible after making such a request, the police officer\nshall make a written record of the grounds for his or her belief.\nMaximum penalty: $500.\n","sortOrder":204},{"sectionNumber":"212","sectionType":"section","heading":"Power of arrest without warrant by police officers","content":"212 Power of arrest without warrant by police officers\n(1) A police officer may, without warrant, arrest a person for an offence\nif the police officer suspects on reasonable grounds that—\n(a) the person has committed or is committing the offence; and\n(b) proceedings by summons against the person would not achieve\n1 or more of the following purposes:\n(i) ensuring the appearance of the person before a court in\nrespect of the offence;\n(ii) preventing a repetition or continuation of the offence or the\ncommission of another offence;\n(iii) preventing the concealment, loss or destruction of evidence\nrelating to the offence;\n(iv) preventing harassment of, or interference with, a person\nwho may be required to give evidence in proceedings in\nrespect of the offence;\n(v) preventing the fabrication of evidence in respect of the\n(vi) preserving the safety or welfare of the person.\n\n(2) A police officer may, without warrant, arrest a person for a family\nviolence offence if the police officer suspects on reasonable grounds\nthat the person has committed or is committing the offence.\n(a) a person has been arrested under subsection (1) or (2) in\nconnection with an offence; and\n(b) before the person is charged with the offence, the police officer\nin charge of the investigation into the offence does not have, or\nceases to have, reasonable grounds to suspect that—\n(i) the person committed the offence; or\n(ii) for a person arrested under subsection (1)—holding the\nperson in custody is necessary to achieve any of the\npurposes referred to in subsection (1) (b);\nthe person shall forthwith be released from custody in respect of\n(4) A police officer may, without warrant, arrest a person whom he or\nshe suspects on reasonable grounds has escaped from lawful custody\nto which the person is still liable in respect of an offence.\nfamily violence offence—see the Family Violence Act 2016,\n","sortOrder":205},{"sectionNumber":"213","sectionType":"section","heading":"Arrest without warrant in possession","content":"213 Arrest without warrant in possession\n(a) a warrant has been issued for the arrest of a person; and\n(b) a police officer encounters the person or is otherwise in a\nposition to arrest the person but is not carrying the warrant at the\ntime.\n\n(a) arrest the person; and\n(b) for a warrant for the arrest of a person for the commission of an\noffence—cause the person (and any property found in the\nperson’s possession) to be brought before a magistrate to be\ndealt with according to law.\nwarrant means an arrest warrant or a warrant of commitment issued\nunder a law of the Territory, the Commonwealth, a State or another\nTerritory.\n","sortOrder":206},{"sectionNumber":"214","sectionType":"section","heading":"Arrest of prisoner unlawfully at large","content":"214 Arrest of prisoner unlawfully at large\n(1) A police officer may, without warrant, arrest a person whom the\npolice officer suspects on reasonable grounds to be a prisoner\nunlawfully at large.\n(2) The police officer shall, as soon as practicable after the arrest, cause\nthe person to be brought before a magistrate.\n(3) If the magistrate is satisfied that the person is a prisoner unlawfully\nat large, the magistrate may issue a warrant—\n(a) authorising a police officer or corrections officer to take the\nperson to a correctional centre or other place of detention stated\nin the warrant; and\n(b) directing that the person, having been conveyed to that place in\naccordance with the warrant, be detained there to undergo the\nterm of imprisonment or other detention that the person is\nrequired by law to undergo.\n\nprisoner unlawfully at large means a person who is at large\n(otherwise than because the person has escaped from lawful custody)\nat a time when the person is required by law to be detained under a\nlaw of the Territory, a State, or another Territory.\n","sortOrder":207},{"sectionNumber":"217","sectionType":"section","heading":"Arrest without warrant for offences committed outside","content":"217 Arrest without warrant for offences committed outside\nACT\n(1) This section applies to an offence against the law of a State or another\nTerritory consisting of an act or omission which, if it occurred in the\nACT, would constitute a serious offence.\n(2) A police officer may, without warrant, at any hour of the day or night,\narrest a person whom he or she suspects on reasonable grounds to\nhave committed an offence to which this section applies.\n(3) If a police officer arrests a person under subsection (2), the officer\nshall cause the person to be brought before a magistrate as soon as is\npracticable.\n(4) If a person is brought before a magistrate under subsection (3), the\nmagistrate may—\n(a) discharge the person; or\n(b) commit the person to custody, or admit the person to bail,\npending—\n(i) the execution under a law of the Commonwealth of a\nwarrant for the person’s arrest; or\n(ii) the person’s discharge or release under subsection (7).\n(5) A police officer may exercise any power under this division in\nrelation to a person arrested under this section as if the person had\nbeen arrested and was being held in custody in relation to the\ncommission of an offence against a territory law.\n\n(6) If a person is committed to custody under this section and a warrant\nfor the person’s apprehension is subsequently presented for\nexecution, he or she shall be delivered in accordance with the terms\nof the warrant to the custody of the person executing it.\n(7) If—\n(a) a person is admitted to bail under this section; and\n(b) before the person has complied with conditions of that bail, a\nwarrant for his or her arrest is executed under a law of the\nCommonwealth;\nthe person is to be taken, at the time the warrant is executed, to be\nreleased from that bail and to have complied with the bail conditions,\nother than any condition with which the person had (before that time)\nfailed to comply without reasonable excuse.\n(8) If—\n(a) a person has been committed to custody or admitted to bail under\nthis section; and\n(b) a warrant for the arrest of the person is not executed within\n7 days after the person is committed to custody or admitted to\nbail;\na magistrate may, by order, discharge the person from custody or\nrelease the person from bail.\n(9) In this section:\nwarrant means a warrant issued under a law of the Territory, the\nCommonwealth, a State or another Territory, and includes a\nprovisional warrant.\n","sortOrder":208},{"sectionNumber":"218","sectionType":"section","heading":"Power of arrest without warrant by other persons","content":"218 Power of arrest without warrant by other persons\n(1) A person who is not a police officer may, without warrant, arrest\nanother person if he or she believes on reasonable grounds that the\nother person is committing or has just committed an offence.\n\n(2) A person who arrests another person under subsection (1) shall, as\nsoon as practicable after the arrest, arrange for the other person, and\nany property found on the other person, to be delivered into the\ncustody of a police officer.\n","sortOrder":209},{"sectionNumber":"219","sectionType":"section","heading":"Warrants for arrest","content":"219 Warrants for arrest\n(1) An issuing officer shall not issue a warrant for the arrest of a person\nfor an offence as a result of an information laid before the officer\n(a) the information is on oath; and\n(b) subject to subsection (3), the informant has given the issuing\nofficer an affidavit setting out the reasons why the warrant is\nsought, including the following reasons:\n(i) the reasons why it is believed that the person committed\nthe offence;\n(ii) the reasons why it is claimed that proceedings by summons\nwould not achieve 1 or more of the purposes set out in\nsection 212 (1) (b);\n(c) if the issuing officer has requested further information about the\nreasons for which the issue of the warrant is sought—that\ninformation has been provided to the officer; and\n(d) the issuing officer is satisfied that there are reasonable grounds\nfor the issue of the warrant.\n(2) If the issuinkg officer issues a warrant, he or she shall write on the\naffidavit which of the reasons specified in the affidavit, and any other\nreasons, the officer has relied on as justifying the issue of the warrant.\n(3) Subsection (1) (b) does not apply if the issuing officer is informed\nthat the warrant is sought for the purpose of making a request for the\nextradition of a person from a foreign country.\n\n(4) This section does not apply to the issue of a warrant under the Bail\nAct 1992, section 49 (2) (Failure to answer bail).\n","sortOrder":210},{"sectionNumber":"220","sectionType":"section","heading":"Power to enter premises to arrest offender","content":"220 Power to enter premises to arrest offender\n(1) Subject to subsection (3), if—\n(a) an officer has, under a warrant, power to arrest the person for an\n(b) the officer believes on reasonable grounds that the person is on\nany premises;\nthe police officer may enter the premises, using the force that is\nnecessary and reasonable in the circumstances, at any time of the day\nor night for the purpose of searching the premises for the person or\narresting the person.\n(2) Subject to subsection (3), if—\n(a) an officer has the power under section 212 to arrest the person\nwithout warrant for an offence; and\n(b) the offence is a relevant offence; and\n(c) the police officer believes on reasonable grounds that the person\nis on any premises;\nthe police officer may enter the premises, using the force that is\nnecessary and reasonable in the circumstances, at any time of the day\nor night for the purpose of searching the premises for the person or\narresting the person.\n(3) A police officer shall not enter a dwelling house under subsection (1)\nor (2) at any time during the period commencing at 9 pm on a day and\nending at 6 am on the following day unless the executing officer\nbelieves on reasonable grounds that—\n(a) it would not be practicable to arrest the person, either at the\ndwelling house or elsewhere, at another time; or\n\ndestruction of evidence relating to the offence.\ndwelling house includes a conveyance, and a room in a hotel, motel,\nboarding house or club, where people ordinarily sleep at night.\nrelevant offence means—\n(a) a serious offence; or\n(b) an offence against any of the following:\n(i) section 380 (Possession of offensive weapons and\ndisabling substances);\n(ii) section 381 (Possession of offensive weapons and\ndisabling substances with intent);\n(iii) the Criminal Code, section 321 (Minor theft).\n","sortOrder":211},{"sectionNumber":"221","sectionType":"section","heading":"Use of force in making arrest","content":"221 Use of force in making arrest\n(1) A person shall not, in the course of arresting another person for an\noffence, use more force, or subject the other person to greater\nindignity, than is necessary and reasonable to make the arrest or to\nprevent the escape of the other person after the arrest.\n(2) Without limiting the operation of subsection (1), a police officer shall\nnot, in the course of arresting a person for an offence do anything that\nis likely to cause the death of, or grievous bodily harm to, the person,\n(a) the officer believes on reasonable grounds that it is necessary to\ndo so to protect life or to prevent serious injury to the officer or\nanother person; and\n\n(b) if the person is attempting to escape arrest by fleeing—the\nperson has, if practicable, been called on to surrender and the\nofficer believes on reasonable grounds that the person cannot be\napprehended in any other way.\n","sortOrder":212},{"sectionNumber":"222","sectionType":"section","heading":"Persons to be informed of grounds of arrest","content":"222 Persons to be informed of grounds of arrest\n(1) A person who arrests another person for an offence shall inform the\nother person, at the time of the arrest, of the offence for which the\nother person is being arrested.\n(2) It is sufficient if the other person is informed of the substance of the\noffence, and it is not necessary that this be done in language of a\nprecise or technical nature.\n(3) Subsection (1) does not apply to the arrest of the other person if—\n(a) the other person should, in the circumstances, know the\nsubstance of the offence for which he or she is being arrested; or\n(b) the other person’s actions make it impracticable for the person\nmaking the arrest to inform the other person of the offence for\nwhich he or she is being arrested.\n","sortOrder":213},{"sectionNumber":"223","sectionType":"section","heading":"Power to conduct frisk search of arrested person","content":"223 Power to conduct frisk search of arrested person\n(1) A police officer who arrests a person for an offence, or who is present\nat such an arrest, may, if the police officer suspects on reasonable\ngrounds that it is prudent to do so to ascertain whether the person is\ncarrying any seizable items—\n(a) conduct a frisk search of the person at or soon after the time of\narrest; and\n(b) seize any seizable items found as a result of the search.\n(2) The police officer may arrange for another police officer to conduct\nthe frisk search if, having regard to section 240 (Conduct of ordinary\nsearches and frisk searches), the officer considers that it would be\nmore appropriate for the other officer to conduct the frisk search.\n\n(3) The other police officer is authorised—\n(a) to conduct the frisk search; and\n(b) to seize any seizable items found as a result of the search.\n","sortOrder":214},{"sectionNumber":"224","sectionType":"section","heading":"Power to conduct ordinary search of arrested person","content":"224 Power to conduct ordinary search of arrested person\n(1) If a police officer suspects on reasonable grounds that a person who\nhas been arrested is carrying—\n(b) a seizable item;\nthe police officer may conduct an ordinary search of the person at or\nsoon after the time of arrest, and seize any such thing found as a result\nof the search.\n(2) The police officer may arrange for another police officer to conduct\nthe ordinary search if, having regard to section 240 (Conduct of\nordinary searches and frisk searches), the officer considers that it\nwould be more appropriate for the other officer to conduct the frisk\nsearch.\n(3) The other police officer is authorised—\n(a) to conduct the ordinary search; and\n(b) to seize anything mentioned in subsection (1) found as a result\nof the search.\n","sortOrder":215},{"sectionNumber":"225","sectionType":"section","heading":"Power to conduct search of arrested person’s premises","content":"225 Power to conduct search of arrested person’s premises\nA police officer who arrests a person at premises for an offence, or\nwho is present at such an arrest, may seize things in plain view at\nthose premises that the police officer believes on reasonable grounds\nto be—\n(b) seizable items.\n\n","sortOrder":216},{"sectionNumber":"226","sectionType":"section","heading":"Power to conduct search at police station","content":"226 Power to conduct search at police station\n(a) a person has been brought to a police station following arrest for\nan offence; and\n(b) an ordinary search of the person has not been conducted;\na police officer may conduct an ordinary search of the person.\n(a) a person is in lawful custody in a police station; and\n(b) a police officer—\n(i) of the rank of sergeant or higher; or\n(ii) who is for the time being in charge of the police station;\nsuspects on reasonable grounds that it is prudent to do so to\nascertain whether the person is carrying any evidential material\nin relation to any offence or seizable items;\nthe police officer may cause a frisk search or an ordinary search of\nthe person to be conducted.\n(3) If a person is searched under this section and as a result of the search\nis found to be carrying—\n(b) a seizable item;\nthe police officer conducting the search may seize that thing.\n(4) If a person is searched under this section, the police officer who\nconducts or causes the search to be conducted shall make a record of\nthe reasons for the search and of the type of search.\n\n","sortOrder":217},{"sectionNumber":"227","sectionType":"section","heading":"Power to conduct strip search","content":"227 Power to conduct strip search\n(1) Subject to this section, if a person arrested for an offence is brought\nto a police station, a police officer may conduct a strip search of the\n(2) A strip search may be conducted if—\n(a) a police officer suspects on reasonable grounds that the person\nhas in his or her possession—\n(i) evidential material in relation to that or another offence; or\n(ii) a seizable item; or\n(b) the police officer suspects on reasonable grounds that a visual\ninspection of the person’s body will provide evidence of the\nperson’s involvement in an offence;\nand—\n(c) the police officer suspects on reasonable grounds that it is\nnecessary to conduct a strip search of the person to recover that\nthing or to discover that evidence; and\n(d) a police officer of the rank of superintendent or higher has\napproved the conduct of the search.\n(3) Subject to section 228, a strip search may also be conducted if the\nperson consents in writing.\n(4) Subject to section 228, a strip search may be conducted in the\npresence of a medical practitioner who may assist in the search.\n(5) The approval may be obtained by telephone, fax or other electronic\nmeans.\n(6) A police officer who gives or refuses to give an approval under\nsubsection (2) (d) shall make a record of the decision and of the\nreasons for the decision.\n\n(7) The force that is necessary and reasonable in the circumstances may\nbe used to conduct a strip search under subsection (2).\n(8) Any item of a kind referred to in subsection (2) (a) that is found during\na strip search may be seized.\n","sortOrder":218},{"sectionNumber":"228","sectionType":"section","heading":"Rules for conduct of strip search","content":"228 Rules for conduct of strip search\n(1) A strip search—\n(a) shall be conducted in a private area; and\n(b) subject to subsection (6), shall be conducted by a police officer\nwho is of the same sex as the person being searched; and\n(c) subject to subsections (3) and (4), shall not be conducted in the\npresence or view of a person who is of the opposite sex to the\nperson being searched; and\n(d) shall not be conducted in the presence or view of a person whose\npresence is not necessary for the purposes of the search; and\n(e) shall not be conducted on a person who is under the age of\ncriminal responsibility; and\n(f) if the person being searched is not under the age of criminal\nresponsibility for the offence for which the person is arrested but\nis under 18 years old, or is incapable of managing his or her\naffairs—\n(i) may only be conducted if the person has been arrested and\ncharged or if a court orders that it be conducted; and\n(ii) shall be conducted in the presence of a parent or guardian\nof the person being searched or, if that is not acceptable to\nthe person, in the presence of another person (other than a\npolice officer) who is capable of representing the interests\nof the person and who, as far as is practicable in the\ncircumstances, is acceptable to the person; and\n(g) shall not involve a search of a person’s body cavities; and\n\n(h) shall not involve the removal of more garments than the police\nofficer conducting the search believes on reasonable grounds to\nbe necessary to determine whether the person has in his or her\npossession the item searched for or to establish the person’s\ninvolvement in the offence; and\n(i) shall not involve more visual inspection than the police officer\nbelieves on reasonable grounds to be necessary to establish the\nperson’s involvement in the offence.\n(2) In deciding whether to make an order referred to in subsection (1) (f),\nthe court shall have regard to—\n(a) the seriousness of the offence; and\n(b) the age or any disability of the person; and\n(c) any other matters the court thinks fit.\n(3) A strip search may be conducted in the presence of a medical\npractitioner of the opposite sex to the person searched if a medical\npractitioner of the same sex as the person being searched is not\navailable within a reasonable time.\n(4) Subsection (1) (c) does not apply to a parent, guardian or personal\nrepresentative of the person being searched if the person being\nsearched has no objection to the person being present.\n(5) If any of a person’s garments are seized as a result of a strip search,\nthe person shall be provided with adequate clothing.\n(6) If a strip search of a person is to be conducted and no police officer\nof the same sex as that person is available to conduct the search, any\nother person—\n(a) of the same sex as the person to be searched; and\n(b) who has been requested to conduct the search by a police officer;\nmay conduct the search.\n\n(7) No action or proceeding, civil or criminal, lies against a person who\nconducts a strip search under a request under subsection (6) in respect\nof a strip search that would have been lawful if conducted by a police\nofficer.\n","sortOrder":219},{"sectionNumber":"229","sectionType":"section","heading":"Safekeeping of things seized","content":"229 Safekeeping of things seized\n(1) A police officer who seizes a thing as a result of searching a person\nin lawful custody under this division shall—\n(a) make a record of the thing seized, including a description of it\nand the date when it was seized; and\n(b) give the thing seized and the record of it to the police officer for\nthe time being in charge of the police station where the person\nwas searched.\n(2) A police officer for the time being in charge of a police station is\nresponsible for the safekeeping of any thing seized as a result of a\nsearch of a person in lawful custody under this part conducted at that\nplace.\n(3) A police officer who has responsibility for the safekeeping of a thing\nunder subsection (2) shall, on release of the person from whom it was\nseized, take reasonable steps to return the thing to that person or to\nthe owner of the thing if that person is not entitled to possession,\nunless the thing affords evidence in relation to an offence.\n(4) If a thing is not returned to the person from whom it was seized or the\nowner under subsection (3), the police officer responsible for the\nsafekeeping of the thing shall—\n(a) make a note on the record made under subsection (1) (a)\nindicating the thing has been retained; and\n(b) take reasonable steps to give a copy of that record to the person\nfrom whom the thing was seized.\n\n","sortOrder":220},{"sectionNumber":"230","sectionType":"section","heading":"Identification material—person at least 18 years old","content":"230 Identification material—person at least 18 years old\n(1) A police officer may take identification material from a person who\nis at least 18 years old, not in police custody for an offence, and not\nin an impaired state, only if the person consents in writing.\n(2) A police officer may take identification material from a person who\nis at least 18 years old, not in police custody for an offence, and in an\nimpaired state, only if—\n(a) a magistrate orders that the material be taken from the person;\nand\n(b) the material is taken—\n(i) with a parent or guardian, or the domestic partner, of the\nperson present if—\n(A) it is practicable for a parent or guardian, or the\ndomestic partner, of the person to be present; and\n(B) the person does not object to the parent, guardian or\ndomestic partner being present; or\n(ii) if it is not practicable for, or the person objects to, the\nparent, guardian or domestic partner of the person being\npresent when the material is taken—with another person\npresent (other than a police officer) who is capable of\nrepresenting the interests of the person and who, as far as\npracticable in the circumstances, is acceptable to the\n(3) A police officer may take identification material from a person who\nis at least 18 years old and in police custody for an offence only if—\n(a) the officer is an officer of or above the rank of sergeant, or is the\nofficer in charge of a police station at which the person is in\ncustody; and\n\n(b) any of the following apply:\n(i) if the person is not in an impaired state—the person\nconsents, in writing, to the material being taken;\n(ii) the material is limited to a print of the person’s fingers or a\nphotograph of the person (or both);\n(iii) either—\n(A) the officer believes on reasonable grounds that taking\nthe material is necessary to identify the person, or\nidentify the person as having committed the offence\nfor which the person is in police custody; or\n(B) the officer suspects on reasonable grounds that the\nperson has committed another offence and that the\nmaterial is likely to identify the person as having\ncommitted the other offence.\nNote Words in the singular number include the plural (see Legislation Act,\ns 145 (b)).\n(4) A police officer (the applicant) may apply to a magistrate for an order\nallowing identification material to be taken from a person under\nsubsection (2) if either of the following apply (the grounds for the\napplication):\n(a) the applicant believes on reasonable grounds that taking the\nmaterial is necessary to identify the person;\n(b) the applicant suspects on reasonable grounds that taking the\nmaterial is necessary to identify the person as having committed\na stated offence.\n(5) The application must be made—\n(a) in person; or\n\n(b) if it is not practicable for the applicant to make the application\nin person—by telephone, fax, email or any other means of\ncommunication.\n(6) The application must—\n(b) be sworn on oath; and\nNote Oath includes affirmation and swear an oath includes make an\naffirmation (see Legislation Act, dict, pt 1).\n(c) state—\n(i) the name, age and home address of the person from whom\nidentification material would be taken (if known); and\n(ii) the material that would be taken; and\n(iii) the facts in support of the application; and\n(iv) the grounds for the application; and\n(v) the nature of the person’s impairment; and\n(vi) any other information requested by the magistrate; and\n(d) include any other information prescribed by regulation.\n(7) A magistrate must not make an order allowing identification material\nto be taken from a person under this section unless the magistrate is\nsatisfied that the information is reasonably necessary to identify the\nperson, or identify the person as having committed the stated offence.\n(8) A police officer may use force that is necessary and reasonable in the\ncircumstances to take identification material from a person under this\n(9) If a police officer is required to use force to take identification\nmaterial from a person under this section (the forceful taking), the\npolice officer must ensure that the forceful taking is recorded by a\nvideo recording.\n\n","sortOrder":221},{"sectionNumber":"230A","sectionType":"section","heading":"Identification material—person under 18 years old","content":"230A Identification material—person under 18 years old\n(1) A police officer may take identification material from a person who\nis under 18 years old and not in police custody for an offence, or under\n16 years old and in police custody for an offence, only if a magistrate\norders that the material may be taken from the person.\n(2) A police officer may take identification material from a person who\nis at least 16 years old but under 18 years old, and in police custody\nfor an offence, only if—\n(a) the officer is an officer of or above the rank of sergeant, or is the\nofficer in charge of a police station at which the person is in\ncustody; and\n(b) the offence was allegedly committed by the person at a time\nwhen the person was at least 16 years old; and\n(c) either—\n(i) the officer believes on reasonable grounds that taking the\nmaterial is necessary to identify the person, or identify the\nperson as having committed the offence for which the\nperson is in police custody; or\n(ii) the officer suspects on reasonable grounds that the person\nhas committed another offence and that the material is\nlikely to identify the person as having committed the other\n(d) either—\n(i) the person is not in an impaired state; or\n(ii) if the person is in an impaired state—a magistrate orders\nthat the material may be taken from the person.\n\n(3) Before taking identification material from a person who is not in an\nimpaired state, a police officer must tell the person—\n(a) that the information is about to be taken from the person in\naccordance with this section; and\n(b) if the material is being taken for the purpose of identifying the\nperson—that the material is being taken to identify the person;\nand\n(c) if the material is being taken for the purpose of identifying the\nperson as having committed an offence—\n(i) the offence allegedly committed by the person; and\n(ii) that the identification material may be used in evidence in\nproceedings in relation to the offence; and\n(d) if subsection (1) applies—whether a magistrate has ordered that\nthe material may be taken.\n(4) A police officer (the applicant) may apply to a magistrate for an order\nallowing identification material to be taken from a person under\n18 years old if any of the following apply (the grounds for the\napplication):\n(a) if the person is in police custody—\n(i) the applicant believes on reasonable grounds that taking\nthe material is necessary to identify the person, or identify\nthe person as having committed the offence for which the\nperson is in police custody; or\n(ii) the applicant suspects on reasonable grounds that the\nperson has committed another offence and that the material\nis likely to identify the person as having committed the\nother offence;\n\n(b) if the person is not in police custody—\n(i) the applicant believes on reasonable grounds that taking\nthe material is necessary to identify the person; or\n(ii) the applicant suspects on reasonable grounds that taking\nthe material is necessary to identify the person as having\ncommitted a stated offence.\n(5) The application must be made—\n(a) in person; or\n(b) if it is not practicable for the applicant to make the application\nin person—by telephone, fax, email or any other means of\ncommunication.\n(6) The application must—\n(b) be sworn on oath; and\nNote Oath includes affirmation and swear an oath includes make an\naffirmation (see Legislation Act, dict, pt 1).\n(c) state—\n(i) the name, age and home address of the person from whom\nidentification material would be taken (if known); and\n(ii) the material that would be taken; and\n(iii) the facts in support of the application; and\n(iv) the grounds for the application; and\n(v) if the person is in an impaired state—the nature of the\nperson’s impairment; and\n(vi) any other information requested by the magistrate; and\n(d) include any other information prescribed by regulation.\n\n(7) A magistrate must not make an order allowing identification material\nto be taken from a person under this section unless the magistrate is\nsatisfied that the information is reasonably necessary to identify the\nperson, or identify the person as having committed the offence for\nwhich the person is in custody, the other offence or the stated offence.\n(8) Before giving an explanation mentioned in subsection (3) to a person,\nor taking identification material from a person in accordance with this\nsection, a police officer involved with giving the explanation or\ntaking the material must—\n(a) allow someone with parental responsibility for the person to be\npresent when the explanation is given or the material is taken\nif—\n(i) it is practicable for a person with parental responsibility to\nbe present; and\n(ii) the person does not object to the person with parental\nresponsibility being present; or\n(b) if it is not practicable for, or the person objects to, someone with\nparental responsibility for the person being present when the\nexplanation is given or the material is taken—\n(i) allow an interview friend for the person to be present when\nthe explanation is given or the material is taken; and\n(ii) as soon as practicable after the explanation is given or the\nmaterial is taken, take reasonable steps to tell someone\nwith parental responsibility for the person about the action\ntaken.\n(9) A police officer may use force that is necessary and reasonable in the\ncircumstances to take identification material from a person under this\n\n(10) If a police officer is required to use force to take identification\nmaterial from a person under this section (the forceful taking), the\npolice officer must ensure that the forceful taking is recorded by a\nvideo recording.\n(11) In this section:\ninterview friend, for a person, means an adult chosen by, or\nacceptable to, the person, other than someone with parental\nresponsibility for the person.\nparental responsibility, for a person, means all the duties, powers,\nresponsibilities and authority parents ordinarily have by law in\nrelation to their children.\n","sortOrder":222},{"sectionNumber":"231","sectionType":"section","heading":"Destruction of identification material","content":"231 Destruction of identification material\n(a) identification material is taken under section 230 or\nsection 230A; and\n(b) a period of 12 months has elapsed since the material was taken;\nand\n(c) proceedings in respect of an offence to which the identification\nmaterial relates have not been instituted or have been\ndiscontinued;\nthe material shall be destroyed as soon as practicable.\n(2) If identification material has been taken from a person under\nsection 230 or section 230A and—\n(a) the person is found to have committed an offence to which the\nidentification material relates, but no conviction is recorded; or\n(b) the person is acquitted of such an offence and—\n(i) no appeal is lodged against the acquittal; or\n\n(ii) an appeal is lodged against the acquittal and the acquittal\nis confirmed or the appeal is withdrawn;\nthe identification material shall be destroyed as soon as practicable,\nunless an investigation or proceedings in relation to another offence\nto which the identification material relates is pending.\n(3) On application by a police officer, a magistrate may, if satisfied that\nthere are special reasons for doing so in relation to particular\nidentification material, extend—\n(a) the period of 12 months referred to in subsection (1); or\n(b) that period as previously extended under this subsection.\n","sortOrder":223},{"sectionNumber":"232","sectionType":"section","heading":"Offence—refusing to allow fingerprint or photo to be","content":"232 Offence—refusing to allow fingerprint or photo to be\ntaken\n(1) If a person is convicted of an offence, the judge or magistrate\npresiding at the proceedings where the person was convicted may\norder—\n(a) the person to attend a police station; or\n(b) that a police officer be permitted to attend on the person in a\nplace of detention;\nwithin 1 month after the conviction to allow impressions of the\nperson’s fingerprints or a photograph of the person to be taken in\naccordance with the order.\n(2) A person shall not, without reasonable excuse, fail to allow\nimpressions or a photograph to be taken under an order under\nsubsection (1).\nMaximum penalty: $10 000, imprisonment for 12 months or both.\n\n","sortOrder":224},{"sectionNumber":"233","sectionType":"section","heading":"Identification parades—general","content":"233 Identification parades—general\n(1) This section applies to identification parades held in relation to\noffences.\n(2) Subject to subsection (3) and to section 234, an identification\nparade—\n(a) may be held if the suspect agrees; or\n(b) shall be held if—\n(i) the suspect has requested that an identification parade be\nheld; and\n(ii) it is reasonable in the circumstances to do so.\n(3) An identification parade shall not be held unless the suspect has been\ninformed that—\n(a) he or she is entitled to refuse to take part in the parade; and\n(b) if he or she refuses to take part in the parade without reasonable\nexcuse, evidence of that refusal and of any identification of the\nsuspect by a witness as a result of having seen a photograph or\nof having seen the suspect otherwise than during an\nidentification parade may be given in any subsequent\nproceedings in relation to an offence; and\n(c) in addition to any requirement under section 234, a legal\nrepresentative or other person of the suspect’s choice may be\npresent while the person is deciding whether to take part in the\nparade, and during the holding of the parade, if arrangements for\nthat person to be present can be made within a reasonable time.\n(4) The giving of the information referred to in subsection (3) shall be\nrecorded by a video recording or an audio recording.\n(5) An identification parade shall be arranged and conducted in a way\nthat will not unfairly prejudice the suspect.\n\n(6) Without limiting the intent of subsection (5), an identification parade\nshall be arranged and conducted in accordance with the following\nrules:\n(a) the parade shall consist of at least 9 persons;\n(b) each of the persons who is not the suspect shall—\n(i) resemble the suspect in age, height and general appearance;\nand\n(ii) not have features that will be visible during the parade that\nare markedly different from those of the suspect as\ndescribed by the witness before viewing the parade;\n(c) unless it is impracticable for another police officer to arrange or\nconduct the parade, no police officer who has taken part in the\ninvestigation relating to the offence may take part in the\narrangements for, or the conduct of, the parade;\n(d) no person in the parade is to be dressed in a way that would\nobviously distinguish him or her from the other participants;\n(e) if it is practicable to do so, numbers should be placed next to\neach participant to allow the witness to make an identification\nby indicating the number of the person identified;\n(f) the parade may take place so that the witness can view the\nparade without being seen if the witness requests that it take\nplace in that way and—\n(i) a legal representative or other person of the suspect’s\nchoice is present with the witness; or\n(ii) the parade is recorded by a video recording;\n(g) nothing is to be done that suggests or is likely to suggest to a\nwitness which member of the parade is the suspect;\n\n(h) if the witness so requests—members of the parade may be\nrequired to speak, move or adopt a specified posture but, if this\nhappens, the witness shall be reminded that the members of the\nparade have been chosen on the basis of physical appearance\nonly;\n(i) the suspect may select where he or she wishes to stand in the\nparade;\n(j) if more than 1 witness is to view the parade—\n(i) each witness shall view the parade alone; and\n(ii) the witnesses are not to communicate with each other at a\ntime after arrangements for the parade have commenced\nand before each of them has viewed the parade; and\n(iii) the suspect may change places in the parade after each\nviewing;\n(k) each witness shall be told that—\n(i) the suspect may not be in the parade; and\n(ii) if he or she is unable to identify the suspect with reasonable\ncertainty he or she shall say so;\n(l) the parade shall be recorded by a video recording if it is\npracticable to do so and, if that is done, a copy of the video\nrecording shall be made available to the suspect or his or her\nlegal representative as soon as it is practicable to do so;\n(m) if the parade is not recorded by a video recording—\n(i) the parade shall be photographed in colour; and\n(ii) a print of a photograph of the parade that is at least\n250mm x 200mm in size shall be made available to the\nsuspect or his or her legal representative; and\n\n(iii) the police officer in charge of the parade shall take all\nreasonable steps to record everything said and done at the\nparade and shall make a copy of the record available to the\nsuspect or his or her legal representative;\n(n) the suspect may have present during the holding of the parade a\nlegal representative or other person of his or her choice if\narrangements for that person to be present can be made within a\nreasonable time.\n(7) The following questions are to be decided according to the common\nlaw:\n(a) whether or not evidence of a suspect having refused to take part\nin an identification parade is admissible;\n(b) if evidence of the refusal is admissible—what inferences (if any)\nmay be drawn by a court or jury from the refusal;\n(c) whether, after such a refusal, evidence of alternative methods of\nidentification is admissible.\n(8) If a witness is, under the supervision of a police officer, to attempt to\nidentify a suspect otherwise than during an identification parade, the\npolice officer shall ensure that the attempted identification is done in\na way that is fair to the suspect.\n","sortOrder":225},{"sectionNumber":"234","sectionType":"section","heading":"Identification parades for suspects under 18 etc","content":"234 Identification parades for suspects under 18 etc\n(1) An identification parade must not be held for a suspect who is under\nthe age of criminal responsibility.\n(2) An identification parade must not be held for a suspect who is\nincapable of managing his or her affairs unless a court orders that it\nbe held.\n(3) An identification parade must not be held for a suspect who—\n(a) is not under the age of criminal responsibility for the offence for\nwhich the person is suspected, but under 18 years old; and\n\n(b) is capable of managing his or her affairs;\nunless 1 of the following paragraphs applies:\n(c) the suspect agrees to or requests in writing the holding of the\nparade and a parent or guardian of the suspect agrees in writing\nto the holding of the parade or, if the parent or guardian is not\nacceptable to the suspect, another person (other than a police\nofficer) who is capable of representing the interests of the\nsuspect and who, as far as is practicable in the circumstances, is\nacceptable to the suspect agrees in writing to the holding of the\nparade;\n(d) if—\n(i) 1 of those persons agrees in writing to the holding of the\nparade but the other does not; and\n(ii) a court orders that the parade be held.\n(4) In deciding whether to make an order under subsection (2) or (3), the\ncourt shall have regard to—\n(a) the seriousness of the offence; and\n(b) the age or any disability of the person; and\n(c) any other matters as the court thinks fit.\n(5) An identification parade for a suspect who is under 18 or who is\nincapable of managing his or her affairs shall be held in the presence\nof—\n(a) a parent or guardian of the suspect; or\n(b) if the parent or guardian is not acceptable to the suspect—\nanother person (other than a police officer) who is capable of\nrepresenting the interests of the suspect and who, as far as is\npracticable in the circumstances, is acceptable to the suspect.\n\n","sortOrder":226},{"sectionNumber":"235","sectionType":"section","heading":"Identification by means of photographs","content":"235 Identification by means of photographs\n(1) If a suspect is in custody in respect of an offence or is otherwise\navailable to take part in an identification parade, a police officer\ninvestigating the offence shall not show photographs, or composite\npictures or pictures of a similar kind, to a witness for the purpose of\nestablishing, or obtaining evidence of, the identity of the suspect\n(a) the suspect has refused to take part in an identification parade;\nor\n(b) the holding of an identification parade would be—\n(i) unfair to the suspect; or\n(ii) unreasonable in the circumstances.\n(2) If a police officer investigating an offence shows photographs or\npictures to a witness for the purpose of establishing, or obtaining\nevidence of, the identity of a suspect, whether or not the suspect is in\ncustody, the following rules apply:\n(a) the police officer shall show to the witness photographs or\npictures of at least 9 different persons;\n(b) each photograph or picture of a person who is not the suspect\nshall be of a person who—\n(i) resembles the suspect in age and general appearance; and\n(ii) does not have features visible in the photograph or picture\nthat are markedly different from those of the suspect as\ndescribed by the witness before viewing the photographs\nor pictures;\n(c) the police officer shall not, in doing so, act unfairly towards the\nsuspect or suggest to the witness that a particular photograph or\npicture is the photograph or picture of the suspect or of a person\nwho is being sought by the police in respect of an offence;\n\n(d) if practicable, the photograph or picture of the suspect shall have\nbeen taken or made after he or she was arrested or was\nconsidered as a suspect;\n(e) the witness shall be told that a photograph or picture of the\nsuspect may not be amongst those being seen by the witness;\n(f) the police officer shall keep, or cause to be kept, a record\nidentifying each photograph or picture that is shown to the\nwitness;\n(g) the police officer shall notify the suspect or his or her legal\nrepresentative in writing that a copy of the record is available\nfor the suspect;\n(h) the police officer shall retain the photographs or pictures shown,\nand shall allow the suspect or his or her legal representative, on\napplication, an opportunity to inspect the photographs or\npictures.\n(a) a photograph or picture of a person who is suspected in relation\nto the commission of an offence is shown to a witness; and\n(b) the photograph was taken or the picture made after the suspect\nwas arrested or was considered to be a suspect; and\n(c) proceedings in relation to the offence referred to in paragraph (a)\nor another offence arising out of the same course of conduct for\nwhich the photograph was taken or picture made are brought\nagainst the suspect before a jury; and\n(d) the photograph or picture is admitted into evidence;\nthe jury shall be informed that the photograph was taken or the picture\nmade after the suspect was arrested or was considered as a suspect.\n\n(4) If a suspect is in custody in respect of an offence, a police officer\ninvestigating the offence shall not show a composite picture or a\npicture of a similar kind to a witness for the purpose of assisting the\nwitness to describe the features of the suspect.\n(5) If, after a police officer investigating an offence has shown to a\nwitness a composite picture or a picture of a similar kind for the\npurpose referred to in subsection (4)—\n(a) a suspect comes into custody in respect of the offence; and\n(b) an identification parade is to be held in relation to the suspect;\nthe police officer in charge of the investigation of the offence may,\nunless doing so would be unfair to the suspect or be unreasonable in\nthe circumstances, request the witness to attend the identification\nparade and make the necessary arrangements for the witness to attend.\n(6) If, after the witness has been shown a composite picture or a picture\nof a similar kind for the purpose referred to in subsection (4), a person\nis charged with the offence, the police officer in charge of\ninvestigating the offence shall, on application by that person or his or\nher legal representative, provide him or her with particulars of any\nsuch picture shown to the witness and the comments (if any) of the\nwitness about the picture.\n(7) If a suspect is in custody in respect of an offence and a police officer\ninvestigating the offence wishes to investigate the possibility that a\nperson other than the suspect committed the offence, subsection (4)\ndoes not prevent a police officer from taking action referred to in that\nsubsection for the purpose of assisting a witness to describe the\nfeatures of a person other than the suspect.\n\n","sortOrder":227},{"sectionNumber":"236","sectionType":"section","heading":"Identification procedures if more than 1 suspect","content":"236 Identification procedures if more than 1 suspect\nA police officer shall undertake a separate identification process for\neach of 2 or more suspects if—\n(a) the officer is attempting to ascertain—\n(i) which of the suspects committed an offence; or\n(ii) if the suspects may have been jointly involved in the\noffence—the identities of the suspects; and\n(b) for that purpose, the officer intends to conduct an identification\nparade or to identify a person by showing a photograph or a\npicture of a suspect to a person.\n","sortOrder":228},{"sectionNumber":"237","sectionType":"section","heading":"Descriptions","content":"237 Descriptions\n(1) If a description of a suspect is given to a police officer in relation to\nan offence, the police officer shall ensure that a record of the\ndescription is made and that the record is retained until any\nproceedings in respect of the offence are completed.\n(2) Subject to subsection (4), a police officer shall, if requested to do so\nby a person who has been charged with an offence, provide the person\nwith the name of every person who, to the knowledge of the police\nofficer, claims to have seen, at or about the time of the commission\nof the offence, a person who is suspected of being involved in its\ncommission.\n(a) a record of a description of a person is made under\nsubsection (1); and\n\n(b) the person is charged with an offence to which the description\nrelates;\na police officer must notify the person or his or her legal\nrepresentative in writing that a copy of the record, and of any other\nrecord of a description that the police officer knows about of a person\nwho is suspected of being involved in the commission of the offence,\nis available for the person.\n(4) If the police officer suspects on reasonable grounds that providing the\nname of a person under subsection (2) could—\n(a) place the person in danger; or\n(b) expose the person to harassment or unreasonable interference;\nthe police officer is not required to provide the name of the person.\n","sortOrder":229},{"sectionNumber":"238","sectionType":"section","heading":"Examination","content":"238 Examination\nexamination means an examination of the body of the person charged\nand includes the taking of samples of the person’s blood, saliva or\nhair.\n(2) An examination of a person under this section may be conducted if—\n(a) the person consents; or\n(b) an order is made under subsection (3).\n(3) If a person (the person charged) is in lawful custody on a charge of\ncommitting an offence and a magistrate is satisfied, on the balance of\nprobabilities, that the offence—\n(a) is of such a nature; and\n\n(b) has been committed under such circumstances;\nthat there are reasonable grounds for believing that an examination of\nthe person charged will afford evidence as to the commission of the\noffence, the magistrate may order an examination of the person.\n(4) If the person charged is not present at the time that the order is made,\na copy of the order shall be given to the person.\n(5) If an order is made under subsection (3) or a person charged consents\nto an examination, a police officer may request a medical practitioner\nto carry out the examination and, if the medical practitioner agrees to\ncarry it out, shall give the medical practitioner a copy of the order.\n(6) A medical practitioner carrying out an examination may be assisted\nby 1 or more persons acting under the direction of the medical\npractitioner.\n(7) An examination of the person charged—\n(a) shall be carried out in circumstances affording reasonable\nprivacy to the person; and\n(b) for an examination which includes the external examination of\nthe genital or anal area, the buttocks, or, for a female, the\nbreasts—shall not be carried out in the presence or in view of a\nperson of the opposite sex to the person being examined; and\n(c) shall not be carried out in the presence or view of a person whose\npresence is not necessary for the purposes of the examination;\nand\n(d) shall not involve the removal of more clothing than is necessary\nfor carrying out the examination; and\n(e) shall not involve more visual inspection than is necessary for\ncarrying out the examination.\n(8) Subsection (7) does not prevent an examination being carried out by\na medical practitioner of the opposite sex to the person being\nexamined.\n\n(9) A medical practitioner carrying out an examination under this section,\nan assistant of the medical practitioner or a police officer, may use\nreasonable force to enable the examination to be carried out including\nthe prevention of loss, destruction or contamination of a sample.\n(10) Samples taken from a person charged with an offence shall be\ndestroyed as soon as practicable after the conclusion of the\nproceedings relating to the offence and the exhaustion of any right of\nappeal.\n(11) No action or proceeding, civil or criminal, lies against—\n(a) a person who conducts, or assists in conducting, an examination\nunder this section (including such a person who uses reasonable\nforce as provided in subsection (9)); or\n(b) a police officer who uses reasonable force as provided in that\nsubsection.\n","sortOrder":230},{"sectionNumber":"239","sectionType":"section","heading":"Assisting officers—search and arrest of persons","content":"239 Assisting officers—search and arrest of persons\nAn assisting officer who is not a police officer is not authorised by\nthis part to assist in searching or arresting a person.\n","sortOrder":231},{"sectionNumber":"240","sectionType":"section","heading":"Conduct of ordinary searches and frisk searches","content":"240 Conduct of ordinary searches and frisk searches\nAn ordinary search or a frisk search of a person under this part shall,\nif practicable, be conducted by a person of the same sex as the person\nbeing searched.\n","sortOrder":232},{"sectionNumber":"241","sectionType":"section","heading":"Announcement before entry","content":"241 Announcement before entry\n(1) Subject to subsection (3), a police officer shall, before any person\nenters premises under a warrant, for the purpose of executing an order\nmentioned in section 192 (1) or to arrest a person—\n(a) announce that he or she is authorised to enter the premises; and\n\n(b) give any person at the premises an opportunity to allow entry to\nthe premises.\n(2) A police officer is not required to comply with subsection (1) if he or\nshe believes on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of a person (including a police officer); or\n(b) that the effective execution of the warrant, order or arrest is not\nfrustrated.\n(3) This section does not apply to an entry made under section 190.\n","sortOrder":233},{"sectionNumber":"242","sectionType":"section","heading":"Offence of making false statements in warrants","content":"242 Offence of making false statements in warrants\nA person shall not make, in an application for a warrant, a statement\nthat the person knows to be false or misleading in a material\nparticular.\n","sortOrder":234},{"sectionNumber":"243","sectionType":"section","heading":"Offences relating to telephone warrants","content":"243 Offences relating to telephone warrants\nA person shall not—\n(a) state in a document that purports to be a form of warrant under\nsection 205 the name of an issuing officer unless that officer\nissued the warrant; or\n(b) state on a form of warrant under that section a matter that, to the\nperson’s knowledge, departs in a material particular from the\nform authorised by the issuing officer; or\n(c) purport to execute, or present to a person, a document that\npurports to be a form of warrant under that section that the\nperson knows—\n(i) has not been approved by an issuing officer under that\nsection; or\n\n(ii) to depart in a material particular from the terms authorised\nby an issuing officer under that section; or\n(d) give to an issuing officer a form of warrant under that section\nthat is not the form of warrant that the person purported to\nexecute.\n","sortOrder":235},{"sectionNumber":"244","sectionType":"section","heading":"Return of seized knife or thing","content":"244 Return of seized knife or thing\n(1) If a knife is seized under section 193, the person from whom it was\nseized or, if that person is under 16 years of age, his or her parent or\nguardian is entitled to have the knife returned if—\n(a) a prosecution for an offence against section 382 in respect of\nthat knife has not been commenced before the end of 60 days\nafter the seizure; or\n(b) a prosecution for an offence against section 382 in respect of\nthat knife has been commenced before the end of 60 days after\nthe seizure and the prosecution (and any appeal to a court in\nrelation to that prosecution) has been completed without the\nknife having been forfeited under section 248.\n(2) Subject to any contrary order of a court, if a police officer seizes a\nthing under division 10.2, 10.3 or 10.4, the police officer shall return\nit if—\n(a) the reason for its seizure no longer exists or it is decided that it\nis not to be used in evidence; or\n(b) if the thing was seized under section 207 (Stopping, searching\nand detaining people) or section 209 (Stopping, searching and\ndetaining conveyances)—\n(i) the reason for its seizure no longer exists or it is decided\nthat it is not to be used in evidence; or\n\n(ii) the period of 60 days after its seizure ends;\nwhichever first occurs;\nunless the thing is forfeited or forfeitable to the Territory or is the\nsubject of a dispute as to ownership.\n(3) If a thing is seized under section 207 (Stopping, searching and\ndetaining people) or section 209 (Stopping, searching and detaining\nconveyances), at the end of the 60 days specified in subsection (1) the\npolice officer shall take reasonable steps to return the thing to the\nperson from whom it was seized or to the owner if that person is not\nentitled to possess it unless—\n(a) proceedings in respect of which the thing may afford evidence\nwere instituted before the end of the 60 days and have not been\ncompleted (including an appeal to a court in relation to those\nproceedings); or\n(b) the police officer may retain the thing because of an order under\nsection 245; or\n(c) the police officer is otherwise authorised (by a law, or an order\nof a court, of the Commonwealth or of the Territory) to retain,\ndestroy or dispose of the thing.\n","sortOrder":236},{"sectionNumber":"245","sectionType":"section","heading":"Magistrates Court may permit thing to be retained","content":"245 Magistrates Court may permit thing to be retained\n(1) If a thing is seized under section 207 (Stopping, searching and\ndetaining people) or section 209 (Stopping, searching and detaining\nconveyances), and—\n(a) before the end of 60 days after the seizure; or\n(b) before the end of a period previously specified in an order of a\ncourt under this section;\nproceedings in respect of which the thing may afford evidence have\nnot commenced, the police officer may apply to the Magistrates Court\nfor an order that he or she may retain the thing for a further period.\n\n(2) If the court is satisfied that it is necessary for the police officer to\ncontinue to retain the thing—\n(a) for the purposes of an investigation as to whether an offence has\nbeen committed; or\n(b) to enable evidence of an offence to be secured for the purposes\nof a prosecution;\nthe court may order that the police officer may retain the thing for a\nperiod specified in the order.\n(3) Before making the application, the police officer shall—\n(a) take reasonable steps to discover who has an interest in the\nretention of the thing; and\n(b) if it is practicable to do so, notify each person who the police\nofficer believes to have such an interest of the proposed\napplication.\n","sortOrder":237},{"sectionNumber":"247","sectionType":"section","heading":"Laws relating to taking forensic samples not affected","content":"247 Laws relating to taking forensic samples not affected\nNothing in this part is intended to limit or exclude the operation of a\nterritory law relating to the taking of forensic samples (excluding\nidentification material).\n","sortOrder":238},{"sectionNumber":"248","sectionType":"section","heading":"Forfeiture of knife","content":"248 Forfeiture of knife\n(1) A knife seized under section 193 (Power to conduct search of person\nfor knife) is forfeited to the Territory if the person from whom the\nknife was seized is convicted or found guilty of an offence against\nsection 382 (Possession of knife in public place or school) in relation\nto the knife.\n(2) If there are reasonable grounds for believing that the person who was\nin possession of a knife forfeited under subsection (1) was the owner\nof the knife, it may be destroyed or disposed of in the way the\ncommissioner of police directs.\n\n(3) If there are reasonable grounds for believing that the person who was\nin possession of a knife forfeited under subsection (1) was not the\nowner of the knife, it may be destroyed or disposed of in the way the\ncommissioner of police directs if—\n(a) 6 months have elapsed since the person was found guilty of an\noffence against section 382 in relation to the knife; and\n(b) reasonable attempts have been made to ascertain the\nwhereabouts of the owner of the knife.\n","sortOrder":239},{"sectionNumber":"249","sectionType":"section","heading":"Seizure of forfeited articles","content":"249 Seizure of forfeited articles\n(1) A member of the police force may, without warrant, seize any article\nthat is forfeited, or that he or she has reasonable grounds for believing\nis forfeited, under any law in force in the ACT and take that article\nbefore the Magistrates Court.\n(2) If any article is brought before the court under subsection (1), the\ncourt may, subject to the giving of the notice (if any) to the person (if\nany) that the court directs, order that the article be condemned or\ndelivered to the person that the court is satisfied is entitled to the\narticle.\n(3) If a prosecution is pending in relation to an article, the court shall not\nmake an order under subsection (2) in relation to the article until the\nprosecution is determined.\n(4) All articles condemned under subsection (2) as forfeited shall be\ntransferred to the public trustee and guardian to be dealt with under\nsection 250.\n","sortOrder":240},{"sectionNumber":"250","sectionType":"section","heading":"Disposal of forfeited articles by public trustee","content":"250 Disposal of forfeited articles by public trustee\n(1) The public trustee and guardian must sell or otherwise dispose of an\narticle transferred to the public trustee and guardian under\nsection 249 (4).\n\n(2) The public trustee and guardian must—\n(a) apply the proceeds of the sale or disposition in payment of the\npublic trustee and guardian’s remuneration, and other costs,\ncharges and expenses, in relation to the sale or disposition; and\n(b) pay the remainder of the proceeds to the confiscated assets trust\nfund under the Confiscation of Criminal Assets Act 2003.\n(3) However, the Minister may, in a particular case, direct that the article\nbe dealt with in accordance with the direction (including in\naccordance with a law stated in the direction).\n(4) The public trustee and guardian must comply with the Minister’s\ndirection.\n(5) The regulations may make provision in relation to public trustee and\nguardian’s remuneration, and other costs, charges and expenses,\nunder subsection (2) (a).\n","sortOrder":241},{"sectionNumber":"252","sectionType":"section","heading":"When case not to be proceeded with gaoler to discharge","content":"252 When case not to be proceeded with gaoler to discharge\nprisoner on certificate from Attorney-General etc\nThe Attorney-General may, in respect of any person under committal\nfor trial, and in all cases if any person is remanded to prison, and if\nhe or she may in his or her discretion think fit not further to proceed,\ntransmit at any time a certificate to the judges of the Supreme Court,\nany one of whom may by warrant direct the gaoler in whose custody\nthe prisoner, or person under remand, may be to discharge him or her\nfrom custody in respect of the offence mentioned in the warrant, and,\nif the gaoler neglects so to do, he or she shall be liable to a fine of\n$100, to be recovered by action of debt in the name of the\nAttorney-General.\nNote If a form is approved under the Court Procedures Act 2004 for a warrant,\nthe form must be used.\n\n","sortOrder":242},{"sectionNumber":"Subdiv 10","sectionType":"subdivision","heading":"7.1A Stopping, searching or detaining person","content":"Subdivision 10.7.1A Stopping, searching or detaining person\nunder 14 years old without warrant\n252AA Application of sdiv 10.7.1A\n(1) This subdivision applies, despite any territory law to the contrary, to\nthe exercise of a power to stop, search or detain a person under this\nAct or any other territory law.\n(2) However, this subdivision does not apply to the exercise of a power\nto stop, search or detain a person if the power is exercised under a\nwarrant, or an order made by a court or the ACAT.\n252AB Police officer must not stop, search or detain person\nunder 14 years old generally\nA police officer must not exercise a power to stop, search or detain a\nperson under 14 years old, except in accordance with this subdivision.\n252AC Stopping, searching or detaining person under 14 years\nold for prevention of harm etc\n(1) A police officer may exercise a power to stop, search or detain a\nperson under 14 years old if the officer believes on reasonable\ngrounds that—\n(a) the power is being exercised in relation to a person who is at\nleast 14 years old; or\n(b) the person is at risk of engaging in, or has engaged in, any of the\nfollowing conduct:\n(i) harm to themselves or someone else;\n(ii) serious damage to property or the environment or cruelty\nto an animal;\n(iii) any other serious or destructive behaviour; or\n\n(c) the exercise of the power is required to ensure the safety of the\n(2) In exercising the power, the police officer must not detain the person\nfor longer than is necessary and reasonable to—\n(a) for subsection (1) (a)—determine that the person is under\n14 years old; or\n(b) for subsection (1) (b)—prevent or stop the conduct; or\n(c) for subsection (1) (c)—ensure the safety of the person.\nserious or destructive behaviour includes conduct that is an offence\npunishable, on conviction, by imprisonment.\n252AD Stopping, searching or detaining person under 14 years\nold when relevant to other investigation\nA police officer may exercise a power to stop, search or detain a\nperson if the person is under 14 years old if the officer—\n(a) is conducting an investigation into an offence or possible\noffence committed by another person; and\n(b) believes on reasonable grounds that the person under 14 years\nold possesses evidence relevant to the investigation.\nNote A police officer must not detain a person for longer than is necessary and\nreasonable to conduct a search (see s 208).\n252AE Police action after stopping, searching or detaining\nperson under 14 years old\n(1) If a police officer stops, searches or detains a person under 14 years\nold in accordance with this subdivision, the officer may continue the\ndetention of the person for as long as reasonably necessary to take the\nperson to—\n(a) a parent of the person; or\n\n(b) someone else who has daily care responsibility, or long-term\ncare responsibility, for the person; or\n(c) if it is not practicable or appropriate to take the person to\nsomeone mentioned in paragraph (a) or (b)—another\nappropriate person or agency.\n(2) If a police officer takes a person under 14 years old to an appropriate\nperson or agency under subsection (1) (c), the police officer must as\nsoon as practicable give written notice about the matter to—\n(a) if the person under 14 years old is known to be an Aboriginal or\nTorres Strait Islander child or young person—the Aboriginal\nand Torres Strait Islander children and young people\ncommissioner; or\n(b) in any other case—the public advocate.\n(3) Written notice under subsection (2) must, as far as practicable,\ninclude the following:\n(a) a description of the person under 14 years old and any known\ninformation about the person’s identity;\n(b) a brief description of the circumstances in which the person was\nstopped, searched or detained;\n(c) the address of the place where the person was taken and the\ncontact details of a person at the place with responsibility for the\ncare of the person under 14 years old;\n(d) the date and time the person was taken to the place.\n(4) A failure to comply with subsection (2) or (3) does not affect the\nvalidity of anything done under subsection (1) (c).\n\nSubdivision 10.7.1 Arrest of children under the age of\ncriminal responsibility\n","sortOrder":243},{"sectionNumber":"252A","sectionType":"section","heading":"Warrant for arrest of child under the age of criminal","content":"252A Warrant for arrest of child under the age of criminal\nresponsibility\n(1) An issuing officer may issue a warrant for the arrest of a child under\nthe age of criminal responsibility only if the issuing officer believes\non reasonable grounds that the child has carried out, or is carrying\nout, conduct that—\n(a) makes up the physical elements of an offence; or\n(b) poses a risk to community safety or the child.\n(2) However, the issuing officer must not issue a warrant unless a police\nofficer has given the issuing officer an affidavit setting out—\n(a) the reasons why the warrant is sought; and\n(b) any evidence the police officer believes supports the warrant’s\nissue.\n(3) If the issuing officer issues a warrant, the issuing officer must write\non the warrant which of the reasons stated in the affidavit, and any\nother reasons, the officer has relied on as justifying the issue of the\n","sortOrder":244},{"sectionNumber":"252B","sectionType":"section","heading":"Arrest of child under the age of criminal responsibility—","content":"252B Arrest of child under the age of criminal responsibility—\nwithout warrant\n(1) A police officer may, without a warrant, arrest a child under the age\nof criminal responsibility if the police officer believes on reasonable\ngrounds—\n(a) that—\n(i) conduct that makes up the physical elements of an offence\nor a breach of the peace is being or is likely to be carried\nout by the child; or\n\n(ii) a person has suffered physical injury because of the child’s\nconduct; or\n(iii) there is imminent danger of injury to a person or serious\ndamage to property because of the child’s conduct; and\n(b) that it is necessary to arrest the child immediately—\n(i) to prevent the conduct or a repetition of the conduct; or\n(ii) to protect life or property.\n(2) If the police officer believes on reasonable grounds that the child is\non premises, the police officer may, with reasonable and necessary\nforce, enter the premises to arrest the child.\n","sortOrder":245},{"sectionNumber":"252C","sectionType":"section","heading":"Police action after arresting child under the age of","content":"252C Police action after arresting child under the age of\ncriminal responsibility\n(1) If a police officer arrests a child under the age of criminal\nresponsibility (whether under a warrant or under section 252B), the\npolice officer must—\n(a) do the minimum necessary to prevent or stop the conduct for\nwhich the warrant was issued or the arrest was made; and\n(b) take the child to—\n(i) a parent of the child; or\n(ii) someone else who has daily care responsibility, or\nlong-term care responsibility, for the child; or\n(iii) if it is not practicable or appropriate to take the child to\nsomeone mentioned in subparagraph (i) or (ii)—another\nappropriate person or agency.\n(2) Before deciding whether another person or agency is appropriate, the\npolice officer must consult with the director-general responsible for\nthe Children and Young People Act 2008.\n\nSubdivision 10.7.2 Preliminary procedures in relation to\nchildren and young people\n","sortOrder":246},{"sectionNumber":"252D","sectionType":"section","heading":"Definitions—subdiv 10.7.2","content":"252D Definitions—subdiv 10.7.2\nIn this subdivision:\nchild—see the Children and Young People Act 2008, section 11.\ncommitted an offence, for a child or young person, includes\ncommitted an offence with someone else or other people.\nunder restraint—see section 252E.\nyoung person—see the Children and Young People Act 2008,\nsection 12.\n","sortOrder":247},{"sectionNumber":"252E","sectionType":"section","heading":"Meaning of under restraint","content":"252E Meaning of under restraint\nFor this subdivision, a child or young person is under restraint if—\n(a) the child or young person is under restraint as a result of having\nbeen lawfully arrested or detained; or\n(b) the child or young person is under restraint in relation to an\noffence and a police officer suspects on reasonable grounds\n(i) the child or young person committed the offence; or\n(ii) the police officer would be authorised under a law in force\nin the Territory to arrest the child or young person for the\n(c) the child or young person is in the company of a police officer\nin connection with the investigation of an offence or possible\n\n","sortOrder":248},{"sectionNumber":"252F","sectionType":"section","heading":"Meaning of in the company of a police officer","content":"252F Meaning of in the company of a police officer\n(1) For section 252E (c), a child or young person is in the company of a\npolice officer in connection with the investigation of an offence or\npossible offence if—\n(a) the police officer would not allow the child or young person to\nleave if the child or young person wished to do so; or\n(b) the child or young person is waiting at a place at the request of\na police officer in connection with the investigation of the\noffence or possible offence.\n(2) For subsection (1), it does not matter whether or not—\n(a) the police officer believes on reasonable grounds that the child\nor young person has committed the offence; or\n(b) the child or young person is in lawful custody in relation to the\n(3) However for section 252E (c), a child or young person is not in the\ncompany of a police officer in connection with the investigation of an\noffence or possible offence—\n(a) if—\n(i) the child or young person is with a police officer by a\nroadside (whether or not the child or young person is in a\nmotor vehicle); and\n(ii) the police officer is investigating an offence or possible\noffence, other than an indictable offence or possible\nindictable offence, arising out of the use of a motor vehicle;\nor\n(b) if the child or young person is with a police officer for a drug\nscreening test, or breath or oral fluid analysis, under the Road\nTransport (Alcohol and Drugs) Act 1977; or\n\n(c) for a person aged 16 years old or older, but not yet an adult—\nif—\n(i) the person is with a police officer in relation to the\ninvestigation of an infringement notice offence or possible\ninfringement notice offence; and\n(ii) the police officer either intends to serve an infringement\nnotice for the offence on the person, or intends to take no\naction against the person for the offence.\ninfringement notice—see the Magistrates Court Act 1930,\nsection 117.\ninfringement notice offence—see the Magistrates Court Act 1930,\nsection 117.\n","sortOrder":249},{"sectionNumber":"252G","sectionType":"section","heading":"Interviewing children and young people about offences","content":"252G Interviewing children and young people about offences\n(1) This section applies if a police officer—\n(a) suspects on reasonable grounds that a child or young person may\nhave committed, or be implicated in the commission of, an\n(b) is holding a child or young person under restraint.\n(2) A police officer must not interview the child or young person about\nan offence, or cause the child or young person to do anything in\nrelation to the investigation of an offence, unless—\n(a) one of the following people (who is an adult and who the police\nofficer does not believe on reasonable grounds to be an\naccomplice of the child or young person in relation to the\noffence) is present:\n(i) a parent of the child or young person;\n\n(ii) someone else who has daily care responsibility, or\nlong-term care responsibility, for the child or young\nperson;\n(iii) a family member of the child or young person who is\nacceptable to the child or young person;\n(iv) a lawyer acting for the child or young person;\n(v) another suitable person who is acceptable to the child or\nyoung person; or\n(b) if the police officer has taken reasonable steps to have a person\nmentioned in paragraph (a) present but it was not practicable for\nsuch a person to be present within 2 hours after being asked to\nbe present—someone else who is not a police officer and has not\nbeen involved with the investigation of the offence.\nExample—suitable person—par (a) (v)\na person trained by the public advocate to attend interviews of children and young\npeople\naccomplice, in relation to an offence, includes a person who a police\nofficer believes on reasonable grounds to be likely to secrete, lose,\ndestroy or fabricate evidence relating to the offence.\nfamily member—see the Family Violence Act 2016, section 9.\n","sortOrder":250},{"sectionNumber":"252H","sectionType":"section","heading":"Interviewing children and young people about offences—","content":"252H Interviewing children and young people about offences—\nurgent circumstances\nA police officer may interview a child or young person if—\n(a) the police officer—\n(i) suspects on reasonable grounds that the child or young\nperson may have committed, or be implicated in the\ncommission of, an offence; or\n(ii) is holding the child or young person under restraint; and\n\n(b) the police officer believes on reasonable grounds that it is\nnecessary to interview the child or young person without delay\nto avoid—\n(i) a risk of death or serious injury of a person; or\n(ii) serious damage to property.\n","sortOrder":251},{"sectionNumber":"252I","sectionType":"section","heading":"Parents etc to be told if children and young people under","content":"252I Parents etc to be told if children and young people under\nrestraint\n(1) If a police officer takes a child or young person under restraint, the\npolice officer must promptly take all reasonable steps to tell a\nresponsible person about the restraint (whether or not the person lives\nin the ACT).\nresponsible person means—\n(a) a parent of the child or young person; or\n(b) if no parent of the child or young person has parental\nresponsibility for the child or young person—someone else who\nhas daily care responsibility, or long-term care responsibility,\nfor the child or young person.\n","sortOrder":252},{"sectionNumber":"252J","sectionType":"section","heading":"Police to summons young people unless ineffective","content":"252J Police to summons young people unless ineffective\nA police officer must not charge a young person with an offence at a\npolice station unless satisfied that proceeding by summons would not\nachieve 1 or more of the purposes mentioned in section 212 (1) (b)\n(Power of arrest without warrant by police officers).\n\n","sortOrder":253},{"sectionNumber":"252K","sectionType":"section","heading":"Parents etc to be told if young people charged","content":"252K Parents etc to be told if young people charged\n(1) If a young person is charged with an offence at a police station, the\nperson who charged the young person must promptly take all\nreasonable steps to tell 1 of the following people the relevant\ninformation in relation to the charge (whether or not the person lives\nin the ACT):\n(a) a parent of the young person;\n(b) if no parent of the young person has parental responsibility for\nthe young person—someone else who has daily care\nresponsibility, or long-term care responsibility, for the young\nrelevant information, for a charge, means—\n(a) the terms of the charge; and\n(b) where the young person is; and\n(c) when the young person will be brought before the Childrens\nCourt.\n","sortOrder":254},{"sectionNumber":"252L","sectionType":"section","heading":"Authorisation of police investigations—acquitted person","content":"252L Authorisation of police investigations—acquitted person\n(1) This section applies to a proposed police investigation of an offence\nfor which, under the Supreme Court Act 1933, part 8AA, an acquitted\nperson may be retried or tried.\nNote The Supreme Court Act 1933, pt 8AA, allows the Supreme Court to order\nthe retrial of a person acquitted of an offence, or the trial of the person\nfor another offence, despite the rule against double jeopardy.\n\nInvestigations relating to acquittals Division 10.8\n(2) The chief police officer, or a deputy chief police officer, may apply\nto the director of public prosecutions for the director’s agreement to\nthe police investigation only if satisfied that relevant evidence for an\napplication for a retrial or trial under the Supreme Court Act 1933,\npart 8AA—\n(a) has been obtained; or\n(b) is reasonably likely to be obtained if the investigation is carried\nout.\n(3) A police officer may carry out, or authorise another police officer to\ncarry out, an investigation of the offence only if the director of public\nprosecutions—\n(a) has advised that, in the director’s opinion, the acquitted person’s\nacquittal would not be a bar to the retrial of the acquitted person\nin the ACT for the offence or the trial of the acquitted person for\nanother offence; and\n(b) agrees, by written notice, to the conduct of the investigation.\n(4) The director of public prosecutions may agree to the investigation\nonly if satisfied that—\n(a) there is, or there is likely as a result of the investigation to be,\nsufficient new evidence to warrant the conduct of the\ninvestigation; and\n(b) it is in the public interest for the investigation to be carried out.\n(5) However, a police officer may carry out, or authorise the carrying out\nof, a police investigation to which this section applies, without the\nadvice and written agreement of the director of public prosecutions if\nthe police officer reasonably believes that—\n(a) urgent investigative action is needed to prevent substantial and\nirrevocable prejudice to the investigation; and\n\n(b) it is not reasonably practicable in the circumstances to obtain the\nadvice and agreement of the director of public prosecutions\nbefore taking the action.\n(6) The chief police officer, or a deputy chief police officer, must tell the\ndirector of public prosecutions, in writing, as soon as practicable,\nabout action taken under subsection (5) and the investigation must not\nproceed further without the advice and written agreement of the\ndirector of public prosecutions.\n(7) Despite any other territory law, the functions of the chief police\nofficer or a deputy chief police officer under this section must not be\ndelegated to any other police officer or an AFP employee.\nAFP employee—see the Australian Federal Police Act 1979 (Cwlth),\nsection 4.\npolice investigation means an investigation that involves, whether\nwith or without the consent of the acquitted person—\n(a) any arrest, questioning or search of the acquitted person; or\n(b) the issue of a warrant for the arrest of the person; or\n(c) any forensic procedure carried out on the person; or\n(d) any search or seizure of premises or property of or occupied by\nthe person.\n","sortOrder":255},{"sectionNumber":"252M","sectionType":"section","heading":"Definitions—div 10.9","content":"252M Definitions—div 10.9\ncompliance period means the period under section 252Q for\ncompliance with a fortification removal order.\n\nfortification, of premises, means a structure, device or other thing, or\na combination of structures, devices or other things, that form part of,\nor are attached to, the premises if the thing or combination of things—\n(a) exceeds what is reasonably necessary to provide security for the\nordinary lawful use of the premises; and\n(b) either—\n(i) prevents uninvited entry to the premises or part of the\n(ii) would be considered by a reasonable person to be intended\nor designed to prevent uninvited entry to the premises or\npart of the premises.\nExamples—devices\n• closed-circuit television equipment\n• electronic surveillance device\n• motion sensor\n• night-vision camera\nfortification inspection order—see section 252U.\nfortification offence—\n(a) means an offence punishable by imprisonment for 5 years or\nlonger; and\n(b) includes an offence in another jurisdiction that would be\npunishable by imprisonment for 5 years or longer if committed\nin the ACT.\nfortification removal order—see section 252N.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\n\n","sortOrder":256},{"sectionNumber":"252N","sectionType":"section","heading":"Fortification removal order—application for order or","content":"252N Fortification removal order—application for order or\nvariation\n(1) The chief police officer may apply to the Magistrates Court for an\norder directing an occupier of premises to remove a fortification of\nthe premises (a fortification removal order).\n(2) If a fortification removal order is already in effect for premises—\n(a) the chief police officer may make an application to vary the\nfortification removal order to direct the occupier of the premises\nto—\n(i) remove a fortification of the premises in a different way or\nwithin a different compliance period; or\n(ii) remove a different fortification of the premises; and\n(b) the occupier of the premises may make an application to vary\nthe fortification removal order to—\n(i) describe the fortification in a different way; or\n(ii) direct the occupier of the premises to remove a fortification\nof the premises in a different way.\n(3) An application must—\n(b) be supported by evidence by affidavit dealing with the matters\nmentioned in—\n(i) for a fortification removal order—section 252O (1); or\n(ii) for variation of a fortification removal order—\nsection 252O (2).\n\n","sortOrder":257},{"sectionNumber":"252O","sectionType":"section","heading":"Fortification removal order","content":"252O Fortification removal order\n(1) On application under section 252N (1), the Magistrates Court may\nmake a fortification removal order in relation to premises if satisfied\n(a) the premises are fortified; and\n(b) there are reasonable grounds to believe the premises are, have\nbeen or will be used in relation to a fortification offence; and\n(c) it is necessary for the chief police officer to have uninvited\naccess to the premises in relation to the offence.\n(2) On application under section 252N (2), the Magistrates Court may\nvary a fortification removal order if satisfied that the variation sought\nis necessary or otherwise appropriate.\n(3) A fortification removal order, including an order as varied, must—\n(a) identify the premises; and\n(b) describe the fortification; and\n(c) set out whether the fortification is to be removed by 1 or both of\nthe following:\n(i) removing a structure or device that forms all or part of the\nfortification;\n(ii) modifying a structure or device that forms all or part of the\nfortification; and\n(d) state the compliance period for removal of the fortification; and\n(e) state that the fortification must not be replaced or restored; and\n(f) set out the powers of the police to—\n(i) inspect a fortification under section 252R; and\n(ii) remove a fortification under section 252S.\n\n","sortOrder":258},{"sectionNumber":"252P","sectionType":"section","heading":"Fortification removal order—length","content":"252P Fortification removal order—length\n(1) A fortification removal order in relation to premises takes effect on—\n(a) if the occupier of the premises is before the Magistrates Court\nwhen the order is made—the day the order is made; or\n(b) if the occupier of the premises is not before the Magistrates\nCourt when the order is made—the day the order is served on\nthe occupier.\n(2) A fortification removal order remains in force for 12 months.\n(3) However, if the chief police officer gives the Magistrates Court\nwritten notice that the fortification removal order is no longer\nrequired, the fortification removal order ceases to have effect.\n","sortOrder":259},{"sectionNumber":"252Q","sectionType":"section","heading":"Fortification removal order—compliance period","content":"252Q Fortification removal order—compliance period\nAn occupier must comply with a fortification removal order—\n(a) within 3 months after the day the order takes effect; or\n(b) if the order states another day—by the stated day.\n","sortOrder":260},{"sectionNumber":"252R","sectionType":"section","heading":"Fortification removal order—inspection","content":"252R Fortification removal order—inspection\n(a) the compliance period for a fortification removal order has\nended; and\n(b) the fortification removal order is still in force; and\n(c) the chief police officer believes on reasonable grounds—\n(i) the fortification has not been removed in accordance with\nthe order; or\n(ii) a fortification that has been removed in accordance with\nthe order has been restored or replaced.\n\n(2) A police officer may, at any time and without a warrant, enter the\npremises to inspect the premises for compliance with the fortification\nremoval order.\n","sortOrder":261},{"sectionNumber":"252S","sectionType":"section","heading":"Fortification removal order—removal by police","content":"252S Fortification removal order—removal by police\n(a) the compliance period for a fortification removal order has\nended; and\n(b) the fortification removal order is still in force; and\n(c) the chief police officer believes on reasonable grounds that the\nfortification has not been removed in accordance with the\nfortification removal order.\n(2) A police officer may, at any time and without a warrant, enter the\npremises for the purpose of—\n(a) removing the fortification in accordance with the fortification\nremoval order; or\n(b) doing something reasonably necessary to remove the\nfortification in accordance with the fortification removal order.\n1 bringing equipment that will be used for carrying out fortification\nremoval to the premises\n2 escorting a person who has been engaged to assist with fortification\nremoval to the premises\n(3) The Territory may recover from the person required to remove the\nfortification under the fortification removal order any costs\nreasonably incurred by the Territory for removing the fortification.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\n","sortOrder":262},{"sectionNumber":"252T","sectionType":"section","heading":"Fortification inspection order—application for order or","content":"252T Fortification inspection order—application for order or\nvariation\n(1) This section applies if a fortification removal order in relation to\npremises has ended within the previous 3 years.\n(2) The chief police officer may apply to the Magistrates Court for an\norder to inspect the premises (a fortification inspection order).\n(3) If a fortification inspection order is already in effect for premises, the\nchief police officer or the occupier of the premises may make an\napplication to vary the length of the order.\n(4) An application must be—\n(a) in writing; and\n(b) supported by evidence by affidavit dealing with the matters\nmentioned in section 252U.\n","sortOrder":263},{"sectionNumber":"252U","sectionType":"section","heading":"Fortification inspection order","content":"252U Fortification inspection order\n(1) On application, the Magistrates Court may make a fortification\ninspection order if satisfied that—\n(a) a fortification removal order was in effect for the premises\nwithin the previous 3 years; and\n(b) the chief police officer has reasonable grounds to believe the\npremises are fortified.\n(2) A fortification inspection order must—\n(a) identify the premises; and\n(b) set out the powers of the police to inspect a fortification under\nsection 252W.\n\n","sortOrder":264},{"sectionNumber":"252V","sectionType":"section","heading":"Fortification inspection order—length","content":"252V Fortification inspection order—length\n(1) A fortification inspection order in relation to premises takes effect\non—\n(a) if the occupier of the premises is before the Magistrates Court\nwhen the order is made—the day the order is made; or\n(b) if the occupier of the premises is not before the Magistrates\nCourt when the order is made—the day the order is served on\nthe occupier.\n(2) A fortification inspection order remains in force until the earlier of\nthe following:\n(a) the day stated in the order;\n(b) the day 3 years after the day the fortification removal order in\nrelation to the premises ended.\n(3) However, if the chief police officer gives the Magistrates Court\nwritten notice that the fortification inspection order is no longer\nrequired the fortification inspection order ceases to have effect.\n","sortOrder":265},{"sectionNumber":"252W","sectionType":"section","heading":"Fortification inspection order—inspection","content":"252W Fortification inspection order—inspection\n(1) If a fortification inspection order in relation to premises is in force, a\npolice officer may, at any time and without a warrant, enter the\npremises to inspect the premises to assess whether the premises are\nfortified.\nNote If a law gives a function to an entity (including a person), the function\nmay be exercised from time to time (see Legislation Act, s 196 and dict,\npt 1, def entity).\n(2) However, the police officer must not enter the premises unless the\nchief police officer has reasonable grounds to believe the premises\nare fortified.\n\n","sortOrder":266},{"sectionNumber":"252X","sectionType":"section","heading":"Exercising powers—announce entry and explain purpose","content":"252X Exercising powers—announce entry and explain purpose\n(1) Before anyone enters premises under an order under this division, a\npolice officer must—\n(a) announce that the police officer is authorised to enter the\n(b) give anyone at the premises the opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n(2) If the occupier of the premises, or someone who apparently represents\nthe occupier, is present at the premises while a police officer is on the\npremises under an order, the police officer must—\n(a) tell the person the purpose of the entry; and\n(b) make available to the person a copy of the order.\n","sortOrder":267},{"sectionNumber":"252Y","sectionType":"section","heading":"Exercising powers—occupier entitled to be present","content":"252Y Exercising powers—occupier entitled to be present\nduring inspection\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while an inspection\nis conducted, the person is entitled to observe the inspection being\nconducted.\n(2) However, the person is not entitled to observe the inspection if—\n(a) to do so would impede the inspection; or\n(b) the person is under arrest, and allowing the person to observe\nthe inspection being conducted would interfere with the\nobjectives of the inspection.\n\n","sortOrder":268},{"sectionNumber":"252Z","sectionType":"section","heading":"Exercising powers—use reasonable force","content":"252Z Exercising powers—use reasonable force\nIf a police officer believes that a person who is present at the premises\nis hindering or obstructing the officer from entering the premises or\nremoving the fortification, the officer may—\n(a) give a reasonable direction that the person must leave the\n(b) if the person refuses to leave the premises in accordance with\nthe direction—use reasonable force to remove the person from\nthe premises; and\n(c) do anything that is reasonably necessary to enter the premises\nand remove the fortification.\nNote It is an offence to obstruct a territory public official, including a police\nofficer or a contractor performing work for the Territory (see Criminal\nCode, s 361).\n252ZA Premises must not be fortified\n(a) the person fortifies premises; and\n(b) the person—\n(i) knows the premises are, have been or will be used in\nrelation to a fortification offence; or\n(ii) is reckless about whether the premises are, have been or\nwill be used in relation to a fortification offence; and\n\n(c) the person intends that the fortification will prevent the\nuninvited entry to the premises or part of the premises.\n1 a fortification offence has been carried out on the premises\n2 evidence of a fortification offence is being concealed on the premises\n3 proceeds of a fortification offence are likely to be kept on the premises\n252ZB Fortification must not be replaced or restored\n(a) the person fortifies premises; and\n(b) the premises have previously been the subject of a fortification\nremoval order; and\n(c) the person—\n(i) knows the premises have previously been the subject of a\nfortification removal order; or\n(ii) is reckless about whether the premises have previously\nbeen the subject of a fortification removal order; and\n(i) knows the premises are, have been or will be used in\nrelation to a fortification offence; or\n(ii) is reckless about whether the premises are, have been or\nwill be used in relation to a fortification offence; and\n(e) the person intends that the fortification will prevent the\nuninvited entry to the premises or part of the premises.\n\n252ZC Protection from liability\n(1) A protected person is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this division; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this division.\n(2) Any civil liability that would, apart from this section, attach to the\nprotected person attaches instead to the Territory.\nconduct means an act or omission to do an act.\nprotected person means—\n(a) a police officer or other official exercising a function under this\ndivision; or\n(b) a person accompanying a police officer exercising a function\nunder this division.\n252ZD Chief police officer delegations\nThe chief police officer may delegate any of the chief police officer’s\nfunctions under this division to a police officer at or above the level\nof superintendent.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\n","sortOrder":269},{"sectionNumber":"Part 11","sectionType":"part","heading":"Investigation of extraterritorial","content":"Part 11 Investigation of extraterritorial\n","sortOrder":270},{"sectionNumber":"253","sectionType":"section","heading":"Interpretation for pt 11","content":"253 Interpretation for pt 11\nappropriate authority, in relation to a State or another Territory,\nmeans an authority exercising in relation to the police force of that\nState or Territory functions corresponding to those of the\ncommissioner of police in relation to the Australian Federal Police.\ncorresponding law means a law of a State or another Territory\ndeclared under section 254 to be a corresponding law.\nnight means the period commencing at 7 pm in each evening and\nending at 7 am in the following morning.\noffence to which this Act applies means an offence punishable by\nimprisonment for longer than 12 months against the law of a\nreciprocating State (being an offence arising from an act, omission or\nstate of affairs that, if done or occurring in the ACT would attract\ncriminal liability under the law of the ACT).\nowner, in relation to an object, includes a person entitled to\npossession of the object.\npremises means a building, structure or place (whether or not built on\nand whether enclosed or unenclosed), and includes an aircraft, vessel\nor vehicle.\nreciprocating State means a State or another Territory—\n(a) where a corresponding law is in force; and\n(b) in relation to which arrangements are in force under section 258.\nsearch warrant means a warrant under this part authorising a search\nof premises.\n\ntelephone includes any telecommunication device.\n(2) For this part—\n(a) anything obtained by the commission of an offence, used for the\npurpose of committing an offence, or in respect of which an\noffence has been committed; or\n(b) anything that may afford evidence of the commission of an\n(c) anything intended to be used for the purpose of committing an\nis an object relevant to the investigation of the offence.\n","sortOrder":271},{"sectionNumber":"254","sectionType":"section","heading":"Declaration of corresponding law","content":"254 Declaration of corresponding law\n(1) The Executive may declare a law of a State or another Territory to be\na corresponding law.\n(2) A declaration is a notifiable instrument.\n","sortOrder":272},{"sectionNumber":"255","sectionType":"section","heading":"Issue of search warrants","content":"255 Issue of search warrants\n(1) If, on the application of a police officer, a magistrate is satisfied that\nthere are reasonable grounds to believe—\n(a) that an offence to which this Act applies has been, or is intended\nto be, committed; and\n(b) that there is in any premises an object relevant to the\ninvestigation of that offence;\nthe magistrate may issue a search warrant in respect of those\npremises.\n(2) An application for the issue of a search warrant may be made either\npersonally or by telephone.\n(3) The grounds of an application for a search warrant shall be verified\nby affidavit.\n\n(4) An application for the issue of a search warrant shall not be made by\ntelephone unless in the opinion of the applicant a search warrant is\nurgently required and there is insufficient time to make the\napplication personally.\n(5) If an application for the issue of a search warrant is made by\ntelephone—\n(a) the applicant shall inform the magistrate of his or her name and\nof his or her rank and number in the police force, and the\nmagistrate, on receiving that information, is entitled to assume,\nwithout further inquiry, that the applicant is a police officer; and\n(b) the applicant shall inform the magistrate of the grounds on\nwhich he or she seeks the issue of the search warrant; and\n(c) if it appears to the magistrate from the information given by the\napplicant that there are proper grounds for the issue of a search\nwarrant—he or she shall inform the applicant of the facts on\nwhich he or she relies as grounds for the issue of the warrant,\nand shall not proceed to issue the warrant unless the applicant\nundertakes to make an affidavit verifying those facts; and\n(d) if the applicant gives the undertaking—the magistrate may then\nmake out, and sign, a search warrant, noting on the warrant the\nfacts on which he or she relies as grounds for the issue of the\n(e) the search warrant shall be deemed to have been issued, and\nshall come into force, when signed by the magistrate; and\n(f) the magistrate shall inform the applicant of the terms of the\n(g) the applicant shall, as soon as practicable after the issue of the\nwarrant, forward to the magistrate an affidavit verifying the facts\nreferred to in paragraph (c).\n\n(6) A magistrate by whom a search warrant is issued shall file the\nwarrant, or a copy of the warrant, and the affidavit verifying the\ngrounds on which the application for the warrant was made, in the\nMagistrates Court.\n","sortOrder":273},{"sectionNumber":"256","sectionType":"section","heading":"Authority given by search warrant","content":"256 Authority given by search warrant\n(1) A search warrant authorises any police officer, with the assistants that\nhe or she thinks necessary, to enter and search the premises in respect\nof which the warrant was issued and anything in those premises.\n(2) Subject to any direction by a magistrate authorising execution of a\nsearch warrant at night, or during specified hours of the night, it shall\nnot be executed at night.\n(3) A police officer, or a person assisting him or her, may use the force\nthat is reasonably necessary for the execution of a search warrant.\n(4) A police officer executing a search warrant may seize and remove any\nobject that he or she believes on reasonable grounds to be relevant to\nthe investigation of the offence in relation to which the warrant was\nissued.\n(5) An object seized and removed under subsection (4) shall be dealt with\nin accordance with arrangements in force under section 258.\n(6) A police officer who executes a search warrant—\n(a) shall prepare a notice containing—\n(i) his or her own name and rank; and\n(ii) the name of the magistrate who issued the warrant and the\ndate and time of its issue; and\n(iii) a description of any objects seized and removed under the\n\n(b) shall, as soon as practicable after execution of the warrant, give\nthe notice to the occupier of the premises in respect of which the\nwarrant was issued or leave it for him or her in a prominent\nposition on those premises.\n(7) A search warrant, if not executed at the end of 1 month from the date\nof its issue, shall then expire.\n","sortOrder":274},{"sectionNumber":"257","sectionType":"section","heading":"Offence of hindering execution of search warrant","content":"257 Offence of hindering execution of search warrant\nA person who, without lawful excuse, hinders a police officer, or a\nperson assisting him or her, in the execution of a search warrant shall\nbe guilty of an offence punishable, on conviction, by imprisonment\nfor a period not exceeding 6 months, a fine not exceeding $2 000 or\n","sortOrder":275},{"sectionNumber":"258","sectionType":"section","heading":"Ministerial arrangements for transmission and return of","content":"258 Ministerial arrangements for transmission and return of\nobjects seized under pt 11 or corresponding law\n(1) The Attorney-General may enter into arrangements with a Minister\nof State of a State or another Territory to whom the administration of\na corresponding law is committed under which—\n(a) objects seized under this part that may be relevant to the\ninvestigation of an offence against the law of the State or\nTerritory in which the corresponding law is in force—\n(i) are to be transmitted to the appropriate authority of that\nState or Territory for the purposes of investigation of, or\nproceedings in respect of, that offence; and\n(ii) when no longer required for the purposes of any such\ninvestigation or proceedings, are (unless disposed of by\norder or direction of a court) to be returned to the\ncommissioner of police; and\n\n(b) objects seized under the corresponding law that may be relevant\nto the investigation of an offence against the territory law—\n(i) are to be transmitted to the commissioner of police; and\n(ii) when no longer required for the purposes of investigation\nof an offence or proceedings in respect of an offence, are\n(unless disposed of by order or direction of a court) to be\nreturned to the appropriate authority of the State or\nTerritory where they were seized.\n(2) The owner of an object returned to the commissioner of police under\narrangements under subsection (1) is entitled to the return of the\nobject.\n(3) The right given by subsection (2) is enforceable by action in detinue\nin any court of competent jurisdiction.\n\n","sortOrder":276},{"sectionNumber":"260","sectionType":"section","heading":"What defects do not vitiate indictment","content":"260 What defects do not vitiate indictment\nNo indictment shall be held bad or insufficient for want of an\naverment of any matter unnecessary to be proved, or necessarily\nimplied, nor for the omission of the words ‘as appears by the record’,\nor ‘with force and arms’, or ‘against the peace’, nor for the insertion\nor omission of the words ‘against the form of the statute’, nor for\ndesignating any person by a name of office, or other descriptive\nappellation, instead of his or her proper name, nor for omitting to state\nthe time when the offence was committed, nor for stating the time\nwrongly, if time is not of the essence of the offence, nor for stating\nthe time imperfectly, nor for stating the offence to have been\ncommitted on a day subsequent to the finding of the indictment, or on\nan impossible day, or a day that never happened, nor for want of a\nproper or perfect venue, or a proper or formal conclusion, nor for want\nof or imperfection in any addition of the accused, nor for want of any\nstatement of the value or price of any matter or thing, or the amount\nof damage, or injury, in any case if such value, or price, or amount, is\nnot of the essence of the offence.\n","sortOrder":277},{"sectionNumber":"261","sectionType":"section","heading":"Formal objections—when to be taken","content":"261 Formal objections—when to be taken\nEvery objection to an indictment, for any formal defect apparent on\nthe face of it, shall be taken by demurrer or motion to quash the\nindictment before the jury are sworn, and every court before which\nany such objection is taken may thereupon cause the indictment to be\nforthwith amended, and afterwards the trial shall proceed as if no such\ndefect had appeared.\n","sortOrder":278},{"sectionNumber":"262","sectionType":"section","heading":"Judgment on demurrer to indictment","content":"262 Judgment on demurrer to indictment\nIn all cases the judgment against the accused on demurrer shall be\nthat he or she ‘answer over’ to the charge.\n\n","sortOrder":279},{"sectionNumber":"263","sectionType":"section","heading":"Traversing indictment","content":"263 Traversing indictment\n(1) No traverse shall in any case be allowed, or trial postponed, or time\nto plead to the indictment given, unless the court shall so order.\n(2) If the judge is of opinion that the accused ought to be allowed time,\neither to prepare for his or her defence, or otherwise, the judge shall\npostpone the trial on the terms that the judge considers appropriate,\nand may respite the recognisances of the prosecutor and witnesses\naccordingly.\n","sortOrder":280},{"sectionNumber":"264","sectionType":"section","heading":"Orders for amendment of indictment, separate trial and","content":"264 Orders for amendment of indictment, separate trial and\npostponement of trial\n(1) If, before trial, or at any stage of a trial, it appears to the court that the\nindictment is defective, the court shall make the order for the\namendment of the indictment that the court thinks necessary to meet\nthe circumstances of the case, unless, having regard to the merits of\nthe case, the required amendments cannot be made without injustice.\n(2) If, before trial, or at any stage of a trial, the court is of opinion that a\nperson accused may be prejudiced or embarrassed in his or her\ndefence because of being charged with more than 1 offence in the\nsame indictment, or that for any other reason it is desirable to direct\nthat the person should be tried separately for 1 or more offences\ncharged in an indictment, the court may order a separate trial of a\ncount or counts of the indictment.\n(3) If, before trial, or at any stage of a trial, the court is of opinion that\nthe postponement of the trial of a person accused is expedient as a\nconsequence of the exercise of a power of the court under this Act to\namend an indictment or to order a separate trial of a count, the court\nshall make any order that appears necessary.\n\n(4) If an order of the court is made under this section for a separate trial,\nor for the postponement of a trial—\n(a) if the order is made during a trial—the court may order that the\njury are to be discharged from giving a verdict on the count or\ncounts the trial of which is postponed, or on the indictment, as\nthe case may be; and\n(b) the procedure on the separate trial of a count and the procedure\non the postponed trial shall be the same in all respects (if the jury\nhas been discharged), as if the trial had not commenced; and\n(c) the court may make the order as to admitting the accused person\nto bail and as to the variation of bail arrangements and otherwise\nthat the court thinks fit.\n(5) A power of the court under this section shall be in addition to and not\nin derogation of any other power of the court for the same or similar\npurposes.\n","sortOrder":281},{"sectionNumber":"265","sectionType":"section","heading":"Amended indictment","content":"265 Amended indictment\nIf an indictment is amended, a note of the order for amendment shall\nbe endorsed on the indictment, and the indictment in its amended\nform shall be treated as the indictment for the purposes of the trial\nand for the purposes of all proceedings in relation to, or consequent\non, the trial.\n","sortOrder":282},{"sectionNumber":"266","sectionType":"section","heading":"Verdict and judgment valid after amendment","content":"266 Verdict and judgment valid after amendment\nEvery verdict, and judgment, given after the making of any\namendment under this Act, shall be of the same force and effect, as if\nthe indictment had originally been in the words, and form, in which\nit is after the amendment.\n\n","sortOrder":283},{"sectionNumber":"267","sectionType":"section","heading":"Form of record after amendment","content":"267 Form of record after amendment\nIf it is necessary at any time to draw up a formal record, in any case\nwhere an amendment has been made, the record may be drawn up in\nthe words and form of the amended indictment, without noticing the\nfact of amendment.\n","sortOrder":284},{"sectionNumber":"268","sectionType":"section","heading":"Respiting undertakings on postponement","content":"268 Respiting undertakings on postponement\nIf the trial is postponed the court may respite the undertakings of the\nprosecutor and witnesses requiring them severally to appear and\nprosecute, or give evidence, at the time and place to which the trial is\nso postponed.\n","sortOrder":285},{"sectionNumber":"269","sectionType":"section","heading":"Separate offences—when can be joined","content":"269 Separate offences—when can be joined\nIn every case counts may be inserted in the same indictment, against\nthe same person, for any number of distinct offences of the same kind,\nnot exceeding 3, committed against the same person if no more than\n6 months have elapsed between the first and last of those offences.\n","sortOrder":286},{"sectionNumber":"270","sectionType":"section","heading":"Accessories may be charged together in 1 indictment","content":"270 Accessories may be charged together in 1 indictment\nFor any offence, any number of accessories to the offence, whether\nbefore or after the fact, may be charged with substantive offences in\nthe same indictment, and be tried together, although the principal\noffender is not included in the indictment, or is not in custody or\namenable to justice.\n","sortOrder":287},{"sectionNumber":"271","sectionType":"section","heading":"Indictment charging previous offence also","content":"271 Indictment charging previous offence also\nIn an indictment for an offence committed after a previous conviction\nfor an offence, whether indictable or punishable on summary\nconviction, it shall be sufficient, after charging the subsequent\noffence, to state that the accused was at a certain time and place\nconvicted of an indictable offence, or an offence punishable on\nsummary conviction, as the case may be, without particularly\ndescribing the previous offence.\n\n","sortOrder":288},{"sectionNumber":"272","sectionType":"section","heading":"Property of partners or joint owners","content":"272 Property of partners or joint owners\n(1) If, in any indictment, it is necessary to mention, for any purpose, any\npartners, joint tenants or tenants in common, it shall be sufficient to\ndescribe them by naming 1 of them, and referring to the rest as\n‘another’, or ‘others’, as the case may be.\n(2) This section shall extend to all joint-stock companies, executors,\nadministrators, and trustees.\n","sortOrder":289},{"sectionNumber":"273","sectionType":"section","heading":"Description of written instruments","content":"273 Description of written instruments\nIf a written, or printed, instrument, or instrument partly written and\npartly printed, is the subject of an indictment, or it is necessary to\nmake an averment in an indictment respecting such instrument, it\nshall be sufficient to describe the instrument by any name or\ndesignation by which the instrument is usually known, or by the\npurport of it, without setting out any copy of it, or otherwise\ndescribing it, and without stating its value.\n","sortOrder":290},{"sectionNumber":"274","sectionType":"section","heading":"General averment of intent to defraud or injure","content":"274 General averment of intent to defraud or injure\n(1) If it is necessary to allege an intent to defraud, or injure, it shall be\nsufficient to allege that the accused did the act with the intent, without\nalleging an intent to defraud, or injure, any particular person.\n(2) In an indictment for doing an act fraudulently, or for a fraudulent\npurpose, it shall not be necessary to state what was the fraudulent\nintent, or purpose.\n","sortOrder":291},{"sectionNumber":"275","sectionType":"section","heading":"Indictment for murder or manslaughter","content":"275 Indictment for murder or manslaughter\nIn an indictment for murder, or manslaughter, it shall not be necessary\nto set out the way in which, or the means by which, the death alleged\nwas caused, but it shall be sufficient in an indictment for murder to\ncharge that the accused did murder the deceased, and in an indictment\nfor manslaughter to charge that the accused did kill the deceased.\n\n","sortOrder":292},{"sectionNumber":"276","sectionType":"section","heading":"Form of indictment against accessories to murder","content":"276 Form of indictment against accessories to murder\nIn an indictment against an accessory to murder, or manslaughter, it\nshall be sufficient to charge the offence of the principal in the way\nspecified, and then to charge the accused as an accessory.\n","sortOrder":293},{"sectionNumber":"277","sectionType":"section","heading":"Addition of count for assault","content":"277 Addition of count for assault\nIn an indictment for an offence against the person, if the offence\nincludes an assault, a count may be added for the assault.\n","sortOrder":294},{"sectionNumber":"279","sectionType":"section","heading":"Indictments for conspiracy","content":"279 Indictments for conspiracy\n(1) In an indictment for conspiracy it shall not be necessary to state any\novert act, and each defendant in any case of conspiracy, whether or\nnot 2 or more defendants are included in the same indictment, may be\ncharged separately, in any count, as having conspired with divers\npersons, of whom it shall be sufficient to name 1 only, or as having\nconspired with 1 other named person only, and may be convicted on\nsuch count on proof of his or her having unlawfully conspired for the\npurpose alleged with any 1 such person.\n(2) No more than 3 counts against the same defendant shall be inserted\nin any such indictment, and that the court may, in any case before plea\npleaded, order the particulars to be given, that to the court shall seem\nmeet, and that if conspiracies substantially different are charged in\nthe same indictment, the prosecutor may be put to his or her election\nas to the one on which he or she will proceed.\n","sortOrder":295},{"sectionNumber":"280","sectionType":"section","heading":"Arraignment etc on charge of previous conviction","content":"280 Arraignment etc on charge of previous conviction\n(1) No person shall be arraigned, in respect of any previous conviction\ncharged in any indictment, unless he or she is convicted of the\nsubsequent offence charged in the indictment.\n(2) On conviction he or she shall forthwith be arraigned, and the jury\nshall be charged as to the previous conviction, or convictions, and the\ntrial shall proceed in relation to them.\n\n","sortOrder":296},{"sectionNumber":"280A","sectionType":"section","heading":"Treason trials","content":"280A Treason trials\nA person charged with treason shall be arraigned and tried in like\nmanner, and according to the like course and order of trial, in every\nrespect as if the person were charged with murder.\n","sortOrder":297},{"sectionNumber":"281","sectionType":"section","heading":"Plea of not guilty","content":"281 Plea of not guilty\nIf any person arraigned on an indictment pleads not guilty, he or she\nshall, without further form, be deemed to have put himself or herself\non the country for trial, and the court shall, in the usual way, order a\njury for his or her trial accordingly.\n","sortOrder":298},{"sectionNumber":"282","sectionType":"section","heading":"Refusal to plead","content":"282 Refusal to plead\nIf any person being so arraigned stands mute, or will not answer\ndirectly to the indictment, the court may order a plea of not guilty to\nbe entered on behalf of the person, and the plea so entered shall have\nthe same effect as if he or she had actually pleaded not guilty.\n","sortOrder":299},{"sectionNumber":"283","sectionType":"section","heading":"Plea of autrefois convict etc","content":"283 Plea of autrefois convict etc\nIn any plea of autrefois convict, or of autrefois acquit, it shall be\nsufficient for the accused to allege that he or she has been lawfully\nconvicted, or acquitted, as the case may be, of the offence charged in\nthe indictment, without specifying the time or place of the previous\nconviction or acquittal.\n","sortOrder":300},{"sectionNumber":"284","sectionType":"section","heading":"Practice as to entering the dock","content":"284 Practice as to entering the dock\nIn every case the presiding judge shall have power to order the\naccused to enter the dock, or usual place of arraignment, or to allow\nhim or her to remain on the floor of the court, and in either case to sit\ndown, as the judge shall see fit.\n\n","sortOrder":301},{"sectionNumber":"285","sectionType":"section","heading":"Accused may be defended by lawyer","content":"285 Accused may be defended by lawyer\n(1) An accused person has the right in any court to—\n(a) make a full answer and defence to a charge by a lawyer; and\n(b) reserve the person’s address until after the close of the evidence\nfor the defence.\n(2) If the accused person reserves the person’s address until after the\nclose of the evidence for the defence, all evidence in reply for the\nprosecution must be given before the person’s address.\n","sortOrder":302},{"sectionNumber":"286","sectionType":"section","heading":"Right to inspect depositions on trial","content":"286 Right to inspect depositions on trial\nEvery accused person shall be entitled on his or her trial to inspect,\nwithout fee or reward, all depositions taken against him or her and\nreturned into, or that shall be in, the court before which he or she is\nunder trial.\n","sortOrder":303},{"sectionNumber":"287","sectionType":"section","heading":"Power of judge to record verdict of acquittal","content":"287 Power of judge to record verdict of acquittal\n(1) If, on the trial of a person for an offence against this Act or any other\nterritory law, the judge would have power to direct the jury to return\na verdict of acquittal in respect of that offence, the judge may, instead\nof giving such a direction, make an order—\n(a) discharging the jury from returning a verdict in respect of that\n(b) recording a verdict of acquittal in respect of that offence.\n(2) An order under subsection (1) shall, for all purposes, have the same\neffect as a verdict of acquittal returned by a jury.\n\n","sortOrder":304},{"sectionNumber":"288","sectionType":"section","heading":"Notice of alibi","content":"288 Notice of alibi\n(1) If a defendant is committed for trial for an indictable offence, the\ncommitting magistrate shall—\n(a) inform the defendant of the requirements of subsections (2), (3),\n(4) and (6); and\n(b) cause a copy of this section to be given to the defendant.\n(2) On a trial on indictment the defendant must not, without the court’s\nleave, present evidence in support of an alibi unless, within 14 days\nafter the day the defendant is committed for trial, the defendant gives\nnotice of particulars of the alibi.\n(3) On a trial on indictment the defendant shall not, without the leave of\nthe court, call any other person to give evidence in support of an alibi\n(a) the notice given under subsection (2) includes the name and\naddress of the person or, if the name or address is not known to\nthe defendant at the time he or she gives the notice, any\ninformation in his or her possession that might be of material\nassistance in finding the person; and\n(b) if the name or the address is not included in the notice—the court\nis satisfied that the defendant before giving the notice took, and\nafter giving the notice continued to take, all reasonable steps to\nascertain the name or address; and\n(c) if the name or the address is not included in the notice, but the\ndefendant subsequently ascertains the name or address or\nreceives information that might be of material assistance in\nfinding the person—the defendant forthwith gives notice of the\nname, address or other information, as the case may be; and\n\n(d) if the defendant is told by or on behalf of the prosecution that\nthe person has not been found by the name, or at the address,\ngiven by the defendant—\n(i) the defendant immediately gives notice of any information\nin the defendant’s possession that might be of material\nassistance in finding the person; or\n(ii) if the defendant later receives any such information—the\ndefendant immediately gives the prosecution notice of the\ninformation.\n(4) A notice purporting to be given under this section on behalf of the\ndefendant by his or her legal practitioner shall, unless the contrary is\nproved, be deemed to be given with the authority of the defendant.\n(5) Any evidence tendered to disprove an alibi may, subject to any\ndirection by the court, be given before or after evidence is given in\nsupport of the alibi.\n(6) A notice under this section shall be given in writing addressed to the\ndirector of public prosecutions.\nevidence in support of an alibi means evidence tending to show that\nby reason only of the presence of the defendant at a particular place\nor in a particular area at a particular time he or she was not, or was\nunlikely to have been, at the place where the offence is alleged to have\nbeen committed at the time of its alleged commission.\n","sortOrder":305},{"sectionNumber":"289","sectionType":"section","heading":"Abolition of presumption of marital coercion","content":"289 Abolition of presumption of marital coercion\nAny presumption of law that an offence committed by a wife in the\npresence of her husband is committed under the coercion of the\nhusband is abolished.\n\n","sortOrder":306},{"sectionNumber":"290","sectionType":"section","heading":"Incriminating statements admissible though on oath","content":"290 Incriminating statements admissible though on oath\nNo incriminating statement by the accused, offered in evidence in any\ncase, if the statement was made voluntarily, and before any charge\npreferred against him or her, shall be rejected, because of the\nstatement having been on oath.\n","sortOrder":307},{"sectionNumber":"291","sectionType":"section","heading":"Evidence of previous conviction charged in indictment","content":"291 Evidence of previous conviction charged in indictment\nNo evidence of any previous conviction, charged in an indictment,\nshall be offered, except in reply to evidence of character, unless the\naccused is convicted of the subsequent offence charged in the\nindictment.\n","sortOrder":308},{"sectionNumber":"292","sectionType":"section","heading":"Proof of lawful authority or excuse","content":"292 Proof of lawful authority or excuse\nIf, by this Act, doing a particular act or having a specified article or\nthing in possession without lawful authority or excuse, is made or\nexpressed to be an offence, the proof of lawful authority or excuse\nshall lie on the accused.\n","sortOrder":309},{"sectionNumber":"294","sectionType":"section","heading":"Order of closing addresses","content":"294 Order of closing addresses\n(1) In a trial on indictment, the closing address for the defence may be\ngiven after the closing address for the prosecution.\n(2) If, in the closing address for the defence in a trial on indictment,\nrelevant facts are asserted that are not supported by any evidence that\nis before the jury, the prosecution may, with the leave of the court,\naddress the jury further in reply to any such assertion.\n","sortOrder":310},{"sectionNumber":"295","sectionType":"section","heading":"Witnesses in mitigation","content":"295 Witnesses in mitigation\n(1) This section applies before a court passes sentence on a convicted\n(2) The court may, at its own initiative or at the request of the prosecution\nor the convicted person, summon witnesses and examine them on\noath in relation to any matter in extenuation of the person’s offence.\n\n","sortOrder":311},{"sectionNumber":"296","sectionType":"section","heading":"Conviction for alternative offence","content":"296 Conviction for alternative offence\nIf, on the trial of a person for an offence, it appears that the facts in\nevidence amount in law to another offence, he or she may\nnotwithstanding be found guilty of and sentenced for the\nfirstmentioned offence, and in that case shall not be liable to be\nprosecuted for the secondmentioned offence on the same facts but the\ncourt may discharge the jury from giving any verdict on the trial, and\ndirect the person to be indicted for the secondmentioned offence.\n","sortOrder":312},{"sectionNumber":"297","sectionType":"section","heading":"After trial for offence, if alternative verdict possible, no","content":"297 After trial for offence, if alternative verdict possible, no\nfurther prosecution\nNo person tried for an offence, in any case where under this Act he or\nshe may be acquitted of the offence but be found guilty of some other\noffence, shall be liable to prosecution on the same facts for the other\n","sortOrder":313},{"sectionNumber":"298","sectionType":"section","heading":"On trial for any offence—verdict of attempt","content":"298 On trial for any offence—verdict of attempt\nIf on the trial of a person for any offence the jury are not satisfied that\nhe or she is guilty, but are satisfied that he or she is guilty of an\nattempt to commit, or of an assault with intent to commit, the same,\nthey may acquit him or her of the offence charged, and find him or\nher guilty of the attempt, or assault, and he or she shall be liable to\npunishment accordingly.\n\n","sortOrder":314},{"sectionNumber":"299","sectionType":"section","heading":"Multiple alternative verdicts","content":"299 Multiple alternative verdicts\nIf—\n(a) a person is on trial for an offence against this Act; and\n(b) under this Act, the jury may find the accused not guilty of the\noffence charged but guilty of another offence against this Act;\nand\n(c) there is more than 1 other offence of which the accused may be\nfound guilty;\nthen, notwithstanding any other provision of this Act, the accused is\nnot liable to be convicted of more than 1 such other offence.\n\n","sortOrder":315},{"sectionNumber":"Part 13","sectionType":"part","heading":"Unfitness to plead and mental","content":"Part 13 Unfitness to plead and mental\n","sortOrder":316},{"sectionNumber":"300","sectionType":"section","heading":"Definitions for pt 13","content":"300 Definitions for pt 13\nACAT means the ACAT exercising its jurisdiction under the Mental\naccused, for a person before the Magistrates Court, means the\ndefendant.\nalternative offence, for an offence, means an offence available as an\nalternative to the offence.\nconduct—see the Criminal Code, section 13.\ndefendant—see the Magistrates Court Act 1930, section 18A.\nengage in conduct—see the Criminal Code, section 13.\nforensic mental health order—see the Mental Health Act 2015,\nmental health order—see the Mental Health Act 2015, dictionary.\n(a) an offence punishable by imprisonment for longer than 1 year if\nthe factual circumstances of the offending involve actual or\nthreatened violence and substantial risk of harm to another\nNote Serious offence is defined differently for div 13.4 (see s 325).\nspecial hearing means a hearing conducted in accordance with\nsection 316.\n\n(2) To remove any doubt, a reference in this part to the Magistrates Court\nincludes a reference to the Childrens Court.\n","sortOrder":317},{"sectionNumber":"301","sectionType":"section","heading":"Limitation on orders and detention—non-acquittals","content":"301 Limitation on orders and detention—non-acquittals\n(1) If, under section 318 (2) or 319 (2), the Supreme Court makes an\norder that the accused be detained in custody for immediate review\nby the ACAT, the court must indicate whether, if the special hearing\nhad been normal criminal proceedings against a person who was fit\nto be tried for and convicted of the offence with which the accused is\ncharged, it would have imposed a sentence of imprisonment.\n(2) If, under subsection (1), the Supreme Court indicates that it would\nof the sentence it would have considered appropriate if the special\nhearing had been normal criminal proceedings against a person who\nwas fit to be tried for that offence and the person had been found\nguilty of that offence.\n(3) In nominating a term in relation to an offence, the Supreme Court\nSupreme Court nominates the term unless the court—\n(a) after taking into account any periods mentioned in subsection\n(3), nominates an earlier day; or\n\n","sortOrder":318},{"sectionNumber":"302","sectionType":"section","heading":"Limitation on orders and detention—acquittals","content":"302 Limitation on orders and detention—acquittals\n(1) If, under section 323 or 324, the Supreme Court makes an order that\nthe accused be detained in custody for immediate review by the\nACAT, the court must indicate whether, if the accused had not been\nacquitted, it would have imposed a sentence of imprisonment.\n(2) If, under subsection (1), the Supreme Court indicates that it would\nhave imposed a sentence of imprisonment, it must nominate a term (a\nnominated term) in respect of that offence, that is the best estimate\nof the sentence it would have considered appropriate if the accused\nwere a person who had been found guilty of that offence.\n(3) In nominating a term in relation to an offence, the Supreme Court\nSupreme Court nominates the term unless the court—\n","sortOrder":319},{"sectionNumber":"303","sectionType":"section","heading":"Limitation on Supreme Court orders","content":"303 Limitation on Supreme Court orders\nThe Supreme Court must not order that an accused be detained for a\nperiod greater than the nominated term under section 301 or 302.\n\n","sortOrder":320},{"sectionNumber":"304","sectionType":"section","heading":"Limitation on orders and detention—dismissal of charge","content":"304 Limitation on orders and detention—dismissal of charge\n(1) If under section 328 or 329, the Magistrates Court makes an order that\nthe accused be detained in custody for immediate review by the\nACAT, the court must indicate whether, if the charges against the\naccused had not been dismissed and the accused were a person who\nhad been found guilty of the offence, it would have imposed a\nsentence of imprisonment.\n(2) If, under subsection (1), the Magistrates Court indicates that it would\nof the sentence it would have considered appropriate if the accused\nwere a person who had been found guilty of that offence.\n(3) In nominating a term in relation to an offence, the Magistrates Court\nMagistrates Court nominates the term unless the court—\n\n","sortOrder":321},{"sectionNumber":"305","sectionType":"section","heading":"Limitation on orders and detention—Magistrates Court","content":"305 Limitation on orders and detention—Magistrates Court\n(1) If under section 335, the Magistrates Court makes an order that the\naccused be detained in custody for immediate review by the ACAT,\nthe Magistrates Court must indicate whether, if the hearing had been\na normal criminal hearing against a person who was fit to be tried for\nand convicted of the offence with which the accused is charged, it\nwould have imposed a sentence of imprisonment.\n(2) If, under subsection (1), the Magistrates Court indicates that it would\nof the sentence it would have considered appropriate if the hearing\nhad been a normal criminal hearing against a person who was fit to\nbe tried for that offence and the person had been found guilty of that\n(3) In nominating a term in relation to an offence, the Magistrates Court\nMagistrates Court nominates the term unless the court—\n","sortOrder":322},{"sectionNumber":"306","sectionType":"section","heading":"Limitation on Magistrates Court orders","content":"306 Limitation on Magistrates Court orders\nThe Magistrates Court must not order that an accused be detained for\na period greater than the nominated term under section 304 (2) or\n305 (2).\n\n","sortOrder":323},{"sectionNumber":"307","sectionType":"section","heading":"How relevant court may inform itself","content":"307 How relevant court may inform itself\nFor sections 301, 302, 304 and 305, in determining the sentence it\nwould have imposed, the relevant court may inform itself and\nconsider the evidence and submissions that it would were the court\ndetermining the sentence to be imposed in normal criminal\nproceedings.\n","sortOrder":324},{"sectionNumber":"308","sectionType":"section","heading":"Criteria for detention","content":"308 Criteria for detention\nFor this part, other than division 13.5 (except section 335), in making\na decision which could include an order for detention, the Supreme\nCourt or Magistrates Court shall consider the following criteria:\n(a) the nature and extent of the accused’s mental impairment,\nincluding the effect it is likely to have on the person’s behaviour\nin the future;\n(b) whether or not, if released—\n(i) the accused’s health and safety is likely to be substantially\nimpaired; or\n(ii) the accused is likely to be a danger to the community;\n(c) the nature and circumstances of the offence with which the\naccused is charged;\n(d) the principle that a person should not be detained in a\ncorrectional centre unless no other reasonable option is\navailable;\n(e) any recommendation made by the ACAT about how the accused\nshould be dealt with.\n\n","sortOrder":325},{"sectionNumber":"309","sectionType":"section","heading":"Assessment whether emergency detention required","content":"309 Assessment whether emergency detention required\n(1) If, in a proceeding in the Magistrates Court, the court has reasonable\ngrounds for believing that an accused needs immediate treatment or\ncare because of mental impairment, the court may, without requiring\nthe accused to submit to the jurisdiction of the ACAT, order that—\n(a) the accused be taken by a police officer or corrections officer to\nan approved mental health facility for clinical examination for\nthe purpose of deciding whether the accused needs immediate\ntreatment or care because of mental impairment; and\n(b) the accused may only be released into the custody of a police\nofficer—\n(i) by the person in charge of the approved mental health\nfacility; or\n(ii) if the accused is found to need detention and care because\nof mental impairment—by the person who is in charge of\nan approved mental health facility where the accused is\ndetained for care; and\n(c) on being so released, the accused be dealt with in 1 of the\nfollowing ways:\n(i) subject to subsection (2) and despite the Bail Act, be\nadmitted to bail by an authorised officer;\n(ii) despite the Bail Act, be held in the custody of a police\nofficer who shall cause the accused to be brought before a\ncourt as soon as practicable for the purpose of the court\ndetermining whether or not to grant bail;\n(iii) be dealt with by an authorised officer in accordance with\nthe Bail Act.\n\n(2) If, when making an order under subsection (1) (c) (i), the Magistrates\nCourt specifies terms and conditions on which bail is to be granted,\nan authorised officer may only grant bail subject to those terms and\nconditions.\n(3) If, under this section, an accused who is taken to an approved mental\nhealth facility—\n(a) is released or discharged from the facility, otherwise than into\nthe custody of a police officer; or\n(b) leaves the facility, otherwise than in the custody of a police\na police officer may arrest the accused without warrant for the\npurposes of the terms of the order being satisfied.\napproved mental health facility—see the Mental Health Act 2015,\nauthorised officer—see the Bail Act, dictionary.\nBail Act means the Bail Act 1992.\n","sortOrder":326},{"sectionNumber":"310","sectionType":"section","heading":"Application of div 13.2","content":"310 Application of div 13.2\nThis division applies to a criminal proceeding in the Supreme Court\nor the Magistrates Court.\n","sortOrder":327},{"sectionNumber":"311","sectionType":"section","heading":"When a person is unfit to plead","content":"311 When a person is unfit to plead\n(1) A person is unfit to plead to a charge if the person’s mental processes\nare disordered or impaired to the extent that the person cannot—\n(a) understand the nature of the charge; or\n\n(b) enter a plea to the charge and exercise the right to challenge\njurors or the jury; or\n(c) understand that the proceeding is an inquiry about whether the\nperson committed the offence; or\n(d) follow the course of the proceeding; or\n(e) understand the substantial effect of any evidence that may be\ngiven in support of the prosecution; or\n(f) give instructions to the person’s lawyer.\n(2) A person is not unfit to plead only because the person is suffering\nfrom memory loss.\n","sortOrder":328},{"sectionNumber":"312","sectionType":"section","heading":"Presumption of fitness to plead, standard of proof etc","content":"312 Presumption of fitness to plead, standard of proof etc\n(1) A person is presumed to be fit to plead.\n(2) The presumption is rebutted only if it is established, on an\ninvestigation under this division, that the person is unfit to plead.\n(3) The question of a person’s fitness to plead—\n(a) is a question of fact; and\n(b) is to be decided on the balance of probabilities.\n(4) No party bears a burden of proof in relation to the question.\n","sortOrder":329},{"sectionNumber":"313","sectionType":"section","heading":"Who can raise question of unfitness to plead","content":"313 Who can raise question of unfitness to plead\nThe question of a defendant’s fitness to plead to a charge may be\nraised by a party to a proceeding in relation to the charge or by the\n\n","sortOrder":330},{"sectionNumber":"314","sectionType":"section","heading":"Procedure if question raised","content":"314 Procedure if question raised\n(1) If the question is raised in the Magistrates Court (other than at a\ncommittal hearing) and the court is satisfied that there is a real and\nsubstantial question about the defendant’s fitness to plead, the court\nmust reserve the question for investigation under this division.\n(2) If the question is raised at a committal hearing—\n(a) the committal hearing must be completed; and\n(b) the defendant must not be discharged only because the question\nhas been raised; and\n(c) if the person is committed for trial—the question must be\nreserved for consideration by the Supreme Court.\n(3) If the question has been reserved under subsection (2) (c) or is\notherwise raised in the Supreme Court and the court is satisfied that\nthere is a real and substantial question about the defendant’s fitness\nto plead, the court must reserve the question for investigation under\nthis division.\n","sortOrder":331},{"sectionNumber":"315","sectionType":"section","heading":"Procedure if question reserved for investigation","content":"315 Procedure if question reserved for investigation\n(1) If a court reserves the question for investigation, the court must\nadjourn the hearing or trial in which the question was raised and\nproceed with an investigation under this division.\n(2) The court may make 1 or more of the following orders:\n(a) an order granting bail;\n(b) an order remanding the defendant in custody in an appropriate\nplace for a stated period;\n(c) an order requiring the defendant to be examined by a psychiatrist\nor other health practitioner;\n(d) if the question arose in a trial for which a jury had been\nempanelled—an order discharging the jury;\n\n(e) any other order the court considers appropriate.\n(3) The court must not make an order under subsection (2) (b) remanding\nthe defendant in custody at a place other than a correctional centre\nunless satisfied that the facilities or services necessary for the order\nare available at the place.\n(4) If the court considers that, because of the trivial nature of the charge\nor the nature of the defendant’s mental impairment, it would be\ninappropriate to inflict any punishment on the defendant in relation to\nthe offence, the court may decide not to carry out or continue the\ninvestigation and may dismiss the charge and order that the person be\nreleased.\n","sortOrder":332},{"sectionNumber":"315A","sectionType":"section","heading":"Investigation into fitness to plead","content":"315A Investigation into fitness to plead\n(1) On an investigation into a defendant’s fitness to plead—\n(a) the court must hear any relevant evidence and submissions put\nto the court by the prosecution or the defence; and\n(b) if the court considers that it is in the interests of justice to do so,\nthe court may—\n(i) call evidence on its own initiative; or\n(ii) require the defendant to be examined by a psychiatrist or\nother health practitioner; or\n(iii) require the results of the examination to be put before the\n(2) Before hearing any evidence or submissions, the court must consider\nwhether, for the protection of the defendant’s privacy, the court\nshould be closed to the public while all or part of the evidence or\nsubmissions are heard.\n(3) The court must decide whether the defendant is unfit to plead.\n\n(4) If the court finds that the defendant is unfit to plead, the court must\nalso decide whether the defendant is likely to become fit to plead\nwithin the next 12 months.\n","sortOrder":333},{"sectionNumber":"315B","sectionType":"section","heading":"Person found fit to plead","content":"315B Person found fit to plead\nIf the court decides that the defendant is fit to plead, the proceeding\nbrought against the defendant must be continued in accordance with\nordinary criminal procedure.\n","sortOrder":334},{"sectionNumber":"315C","sectionType":"section","heading":"Person found unfit to plead and unlikely to become fit to","content":"315C Person found unfit to plead and unlikely to become fit to\nplead\nIf the court decides that the defendant is unfit to plead and is unlikely\nto become fit to plead within the next 12 months, the court must—\n(a) for a proceeding in the Supreme Court—\n(i) discharge any jury empanelled for the proceeding; and\n(ii) hold a special hearing under section 316; and\n(b) for a proceeding in the Magistrates Court—conduct a hearing\nunder section 335.\n","sortOrder":335},{"sectionNumber":"315D","sectionType":"section","heading":"Person found temporarily unfit to plead","content":"315D Person found temporarily unfit to plead\n(1) If the court decides that the defendant is unfit to plead but is likely to\nbecome fit to plead within the next 12 months, the court must adjourn\nthe proceeding and—\n(a) if the defendant is charged with a serious offence—remand the\ndefendant in custody or release the defendant on bail; and\n(b) if the defendant is charged with an offence other than a serious\noffence—make the orders it considers appropriate.\n\n(2) The orders the court may make under subsection (1) (b) include—\n(a) an order remanding the defendant in custody; and\n(b) an order requiring the defendant to submit to the jurisdiction of\nthe ACAT to allow the ACAT to make a mental health order or\nforensic mental health order.\n(3) The court may (on application or its own initiative) reinvestigate the\ndefendant’s fitness to plead at any time before the end of the\n12-month period.\n(4) However, if the court has not reinvestigated the defendant’s fitness to\nplead within 6 months after the day the initial decision was made, the\ncourt must reinvestigate it as soon as practicable (but within 30 days)\nafter the end of that period.\n(5) If, before the end of the 12-month period, the defendant has not been\nfound fit to plead, the court must reinvestigate the defendant’s fitness\nto plead as soon as practicable (but within 3 months) after the end of\nthat period.\n(6) On a reinvestigation—\n(a) the court must hear any relevant evidence and submissions put\nto the court by the prosecution or the defence; and\n(b) if the court considers that it is in the interests of justice to do so,\nthe court may—\n(i) call evidence on its own initiative; or\n(ii) require the defendant to be examined by a psychiatrist or\nother health practitioner; or\n(iii) require the results of the examination to be put before the\n(7) The court must decide whether the defendant is unfit to plead.\n\n(8) If the court decides that the defendant is fit to plead, the proceeding\nbrought against the defendant must be continued in accordance with\nordinary criminal procedure.\n(9) If, on a reinvestigation mentioned in subsection (5), the court decides\nthat the defendant is unfit to plead, the court must—\n(a) for a proceeding in the Supreme Court—\n(i) discharge any jury empanelled for the proceeding; and\n(ii) hold a special hearing under section 316; and\n(b) for a proceeding in the Magistrates Court—conduct a hearing\nunder section 335.\n","sortOrder":336},{"sectionNumber":"316","sectionType":"section","heading":"Special hearing","content":"316 Special hearing\n(1) Subject to this section, the Supreme Court shall conduct a special\nhearing as nearly as possible as if it were an ordinary criminal\nproceeding.\n(2) A special hearing shall be a trial by jury—\n(a) unless—\n(i) the Supreme Court is satisfied that the accused is capable\nof making an election to have a special hearing to be a trial\nby a single judge without a jury before the court first fixes\na date for the hearing; and\n(ii) the accused makes the election before that date; or\n(b) unless—\n(i) the Supreme Court is satisfied that the accused is incapable\nof making the election mentioned in paragraph (a) (i); and\n(ii) before the court first fixes a date for the hearing, any\nguardian of the accused notifies the court that, in his or her\nopinion, it is in the best interests of the accused for the\nspecial hearing to be a trial by a single judge without a jury.\n\n(3) The Supreme Court must direct the ACAT to appoint a guardian with\npower to notify the court under subsection (2) (b) (ii) if the court is\nsatisfied that—\n(a) there is no guardian who has power to do so; and\n(b) the accused is incapable of making the election mentioned in\nsubsection (2) (a) (i).\n(4) If—\n(a) the accused makes an election under subsection (2) (a) (ii); or\n(b) a guardian notifies the Supreme Court under subsection (2) (b)\n(ii);\nthe special hearing shall be by single judge without a jury.\n(5) Despite subsection (2) (b), if before the date fixed by the Supreme\nCourt for the hearing—\n(a) the court is satisfied that the accused is capable of making the\nelection mentioned in subsection (2) (a) (i); and\n(b) the accused notifies the court that he or she objects to the special\nhearing being a trial by a single judge without a jury;\nthe special hearing shall be a trial by jury.\n(6) Unless the Supreme Court otherwise orders, the accused shall have\nlegal representation at a special hearing.\n(7) A decision that the accused is unfit to plead to the charge is not to be\ntaken to be an impediment to his or her being represented at a special\nhearing.\n(8) At a special hearing, the accused is to be taken to have pleaded not\nguilty in respect of the offence charged.\n(9) If a special hearing is a trial by jury, the Supreme Court shall, at the\ncommencement of the hearing, explain to the jury—\n(a) the meaning of unfitness to plead; and\n\n(b) that the accused is unfit to plead to the charge in accordance with\nordinary criminal procedures; and\n(c) that the purpose of the special hearing is to ensure that, despite\nthe unfitness of the accused to plead in accordance with ordinary\ncriminal procedures, the accused should be acquitted unless it\ncan be proved beyond reasonable doubt that, on the evidence\navailable, the accused engaged in the conduct required for the\noffence charged (or an alternative offence); and\n(d) the actions that are available to the jury under section 317; and\n(e) the legal and practical consequences of those actions.\n","sortOrder":337},{"sectionNumber":"317","sectionType":"section","heading":"Verdicts available at special hearing","content":"317 Verdicts available at special hearing\n(1) At a special hearing that is a trial by jury, the jury shall, if satisfied\nbeyond reasonable doubt that the accused engaged in the conduct\nrequired for the offence charged (or an alternative offence, if not\nsatisfied in relation to the offence charged), advise the court\naccordingly.\n(2) If the jury is not satisfied in accordance with subsection (1)—\n(a) the jury shall return a verdict of not guilty in respect of the\noffence charged; and\n(b) the accused shall be dealt with as though the jury had returned\nthat verdict at an ordinary trial.\n(3) If, at a special hearing by a single judge without a jury, the judge is\nnot satisfied beyond reasonable doubt that the accused engaged in the\nconduct required for the offence charged (or an alternative offence, if\nnot satisfied in relation to the offence charged)—\n(a) the judge shall find the accused not guilty of the offence\ncharged; and\n(b) the accused shall be dealt with as if the accused had been found\nnot guilty at an ordinary trial.\n\n(4) If, at a special hearing, the jury (or, if the special hearing is by a single\njudge without a jury, the judge) is satisfied beyond reasonable doubt\nthat the accused engaged in the conduct required for the offence\ncharged (or an alternative offence, if not satisfied in relation to the\noffence charged), the finding—\n(a) is not a basis in law for recording a conviction for the offence\ncharged (or an alternative offence); and\n(b) except as provided in section 319A (Action if accused becomes\nfit to plead after special hearing), bars further prosecution of the\naccused for any offence in relation to the conduct.\n","sortOrder":338},{"sectionNumber":"318","sectionType":"section","heading":"Non-acquittal at special hearing—non-serious offence","content":"318 Non-acquittal at special hearing—non-serious offence\n(a) an accused is charged with an offence other than a serious\n(b) at a special hearing that is a trial—\n(i) by a single judge without a jury—the judge is satisfied\nconduct required for the offence charged (or an alternative\noffence, if not satisfied in relation to the offence charged);\nor\n(ii) by jury—the jury advises the court under section 317 (1).\n(2) The Supreme Court may make the orders that it considers appropriate,\nincluding—\n\n","sortOrder":339},{"sectionNumber":"319","sectionType":"section","heading":"Non-acquittal at special hearing—serious offence","content":"319 Non-acquittal at special hearing—serious offence\n(a) an accused is charged with a serious offence; and\n(b) at a special hearing that is a trial—\n(i) by a single judge without a jury—the judge is satisfied\nconduct required for the offence charged (or an alternative\noffence, if not satisfied in relation to the offence charged);\nor\n(ii) by jury—the jury advises the court under section 317 (1).\n(2) The Supreme Court must—\n","sortOrder":340},{"sectionNumber":"319A","sectionType":"section","heading":"Action if accused becomes fit to plead after special","content":"319A Action if accused becomes fit to plead after special\nhearing\n(a) the Supreme Court makes an order under section 318 or\nsection 319 in relation to an accused; and\n(b) the offence in relation to which the order is made is punishable\nby imprisonment for 5 years or longer; and\n\nSupreme Court—special verdict of not guilty because of mental\n","sortOrder":341},{"sectionNumber":"Div 13","sectionType":"division","heading":"3","content":"Division 13.3\n(c) the ACAT later decides the accused is fit to plead in relation to\nNote For the relevant review of fitness to plead provisions, see the Mental\nHealth Act 2015, s 176.\n(2) The director of public prosecutions must consider whether to take\nfurther proceedings against the accused in relation to the offence.\n(3) If further proceedings are taken and the accused is found guilty of the\noffence charged (or an alternative offence), the court must, in\ndeciding the sentence for the offence, take into account any time the\naccused has spent in custody or detention in relation to the offence.\nDivision 13.3 Supreme Court—special verdict of not\nguilty because of mental impairment\n","sortOrder":342},{"sectionNumber":"321","sectionType":"section","heading":"Supreme Court—plea of not guilty because of mental","content":"321 Supreme Court—plea of not guilty because of mental\n(1) This section applies if an accused pleads not guilty because of mental\nimpairment to an indictable offence before the Supreme Court.\n(2) The Supreme Court must enter a special verdict that the person is not\nguilty of the offence because of mental impairment if—\n(a) the court considers the verdict appropriate; and\n(b) the prosecution agrees to the entering of the verdict.\n","sortOrder":343},{"sectionNumber":"322","sectionType":"section","heading":"Explanation to jury","content":"322 Explanation to jury\nIf, on the trial by jury of an accused charged with an indictable\noffence, evidence is adduced that tends to establish that the accused\nis entitled to a special verdict of not guilty because of mental\nimpairment, the court shall explain to the jury the verdicts that may\nbe returned at the trial and the legal and practical consequences of\nthose verdicts.\n\nDivision 13.3 Supreme Court—special verdict of not guilty because of mental\n","sortOrder":344},{"sectionNumber":"323","sectionType":"section","heading":"Supreme Court orders following special verdict of not","content":"323 Supreme Court orders following special verdict of not\nguilty because of mental impairment—non-serious\n(1) If an accused has been charged with an indictable offence other than\na serious offence and a special verdict of not guilty because of mental\nimpairment is returned or entered, the Supreme Court may—\n(a) make an order requiring the accused to submit to the jurisdiction\nof the ACAT to enable the ACAT to make recommendations as\nto how he or she should be dealt with; or\n(b) make any other orders it considers appropriate.\n(a) the Supreme Court makes an order under subsection (1) (a); and\n(b) the ACAT notifies the court of its recommendations;\nthe court shall, in consideration of the ACAT’s recommendations,\nmake any further orders it considers appropriate.\n(3) The Supreme Court may make the orders that it considers appropriate,\nincluding—\n","sortOrder":345},{"sectionNumber":"324","sectionType":"section","heading":"Supreme Court orders following special verdict of not","content":"324 Supreme Court orders following special verdict of not\nguilty because of mental impairment—serious offence\n(1) This section applies if an accused is charged with a serious offence\nand a special verdict of not guilty because of mental impairment is\nreturned or entered by the Supreme Court.\n\nMagistrates Court—finding of not guilty because of mental impairment Division 13.4\n(2) The Supreme Court must—\nDivision 13.4 Magistrates Court—finding of not\nguilty because of mental impairment\n325 Meaning of serious offence in div 13.4\n(a) an offence involving actual or threatened violence; or\n327 Magistrates Court—plea of not guilty because of mental\n(1) This section applies if an accused pleads not guilty because of mental\nimpairment to a charge before the Magistrates Court.\n(2) The Magistrates Court must find that the person is not guilty because\nof mental impairment if—\n(a) the court considers the finding appropriate; and\n(b) the prosecution agrees to the finding.\n\nDivision 13.4 Magistrates Court—finding of not guilty because of mental impairment\n","sortOrder":346},{"sectionNumber":"328","sectionType":"section","heading":"Magistrates Court orders following finding of not guilty","content":"328 Magistrates Court orders following finding of not guilty\nbecause of mental impairment—non-serious offence\n(1) If an accused has been charged with an offence other than a serious\noffence and is found not guilty because of mental impairment, the\nMagistrates Court may—\n(a) make an order requiring the accused to submit to the jurisdiction\nof the ACAT to enable the ACAT to make recommendations as\nto how he or she should be dealt with; or\n(b) make any other orders it considers appropriate.\n(a) the Magistrates Court makes an order under subsection (1) (a);\nand\n(b) the ACAT notifies the Magistrates Court of its\nrecommendations;\nthe Magistrates Court shall, in consideration of the ACAT’s\nrecommendations, make any further orders it considers appropriate.\n(3) The orders that the Magistrates Court may make under\nsubsections (1) and (2) include—\n","sortOrder":347},{"sectionNumber":"329","sectionType":"section","heading":"Magistrates Court orders following finding of not guilty","content":"329 Magistrates Court orders following finding of not guilty\nbecause of mental impairment—serious offence\n(1) This section applies if an accused is charged and the Magistrates\nCourt makes a finding of not guilty because of mental impairment.\n\nReferring people with mental impairment to ACAT after conviction Division 13.5\n(2) The Magistrates Court must—\nDivision 13.5 Referring people with mental\nimpairment to ACAT after conviction\n","sortOrder":348},{"sectionNumber":"330","sectionType":"section","heading":"Application of div 13.5","content":"330 Application of div 13.5\nThis division applies if—\n(a) a person has been convicted of an offence in the Supreme Court\nor Magistrates Court; and\n(b) that court is satisfied that the convicted person has a mental\nimpairment.\n","sortOrder":349},{"sectionNumber":"331","sectionType":"section","heading":"Referral to ACAT","content":"331 Referral to ACAT\n(1) If this division applies, the relevant court may, before sentencing the\nconvicted person, order him or her to submit to the jurisdiction of the\nACAT to enable the ACAT—\n(a) to determine whether or not the person has a mental impairment;\nand\n(b) if the ACAT determines that the person has a mental impairment\n—to make recommendations as to how the person should be\ndealt with.\n\n(2) If the ACAT notifies the relevant court that a convicted person has a\nmental impairment, the court shall, in consideration of the ACAT’s\nrecommendations, make any order it considers appropriate.\n(3) The orders that the court may make under subsection (2) include an\norder that the person submit to the jurisdiction of the ACAT to enable\nthe ACAT to make a mental health order or forensic mental health\norder.\n(4) If the relevant court orders a person who is found by the ACAT to\nhave a mental impairment to be sentenced to a period of\nimprisonment, the court shall not order the person to be imprisoned\nfor a period greater than any period of imprisonment to which the\nperson could have been sentenced, apart from that finding.\nDivision 13.6 Summary proceedings against\nmentally impaired people\n","sortOrder":350},{"sectionNumber":"332","sectionType":"section","heading":"Application of div 13.6","content":"332 Application of div 13.6\nThis division applies to criminal proceedings (not including\ncommittal proceedings) with respect to—\n(a) summary offences; and\n(b) indictable offences that may be heard and determined\nsummarily.\n","sortOrder":351},{"sectionNumber":"333","sectionType":"section","heading":"Indictable offences heard and determined summarily","content":"333 Indictable offences heard and determined summarily\nProceedings to which this division applies with respect to an\nindictable offence shall be heard and determined summarily if—\n(a) the Magistrates Court is satisfied that the accused is unable,\nbecause of mental impairment, to elect to have the case heard\n(b) the prosecution agrees to the offence being heard and\ndetermined summarily.\n\n","sortOrder":352},{"sectionNumber":"334","sectionType":"section","heading":"Powers of Magistrates Court","content":"334 Powers of Magistrates Court\n(1) This section applies where, in proceedings to which this division\napplies before the Magistrates Court, that court is satisfied that—\n(a) the accused is mentally impaired; and\n(b) on an outline of the facts to be alleged in the proceedings, or any\nother evidence the Magistrates Court considers relevant, it\nwould be appropriate to deal with the person under this division.\n(2) If this section applies, the Magistrates Court may by order—\n(a) dismiss the charge and require the accused to submit to the\njurisdiction of the ACAT to enable the ACAT to make a mental\nhealth order or forensic mental health order; or\n(b) dismiss the charge unconditionally.\n(3) In determining whether to make an order under subsection (2) (a) or\n(b), the Magistrates Court shall have regard to—\n(a) the nature and seriousness of the mental impairment; and\n(b) the period for which the mental impairment is likely to continue;\nand\n(c) the extent to which by reason of the accused’s mental\nimpairment the accused is likely to do serious harm to himself\nor herself or others; and\n(d) whether the ACAT could make an order under the Mental\nHealth Act 2015, section 101 (Forensic psychiatric treatment\norder) or section 108 (Forensic community care order); and\n(e) the seriousness of the alleged offence; and\n(f) the antecedents of the accused; and\n\n(g) the effectiveness of any order previously made under\nsubsection (2) (a) or (b), including to the extent to which—\n(i) the order assisted the accused to obtain appropriate\ntreatment and care for his or her mental impairment; and\n(ii) access to that treatment and care has enabled the accused\nto modify his or her behaviour, being behaviour of a kind\nthat has previously resulted in the accused having been\ncharged with an offence.\n(4) Despite subsection (2), the Magistrates Court may only make an order\nunder that subsection in relation to proceedings with respect to an\nindictable offence that may be heard and determined summarily with\nthe consent of the director of public prosecutions.\n(5) If the Magistrates Court makes an order under subsection (2) (a), the\norder operates as a stay of proceedings, or of further proceedings,\nagainst the accused in relation to the offence.\n(6) If the Magistrates Court makes an order under subsection (2), it must\nnot make an order under any of the following provisions of the Crimes\n(Sentencing) Act 2005 for the offence:\n(a) section 13 (Good behaviour orders);\n(b) section 17 (Non-conviction orders—general);\n(c) section 19 (Reparation orders—losses and expenses generally);\n(d) section 20 (Reparation orders—stolen property).\n(7) An order under subsection (2) does not constitute a finding that an\noffence has or has not been committed.\n(8) In proceedings to which this section applies, to determine whether an\naccused has a mental impairment, the Magistrates Court may make\nany orders it considers appropriate, including the following:\n(a) that the accused submit to the jurisdiction of the ACAT;\n(b) that the proceedings be adjourned;\n\n(c) that the person be released on bail.\n(9) If the Magistrates Court makes an order under subsection (8) (a), the\nACAT shall notify the Magistrates Court about each of the matters\nreferred to in subsection (3) (a) to (d).\n","sortOrder":353},{"sectionNumber":"335","sectionType":"section","heading":"Fitness to plead—Magistrates Court","content":"335 Fitness to plead—Magistrates Court\n(1) This section applies to an indictable offence that can be heard and\ndetermined summarily if the Magistrates Court is of the opinion that\nthe case can properly be disposed of summarily having regard to—\n(a) any relevant representations made by the accused; and\npresence of the accused; and\n(c) the circumstances and, in particular, the degree of seriousness of\nthe case; and\n(d) any other circumstances that appear to the Magistrates Court to\nmake it more appropriate for the case to be dealt with on\nindictment rather than summarily.\n(2) If this section applies and—\n(a) the Magistrates Court decides as mentioned in section 315C or\nsection 315D (9) that the accused charged with a serious offence\nis unfit to plead; and\n(b) after hearing the charge, the Magistrates Court is satisfied\nconduct required for the offence charged;\nthe Magistrates Court shall order that the accused be detained in\ncustody until the ACAT orders otherwise unless, in consideration of\nthe criteria for detention in section 308, it is satisfied that it is more\nappropriate to order that the accused submit to the jurisdiction of the\nACAT to enable the ACAT to make a mental health order or forensic\nmental health order.\n\n(3) If, under subsection (2), the Magistrates Court is satisfied that it is\nmore appropriate to order that the accused submit to the jurisdiction\nof the ACAT to enable the ACAT to make a mental health order or\nforensic mental health order, it shall make an order to that effect.\n(4) If this section applies and—\n(a) the Magistrates Court decides as mentioned in section 315C or\nsection 315D (9) that the accused charged with an offence other\nthan a serious offence is unfit to plead; and\n(b) after hearing the charge, the Magistrates Court is satisfied\nconduct required for the offence charged;\nthe Magistrates Court may make any orders it considers appropriate,\nincluding the following:\n(c) that the accused be detained in custody until the ACAT orders\notherwise;\n(d) that the accused submit to the jurisdiction of the ACAT to enable\nthe ACAT to make a mental health order or forensic mental\nhealth order.\n(5) The Magistrates Court shall conduct a hearing under this section as\nnearly as possible as if it were a normal criminal proceeding.\n(6) In a hearing under this section—\n(a) if legal representation is available to the accused—the accused\nshall have legal representation unless the Magistrates Court\notherwise orders; and\n(b) the accused is to be taken to have pleaded not guilty in respect\nof the offence charged.\n\n(7) If the Magistrates Court is satisfied beyond reasonable doubt that the\naccused engaged in the conduct required for the offence charged, the\nfinding—\n(a) is not a basis in law for recording a conviction for the offence\ncharged; and\n(b) except as provided in section 335A, bars further prosecution of\nthe accused for any offence in relation to the conduct.\n(a) an offence involving actual or threatened violence; or\n","sortOrder":354},{"sectionNumber":"335A","sectionType":"section","heading":"Action if accused becomes fit to plead after hearing","content":"335A Action if accused becomes fit to plead after hearing\n(a) the Magistrates Court makes an order under section 335 (2), (3)\nor (4) in relation to an accused; and\n(b) the offence in relation to which the order is made is punishable\nby imprisonment for 5 years or longer; and\n(c) the ACAT later decides the accused is fit to plead in relation to\nNote For the relevant review of fitness to plead provisions, see the Mental\nHealth Act 2015, s 176.\n(2) The director of public prosecutions must consider whether to take\nfurther proceedings against the accused in relation to the offence.\n(3) If further proceedings are taken and the accused is found guilty of the\noffence charged, the court must, in deciding the sentence for the\noffence, take into account any time the accused has spent in custody\nor detention in relation to the offence.\n\n","sortOrder":355},{"sectionNumber":"336","sectionType":"section","heading":"How Magistrates Court may be informed","content":"336 How Magistrates Court may be informed\nFor this division, the Magistrates Court may inform itself as it\nconsiders appropriate.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\nProceedings after sentence Part 16\n","sortOrder":356},{"sectionNumber":"367","sectionType":"section","heading":"Procedure on forfeiture","content":"367 Procedure on forfeiture\n(1) If, under a provision of this Act or the Criminal Code, a court may\norder the forfeiture of an article, the court shall—\n(a) if the court is of the view that it is desirable to make further\ninquiries with respect to the article—order that notice of the\nproposed forfeiture be given to the persons that the court directs;\nor\n(b) in any other case—order that the article be forfeited to the\nTerritory.\n(2) After hearing such of the persons to whom notice under\nsubsection (1) was given as appear, the court shall—\n(a) if it is satisfied that the article should be forfeited—order that\nthe article be forfeited to the Territory; or\n(b) in any other case—order that the article be delivered to the\nperson that the court is satisfied is entitled to the article.\n(3) If a prosecution is pending in relation to an article, the court shall not\nmake an order under subsection (2) in relation to the article until the\nprosecution is determined.\n(4) All articles forfeited under subsection (2) shall be dealt with as\ndirected by the Attorney-General, and pending his or her direction,\nmay be detained in the custody that the court directs.\n","sortOrder":357},{"sectionNumber":"371","sectionType":"section","heading":"What not sufficient to stay or reverse judgment","content":"371 What not sufficient to stay or reverse judgment\n(1) No judgment after verdict, in any case, shall be stayed or reversed for\nwant of a similiter, nor because the jury process was awarded to a\nwrong officer, nor for any misnomer, or misdescription, of the officer\nreturning such process, or of any juror, nor because any person served\non the jury who was not returned as a juror.\n\n(2) Nor shall any verdict be affected, because of the jury not having been\ninstructed that the accused might, on the evidence, be convicted of a\nless offence than the offence charged.\n(3) If the offence charged is created by statute, or subjected to a greater\ndegree of punishment by any statute, the indictment shall after verdict\nbe sufficient, if it described the offence in the words of the statute.\n","sortOrder":358},{"sectionNumber":"372","sectionType":"section","heading":"Pronouncing proper judgment","content":"372 Pronouncing proper judgment\nNo judgment shall be reversed, or avoided, for any error in law in the\nsentence imposed, but it shall be competent for the judges of the\nSupreme Court, in case of any such error, either to pronounce the\njudgment and sentence that is authorised by law, or to remit the record\nto the other court, in order that the court may pronounce the judgment\nand sentence that is authorised by law.\n","sortOrder":359},{"sectionNumber":"373","sectionType":"section","heading":"New trials regulated","content":"373 New trials regulated\nA new trial may be granted for any offence, for any cause for which\na new trial may now be granted, in respect of all, or some, or 1 only,\nof the defendants if 2 or more are included in the same indictment,\nalthough all are not present, nor are parties to the motion, nor have\nbeen tried.\n\n","sortOrder":360},{"sectionNumber":"Part 17","sectionType":"part","heading":"Offences punishable summarily","content":"Part 17 Offences punishable summarily\nand summary procedure\ngenerally\n","sortOrder":361},{"sectionNumber":"374","sectionType":"section","heading":"Summary disposal of certain cases at prosecutor’s","content":"374 Summary disposal of certain cases at prosecutor’s\nelection\n(1) This section applies if a person (the defendant) is before the\nMagistrates Court charged with—\n(a) an offence punishable by imprisonment for longer than 2 years\nbut not longer than 5 years; or\n(b) an offence against the Work Health and Safety Act 2011,\nsection 31 (1).\n(2) For subsection (1) (a), if the offence is charged as an aggravated\noffence because it involves family violence, the penalty of\nimprisonment for the offence is—\n(a) if the simple offence is punishable by imprisonment for not\nlonger than 2 years—the penalty for the aggravated offence; or\n(b) if the simple offence is punishable by imprisonment for longer\nthan 2 years but not longer than 5 years—the penalty for the\nsimple offence.\n(3) The prosecutor must elect whether to have the case disposed of\nsummarily.\n(4) The defendant must not be required to plead guilty or not guilty to the\ncharge if the prosecutor has not made an election under\nsubsection (3).\n(5) The prosecutor must make the election before the later of—\n(a) the 2nd time the proceeding for the offence is before the court;\nand\n\n(b) 21 days after the 1st time the proceeding for the offence is before\nthe court.\n(6) If the prosecutor does not elect to have the case disposed of\nsummarily within the time required under subsection (5), the court\nmust deal with the charge in accordance with—\n(a) section 375 (5) to (13); or\n(b) if the matter is being heard in the Childrens Court—\nsection 375AA (4) to (12).\n(7) If the prosecutor elects to have the case disposed of summarily, the\ncourt must hear and determine the charge summarily and sentence or\notherwise deal with the defendant according to law.\n(8) In sentencing or otherwise dealing with a defendant in relation to an\noffence that is an aggravated offence because it involves family\nviolence, the court must treat the family violence as an aggravating\nfactor for the offence, subject to the limitation on the penalty under\nsubsection (9).\nA defendant is charged with aggravated assault occasioning actual bodily harm\nunder s 24 because the offence involves family violence. The prosecutor makes an\nelection to have the case disposed of summarily, based on the maximum penalty of\n5 years imprisonment for the simple offence. The court convicts the defendant and\nmust impose a sentence or otherwise deal with the defendant in a way that, subject\nto the limitation on penalty in s (9), acknowledges the objective seriousness of\nfamily violence.\n(9) If the court disposes of a case summarily under this section and\n(a) a fine of $5 000, imprisonment for 2 years or both; or\ncreating it is a fine of less than $5 000—the maximum penalty.\n\n(10) In this section:\nMagistrates Court includes the Childrens Court.\n","sortOrder":362},{"sectionNumber":"375","sectionType":"section","heading":"Summary disposal of certain cases—Magistrates Court","content":"375 Summary disposal of certain cases—Magistrates Court\n(1) This section applies if a person is before the Magistrates Court\ncharged with—\n(a) a common law offence; or\n(b) an offence punishable by imprisonment for a term not\nexceeding—\n(i) if the offence relates to money or other property—14 years;\nor\n(ii) in any other case—10 years; or\n(c) if the person is a body corporate—an offence against the Work\nHealth and Safety Act 2011, section 31 (1); or\n(d) an offence against the Criminal Code—\n(i) section 310 (Aggravated robbery); or\n(ii) section 311 (1) (b) (Burglary); or\n(iii) section 312 (Aggravated burglary).\nNote Under the Criminal Code, s 311 (1) (b), a person commits an\noffence if the person enters or remains in a building as a trespasser\nwith intent to commit an offence that involves causing harm, or\nthreatening to cause harm, to anyone in the building.\n(2) However, this section applies to a case to which section 374 applies\nonly as mentioned in section 374 (6).\n(3) The court may proceed in accordance with subsections (5) to (13) if—\n(a) the court considers that it has no jurisdiction, apart from this\nsection, to hear and determine the charge summarily; and\n\n(b) for a charge that relates to money, or to property other than a\nmotor vehicle—the court considers that the amount of the\nmoney or the value of the property does not exceed $30 000.\n(4) To remove any doubt, for subsection (3) (b), property does not\ninclude real property or any building at which the offence charged\nwas allegedly committed.\n(5) The court may invite the person (the defendant) to plead guilty or not\nguilty to the charge.\n(6) If the defendant pleads guilty to the charge, the court may accept or\nreject the plea.\n(7) The defendant is taken to have pleaded not guilty to the charge if—\n(a) the defendant does not plead to the charge when invited to do so\nunder subsection (5); or\n(b) the court rejects a plea of guilty to the charge under\nsubsection (6).\n(8) When the court is satisfied the case is ready to be listed for hearing,\nthe court must ask the defendant whether the defendant consents to\nthe case being disposed of summarily.\n(9) The court may hear and determine the charge summarily, and may\nsentence or otherwise deal with the defendant according to law, if—\n(a) the defendant pleads, or is to be taken to have pleaded, not guilty\nto the charge; and\nand the consent has not been withdrawn under section 375A; and\n(d) if the charge is for an offence against the Criminal Code,\nsection 310 or section 312—the prosecutor also consents to the\ncase being disposed of summarily.\n\n(10) The court may sentence or otherwise deal with the defendant if—\n(a) the court accepts a plea of guilty to a charge; and\nand the consent has not been withdrawn under section 375A; and\n(d) if the charge is for an offence against the Criminal Code,\nsection 310 or section 312—the prosecutor also consents to the\ncase being disposed of summarily.\n(11) Before the court decides whether a case can properly be disposed of\nsummarily, the court must consider the following:\n(a) any relevant representations made by the defendant;\ndefendant’s presence;\n(c) whether, if the defendant were found guilty or the defendant’s\nplea of guilty has been accepted by the court, the court is\nempowered under this section to impose an adequate penalty,\ntaking into account the circumstances and the degree of\nseriousness of the case;\n(d) any other circumstances that appear to the court to make it more\nappropriate for the case to be dealt with on indictment rather\nthan summarily.\n(12) If the court accepts a plea of guilty to a charge under this section,\nand—\n(a) the court considers that the case cannot properly be disposed of\nsummarily; or\n\n(b) the defendant’s consent to the case being disposed of summarily\nhas been withdrawn under section 375A;\nthe Magistrates Court Act 1930, section 90A (7) to (13) (Plea of\nguilty at committal hearing) applies in relation to the defendant as if\nthe court had accepted a plea of guilty to the charge under that section.\n(13) If the court disposes of a case summarily under this section and\n(a) a fine of $15 000, imprisonment for 5 years or both; or\ncreating it is less than the penalty mentioned in paragraph (a)—\nthe maximum penalty.\n(14) In this section:\nMagistrates Court does not include the Childrens Court.\n375AA Summary disposal of certain cases—Childrens Court\n(1) This section applies if a person is before the Childrens Court charged\nwith any offence other than an offence punishable by imprisonment\nfor life.\n(2) However, this section applies to a case to which section 374 applies\nonly as mentioned in section 374 (6).\n(3) The court may proceed in accordance with subsections (4) to (12) if\nthe court considers that it has no jurisdiction, apart from this section,\nto hear and determine the charge summarily.\n(4) The court may invite the person (the defendant) to plead guilty or not\nguilty to the charge.\n(5) If the defendant pleads guilty to the charge, the court may accept or\nreject the plea.\n\n(6) The defendant is taken to have pleaded not guilty to the charge if—\n(a) the defendant does not plead to the charge when invited to do so\nunder subsection (4); or\n(b) the court rejects a plea of guilty to the charge under\nsubsection (5).\n(7) When the court is satisfied the case is ready to be listed for hearing,\nthe court must ask the defendant whether the defendant consents to\nthe case being disposed of summarily.\n(8) The court may hear and determine the charge summarily, and may\nsentence or otherwise deal with the defendant according to law, if—\n(a) the defendant pleads, or is to be taken to have pleaded, not guilty\nto the charge; and\nand the consent has not been withdrawn under section 375A.\n(9) The court may sentence or otherwise deal with the defendant if—\n(a) the court accepts a plea of guilty to a charge; and\nand the consent has not been withdrawn under section 375A.\n(10) Before the court decides whether a case can properly be disposed of\nsummarily, the court must consider the following:\n(a) any relevant representations made by the defendant;\ndefendant’s presence;\n(c) the facts of the case;\n\n(d) the seriousness of the alleged offence;\n(e) the circumstances in which the offence is alleged to have been\ncommitted;\n(f) the defendant’s age;\n(g) the defendant’s apparent maturity;\n(h) the defendant’s apparent mental capacity;\n(i) the suitability of the penalties that the court is empowered to\nimpose;\n(j) the difficulty of any question of law that is likely to arise.\n(11) If the court accepts a plea of guilty to a charge under this section,\nand—\n(a) the court considers that the case cannot properly be disposed of\nsummarily; or\n(b) the defendant’s consent to the case being disposed of summarily\nhas been withdrawn under section 375A;\nthe Magistrates Court Act 1930, section 90A (7) to (13) (Plea of\nguilty at committal hearing) applies in relation to the defendant as if\nthe court had accepted a plea of guilty to the charge under that section.\n(12) If the court disposes of a case summarily under this section and\n(a) a fine of $5 000, imprisonment for 2 years or both; or\ncreating it is less than the penalty mentioned in paragraph (a)—\nthe maximum penalty.\n\n","sortOrder":363},{"sectionNumber":"375A","sectionType":"section","heading":"Withdrawal of consent to summary disposal of case","content":"375A Withdrawal of consent to summary disposal of case\n(1) A defendant’s consent to summary disposal of a case can be\nwithdrawn only if—\n(a) for consent under section 375 (8)—the Magistrates Court grants\nleave under this section; or\n(b) for consent under section 375AA (7)—the Childrens Court\ngrants leave under this section.\n(2) The defendant may apply to the court for leave to withdraw the\nconsent.\n(3) However, an application may not be made if a prosecution witness\nhas given evidence in person at the hearing.\n(4) The court may grant leave only if satisfied on reasonable grounds\n(a) a significant change in relation to the defendant or the case\nhappened after the consent was given; and\n(b) granting the leave is justified in all the circumstances.\n","sortOrder":364},{"sectionNumber":"376","sectionType":"section","heading":"Saving of other summary jurisdiction","content":"376 Saving of other summary jurisdiction\nNothing in this part affects the operation of any other law in force in\nthe ACT by which jurisdiction is given to the Magistrates Court.\n","sortOrder":365},{"sectionNumber":"377","sectionType":"section","heading":"Certificate of dismissal","content":"377 Certificate of dismissal\nIf a court has heard and determined a charge under section 374,\nsection 375 or section 375AA and has dismissed the charge, the\nmagistrate constituting the court or the registrar of the court shall, if\nso requested by the person charged, give that person a certificate\nsigned by the magistrate or registrar stating the fact of the dismissal.\n\n","sortOrder":366},{"sectionNumber":"378","sectionType":"section","heading":"Summary conviction or dismissal bar to indictment","content":"378 Summary conviction or dismissal bar to indictment\n(1) A conviction on a charge disposed of summarily under section 374,\nsection 375 or section 375AA, has the same effect as a conviction on\nindictment for the offence would have had and a person who is so\nconvicted is not afterwards liable to prosecution for the same cause.\n(2) The dismissal by a court of an information heard and determined by\nthe court under section 374, section 375 or section 375AA has the\nsame effect as an acquittal of the person charged in a trial on\nindictment.\n","sortOrder":367},{"sectionNumber":"379","sectionType":"section","heading":"Misbehaviour at public meetings","content":"379 Misbehaviour at public meetings\n(1) A person shall not, in any premises where a public meeting is being\nheld, behave in a manner that disrupts, or is likely to disrupt, the\nmeeting.\n(2) If a person presiding at any public meeting reasonably believes that\nanother person in the premises where the meeting is being held is\nbehaving in a manner that is disrupting, or is likely to disrupt, the\nmeeting, the person so presiding may request any police officer who\nis present to remove the other person and the police officer may\nremove that other person accordingly.\n","sortOrder":368},{"sectionNumber":"380","sectionType":"section","heading":"Possession of offensive weapons and disabling","content":"380 Possession of offensive weapons and disabling\nsubstances\n(1) A person who, without reasonable excuse, has in his or her\npossession, in a public place, in circumstances likely to cause alarm,\nan offensive weapon or a disabling substance is guilty of an offence\npunishable, on conviction, by a fine of $1 000, imprisonment for 6\nmonths or both.\n\ndisabling substance means any anaesthetising or other substance\nmade for use for disabling a person, or intended for that use by the\nperson who has it in his or her possession.\n","sortOrder":369},{"sectionNumber":"381","sectionType":"section","heading":"Possession of offensive weapons and disabling","content":"381 Possession of offensive weapons and disabling\nsubstances with intent\n(1) A person who has on his or her person an offensive weapon or a\ndisabling substance, in circumstances indicating intent to use the\nweapon or substance to commit an offence involving actual or\nthreatened violence, is guilty of an offence punishable, on conviction,\nby a fine of $2 000, imprisonment for 1 year or both.\ndisabling substance means any anaesthetising or other substance\nmade for use for disabling a person, or intended for that use by the\nperson who has it in his or her possession.\n","sortOrder":370},{"sectionNumber":"382","sectionType":"section","heading":"Possession of knife in public place or school","content":"382 Possession of knife in public place or school\n(1) A person shall not, without reasonable excuse, have a knife in his or\nher possession in a public place or school.\nMaximum penalty: 10 penalty units, imprisonment for 6 months or\n(2) Without limiting what may constitute a reasonable excuse, it is a\nreasonable excuse for a person to have a knife in his or her possession\nin a public place or school if—\n(a) the possession is necessary or reasonable for, or for a purpose\nincidental to—\n(i) the lawful pursuit of the person’s occupation; or\n(ii) the preparation or consumption of food; or\n\n(iii) participation in a lawful entertainment, recreation or sport;\nor\n(iv) the exhibition of knives for retail or other trade purposes;\nor\n(v) an organised exhibition by knife collectors; or\n(vi) the wearing of an official uniform; or\n(vii) religious purposes; or\n(b) the possession is of a prescribed kind.\n(3) It is not a reasonable excuse for a person to have a knife in his or her\npossession in a public place or school solely for the purpose of\nself-defence or the defence of another person.\n","sortOrder":371},{"sectionNumber":"383","sectionType":"section","heading":"Sale of knife to person under 16","content":"383 Sale of knife to person under 16\n(1) A person shall not sell a knife to a person under 16 years old.\nMaximum penalty: 10 penalty units, imprisonment for 6 months or\nsell includes—\n(a) barter or exchange; and\n(b) offer or expose for sale, barter or exchange; and\n(c) supply, or offer to supply, in circumstances in which the supplier\nderives, or would derive, a direct or indirect pecuniary benefit;\nand\n(d) supply, or offer to supply, gratuitously but with a view to\ngaining or maintaining custom, or otherwise with a view to\ncommercial gain.\n\n","sortOrder":372},{"sectionNumber":"384","sectionType":"section","heading":"Retail supplier of knives to display sign","content":"384 Retail supplier of knives to display sign\n(1) A person who sells knives by retail must ensure that a sign complying\nwith subsections (2), (3) and (4) is clearly visible to a person at the\nplace, or each place, where such a sale is made.\nMaximum penalty: 5 penalty units.\n(2) The sign must display at least the following words in the following\nsequence:\n‘It is an offence to sell a knife to a person under the age of 16.\nProof of age may be required.’.\n(3) The lettering of the words stated in subsection (2) must be at least\n8mm in height.\n(4) The dimensions of the sign must not be less than 210mm x 145mm.\n(5) Subsection (1) does not apply to a person, or a knife, of a kind\nspecified in, or ascertained in accordance with, the regulations.\n","sortOrder":373},{"sectionNumber":"385","sectionType":"section","heading":"Laying of poison","content":"385 Laying of poison\nA person shall not lay any poison that endangers, or is likely to\nendanger, the life of any domestic animal or bird.\n","sortOrder":374},{"sectionNumber":"387","sectionType":"section","heading":"Making false invoice","content":"387 Making false invoice\nA person who fraudulently prepares, causes to be prepared or\nproduces an invoice, receipt or document containing a false\nstatement, with intent to induce the belief that anything was not stolen\nor otherwise unlawfully obtained or to prevent anything from being\nseized on suspicion of being stolen or otherwise unlawfully obtained\nor from being produced in evidence concerning an alleged offence, is\nguilty of an offence punishable, on conviction, by a fine not\nexceeding $200, imprisonment for 3 months or both.\n\n","sortOrder":375},{"sectionNumber":"388","sectionType":"section","heading":"Application of compensation","content":"388 Application of compensation\nFor private property, the compensation for the damage or injury done\nshall be paid to the party aggrieved, and for property of a public\nnature, or if any public right is concerned, shall be applied as the\nmagistrate thinks fit.\n","sortOrder":376},{"sectionNumber":"389","sectionType":"section","heading":"Obstruction of stream etc","content":"389 Obstruction of stream etc\nA person shall not place any obstruction in any stream, river or lake,\nbeing an obstruction that is likely to endanger the safety of any\n","sortOrder":377},{"sectionNumber":"390","sectionType":"section","heading":"Entrance to cellars etc","content":"390 Entrance to cellars etc\nThe owner or occupier of any premises in or on which there is any\ncellar, manhole or other similar place having an entrance that opens\ninto, on or near a public place shall have and maintain in good repair\na rail, gate, fence or cover effectively enclosing that entrance and\nshall not permit that entrance to remain open for longer than is\nreasonably necessary.\n","sortOrder":378},{"sectionNumber":"391","sectionType":"section","heading":"Fighting","content":"391 Fighting\nA person shall not fight with another person in a public place.\nMaximum penalty: 20 penalty units.\n","sortOrder":379},{"sectionNumber":"392","sectionType":"section","heading":"Offensive behaviour","content":"392 Offensive behaviour\nA person shall not in, near, or within the view or hearing of a person\nin, a public place behave in a riotous, indecent, offensive or insulting\nmanner.\nMaximum penalty: 20 penalty units.\n\n","sortOrder":380},{"sectionNumber":"393","sectionType":"section","heading":"Indecent exposure","content":"393 Indecent exposure\nA person who offends against decency by the exposure of his or her\nperson in a public place, or in any place within the view of a person\nwho is in a public place, commits an offence.\n","sortOrder":381},{"sectionNumber":"393A","sectionType":"section","heading":"Urinating in public place","content":"393A Urinating in public place\n(1) A person commits an offence if the person urinates in a public place\n(other than in a toilet).\n(2) An offence against this section is a strict liability offence.\nNote Circumstances of sudden and extraordinary emergency is a defence in\nrelation to the offence. See the Criminal Code, s 41.\n","sortOrder":382},{"sectionNumber":"394","sectionType":"section","heading":"Noise abatement directions","content":"394 Noise abatement directions\n(1) If it appears to a police officer that offensive noise is being, or has at\nany time during the previous 30 minutes been, emitted from any\npremises, he or she may—\n(a) direct the person whom he or she believes to be the occupier of\nthose premises to cause the emission of the noise to cease; or\n(b) direct any person whom he or she believes to be making, or\ncontributing to the making of, the noise to cease making, or\ncontributing to the making of, the noise;\nor he or she may give directions under both paragraphs (a) and (b).\n(2) A person commits an offence if the person––\n(a) is given a direction under subsection (1) (a); and\n\n(3) An offence against subsection (2) is a strict liability offence.\n(4) A person commits an offence if the person––\n(a) is given a direction under subsection (1) (a); and\n(b) causes or allows any offensive noise to be emitted from the\npremises within the 6-hour period after the direction was given.\n(5) A person commits an offence if the person––\n(a) is given a direction under subsection (1) (b); and\n(b) the person––\n(i) fails to comply with the direction; or\n(ii) makes, or contributes to the making of, any offensive noise\nemitted from the premises within the 6-hour period after\nthe direction was given.\n(6) A person shall not be convicted of an offence against this section\nunless the prosecution establishes that the noise to which the alleged\noffence relates was an offensive noise.\n(7) If a police officer believes on reasonable grounds that a person has\ncommitted an offence against subsection (2), (4) or (5), the officer\nmay seize anything (other than an animal) that the officer suspects on\nreasonable grounds was used in, or in connection with, committing\n(8) However, the police officer may seize the thing under subsection (7)\nonly if the police officer has told the person, before the offence\nagainst subsection (2), (4) or (5) was committed, that failure to\ncomply with the direction, or resumption of conduct contrary to the\n\ndirection within 6 hours after the direction was given, may lead to the\nthing being seized.\n(9) If a police officer seizes anything under subsection (7), the officer\nmust give the occupier of the premises, or the person from whom the\nthing was seized, a written notice that—\n(a) describes the thing seized; and\n(b) states the police station where the thing will be taken; and\n(c) states that the thing may be claimed from that police station not\nearlier than 48 hours after the seizure.\n(10) If a police officer seizes anything under subsection (7), then, not\nearlier than 48 hours after the seizure, the occupier of the premises\nfrom which the thing was seized, or the owner of the thing, is entitled\nto its return from the police station where the thing has been taken if\nthe person produces the notice under subsection (9) or anything else\nthat provides satisfactory proof that the person is entitled to its\npossession.\n(11) However, if—\n(a) a person is charged with an offence against this section; and\n(b) the chief police officer or director of public prosecutions\nbelieves, on reasonable grounds, that something seized by a\npolice officer under subsection (7) may provide evidence of the\nno-one is entitled to its return until the prosecution for the offence has\nbeen finally decided.\noffensive noise means noise that, because of its level or nature, or the\ntime when it is made, or any other circumstances, is likely to be\nharmful or offensive to, or to interfere unreasonably with the comfort\nor repose of, persons who are—\n\n(a) if the noise is made in premises other than a public place—\noutside the premises; or\n(b) if the noise is made in premises that are a public place—within\nor outside the premises.\npremises include any place, vehicle or vessel.\n","sortOrder":383},{"sectionNumber":"395","sectionType":"section","heading":"Bogus advertisements","content":"395 Bogus advertisements\n(1) A person shall not publish nor cause to be published a bogus\nadvertisement, knowing the advertisement to be bogus.\nbogus advertisement means an advertisement or notice containing\nany statement or representation that is false or misleading in a\nmaterial particular with respect to—\n(a) any matter related to birth, death, engagement to be married,\nmarriage, civil union, civil partnership or employment; or\n(b) any matter concerning a person or the property of a person, other\nthan the person who published the advertisement or caused it to\nbe published.\n","sortOrder":384},{"sectionNumber":"396","sectionType":"section","heading":"Public mischief","content":"396 Public mischief\n(1) A person who, by any means, makes any representation, creates any\ncircumstance or does any other act intended to make it appear falsely\nthat a situation exists, or an event has occurred, that calls for\ninvestigation or action by a police officer or member of the\nemergency services is, if the representation, circumstance or act\ncomes to the knowledge of a police officer or member of the\nemergency services, guilty of an offence punishable, on conviction,\nby a fine of $2 000, imprisonment for 1 year or both.\n\nmember of the emergency services means a member of—\n(a) the ambulance service; or\n(b) the fire and rescue service; or\n(c) the rural fire service; or\n(d) the SES.\n","sortOrder":385},{"sectionNumber":"397","sectionType":"section","heading":"Apprehended violence or injury—recognisance to keep","content":"397 Apprehended violence or injury—recognisance to keep\nthe peace etc\n(1) In every case of apprehended violence by any person to the person of\nanother, or of his or her domestic partner or child, or of apprehended\ninjury to his or her property, a magistrate may on the complaint of the\nperson apprehending the violence or injury, issue a summons or\nwarrant as in any case of apprehended violence to the person, if at\npresent security is required to keep the peace, and a magistrate may\nexamine the complainant, and defendant, and their witnesses, as to\nthe truth of the matter alleged, and, if it appears that the apprehension\nalleged is reasonable, but not otherwise, the magistrate may require\nthe defendant to enter into a recognisance to keep the peace, with or\nwithout sureties, as in any case of a like nature.\n(2) If in any such case the defendant has spoken any offensive or\ndefamatory words to or of the complainant, on an occasion when a\nbreach of the peace might have been induced thereby, he or she may\nbe required by the magistrate to enter into a recognisance, with or\nwithout sureties, to be of good behaviour for a term not exceeding 6\nmonths, and, in default of its being entered into forthwith, the\nmagistrate may order that the defendant be imprisoned for 3 months,\nunless such recognisance is sooner entered into.\n(3) The magistrate, in every such case, may award costs to either\ncomplainant or defendant, to be recovered as costs in summary\njurisdiction cases are recoverable.\n\n","sortOrder":386},{"sectionNumber":"398","sectionType":"section","heading":"Alternative methods of proceeding before magistrate","content":"398 Alternative methods of proceeding before magistrate\nIf by this Act a person is made liable to imprisonment, or to pay a\nsum of money, on conviction before a magistrate, the person may be\nproceeded against and convicted in a summary way under this Act,\nso far as it is applicable, or under any law in force in the ACT\nregulating proceedings on summary convictions, and every provision\ncontained in any such law shall be applicable to the proceedings as if\nit were incorporated in this Act.\n","sortOrder":387},{"sectionNumber":"399","sectionType":"section","heading":"General averment of intent to defraud or injure","content":"399 General averment of intent to defraud or injure\nIn any proceeding before a magistrate if it is necessary to allege an\nintent to defraud, or to injure, it shall be sufficient to allege that the\naccused did the act with such intent, without alleging an intent to\ndefraud or to injure any particular person.\n\nPreliminary Division 20.1\n","sortOrder":388},{"sectionNumber":"Div 20","sectionType":"division","heading":"1 Preliminary","content":"Division 20.1 Preliminary\n","sortOrder":389},{"sectionNumber":"421","sectionType":"section","heading":"Definitions for pt 20","content":"421 Definitions for pt 20\nFull Court means the Supreme Court constituted by a Full Court.\ninquiry means an inquiry under this part into a person’s conviction\nfor an offence (whether summarily or on indictment).\nregistrar means the registrar of the Supreme Court.\nrelevant proceeding, in relation to an offence, means a prosecution\nor other proceeding in relation to the offence, including an appeal in\nrelation to the finding of a court in relation to the offence.\n","sortOrder":390},{"sectionNumber":"422","sectionType":"section","heading":"Grounds for ordering inquiry","content":"422 Grounds for ordering inquiry\n(1) An inquiry may be ordered under this part into the conviction of a\nperson for an offence only if—\n(a) there is a doubt or question about whether the person is guilty of\nthe offence; and\n(b) the doubt or question relates to—\n(i) any evidence admitted in a relevant proceeding; or\n(ii) any material fact that was not admitted in evidence in a\nrelevant proceeding; and\n(c) the doubt or question could not have been properly addressed in\na relevant proceeding; and\n(d) there is a significant risk that the conviction is unsafe because of\nthe doubt or question; and\n\n(e) the doubt or question cannot now be properly addressed in an\nappeal against the conviction; and\n(f) if an application is made to the Supreme Court for an inquiry in\nrelation to the conviction—an application has not previously\nbeen made to the court for an inquiry in relation to the doubt or\nquestion; and\n(g) it is in the interests of justice for the doubt or question to be\nconsidered at an inquiry.\nExample for par (a) to (e)\nJohn has been convicted of murder. Expert evidence that blood found on John’s\njacket shortly after the murder was almost certain to be the victim’s blood was the\nmain evidence connecting John with the murder.\nLater DNA testing, by a method developed after all proceedings in relation to the\nconviction had been finalised (and the time for making any appeal had lapsed),\nshows that the blood is almost certainly not the victim’s blood. This gives rise to\na doubt or question about the blood evidence that could not have been (and cannot\nnow be) properly addressed in any relevant proceeding in relation to the murder,\nand a significant risk that the conviction is unsafe.\n(2) The inquiry is limited to matters stated in the order for the inquiry.\n(3) If the inquiry is ordered by the Supreme Court, the court may set\nlimits on the inquiry under subsection (2) despite anything in the\napplication for the inquiry.\n","sortOrder":391},{"sectionNumber":"423","sectionType":"section","heading":"Executive order for inquiry","content":"423 Executive order for inquiry\nThe Executive may order an inquiry on its own initiative.\n","sortOrder":392},{"sectionNumber":"424","sectionType":"section","heading":"Supreme Court order for inquiry","content":"424 Supreme Court order for inquiry\n(1) The Supreme Court may order an inquiry on application by the\nconvicted person, or by someone else on the convicted person’s\nbehalf.\n(2) The registrar must give a copy of an application for an inquiry to the\nAttorney-General.\n\nInquiry procedure Division 20.3\n(3) The Supreme Court may consider a written submission by the\nAttorney-General or the director of public prosecutions (or both) in\nrelation to the application.\n(4) Proceedings on an application are not judicial proceedings.\n(5) If the Supreme Court orders an inquiry, the registrar must give a copy\nof the order to the Attorney-General.\n","sortOrder":393},{"sectionNumber":"425","sectionType":"section","heading":"Rights and duties in relation to orders for inquiry","content":"425 Rights and duties in relation to orders for inquiry\n(1) This division does not create a right to the order of an inquiry, and\ndoes not create a duty to order an inquiry.\n(2) Without limiting subsection (1), there is no right of appeal in relation\nto a decision whether to order an inquiry.\nDivision 20.3 Inquiry procedure\n426 Application of Inquiries Act\nThe Inquiries Act 1991 applies to an inquiry, subject to this division.\n427 Appointment of board of inquiry\n(1) If an inquiry is ordered, the Executive must appoint a board of inquiry\nunder the Inquiries Act 1991.\n(2) The inquiry must be stated in the appointment to be in relation to the\nmatter stated in the order, and in relation to no other matter.\n(3) The board of inquiry must be constituted by a judge of the Supreme\nCourt or a magistrate.\n(4) A judge or magistrate who has been involved in any way (whether as\njudge or magistrate, or in another capacity) in a relevant proceeding\nin relation to the offence, or in any investigation in relation to the acts\nor omissions alleged to constitute the offence, must not be appointed\nto constitute the board of inquiry.\n\nDivision 20.4 Supreme Court orders following inquiry report\n","sortOrder":394},{"sectionNumber":"428","sectionType":"section","heading":"Report by board","content":"428 Report by board\n(1) After finishing an inquiry, the board must give a copy of a written\nreport of the inquiry to the registrar.\n(2) Together with the report, the board must give to the registrar, for\nsafe-keeping, any documents or things held by the board for the\npurpose of the inquiry.\n(3) Even if the board does not comply with subsection (2), the Supreme\nCourt may exercise its powers under division 20.4 in relation to the\nreport.\n(4) The Inquiries Act 1991, sections 14 (Reports of boards) and 14A\n(Presenting reports) do not apply to the inquiry.\nDivision 20.4 Supreme Court orders following\ninquiry report\n","sortOrder":395},{"sectionNumber":"429","sectionType":"section","heading":"Publication of report","content":"429 Publication of report\n(1) The registrar must give a copy of the report of a board of inquiry\nappointed under division 20.3 to the Attorney-General and the\nconvicted person, together with a copy of any order under this section.\n(2) The Supreme Court may make an order that the report, or particular\nparts of the report—\n(a) must not be disclosed to anyone else by—\n(i) the Territory; or\n(ii) the convicted person (except to obtain legal advice or\nrepresentation); or\n(iii) someone else who obtains a copy of the report; or\n(b) may be disclosed only to particular people or on stated\nconditions (for example, a condition requiring the consent of the\ncourt).\n\nApplication to earlier convictions Division 20.5\n(3) The Supreme Court may make an order under this section only if it\nconsiders that it is in the interests of justice, having regard to the\npublic interest and the interests of the convicted person.\n(4) An order under this section may be enforced in the same way as any\nother order of the Supreme Court.\n","sortOrder":396},{"sectionNumber":"430","sectionType":"section","heading":"Action on report by Supreme Court","content":"430 Action on report by Supreme Court\n(1) The Full Court must consider the report of a board into an inquiry.\n(2) Having regard to the report, the Full Court must, by order—\n(a) confirm the conviction; or\n(b) confirm the conviction and recommend that the Executive act\nunder either of the following sections of the Crimes (Sentence\nAdministration) Act 2005 in relation to the convicted person:\n(i) section 313 (Remission of penalties);\n(ii) section 314 (Grant of pardons); or\n(c) quash the conviction; or\n(d) quash the conviction and order a new trial.\n(3) The registrar must give a copy of the order, together with any reasons\ngiven for the order, to the Attorney-General and the convicted person.\n(4) This section does not give the convicted person a right to an order of\nthe Full Court mentioned in subsection (2) (b), (c) or (d), or to an\nExecutive pardon or remission.\nDivision 20.5 Application to earlier convictions\n","sortOrder":397},{"sectionNumber":"432","sectionType":"section","heading":"Inquiries about earlier convictions","content":"432 Inquiries about earlier convictions\nThis part applies in relation to a conviction for an offence even if the\nconviction happened before the commencement of this part.\n\n","sortOrder":398},{"sectionNumber":"434A","sectionType":"section","heading":"Application of certain sections of Commonwealth Crimes","content":"434A Application of certain sections of Commonwealth Crimes\nAct to territory laws\nThe provisions of the Crimes Act 1914 (Cwlth), sections 13, 15, 17,\n19A, 21B and 21C, so far as they are applicable, apply in relation to\nall territory laws as if a territory law were a law of the\nCommonwealth.\n","sortOrder":399},{"sectionNumber":"434B","sectionType":"section","heading":"Joinder of charges","content":"434B Joinder of charges\n(1) Charges against the same person for any number of offences against\nthe same provision of a territory law may be joined in the same\ninformation or summons if the charges are founded on the same facts\nor form, or are part of, a series of offences of the same or a similar\ncharacter.\n(2) If a person is convicted of 2 or more offences mentioned in subsection\n(1), and the offences relate to doing or failing to do the same act, the\ncourt may impose 1 penalty in relation to both or all the offences, but\nthe penalty must not exceed the total of the maximum penalties that\ncould be imposed if a separate penalty were imposed in relation to\neach offence.\n\n","sortOrder":400},{"sectionNumber":"434C","sectionType":"section","heading":"Aggravated offence may allege more than 1 factor of","content":"434C Aggravated offence may allege more than 1 factor of\naggravation\n(1) A charge for an offence against this Act that the prosecution intends\nto prove is an aggravated offence may state more than 1 relevant\nfactor of aggravation for the offence\nA defendant is charged with 1 count of assault occasioning actual bodily harm\nunder s 24. The complainant is a pregnant person and also a family member of the\noffender. The prosecution intends to prove the offence is an aggravated offence,\nrelying on s 48A and s 72AA. The charge under s 24 may state the relevant factors\nof aggravation as an assault against a pregnant person and an assault involving\nfamily violence.\nrelevant factor of aggravation—\n(a) for an offence mentioned in section 48A (1) (Aggravated\noffences—pt 2 offences against pregnant person)—see\nsection 48A (6); and\n(b) for an offence mentioned in section 48C (1) (Aggravated\noffences—pt 2 offences involving family violence)—see\nsection 48C (5); and\n(c) for an offence mentioned in section 72AA (1) (Aggravated\noffences—pt 3 offences involving family violence)—see\nsection 72AA (5); and\n(d) for an offence mentioned in section 72EA (1) (Aggravated\noffences—pt 3A offences involving family violence)—see\nsection 72EA (5); and\n(e) for an offence against section 116 (Destroying or damaging\nproperty)—see section 116 (7).\n\n","sortOrder":401},{"sectionNumber":"435","sectionType":"section","heading":"Protection of persons acting under Act","content":"435 Protection of persons acting under Act\n(1) All actions against any person, for anything done, or reasonably\nsupposed to have been done under this Act, shall be commenced\nwithin 6 months after the fact committed, and written notice of any\nsuch action, and of the cause of it, shall be given to the defendant\n1 month at least before commencement of the action, and in any such\naction the defendant may plead the general issue, and give the special\nmatter in evidence.\n(2) No plaintiff shall recover in any such action, if a tender of sufficient\namends was made before action brought, or if a sufficient sum is paid\ninto court, on behalf of the defendant, after action brought.\n(3) If a verdict passes for the defendant, or the plaintiff becomes nonsuit,\nor discontinues his or her action after issue joined, or if on demurrer,\nor otherwise, judgment is given against the plaintiff, the defendant\nshall recover costs as between solicitor and client.\n","sortOrder":402},{"sectionNumber":"437","sectionType":"section","heading":"Power of courts to bring detainees before them","content":"437 Power of courts to bring detainees before them\nFor a trial or prosecution, a court may order the person in charge of a\ncorrectional centre or other place where a person is detained in lawful\ncustody to bring the person before the court and to return the person\nto the centre or other place in accordance with the order.\n","sortOrder":403},{"sectionNumber":"438","sectionType":"section","heading":"Witnesses neglecting to attend trial and captured under","content":"438 Witnesses neglecting to attend trial and captured under\nwarrant may be admitted to bail\nIf a person bound by recognisance, or served with a subpoena, to\nattend as a witness in any court at a trial, who has failed to appear\nwhen called in open court, either at the trial, or on the day appointed\nfor the trial, has been captured under a warrant issued by the court,\nbail may be taken before any magistrate for his or her appearance at\nthe trial.\n\n","sortOrder":404},{"sectionNumber":"439","sectionType":"section","heading":"Offence of criminal defamation","content":"439 Offence of criminal defamation\n(1) A person must not publish matter defamatory of another living person\n(the victim)—\n(a) knowing the matter to be false; and\n(b) with intent to cause serious harm to the victim or any other\nperson or being reckless as to whether such harm is caused.\nMaximum penalty: 300 penalty units, imprisonment for 3 years or\n(2) Subsection (1) does not apply to the publication of defamatory matter\nabout the victim if, and only if, the defendant would, having regard\nonly to the circumstances happening before or at the time of the\npublication, have had a defence for the publication if the victim had\nbrought civil proceedings for defamation against the defendant.\nNote Under the Criminal Code, s 58 (3) a defendant who wishes to rely on this\nexception has an evidential burden in relation to the matter.\n(3) On a trial before a jury for an offence against this section—\n(a) the question of whether the matter complained of is capable of\nbearing a defamatory meaning is a question for determination\nby the judicial officer presiding; and\n(b) the question of whether the matter complained of does bear a\ndefamatory meaning is a question for the jury; and\n(c) the jury may give a general verdict of guilty or not guilty on the\nissues as a whole.\n(4) A proceeding for an offence against this section must not be begun\nwithout the written consent of the director of public prosecutions.\n(5) However, a person may be arrested for, charged with, or remanded in\ncustody or on bail in relation to, an offence against this section before\nthe consent has been given.\n\n(6) The commencement of criminal proceedings for an offence against\nthis section does not prevent—\n(a) the commencement of civil proceedings for defamation against\nthe defendant in the criminal proceedings; or\n(b) the determination of the civil proceedings pending the\ndetermination of the criminal proceedings.\n(7) In this section, publish and defamatory have the meanings that they\nhave in the law of tort (as modified by the Civil Law (Wrongs)\nAct 2002) relating to defamation.\nharm—see the Civil Law (Wrongs) Act 2002, section 40.\n","sortOrder":405},{"sectionNumber":"440","sectionType":"section","heading":"Prosecutions for blasphemy","content":"440 Prosecutions for blasphemy\nNo person shall be liable to prosecution in respect of any publication\nby him or her, orally or otherwise, of words or matter charged as\nblasphemous, if the publication is by way of argument, or statement,\nand not for the purpose of scoffing or reviling, nor of violating public\ndecency, nor in any way tending to a breach of the peace.\n","sortOrder":406},{"sectionNumber":"441","sectionType":"section","heading":"Retrospective repeal of limitation period on criminal","content":"441 Retrospective repeal of limitation period on criminal\nproceeding for particular sexual offences\n(1) Despite any law previously in force in the Territory that limited the\ntime in which a criminal proceeding could be begun (a limitation law)\nfor an offence against a repealed sexual offence provision, a criminal\nproceeding for the offence may be begun as though the limitation law\nhad never been in force.\n(2) To remove any doubt, any right acquired by a person because of the\ncommencement of the 1951 Act, or the 1976 Ordinance, not to be\nprosecuted for an offence against a repealed sexual offence provision\nis abrogated.\n\n","sortOrder":407},{"sectionNumber":"1951","sectionType":"section","heading":"Act means the Crimes Act 1951 (repealed).","content":"1951 Act means the Crimes Act 1951 (repealed).\nNote The 1951 Act—\n(a) commenced on 14 December 1951 (as the Crimes Ordinance 1951)\nand was repealed on 21 December 2000; and\n(b) created new offences under the 1951 repealed provisions, and\nlimited the time in which a person could be prosecuted for the\noffences (see the 1951 Act, s 78).\n1951 repealed provision means any of the following provisions of\nthis Act, as in force on the commencement of the 1951 Act:\n(a) section 71 (Carnally knowing a girl between ten and sixteen);\n(b) section 72 (Attempts);\n(c) section 76 (Indecent assault).\n","sortOrder":408},{"sectionNumber":"1976","sectionType":"section","heading":"Ordinance means the Law Reform (Sexual Behaviour)","content":"1976 Ordinance means the Law Reform (Sexual Behaviour)\nOrdinance 1976 (repealed).\nNote The 1976 Ordinance—\n(a) commenced on 8 November 1976 and was repealed on\n28 November 1985; and\n(b) created burdens of proof for the prosecution of offences under the\n1976 repealed provisions, and limited the time in which a person\ncould be prosecuted for the offences (see the 1976 Ordinance, s 6).\n1976 repealed provision means any of the following provisions of\nthis Act, as in force on the commencement of the 1976 Ordinance:\n(a) section 79 (Buggery and bestiality);\n(b) section 80 (Attempt, &c., to commit buggery);\n(c) section 81 (Indecent assault on male).\nrepealed sexual offence provision means—\n(a) a 1951 repealed provision; or\n(b) a 1976 repealed provision.\n\n","sortOrder":409},{"sectionNumber":"441A","sectionType":"section","heading":"Criminal proceedings not allowed by section 441","content":"441A Criminal proceedings not allowed by section 441\n(1) Section 441 does not allow a criminal proceeding to begin—\n(a) for an offence against a 1951 repealed provision—if the\ndefendant alleged to have committed the offence is not more\nthan 2 years older than the complainant for the offence; or\n(b) for an offence against a 1976 repealed provision—if the\nprosecution does not allege the offence was committed in\ncircumstances mentioned in repealed section 5 (a) or (b); or\n(c) for an offence against a 1976 repealed provision (other than\nsection 81 (Indecent assault on male))—if the prosecution does\nnot allege that the offence was committed against a person.\n1951 Act—see section 441 (3).\n1976 Ordinance—see section 441 (3).\n1951 repealed provision—see section 441 (3).\n1976 repealed provision—see section 441 (3).\nrepealed section 5 (a) or (b) means this Act, section 5 (a) or (b) as in\nforce on the commencement of the 1976 Ordinance.\n","sortOrder":410},{"sectionNumber":"441B","sectionType":"section","heading":"Retrospective application of repealed alternative verdict","content":"441B Retrospective application of repealed alternative verdict\nprovision for carnal knowledge\n(1) This section applies to section 70 (the repealed provision) as in force\nat any time before the commencement of the Crimes (Amendment)\nOrdinance (No 2) 1984.\nNote The ordinance became an ACT Act (the Crimes (Amendment) Ordinance\n(No 2) 1984) on 11 May 1989 (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth) s 34 (4)).\n\n(2) The repealed provision is taken to have been amended by omitting\nparagraph (a) and substituting it with the following:\n“(a) she was of or above that age but under the age of sixteen years;\nand”.\n","sortOrder":411},{"sectionNumber":"442","sectionType":"section","heading":"Change of venue","content":"442 Change of venue\nIn any criminal proceeding, if it is made to appear to the court—\n(a) that a fair or unprejudiced trial cannot otherwise be had; or\n(b) that for any other reason, it is expedient so to do;\nthe Supreme Court may change the venue, and direct the trial to be\nhad in the other district, or at the particular place, that the court thinks\nfit, and may for that purpose make all the orders that justice appears\nto require.\n","sortOrder":412},{"sectionNumber":"442A","sectionType":"section","heading":"Record of youth offence particulars not to be disclosed in","content":"442A Record of youth offence particulars not to be disclosed in\ncourt proceedings\n(1) A record that discloses particulars of the following kind about a\nperson must not be disclosed to a court in a proceeding involving the\nperson unless the particulars have been omitted:\n(a) a conviction or finding of guilt against the person for a youth\n(b) any action carried out by a police officer in relation to the person\nfor a youth offence;\nExamples—action carried out by a police officer\n• questioning\n• administering a caution\n• enforcing a warrant\n• arrest\n\n(c) a failure by the person to comply with—\n(i) a direction given by a police officer, or any other person\nacting under a territory law, in relation to a youth offence\nor a criminal proceeding for a youth offence; or\n(ii) an order made by a court in a criminal proceeding for a\nyouth offence;\n(d) a direction or order made by a court, in relation to a criminal\nproceeding for a youth offence, that identifies the person;\nExamples—court direction or order identifying the person\n• an order granting bail to the person\n• an order dismissing an appeal by the person\n(e) a finding that the person was not guilty of a youth offence;\n(f) withdrawal of charges against the person for a youth offence.\n(2) However, a record disclosing particulars mentioned in subsection (1)\nmay be disclosed to the court if the youth offence to which the\nparticulars relate was a schedule offence committed or allegedly\ncommitted by the person when the person was at least 12 years old.\nschedule offence—means an offence mentioned in the Criminal\nCode, schedule 1, column 2.\nyouth offence means an offence against a territory law or a law of the\nCommonwealth, a State or another Territory committed or allegedly\ncommitted by the person when under 14 years old.\n","sortOrder":413},{"sectionNumber":"443","sectionType":"section","heading":"Approved forms","content":"443 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n\n","sortOrder":414},{"sectionNumber":"444","sectionType":"section","heading":"Regulation-making power","content":"444 Regulation-making power\nThe Executive may make regulations for this Act.\n\n","sortOrder":415},{"sectionNumber":"Part 33","sectionType":"part","heading":"Transitional—Justice (Age of","content":"Part 33 Transitional—Justice (Age of\nCriminal Responsibility)\nLegislation Amendment Act 2023\n","sortOrder":416},{"sectionNumber":"622","sectionType":"section","heading":"Definitions—pt 33","content":"622 Definitions—pt 33\ncommencement day means the day the Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023, section 59\ncommences.\nyouth offence means an offence against a territory law committed or\nalleged to have been committed by a person who was under 12 years\nold when the offence happened.\n","sortOrder":417},{"sectionNumber":"623","sectionType":"section","heading":"Transitional regulations","content":"623 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the Justice\n(Age of Criminal Responsibility) Legislation Amendment Act 2023.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\n","sortOrder":418},{"sectionNumber":"624","sectionType":"section","heading":"Expiry—pt 33","content":"624 Expiry—pt 33\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nEnding action etc for youth offences Division 33.2\n","sortOrder":419},{"sectionNumber":"625","sectionType":"section","heading":"Application—div 33.2","content":"625 Application—div 33.2\nThis division applies, despite any territory law to the contrary, to a\nperson who is—\n(a) in police custody in relation to a youth offence, whether or not\nthe person has been charged with the offence; or\n(b) subject to a criminal proceeding for a youth offence; or\n(c) subject to a sentencing order for a youth offence.\n","sortOrder":420},{"sectionNumber":"626","sectionType":"section","heading":"Law enforcement action","content":"626 Law enforcement action\n(1) Law enforcement action carried out by a police officer in relation to\na person for a youth offence before the commencement day ends on\nthe commencement day.\n(2) If the law enforcement action that ends under subsection (1) is arrest\nor police custody, the chief police officer must ensure that reasonable\nsteps are taken to ensure the safety of the person on the person’s\nrelease from arrest or custody.\nlaw enforcement action means any of the following actions:\n(a) execution of a warrant;\n(b) arrest;\n(c) police custody;\n(d) beginning a criminal proceeding;\n(e) administration of police bail.\n\n","sortOrder":421},{"sectionNumber":"627","sectionType":"section","heading":"Criminal procedures, proceedings and sentences","content":"627 Criminal procedures, proceedings and sentences\n(1) A summons issued for a youth offence is withdrawn and ceases to\nhave effect on the commencement day.\n(2) A warrant issued for a youth offence is revoked and ceases to have\neffect on the commencement day.\n(3) A decision of a police officer to grant or refuse to grant bail to a\nperson for a youth offence ceases to have effect and the person is\nentitled to be at liberty on the commencement day.\n(4) A decision of a court to grant or refuse to grant bail to a person, or\notherwise remand a person, in a criminal proceeding for a youth\noffence ceases to have effect and the person is entitled to be at liberty\non the commencement day.\n(5) A criminal proceeding against a person for a youth offence is\ndiscontinued on the commencement day.\n(6) A sentence imposed on a person for a youth offence ends on the\ncommencement day.\ncourt attendance notice—see the Magistrates Court Act 1930,\nsection 41B.\nsummons includes a court attendance notice.\n","sortOrder":422},{"sectionNumber":"628","sectionType":"section","heading":"Destruction of forensic material etc","content":"628 Destruction of forensic material etc\n(1) This section applies if, before the commencement day, any of the\nfollowing happened in relation to a person who committed, or who is\nalleged to have committed, a youth offence:\n(a) identification material was taken from the person;\n(b) forensic material was taken from the person;\n(c) a forensic procedure was carried out on the person.\n\nEnding action etc for youth offences Division 33.2\n(2) The chief police officer must ensure the destruction of each of the\n(a) the identification material;\n(b) the forensic material;\n(c) any information obtained from the forensic material;\n(d) any record of a thing mentioned in paragraph (a) to (c).\n(3) The chief police officer must also ensure any information about a\nthing mentioned in subsection (2) entered into a database or record by\na police officer is removed from the database or record.\nforensic material—see the Crimes (Forensic Procedures) Act 2000,\nsection 5.\nforensic procedure—see the Crimes (Forensic Procedures)\nAct 2000, section 5.\nidentification material, in relation to a person—see section 185.\n","sortOrder":423},{"sectionNumber":"629","sectionType":"section","heading":"Release of person from custody","content":"629 Release of person from custody\n(1) This section applies if, on the commencement day, the\ndirector-general responsible for the Crimes (Sentence\nAdministration) Act 2005 is required under this part to release from\ncustody a person who committed, or is alleged to have committed, a\nyouth offence.\n(2) The director-general responsible for that Act must ensure that\nreasonable steps are taken to ensure the safety of the person on the\nperson’s release from custody.\n\n","sortOrder":424},{"sectionNumber":"630","sectionType":"section","heading":"Meaning of criminal justice action—div 33.3","content":"630 Meaning of criminal justice action—div 33.3\ncriminal justice action, for a youth offence, includes any of the\n(a) investigating, apprehending, arresting, detaining, charging, or\nprosecuting a person for the youth offence;\n(b) adjudicating a charge against a person for the youth offence;\n(c) convicting or sentencing a person for the youth offence;\n(d) administering or enforcing any pre-sentence orders or sentence\nfor the youth offence;\n(e) enforcing a requirement to pay a fine, costs, restitution,\ncompensation or other money as a result of being found guilty,\nconvicted, or sentenced for the youth offence.\n","sortOrder":425},{"sectionNumber":"631","sectionType":"section","heading":"Past lawful acts not affected","content":"631 Past lawful acts not affected\nThe commencement of the Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023 does not affect the validity of\ncriminal justice action, for a youth offence, under a territory law\nbefore the commencement day.\n","sortOrder":426},{"sectionNumber":"632","sectionType":"section","heading":"Protection from liability","content":"632 Protection from liability\n(1) A person is not personally liable for any criminal justice action for a\nyouth offence done or omitted to be done honestly and without\nrecklessness before the commencement day—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n\nValidity of past criminal justice action Division 33.3\n(2) Any liability that, apart from subsection (1), would attach to a person\nattaches instead to the Territory.\n","sortOrder":427},{"sectionNumber":"633","sectionType":"section","heading":"No entitlement to compensation etc","content":"633 No entitlement to compensation etc\nA person who committed a youth offence before the commencement\nday is not, because of the enactment of the Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023, entitled to\ncompensation or damages as a result of any criminal justice action for\n\n","sortOrder":428},{"sectionNumber":"Part 34","sectionType":"part","heading":"Transitional—Justice (Age of","content":"Part 34 Transitional—Justice (Age of\nCriminal Responsibility)\nLegislation Amendment Act 2023\n","sortOrder":429},{"sectionNumber":"634","sectionType":"section","heading":"Definitions—pt 34","content":"634 Definitions—pt 34\ncommencement day means the day the Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023, section 60\ncommences.\nschedule offence means an offence mentioned in the Criminal Code,\nschedule 1, column 2.\nyouth offence means an offence against a territory law, other than a\nschedule offence, committed or alleged to have been committed by a\nperson who was at least 12 years old but under 14 years old when the\noffence happened.\n","sortOrder":430},{"sectionNumber":"635","sectionType":"section","heading":"Transitional regulations","content":"635 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the Justice\n(Age of Criminal Responsibility) Legislation Amendment Act 2023.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\n\nEnding action etc for youth offences Division 34.2\n","sortOrder":431},{"sectionNumber":"636","sectionType":"section","heading":"Expiry—pt 34","content":"636 Expiry—pt 34\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n","sortOrder":432},{"sectionNumber":"637","sectionType":"section","heading":"Application—div 34.2","content":"637 Application—div 34.2\nThis division applies, despite any territory law to the contrary, to a\nperson who is—\n(a) in police custody in relation to a youth offence, whether or not\nthe person has been charged with the offence; or\n(b) subject to a criminal proceeding for a youth offence; or\n(c) subject to a sentencing order for a youth offence.\n","sortOrder":433},{"sectionNumber":"638","sectionType":"section","heading":"Law enforcement action","content":"638 Law enforcement action\n(1) Law enforcement action carried out by a police officer in relation to\na person for a youth offence before the commencement day ends on\nthe commencement day.\n(2) If the law enforcement action that ends under subsection (1) is arrest\nor police custody, the chief police officer must ensure that reasonable\nsteps are taken to ensure the safety of the person on the person’s\nrelease from arrest or custody.\nlaw enforcement action means any of the following actions:\n(a) enforcement of a warrant;\n(b) arrest;\n(c) police custody;\n(d) beginning a criminal proceeding;\n\n(e) administration of police bail.\n","sortOrder":434},{"sectionNumber":"639","sectionType":"section","heading":"Criminal procedures, proceedings and sentences","content":"639 Criminal procedures, proceedings and sentences\n(1) A summons issued for a youth offence is withdrawn and ceases to\nhave effect on the commencement day.\n(2) A warrant issued for a youth offence is revoked and ceases to have\neffect on the commencement day.\n(3) A decision of a police officer to grant or refuse to grant bail to a\nperson for a youth offence ceases to have effect and the person is\nentitled to be at liberty on the commencement day.\n(4) A decision of a court to grant or refuse to grant bail to a person, or\notherwise remand a person, in a criminal proceeding for a youth\noffence ceases to have effect and the person is entitled to be at liberty\non the commencement day.\n(5) A criminal proceeding against a person for a youth offence is\ndiscontinued on the commencement day.\n(6) A sentence imposed on a person for a youth offence ends on the\ncommencement day.\ncourt attendance notice—see the Magistrates Court Act 1930,\nsection 41B.\nsummons includes a court attendance notice.\n","sortOrder":435},{"sectionNumber":"640","sectionType":"section","heading":"Destruction of forensic material etc","content":"640 Destruction of forensic material etc\n(1) This section applies if, before the commencement day, any of the\nfollowing happened in relation to a person who committed, or who is\nalleged to have committed, a youth offence:\n(a) identification material was taken from the person;\n(b) forensic material was taken from the person;\n\nEnding action etc for youth offences Division 34.2\n(c) a forensic procedure was carried out on the person.\n(2) The chief police officer must ensure the destruction of each of the\n(a) the identification material;\n(b) the forensic material;\n(c) any information obtained from the forensic material;\n(d) any record of a thing mentioned in paragraph (a) to (c).\n(3) The chief police officer must also ensure any information about a\nthing mentioned in subsection (2) entered into a database or record by\na police officer is removed from the database or record.\nforensic material—see the Crimes (Forensic Procedures) Act 2000,\nsection 5.\nforensic procedure—see the Crimes (Forensic Procedures)\nAct 2000, section 5.\nidentification material, in relation to a person—see section 185.\n","sortOrder":436},{"sectionNumber":"641","sectionType":"section","heading":"Release of person from custody","content":"641 Release of person from custody\n(1) This section applies if, on the commencement day, the\ndirector-general responsible for the Crimes (Sentence\nAdministration) Act 2005 is required under this part to release from\ncustody a person who committed, or is alleged to have committed, a\nyouth offence.\n(2) The director-general responsible for that Act must ensure that\nreasonable steps are taken to ensure the safety of the person on the\nperson’s release from custody.\n\n","sortOrder":437},{"sectionNumber":"642","sectionType":"section","heading":"Meaning of criminal justice action—div 34.3","content":"642 Meaning of criminal justice action—div 34.3\ncriminal justice action, for a youth offence, includes any of the\n(a) investigating, apprehending, arresting, detaining, charging, or\nprosecuting a person for the youth offence;\n(b) adjudicating a charge against a person for the youth offence;\n(c) convicting or sentencing a person for the youth offence;\n(d) administering or enforcing any pre-sentence orders or sentence\nfor the youth offence;\n(e) enforcing a requirement to pay a fine, costs, restitution,\ncompensation or other money as a result of being found guilty,\nconvicted, or sentenced for the youth offence.\n","sortOrder":438},{"sectionNumber":"643","sectionType":"section","heading":"Past lawful acts not affected","content":"643 Past lawful acts not affected\nThe commencement of the Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023 does not affect the validity of\ncriminal justice action, for a youth offence, under a territory law\nbefore the commencement day.\n","sortOrder":439},{"sectionNumber":"644","sectionType":"section","heading":"Protection from liability","content":"644 Protection from liability\n(1) A person is not personally liable for any criminal justice action for a\nyouth offence done or omitted to be done honestly and without\nrecklessness before the commencement day—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n\nValidity of past criminal justice action Division 34.3\n(2) Any liability that, apart from subsection (1), would attach to a person\nattaches instead to the Territory.\n","sortOrder":440},{"sectionNumber":"645","sectionType":"section","heading":"No entitlement to compensation etc","content":"645 No entitlement to compensation etc\nA person who committed a youth offence before the commencement\nday is not, because of the enactment of the Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023, entitled to\ncompensation or damages as a result of any criminal justice action for\n\n(see s 170)\nitem\n1 Androisoxazole\n2 Androsterone\n3 Atamestane\n4 Bolandiol\n5 Bolasterone\n6 Bolazine\n7 Boldenone\n8 Bolenol\n9 Bolmantalate\n10 Calusterone\n11 Chlorandrostenolone\n12 4-Chloromethandienone\n13 Chloroxydienone\n14 Chloroxymesterone (dehydrochloromethyltestosterone)\n15 Clostebol\n16 Danazol\n17 Dihydrolone\n18 Dimethandrostanolone\n19 Dimethazine\n20 Drostanolone\n21 Enestebol\n22 Epitiostanol\n\nAnabolic steroids Schedule 1\nitem\n23 Ethisterone\n24 Ethyldienolone\n25 Ethyloestrenol\n26 Fluoxymesterone\n27 Formebolone\n28 Furazabol\n29 Gestrinone\n30 Hydroxystenozol\n31 Mebolazine\n32 Mepitiostane\n33 Mesabolone\n34 Mestanolone (androstanolone)\n35 Mesterolone\n36 Methandienone\n37 Methandriol\n38 Methandrostenolone\n39 Methenolone\n40 Methylclostebol\n41 Methyltestosterone\n42 Methyltrienolone\n43 Metribolone\n44 Mibolerone\n45 Nandrolone\n46 Norandrostenolone\n47 Norbolethone\n\nitem\n48 Norclostebol\n49 Norethandrolone\n50 Normethandrone\n51 Ovandrotone\n52 Oxabolone\n53 Oxandrolone\n54 Oxymesterone\n55 Oxymetholone\n56 Prasterone\n57 Propetandrol\n58 Quinbolone\n59 Roxibolone\n60 Silandrone\n61 Stanolone\n62 Stanozolol\n63 Stenbolone\n64 Testolactone\n65 Testosterone\n66 Thiomesterone\n67 Trenbolone\n68 Trestolone\n69 Anabolic and androgenic steroidal agents not mentioned elsewhere in this\nschedule\n\n(see s 4)\nNote The Legislation Act contains definitions relevant to this Act. For\nexample:\n• ACAT\n• Act\n• adult\n• ambulance service\n• chief police officer\n• civil partnership\n• civil union\n• commissioner of police\n• contravene\n• correctional centre\n• corrections officer\n• director-general (see s 163)\n• director of public prosecutions\n• doctor\n• domestic partner (see s 169)\n• fail\n• fire and rescue service\n• function\n• head of service\n• health practitioner\n• indictable offence (see s 190)\n• intersex person (see s 169B)\n• judge\n• lawyer\n• magistrate\n• may (see s 146)\n• medical practitioner\n• midwife\n• must (see s 146)\n\n• penalty unit (see s 133)\n• police officer\n• public advocate\n• rural fire service\n• SES\n• summary offence (see s 190)\n• the Territory\n• transgender person (see s 169A).\nAboriginal and Torres Strait Islander children and young people\ncommissioner, for part 10 (Criminal investigation)—see section 185.\nAboriginal or Torres Strait Islander child or young person, for\npart 10 (Criminal investigation)—see section 185.\nACAT, for part 13 (Unfitness to plead and mental impairment)—see\nsection 300 (1).\naccused, for a person before the Magistrates Court, for part 13\n(Unfitness to plead and mental impairment)—see section 300 (1).\nactual bodily harm to a pregnant person includes harm to the\npregnancy other than in the course of a medical procedure (whether\nor not the person suffers any other harm).\naggravated offence—\n(a) for part 2 (Offences against the person)—\n(i) for an offence committed against a pregnant person—see\nsection 48A (2); and\n(ii) for an offence involving family violence—see\nsection 48C (2); and\n(b) for part 3 (Sexual offences)—see section 72AA (2); and\n(c) for part 3A (Intimate image abuse)—see section 72EA (2).\nalternative offence, for part 13 (Unfitness to plead and mental\nimpairment)—see section 300 (1).\n\nanabolic steroid, for part 8 (Anabolic steroids)—see section 170.\napplied provisions—see the Criminal Code, section 10 (1).\nappropriate authority, in relation to a State or another Territory, for\npart 11 (Investigation of extraterritorial offences)—see\nassisting officer, in relation to a warrant, for part 10 (Criminal\nbreasts, for part 3A (Intimate image abuse)—see section 72A.\nchild—\n(a) for the Act generally—\n(i) means a person who has not attained the age of 18 years;\nand\n(ii) in relation to a person, includes a child—\n(A) who normally or regularly resides with the person; or\n(B) of whom the person is a guardian; and\n(b) for subdivision 10.7.2 (Preliminary procedures in relation to\nchildren and young people)—see section 252D.\ncommitted an offence, for subdivision 10.7.2 (Preliminary procedures\nin relation to children and young people)—see section 252D.\nCommonwealth Crimes Act, for part 10 (Criminal investigation)—\ncompliance period, for division 10.9 (Fortification of premises)—see\nsection 252M.\nconduct, for part 13 (Unfitness to plead and mental impairment)—\nsee the Criminal Code, section 13.\nconsent, for part 3 (Sexual offences)—see section 50B.\ncontaminate, for goods, for division 6.6 (Contamination of goods and\nrelated offences)—see section 135.\n\nconveyance, for part 10 (Criminal investigation)—see section 185.\ncorresponding law, for part 11 (Investigation of extraterritorial\ncrime scene, for division 10.4A (Crime scene powers)—see\ncrime scene power, for division 10.4A (Crime scene powers)—see\ndaily care responsibility—see the Children and Young People\nAct 2008, section 19.\ndeal, with money or other property, for division 6.2A (Money\nlaundering and organised fraud)—see section 114A.\ndefendant, for part 13 (Unfitness to plead and mental impairment)—\nsee the Magistrates Court Act 1930, section 18A.\ndetention during pleasure, for part 7 (Escape provisions)—see\nsection 158.\ndirector of public prosecutions means—\n(a) the director of public prosecutions appointed under the Director\nof Public Prosecutions Act 1990; or\n(b) the director of public prosecutions appointed under the Director\nof Public Prosecutions Act 1983 (Cwlth);\nas the case requires.\ndistribute, for part 3A (Intimate image abuse)—see section 72B.\ndomestic partner includes former domestic partner.\neconomic loss, caused through public awareness of the contamination\nof goods, or the possibility of contamination, for part 6 (Offences\nrelating to property)—see section 136.\nengage in conduct, for part 13 (Unfitness to plead and mental\nimpairment)—see the Criminal Code, section 13.\n\nengaged in a private act, for part 3A (Intimate image abuse)—see\nevidential material, for part 10 (Criminal investigation)—see\nexclusion direction, for part 9 (Exclusion powers)—see section 175\n(3).\nexclusion period, for part 9 (Exclusion powers)—see section 175 (3)\n(b).\nexclusion zone, for part 9 (Exclusion powers)—see section 175 (3)\n(a).\nexecuting officer, in relation to a warrant, for part 10 (Criminal\nfamily violence—see the Family Violence Act 2016, section 8.\nfault element—see the Criminal Code, section 17.\nfemale genital mutilation, for part 4 (Female genital mutilation)—\nsee section 73.\nfortification, of premises, for division 10.9 (Fortification of\npremises)—see section 252M.\nfortification inspection order, for division 10.9 (Fortification of\npremises)—see section 252U.\nfortification offence, for division 10.9 (Fortification of premises)—\nsee section 252M.\nfortification removal order, for division 10.9 (Fortification of\npremises)—see section 252N.\nfrisk search, for part 10 (Criminal investigation)—see section 185.\nFull Court, for part 20 (Inquiries into convictions)—see section 421.\ngenital or anal region, for part 3A (Intimate image abuse)—see\n\ngoods, for division 6.6 (Contamination of goods and related\noffences)—see section 135.\ngovernment or non-government school—see the Education\nAct 2004, dictionary.\ngrievous bodily harm to a person includes—\n(a) any permanent or serious disfiguring of the person; and\n(b) for a pregnant person—loss of or serious harm to the pregnancy\nother than in the course of a medical procedure (whether or not\nthe person suffers any other harm).\nidentification material, in relation to a person, for part 10 (Criminal\nimpaired state, for a person, for part 10 (Criminal investigation)—\nindictment includes any information presented or filed as provided\nby law for the prosecution of offences.\ninquiry, for part 20 (Inquiries into convictions)—see section 421.\nintimate image, for part 3A (Intimate image abuse)—see\nissuing officer, in relation to a warrant to search premises or a person\nor a warrant for arrest, for part 10 (Criminal investigation)—see\nknife includes—\n(a) a knife blade; and\n(b) a razor blade; and\n(c) any other blade; but\n(d) does not include a knife of a class or description excluded from\nthis definition by regulation.\nlight rail—see the Road Transport (General) Act 1999, dictionary.\n\nlight rail vehicle—see the Road Transport (General) Act 1999,\nloaded arms means any firearm, airgun or air pistol that is loaded with\nany projectile or missile, whether or not the firearm, airgun or air\npistol is capable of being discharged.\nlong-term care responsibility—see the Children and Young People\nAct 2008, section 20.\nMagistrates Court, for part 13—see section 300 (2).\nmental health order, for part 13 (Unfitness to plead and mental\nimpairment)—see the Mental Health Act 2015, dictionary.\nmental impairment—see the Criminal Code, section 27.\nmotor vehicle—see the Road Transport (General) Act 1999,\nnight, for part 11 (Investigation of extraterritorial offences)—see\noccupier, of premises, for division 10.9 (Fortification of premises)—\nsee section 252M.\noffence, for part 10 (Criminal investigation)—see section 185.\noffence to which this Act applies, for part 11 (Investigation of\nextraterritorial offences)—see section 253 (1).\noffensive weapon means—\n(a) anything made or adapted for use, or capable of being used, for\ncausing injury to or incapacitating a person; or\n(b) anything intended for that use by the person who is carrying it\nor otherwise has it in his or her possession;\nand includes an imitation or replica of an offensive weapon.\nofficer, in relation to a body corporate or public company, includes a\nperson who has been appointed or who acts as an auditor of the body\ncorporate or public company.\n\nordinary search, for part 10 (Criminal investigation)—see\nowner, in relation to an object, for part 11 (Investigation of\nextraterritorial offences)—see section 253 (1).\npolice station, for part 10 (Criminal investigation)—see section 185.\npremises—\n(a) for part 10 (Criminal investigation)—see section 185; and\n(b) for part 11 (Investigation of extraterritorial offences)—see\nprivate premises, for division 10.4A (Crime scene powers)—see\nproceeds of crime, for division 6.2A (Money laundering and\norganised fraud)—see section 114A.\nproperty—\n(a) for division 6.2A (Money laundering and organised fraud)—see\nsection 114A; and\n(b) for division 6.3 (Criminal damage to property)—see\nsection 115.\npublic place—\n(a) for part 9 (Exclusion powers)—see section 174; and\n(b) for division 10.4A (Crime scene powers)—see section 210B.\nrailway includes light rail.\nrecently used conveyance, in relation to a search of a person, for\npart 10 (Criminal investigation)—see section 185.\nreciprocating State, for part 11 (Investigation of extraterritorial\nregistrar, for part 20 (Inquiries into convictions)—see section 421.\n\nrelevant proceeding, in relation to an offence, for part 20 (Inquiries\ninto convictions)—see section 421.\nschool—\n(i) a government or non-government school under the\nEducation Act 2004; or\n(ii) an educational institution conducted by the Canberra\nInstitute of Technology; and\n(b) includes any land or premises that belong to, are occupied by, or\nare used in relation to, a school.\nsearch warrant, for part 11 (Investigation of extraterritorial\nseizable item, for part 10 (Criminal investigation)—see section 185.\nserious offence—\n(a) for part 10 (Criminal investigation)—see section 185; and\n(b) for division 10.4A (Crime scene powers)—see section 210A;\nand\n(c) for part 13 (Unfitness to plead and mental health impairment)—\nsee section 300 (1); and\n(d) for division 13.4 (Magistrates Court—finding of not guilty\nbecause of mental impairment)—see section 325.\nsexual act, for part 3 (Sexual offences)—see section 50C.\nsexual intercourse, for part 3 (Sexual offences)—see section 50 (1).\nsexual services, for part 5 (Sexual servitude)—see section 78.\nsexual servitude, for part 5 (Sexual servitude)—see section 78.\nsimple offence, in relation to a provision, means an offence against\nthe provision that is not an aggravated offence against the provision.\n\nspecial hearing, for part 13 (Unfitness to plead and mental health\nimpairment)—see section 300 (1).\nstrip search, for part 10 (Criminal investigation)—see section 185.\ntainted property, for part 10 (Criminal investigation)—see the\nConfiscation of Criminal Assets Act 2003, section 10.\ntake, identification material, for part 10 (Criminal investigation)—\ntarget material, for part 10 (Criminal investigation)—see the\nConfiscation of Criminal Assets Act 2003, section 195.\ntelephone, for part 11 (Investigation of extraterritorial offences)—see\nthing relevant to an offence, for part 10 (Criminal investigation)—\ntrustee means a trustee on some express trust howsoever created, and\nincludes the heir or personal representative of such trustee, and every\nother person on whom the duty of such trust shall have devolved, and\nalso any official manager, assignee, liquidator, or other like officer,\nacting under any Act relating to joint-stock companies or to\nbankruptcy or insolvency.\nunder restraint, for subdivision 10.7.2 (Preliminary procedures in\nrelation to children and young people)—see section 252D.\nunder the age of criminal responsibility—a person is under the age\nof criminal responsibility for an offence if the person is not\ncriminally responsible under the Criminal Code, section 25 for the\nunlawful activity, for division 6.2A (Money laundering and\norganised fraud)—see section 114A.\nvessel means any ship or vessel used in or intended for navigation,\nother than an undecked boat.\nwarrant, for part 10 (Criminal investigation)—see section 185.\n\nwarrant premises, for part 10 (Criminal investigation)—see\nyoung person, for subdivision 10.7.2 (Preliminary procedures in\nrelation to children and young people)—see section 252D.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a NSW Act—the Crimes Act 1900 A1900-40 (NSW).\nThe Act was in force in NSW immediately before 1 January 1911 (the date of\nestablishment of the ACT) and was continued in force by the Seat of Government\nAcceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4, the Act had\neffect in the ACT as if it were an ACT law (subject to ordinances made under the\nSeat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth) converted\ncertain former NSW laws in force in the ACT into ACT enactments. This allowed\nthe ACT Legislative Assembly to amend and repeal the laws. This Act was\nconverted into an ACT enactment on self-government (11 May 1989).\nUnder the Crimes Legislation (Status and Citation) Act 1992, this Act became, for\nall purposes, a law made by the ACT Legislative Assembly. This completed the\nprocess of making the former NSW law fully into an ACT law.\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth), s 25).\nNSW legislation\nCrimes Act 1900 A1900-40\nnotified 31 October 1900\ncommenced 31 October 1900\nCommonwealth legislation\nCrimes Ordinance 1942 Ord1942-12\nnotified 28 May 1942 (Cwlth Gaz 1942 No 153)\ncommenced 28 May 1942\nCrimes Ordinance 1944 Ord1944-1\nnotified 20 January 1944 (Cwlth Gaz 1944 No 13)\ncommenced 20 January 1944\n\nCrimes Ordinance 1951 Ord1951-14\nnotified 14 December 1951 (Cwlth Gaz 1951 No 93)\ncommenced 14 December 1951\nCrimes Ordinance 1963 Ord1963-11\nnotified 23 May 1963 (Cwlth Gaz 1963 No 45)\ncommenced 23 May 1963\nCrimes Ordinance 1968 Ord1968-4\nnotified 14 March 1968 (Cwlth Gaz 1968 No 23)\ncommenced 15 March 1968 (s 2)\nCrimes Ordinance 1970 Ord1970-40\nnotified 22 October 1970 (Cwlth Gaz 1970 No 91)\ncommenced 22 October 1970\nCrimes Ordinance 1971 Ord1971-2\nnotified 25 February 1971 (Cwlth Gaz 1971 No 21)\ns 8 commenced 29 March 1971 (s 2 (2))\nremainder commenced 1 March 1971 (s 2 (1))\nPublic Order (Protection of Persons and Property) Act 1971\n(Cwlth) 1971 No 26 sch\nassented to 13 May 1971\nsch commenced 13 May 1971 (s 2)\nCrimes Ordinance 1974 Ord1974-17\nnotified 17 April 1974 (Cwlth Gaz 1974 No 31E)\ncommenced 17 April 1974\nCrimes (Amendment) Ordinance 1978 Ord1978-45\nnotified 21 December 1978 (Cwlth Gaz 1978 No S289)\ncommenced 21 December 1978\nCrimes (Amendment) Ordinance 1979 Ord1979-1\nnotified 31 January 1979 (Cwlth Gaz 1979 No S13)\ncommenced 31 January 1979\nCrimes (Amendment) Ordinance 1983 Ord1983-27 (as am by\nOrd1983-45 s 3; Ord1985-16 s 6)\nnotified 22 September 1983 (Cwlth Gaz 1983 No S214)\ncommenced 22 September 1983\n\nCrimes (Amendment) Ordinance (No 2) 1983 Ord1983-45\nnotified 29 September 1983 (Cwlth Gaz 1983 No S226)\ncommenced 22 September 1983 (s 2)\nNote This Ordinance only amends the Crimes (Amendment)\nOrdinance 1983 Ord1983-27.\nCrimes (Amendment) Ordinance (No 3) 1983 Ord1983-55\nnotified 18 November 1983 (Cwlth Gaz 1983 No S284)\ncommenced 18 November 1983\nCrimes (Amendment) Ordinance 1984 Ord1984-32\nnotified 29 June 1984 (Cwlth Gaz 1984 No S244)\ncommenced 29 June 1984\nCrimes (Amendment) Ordinance (No 2) 1984 Ord1984-78\nnotified 19 December 1984 (Cwlth Gaz 1984 No S530)\ncommenced 19 December 1984\nCrimes (Amendment) Ordinance 1985 Ord1985-11\nnotified 8 March 1985 (Cwlth Gaz 1985 No S69)\ncommenced 12 August 1985 (s 3 and Cwlth Gaz 1985 No S313)\nCrimes (Amendment) Ordinance (No 2) 1985 Ord1985-16\nnotified 17 April 1985 (Cwlth Gaz 1985 No S131)\ns 6 taken to have commenced 22 September 1983 (s 6 (2))\nremainder commenced 17 April 1985\nCrimes (Amendment) Ordinance (No 3) 1985 Ord1985-40\nnotified 5 September 1985 (Cwlth Gaz 1985 No S359)\ncommenced 5 September 1985\nCrimes (Amendment) Ordinance (No 4) 1985 Ord1985-44\nnotified 13 September 1985 (Cwlth Gaz 1985 No S367)\nss 1-4, s 5 (2), s 12 (1) commenced 13 September 1985 (s 2 (1))\nremainder commenced 1 January 1986 (s 2 (2))\nCrimes (Amendment) Ordinance (No 5) 1985 Ord1985-62\nnotified 28 November 1985 (Cwlth Gaz 1985 No S501)\ncommenced 28 November 1985\nMagistrates Court Ordinance 1985 Ord1985-67 sch pt 1\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\n\nCrimes (Amendment) Ordinance (No 6) 1985 Ord1985-75\nnotified 20 December 1985 (Cwlth Gaz 1985 No S557)\ncommenced 20 December 1985\nChildren’s Services (Miscellaneous Amendments) Ordinance 1986\nOrd1986-14 s 3\nnotified 4 June 1986 (Cwlth Gaz 1986 No S261)\ns 3 commenced 26 Apr 1988 (Cwlth Gaz 1988 No S116)\nCrimes (Amendment) Ordinance 1986 Ord1986-15\nnotified 6 June 1986 (Cwlth Gaz 1986 No S263)\ncommenced 1 July 1986 (s 2)\nCrimes (Amendment) Ordinance (No 2) 1986 Ord1986-27 (as am by\nOrd1986-37)\nnotified 31 July 1986 (Cwlth Gaz 1986 No S375)\ncommenced 31 July 1986\nCrimes (Amendment) Ordinance (No 3) 1986 Ord1986-37\nnotified 15 August 1986 (Cwlth 1986 Gaz S399)\ncommenced 31 July 1986 (s 2)\nNote This Ordinance only amends the Crimes (Amendment)\nOrdinance (No 2) 1986 Ord1986-27.\nDomestic Violence (Miscellaneous Amendments) Ordinance 1986\nOrd1986-53 s 3\nnotified 4 September 1986 (Cwlth Gaz 1986 No S446)\ncommenced 1 October 1986 (s 2 and Cwlth Gaz 1986 No S484)\nCrimes (Amendment) Ordinance (No 4) 1986 Ord1986-57 (as am by\nOrd1987-3 s 11)\nnotified 3 October 1986 (Cwlth Gaz 1986 No S507)\ncommenced 3 October 1986\nMagistrates Court (Amendment) Ordinance (No 3) 1986 Ord1986-74\ns 88\nnotified 14 November 1986 (Cwlth Gaz 1986 No S592)\ncommenced 14 November 1986\nCrimes (Amendment) Ordinance 1987 Ord1987-3\nnotified 11 February 1987 (Cwlth Gaz 1987 No S27)\ns 11 taken to have commenced 3 October 1986 (s 11 (2))\nremainder commenced 11 February 1987\n\nCrimes (Amendment) Ordinance 1988 Ord1988-44\nnotified 27 July 1988 (Cwlth Gaz 1988 No S218)\ncommenced 27 July 1988\nCrimes (Amendment) Ordinance (No 2) 1988 Ord1988-75\nnotified 19 October 1988 (Cwlth Gaz 1988 No GN 39)\nss 1-3, ss 7-9 commenced 19 October 1988 (s 2 (1))\nremainder commenced 19 December 1988 (s 2 (2) and Gaz 1988 No\nS384)\nCrimes (Amendment) Ordinance 1990 Ord1990-1\nnotified 23 May 1990 (Cwlth Gaz 1990 No GN 20)\ncommenced 23 May 1990\nCrimes (Amendment) Ordinance (No 2) 1990 Ord1990-2\nnotified 23 May 1990 (Cwlth Gaz 1990 No GN 20)\ncommenced 15 June 1990 (s 2)\nEvidence (Amendment) Ordinance 1990 Ord1990-4 s 5\nnotified 27 June 1990 (Cwlth Gaz 1990 No GN 25)\ns 5 commenced 27 June 1990 (s 2)\nSelf-Government (Consequential Amendments) Ordinance 1990\nOrd1990-5 sch 2\nnotified 27 June 1990 (Cwlth Gaz 1990 No GN 25)\ns 1, s 2 commenced 27 June 1990 (s 2 (1))\nsch 2 remainder commenced 1 July 1990 (s 2 (2))\nLegislation after becoming Territory enactment\nCrimes (Amendment) Act (No 3) 1990 A1990-66\nnotified 24 December 1990 (Gaz 1990 No S98)\ns 1, s 3 commenced 24 December 1990 (s 3 (1))\nremainder commenced 6 February 1991 (s 3 (2) and Gaz 1991 No S5)\nWeapons (Consequential Amendments) Act 1991 A1991-9 sch\nnotified 3 April 1991 (Gaz 1991 No S19)\ns 1, s 2 commenced 3 April 1991 (s 2 (1))\nsch commenced 3 October 1991 (s 2 (2))\n\nCrimes (Amendment) Act 1991 A1991-18\nnotified 10 May 1991 (Gaz 1991 No S36)\ncommenced 10 May 1991\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 9\nnotified 20 September 1991 (Gaz 1991 No S95)\ns 1, s 2 commenced 20 September 1991 (s 2 (1))\ns 9 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)\nCrimes (Amendment) Act (No 2) 1991 A1991-78\nnotified 11 December 1991 (Gaz 1991 No S139)\nss 1-3 commenced 11 December 1991 (s 2 (1))\nremainder commenced 11 June 1992 (s 2 (3))\nCrimes (Amendment) Act (No 3) 1991 A1991-90\nnotified 24 December 1991(Gaz 1991 No S155)\ncommenced 24 December 1991\nProceeds of Crime (Consequential Amendments) Act 1991 A1991-104\ns 1, s 2 commenced 10 January 1992 (s 2 (1))\nremainder commenced 10 February 1992 (s 2 (2) and see Gaz 1992\nNo S21)\nCrimes (Amendment) Act (No 4) 1991 A1991-120\ncommenced 10 January 1992\nCrimes (Amendment) Act (No 5) 1991 A1991-122\ncommenced 10 January 1992\nCrimes Legislation (Status and Citation) Act 1992 A1992-6\nnotified 28 May 1992 (Gaz 1992 No S59)\ncommenced 28 May 1992\nBail (Consequential Amendments) Act 1992 A1992-9 pt 2\nnotified 28 May 1992 (Gaz 1992 No S59)\ns 1, s 2 commenced 28 May 1992 (s 2 (1))\npt 2 commenced 28 November 1992 (s 2 (3))\n\nStatute Law Revision (Miscellaneous Provisions) Act 1992 A1992-23\nsch 1\nnotified 4 June 1992 (Gaz 1992 No S71)\ncommenced 4 June 1992\nCrimes (Amendment) Act 1992 A1992-35\nnotified 8 July 1992 (Gaz 1992 No S103)\ncommenced 8 July 1992\nProstitution (Consequential Amendments) Act 1992 A1992-65 s 4\nnotified 1 December 1992 (Gaz 1992 No S208)\ns 1, s 2 commenced 1 December 1992 (s 2 (1))\ns 4 commenced 1 June 1993 (s 2 (3))\nCrimes (Amendment) Act (No 2) 1992 A1992-76\nnotified 24 December 1992 (Gaz 1992 No S236)\ncommenced 24 December 1992\nCrimes (Amendment) Act 1993 A1993-3\nnotified 1 March 1993 (Gaz 1993 No S23)\ncommenced 1 March 1993\nCrimes (Amendment) Act (No 2) 1993 A1993-73\nnotified 22 October 1993 (Gaz 1993 No S215)\nss 1-3 commenced 22 October 1993 (s 3 (1))\nremainder commenced 15 November 1993 (s 3 (2) and Gaz 1993 No\nS230)\nSupreme Court (Amendment) Act (No 2) 1993 A1993-91 sch 3\nnotified 17 December 1993 (Gaz 1993 No S258)\ncommenced 17 December 1993 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 21\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 21 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\n\nCrimes (Amendment) Act 1994 A1994-46\nnotified 7 September 1994 (Gaz 1994 No S177)\nss 1-3 commenced 7 September 1994 (s 2 (1))\nremainder commenced 6 February 1995 (s 2 (2) and Gaz 1995\nNo S33)\nCrimes (Amendment) Act (No 2) 1994 A1994-75\nnotified 23 November 1994 (Gaz 1994 No S247)\nss 1-3 commenced 23 November 1994 (s 2 (1))\nremainder commenced 1 December 1994 (s 2 (2) and Gaz 1994\nNo S270)\nActs Revision (Victims of Crime) Act 1994 A1994-84 pt 3\npt 3 commenced 15 June 1995 (s 2 (3))\nIntoxicated Persons (Consequential Amendments) Act 1994 A1994-86\ns 4\ns 4 commenced 15 June 1995 (s 2 (2))\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No\nS293)\nEvidence (Amendment) Act 1994 A1994-98 s 7\ncommenced 15 December 1994 (s 2)\nCrimes (Amendment) Act 1995 A1995-2\nnotified 19 June 1995 (Gaz 1995 No S115)\ncommenced 19 June 1995 (s 2)\n\nPeriodic Detention Act 1995 A1995-3 pt 5 div 2\nnotified 19 June 1995 (Gaz 1995 No S115)\ns 1, s 2 commenced 19 June 1995 (s 2 (1))\npt 5 div 2 commenced 1 September 1995 (s 2 (2) and Gaz 1995\nNo S222)\nCrimes (Amendment) Act (No 2) 1995 A1995-49\nnotified 18 December 1995 (Gaz 1995 No S306)\nss 1-3 commenced 18 December 1995 (s 2 (1))\nremainder commenced 18 June 1996 (s 2 (3))\nCrimes (Amendment) Act (No 3) 1995 A1995-50\nnotified 18 December 1995 (Gaz 1995 No S306)\nss 1-3 commenced 18 December 1995 (s 2 (1))\nremainder commenced 1 December 1997 (s 2 (2) and Gaz 1997\nNo S385)\nCrimes (Amendment) Act 1996 A1996-31\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\nCrimes (Amendment) Act (No 2) 1996 A1996-36\nnotified 10 July 1996 (Gaz 1996 No S160)\ncommenced 10 July 1996 (s 2)\nFirearms Act 1996 A1996-74 sch 3\nnotified 20 December 1996 (Gaz 1996 No S328)\ns 1, s 2 commenced 20 December 1996 (s 2 (1))\nsch 3 commenced 17 May 1997 (s 2 (2) and Gaz 1997 No S135)\nCrimes (Amendment) Act 1997 A1997-10\nnotified 16 May 1997 (Gaz 1997 No S131)\ncommenced 16 May 1997 (s 2)\nCrimes (Amendment) Act (No 2) 1997 A1997-23\nnotified 29 May 1997 (Gaz 1997 No S136)\nss 1-3 commenced 29 May 1997 (s 2 (1))\nremainder commenced 30 May 1997 (s 2 (2) and Gaz 1997 No S149)\n\nMotor Traffic (Amendment) Act (No 2) 1997 A1997-52 pt 4\nnotified 19 September 1997 (Gaz 1997 No S264)\nss 1-3 commenced 19 September 1997 (s 2 (1))\npt 4 commenced 2 March 1998 (s 2 (2) and see Gaz 1997 No S427)\nCrimes (Amendment) Act (No 3) 1997 A1997-86\nnotified 21 November 1997 (Gaz 1997 No S359)\nss 1-3 commenced 21 November 1997 (s 2 (1))\nremainder commenced 11 December 1997 (s 2 (2) and Gaz 1997\nNo S410)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nCrimes (Amendment) Act (No 4) 1997 A1997-117\nnotified 24 December 1997 (Gaz 1997 No S420)\ncommenced 24 December 1997 (s 2)\nCrimes (Amendment) Act 1998 A1998-9\nnotified 10 June 1998 (Gaz 1998 No S160)\ncommenced 10 June 1998 (s 2)\nCrimes (Amendment) Act (No 2) 1998 A1998-22\nnotified 10 July 1998 (Gaz 1998 No S190)\ncommenced 10 July 1998 (s 2)\nCrimes (Amendment) Act (No 3) 1998 A1998-29\nnotified 10 July 1998 (Gaz 1998 No S190)\ns 1, s 2 commenced 10 July 1998 (s 2 (1))\nremainder commenced 1 January 1999 (s 2 (2) and see Gaz 1998\nNo 50)\nCrimes (Amendment) Act (No 4) 1998 A1998-57\nnotified 27 November 1998 (Gaz 1998 No S207)\ncommenced 27 November 1998\n\nCustodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt 4\nnotified 23 December 1998 (Gaz 1998 No S212)\ns 1, s 2 commenced 23 December 1998 (s 2 (1))\npt 4 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)\nCrimes (Amendment) Act (No 5) 1998 A1998-71\nnotified 23 December 1998 (Gaz 1998 No S212)\ncommenced 23 December 1998 (s 2)\nCrimes (Amendment) Act 1999 A1999-32\nnotified 25 June 1999 (Gaz 1999 No S34)\nss 1-4 commenced 25 June 1999 (s 2 (1))\nremainder commenced 1 October 1999 (s 2 (2))\nMotor Traffic (Amendment) Act (No 2) 1999 A1999-50 sch\nnotified 17 September 1999 (Gaz 1999 No S54)\nss 1-3 commenced 17 September 1999 (s 2 (1))\nsch commenced 6 October 1999 (s 2 (2) and Gaz 1999 No S58)\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\nsch 2 commenced 10 May 2000 (s 2 (2))\nCrimes Amendment Act (No 2) 1999 A1999-71\nnotified 15 December 1999 (Gaz 1999 No 50)\ncommenced 15 December 1999 (s 2)\nRoad Transport Legislation Amendment Act 1999 A1999-79 sch 3\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nsch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)\nVictims of Crime (Financial Assistance) (Amendment) Act 1999\nA1999-91 s 12\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (s 2 (1))\ns 12 commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69)\n\nCrimes Amendment Act 2000 A2000-3\nnotified 9 March 2000 (Gaz 2000 No 10)\ncommenced 9 March 2000 (s 2)\nCrimes Amendment Act 2000 (No 2) A2000-56\nnotified 5 October 2000 (Gaz 2000 No 40)\ns 1, s 2 commenced 5 October 2000 (IA s 10B)\nremainder (ss 3-4) commenced 5 April 2001 (IA s 10E)\nCrimes Amendment Act 2000 (No 3) A2000-58\nnotified 5 October 2000 (Gaz 2000 No 40)\ncommenced 5 October 2000 (s 2)\nUtilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 3\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\nsch 1 pt 3 commenced 1 January 2001 (Gaz 2000 No S69)\nCrimes Amendment Act 2000 (No 4) A2000-85\nnotified 21 December 2000 (Gaz 2000 No S69)\ncommenced 21 December 2000 (s 2)\nCrimes Amendment Act 2001 A2001-8\nnotified 8 March 2001 (Gaz 2001 No 10)\ncommenced 8 March 2001 (s 2)\nBail Amendment Act 2001 A2001-25 pt 3\nnotified 24 May 2001 (Gaz 2001 No 21)\npt 3 commenced 24 May 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 90\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 90 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 3.12\nnotified 5 September 2001 (Gaz 2001 No S65)\ns 1, s 2 commenced 5 September 2001 (IA s 10B)\namdt 3.239 commenced 12 September 2001 (s 2 (2) and see\nGaz 2001 No S65))\npt 3.12 remainder commenced 5 September 2001 (s 2 (1))\n\nCrimes Legislation Amendment Act 2001 A2001-63 pt 4\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 4 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 sch 1\nnotified LR 14 September 2001\namdts commenced 14 September 2001 (s 2 (5))\nCrimes Amendment Act 2001 (No 2) A2001-75\nnotified LR 14 September 2001\ncommenced 14 September 2001 (s 2)\nProtection Orders (Consequential Amendments) Act 2001 A2001-90\nsch 1 pt 3\nnotified LR 27 September 2001\ns 1, s 2 commenced 27 September 2001 (LA s 75)\nsch 1 pt 3 commenced 27 March 2002 (s 2, see Protection Orders\nAct 2001 A2001-89 s 3 and LA s 79)\nCrimes Amendment Act 2002 A2002-3\nnotified LR 14 March 2002\ncommenced 14 March 2002 (s 2)\nCrimes (Bushfires) Amendment Act 2002 A2002-9\nnotified LR 13 May 2002\ns 1, s 2 commenced 13 May 2002 (LA s 75)\nremainder commenced 14 May 2002 (s 2)\nLegislation Amendment Act 2002 A2002-11 pt 2.12\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.12 commenced 28 May 2002 (s 2 (1))\nCrimes (Abolition of Offence of Abortion) Act 2002 A2002-24\nnotified LR 9 September 2002\ncommenced 9 September 2002 (s 2)\n\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.4\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.4 commenced 17 January 2003 (s 2 (1))\nRehabilitation of Offenders (Interim) Amendment Act 2002 (No 2)\nA2002-50 ss 21-23\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\ns 21, s 22 commenced 21 December 2002 (s 2 (1))\ns 23 commenced 20 March 2003 (s 2 (2))\nCriminal Code 2002 No 51 pt 1.6\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.6 commenced 1 January 2003 (s 2 (1))\nConfiscation of Criminal Assets Act 2003 A2003-8 sch 1 pt 1.2\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.2 commenced 15 August 2003 (s 2 and CN2003-7)\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.9\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (s 75 (1))\nsch 1 pt 1.9 commenced 28 March 2003 (s 2)\nCrimes (Industrial Manslaughter) Amendment Act 2003 A2003-55\nnotified LR 4 December 2003\ns 1, s 2 commenced 4 December 2003 (LA s 75 (1))\nremainder commenced 1 March 2004 (s 2)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 2 pt 2.1\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 2 pt 2.1 commenced 22 March 2004 (s 2 and CN2004-4)\n\nBail Amendment Act 2004 A2004-14 sch 2 pt 2.1\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.1 commenced 26 June 2004 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 3 pt 3.2\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 3 pt 3.2 commenced 9 April 2004 (s 2 (1))\nCrimes Amendment Act 2004 A2004-16 pt 2\nnotified LR 16 March 2004\ns 1, s 2 commenced 16 March 2004 (LA s 75 (1))\npt 2 commenced 17 March 2004 (s 2)\nEducation Act 2004 A2004-17 sch 2 pt 2.3\nnotified LR 8 April 2004\ns 1, s 2 commenced 8 April 2004 (LA s 75 (1))\nsch 2 pt 2.3 commenced 1 January 2005 (s 2)\nEmergencies Act 2004 A2004-28 sch 3 pt 3.6\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.6 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nCrimes Legislation Amendment Act 2004 A2004-30 pt 2\nnotified LR 7 July 2004\ns 1, s 2 taken to have commenced 27 May 2004 (LA s 75 (2))\npt 2 commenced 8 July 2004 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 8\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 8 commenced 13 July 2004 (s 2 (3))\n\nHealth Professionals Legislation Amendment Act 2004 A2004-39 sch\n6 pt 6.3\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 6 pt 6.3 commenced 17 January 2006 (s 2 and see Health\nProfessionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1)\nand CN2006-2)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.17\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.17 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nCorrections Reform Amendment Act 2004 A2004-61 (as am by\nA2005-43 amdt 1.12)\nnotified LR 6 September 2004\ns 1, s 2 commenced 6 September 2004 (LA s 75 (1))\nremainder never commenced\nNote This Act was repealed on 2 June 2006 by the Sentencing\nLegislation Amendment Act 2006 A2006-23 before it\ncommenced (see A2006-23 s 6 (1)).\nCrimes (Restorative Justice) Act 2004 A2004-65 ss 77-79\nnotified LR 6 September 2004\ns 1, s 2 commenced 6 September 2004 (LA s 75 (1))\nss 77-79 commenced 31 January 2005 (s 2 and CN2004-28)\nCrimes Amendment Act 2005 A2005-7 pt 3\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 3 commenced 24 February 2005 (s 2)\nDomestic Violence and Protection Orders Amendment Act 2005\nA2005-13 sch 1 pt 1.4\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nsch 1 pt 1.4 commenced 25 March 2005 (s 2)\n\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.12\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.12 commenced 2 June 2005 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2005\n(No 3) A2005-43 pt 1.5\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\npt 1.5 commenced 1 September 2005 (s 2 (3) and CN2005-14)\nNote This Act only amends the Corrections Reform Amendment Act\n","sortOrder":441},{"sectionNumber":"2004","sectionType":"section","heading":"A2004-61.","content":"2004 A2004-61.\nPublic Sector Management Amendment Act 2005 (No 2) A2005-44\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 8 September 2005 (s 2 and CN2005-19)\nMental Health (Treatment and Care) Amendment Act 2005 A2005-48\nnotified LR 6 September 2005\ns 1, s 2 commenced 6 September 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 7 September 2005 (s 2)\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.6, sch 2 pt 2.1\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.6, sch 2 pt 2.1 commenced 23 November 2005 (s 2)\nCivil Law (Wrongs) Amendment Act 2006 A2006-1 sch 1 pt 1.1\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nsch 1 pt 1.1 commenced 23 February 2006 (s 2)\nCrimes (Offences Against Pregnant Women) Amendment Act 2006\nA2006-5\nnotified LR 15 March 2006\ns 1, s 2 commenced 15 March 2006 (LA s 75 (1))\nremainder commenced 16 March 2006 (s 2)\n\nCriminal Code (Mental Impairment) Amendment Act 2006 A2006-14\nnotified LR 6 April 2006\ns 1, s 2 commenced 6 April 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 7 April 2006 (s 2)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.7\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.7 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n","sortOrder":442},{"sectionNumber":"2006","sectionType":"section","heading":"No S93)","content":"2006 No S93)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.7,\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.7, sch 2 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nCivil Law (Property) Act 2006 A2006-38 amdt 1.6\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\namdt 1.6 commenced 28 March 2007 (s 2 and LA s 79)\nHealth Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.3\nnotified LR 17 November 2006\ns 1, s 2 commenced 17 November 2006 (LA s 75 (1))\nsch 2 pt 2.3 commenced 18 November 2006 (s 2 (1))\nCorrections Management Act 2007 A2007-15 sch 1 pt 1.1\nnotified LR 18 June 2007\ns 1, s 2 commenced 18 June 2007 (LA s 75 (1))\nsch 1 pt 1.1 commenced 18 December 2007 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.5\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.5 commenced 6 September 2007 (s 2)\n\nOccupational Health and Safety (Regulatory Services) Legislation\nAmendment Act 2007 A2007-37 sch 2 pt 2.1\nnotified LR 22 November 2007\ns 1, s 2 commenced 22 November 2007 (LA s 75 (1))\nsch 2 pt 2.1 commenced 23 November 2007 (s 2)\nCrimes Amendment Act 2008 A2008-6 pt 3\nnotified LR 15 April 2008\ns 1, s 2 commenced 15 April 2008 (LA s 75 (1))\npt 3 commenced 16 April 2008 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.7\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.7 commenced 19 May 2008 (s 2 and CN2008-8)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.3\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 27 February 2009 (s 2 and CN2008-17 (and\nsee CN2008-13))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 4 pt 4.7\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 4 pt 4.7 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2\npt 2.4\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.4 commenced 14 February 2009 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2008\n(No 3) A2008-29 sch 1 pt 1.5\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.5 commenced 27 August 2008 (s 2)\n\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.18\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.18 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.3\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 30 May 2009 (s 2 and CN2009-4)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.4\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.4 commenced 30 March 2009 (s 2)\nas modified by\nCrimes (Transitional Provisions) Regulation 2009 SL2009-21\nnotified LR 18 May 2009\ns 1, s 2 commenced 18 May 2009 (LA s 75 (1))\nremainder commenced 30 May 2009 (s 2 and see Crimes Legislation\nAmendment Act 2008 A2008-44, s 2 and CN2009-4)\nMedicines, Poisons and Therapeutic Goods Regulation 2008\nSL2008-42 s 1100 and sch 10 (as am by SL2009-27 s 6, s 7)\nnotified LR 15 September 2008\ns 1, s 2 commenced 15 September 2008 (LA s 75 (1))\nremainder commenced 14 February 2009 (s 2 and see Medicines,\nPoisons and Therapeutic Goods Act 2008 A2008-26, s 2 and LA s 79)\nMedicines, Poisons and Therapeutic Goods Amendment\nRegulation 2009 (No 1) SL2009-27 s 6, s 7\nnotified LR 5 June 2009\ns 1, s 2 commenced 5 June 2009 (LA s 75 (1))\ns 6, s 7 commenced 6 June 2009 (s 2)\nNote This regulation only amends the Medicines, Poisons and\nTherapeutic Goods Regulation 2008 SL2008-42.\n\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.3\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.3 commenced 4 September 2009 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.3\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.3 commences 1 October 2009 (s 2 and see Work Safety Act\n","sortOrder":443},{"sectionNumber":"2008","sectionType":"section","heading":"A2008-51, s 2 (1) (b) and CN2009-11)","content":"2008 A2008-51, s 2 (1) (b) and CN2009-11)\nCrimes (Murder) Amendment Act 2009 A2009-32\nnotified LR 23 September 2009\ns 1, s 2 commenced 23 September 2009 (LA s 75 (1))\nremainder commenced 14 December 2009 (s 2 and CN2009-13)\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.5\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.5 commenced 1 July 2010 (s 2 (1) (a))\nCrimes (Serious Organised Crime) Amendment Act 2010 A2010-25\npt 2\nnotified LR 8 July 2010\ns 1, s 2 commenced 8 July 2010 (LA s 75 (1))\npt 2 commenced 9 July 2010 (s 2)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.5\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\n\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2010 A2010-47 sch 1 pt 1.1\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 December 2010 (s 2 (2) and see Road\nTransport (Alcohol and Drugs) (Random Drug Testing) Amendment Act\n","sortOrder":444},{"sectionNumber":"2010","sectionType":"section","heading":"A2010-27, s 2 and CN2010-15)","content":"2010 A2010-27, s 2 and CN2010-15)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 4) A2010-50 sch 1 pt 1.1\nnotified LR 14 December 2010\ns 1, s 2 commenced 14 December 2010 (LA s 75 (1))\nsch 1 pt 1.1 commenced 21 December 2010 (s 2 (1))\nCrimes Legislation Amendment Act 2011 A2011-7 pt 2\nnotified LR 16 March 2011\ns 1, s 2 commenced 16 March 2011 (LA s 75 (1))\npt 2 commenced 17 March 2011 (s 2)\nCourts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.4\nnotified LR 11 May 2011\ns 1, s 2 commenced 11 May 2011 (LA s 75 (1))\nsch 1 pt 1.4 commenced 25 July 2011 (s 2 and CN2011-8)\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2011 A2011-15 pt 2\nnotified LR 12 May 2011\ns 1, s 2 commenced 12 May 2011 (LA s 75 (1))\npt 2 commenced 13 May 2011 (s 2)\nCriminal Proceedings Legislation Amendment Act 2011 A2011-20 pt 2\nnotified LR 6 July 2011\ns 1, s 2 commenced 6 July 2011 (LA s 75 (1))\npt 2 commenced 7 July 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.40\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.40 commenced 1 July 2011 (s 2 (1))\n\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.12\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nCrimes (Penalties) Amendment Act 2011 A2011-50\nnotified LR 23 November 2011\ns 1, s 2 commenced 23 November 2011 (LA s 75 (1))\nremainder commenced 24 November 2011 (s 2)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.14\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.14 commenced 12 December 2011 (s 2)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.4\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.8\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.8 commenced 11 September 2012 (s 2)\nPublic Unleased Land Act 2013 A2013-3 sch 2 pt 2.2\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 July 2013 (s 2 and CN2013-9)\nJustice and Community Safety Legislation Amendment Act 2013\n(No 2) A2013-11 sch 1 pt 1.3\nnotified LR 28 March 2013\ns 1, s 2 commenced 28 March 2013 (LA s 75 (1))\nsch 1 pt 1.3 commenced 4 April 2013 (s 2)\n\nCrimes Legislation Amendment Act 2013 A2013-12 pt 2\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 2 commenced 24 April 2013 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.7\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.7 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nCrimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 3\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75)\npt 3 commenced 10 December 2013 (s 2 (2))\nas modified by\nHeavy Vehicle National Law (ACT) (Transitional Provisions)\nRegulation 2014 SL2014-16 s 3 and sch 1\nnotified LR 28 July 2014\ns 1, s 2 commenced 28 July 2014 (LA s 75 (1))\ns 3 and sch 1 commenced 29 July 2014 (s 2)\nCrimes Amendment Act 2014 A2014-40\nnotified LR 2 October 2014\ns 1, s 2 taken to have commenced 7 August 2014 (LA s 75 (2))\nremainder taken to have commenced 7 August 2014 (s 2)\nRail Safety National Law (ACT) Act 2014 A2014-14 pt 5\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\npt 5 commenced 20 November 2014 (s 2 and LA s 79)\n\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.3 (as am by A2015-38 amdt 2.54)\nnotified LR 12 November 2014\ns 1, s 2 commenced 12 November 2014 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 March 2016 (s 2 (as am by A2015-38 amdt\n2.54))\nCrimes Legislation Amendment Act 2015 A2015-3 pt 3\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\npt 3 commenced 3 March 2015 (s 2 (1))\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.2\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 December 2015 (s 2 (1) and CN2015-22)\nRoad Transport Legislation Amendment Act 2015 A2015-30 pt 2\nnotified LR 21 August 2015\ns 1, s 2 commenced 21 August 2015 (LA s 75 (1))\npt 2 commenced 22 August 2015 (s 2)\nCrimes (Child Sex Offenders) Amendment Act 2015 A2015-35 sch 1\npt 1.1\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75 (1))\nsch 1 pt 1.1 commenced 2 October 2015 (s 2)\nCrimes Legislation Amendment Act 2015 (No 2) A2015-36 pt 3\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75)\npt 3 commenced 2 October 2015 (s 2)\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.6\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nsch 2 pt 2.4 div 2.4.6 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nNote Sch 2 pt 2.2 (amdt 2.54) only amends the Mental Health\n(Treatment and Care) Amendment Act 2014 A2014-51\n\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 pt 2, sch 1 pt 1.5\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\npt 2, sch 1 pt 1.5 commenced 5 November 2015 (s 2 (1))\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.10\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.10 commenced 9 December 2015 (s 2)\nRoad Transport Legislation Amendment Act 2016 A2016-3 pt 2\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\npt 2 commenced 25 February 2016 (s 2)\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.7\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.7 commenced 2 March 2016 (s 2 (1))\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.14\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.14 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.3\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 21 June 2016 (s 2)\nSupreme Court Amendment Act 2016 A2016-36 s 10\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\ns 10 commenced 23 June 2016 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.10\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.10 commenced 29 June 2016 (s 2)\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.5 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016F\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.5 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nCrimes (Serious and Organised Crime) Legislation Amendment\nAct 2016 A2016-48 pt 3\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\npt 3 commenced 24 August 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.15\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.15 commenced 1 September 2016 (s 2)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.4\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.4 commenced 15 August 2017 (s 2)\nCrimes (Intimate Image Abuse) Amendment Act 2017 A2017-22\nnotified LR 29 August 2017\ns 1, s 2 commenced 29 August 2017 (LA s 75 (1))\nremainder commenced 30 August 2017 (s 2)\n\nCrimes (Food or Drink Spiking) Amendment Act 2017 A2017-31\nnotified LR 28 September 2017\ns 1, s 2 commenced 28 September 2017 (LA s 75 (1))\nremainder commenced 29 September 2017 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 3) A2017-38 pt 8\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 8 commenced 16 November 2017 (s 2 (1))\nCrimes (Police Powers and Firearms Offence) Amendment Act 2017\nnotified LR 7 December 2017\ns 1, s 2 commenced 7 December 2017 (LA s 75 (1))\nss 3-5 commenced 8 December 2017 (s 2 (1))\nremainder commenced 7 March 2018 (s 2 (2))\nCrimes (Fortification Removal) Amendment Act 2018 A2018-5\nnotified LR 1 March 2018\ns 1, s 2 commenced 1 March 2018 (LA s 75 (1))\nremainder commenced 1 September 2018 (s 2 and LA s 79)\nCrimes Legislation Amendment Act 2018 A2018-6 pt 2\nnotified LR 1 March 2018\ns 1, s 2 commenced 1 March 2018 (LA s 75 (1))\npt 2 commenced 2 March 2018 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2018\nA2018-12 pt 3\nnotified LR 18 April 2018\ns 1, s 2 commenced 18 April 2018 (LA s 75 (1))\npt 3 commenced 25 April 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.6\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.6 commenced 23 October 2018 (s 2 (4))\n\nCrimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 3\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\npt 3 commenced 8 November 2018 (s 2)\nSentencing Legislation Amendment Act 2018 A2018-43 sch 1 pt 1.1\nnotified LR 8 November 2018\ns 1, s 2 commenced 8 November 2018 (LA s 75 (1))\nsch 1 pt 1.1 commenced 9 November 2018 (s 2)\nRoyal Commission Criminal Justice Legislation Amendment Act 2018\nA2018-46 pt 2\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\npt 2 commenced 5 December 2018 (s 2)\nRoyal Commission Criminal Justice Legislation Amendment Act 2019\nA2019-6 pt 3\nnotified LR 27 March 2019\ns 1, s 2 commenced 28 March 2019 (LA s 75 (1))\ns 3 commenced 28 March 2019 (LA s 75AA)\npt 3 commenced 1 September 2019 (s 2 (2) and CN2019-15)\nCrimes Legislation Amendment Act 2019 A2019-23 pt 5\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 5 commenced 15 August 2019 (s 2 (1))\nCourts (Fair Work and Work Safety) Legislation Amendment Act 2019\nA2019-32 pt 4\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\ns 3, pt 4 commenced 10 October 2019 (s 2 (1))\nCrimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019\nA2019-43 pt 4\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\ns 3, pt 4 commenced 7 December 2019 (s 2 (1))\n\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.7\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.7 commenced 14 May 2020 (s 2 (1))\nCrimes (Protection of Frontline Community Service Providers)\nAmendment Act 2020 A2020-18\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 March 2020 (LA s 75 (1))\nremainder commenced 10 June 2020 (s 2)\nRoyal Commission Criminal Justice Legislation Amendment Act 2020\nA2020-31 pt 2\nnotified LR 29 July 2020\ns 1, s 2 commenced 29 July 2020 (LA s 75 (1))\npt 2 commenced 1 September 2020 (s 2 and CN2020-17)\nCrimes (Offences Against Vulnerable People) Legislation\nAmendment Act 2020 A2020-41 pt 2\nnotified LR 20 August 2020\ns 1, s 2 commenced 20 August 2020 (LA s 75 (1))\npt 2 commenced 20 April 2021 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.5\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.5 commenced 20 February 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 7\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 7 commenced 26 February 2021 (s 2 (1))\nWork Health and Safety Amendment Act 2021 A2021-19 sch 1 pt 1.2\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\nsch 1 pt 1.2 commenced 11 November 2021 (s 2)\n\nCrimes (Stealthing) Amendment Act 2021 A2021-23\nnotified LR 13 October 2021\ns 1, s 2 commenced 13 October 2021 (LA s 75 (1))\nremainder commenced 14 October 2021 (s 2)\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 6\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 6 commenced 14 October 2021 (s 2 (1))\nCrimes (Consent) Amendment Act 2022 A2022-7\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\nremainder commenced 12 May 2022 (s 2)\nEducation Amendment Act 2022 A2022-10 sch 1 pt 1.3\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\nsch 1 pt 1.3 commenced 20 December 2022 (s 2)\nFamily Violence Legislation Amendment Act 2022 A2022-13 pt 2\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\npt 2 commenced 17 August 2022 (s 2)\nSexual Assault Reform Legislation Amendment Act 2023 A2023-15\npt 3, sch 2 pt 2.1\nnotified LR 17 May 2023\ns 1, s 2 commenced 17 May 2023 (LA s 75 (1))\npt 3, sch 2 pt 2.1 commenced 24 May 2023 (s 2)\nCrimes Legislation Amendment Act 2023 A2023-33 pt 2, sch 1 pt 1.2\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\npt 2, sch 1 pt 1.2 commenced 13 September 2023 (s 2)\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.3\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.3 commenced 30 September 2023 (s 2)\n\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 3\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nss 42-57, s 59, s 61 commenced 22 November 2023 (s 2 (1))\npt 3 remainder commenced 1 July 2025 (s 2 (3))\nCrimes Legislation Amendment Act 2024 A2024-12 pt 4\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 4 commenced 26 April 2024 (s 2 (1))\nCrimes Legislation Amendment Act 2024 (No 2) A2024-16 pt 3\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 3 commenced 26 April 2024 (s 2)\nEducation and Care Services National Law (ACT) Amendment\nAct 2024 A2024-33 sch 1 pt 1.2\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.2 commenced 11 July 2024 (s 2 (1))\nSexual, Family and Personal Violence Legislation Amendment\nAct 2024 A2024-40 pt 3, sch 1 pt 1.2\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\npt 3, sch 1 pt 1.2 commenced 19 September 2024 (s 2)\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 6\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 6 commenced 19 October 2024 (s 2 (2) and see Crimes Legislation\nAmendment Act 2024 A2024-12 s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2025\n(No 2) A2025-3 sch 1 pt 1.1\nnotified LR 14 March 2025\ns 1, s 2 commenced 14 March 2025 (LA s 75 (1))\nsch 1 pt 1.1 commenced 21 March 2025 (s 2)\n\nCrimes Legislation Amendment Act 2025 A2025-9 pt 2\nnotified LR 17 April 2025\ns 1, s 2 commenced 17 April 2025 (LA s 75 (1))\npt 2 commenced 1 July 2025 (s 2 and see Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023 A2023-45 s 2 (3))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.23, sch 4\npt 4.45\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.23, sch 4 pt 4.45 commenced 16 November 2025 (s 2 (1),\n(9))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 3\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 3 commenced 23 February 2026 (s 2)\n\npt 1 hdg am A2001-8 amdt 1.1\nhdg before s 1 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nName of Act\ns 1 am Ord1951-14 s 4; Ord1968-4 s 4; Ord1971-2 s 4;\nOrd1974-17 s 3\nsub Ord1983-27 s 4\nam A1992-6 s 4\nsub A2001-8 amdt 1.2\nApplication of Act\ns 2 orig s 2 am Ord1983-27 sch 2\nom A2001-8 amdt 1.2\npres s 2 (prev s 3) am Ord1985-44 s 4\nTerritorial application of Territory criminal law\ns 3 orig s 3 renum as s 2\nprev s 3 (prev s 3A) ins A1995-2 s 4\nom A2002-51 amdt 1.8\nTerritorial application of the criminal law of the territory\ns 3A renum as s 3\nhdg before s 4 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\ns 4 orig s 4 am Ord1983-55 s 3; Ord1985-44 s 5\ndefs reloc to dict A2001-8 amdt 1.4\nom A2001-8 amdt 1.5\nam A2017-21 amdt 1.7\ndef bail undertaking ins A1992-9 s 5\ndef banker reloc to dict A2001-8 amdt 1.4\ndef burglary ins Ord1983-27 s 5 (as am Ord1983-45 s 3)\ndef cattle am Ord1983-55 s 3\ndef child reloc to dict A2001-8 amdt 1.4\ndef counsel om A1997-96 sch 1\ndef court and judge om A2001-8 amdt 1.3\ndef de facto spouse reloc to dict A2001-8 amdt 1.4\n\ndef Director of Public Prosecutions ins Ord1990-5 sch 2\ndef document of title to goods reloc to dict A2001-8\ndef domestic violence offence ins A1997-23 s 4\nam A1999-79 sch 3\ndef drug am Ord1990-5 sch 2\ndef dwelling-house sub Ord1983-27 s 5\ndef governor om Ord1983-55 s 3\ndef grievous bodily harm reloc to dict A2001-8 amdt 1.4\ndef household member reloc to dict A2001-8 amdt 1.4\ndef indictment reloc to dict A2001-8 amdt 1.4\ndef judge om A2001-8 amdt 1.3\ndef Justice om Ord1983-27 s 5\ndef knife reloc to dict A2001-8 amdt 1.4\ndef law of the Territory ins Ord1971-2 s 5\nom A2001-8 amdt 1.3\ndef loaded arms reloc to dict A2001-8 amdt 1.4\ndef medical practitioner reloc to dict A2001-8 amdt 1.4\ndef money om Ord1985-44 s 5\ndef motor vehicle reloc to dict A2001-8 amdt 1.4\ndef night om Ord1985-44 s 5\ndef offensive weapon reloc to dict A2001-8 amdt 1.4\ndef officer reloc to dict A2001-8 amdt 1.4\ndef person om A2001-8 amdt 1.3\ndef place of divine worship om Ord1985-44 s 5\ndef property om Ord1985-44 s 5\ndef property belonging to a vessel om Ord1985-44 s 5\ndef railway om Ord1983-55 s 3\ndef relative reloc to dict A2001-8 amdt 1.4\ndef school reloc to dict A2001-8 amdt 1.4\ndef spouse reloc to dict A2001-8 amdt 1.4\ndef telegraph reloc to dict A2001-8 amdt 1.4\ndef the Crimes Act ins Ord1971-2 s 5\nam Ord1990-5 sch 2\nom A1995-2 s 5\ndef trustee reloc to dict A2001-8 amdt 1.4\ndef Trust Fund reloc to dict A2001-8 amdt 1.4\ndef valuable security om Ord1985-44 s 5\ndef vessel reloc to dict A2001-8 amdt 1.4\ndef weapon and weapon or instrument ins Ord1983-55 s 3\nom A2001-8 amdt 1.3\ndef X-film ins A1991-120 s 3\nom A1992-23 sch 1\n\nMeaning of loaded arms\ns 5 om Ord1990-2 s 4\nReference to the jury read as reference to magistrate\ns 6 om Ord1985-44 sch\nNotes\ns 7 am Ord1983-27 sch 2\nOffences against Act—application of Criminal Code etc\ns 7A ins A2003-8 amdt 1.2\nam A2003-55 s 4; A2004-15 amdt 3.6; A2004-30 s 4; A2006-1\namdt 1.1; A2008-6 s 7; A2011-52 amdt 3.59; A2015-3 s 6;\nA2015-35 amdt 1.1; A2016-37 amdt 1.24; A2017-22 s 4;\nA2017-31 s 4; A2017-45 s 4; A2018-5 s 4; A2020-18 s 4;\nA2020-41 s 4; A2021-19 amdt 1.3; A2025-3 amdt 1.1,\namdt 1.2\nAbolition of distinctions between felony and misdemeanour\ns 9 am Ord1968-4 s 5\nsub Ord1978-45 s 3; Ord1983-27 s 6\nMeaning of aggravated offence—pt 2\ns 9A ins A2022-13 s 4\nam A2026-4 s 5\nOffences against the person\npt 2 hdg orig pt 2 hdg om Ord1968-4 s 7\npres pt 2 hdg (prev pt 3 hdg) sub Ord1990-2 s 5\nWhen child born alive\ns 10 am Ord1968-4 s 6; Ord1978-45 s 4\nTreason—Felony\nhdg before s 11 om Ord1968-4 s 7\nNo time limit on criminal responsibility for homicide\ns 11 om Ord1968-4 s 7\nsub A1995-2 s 6\nMurder\ns 12 om Ord1968-4 s 7\nam A2009-32 s 4, s 5\n\nTrial for murder—provocation\ns 13 om Ord1968-4 s 7\nam A2004-2 amdt 2.1; ss renum R26 LA (see A2004-2\namdt 2.2); A2021-3 s 12, s 13\nTrial for murder—diminished responsibility\ns 14 om Ord1968-4 s 7\nManslaughter\ns 15 om Ord1968-4 s 7\nam A2006-5 s 4; A2011-50 s 4; A2022-13 s 5; A2026-4 s 6\nSuicide etc—not an offence\ns 16 om Ord1968-4 s 7\nHomicide\nhdg before s 17 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSuicide—aiding etc\ns 17 om Ord1983-27 sch 3\nPrevention of suicide\ns 18 am Ord1983-27 s 7\nIntentionally inflicting grievous bodily harm\ns 19 am Ord1983-27 s 8\nam A2006-5 s 5, s 6; A2011-50 s 5, s 6; A2022-13 s 5;\nRecklessly inflicting grievous bodily harm\ns 20 sub Ord1990-2 s 5\nam A2006-5 s 7, s 8; A2011-50 s 7, s 8; A2022-13 s 5;\nWounding\ns 21 am Ord1983-27 sch 1\nam A2006-5 s 9, s 10; A2022-13 s 5; A2026-4 s 6\nAssault with intent to commit other offence\ns 22 hdg sub A2008-44 amdt 1.15\ns 22 sub Ord1990-2 s 5\n\nInflicting actual bodily harm\ns 23 sub Ord1990-2 s 5\nam A2006-5 s 11, s 12; A2022-13 s 5; A2026-4 s 6\nAssault occasioning actual bodily harm\ns 24 am Ord1983-27 s 9\nam A2002-49 amdt 3.5; A2006-5 s 13, s 14; A2022-13 s 5;\nCausing grievous bodily harm\ns 25 am Ord1983-27 sch 2\nam A2011-50 s 9\nConspiracy to murder\nhdg before s 26 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nCommon assault\ns 26 am Ord1983-27 sch 1\nom Ord1988-75 s 4\nam A2022-13 s 6\nAssault of frontline community service provider\ns 26A ins A2004-32 s 72\nom A2008-44 amdt 1.16\nins A2020-18 s 5\nAssault of frontline community service provider—alternative verdict\ns 26B ins A2020-18 s 5\nAttempts to murder\nhdg before s 27 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nActs endangering life etc\ns 27 am Ord1968-4 s 8\nam A1999-79 s 5 sch 3; A2002-49 amdt 3.6; A2019-23 s 24;\nA2022-13 s 7\nActs endangering health etc\ns 28 am Ord1968-4 s 9\nam A2002-49 amdt 3.7; A2015-40 s 4; pars renum R96 LA;\nA2019-23 s 25; A2022-13 s 8\nFood or drink spiking\ns 28AA ins A2017-31 s 5\n\nThrowing etc objects at vehicles\ns 28A ins A2016-37 amdt 1.25\nam A2017-21 amdt 1.8, amdt 1.9\nDischarging firearm at building or conveyance\ns 28B ins A2017-45 s 5\nCulpable driving of motor vehicle\ns 29 am Ord1983-27 sch 1\nam Ord1990-5 sch 2; A1999-79 sch 3; A2006-5 s 15, s 16;\nss renum A2006-5 s 17; A2011-50 ss 10-13; A2022-13 s 9;\nDriving motor vehicle at police\ns 29A ins A2020-18 s 6\nDamaging police vehicle\ns 29B ins A2020-18 s 6\nThreat to kill\ns 30 am Ord1983-27 sch 1\nom Ord1988-75 s 4\nam A2022-13 s 10\nLetters threatening to murder\nhdg before s 31 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nThreat to inflict grievous bodily harm\ns 31 am Ord1983-27 sch 1\nam A2022-13 s 11\nActs causing danger to life or bodily harm\nhdg before s 32 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDemands accompanied by threats\ns 32 am Ord1983-27 sch 1\nam A2022-13 s 12, s 13\nPossession of object with intent to kill etc\ns 33 am Ord1983-27 sch 1\nDischarging loaded arms with intent\ns 33A ins Ord1983-27 s 10\n\nUse of weapon to resist arrest etc\ns 33B ins Ord1983-27 s 10\nForcible confinement\ns 34 am Ord1983-55 s 4\nStalking etc\ns 34A renum as s 35\nStalking\ns 35 orig s 35 renum as s 36\npres s 35 (prev s 34A) ins A1996-36 s 4\nsub A2000-85 s 5\nam A2001-75 s 4; LA R8 (see A2001-75 s 5)\nam A2022-13 s 14\nAffray\ns 35A ins A2010-25 s 4\nsub A2013-12 s 4\nam A2019-43 s 9\nAffray—alternative verdicts\ns 35AA ins A2019-43 s 10\nReview—affray provisions\ns 35AB ins A2019-43 s 10\nexp 7 December 2024 (s 35AB (3))\nTorture\ns 36 orig s 36 om Ord1983-55 s 5\nprev s 36 renum as s 37\npres s 36 (prev s 35) am Ord1983-27 sch 1\nam A1994-38 sch 1 pt 21\nAbuse of vulnerable person\ns 36A ins A2020-41 s 5\nFailure to protect vulnerable person from criminal offence\ns 36B ins A2020-41 s 5\nNeglect of vulnerable person\ns 36C ins A2020-41 s 5\nAbduction of young person\ns 37 orig s 37 renum as s 38\npres s 37 (prev s 36) ins Ord1990-2 s 5\n\nNeglect etc of children\ns 37A renum as s 39\nKidnapping\ns 38 orig s 38 renum as s 40\npres s 38 (prev s 37) am Ord1983-27 sch 1\nNeglect etc of children\ns 39 orig s 39 renum as s 41\npres s 39 (prev s 37A) ins A1999-64 sch 2\nam A2008-20 amdts 4.18-4.20; A2011-22 amdt 1.119\nUnlawfully taking child etc\ns 40 orig s 40 renum as s 42\npres s 40 (prev s 38) am Ord1983-27 sch 1\nExposing or abandoning child\ns 41 orig s 41 renum as s 43\npres s 41 (prev s 39) am Ord1983-27 sch 1\nam A2002-49 amdt 3.8\nChild destruction\ns 42 orig s 42 renum as s 44\npres s 42 (prev s 40) sub Ord1990-2 s 5\nChildbirth—grievous bodily harm\ns 43 orig s 43 renum as s 45\npres s 43 (prev s 41) am Ord1983-27 sch 1\nAbortion—abolition of common law offence\ns 44 orig s 44 am Ord1983-27 sch 1\nom Ord1988-44 s 3\nprev s 44 renum as s 46\nprev s 44 (prev s 42) am Ord1983-27 sch 1\nsub A2002-24 s 3\nexp 9 December 2002 (s 44 (2))\n\nProcuring another’s miscarriage\ns 45 orig s 45 om Ord1988-44 s 3\nprev s 45 renum as s 47\nprev s 45 (prev s 43) am Ord1983-27 sch 1\nom A2002-24 s 3\nProcuring drugs etc to procure miscarriage\ns 46 orig s 46 renum as s 48\nprev s 46 (prev s 44) ins Ord1990-2 s 5\nom A2002-24 s 3\nConcealment of birth\ns 47 orig s 47 renum as s 49\npres s 47 (prev s 45) ins Ord1990-2 s 5\nMisconduct with regard to corpses\ns 48 orig s 48 am Ord1983-27 sch 1\npres s 48 (prev s 46) am Ord1983-27 sch 1\nAggravated offences—pt 2 offences against pregnant person\ns 48A hdg sub A2022-13 s 15; A2026-4 s 7\ns 48A ins A2006-5 s 18\nam A2022-13 s 16; A2026-4 s 7\nAlternative verdicts for aggravated offences—pt 2 offences against pregnant\ns 48B hdg sub A2022-13 s 17; A2026-4 s 9\ns 48B ins A2006-5 s 18\nam A2015-30 s 4; A2022-13 ss 18-21; ss, items renum\nR137 LA\nAggravated offences—pt 2 offences involving family violence\ns 48C ins A2022-13 s 22\ns 48D ins A2022-13 s 22\nAlternative verdicts for certain other offences against the person\ns 49 hdg sub A2002-49 amdt 3.9; A2006-5 s 19\ns 49 orig s 49 om Ord1990-2 s 5\npres s 49 (prev s 47) am Ord1983-27 sch 1\nam A1992-23 sch 1\n\nitems renum R24 LA\nam A2008-44 amdt 1.17; A2015-30 s 5; A2015-40 s 5, s 6;\nitems renum R96 LA; A2022-13 s 23\nIndustrial manslaughter\npt 2A hdg ins A2003-55 s 5\nDefinitions for pt 2A\ns 49A ins A2003-55 s 5\ndef agent ins A2003-55 s 5\ndef causes ins A2003-55 s 5\ndef commissioner for OH&S ins A2003-55 s 5\nom A2007-37 amdt 2.1\ndef conduct ins A2003-55 s 5\ndef death ins A2003-55 s 5\ndef employee ins A2003-55 s 5\ndef employer ins A2003-55 s 5\ndef government ins A2003-55 s 5\ndef government entity ins A2003-55 s 5\ndef independent contractor ins A2003-55 s 5\ndef officer ins A2003-55 s 5\ndef outworker ins A2003-55 s 5\ndef provide services ins A2003-55 s 5\ndef senior officer ins A2003-55 s 5\nam A2005-44 amdt 1.2; A2011-22 amdt 1.120; A2016-52\namdt 1.51\ndef serious harm ins A2003-55 s 5\ndef volunteer ins A2003-55 s 5\ndef worker ins A2003-55 s 5\n\nOmissions of employers and senior officers\ns 49B ins A2003-55 s 5\nIndustrial manslaughter—employer offence\ns 49C ins A2003-55 s 5\nIndustrial manslaughter—senior officer offence\ns 49D ins A2003-55 s 5\nCourt may order corporation to take certain actions\ns 49E ins A2003-55 s 5\nam A2007-37 amdt 2.2, amdt 2.3; A2009-28 amdt 2.6;\nA2011-22 amdt 1.119; A2011-55 amdt 1.6; A2017-38 s 24\nSexual offences\npt 3 hdg orig pt 3 hdg renum as pt 2 hdg\npres pt 3 hdg (prev pt 3A hdg) ins Ord1985-62 s 4\nObjects—pt 3\ns 50A ins A2022-7 s 4\nMeaning of consent—pt 3\ns 50B ins A2022-7 s 4\nMeaning of sexual act—pt 3\ns 50C ins A2022-7 s 4\nam A2023-15 s 5, s 6\nDefinitions—pt 3\ns 50 hdg sub A2022-13 s 24\ns 50 orig s 50 am Ord1983-27 sch 1\npres s 50 (prev s 92) ins Ord1985-62 s 4\nam A2011-7 s 4; A2013-12 ss 5-8; pars renum R83 LA;\nA2022-13 s 25\nSexual assault in the first degree\ns 51 orig s 51 am Ord1983-27 sch 1\npres s 51 (prev s 92A) ins Ord1985-62 s 4\nam A2022-13 s 26, s 27; ss renum R137 LA\nSexual assault in the second degree\ns 52 orig s 52 om Ord1990-2 s 5\npres s 52 (prev s 92B) ins Ord1985-62 s 4\n\nam A2022-13 s 28, s 29; ss renum R137 LA\nCulpable driving\ns 52A ins Ord1963-11 s 4\nsub Ord1979-1 s 3\nSexual assault in the third degree\ns 53 orig s 53 om Ord1990-2 s 5\npres s 53 (prev s 92C) ins Ord1985-62 s 4\nam A2022-13 s 30, s 31; ss renum R137 LA\nSexual intercourse without consent\ns 54 orig s 54 om Ord1990-2 s 5\npres s 54 (prev s 92D) ins Ord1985-62 s 4\nam A2008-29 amdts 1.11-1.13\nam A2022-13 s 32, s 33; ss renum R137 LA\nPossessing or making explosives etc with intent to injure the person\nhdg before s 55 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSexual intercourse with young person\ns 55 orig s 55 am Ord1983-27 sch 1, sch 2\npres s 55 (prev s 92E) ins Ord1985-62 s 4\nam A1995-2 s 7\nam A2022-13 s 34, s 35; ss renum R137 LA\nSexual intercourse with young person under special care\ns 55A ins A2013-12 s 9\nam A2015-29 amdts 2.26-2.28; A2020-31 s 4, s 5\nAssaults upon clergymen, officers, and others\nhdg before s 56 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPersistent sexual abuse of child or young person under special care\ns 56 hdg sub A2022-13 s 36\ns 56 orig s 56 om Ord1990-2 s 5\npres s 56 (prev s 92EA) ins A1991-90 s 3\nam A1993-73 s 4\nam A2002-49 amdt 3.10\nsub A2018-6 s 4\nam A2018-46 s 4, s 5\nsub A2020-31 s 6\nam A2024-49 s 13, s 14\n\nAct of indecency in the first degree\ns 57 orig s 57 am Ord1983-27 sch 1\npres s 57 (prev s 92F) ins Ord1985-62 s 4\nam A2022-13 s 37\nAct of indecency in the second degree\ns 58 orig s 58 am Ord1983-27 sch 2\npres s 58 (prev s 92G) ins Ord1985-62 s 4\nam A2022-13 s 38\nAct of indecency in the third degree\ns 59 orig s 59 am Ord1983-27 sch 1\npres s 59 (prev s 92H) ins Ord1985-62 s 4\nam A2022-13 s 39\nAct of indecency without consent\ns 60 orig s 60 om Ord1983-27 sch 3\npres s 60 (prev s 92J) ins Ord1985-62 s 4\nam A2011-7 ss 5-7; A2011-20 s 4, s 5; A2022-13 s 40, s 41;\nss renum R137 LA\nCommon assaults\nhdg before s 61 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nActs of indecency with young people\ns 61 orig s 61 am Ord1974-17 s 4\npres s 61 (prev s 92K) ins Ord1985-62 s 4\nam A1995-2 s 8\nam A2022-13 s 42, s 43; ss renum R137 LA\nAct of indecency with young person under special care\ns 61A ins A2013-12 s 10\nam A2015-29 amdts 2.29-2.31; A2020-31 ss 7-9; ss renum\nR129 LA\nIntimate observations or capturing visual data etc\ns 61B ins A2015-3 s 7\nam A2022-13 s 44, s 45\nRape and similar offences\nhdg before s 62 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nIncest and similar offences\ns 62 orig s 62 om Ord1985-62 s 7\npres s 62 (prev s 92L) ins Ord1985-62 s 4\nam Ord1986-27 s 3 (as am by Ord1986-37 s 3); Ord1990-5\nsch 2; A1995-2 s 9; A2001-63 s 43\nam A2002-49 amdt 3.11, amdt 3.12\ns 63 orig s 63 am Ord1968-4 s 10\npres s 63 (prev s 92M) ins Ord1985-62 s 4\nam A2022-13 s 46\nBestiality\ns 63A ins A2011-7 s 8\nUsing child for production of child exploitation material etc\ns 64 hdg sub A2015-35 amdt 1.2\ns 64 orig s 64 sub Ord1951-14 s 5\npres s 64 (prev s 92NA) ins Ord1987-3 s 3\nsub A2004-30 s 5\nam A2015-35 amdts 1.3-1.5; A2022-13 s 47, s 48\nTrading in child exploitation material\ns 64A hdg sub A2015-35 amdt 1.6\ns 64A ins A2004-30 s 5\nam A2015-35 amdt 1.7, amdt 1.8; A2022-13 s 49\nPossessing child pornography\ns 65 hdg sub A2015-35 amdt 1.9\ns 65 orig s 65 am Ord1983-27 sch 1\npres s 65 (prev s 92NB) ins A1991-120 s 4\nsub A2004-30 s 5\nam A2011-20 s 6\nam A2015-35 amdt 1.10, amdt 1.11; A2018-6 s 5; A2022-13\ns 50\nGrooming and depraving young people\ns 66 hdg sub A2018-6 s 6\ns 66 orig s 66 am Ord1983-27 sch 1\npres s 66 (prev s 92NC) ins A2001-75 s 6\n\nam A2002-49 amdt 3.13; A2011-20 ss 7-9; A2018-6 ss 7-11;\nss renum R114 LA; A2022-13 s 51, s 52\nFailure to report child sexual offence\ns 66AA ins A2019-6 s 7\nam A2022-13 s 53; A2025-29 amdt 3.65\nMaking false report about child sexual offence\ns 66AB ins A2019-6 s 7\nam A2022-13 s 54\nFailure by person in authority to protect child or young person from sexual\ns 66A ins A2018-46 s 6\nam A2020-31 s 10, s 11; pars renum R129 LA; A2022-13 s 55;\nA2024-33 amdt 1.3\nCourse of conduct charge—child sexual offences\ns 66B ins A2018-46 s 6\nWhen a person does not consent to an act\ns 67 orig s 67 am Ord1968-4 s 11\npres s 67 (prev s 92P) ins Ord1985-62 s 4\nam A2021-23 s 4; pars renum R134 LA\nsub A2022-7 s 5\nam A2023-15 s 7\nWords, actions and self-induced intoxication of accused person\ns 67A ins A2023-15 s 8\nSexual intercourse—people not to be presumed incapable by reason of age\ns 68 orig s 68 am Ord1983-27 sch 1\npres s 68 (prev s 92Q) ins Ord1985-62 s 4\nam A2019-6 s 8\nMarriage no bar to conviction\ns 69 orig s 69 sub Ord1951-14 s 6\npres s 69 (prev s 92R) ins Ord1985-62 s 4\nAlternative verdicts for certain sexual offences\ns 70 hdg sub A2002-49 amdt 3.14\ns 70 orig s 70 sub Ord1951-14 s 6\nam Ord1984-78 s 4\npres s 70 (prev s 92S) ins Ord1985-62 s 4\n\nam Ord1990-2 s 6; A1995-2 s 10\nam A2013-12 s 11\nAdding count for act of indecency\ns 71 orig s 71 sub Ord1951-14 s 6\npres s 71 (prev s 92T) ins Ord1985-62 s 4\nIndictment for act of indecency\ns 72 orig s 72 sub Ord1951-14 s 6\npres s 72 (prev s 92U) ins Ord1985-62 s 4\nam A2013-12 s 12\nAggravated offences—pt 3 offences involving family violence\ns 72AA ins A2022-13 s 56\ns 72AB ins A2022-13 s 56\nIntimate image abuse\npt 3A hdg orig pt 3A hdg renum as pt 3 hdg\npres pt 3A hdg ins A2017-22 s 5\nDefinitions—pt 3A\ns 72A ins Ord1951-14 s 6\nins A2017-22 s 5\ndef aggravated offence ins A2022-13 s 57\ndef breasts ins A2017-22 s 5\ndef engaged in a private act ins A2017-22 s 5\ndef genital or anal region ins A2017-22 s 5\ndef intimate image ins A2017-22 s 5\nMeaning of distribute—pt 3A\ns 72B ins A2017-22 s 5\nNon-consensual distribution of intimate images\ns 72C ins A2017-22 s 5\nam A2022-13 s 58\nDistribution of intimate image of young person\ns 72D ins A2017-22 s 5\nam A2022-13 s 59\n\nThreaten to capture or distribute intimate images\ns 72E ins A2017-22 s 5\nam A2022-13 s 60\nAggravated offences—pt 3A offences involving family violence\ns 72EA ins A2022-13 s 61\ns 72EB ins A2022-13 s 61\nConsent—pt 3A\ns 72F ins A2017-22 s 5\nam A2022-7 s 6\nExceptions for reasonable distribution\ns 72G ins A2017-22 s 5\nCourt may order rectification\ns 72H ins A2017-22 s 5\nFemale genital mutilation\npt 3B hdg renum as pt 4 hdg\nSexual servitude\npt 3C hdg renum as pt 5 hdg\nFemale genital mutilation\npt 4 hdg orig pt 4 hdg renum as pt 6 hdg\npres pt 4 hdg (prev pt 3B hdg) ins A1995-50 s 5\nStealing and like offences\npt 4 ch 1 hdg om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\npt 4 div 1 hdg renum as div 6.1 hdg\nMalicious injuries to property\npt 4 ch 2 hdg om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nTheft and related offences\npt 4 div 2 hdg renum as div 6.2 hdg\nCriminal damage to property\npt 4 div 3 hdg renum as div 6.3 hdg\nForgery and the use of forged instruments\npt 4 div 3A hdg renum as div 6.4 hdg\npt 4 div 3B hdg renum as div 6.5 hdg\n\nContamination of goods and related offences\npt 4 div 3C hdg renum as div 6.6 hdg\npt 4 div 4 hdg renum as div 6.7 hdg\npt 4 div 5 hdg ins A1990-66 s 4\nom A1992-23 sch 1\nMeaning of female genital mutilation for pt 4\ns 73 orig s 73 sub Ord1951-14 s 6\npres s 73 (prev s 92V) ins A1995-50 s 5\nProhibition of female genital mutilation\ns 74 orig s 74 sub Ord1951-14 s 6\npres s 74 (prev s 92W) ins A1995-50 s 5\nRemoval of child from ACT for genital mutilation\ns 75 orig s 75 sub Ord1951-14 s 6\npres s 75 (prev s 92X) ins A1995-50 s 5\nException—medical procedures for genuine therapeutic purposes\ns 76 orig s 76 sub Ord1951-14 s 6\npres s 76 (prev s 92Y) ins A1995-50 s 5\nam A2002-49 amdt 3.15, amdt 3.16; A2004-39 amdt 6.3;\nA2006-46 amdt 2.4\nException—sexual reassignment procedures\ns 77 orig s 77 sub Ord1951-14 s 6\npres s 77 (prev s 92Z) ins A1995-50 s 5\nConsent no defence in certain cases\ns 77A ins Ord1951-14 s 6\nSexual servitude\npt 5 hdg orig pt 5 hdg om Ord1986-15 s 6\n\nins A1991-78 s 4\nrenum as pt 7 hdg\npres pt 5 hdg (prev pt 3C hdg) ins A2001-8 s 4\nMeaning of sexual servitude and sexual services for pt 5\ns 78 hdg sub A2002-49 amdt 3.17\ns 78 orig s 78 sub Ord1951-14 s 6\npres s 78 (prev s 92ZA) ins A2001-8 s 4\nIncest by male\ns 78A ins Ord1951-14 s 6\nIncest by male, attempts\ns 78B ins Ord1951-14 s 6\nIncest by female\ns 78C ins Ord1951-14 s 6\nDefences\ns 78D ins Ord1951-14 s 6\nRemoval from guardianship etc\ns 78E ins Ord1951-14 s 6\nRape or attempt—verdict of incest or attempt\ns 78F ins Ord1951-14 s 6\nSanction of Attorney-General\ns 78G ins Ord1951-14 s 6\nUnnatural offences\nhdg before s 79 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSexual servitude offences\ns 79 orig s 79 am Ord1983-27 sch 1\npres s 79 (prev s 92ZB) ins A2001-8 s 4\nam A2022-13 s 62, s 63\n\nDeceptive recruiting for sexual services\ns 80 orig s 80 am Ord1983-27 sch 1\npres s 80 (prev s 92ZC) ins A2001-8 s 4\nam A2022-13 s 64\nSexual servitude offence etc against person younger than 18 years—charges\nand proof\ns 81 orig s 81 am Ord1983-27 sch 1\npres s 80 (prev s 92ZD) ins A2001-8 s 4\nsub A2022-13 s 65\nAttempts to procure abortion\nhdg before s 82 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAlternative verdicts—sexual servitude offence etc\ns 82 orig s 82 am Ord1983-27 sch 1\npres s 82 (prev s 92ZE) ins A2001-8 s 4\nsub A2022-13 s 65\nDefinitions for pt 6\ns 83 orig s 83 am Ord1983-27 sch 1\nprev s 83 (prev s 93) ins Ord1983-27 s 11\ndef blackmail ins Ord1985-44 s 6\ndef burglary ins Ord1985-44 s 6\ndef deception ins Ord1985-44 s 6\ndef explosive ins Ord1985-44 s 6\ndef firearm ins Ord1985-44 s 6\ndef gain ins Ord1985-44 s 6\ndef handling ins Ord1985-44 s 6\ndef imitation explosive ins Ord1985-44 s 6\n\ndef imitation firearm ins Ord1985-44 s 6\ndef instrument ins Ord1986-15 s 4\ndef loss ins Ord1985-44 s 6\ndef offensive weapon ins Ord1985-44 s 6\nom A2001-8 amdt 1.7\ndef property ins Ord1985-44 s 6\ndef robbery ins Ord1985-44 s 6\ndef theft ins Ord1985-44 s 6\nStealing—interpretation\ns 84 orig s 84 am Ord1983-27 sch 1\nprev s 84 (prev s 94) am Ord1983-27 sch 1\nConcealing birth of a child\nhdg before s 85 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nProperty belonging to another—interpretation\ns 85 orig s 85 sub Ord1951-14 s 7\nprev s 85 (prev s 95) am Ord1983-27 sch 1\nhdg before s 86 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAppropriation and dishonest appropriation—interpretation\ns 86 orig s 86 am Ord1983-27 sch 1\nprev s 86 (prev s 96) am Ord1983-27 sch 1; Ord1983-55 s 8\n\nIntention to deprive permanently—interpretation\ns 87 orig s 87 am Ord1983-27 sch 1\nprev s 87 (prev s 97) am Ord1983-27 sch 1\nStolen property—interpretation\ns 88 orig s 88 om Ord1985-62 s 7\nprev s 88 (prev s 98) am Ord1983-27 sch 1\nam Ord1986-27 s 4; Ord1987-3 s 4\nTheft\ns 89 orig s 89 am Ord1983-27 sch 1\nprev s 89 (prev s 99) am Ord1983-27 sch 1\nMinor theft\ns 90 orig s 90 sub Ord1985-62 s 3\nprev s 90 (prev s 99A) ins A1995-49 s 4\nKidnapping\ns 90A ins Ord1963-11 s 5\nRobbery\ns 91 orig s 91 am Ord1983-27 sch 1\nprev s 91 (prev s 100) am Ord1983-27 sch 1\nProcuring etc female under 21\ns 91A ins Ord1951-14 s 8\nam Ord1970-40 s 3; Ord1983-27 sch 1\n\nProcuring female by drugs\ns 91B ins Ord1951-14 s 8\nam Ord1970-40 s 4; Ord1983-27 sch 1\nMale living on earnings of prostitution\ns 91C ins Ord1951-14 s 8\nEmployment etc in brothel of girl under 18\ns 91D ins Ord1951-14 s 8\nBigamy\nhdg before s 92 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nArmed robbery\ns 92 orig s 92 om Ord1971-2 s 8\nprev s 92 renum as s 50\nprev s 92 (prev s 101) am Ord1983-27 sch 1; Ord1983-55 sch\nSexual assault in the first degree\ns 92A renum as s 51\nSexual assault in the second degree\ns 92B renum as s 52\nSexual assault in the third degree\ns 92C renum as s 53\nSexual intercourse without consent\ns 92D renum as 54\nSexual intercourse with young person\ns 92E renum as s 55\nMaintaining a sexual relationship with a young person\ns 92EA renum as s 56\nAct of indecency in the first degree\ns 92F renum as s 57\nAct of indecency in the second degree\ns 92G renum as s 58\nAct of indecency in the third degree\ns 92H renum as s 59\n\nActs of indecency without consent\ns 92J renum as s 60\nActs of indecency with young persons\ns 92K renum as s 61\nIncest and similar offences\ns 92L renum as s 62\ns 92M renum as s 63\nEmployment of young person for prostitution\ns 92N ins Ord1985-62 s 4\nom A1992-65 s 4\nEmployment of young persons for pornographic purposes\ns 92NA renum as s 64\nPossession of child pornography\ns 92NB renum as s 65\nUsing the internet etc to deprave young people\ns 92NC renum as s 66\nConsent\ns 92P renum as s 67\nSexual intercourse—persons not to be presumed incapable by reason of age\ns 92Q renum as s 68\nMarriage no bar to conviction\ns 92R renum as s 69\ns 92S renum as s 70\nAdding count for act of indecency\ns 92T renum as s 71\nIndictment for act of indecency\ns 92U renum as s 72\ns 92V renum as s 73\nProhibition of female genital mutilation\ns 92W renum as s 74\nRemoval of child from Territory for genital mutilation\ns 92X renum as s 75\nException—medical procedures for genuine therapeutic purposes\ns 92Y renum as s 76\n\nException—sexual reassignment procedures\ns 92Z renum as s 77\nDefinitions of sexual servitude and sexual services\ns 92ZA renum as s 78\nSexual servitude offences\ns 92ZB renum as s 79\nDeceptive recruiting for sexual services\ns 92ZC renum as s 80\nIncreased penalty for aggravated offences\ns 92ZD renum as s 81\nAlternative verdict if aggravated offence not proven\ns 92ZE renum as s 82\nBurglary\ns 93 orig s 93 om Ord1971-2 s 8\nprev s 93 renum as s 83\nprev s 93 (prev s 102) am Ord1983-27 sch 1; Ord1983-55 sch\nsub Ord1985-44 s 6; A2001-63 s 12\nDelivery of stolen goods held by dealers\ns 93A ins Ord1983-55 s 6\nDisposal of stolen goods etc\ns 93B ins Ord1983-55 s 6\nRobbery\nhdg before s 94 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAggravated burglary\ns 94 orig s 94 renum as s 84\nprev s 94 (prev s 103) am Ord1983-27 sch 1; Ord1983-55 sch\nObtaining financial advantage by deception\ns 95 orig s 95 renum as s 85\nprev s 95 (prev s 104) ins Ord1985-44 s 6\n\nRobbery—threat of violence to third person\ns 95A ins Ord1983-55 s 7\nObtaining service by deception\ns 96 orig s 96 renum as s 86\nprev s 96 (prev s 105) sub Ord1985-44 s 6\nEvasion of liability by deception\ns 97 orig s 97 renum as s 87\nprev s 97 (prev s 106) am Ord1983-27 s 12, sch 1, sch 2\nMaking off without payment\ns 98 orig s 98 renum as s 88\nprev s 98 (prev s 107) am Ord1983-27 s 13, sch 1\nam A1995-49 s 5; R9 LA (see A2001-63 s 43)\nExtortion etc by menace or threat\nhdg before s 99 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nValueless cheques\ns 99 orig s 99 renum as s 89\nprev s 99 (prev s 107A) ins A2001-63 s 13\nMinor theft\ns 99A renum as s 90\nFalse accounting\ns 100 orig s 100 renum as s 91\nprev s 100 (prev s 108) am Ord1983-27 s 14, sch 1\nLiability of company officers\ns 101 orig s 101 renum as s 92\nprev s 101 (prev s 109) am Ord1983-27 s 15, sch 1\n\nFalse statements by officers of associations\ns 102 orig s 102 renum as s 93\nprev s 102 (prev s 110) am Ord1968-4 s 12\nSuppression etc of documents\ns 103 orig s 103 renum as s 94\nprev s 103 (prev s 111) am Ord1983-27 s 16, sch 1\nBlackmail\ns 104 orig s 104 om Ord1983-55 s 9\nprev s 104 renum as s 95\nprev s 104 (prev s 112) sub Ord1944-1 s 3; Ord1963-11 s 6\nam Ord1978-45 s 5; Ord1983-27 sch 1, sch 2\nHandling stolen property\ns 105 orig s 105 renum as s 96\nprev s 105 (prev s 113) sub Ord1963-11 s 6\nam Ord1978-45 s 6; Ord1983-27 sch 1, sch 2\nam Ord1986-27 s 5\nSacrilege, burglary and housebreaking\nhdg before s 106 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDishonest abstraction\ns 106 hdg (prev s 114 hdg) sub A2000-66 sch 1 pt 3\ns 106 orig s 106 renum as s 97\nprev s 106 (prev s 114) am Ord1983-27 sch 1, sch 2;\nOrd1983-55 s 10\nam A2000-66 sch 1 pt 3\n\nPossession of housebreaking implements etc\ns 107 orig s 107 renum as s 98\nprev s 107 (prev s 116) sub Ord1985-44 s 6\nam Ord1990-5 sch 2; R9 LA (see A2001-63 s 43)\nAdvertising for return of stolen property\ns 108 orig s 108 renum as s 100\nprev s 108 (prev s 117) am Ord1983-27 sch 1, sch 2\nDelivery of stolen property held by dealers\ns 109 orig s 109 renum as s 101\nprev s 109 (prev s 118) sub Ord1985-44 s 6\nam A2002-49 amdt 3.18\nDisposal of stolen property\ns 110 orig s 110 renum as s 102\nprev s 110 (prev s 119) sub Ord1985-44 s 6\nTaking vehicle without authority\ns 111 orig s 111 renum as s 103\nprev s 111 (prev s 120) am Ord1963-11 s 7; Ord1984-78 s 5\nProof of general deficiency in a case\ns 112 orig s 112 renum as s 104\nprev s 112 (prev s 124) sub Ord1985-44 s 6\nProcedure and evidence\ns 113 orig s 113 renum as s 105\nprev s 113 (prev s 125) am Ord1983-27 sch 2\n\nVerdict of ‘theft or handling’\ns 114 orig s 114 renum as s 106\nprev s 114 (prev s 126) am Ord1983-27 sch 1\nOffences relating to property\npt 6 hdg orig pt 6 hdg om Ord1983-27 s 31\npres pt 6 hdg (prev pt 4 hdg) sub Ord1985-44 s 6\nInterpretation for part 6\ndiv 6.1 hdg (prev pt 4 div 1 hdg) ins Ord1985-44 s 6\nTheft and related offences\ndiv 6.2 hdg (prev pt 4 div 2 hdg) ins Ord1985-44 s 6\nMoney laundering and organised fraud\ndiv 6.2A hdg ins A2003-8 amdt 1.3\nDefinitions for div 6.2A\ns 114A ins A2003-8 amdt 1.3\nam A2015-50 amdt 3.59\ndef deal ins A2003-8 amdt 1.3\ndef proceeds of crime ins A2003-8 amdt 1.3\nam A2008-44 amdt 1.18\ndef property ins A2003-8 amdt 1.3\ndef unlawful activity ins A2003-8 amdt 1.3\nMoney laundering\ns 114B ins A2003-8 amdt 1.3\nPossession etc of property suspected of being proceeds of crime\ns 114C ins A2003-8 amdt 1.3\nOrganised fraud\ns 114D ins A2003-8 amdt 1.3\nam A2005-53 amdt 2.1\nCriminal damage to property\ndiv 6.3 hdg (prev pt 4 div 3 hdg) ins Ord1985-44 s 6\n\nInterpretation for div 6.3\ns 115 orig s 115 renum and reloc as s 155 A1991-90 s 4\npres s 115 (prev s 127) sub Ord1985-44 s 6\nam A2002-9 s 4\nLarceny\nhdg before s 116 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDeclaratory\nhdg before s 116 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDestroying or damaging property\ns 116 orig s 116 renum as s 107\npres s 116 (prev s 128) sub Ord1985-44 s 6\nam A1995-49 s 6\nam A2002-51 amdt 1.9; ss renum R19 LA (see A2002-51\namdt 1.10); A2006-23 amdts 2.1-2.3; A2013-12 s 13;\nA2022-13 ss 66-69; A2024-12 s 6\nSimple larceny and general provisions\nhdg before s 117 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nArson\ns 117 orig s 117 renum as s 108\npres s 117 (prev s 129) sub Ord1985-44 s 6\nam A2002-51 amdt 1.9; ss renum R19 LA (see A2002-51\namdt 1.10); A2006-23 amdt 2.4, amdt 2.5\nLawful excuse\ns 118 orig s 118 renum as s 109\nprev s 118 (prev s 130) sub Ord1985-44 s 6\nCausing bushfires\ns 118A ins A2002-9 s 5\nDefacing premises\ns 119 orig s 119 renum as s 110\npres s 119 (prev s 131) sub Ord1985-44 s 6\nam Ord1986-57 s 4; Ord1990-5 sch 2\nam A2006-23 amdt 2.6, amdt 2.7\nsub A2008-6 s 8\nam A2013-3 amdt 2.3\n\nDefacing premises––strict liability\ns 120 orig s 120 renum as s 111\npres s 120 (prev s 132) sub Ord1985-44\nins A2008-6 s 8\nPossession of article with intent to destroy property\ns 121 orig s 121 am Ord1983-27 sch 2\nprev s 121 (prev s 133) sub Ord1985-44 s 6\nUntrue representations\ns 122 orig s 122 am Ord1983-27 sch 2\npres s 122 (prev s 134) am Ord1983-27 sch 2\nam A2006-23 amdt 2.8\nAlternative verdicts—criminal damage to property offences\ns 123 orig s 123 am Ord1983-27 sch 2\nins Ord1985-44 s 6\npres s 123 (prev s 135) am Ord1983-27 sch 1\nsub A2022-13 s 70\nForgery and use of forged instruments\ndiv 6.4 hdg (prev pt 4 div 3A hdg) ins Ord1986-15 s 5\nMaking of false instrument\ns 124 orig s 124 renum as s 112\nprev s 124 (prev s 135A) ins Ord1986-15 s 5\nLarceny by bailees\nhdg before s 125 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nAct or omission to a person’s prejudice\ns 125 orig s 125 renum as s 113\nprev s 125 (prev s 135B) ins Ord1986-15 s 5\nOf animals\nhdg before s 126 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nForgery and use of forged instruments\ns 126 orig s 126 renum as s 114\nprev s 126 (prev s 135C) ins Ord1986-15 s 5\nPossession of false instrument\ns 127 orig s 127 renum as s 115\nprev s 127 (prev s 135D) ins Ord1986-15 s 5\nPossession of machine etc\ns 128 orig s 128 renum as s 116\nprev s 128 (prev s 135E) ins Ord1986-15 s 5\nForfeiture\ns 129 orig s 129 renum as s 117\nprev s 129 (prev s 135F) ins Ord1986-15 s 5\nGeneral allegation of intent sufficient\ns 130 orig s 130 renum as s 118\nprev s 130 (prev s 135G) ins Ord1986-15 s 5\ndiv 6.5 hdg (prev pt 4 div 3B hdg) ins A1992-23 sch 1\nInterpretation for div 6.5\ns 131 orig s 131 renum as s 119\nprev s 131 (prev s 152 and s 135H) ins as s 152 A1990-66 s 4\nrenum as s 135H A1992-23 sch 1; renum as s 131 R9 LA (see\n\ns 132 orig s 132 renum as s 120\nprev s 132 (prev s 153 and s 135J) ins as s 153 A1990-66 s 4\nrenum as s 135J A1992-23 sch 1; renum as s 132 R9 LA (see\ns 133 orig s 133 renum as s 121\nprev s 133 (prev s 154 and s 135K) ins as s 154 A1990-66 s 4\nrenum as s 135K A1992-23 sch 1; renum as s 133 R9 LA (see\nOf written instruments\nhdg before s 134 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDishonest use of computers\ns 134 orig s 134 renum as s 122\nprev s 134 (prev s 155 and s 135L) am Ord1983-27 sch 1,\nrenum and reloc as s 155 A1991-90 s 4; renum as s 135L\nA1992-23 sch 1; renum as s 134 R9 LA (see A2001-63 s 43)\nContamination of goods and related offences\ndiv 6.6 hdg (prev pt 4 div 3C hdg) ins A2000-3 s 4\nDefinitions of contaminate and goods\ns 135 orig s 135 renum as s 123\npres s 135 (prev s 135M) ins A2000-3 s 4\nMaking of false instrument\ns 135A renum as s 124\nAct or omission to a person’s prejudice\ns 135B renum as s 125\nForgery and the use of forged instruments\ns 135C renum as s 126\nPossession of false instrument\ns 135D renum as s 127\nPossession of machine etc\ns 135E renum as s 128\nForfeiture\ns 135F renum as s 129\n\nGeneral allegation of intent sufficient\ns 135G renum as s 130\ns 135H (prev s 152) renum as s 131\ns 135J (prev s 153) renum as s 132\ns 135K (prev s 154) renum as s 133\ns 135L (prev s 155 and s 115) renum as s 134\nDefinitions of contaminate and goods\ns 135M renum as s 135\nMeaning of economic loss\ns 135N renum as s 136\nContaminating goods with intent to cause public alarm or economic loss\ns 135O renum as s 137\nThreatening to contaminate goods with intent to cause public alarm or\ns 135P renum as s 138\nMaking false statements about contamination of goods with intent to cause\ns 135Q renum as s 139\ns 135R renum as s 140\nMeaning of economic loss\ns 136 orig s 136 renum as s 141\npres s 136 (prev s 135N) ins A2000-3 s 4\nContaminating goods with intent to cause public alarm or economic loss\ns 137 orig s 137 renum as s 142\npres s 137 (prev s 135O) ins A2000-3 s 4\nam A2006-23 amdt 2.9\nThreatening to contaminate goods with intent to cause public alarm or\ns 138 orig s 138 renum as s 143\npres s 138 (prev s 135P) ins A2000-3 s 4\nam A2006-23 amdt 2.10\n\nOf things attached to or growing on land\nhdg before s 139 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nMaking false statements about contamination of goods with intent to cause\ns 139 orig s 139 renum as s 144\npres s 139 (prev s 135Q) ins A2000-3 s 4\nam A2006-23 amdt 2.11\ns 140 orig s 140 renum as s 145\npres s 140 (prev s 135R) ins A2000-3 s 4\nOffences relating to causing public alarm\ndiv 6.7 hdg (prev div 6.6A hdg) ins A2002-3 s 4\nrenum R11 LA (see A2001-90 amdt 1.40)\nActing with intent to cause public alarm\ns 140A ins A2002-3 s 4\nam A2006-23 amdt 2.12\nThreatening to act with intent to cause public alarm\ns 140B ins A2002-3 s 4\nam A2006-23 amdt 2.13\nMaking false statements with intent to cause public alarm\ns 140C ins A2002-3 s 4\nam A2006-23 amdt 2.14\ns 140D ins A2002-3 s 4\ndiv 6.8 hdg orig div 6.8 hdg (prev pt 4 div 4 hdg) ins Ord1985-44 s 6\npres div 6.8 hdg (prev div 6.7 hdg) renum R11 LA (see\nA2001-90 amdt 1.40)\nHindering working of mines\ns 141 orig s 141 om Ord1983-27 sch 3\nprev s 141 renum as s 146\npres s 141 (prev s 136) sub Ord1985-44 s 6\nam A2006-23 amdt 2.15\n\nRemoval of sea banks etc\ns 142 orig s 142 om Ord1983-27 sch 3\nprev s 142 renum as s 147\npres s 142 (prev s 137) sub Ord1985-44 s 6\nam A2006-23 amdt 2.16\nObstructing navigation of rivers\ns 143 orig s 143 om Ord1983-27 sch 3\nprev s 143 renum as s 148\npres s 143 (prev s 138) am Ord1983-27 sch 1\nam A2006-23 amdt 2.17\nFrom mines\nhdg before s 144 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOffences in relation to railways\ns 144 orig s 144 renum as s 149\npres s 144 (prev s 139) am Ord1983-27 sch 2\nam A2006-23 amdt 2.18; A2017-21 amdt 1.10\nObstructing railway engines\ns 145 orig s 145 renum as s 150\npres s 145 (prev s 140) am Ord1983-27 sch 2\nam A2006-23 amdt 2.19; A2017-21 amdt 1.11\ns 146 orig s 146 renum as s 151\npres s 146 (prev s 141) ins Ord1985-44 s 6\nDisplaying false signals\ns 147 orig s 147 renum as s 152\npres s 147 (prev s 142) ins Ord1985-44 s 6\nam A2006-23 amdt 2.20\nIn dwelling-house\nhdg before s 148 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nRemoving or concealing buoys etc\ns 148 orig s 148 renum as s 153\npres s 148 (prev s 143) ins Ord1985-44 s 6\nam R5 LRA\nam A2006-23 amdt 2.21\nRemoval of articles on public exhibition\ns 149 orig s 149 renum as s 154\nprev s 149 (prev s 144) am Ord1983-27 sch 2\nOf goods in process of manufacture, tools etc\nhdg before s 150 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nBeing found with intent to commit offence\ns 150 orig s 150 renum as s 155\nprev s 150 (prev s 145) sub Ord1985-44 s 6\nam Ord1990-5 sch 2; A2001-8 amdt 1.8\nForcible entry on land\ns 151 orig s 151 renum as s 156\npres s 151 (prev s 146) am Ord1983-27 sch 2\nam A2006-23 amdt 2.22\ns 151A renum as s 157\nFrom ships or wharfs\nhdg before s 152 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nForcible detainer of land\ns 152 orig s 152 am Ord1983-27 sch 1\nprev s 152 ins A1990-66 s 4\nrenum and reloc as s 135H A1992-23 sch 1\nprev s 152 (prev s 358AA) ins Ord1988-75 s 9\nrenum and reloc as s 152 A1991-78 s 5\nrenum as s 158 R9 LA (see A2001-63 s 43)\npres s 152 (prev s 147) am Ord1983-27 sch 2\nam A2006-23 amdt 2.23\n\nDisclosure of information by territory officer\ns 153 hdg sub A2016-52 amdt 1.52\ns 153 orig s 153 am Ord1983-27 sch 1, sch 2\nprev s 153 ins A1990-66 s 4\nrenum and reloc as s 135J A1992-23 sch 1\nprev s 153 (prev s 358AB) ins Ord1988-75 s 9\nrenum and reloc as s 153 A1991-78 s 5\nrenum as s 159 R9 LA (see A2001-63 s 43)\nprev s 153 (prev s 148) am Ord1983-27 sch 1, sch 2\npres s 153 reloc from Crimes (Offences against the\nGovernment) Act 1989 s 10 by A2004-15 amdt 3.16\nam A2006-23 amdt 2.24, amdt 2.25\nBy tenants or lodgers\nhdg before s 154 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAdditional offences on territory premises\ns 154 orig s 154 am Ord1983-27 sch 2\nprev s 154 ins A1990-66 s 4\nrenum and reloc as s 135K A1992-23 sch 2\nprev s 154 (prev s 358AC) ins Ord1988-75 s 9\nrenum and reloc as s 154 A1991-78 s 5\nrenum as s 160 R9 LA (see A2001-63 s 43)\nprev s 154 (prev s 149) am Ord1983-27 sch 1\npres s 154 reloc from Crimes (Offences against the\nGovernment) Act 1989 s 19 by A2004-15 amdt 3.18\nam A2006-23 amdt 2.26, amdt 2.27\nUnlawfully using another’s vehicle or boat\ns 154A ins Ord1963-11 s 8\nFraudulent abstraction, waste etc of electricity\ns 154B ins Ord1984-78 s 6\nEmbezzlement or larceny\nhdg before s 155 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nBy clerks and servants\nhdg before s 155 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nIndictment for theft etc of deeds\ns 155 orig s 155 om Ord1985-44 s 6\nprev s 155 (prev s 115) am Ord1983-27 sch 1, sch 2\nrenum and reloc as s 155 A1991-90 s 4\nrenum as s 161 R9 LA (see A2001-63 s 43)\nprev s 155 (prev s 358AD) ins Ord1988-75 s 9\nrenum and reloc as s 155 A1991-78 s 5\nrenum and reloc as s 135L A1992-23 sch 1\nrenum as s 134 R9 LA (see A2001-63 s 43)\nprev s 155 (prev s 150) am Ord1983-27 sch 1, sch 2\nrenum as s 155 R9 LA (see A2001-63 s 43)\nam A2002-49 amdt 3.19, amdt 3.20\nAllegations in indictment about stolen money or securities\ns 156 orig s 156 am Ord1983-27 sch 1\nprev s 156 (prev s 358AE) ins Ord1988-75 s 9\nrenum and reloc as s 156 A1991-78 s 5\nrenum as s 162\nprev s 156 (prev s 151) sub Ord1985-44 s 6\nEscape provisions\npt 7 hdg orig pt 7 renum as pt 8 hdg\npres pt 7 hdg (prev pt 5 hdg) renum R9 LA (see A2001-63\ns 43)\nMeaning of lawful custody—periodic detention\ns 157 orig s 157 am Ord1983-27 sch 1\n(prev s 358AF) ins Ord1988-75 s 9\nrenum and reloc as s 157 A1991-78 s 5\nrenum as s 163\npres s 157 (prev s 151A) ins A1995-3 s 64\nsub A2006-23 amdt 1.54\nom A2016-4 amdt 1.15\n\ns 158 orig s 158 am Ord1983-27 sch 1\nprev s 158 (prev s 358AG) ins Ord1988-75 s 9\nrenum and reloc as s 158 A1991-78 s 5\nrenum as s 164\npres s 158 (prev s 152) ins A1990-66 s 4\nrenum as s 158 R9 LA (see A2001-63 s 43)\nBy persons employed in the Public Service\nhdg before s 159 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\ns 159 orig s 159 am Ord1983-27 sch 1\nprev s 159 (prev s 358AH) ins Ord1988-75 s 9\nrenum and reloc as s 159 A1991-78 s 5\nrenum as s 165\npres s 159 (prev s 153) ins A1990-66 s 4\nam A2006-23 amdt 1.55, amdt 2.28\ns 160 orig s 160 am Ord1983-27 sch 1\nprev s 160 (prev s 358AI) ins Ord1988-75 s 9\nam A1992-9 s 7\nrenum and reloc as s 160 A1991-78 s 5\nrenum as s 166\npres s 160 (prev s 154) ins A1990-66 s 4\nam A2006-23 amdt 2.29\nGeneral deficiency\nhdg before s 161 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\ns 161 orig s 161 om Ord1985-44 s 6\npres s 161 (prev s 115 and prev s 155) am Ord1983-27 sch 1,\nrenum and reloc as s 155 A1991-90 s 4\nrenum as s 161 R9 LA (see A2001-63 s 43)\nam A2006-23 amdt 1.56, amdt 2 30\nBy joint owners\nhdg before s 162 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nPerson unlawfully at large\ns 162 orig s 162 om Ord1985-44 s 6\npres s 162 (prev s 358AE and prev s 156) ins as s 358AE\nrenum as s 156 A1991-78 s 5\nrenum as s 162 R9 LA (see A2001-63 s 43)\nam A2002-49 amdt 3.21; A2006-23 amdt 1.57, amdt 1.58,\namdt 2.31\nhdg before s 163 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPermitting escape\ns 163 orig s 163 am Ord1983-27 sch 2\npres s 163 (prev s 358AF and prev s 157) ins as s 358AF\nrenum as s 157 A1991-78 s 5\nrenum as s 163 R9 LA (see A2001-63 s 43)\nam A2002-49 amdt 3.22; A2006-23 amdt 1.58, amdt 2.32\nFrauds by factors and other agents\nhdg before s 164 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nHarbouring etc escapee\ns 164 orig s 164 om Ord1985-44 s 6\npres s 164 (prev s 358AG and prev s 158) ins as s 358AG\nrenum as s 158 A1991-78 s 5\nrenum as s 164 R9 LA (see A2001-63 s 43)\nam A2006-23 amdt 2.33\nEscaped prisoner—current sentence\ns 165 orig s 165 am Ord1983-27 sch 1\nprev s 165 (prev s 358AH and prev s 159) ins as s 358AH\nrenum as s 159 A1991-78 s 5\nrenum as s 165 R9 LA (see A2001-63 s 43)\nom A2006-23 amdt 1.59\nFailure to answer bail etc—offence\ns 166 orig s 166 am Ord1983-27 sch 1\npres s 166 (prev s 358AI and prev s 160) ins as s 358AI\nrenum as s 160 A1991-78 s 5\nrenum as s 166 R9 LA (see A2001-63 s 43)\nam A2006-23 amdt 2.34\n\nPerjury\ns 167 orig s 167 om Ord1985-44 s 6\nprev s 167 (prev s 327) am Ord1983-27 sch 1\nPerjury with intent to procure conviction etc\ns 168 orig s 168 am Ord1983-27 sch 2\nprev s 168 (prev s 328) am Ord1983-27 s 18, sch 1\nConviction for false swearing on indictment for perjury\ns 169 orig s 169 am Ord1983-27 sch 1\nprev s 169 (prev s 329) renum R9 LA (see A2001-63 s 43)\nAnabolic steroids\npt 8 hdg orig pt 8 hdg renum as pt 9 hdg\nprev pt 8 hdg (prev pt 7 hdg) renum R9 LA (see A2001-63\ns 43)\npres pt 8 hdg ins A2008-26 amdt 2.7\nMeaning of anabolic steroid\ns 170 orig s 170 am Ord1983-27 sch 1\nprev s 170 (prev s 330) am Ord1983-27 sch 1\npres s 170 ins A2008-26 amdt 2.7\nsub as mod SL2008-42 mod 10.1 (as ins by SL2009-27 s 7)\nmod lapsed 21 December 2010 (SL2008-42 mod 10.1 om by\nA2010-50 amdt 1.14)\nsub A2010-50 amdt 1.1\nPrescribing and supplying anabolic steroids\ns 171 orig s 171 om Ord1985-44 s 6\nprev s 171 (prev s 331) renum R9 LA (see A2001-63 s 43)\npres s 171 ins A2008-26 amdt 2.7\n\nPossessing anabolic steroids\ns 172 orig s 172 am Ord1983-27 sch 1\nprev s 172 (prev s 332) am Ord1983-55 sch\npres s 172 ins A2008-26 amdt 2.7\nAdministering anabolic steroids\ns 173 orig s 173 am Ord1983-27 sch 1\nprev s 173 (prev s 333) am Ord1983-27 sch 2; Ord1983-55\nsch\npres s 173 ins A2008-26 amdt 2.7\nExclusion powers\npt 9 hdg ins A2016-48 s 11\nDefinitions—pt 9\ns 174 orig s 174 am Ord1983-27 sch 1\nprev s 174 (prev s 334)\nins Ord1990-4 s 5\ndef exclusion direction ins A2016-48 s 11\ndef exclusion period ins A2016-48 s 11\ndef exclusion zone ins A2016-48 s 11\ndef public place ins A2016-48 s 11\nExclusion direction\ns 175 orig s 175 am Ord1983-27 sch 1\nprev s 175 (prev s 340) am Ord1983-27 sch 2; A1992-9 s 6\nExclusion zone\ns 176 orig s 176 am Ord1983-27 sch 1\nprev s 176 (prev s 341) am Ord1983-27 sch 2\n\nDirectors etc cheating or defrauding\ns 176A ins Ord1984-78 s 7\nExclusion direction—information to be given\ns 177 orig s 177 om Ord1985-44 s 6\nprev s 177 (prev s 342) am Ord1983-27 sch 2\nExclusion direction—information to be recorded\ns 178 orig s 178 om Ord1985-44 s 6\nprev s 178 (prev s 343) renum R9 LA (see A2001-63 s 43)\nFraudulent misappropriation of moneys collected or received\ns 178A ins Ord1963-11 s 9\nValueless cheques\ns 178B ins Ord1983-55 s 11\nObtaining money etc by deception\ns 178C ins Ord1983-55 s 11\nObtaining money etc by false or misleading statements\ns 178D ins Ord1983-55 s 11\nObtaining credit by fraud\ns 178E ins Ord1983-55 s 11\nFalse pretences\nhdg before s 179 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nFailing to comply with exclusion direction\ns 179 orig s 179 am Ord1963-11 s 10; Ord1983-27 sch 1\nprev s 179 (prev s 344) am Ord1983-27 sch 1\nsub Ord1988-75 s 5\n\nAccessories\npt 9 hdg orig pt 9 hdg om Ord1988-75 s 6\nprev pt 9 hdg (prev pt 8 hdg) sub Ord1988-75 s 6\nsub A2002-51 amdt 1.12\nAiding and abetting\ns 180 orig s 180 am Ord1963-11 s 11\nprev s 180 (prev s 345) ins Ord1988-75\nom A2002-51 amdt 1.13\nAccessory after the fact\ns 181 orig s 181 om Ord1985-44 s 6\nprev s 181 (prev s 346) ins Ord1988-75 s 6\nam A2004-15 amdt 3.8\nAttempts\ns 182 orig s 182 am Ord1963-11 s 12\nprev s 182 (prev s 347)\nprev s 182 ins Ord1988-75 s 6\nIncitement\ns 183 orig s 183 sub Ord1963-11 s 13\nprev s 183 (prev s 348)\nprev s 183 ins Ord1988-75 s 6\npars renum R11 LA\nConspiracy\ns 184 orig s 184 am Ord1983-27 sch 1\nprev s 184 (prev s 349) am Ord1983-27 sch 1\nsub Ord1988-75 s 6\nCriminal investigation\npt 10 hdg sub Ord1983-55 s 23; Ord1988-75 s 7; A1991-78 s 6\npt 10 hdg note ins A2002-11 amdt 2.21\n\ndiv 10.1 hdg (prev pt 10 div 1 hdg) ins Ord1984-32\nsub A1991-78; A1994-75\nDefinitions for pt 10\ns 185 orig s 185 am Ord1983-27 sch 1\npres s 185 (prev s 349AA) ins A1994-75 s 4\nam A2025-9 s 5\ndef Aboriginal and Torres Strait Islander children and\nyoung people commissioner ins A2025-9 s 4\ndef Aboriginal or Torres Strait Islander child or young\nperson ins A2025-9 s 4\ndef assisting officer ins A1994-75 s 4\ndef Commonwealth Crimes Act ins A1994-75 s 4\ndef conveyance ins A1994-75 s 4\ndef evidential material ins A1994-75 s 4\nsub A2008-44 amdt 1.19\ndef executing officer ins A1994-75 s 4\ndef frisk search ins A1994-75 s 4\ndef identification material ins A2015-36 s 6\ndef impaired state ins A2015-36 s 6\ndef issuing officer ins A1994-75 s 4\nam A2018-40 s 5; A2023-37 amdt 1.5\ndef medical practitioner om A1995-50 s 6\nins A1994-75 s 4\nom A1995-50 s 6\ndef offence ins A1994-75 s 4\ndef ordinary search sub A1994-75 s 4\nam A1997-10 s 4\ndef police station ins A1994-75 s 4\ndef premises ins A1994-75 s 4\ndef recently used conveyance ins A1994-75 s 4\ndef seizable item ins A1994-75 s 4\ndef serious offence ins A2008-44 amdt 1.20\ndef strip search ins A1994-75 s 4\ndef summary offence sub A1994-75 s 4\nam A2001-56 amdt 3.239\nom A2002-11 amdt 2.22\ndef tainted property ins A2003-8 amdt 1.4\ndef take ins A2015-36 s 6\ndef target material ins A2003-8 amdt 1.4\ndef thing relevant to ins A2008-44 amdt 1.21\ndef thing relevant to an indictable offence ins A1994-75 s 4\nom A2008-44 amdt 1.21\n\ndef thing relevant to a summary offence ins A1994-75 s 4\nom A2008-44 amdt 1.21\ndef warrant ins A1994-75 s 4\ndef warrant premises ins A1994-75 s 4\nSearch of transgender or intersex person\ns 185A ins A2003-14 amdt 1.31\nCorrupt rewards\nhdg before s 186 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nApplication of pt 10\ns 186 orig s 186 am Ord1983-27 sch 1; Ord1984-78 s 8\npres s 186 (prev s 349AB) ins A1994-75 s 4\nam A2025-9 s 6\nReceivers\nhdg before s 187 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nApplication of Cwlth Crimes Act, pt 1C\ns 187 orig s 187 om Ord1985-44 s 6\npres s 187 (prev s 349AC) ins A2001-63 s 14\nam A2008-44 amdt 1.22, amdt 1.23\nmod SL2014-16 mod 1.1 (mod exp 1 July 2020 (see\nSL2014-16 s 4))\nam A2014-14 s 56\nPreventative action\ndiv 10.1A hdg orig pt 10 div 1A hdg ins Ord1988-75 s 9\nom A1991-78 s 8\nprev pt 10 div 1A hdg renum as div 10.2 hdg\nPreventative action\ndiv 10.2 hdg orig pt 10 div 2 hdg renum as div 10.3 hdg\npres div 10.2 hdg (prev pt 10 div 1A hdg) ins A1994-75 s 4\nPolice powers of entry\ns 188 orig s 188 am Ord1983-27 sch 1, sch 2; Ord1984-78 s 9\npres s 188 (prev s 349A) ins Ord1986-53 s 3\nam Ord1987-3 s 5\n\nIssue of warrant\ns 189 orig s 189 am Ord1983-27 sch 2; Ord1984-78 s 10\npres s 189 (prev s 349B) ins Ord1986-53 s 3\nam Ord1987-3 s 6\nam A2025-9 s 7\nReceiving etc goods stolen outside the Territory\ns 189A ins Ord1951-14 s 9\nam Ord1983-27 sch 1; Ord1984-78 s 11\nProsecution under s 188 or s 189 where property stolen in course of\ntransmission\ns 189B ins Ord1984-78 s 12\nEntry in emergencies\ns 190 orig s 190 am Ord1983-27 sch 2; Ord1984-78 s 13\npres s 190 (prev s 349C) ins Ord1986-53 s 3\nam A2025-9 s 8\nSeizure of firearms—warrants and emergencies\ns 191 orig s 191 om Ord1985-44 s 6\npres s 191 (prev s 349D) ins A1991-9 sch\nam A1992-35 s 3; A1996-74 sch 3; A1997-23 s 5; R9 LA (see\nrenum R9 LA (see A2001-63 s 43 and A2001-90 amdt 1.31)\nam A2001-90 amdt 1.30; A2005-13 amdt 1.22; A2008-46 amdt\n3.10; A2016-42 amdt 3.25\nSeizure of firearms—protection orders\ns 192 hdg sub A2001-90 amdt 1.32\ns 192 orig s 192 om Ord1985-44 s 6\npres s 192 (prev s 349DA) ins A1997-23 s 6\nam A2001-90 amdt 1.33; A2004-60 amdts 1.103-1.105;\nA2005-13 amdt 1.23; A2008-46 amdt 3.11, amdt 3.12;\nA2015-40 amdt 1.8; A2016-42 amdts 3.26-3.28\nPower to conduct search of person for knife\ns 193 orig s 193 om Ord1985-44 s 6\npres s 193 (prev s 349DB) ins A1998-22 s 5\n\nSearch warrants\ndiv 10.3 hdg orig pt 10 div 3 hdg renum as div 10.4 hdg\npres div 10.3 hdg (prev pt 10 div 2 hdg) ins Ord1984-32 s 4\nsub A1994-75 s 4\nDeclaratory and general\nhdg before s 194 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWhen search warrants can be issued\ns 194 orig s 194 om Ord1985-44 s 6\npres s 194 (prev s 349E) ins A1994-75 s 5\nam A2003-8 amdt 1.5; A2008-44 amdt 1.24; A2025-9 s 9,\ns 10; ss renum R153 LA\nElectronic versions of affidavits and warrants\ns 194A hdg sub A2021-24 s 14\ns 194A ins A2020-14 amdt 1.46\nam A2021-1 amdt 1.12; A2021-24 s 15; ss renum R134 LA\nThe things that are authorised by search warrant\ns 195 orig s 195 om Ord1985-44 s 6\npres s 195 (prev s 349F) ins A1994-75 s 5\nam A2002-49 amdt 3.24; A2003-8 amdt 1.6, amdt 1.7;\nA2008-44 amdt 1.25\nInjuries to buildings etc by fire\nhdg before s 196 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAvailability of assistance and use of force in executing warrant\ns 196 orig s 196 am Ord1963-11 s 14\nom Ord1968-4 s 13\npres s 196 (prev s 349G) ins A1994-75 s 5\nDetails of warrant to be given to occupier etc\ns 197 orig s 197 am Ord1963-11 s 15; Ord1983-27 sch 1\npres s 197 (prev s 349H) ins A1994-75 s 5\nSpecific powers available to police officers executing warrant\ns 198 orig s 198 am Ord1963-11 s 16; Ord1983-27 sch 1\npres s 198 (prev s 349J) ins A1994-75 s 5\n\nUse of equipment to examine or process things\ns 199 orig s 199 am Ord1983-27 sch 1\npres s 199 (prev s 349K) ins A1994-75 s 5\nUse of electronic equipment at premises\ns 200 orig s 200 am Ord1963-11 s 17; Ord1983-27 sch 1\npres s 200 (prev s 349L) ins A1994-75 s 5\nCompensation for damage to electronic equipment\ns 201 orig s 201 am Ord1963-11 s 18; Ord1983-27 sch 1, sch 2\npres s 201 (prev s 349M) ins A1994-75 s 5\nCopies of seized things to be provided\ns 202 orig s 202 am Ord1963-11 s 19; Ord1983-27 sch 1\npres s 202 (prev s 349N) ins A1994-75 s 5\nInjuries to buildings by explosive substances\nhdg before s 203 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOccupier entitled to be present during search\ns 203 orig s 203 am Ord1963-11 s 20; Ord1983-27 sch 1\npres s 203 (prev s 349P) ins A1994-75 s 5\nReceipts for things seized under warrant\ns 204 orig s 204 am Ord1963-11 s 21; Ord1983-27 sch 1\npres s 204 (prev s 349Q) ins A1994-75 s 5\nInjuries to buildings by rioters\nhdg before s 205 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWarrants by telephone or other electronic means\ns 205 orig s 205 om Cwlth Act 1971 No 26 sch\npres s 205 (prev s 349R) ins A1994-75 s 5\nam A2018-33 amdt 1.12\n\nRestrictions on personal searches\ns 206 orig s 206 om Cwlth Act 1971 No 26 sch\npres s 206 (prev s 349S) ins A1994-75 s 5\nPowers to stop and search\ndiv 10.4 hdg orig pt 10 div 4 hdg renum as div 10.5 hdg\npres div 10.4 hdg (prev pt 10 div 3 hdg) ins A1994-75 s 5\nsub A2001-63 s 15\nStopping, searching and detaining people\ns 207 orig s 207 om Cwlth Act 1971 No 26 sch\npres s 207 (prev s 349SA) ins A2001-63 s 16\nam A2008-44 amdt 1.26\nInjuries to buildings by tenants\nhdg before s 208 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nHow a police officer exercises a power under s 207\ns 208 orig s 208 om Ord1985-44 s 6\npres s 208 (prev s 349SB) ins A2001-63 s 16\nInjuries to manufactures, machinery etc\nhdg before s 209 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nStopping, searching and detaining conveyances\ns 209 hdg (prev s 349T hdg) sub A2001-63 s 17\ns 209 orig s 209 am Ord1983-27 sch 1\npres s 209 (prev s 349T) ins A1994-75 s 5\nam A2001-63 s 18\nam A2008-44 amdt 1.27\nHow a police officer exercises a power under s 209\ns 210 orig s 210 am Ord1983-27 sch 1\npres s 210 (prev s 349U) ins A1994-75 s 5\nCrime scene powers\ndiv 10.4A hdg ins A2017-45 s 6\nDefinitions—div 10.4A\ns 210A ins A2017-45 s 6\ndef crime scene ins A2017-45 s 6\ndef crime scene power ins A2017-45 s 6\ndef private premises ins A2017-45 s 6\n\ndef serious offence ins A2017-45 s 6\nMeaning of public place—div 10.4A\ns 210B ins A2017-45 s 6\nEstablish crime scene—public place\ns 210C ins A2017-45 s 6\nEstablish crime scene—private premises\ns 210D ins A2017-45 s 6\nWhen crime scene established\ns 210E ins A2017-45 s 6\nSenior police officer to be told about crime scene\ns 210F ins A2017-45 s 6\nCrime scene powers\ns 210G ins A2017-45 s 6\nCrime scene—duration\ns 210H ins A2017-45 s 6\nCrime scene—frequency\ns 210I ins A2017-45 s 6\nCrime scene obligations—all places\ns 210J ins A2017-45 s 6\nCrime scene obligations—conveyances\ns 210K ins A2017-45 s 6\nOffence—fail to comply with direction\ns 210L ins A2017-45 s 6\nReview—div 10.4A\ns 210M ins A2017-45 s 6\nexp 7 March 2021 (s 210M (3))\nArrest and related matters\ndiv 10.5 hdg orig pt 10 div 5 hdg renum as div 10.6 hdg\npres div 10.5 hdg (prev pt 10 div 4 hdg) ins A1994-75 s 5\nsub A2001-63 s 15\nInjuries to corn, hay-stacks, trees etc\nhdg before s 211 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nRequirement to provide name etc\ns 211 orig s 211 am Ord1983-27 sch 1\npres s 211 (prev s 349V) ins A1994-75 s 5\nam A2002-49 amdt 3.25\n\nPower of arrest without warrant by police officers\ns 212 orig s 212 am Ord1983-27 sch 1\npres s 212 (prev s 349W) ins A1994-75 s 5\nam A1997-23 s 7; A2001-63 ss 19-23\nam A2005-13 amdt 1.24; A2008-46 amdt 3.13; A2016-42\namdt 3.29, amdt 3.30\nArrest without warrant in possession\ns 213 orig s 213 am Ord1983-27 sch 1\npres s 213 (prev s 349X) ins A1994-75 s 5\nam A1998-67 s 14\nArrest of prisoner unlawfully at large\ns 214 orig s 214 am Ord1983-27 sch 1\npres s 214 (prev s 349Y) ins A1994-75 s 5\nam A1998-67 s 15; A2001-63 s 24\nam A2006-23 amdt 1.60\nPower of arrest without warrant of person on bail\ns 215 orig s 215 am Ord1983-27 sch 1\nprev s 215 (prev s 349Z) ins A1994-75 s 5\nom A2004-14 amdt 2.1\nArrest for breach of bail conditions by person outside ACT\ns 216 orig s 216 am Ord1983-27 sch 1, sch 2\nprev s 216 (prev s 349ZA) ins A1994-75 s 5\nom A2004-14 amdt 2.1\nArrest without warrant for offences committed outside ACT\ns 217 orig s 217 am Ord1983-27 sch 1, sch 2\npres s 217 (prev s 349ZB) ins A1994-75 s 5\nam A2001-63 s 25\nam A2008-44 amdt 1.28\n\nPower of arrest without warrant by other persons\ns 218 orig s 218 am Ord1983-27 sch 2\npres s 218 (prev s 349ZC) ins A1994-75 s 5\nWarrants for arrest\ns 219 orig s 219 am Ord1983-55 sch\npres s 219 (prev s 349ZD) ins A1994-75 s 5\nam A2001-25 s 18\nam A2023-15 amdt 2.1\nPower to enter premises to arrest offender\ns 220 orig s 220 om Ord1985-44 s 6\npres s 220 (prev s 349ZE) ins A1994-75 s 5\nam A2001-63 s 26, s 27\nam A2004-15 amdt 3.9; A2008-44 amdt 1.29, amdt 1.30;\nA2010-47 amdt 1.1; A2011-15 s 4; A2016-3 s 4\nInjuries to mines\nhdg before s 221 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nUse of force in making arrest\ns 221 orig s 221 am Ord1983-27 sch 1\npres s 221 (prev s 349ZF) ins A1994-75 s 5\nPersons to be informed of grounds of arrest\ns 222 orig s 222 am Ord1983-27 sch 1\npres s 222 (prev s 349ZG) ins A1994-75 s 5\nPower to conduct frisk search of arrested person\ns 223 orig s 223 am Ord1983-27 sch 1\npres s 223 (prev s 349ZH) ins A1994-75 s 5\nam A2001-63 s 28, s 29\nPower to conduct ordinary search of arrested person\ns 224 orig s 224 am Ord1983-27 sch 1\npres s 224 (prev s 349ZJ) ins A1994-75 s 5\nam A1997-10 s 5; A2001-63 s 30, s 31\n\nInjuries to sea or river banks etc\nhdg before s 225 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPower to conduct search of arrested person’s premises\ns 225 orig s 225 am Ord1983-27 sch 1\npres s 225 (prev s 349ZK) ins A1994-75 s 5\nPower to conduct search at police station\ns 226 orig s 226 am Ord1983-27 sch 1\npres s 226 (prev s 349ZL) ins A1994-75 s 5\nam A1997-10 s 6\nInjuries to ponds, reservoirs etc\nhdg before s 227 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPower to conduct strip search\ns 227 orig s 227 om Ord1985-44 s 6\npres s 227 (prev s 349ZM) ins A1994-75 s 5\nam A2018-33 amdt 1.12\nInjuries to bridges, viaducts and toll-bars\nhdg before s 228 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nRules for conduct of strip search\ns 228 orig s 228 am Ord1983-27 sch 1\npres s 228 (prev s 349ZN) ins A1994-75 s 5\nam A2023-45 s 42, s 43\nSafekeeping of things seized\ns 229 orig s 229 om Ord1985-44 s 6\npres s 229 (prev s 349ZO) ins A1997-10 s 7\nInjuries to railway carriages and telegraphs\nhdg before s 230 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nIdentification material—person at least 18 years old\ns 230 orig s 230 am Ord1983-27 sch 1\npres s 230 (prev s 349ZP) ins A1994-75 s 5\nam A1999-64 sch 2; A2001-63 s 32\nsub A2015-36 s 7\n\nIdentification material—person under 18 years old\ns 230A ins A2015-36 s 7\nDestruction of identification material\ns 231 orig s 231 om Ord1985-44 s 6\npres s 231 (prev s 349ZQ) ins A1994-75 s 5\nam A2015-36 s 8\nOffence—refusing to allow fingerprint or photo to be taken\ns 232 hdg sub A2015-36 s 9\ns 232 orig s 232 om Ord1985-44 s 6\npres s 232 (prev s 349ZR) ins A1994-75 s 5\nam A2002-49 amdt 3.25\nIdentification parades—general\ns 233 orig s 233 om Ord1985-44 s 6\npres s 233 (prev s 349ZS) ins A1994-75 s 5\nIdentification parades for suspects under 18 etc\ns 234 orig s 234 om Ord1985-44 s 6\npres s 234 (prev s 349ZT) ins A1994-75 s 5\nam A2023-45 s 44, s 45\nInjuries to vessels\nhdg before s 235 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nIdentification by means of photographs\ns 235 orig s 235 om Ord1968-4 s 14\npres s 235 (prev s 349ZU) ins A1994-75 s 5\nIdentification procedures if more than 1 suspect\ns 236 orig s 236 am Ord1983-27 sch 1\npres s 236 (prev s 349ZV) ins A1994-75 s 5\nDescriptions\ns 237 orig s 237 am Ord1983-27 sch 1\npres s 237 (prev s 349ZW) ins A1994-75 s 5\n\nExamination\ns 238 orig s 238 am Ord1983-27 sch 1\npres s 238 (prev s 349ZX) ins A1994-75 s 5\nsub A1996-31 s 4\nam A1999-64 s 4 sch 2; A2001-56 amdt 3.240\nam A2024-40 amdt 1.3\ndiv 10.6 hdg (prev pt 10 div 5 hdg) ins A1994-75 s 5\nAssisting officers—search and arrest of persons\ns 239 orig s 239 am Ord1983-27 sch 1\npres s 239 (prev s 349ZY) ins A1994-75 s 5\nConduct of ordinary searches and frisk searches\ns 240 orig s 240 am Ord1968-4 s 15\npres s 240 (prev s 349ZZ) ins A1994-75 s 5\nAnnouncement before entry\ns 241 orig s 241 am Ord1983-27 sch 1\npres s 241 (prev s 349ZZA) ins A1994-75 s 5\nam A1997-23 s 8\nOffence of making false statements in warrants\ns 242 orig s 242 am Ord1983-27 sch 1\npres s 242 (prev s 349ZZB) ins A1994-75 s 5\nOffences relating to telephone warrants\ns 243 orig s 243 am Ord1983-27 sch 1\npres s 243 (prev s 349ZZC) ins A1994-75 s 5\nInjuries to books, works of art etc in museums etc\nhdg before s 244 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nReturn of seized knife or thing\ns 244 orig s 244 am Ord1983-27 s 17\npres s 244 (prev s 349ZZD) ins A1994-75 s 5\nam A1998-22; A2001-63 s 33, s 34\nInjuries to cattle\nhdg before s 245 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nMagistrates Court may permit thing to be retained\ns 245 orig s 245 am Ord1983-27 sch 1, sch 2; Ord1984-78 s 14\npres s 245 (prev s 349ZZE) ins A1994-75 s 5\nam A2001-63 s 35\nLaw relating to legal professional privilege not affected\ns 246 orig s 246 am Ord1983-27 sch 2\nprev s 246 (prev s 349ZZF) ins A1994-75 s 5\nom A2002-11 amdt 2.23\nInjuries over five pounds not otherwise provided for\nhdg before s 247 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nLaws relating to taking forensic samples not affected\ns 247 orig s 247 am Ord1983-27 sch 1, sch 2\npres s 247 (prev s 349ZZG) ins A1994-75 s 5\nam A2015-36 s 10\nLetters threatening to burn or destroy property\nhdg before s 248 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nForfeiture of knife\ns 248 orig s 248 am Ord1983-27 sch 1\npres s 248 (prev s 349ZZH) ins A1998-22 s 7\nam A2006-23 amdt 1.61\nFalse statement that person or property in danger\ns 248A ins Ord1984-78 s 15\nMaking or having gunpowder etc with intent to commit offences against\nproperty\nhdg before s 249 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nSeizure of forfeited articles\ns 249 orig s 249 om Ord1985-44 s 6\npres s 249 (prev s 350) ins Ord1983-55 s 12\nam Ord1985-67 sch; Ord1986-15 s 7; A1991-104 s 5\nam A2016-13 amdt 1.47\nDeclaratory and general\nhdg before s 250 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDisposal of forfeited articles by public trustee\ns 250 orig s 250 om Ord1986-15 s 6\npres s 250 (prev s 350A) ins A1991-104 s 6\nsub A2003-8 amdt 1.8\nam A2016-13 amdt 1.47, amdt 1.48\nCosts etc payable to public trustee\ns 251 orig s 251 am Ord1983-27 sch 2\nprev s 251 (prev s 350B) ins A1991-104 s 6\nom A2003-8 amdt 1.8\nInvestigation of extra-territorial offences\npt 10A hdg renum as pt 11 hdg\nForgeries not specially provided for\nhdg before s 252 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWhen case not to be proceeded with gaoler to discharge prisoner on\ncertificate from Attorney-General etc\ns 252 orig s 252 om Ord1986-15 s 6\npres s 252 (prev s 358) am A2001-44 amdts 1.993-1.995\nam A2004-60 amdt 1.106; A2025-29 amdt 4.45\nParticular provisions for children\ndiv 10.7 hdg ins A2008-19 amdt 1.17\nStopping, searching or detaining person under 14 years old without warrant\nsdiv 10.7.1A ins A2025-9 s 11\nApplication of sdiv 10.7.1A\ns 252AA ins A2025-9 s 11\nPolice officer must not stop, search or detain person under 14 years old\ngenerally\ns 252AB ins A2025-9 s 11\n\nStopping, searching or detaining person under 14 years old for prevention of\nharm etc\ns 252AC ins A2025-9 s 11\nStopping, searching or detaining person under 14 years old when relevant to\nother investigation\ns 252AD ins A2025-9 s 11\nPolice action after stopping, searching or detaining person under 14 years\nold\ns 252AE ins A2025-9 s 11\nArrest of children under the age of criminal responsibility\nsdiv 10.7.1 hdg ins A2008-19 amdt 1.17\nsub A2023-45 s 46\nWarrant for arrest of child under the age of criminal responsibility\ns 252A hdg sub A2023-45 s 47\ns 252A ins A2008-19 amdt 1.17\nam A2023-45 s 48\nArrest of child under the age of criminal responsibility—without warrant\ns 253B hdg sub A2023-45 s 49\ns 252B ins A2008-19 amdt 1.17\nam A2023-45 s 50\nPolice action after arresting child under the age of criminal responsibility\ns 252C hdg sub A2023-45 s 51\ns 252C ins A2008-19 amdt 1.17\nam A2011-22 amdt 1.119; A2023-45 s 52\nPreliminary procedures in relation to children and young people\nsdiv 10.7.2 hdg ins A2008-19 amdt 1.17\nDefinitions—subdiv 10.7.2\ns 252D ins A2008-19 amdt 1.17\ndef child ins A2008-19 amdt 1.17\ndef committed ins A2008-19 amdt 1.17\ndef under restraint ins A2008-19 amdt 1.17\ndef young person ins A2008-19 amdt 1.17\nMeaning of under restraint\ns 252E ins A2008-19 amdt 1.17\nMeaning of in the company of a police officer\ns 252F ins A2008-19 amdt 1.17\nam A2010-43 amdt 1.7; A2010-47 amdt 1.2; A2013-50 s 5,\ns 6; A2017-21 amdt 1.12\nInterviewing children and young people about offences\ns 252G ins A2008-19 amdt 1.17\nam A2022-13 s 71\n\nInterviewing children and young people about offences—urgent\ncircumstances\ns 252H ins A2008-19 amdt 1.17\nParents etc to be told if children and young people under restraint\ns 252I ins A2008-19 amdt 1.17\nPolice to summons young people unless ineffective\ns 252J hdg sub A2023-45 s 53\ns 252J ins A2008-19 amdt 1.17\nam A2023-45 s 54\nParents etc to be told if young people charged\ns 252K hdg sub A2023-45 s 55\ns 252K ins A2008-19 amdt 1.17\nam A2023-45 s 56\nInvestigations relating to acquittals\ndiv 10.8 hdg ins A2016-36 s 10\nAuthorisation of police investigations—acquitted person\ns 252L ins A2016-36 s 10\nFortification of premises\ndiv 10.9 hdg ins A2018-5 s 5\nDefinitions—div 10.9\ns 252M ins A2018-5 s 5\ndef compliance period ins A2018-5 s 5\ndef fortification ins A2018-5 s 5\ndef fortification inspection order ins A2018-5 s 5\ndef fortification offence ins A2018-5 s 5\ndef fortification removal order ins A2018-5 s 5\ndef occupier ins A2018-5 s 5\nFortification removal order—application for order or variation\ns 252N ins A2018-5 s 5\nFortification removal order\ns 252O ins A2018-5 s 5\nFortification removal order—length\ns 252P ins A2018-5 s 5\nFortification removal order—compliance period\ns 252Q ins A2018-5 s 5\nFortification removal order—inspection\ns 252R ins A2018-5 s 5\nFortification removal order—removal by police\ns 252S ins A2018-5 s 5\n\nFortification inspection order—application for order or variation\ns 252T ins A2018-5 s 5\nFortification inspection order\ns 252U ins A2018-5 s 5\nFortification inspection order—length\ns 252V ins A2018-5 s 5\nFortification inspection order—inspection\ns 252W ins A2018-5 s 5\nExercising powers—announce entry and explain purpose\ns 252X ins A2018-5 s 5\nExercising powers—occupier entitled to be present during inspection\ns 252Y ins A2018-5 s 5\nExercising powers—use reasonable force\ns 252Z ins A2018-5 s 5\nPremises must not be fortified\ns 252ZA ins A2018-5 s 5\nFortification must not be replaced or restored\ns 252ZB ins A2018-5 s 5\ns 252ZC ins A2018-5 s 5\nChief police officer delegations\ns 252ZD ins A2018-5 s 5\nInvestigation of extra-territorial offences\npt 10A hdg renum as pt 11 hdg\nInvestigation of extraterritorial offences\npt 11 hdg (prev pt 10A hdg) ins A1994-75 s 8\nForgery etc of public seals or official signatures\nhdg before s 253 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nInterpretation for pt 11\ns 253 orig s 253 om Ord1983-27 sch 3\npres s 253 (prev s 358A) ins Ord1984-32 s 4\nam Ord1990-5 sch 2; A1994-75 sch 1; A2001-44 amdt 1.997\nam A2008-44 amdt 1.31\ndef appropriate authority ins Ord1984-32 s 4\ndef corresponding law ins Ord1984-32 s 4\nsub A2001-44 amdt 1.996\ndef night ins Ord1984-32 s 4\n\ndef offence to which this Act applies ins Ord1984-32 s 4\ndef owner ins Ord1984-32 s 4\ndef premises ins Ord1984-32 s 4\ndef reciprocating State ins Ord1984-32 s 4\ndef search warrant ins Ord1984-32 s 4\nam A1994-75 sch 1\ndef telephone ins Ord1984-32 s 4\nDeclaration of corresponding law\ns 254 orig s 254 om Ord1983-27 sch 3\npres s 254 (prev s 358AA) ins A2001-44 amdt 1.998\nam A2011-52 amdt 3.60; A2025-29 amdt 4.45\nForgery of acts, proclamations etc\nhdg before s 255 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nIssue of search warrants\ns 255 orig s 255 am Ord1983-27 sch 1; Ord1983-55 sch\npres s 255 (prev s 358B) ins Ord1984-32 s 4\nForgery etc of transfers of stock etc\nhdg before s 256 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAuthority given by search warrant\ns 256 orig s 256 am Ord1983-27 sch 1\npres s 256 (prev s 358C) ins Ord1984-32 s 4\nOffence of hindering execution of search warrant\ns 257 orig s 257 am Ord1983-27 sch 1\npres s 257 (prev s 358D) ins Ord1984-32 s 4\nMinisterial arrangements for transmission and return of objects seized under\npt 11 or corresponding law\ns 258 hdg (prev s 358E hdg) am A1994-75 note\ns 258 orig s 258 am Ord1983-27 sch 1\npres s 258 (prev s 358E) ins Ord1984-32 s 4\nam A1994-75 sch 1\nam A2002-49 amdt 3.26\n\nMeaning of statute and Act in indictments etc\ns 259 orig s 259 om Ord1983-27 sch 3\nprev s 259 (prev s 359) renum R9 LA (see A2001-63 s 43)\nom A2002-49 amdt 3.27\nUnfitness to plead, mental illness and mental dysfunction\npt 11A hdg renum as pt 13 hdg\ndiv 11A.1 hdg renum as div 13.1 hdg\nUnfitness to plead\ndiv 11A.2 hdg renum as div 13.2 hdg\nAcquittal on grounds of mental impairment\ndiv 11A.3 hdg renum as div 13.3 hdg\nDismissal by magistrates court on grounds of mental impairment\ndiv 11A.3A hdg renum as div 13.4 hdg\nReferral of mentally dysfunctional or mentally ill persons to Tribunal\nfollowing conviction\ndiv 11A.4 hdg renum as div 13.5 hdg\nSummary proceedings against mentally dysfunctional or mentally ill persons\ndiv 11A.5 hdg renum as div 13.6 hdg\npt 11B hdg renum as pt 14 hdg\nProcedure, evidence, verdict etc\npt 12 hdg (prev pt 11 hdg) renum R9 LA (see A2001-63 s 43)\nGeneral principles and procedures\npt 12 div 1 hdg renum as div 15.1 hdg\nPre-sentence reports\npt 12 div 2 hdg renum as div 15.2 hdg\nForgery of India bonds, Exchequer bills etc\nhdg before s 260 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWhat defects do not vitiate indictment\ns 260 orig s 260 om Ord1983-27 sch 3\npres s 260 (prev s 360) am Ord1983-27 sch 2\nFormal objections—when to be taken\ns 261 orig s 261 om Ord1983-27 sch 3\npres s 261 (prev s 362) renum R9 LA (see A2001-63 s 43)\n\nJudgment on demurrer to indictment\ns 262 orig s 262 om Ord1983-27 sch 3\npres s 262 (prev s 363) am Ord1983-27 sch 2\nTraversing indictment\ns 263 orig s 263 om Ord1983-27 sch 3\npres s 263 (prev s 364) renum R9 LA (see A2001-63 s 43)\nam A2006-23 amdt 1.62\nForgery etc of stamps, or having forged dies etc\nhdg before s 264 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOrders for amendment of indictment, separate trial and postponement of trial\ns 264 orig s 264 om Ord1983-27 sch 3\npres s 264 (prev s 365) sub Ord1963-11 s 22\nam A1992-9 s 8\nForgery etc of, or engraving plate etc for, bank notes etc\nhdg before s 265 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAmended indictment\ns 265 orig s 265 am Ord1983-27 sch 1, sch 2\npres s 265 (prev s 366) sub Ord1963-11 s 22\nam A2002-49 amdt 3.28\nVerdict and judgment valid after amendment\ns 266 orig s 266 am Ord1983-27 sch 1, sch 2\npres s 266 (prev s 367) renum R9 LA (see A2001-63 s 43)\nForm of record after amendment\ns 267 orig s 267 am Ord1983-27 sch 1, sch 2\npres s 267 (prev s 368) renum R9 LA (see A2001-63 s 43)\nRespiting undertakings on postponement\ns 268 orig s 268 om Ord1986-15 s 6\npres s 268 (prev s 369) am A1992-9 s 9\nSeparate offences—when can be joined\ns 269 orig s 269 am Ord1983-27 sch 1, sch 2\npres s 269 (prev s 370) am Ord1983-27 sch 2\n\nAccessories may be charged together in 1 indictment\ns 270 orig s 270 am Ord1983-27 sch 1\npres s 270 (prev s 371) am Ord1983-27 sch 2\nForgery etc of wills, deeds, bills of exchange etc\nhdg before s 271 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nIndictment charging previous offence also\ns 271 orig s 271 am Ord1983-27 sch 1\npres s 271 (prev s 372) renum R9 LA (see A2001-63 s 43)\nProperty of partners or joint owners\ns 272 orig s 272 am Ord1983-27 sch 1\npres s 272 (prev s 373) am Ord1985-44 s 7\nDescription of written instruments\ns 273 orig s 273 am Ord1983-27 sch 1\npres s 273 (prev s 374) renum R9 LA (see A2001-63 s 43)\ns 274 orig s 274 am Ord1983-27 sch 1\npres s 274 (prev s 375) renum R9 LA (see A2001-63 s 43)\nIndictment for murder or manslaughter\ns 275 orig s 275 am Ord1983-27 sch 1\npres s 275 (prev s 376) am Ord1983-55 sch; Ord1990-2 s 7\nForm of indictment against accessories to murder\ns 276 orig s 276 am Ord1983-27 sch 1\npres s 276 (prev s 378) am Ord1983-27 sch 2; Ord1983-55\nsch\nForgery of instruments etc made by judges, officers of court, justices of the\npeace etc or of signature thereto\nhdg before s 277 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nAddition of count for assault\ns 277 orig s 277 am Ord1983-27 sch 1, sch 2\npres s 277 (prev s 380) am Ord1983-27 sch 2\nIndictment for perjury\ns 278 orig s 278 am Ord1983-27 sch 1\npres s 278 (prev s 392) renum R9 LA (see A2001-63 s 43)\nom A2005-53 amdt 1.40\nForgery etc of records etc or copies thereof\nhdg before s 279 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nIndictments for conspiracy\ns 279 orig s 279 om Ord1983-27 sch 3\npres s 279 (prev s 393) renum R9 LA (see A2001-63 s 43)\nArraignment etc on charge of previous conviction\ns 280 orig s 280 am Ord1983-27 sch 2; Ord1983-55 sch\npres s 280 (prev s 394) renum R9 LA (see A2001-63 s 43)\nam A2002-49 amdt 3.29, amdt 3.30\nTreason trials\ns 280A reloc from Law Reform (Miscellaneous Provisions) Act 1955\ns 61 by A2006-38 amdt 1.6\nPlea of not guilty\ns 281 orig s 281 am Ord1983-27 sch 1, sch 2\npres s 281 (prev s 395) renum R9 LA (see A2001-63 s 43)\nRefusal to plead\ns 282 orig s 282 am Ord1983-27 sch 1\npres s 282 (prev s 396) renum R9 LA (see A2001-63 s 43)\nPlea of autrefois convict etc\ns 283 orig s 283 am Ord1983-27 sch 1\npres s 283 (prev s 399) renum R9 LA (see A2001-63 s 43)\nForgery etc of instruments of evidence\nhdg before s 284 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPractice as to entering the dock\ns 284 orig s 284 am Ord1983-27 sch 1\npres s 284 (prev s 400) am Ord1983-27 sch 2; Ord1987-3 s 7\n\nAccused may be defended by lawyer\ns 285 orig s 285 am Ord1983-27 sch 1, sch 2\npres s 285 (prev s 402) am A1997-96 sch 1\nsub A2002-49 amdt 3.31\nRight to inspect depositions on trial\ns 286 orig s 286 am Ord1983-27 sch 2\npres s 286 (prev s 403) renum R9 LA (see A2001-63 s 43)\nPower of judge to record verdict of acquittal\ns 287 orig s 287 am Ord1983-55 sch\npres s 287 (prev s 404) ins Ord1984-78 s 21\nNotice of alibi\ns 288 orig s 288 am Ord1983-27 sch 1\nprev s 288 (prev s 406) ins Ord1984-78 s 22\nam A1997-96 sch 1\nam A2002-49 amdt 3.32; A2006-23 amdt 1.63\nAbolition of presumption of marital coercion\ns 289 orig s 289 am Ord1983-27 sch 1; Ord1983-55 sch\nprev s 289 (prev s 407) ins A1999-71 s 4\nIncriminating statements admissible though on oath\ns 290 orig s 290 am Ord1983-27 sch 1, sch 2\npres s 290 (prev s 411) am Ord1983-27 sch 2\nEvidence of previous conviction charged in indictment\ns 291 orig s 291 am Ord1983-27 sch 1, sch 2\npres s 291 (prev s 414) renum R9 LA (see A2001-63 s 43)\nProof of lawful authority or excuse\ns 292 orig s 292 am Ord1983-27 sch 1, sch 2\npres s 292 (prev s 417) renum R9 LA (see A2001-63 s 43)\nForgery of instruments etc under Registration of Deeds Acts\nhdg before s 293 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nOn trial for perjury presumption of authority to administer oath etc\ns 293 orig s 293 am Ord1983-27 sch 1, sch 2\nprev s 293 (prev s 423) renum R9 LA (see A2001-63 s 43)\nom A2005-53 amdt 1.40\nFalsely acknowledging recognizances etc\nhdg before s 294 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOrder of closing addresses\ns 294 orig s 294 am Ord1983-27 sch 1; Ord1984-78 s 16\npres s 294 (prev s 423A) ins A1998-57 s 4\nForgery etc of matters relating to marriage\nhdg before s 295 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWitnesses in mitigation\ns 295 orig s 295 om Ord1983-27 sch 3\npres s 295 (prev s 424) renum R9 LA (see A2001-63 s 43)\nsub A2002-49 amdt 3.33\nFalsifying entries of births, deaths etc\nhdg before s 296 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nConviction for alternative offence\ns 296 orig s 296 om Ord1983-27 sch 3\npres s 296 (prev s 425) am Ord1983-27 sch 2\nAfter trial for offence, if alternative verdict possible, no further prosecution\ns 297 orig s 297 om Ord1983-27 sch 3\npres s 297 (prev s 426) am Ord1983-27 sch 2\nObtaining or demanding property on forged instruments\nhdg before s 298 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOn trial for any offence—verdict of attempt\ns 298 orig s 298 am Ord1983-27 sch 1\npres s 298 (prev s 427) am Ord1983-27 sch 2\nForging or fraudulent use of trade-marks\nhdg before s 299 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nMultiple alternative verdicts\ns 299 orig s 299 om Ord1983-27 sch 3\npres s 299 (prev s 427A) ins Ord1990-2 s 8\n\nUnfitness to plead and mental impairment\npt 13 hdg orig pt 13 hdg renum as pt 16 hdg\npres pt 13 hdg (prev pt 11A hdg) ins A1994-46 s 4\nsub A2006-14 amdt 1.10\ndiv 13.1 hdg (prev pt 11A div 1 hdg) ins A1994-46 s 4\nInterpretation and general clauses\nhdg before s 300 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDefinitions for pt 13\ns 300 orig s 300 om Ord1983-27 s 31\npres s 300 (prev s 428B) ins A1994-46 s 4\nam A2008-19 amdt 1.18\ndef ACAT ins A2008-36 amdt 1.235\ndef accused ins A1999-32 s 5 s 5\ndef alternative offence ins A2004-16 s 4\ndef conduct ins A2004-16 s 4\ndef counterfeit coin, resembling or apparently intended to\nresemble, any of the Queens gold or silver coin om\nOrd1983-27 s 31\ndef court ins A1994-46 s 4\nom A2002-49 amdt 3.34\ndef defendant ins A1999-32 s 5\nsub A2004-60 amdt 1.107\ndef engage in conduct ins A2004-16 s 4\ndef forensic mental health order ins A2014-51 amdt 1.6\ndef mental dysfunction ins A1994-46 s 4\nom A2006-14 amdt 1.11\ndef mental health order ins A1994-46 s 4\nsub A2005-48 amdt 1.2\ndef mental illness ins A1999-32 s 5\nam A2005-48 amdt 1.3\nom A2006-14 amdt 1.11\ndef Queen’s gold or silver coins om Ord1983-27 s 31\ndef Queen’s copper coin om Ord1983-27 s 31\ndef Queen’s current coin om Ord1983-27 s 31\ndef serious offence ins A1994-46 s 4\nam A2008-44 amdt 1.32\nsub A2024-16 s 7\ndef special hearing ins A1994-46 s 4\nam A2005-7 s 6\ndef tribunal ins A1994-46 s 4\nom A2008-36 amdt 1.236\n\nLimitation on orders and detention—non-acquittals\ns 301 orig s 301 om Ord1983-27 s 31\npres s 301 (prev s 428C) ins A1994-46 s 4\nsub A1999-32 s 6\nam A2008-36 amdt 1.246; A2014-51 amdts 1.7-1.9\nLimitation on orders and detention—acquittals\ns 302 orig s 302 om Ord1983-27 s 31\npres s 302 (prev s 428CA) ins A1999-32 s 6\nam A2008-36 amdt 1.246; A2014-51 amdts 1.10-1.12\nLimitation on Supreme Court orders\ns 303 orig s 303 om Ord1983-27 s 31\npres s 303 (prev s 428CB) ins A1999-32 s 6\nam A2014-51 amdt 1.13\nLimitation on orders and detention—dismissal of charge\ns 304 orig s 304 om Ord1983-27 s 31\npres s 304 (prev s 428CC) ins A1999-32 s 6\nam A2008-36 amdt 1.246; A2014-51 amdts 1.14-1.16\nLimitation on orders and detention—Magistrates Court\ns 305 orig s 305 om Ord1983-27 s 31\npres s 305 (prev s 428CD) ins A1999-32 s 6\nam A2008-36 amdt 1.246; A2014-51 amdts 1.17-1.19\nLimitation on Magistrates Court orders\ns 306 orig s 306 om Ord1983-27\npres s 306 (prev s 428CE) ins A1999-32 s 6\nam A2014-51 amdt 1.20\nHow relevant court may inform itself\ns 307 orig s 307 om Ord1983-27 s 31\npres s 307 (prev s 428CF) ins A1999-32 s 6\nCriteria for detention\ns 308 orig s 308 om Ord1983-27 s 31\npres s 308 (prev s 428D) ins A1994-46 s 4\nam A1999-32 s 7\nam A2006-14 amdt 1.12; A2006-23 amdt 1.64; A2008-36\namdt 1.237\n\nAssessment whether emergency detention required\ns 309 orig s 309 om Ord1983-27 s 31\npres s 309 (prev s 428DA) ins A1999-32 s 8\nam A2004-14 amdt 2.2; A2005-48 amdt 1.4; A2006-14\namdt 1.13, amdt 1.14; A2006-23 amdt 1.65; A2008-36\namdt 1.246; A2014-51 amdts 1.21-1.27; A2015-38 amdt 2.70\nUnfitness to plead\ndiv 13.2 hdg (prev pt 11A div 2 hdg) ins A1994-46 s 4\nApplication of div 13.2\ns 310 orig s 310 om Ord1983-27 s 31\npres s 310 (prev s 428E) ins A1994-46 s 4\nam A1999-32 s 9\nWhen a person is unfit to plead\ns 311 orig s 311 om Ord1983-27 s 31\npres s 311 (prev s 428F) ins A1994-46 s 4\nPresumption of fitness to plead, standard of proof etc\ns 312 orig s 312 om Ord1983-27 s 31\npres s 312 (prev s 428FA) ins A1999-32 s 10\nWho can raise question of unfitness to plead\ns 313 orig s 313 om Ord1983-27 s 31\npres s 313 (prev s 428G) ins A1994-46 s 4\nam A1999-32 s 11\nProcedure if question raised\ns 314 orig s 314 om Ord1983-27 s 31\npres s 314 (prev s 428H) ins A1994-46 s 4\nam A1999-32 s 12\nCounterfeiting or uttering the Queen’s copper coin\nhdg before s 315 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nProcedure if question reserved for investigation\ns 315 orig s 315 om Ord1983-27 s 31\npres s 315 (prev s 428I) ins A1994-46 s 4\nam A1999-32 s 13\nam A2006-14 amdt 1.15; A2006-23 amdt 1.66; A2010-10\namdt 2.21\nInvestigation into fitness to plead\ns 315A ins A2005-7 s 7\nam A2010-10 amdt 2.21\nPerson found fit to plead\ns 315B ins A2005-7 s 7\nPerson found unfit to plead and unlikely to become fit to plead\ns 315C ins A2005-7 s 7\nPerson found temporarily unfit to plead\ns 315D ins A2005-7 s 7\nam A2008-36 amdt 1.238; A2010-10 amdt 2.21; A2014-51\namdt 1.34\nSpecial hearing\ns 316 hdg sub A2005-7 s 8\ns 316 orig s 316 om Ord1983-27 s 31\npres s 316 (prev s 428J) ins A1994-46 s 4\nam A1999-32 s 14; R9 LA (see A2001-63 s 43)\nam A2004-16 s 5; A2005-7 s 9, s 10; A2008-36 amdt 1.239;\nA2018-12 s 5\nVerdicts available at special hearing\ns 317 orig s 317 om Ord1983-27 s 31\npres s 317 (prev s 428K) ins A1994-46 s 4\nam A1999-32 s 15; R9 LA (see A2001-63 s 43)\nam A2004-16 ss 6-8\nCounterfeiting or uttering foreign coin\nhdg before s 318 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nNon-acquittal at special hearing—non-serious offence\ns 318 orig s 318 om Ord1983-27 s 31\npres s 318 (prev s 428L) ins A1994-46 s 4\nam A1999-32 s 16\nam A2004-16 s 9; A2008-36 amdt 1.240; A2014-51 amdt 1.28;\nA2015-38 amdt 2.70\n\nNon-acquittal at special hearing—serious offence\ns 319 orig s 319 om Ord1983-27 s 31\npres s 319 (prev s 428M) ins A1994-46 s 4\nam A1999-32 s 17\nam A2004-16 s 10; A2008-36 amdt 1.246; A2014-51\namdt 1.29; A2015-38 amdt 2.70\nAction if accused becomes fit to plead after special hearing\ns 319A ins A2004-16 s 11\nam A2005-7 s 11; A2008-36 amdt 1.241; A2015-38 amdt 2.70\nSupreme Court—special verdict of not guilty because of mental impairment\ndiv 13.3 hdg (prev pt 11A div 3 hdg) ins A1994-46 s 4\nam A1999-32 s 18\nsub A2006-14 amdt 1.16\nAcquittal on grounds of mental impairment\ns 320 orig s 320 om Ord1983-27 s 31\nprev s 320 (prev s 428N) ins A1994-46 s 4\nam A1999-32 s 19\nom A2006-14 amdt 1.17\nSupreme Court—plea of not guilty because of mental impairment\ns 321 orig s 321 om Ord1983-27 s 31\npres s 321 (prev s 428O) ins A1994-46 s 4\nam A1999-32 s 20\nsub A2006-14 amdt 1.18\nExplanation to jury\ns 322 orig s 322 om Ord1983-27 s 31\npres s 322 (prev s 428P) ins A1994-46 s 4\nam A1999-32 s 21\nam A2006-14 amdt 1.19\nImporting or exporting counterfeit coin\nhdg before s 323 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nSupreme Court orders following special verdict of not guilty because of\nmental impairment—non-serious offence\ns 323 hdg sub A2006-14 amdt 1.20\ns 323 orig s 323 om Ord1983-27 s 31\npres s 323 (prev s 428Q) ins A1994-46 s 4\nam A1999-32 s 22\nam A2006-14 amdt 1.21; A2008-36 amdt 1.246; A2014-51\namdt 1.30; A2015-38 amdt 2.70\nMaking or having etc tools for coining\nhdg before s 324 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSupreme Court orders following special verdict of not guilty because of\nmental impairment—serious offence\ns 324 hdg sub A2006-14 amdt 1.22\ns 324 orig s 324 om Ord1983-27 s 31\npres s 324 (prev s 428R) ins A1994-46 s 4\nam A1999-32 s 23\nam A2006-14 amdt 1.23; A2008-36 amdt 1.246\nsub A2014-51 amdt 1.31\nMagistrates Court—finding of not guilty because of mental impairment\ndiv 13.4 hdg (prev pt 11A div 3A hdg) ins A1999-32 s 24\nsub A2006-14 amdt 1.24\nMeaning of serious offence in div 13.4\ns 325 orig s 325 om Ord1983-27 s 31\npres s 325 (prev s 428RA) ins A1999-32 s 24\nProvisions for cutting suspected coin\nhdg before s 326 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDismissal on grounds of mental impairment\ns 326 orig s 326 om Ord1983-27 s 31\nprev s 326 (prev s 428RB) ins A1999-32 s 24\nom A2006-14 amdt 1.25\nMagistrates Court—plea of not guilty because of mental impairment\ns 327 orig s 327 renum as s 167\npres s 327 (prev s 428RC) ins A1999-32 s 24\nsub A2006-14 amdt 1.26\n\nMagistrates Court orders following finding of not guilty because of mental\nimpairment—non-serious offence\ns 328 hdg sub A2006-14 amdt 1.27\ns 328 orig s 328 renum as s 168\npres s 328 (prev s 428RD) ins A1999-32 s 24\nam A2006-14 amdt 1.28; A2008-36 amdt 1.246; A2014-51\namdt 1.32; A2015-38 amdt 2.70\nMagistrates Court orders following finding of not guilty because of mental\nimpairment—serious offence\ns 329 hdg sub A2006-14 amdt 1.29\ns 329 orig s 329 renum as s 169\npres s 329 (prev s 428RE) ins A1999-32 s 24\nam A2006-14 amdt 1.30; A2008-36 amdt 1.246\nsub A2014-51 amdt 1.33\nReferring people with mental impairment to ACAT after conviction\ndiv 13.5 hdg (prev pt 11A div 4 hdg) ins A1994-46 s 4\nam A1999-32 s 25\nsub A2006-14 amdt 1.31; A2008-36 amdt 1.242\nApplication of div 13.5\ns 330 orig s 330 renum as s 170\npres s 330 (prev s 428S) ins A1994-46 s 4\nam A1999-32 s 26\nam A2006-14 amdt 1.32\nReferral to ACAT\ns 331 hdg am A2008-36 amdt 1.246\ns 331 orig s 331 renum as s 171\npres s 331 (prev s 428T) ins A1994-46 s 4\nam A1999-32 s 27\nam A2006-14 amdt 1.33, amdt 1.34; A2008-36 amdt 1.246;\nA2014-51 amdt 1.34\nSummary proceedings against mentally impaired people\ndiv 13.6 hdg (prev pt 11A div 5 hdg) ins A1994-46 s 4\nam A1999-32 s 28\nsub A2006-14 amdt 1.35\n\nApplication of div 13.6\ns 332 orig s 332 renum as s 172\npres s 332 (prev s 428U) ins A1994-46 s 4\nIndictable offences heard and determined summarily\ns 333 orig s 333 renum as s 173\npres s 333 (prev s 428V) ins A1994-46 s 4\nam A1999-32 s 29\nam A2006-14 amdt 1.36\nPowers of Magistrates Court\ns 334 orig s 334 om Ord1983-27 sch 3\nprev s 334 renum as s 174\npres s 334 (prev s 428W) ins A1994-46 s 4\nam A1999-32 s 30; R9 LA (see A2001-63 s 43)\nam A2005-48 amdt 1.5; A2006-14 amdts 1.37-1.39; A2006-23\namdt 1.67; A2008-36 amdt 1.246; A2014-51 amdt 1.34;\nA2015-38 amdt 2.71\nFitness to plead—Magistrates Court\ns 335 orig s 335 om Ord1983-27 sch 3\npres s 335 (prev s 428WA) ins A1999-32 s 31\nam A2004-16 ss 12-14; A2005-7 s 12, s 13; A2008-36\namdt 1.246; A2014-51 amdt 1.34\nAction if accused becomes fit to plead after hearing\ns 335A ins A2004-16 s 15\nam A2005-7 s 14; A2008-36 amdt 1.243; A2015-38 amdt 2.72\nHow Magistrates Court may be informed\ns 336 orig s 336 om Ord1983-27 sch 3\npres s 336 (prev s 428X) ins A1994-46 s 4\nsub A2002-11 amdt 2.24\nTransitional\ndiv 13.7 hdg ins A2004-16 s 16\nIntoxication\npt 14 hdg orig pt 14 hdg renum as pt 17 hdg\nprev pt 14 hdg (prev pt 11B hdg) ins A2000-58 s 4\n\nCertain indictable offences punishable summarily\npt 14 ch 1 hdg sub Ord1951-14 s 11\nom Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOffences punishable summarily in certain cases by whipping\npt 14 ch 2 hdg om Ord1974-17 s 12\nOther offences punishable summarily\npt 14 ch 3 hdg om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nProcedure etc before justices\npt 14 ch 4 hdg om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSentences\npt 15 hdg (prev pt 12 hdg) renum R9 LA (see A2001-63 s 43)\nObjects of corrections legislation\ndiv 15.1A hdg ins A2004-61 s 4 (A2004-61 rep before commenced by\nA2006-23 s 6 (1))\nObjects\ns 337 orig s 337 om Ord1983-27 sch 3\nprev s 337 (prev s 428XA) ins A2000-58 s 4\nprev s 337 ins A2004-16 s 16\nprev s 337 ins A2004-61 s 4 (A2004-61 rep before\nAchieving the objects\ns 338 orig s 338 om Ord1983-27 sch 3\nprev s 338 (prev s 428XB) ins A2000-58 s 4\nprev s 337 ins A2004-16 s 16\nprev s 338 ins A2004-61 s 4 (A2004-61 rep before\nWhat is corrections legislation?\ns 339 orig s 339 om Ord1983-27 sch 3\nprev s 339 (prev s 428XC) ins A2000-58 s 4\nprev s 339 ins A2004-61 s 4 (A2004-61 rep before\n\nGeneral principles and procedures\ndiv 15.1 hdg (prev pt 12 div 1 hdg) ins A1993-73 s 5\nMeaning of victim in pt 12\ns 340 orig s 340 renum as s 175\nprev s 340 (prev s 428Y) ins A1994-84 s 11\nPurposes for which sentence imposed\ns 341 orig s 341 renum as s 176\nprev s 341 (prev s 429) sub Ord1951-14 s 10\nom Ord1986-14 s 3\nprev s 341 ins A1993-73 s 5\nsub A1998-9 s 4\nMatters to which court to have regard\ns 342 orig s 342 renum as s 177\nprev s 342 (prev s 429A) ins A1993-73 s 5\nam A1997-10 s 8; A1997-117 s 4; A1998-9 s 5; R9 LA (see\nam A2004-65 s 77; A2006-5 s 20\nVictim impact statements\ns 343 orig s 343 renum as s 178\nprev s 343 (prev s 429AB) ins A1994-84 s 12\nMatters not to be taken into account\ns 344 orig s 344 renum as s 179\nprev s 344 (prev s 429B) ins A1993-73 s 5\nam A1998-9 s 6; R9 LA (see A2001-63 s 43)\nam A2003-8 amdt 1.9, amdt 1.10; A2004-65 s 78\nRestriction on imposing sentences of imprisonment\ns 345 orig s 345 om Ord1983-27 sch 3\nprev s 345 renum as s 180\nprev s 345 (prev s 429C) ins A1993-73 s 5\n\nSentences—imprisonment and fines\ns 346 orig s 346 om Ord1983-27 sch 3\nprev s 346 renum as s 181\nprev s 346 (prev s 430) ins Ord1983-55 s 15\nFine instead of imprisonment\ns 347 orig s 347 om Ord1983-27 sch 3\nprev s 347 renum as s 182\nprev s 347 (prev s 431) ins Ord1985-44 s 8\nFines\ns 348 orig s 348 om Ord1983-27 sch 3\nprev s 348 renum as s 183\nprev s 348 (prev s 431A) ins A1993-73 s 6\nTheft of motor vehicle—cancellation of licence\ns 349 orig s 349 renum as s 184\nprev s 349 (prev s 432) ins Ord1986-57 s 5\nam A1997-52 s 22; A1999-79 s 5 sch 3\nom A2004-15 amdt 3.10\ns 349AA renum as s 185\nApplication of Part\ns 349AB renum as s 186\nApplication of Cwlth Crimes Act, pt 1C\ns 349AC renum as s 187\nPolice powers of entry\ns 349A renum as s 188\nIssue of warrant\ns 349B renum as s 189\nEntry in emergencies\ns 349C renum as s 190\nSeizure of weapon\ns 349D renum as s 191\nSeizure of firearms—protection and restraining orders\ns 349DA renum as s 192\n\nPower to conduct search of person for knife\ns 349DB renum as s 193\nWhen search warrants can be issued\ns 349E renum as s 194\nThe things that are authorised by search warrant\ns 349F renum as s 195\nAvailability of assistance and use of force in executing warrant\ns 349G renum as s 196\nDetails of warrant to be given to occupier etc\ns 349H renum as s 197\nSpecific powers available to police officers executing warrant\ns 349J renum as s 198\nUse of equipment to examine or process things\ns 349K renum as s 199\nUse of electronic equipment at premises\ns 349L renum as s 200\nCompensation for damage to electronic equipment\ns 349M renum as s 201\nCopies of seized things to be provided\ns 349N renum as s 202\nOccupier entitled to be present during search\ns 349P renum as s 203\nReceipts for things seized under warrant\ns 349Q renum as s 204\nWarrants by telephone or other electronic means\ns 349R renum as s 205\nRestrictions on personal searches\ns 349S renum as s 206\nStopping, searching and detaining people\ns 349SA renum as s 207\nHow a police officer exercises a power under s 349SA\ns 349SB renum as s 208\nSearches without warrant in emergency situations\ns 349T renum as s 209\nHow a police officer exercises a power under section 349T\ns 349U renum as s 210\n\nRequirement to furnish name etc\ns 349V renum as s 211\nPower of arrest without warrant by police officers\ns 349W renum as s 212\nArrest without warrant in possession\ns 349X renum as s 213\nArrest of prisoner unlawfully at large\ns 349Y renum as s 214\nPower of arrest without warrant of person on bail\ns 349Z renum as s 215\nArrest for breach of bail conditions by person outside the Territory\ns 349ZA renum as s 216\nArrest without warrant for offences committed outside the Territory\ns 349ZB renum as s 217\nPower of arrest without warrant by other persons\ns 349ZC renum as s 218\nWarrants for arrest\ns 349ZD renum as s 219\nPower to enter premises to arrest offender\ns 349ZE renum as s 220\nUse of force in making arrest\ns 349ZF renum as s 221\nPersons to be informed of grounds of arrest\ns 349ZG renum as s 222\nPower to conduct frisk search of arrested person\ns 349ZH renum as s 223\nPower to conduct ordinary search of arrested person\ns 349ZJ renum as s 224\nPower to conduct search of arrested person’s premises\ns 349ZK renum as s 225\nPower to conduct ordinary search\ns 349ZL renum as s 226\nPower to conduct strip search\ns 349ZM renum as s 227\nRules for conduct of strip search\ns 349ZN renum as s 228\n\nSafekeeping of things seized\ns 349ZO renum as s 229\nTaking fingerprints, recordings, samples of handwriting or photographs\ns 349ZP renum as s 230\nDestruction of identification material\ns 349ZQ renum as s 231\nOffence of refusing to allow identification material to be taken\ns 349ZR renum as s 232\nIdentification parades—general\ns 349ZS renum as s 233\nIdentification parades for suspects under 18 etc\ns 349ZT renum as s 234\nIdentification by means of photographs\ns 349ZU renum as s 235\nIdentification procedures where there is more than 1 suspect\ns 349ZV renum as s 236\nDescriptions\ns 349ZW renum as s 237\nExamination\ns 349ZX renum as s 238\nAssisting officers—search and arrest of persons\ns 349ZY renum as s 239\nConduct of ordinary searches and frisk searches\ns 349ZZ renum as s 240\nAnnouncement before entry\ns 349ZZA renum as s 241\nOffence of making false statements in warrants\ns 349ZZB renum as s 242\nOffences relating to telephone warrants\ns 349ZZC renum as s 243\nRetention of knife or thing which is seized\ns 349ZZD renum as s 244\nMagistrates Court may permit a thing to be retained\ns 349ZZE renum as s 245\nLaw relating to legal professional privilege not affected\ns 349ZZF renum as s 246\n\nLaws relating to taking forensic samples not affected\ns 349ZZG renum as s 247\nForfeiture of knife\ns 349ZZH renum as s 248\nReparation orders\ns 350 orig s 350 om Ord1983-27 sch 3\nprev s 350 renum as s 249\nprev s 350 (prev s 437) am Ord1983-27 sch 2; Ord1985-44 s 9\nsub Ord1986-57 s 6\nam Ord1990-1 s 3; A1991-18; A1999-91 s 12; A2001-44\namdt 1.999, amdt 1.1000; R9 LA (see A2001-63 s 43)\nam A2002-49 amdt 3.35, amdt 3.36; ss renum R20 LA (see\nA2002-49 amdt 3.37); A2003-8 amdt 1.11; ss renum R23 LA\n(see A2003-8 amdt 1.12); A2004-15 amdt 3.11, amdt 3.12;\nA2004-60 amdt 1.108\nForfeited articles to be dealt with by Public Trustee\ns 350A renum as s 250\nCosts etc payable to Public Trustee\ns 350B renum as s 251\nJudgment after sentence deferred\ns 351 orig s 351 om Ord1983-27 sch 3\nins Ord1983-55 s 12\nom A1994-86 s 4\nprev s 351 (prev s 441) am Ord1983-27 s 20\nApprehension of offenders\nhdg before s 352 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWhen sentence takes effect\ns 352 orig s 352 am Ord1983-27 s 19, sch 2; Ord1984-78 s 17;\nOrd1986-53 s 3\nprev s 352 (prev s 441A) ins Ord1983-27 s 21\nam A1993-73 s 7\nam A2002-50 s 22\nOffences committed outside Territory—power of arrest\ns 352A ins Ord1984-78 s 18\n\nProvision for passing sentences of less duration than those fixed\ns 353 orig s 353 am Ord1983-27 sch 2\nprev s 353 (prev s 442) sub Ord1963-11 s 23\nam Ord1974-17 s 6; Ord1986-57 s 7\nPower to search and medically examine a person and take fingerprints etc\ns 353A ins Ord1944-1 s 4\nam Ord1984-78 s 19; A1991-122 s 3\nSearch warrants\nhdg before s 354 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nConcurrent and cumulative sentences\ns 354 om Ord1983-27 sch 3\nins Ord1983-55 s 13\nam Ord1984-78 s 20\nom Ord1988-75 s 8\nins A1991-78 s 7\nsub A1993-3 s 4\nam A1994-75 s 7; A1999-50 s 20 sch; A1999-79 s 5 sch 3\nom A2001-63 s 36\n(prev s 443) am Ord1983-27 sch 1, sch 2\nsub Ord1986-57 s 8; A1993-73 s 8\nam A1998-29 s 4; A1999-64 sch 2\nSentences of imprisonment and uncompleted juvenile detention orders\ns 355 orig s 355 am Ord1983-27 sch 2\nprev s 355 (prev s 444) ins A1997-86 s 4\nsub A1999-64 s 4 sch 2\nPrevious sentences to be noted in new sentence\ns 356 orig s 356 om Ord1983-27 sch 3\nprev s 356 (prev s 446) renum R9 LA (see A2001-63 s 43)\nam A2002-49 amdt 3.38\n\nOutstanding charges may be taken into account when passing sentence\ns 357 orig s 357 om Ord1983-27 sch 3\nprev s 357 (prev s 448) ins Ord1983-27 s 23\nam Ord1985-16 s 3; A2001-44 amdt 1.1001\nam A2004-60 amdt 1.109\nDischarge of persons in custody\nhdg before s 358 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAppeal if promised cooperation not forthcoming\ns 358 orig s 358 renum as s 252\nprev s 358 (prev s 449) ins A1993-73 s 9\nDeclaration of corresponding law\ns 358AA orig s 358AA renum and reloc as s 152 and then s 158\nprev s 358AA renum as s 254\nAiding prisoner to escape\ns 358AB orig s 358AB renum and reloc as s 153 and then s 159\nEscaping\ns 358AC orig s 358AC renum and reloc as s 154 and then s 160\ns 358AD orig s 358AD renum and reloc as s 155 and then s 161\nPerson unlawfully at large\ns 358AE orig s 358AE renum and reloc as s 156 and then s 162\nPermitting escape\ns 358AF orig s 358AF renum and reloc as s 157 and then s 163\nHarbouring etc escapee\ns 358AG orig s 358AG renum and reloc as s 158 and then s 164\nEscaped prisoner—current sentence\ns 358AH orig s 358AH renum and reloc as s 159 and then s 165\nFailure to answer bail etc—offence\ns 358AI orig s 358AI renum and reloc as s 160 and then s 166\ns 358A renum as s 253\nIssue of search warrant\ns 358B renum as s 255\nAuthority conferred by search warrant\ns 358C renum as s 256\n\nOffence of hindering execution of search warrant\ns 358D renum as s 257\nMinisterial arrangements for transmission and return of objects seized under\nthis Part or under a corresponding law\ns 358E renum as s 258\nAs to indictment—form, venue, amendments etc\nhdg before s 359 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nCourt to explain sentence\ns 359 orig s 359 renum as s 259\nprev s 359 (prev s 450) ins A1993-73 s 9\nTime held in custody to count\ns 360 orig s 360 renum as s 260\nprev s 360 (prev s 451) ins A1993-73 s 9\nam A2002-50 s 23\nSentence to be adjusted if no remission laws apply\ns 361 orig s 361 om Ord1983-27 sch 3\nprev s 361 (prev s 452) ins A1993-73 s 9\nPre-sentence reports\ndiv 15.2 hdg (prev pt 12 div 2 hdg) ins A1993-73 s 9\nMeaning of authorised officer in div 15.2\ns 362 orig s 362 renum as s 261\nprev s 362 (prev s 453) ins A1993-73 s 9\ndef authorised officer ins A1993-73 s 9\nam A1994-38 sch 1 pt 21\nCourt may order pre-sentence reports\ns 363 orig s 363 renum as s 262\nprev s 363 (prev s 454) ins A1993-73 s 9\n\nContents of pre-sentence report\ns 364 orig s 364 renum as s 263\nprev s 364 (prev s 455) ins A1993-73 s 9\nam A2004-65 s 79\nCirculation of pre-sentence report\ns 365 orig s 365 renum as s 264\nprev s 365 (prev s 456) ins A1993-73 s 9\nRight of cross-examination on pre-sentence report\ns 366 orig s 366 renum as s 265\nprev s 366 (prev s 457) am Ord1983-27 sch 2\nom Ord1990-1 s 4\nprev s 366 ins A1993-73 s 9\nCommunity service orders\npt 15A hdg renum as pt 19 hdg\nGrant of pardon and remission of penalties\npt 15B hdg renum as pt 21 hdg\nProceedings after sentence\npt 16 hdg (prev pt 13 hdg) renum R9 LA (see A2001-63 s 43)\nProcedure on forfeiture\ns 367 orig s 367 renum as s 266\nprev s 367 (prev s 464) om Ord1983-27 sch 3\nprev s 367 ins Ord1986-15 s 9\nam A2002-49 amdt 3.39, amdt 3.40; A2004-15 amdt 3.13\nCommon law forfeiture in offences abolished\ns 368 orig s 368 renum as s 267\nprev s 368 (prev s 465) am Ord1983-27 sch 2\nDisabilities of offence\ns 369 orig s 369 renum as s 268\nprev s 369 (prev s 466) am Ord1983-27 sch 2\n\nEffect of reversing judgment\ns 370 orig s 370 renum as s 269\nprev s 370 (prev s 468) am Ord1990-5 sch 2\nWhat not sufficient to stay or reverse judgment\ns 371 orig s 371 renum as s 270\npres s 371 (prev s 472) renum R9 LA (see A2001-63 s 43)\nPronouncing proper judgment\ns 372 orig s 372 renum as s 271\npres s 372 (prev s 473) renum R9 LA (see A2001-63 s 43)\nNew trials regulated\ns 373 orig s 373 renum as s 272\npres s 373 (prev s 474) am Ord1983-27 sch 2\nOffences punishable summarily and summary procedure generally\npt 17 hdg ins A1999-79 s 5 sch 3\nom R9 LA\nins A2001-90 amdt 1.34\nom R11 LA\n(prev pt 14 hdg) sub Ord1983-55 s 23\nSummary disposal of certain cases at prosecutor’s election\ns 374 orig s 374 renum as s 273\nprev s 374 (prev s 476) am Ord1942-12 s 3\nsub Ord1951-14 s 11; Ord1974-17 s 11\nsub Ord1985-40 s 4\nom A2008-44 amdt 1.33\npres s 374 ins A2011-13 amdt 1.5\n(9), (10) exp 25 July 2014 (s 374 (10))\nam A2019-32 s 9; A2022-13 s 72, s 73; ss renum R137 LA;\nA2023-33 amdt 1.3; A2024-40 s 5\n\nSummary disposal of certain cases—Magistrates Court\ns 375 orig s 375 renum as s 274\npres s 375 (prev s 477) sub Ord1951-14 s 11\nam Ord1963-11 s 24\nsub Ord1974-17 s 11\nam Ord1983-27 s 24\nsub Ord1985-40 s 4\nam Ord1985-67 sch; Ord1985-75 s 2\nsub A2008-19 amdt 1.19\nam A2008-44 amdts 1.34-1.41; ss renum R61 LA; A2011-13\namdt 1.6; ss renum R75 LA; A2013-12 s 14, s 15; ss renum\nR83 LA; A2019-32 s 10; pars renum R124 LA\nsub A2023-33 s 4\nSummary disposal of certain cases—Childrens Court\ns 375AA ins A2023-33 s 4\nWithdrawal of consent to summary disposal of case\ns 375A ins A2008-44 amdt 1.42\nam A2009-24 amdt 1.6; A2023-33 amdt 1.4\nSaving of other summary jurisdiction\ns 376 orig s 376 renum as s 275\nprev s 376 (prev s 479) om Ord1951-14 s 11\npres s 376 ins Ord1974-17 s 11\nam Ord1985-40 s 5; Ord1985-67 sch\ns 377 orig s 377 om Ord1983-27 sch 3\npres s 377 (prev s 480) sub Ord1951-14 s 11; Ord1974-17\ns 11\nam Ord1983-27 s 26; Ord1985-40 s 6; Ord1985-67 sch;\nA1991-44 s 9\nam A2011-13 amdt 1.7; A2023-33 amdt 1.5\nSummary conviction or dismissal bar to indictment\ns 378 orig s 378 renum as s 276\npres s 378 (prev s 481) sub Ord1951-14 s 11; Ord1974-17\ns 11\nam Ord1983-27 s 27; Ord1985-40 s 7; Ord1985-67 sch\nam A2011-13 amdt 1.8; A2023-33 amdt 1.6, amdt 1.7\n\nMisbehaviour at public meetings\ns 379 orig s 379 om Ord1985-62 s 7\nprev s 379 (prev s 482) ins Ord1983-55 s 16\nam A2002-49 amdt 3.41\nPossession of offensive weapons and disabling substances\ns 380 hdg (prev s 493 hdg) sub A2001-8 amdt 1.9\ns 380 orig s 380 renum as s 277\npres s 380 (prev s 493) am Ord1983-27 sch 2\nsub Ord1987-3 s 8\nam A2001-8 amdt 1.10\nPossession of offensive weapons and disabling substances with intent\ns 381 hdg (prev s 494 hdg) sub A2001-8 amdt 1.11\ns 381 orig s 381 om Ord1985-62 s 7\npres s 381 (prev s 494) am Ord1983-27 sch 2; Ord1984-78\ns 23\nsub Ord1987-3 s 8\nam A2001-8 amdt 1.12\nPossession of knife in public place or school\ns 382 orig s 382 om Ord1985-44 sch\nprev s 382 (prev s 495) ins A1998-22 s 8\nSale of knife to person under 16\ns 383 orig s 383 om Ord1985-44 sch\nprev s 383 (prev s 496) ins A1998-22 s 8\nRetail supplier of knives to display sign\ns 384 orig s 384 am Ord1983-27 sch 2\nprev s 384 (prev s 497) ins A2000-56 s 4\nLaying of poison\ns 385 orig s 385 am Ord1983-27 sch 2\npres s 385 (prev s 510A) ins Ord1983-55 s 18\n\nUnlawful possession of money or goods\ns 386 orig s 386 om Ord1985-44 sch\nprev s 386 (prev s 527A) ins Ord1983-55 s 19\nam Ord1987-3 s 9; Ord1990-5 sch 2\nsub A2003-8 amdt 1.13\nForfeiture of unlawfully obtained money or goods\ns 386A ins A2003-8 amdt 1.13\nDisposal of forfeited money or goods by public trustee\ns 386B ins A2003-8 amdt 1.13\nReturn or compensation for forfeited money or goods\ns 386C ins A2003-8 amdt 1.13\nMaking false invoice\ns 387 orig s 387 om Ord1985-44 sch\npres s 387 (prev s 527B) ins Ord1984-78 s 24\ns 388 orig s 388 om Ord1985-44 sch\npres s 388 (prev s 543) am Ord1983-27 sch 2\nObstruction of stream etc\ns 389 orig s 389 om Ord1985-44 sch\nprev s 389 (prev s 544) om Ord1983-27 sch 3\npres s 389 ins Ord1983-55 s 20\nEntrance to cellars etc\ns 390 orig s 390 om Ord1986-15 s 8\nprev s 390 (prev s 545) om Ord1983-27 sch 3\npres s 390 ins Ord1983-55 s 20\nFighting\ns 391 orig s 391 om Ord1983-27 sch 3\npres s 391 (prev s 545A) ins A1992-76 s 4\nam A2019-43 s 11\n\nOffensive behaviour\ns 392 orig s 392 renum as s 278\npres s 392 (prev s 546A) ins Ord1983-55 s 20\nam A2019-43 s 12\nIndecent exposure\ns 393 orig s 393 renum as s 279\npres s 393 (prev s 546B) ins Ord1983-55 s 20\nam A2001-63 s 38\nUrinating in public place\ns 393A ins A2008-6 s 9\nam A2025-29 amdt 3.66\nArraignment, plea and trial\nhdg before s 394 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nNoise abatement directions\ns 394 orig s 394 renum as s 280\npres s 394 (prev s 546C) ins Ord1983-55 s 20\nam A2001-63 ss 39-41\nam A2008-6 s 10, s 11; ss renum R54 LA\nBogus advertisements\ns 395 orig s 395 renum as s 281\npres s 395 (prev s 546D) ins Ord1987-3 s 10\nam A2006-22 amdt 1.25 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.19; A2012-40 amdt 3.27\nPublic mischief\ns 396 orig s 396 renum as s 282\npres s 396 (prev s 546E) ins Ord1987-3 s 10\nam A2004-28 amdt 3.10, amdt 3.11; A2015-50 amdt 3.60;\nA2016-33 amdt 1.7\nApprehended violence or injury—recognisance to keep the peace etc\ns 397 orig s 397 om Ord1983-27 sch 3\npres s 397 (prev s 547) am Ord1983-27 sch 2; Ord1988-44 s 4\nam A2003-14 amdt 1.32; A2006-23 amdt 1.70\nAlternative methods of proceeding before magistrate\ns 398 orig s 398 om Ord1983-27 sch 3\npres s 398 (prev s 548) am Ord1983-27 sch 2\n\ns 399 orig s 399 renum as s 283\npres s 399 (prev s 551) am Ord1983-27 sch 2\nSentence may be for less term or fine of less amount than that fixed\ns 400 orig s 400 renum as s 284\nprev s 400 (prev s 553) am Ord1983-27 sch 2\nom A2006-23 amdt 1.71\nApplication of forfeitures and penalties\ns 401 orig s 401 om Ord1983-27 sch 3\nprev s 401 (prev s 555) am Ord1983-27 sch 2\nom A2006-23 amdt 1.71\npt 18 hdg (prev pt 15 hdg) sub Ord1971-2 s 7\nConditional release of offenders without proceeding to conviction\ns 402 orig s 402 renum as s 285\nprev s 402 (prev s 556A) ins Ord1971-2 s 7\nam Ord1985-67 sch; Ord1986-57 s 10 (as am by Ord1987-3\ns 11); A1995-2 sch\ns 403 orig s 403 renum as s 286\nprev s 403 (prev s 556B) ins Ord1971-2 s 7\nam Ord1985-67 sch; Ord1986-57 s 11; Ord1990-5 sch 2;\nA1993-73 s 10; R9 LA (see A2001-63 s 43)\nam A2002-49 amdt 3.42; ss renum R20 LA (see A2002-49\namdt 3.43)\nFailure to comply with condition of recognisance or release\ns 404 orig s 404 om Ord1971-2 s 8\nprev s 404 renum as s 287\nprev s 404 (prev s 556C) ins Ord1971-2 s 7\nam Ord1985-67 sch; A1992-9 s 12\nPower to discharge or vary conditions of recognisance\ns 405 orig s 405 om A1994-98 s 7\n\nprev s 405 (prev s 556D) ins Ord1971-2 s 7\nam Ord1985-16 s 4; A1993-91 sch 3; A1995-2 sch\nam A2002-49 amdt 3.44, amdt 3.45\nRules respecting evidence\nhdg before s 406 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nRecovery of amounts if recognisances estreated\ns 406 orig s 406 om Ord1971-2 s 8\nprev s 406 renum as s 288\nprev s 406 (prev s 556E) ins Ord1971-2 s 7\nam Ord1985-67 sch; Ord1986-74 s 88; Ord1990-5 sch 2;\nA1991-44 s 9; A1995-2 sch\nCommunity service orders\npt 19 hdg (prev pt 15A hdg) ins Ord1985-11 s 4\nDefinitions for pt 19\ns 407 orig s 407 om Ord1971-2 s 8\nprev s 407 renum as s 289\nprev s 407 (prev s 556F) ins Ord1985-11 s 4\ndef authorized officer ins Ord1985-11 s 4\nom A1994-97 sch\ndef Community Corrections Officer ins A1994-97 sch\ndef community service order ins Ord1985-11 s 4\ndef offender ins Ord1985-11 s 4\ndef officer of the court ins Ord1985-11 s 4\nam A1991-44 s 9\ndef supervisor ins Ord1985-11 s 4\nsub A1994-97 sch\n\nDirections to perform work\ns 408 orig s 408 om Ord1971-2 s 8\nprev s 408 (prev s 556G) ins Ord1985-11 s 4\nam Ord1985-67 sch; Ord1986-57 s 12; A1994-97 sch;\nA1998-29 s 5; A1999-79 sch 3; A2001-44 amdt 1.1002,\namdt 1.1003\nam A2004-60 amdt 1.110\nCircumstances in which a community service order may be made\ns 409 orig s 409 om Ord1971-2 s 8\nprev s 409 (prev s 556J) ins Ord1985-11 s 4\nam A1994-97 sch\nObligations of offender and consequences of failure to comply\ns 410 orig s 410 om Ord1971-2 s 8\nprev s 410 (prev s 556K) ins Ord1985-11 s 4\nam Ord1986-57 s 13; A1994-97 sch\nam A2002-49 amdt 3.46\nCommunity service order to cease to have effect after 12 months except if\nperiod extended\ns 411 orig s 411 renum as s 290\nprev s 411 (prev s 556L) ins Ord1985-11 s 4\nam A1994-97 sch\nRevocation and variation of community service order and variation of nature\nof work\ns 412 orig s 412 om Ord1971-2 s 8\nprev s 412 (prev s 556M) ins Ord1985-11 s 4\nam A1994-97 sch; A1998-29 s 7\nPower of court if offender convicted of further offence\ns 413 orig s 413 om Ord1971-2 s 8\nprev s 413 (prev s 556N) ins Ord1985-11 s 4\nam Ord1985-67 sch; A1992-9 s 13\n\nApprehension of offender about to leave ACT\ns 414 orig s 414 renum as s 291\nprev s 414 (prev s 556P) ins Ord1985-11 s 4\nPower of court in relation to offender about to leave ACT\ns 415 orig s 415 om Ord1971-2 s 8\nprev s 415 (prev s 556Q) ins Ord1985-11 s 4\nService of documents\ns 416 orig s 416 om Ord1983-27 sch 3\nprev s 416 (prev s 556S) ins Ord1985-11 s 4\nsub A2002-49 amdt 3.47\nPower of court if offender apprehended under pt 19\ns 417 orig s 417 renum as s 292\nprev s 417 (prev s 556T) ins Ord1985-11 s 4\nPower of court in certain circumstances on revoking community service\norder\ns 418 orig s 418 om Ord1971-2 s 8\nprev s 418 (prev s 556U) ins Ord1985-11 s 4\nDischarge of community service order\ns 419 orig s 419 om Ord1971-2 s 8\nprev s 419 (prev s 556V) ins Ord1985-11 s 4\nJurisdiction of Supreme Court\ns 420 orig s 420 am Ord1983-27 sch 2; Ord1983-55 sch\nprev s 420 (prev s 556W) ins Ord1985-11 s 4\nom A2002-49 amdt 3.48\nInquiries into convictions\npt 20 hdg (prev pt 17 hdg) ins A2001-63 s 42\n\ndiv 20.1 hdg (prev div 17.1 hdg) ins A2001-63 s 42\nDefinitions for pt 20\ns 421 orig s 421 om Ord1983-55 s 14\npres s 421 (prev s 557A) ins A2001-63 s 42\ndef Full Court ins A2001-63 No 42\ndef inquiry ins A2001-63 No 42\ndef registrar ins A2001-63 No 42\ndef relevant proceeding ins A2001-63 No 42\nHow to start inquiry\ndiv 20.2 hdg (prev div 17.2 hdg) ins A2001-63 s 42\nGrounds for ordering inquiry\ns 422 orig s 422 om Ord1983-27 sch 3\npres s 422 (prev s 557B) ins A2001-63 s 42\nRecord of youth offence particulars not to be disclosed in court proceedings\ns 422A ins A2023-45 s 57\nExecutive order for inquiry\ns 423 orig s 423 renum as s 293\npres s 423 (prev s 557C) ins A2001-63 s 42\nOrder of closing addresses—acquittals\ns 423A renum as s 294\nSupreme Court order for inquiry\ns 424 orig s 424 renum as s 295\npres s 424 (prev s 557D) ins A2001-63 s 42\nVerdict generally\nhdg before s 425 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nRights and duties in relation to orders for inquiry\ns 425 orig s 425 renum as s 296\npres s 425 (prev s 557E) ins A2001-63 s 42\nInquiry procedure\ndiv 20.3 hdg (prev div 17.3 hdg) ins A2001-63 s 42\n\nApplication of Inquiries Act\ns 426 orig s 426 renum as s 297\npres s 426 (prev s 557F) ins A2001-63 s 42\nAppointment of board of inquiry\ns 427 orig s 427 renum as s 298\npres s 427 (prev s 557G) ins A2001-63 s 42\nMultiple alternative verdicts\ns 427A renum as s 299\nReserving questions of law\nhdg before s 428 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nReport by board\ns 428 orig s 428 am A1992-9 s 10; A1997-96 sch 1\nom A2001-70 amdt 1.6\npres s 428 (prev s 557H) ins A2001-63 s 42\nSupreme Court orders following inquiry report\ndiv 20.4 hdg (prev div 17.4 hdg) ins A2001-63 s 42\ns 428A ins A1994-46 s 4\nsub A1998-71 s 4\nom A1999-32 s 4\ns 428B renum as s 300\nLimit on detention\ns 428C renum as s 301\nLimitation on orders and detention—acquittals\ns 428CA renum as s 302\nLimitation on Supreme Court orders\ns 428CB renum as s 303\nLimitation on orders and detention—dismissal of charge\ns 428CC renum as s 304\nLimitation on orders and detention—Magistrates Court\ns 428CD renum as s 305\nLimitation on Magistrates Court orders\ns 428CE renum as s 306\n\nManner in which relevant court to inform itself\ns 428CF renum as s 307\nCriteria for detention\ns 428D renum as s 308\nAssessment whether emergency detention required\ns 428DA renum as s 309\nReferral to Tribunal\ns 428E renum as s 310\nPerson found fit to plead\ns 428F renum as s 311\nAction pending determination by tribunal\ns 428FA renum as s 312\nTemporary unfitness to plead—non-serious offences\ns 428G renum as s 313\nTemporary unfitness to plead—serious offences\ns 428H renum as s 314\nSpecial hearings\ns 428I renum as s 315\nNature and conduct of a special hearing\ns 428J renum as s 316\nVerdicts available at special hearings\ns 428K renum as s 317\nNon-acquittal at special hearing—non-serious offences\ns 428L renum as s 318\nNon-acquittal at special hearing—serious offences\ns 428M renum as s 319\nAcquittal on grounds of mental illness\ns 428N renum as s 320\nPlea of not guilty by reason of mental illness\ns 428O renum as s 321\nExplanation to jury\ns 428P renum as s 322\nCourt orders following acquittal—non-serious offences\ns 428Q renum as s 323\nCourt orders following acquittal—serious offences\ns 428R renum as s 324\n\nDefinition\ns 428RA renum as s 325\nDismissal on grounds of mental impairment\ns 428RB renum as s 326\nPlea of not guilty by reason of mental impairment\ns 428RC renum as s 327\nMagistrates Court orders following dismissal—non-serious offence\ns 428RD renum as s 328\nMagistrates Court orders following dismissal—serious offence\ns 428RE renum as s 329\ns 428S renum as s 330\nReferral to Tribunal\ns 428T renum as s 331\ns 428U renum as s 332\nIndictable offences heard and determined summarily\ns 428V renum as s 333\nPowers of Magistrates Court\ns 428W renum as s 334\nFitness to plead—Magistrates Court\ns 428WA renum as s 335\nMeans by which Magistrates Court may be informes\ns 428X renum as s 336\ns 428XA renum as s 337\ns 428XB renum as s 338\nIntoxication in relation to offences\ns 428XC renum as s 339\ns 428Y renum as s 340\nJuvenile offenders\nhdg before s 429 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPublication of report\ns 429 orig s 429 renum as s 341\npres s 429 (prev s 557I) ins A2001-63 s 42\n\nMatters to which court to have regard\ns 429A renum as s 342\nVictim impact statements\ns 429AB renum as s 343\nMatters not to be taken into account\ns 429B renum as s 344\nRestriction on imposing sentences of imprisonment\ns 429C renum as 345\nSentences of death\nhdg before s 430 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAction on report by Supreme Court\ns 430 orig s 430 am Ord1968-4 s 16\nprev s 430 renum as s 346\npres s 430 (prev s 557J) ins A2001-63 s 42\nam A2006-23 amdt 1.73; A2013-11 amdt 1.5\nNature of Supreme Court proceedings\ns 431 orig s 431 om Ord1968-4 s 17\nprev s 431 renum as s 347\npres s 431 (prev s 557K) ins A2001-63 s 42\nom A2014-40 s 4\nFines\ns 431A renum as s 348\nApplication to earlier convictions\ndiv 20.5 hdg (prev div 17.5 hdg) ins A2001-63 s 42\nSentences of imprisonment—hard labour—solitary confinement—and\nsureties\nhdg before s 432 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nInquiries about earlier convictions\ns 432 orig s 432 om Ord1983-27 sch 3\nprev s 432 renum as s 349\npres s 432 (prev s 557L) ins A2001-63 s 42\nGrant of pardon and remission of penalties\npt 21 hdg (prev pt 15B hdg) ins A1991-90 s 5\n\nGrant of pardon\ns 433 orig s 433 om Ord1983-27 sch 3\nprev s 433 (prev s 557) ins A1991-90 s 5\nSentences of whipping or irons\nhdg before s 434 om Ord1974-17 s 5\nRemission of penalties\ns 434 orig s 434 om Ord1974-17 s 5\nprev s 434 (prev s 558) ins A1991-90 s 5\npt 22 hdg (prev pt 16 hdg) renum R9 LA (see A2001-63 s 43)\nApplication of certain sections of Commonwealth Crimes Act to territory\nlaws\ns 434A ins A2002-11 amdt 2.25\nJoinder of charges\ns 434B ins A2002-11 amdt 2.25\nAggravated offence may allege more than 1 factor of aggravation\ns 434C ins A2022-13 s 74\nam A2026-4 s 10, s 11\nProtection of persons acting under Act\ns 435 orig s 435 om Ord1974-17 s 5\npres s 435 (prev s 563) am A1997-96 sch 1\nNo court fees to be taken in criminal cases\ns 436 orig s 436 om Ord1974-17 s 5\nprev s 436 (prev s 564) am Ord1983-55 sch; A1992-9 s 14\nom A2006-23 amdt 1.75\nOrder for payment of compensation\nhdg before s 437 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPower of courts to bring detainees before them\ns 437 orig s 437 renum as s 350\npres s 437 (prev s 565) am Ord1983-27 sch 2\nsub A2006-23 amdt 1.76\nOrder for restitution of property stolen etc\nhdg before s 438 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nWitnesses neglecting to attend trial and captured under warrant may be\nadmitted to bail\ns 438 orig s 438 om Ord1985-44 sch\npres s 438 (prev s 566) am Ord1983-27 sch 2\nDisposal of insane persons\nhdg before s 439 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOffence of criminal defamation\ns 439 orig s 439 om A1994-46 s 5\nprev s 439 (prev s 567) am Ord1983-27 sch 2; A2001-44\namdt 1.1004, amdt 1.1005\nom A2004-60 amdt 1.111\npres s 439 ins A2006-1 amdt 1.2\nam A2011-48 amdt 1.18; ss renum R79 LA\nSentences for statutory offences\nhdg before s 440 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nProsecutions for blasphemy\ns 440 orig s 440 om Ord1983-27 sch 3\npres s 440 (prev s 574) renum R9 LA (see A2001-63 s 43)\nDeferred sentences\nhdg before s 441 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nRetrospective repeal of limitation period on criminal proceeding for\nparticular sexual offences\ns 441 orig s 441\nrenum as s 351\nprev s 441\n(prev s 575) am Ord1983-27 sch 2\nprev s 441\nins A1997-117 s 5\nam A2005-20 amdt 3.105; A2006-23 amdt 1.77; A2007-22\namdt 1.22\nom A2008-6 s 12\npres s 441\nins A2013-50 s 7\nCriminal proceedings not allowed by section 441\ns 441A orig s 441A\nrenum as s 352\npres s 441A\nins A2013-50 s 7\n\nRetrospective application of repealed alternative verdict provision for carnal\nknowledge\ns 441B ins A2019-6 s 9\nReduction of sentence ;or fine below term or amount fixed\nhdg before s 442 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nChange of venue\ns 442 orig s 442 renum as s 353\npres s 442 (prev s 577) renum R9 LA (see A2001-63 s 43)\nRecord of youth offence particulars not to be disclosed in court proceedings\ns 442A ins A2019-6 s 10\nexp 1 September 2022 (s 442A (3))\nins A2023-45 s 57\nam A2023-45 s 58; A2025-9 s 12\nReview of operation of offences against frontline community service\nproviders\ns 442B ins A2020-18 s 7\nexp 10 June 2023 (s 442B (3))\nReview of operation of offences of abuse of vulnerable people\ns 442C ins A2020-41 s 6\nexp 20 April 2024 (s 442C (3))\nReview—pt 3\ns 442D ins A2022-7 s 7\nexp 12 May 2025 (s 442D (4))\nAdditional and cumulative sentences\nhdg before s 443 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nApproved forms\ns 443 orig s 443 renum as s 354\npres s 443 (prev s 578) ins A1991-90 s 6\nsub A2001-44 amdt 1.1006\n(4)-(7) exp 12 September 2002 (s 443 (7))\nam A2011-52 amdt 3.60; A2025-29 amdt 4.45\nRegulation-making power\ns 444 orig s 444 am Ord1983-27 s 22\nom Ord1986-57 s 8\nprev s 444 renum as s 355\npres s 444 (prev s 579) ins A2001-44 amdt 1.1006\nam A2025-29 amdt 4.45\nTransitional\npt 23 hdg ins A2002-11 amdt 2.26\nom R16 LA\n\nOperation and meaning of s 434A\ns 445 om Ord1971-2 s 8\nins A2002-11 amdt 2.26\nexp 27 November 2002 (s 445 (2))\nPrevious sentences to be noted in new sentence\ns 446 renum as s 356\nSentences on two or more counts may be cumulative\ns 447 om Ord1986-57 s 9\nExecution of sentence\nhdg before s 448 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nCapital sentences\nhdg before s 448 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOutstanding charges may be taken into account when passing sentence\ns 448 orig s 448 om Ord1983-27 sch 3\nprev s 448 renum as s 357\nAppeal where promised cooperation not forthcoming\ns 449 orig s 449 om Ord1983-27 sch 3\nprev s 449 renum as s 358\nCourt to explain sentence\ns 450 orig s 450 om Ord1983-27 sch 3\nprev s 450 renum as s 359\nTime held in custody to count\ns 451 orig s 451 om Ord1983-27 sch 3\nprev s 451 renum as s 360\nSentence to be adjusted if no remission laws apply\ns 452 orig s 452 om Ord1983-27 sch 3\nprev s 452 renum as s 361\nPenal servitude sentences\nhdg before s 453 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\ns 453 orig s 453 om Ord1974-17 s 7\nprev s 453 renum as s 362\nCourt may order pre-sentence reports\ns 454 orig s 454 om Ord1974-17 s 7\nprev s 454 renum as s 363\nWhipping sentences\nhdg before s 455 om Ord1974-17 s 8\n\nContents of pre-sentence reports\ns 455 orig s 455 om Ord1974-17 s 8\nprev s 455 renum as s 364\nCirculation of the report\ns 456 orig s 456 om Ord1974-17 s 8\nprev s 456 renum as s 365\nEnforcing payment of compensation\nhdg before s 457 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nRight of cross-examination\ns 457 renum as s 366\nSentences of courts-martial\nhdg before s 458 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSentences by courts-martial under Imperial Acts\ns 458 om Ord1983-27 sch 3\nMitigation of sentences\nhdg before s 459 am Ord1974-17 s 9\nom Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nCases of rape etc\ns 459 am Ord1968-4 s 18\nom Ord1974-17 s 10\nOn commutation judge to make order accordingly\ns 460 om Ord1974-17 s 10\nGeneral regulations for remission of sentences\ns 461 om Ord1983-27 sch 3\nRemission on recognizances\ns 462 om Ord1983-27 sch 3\nTickets-of-leave\ns 463 om Ord1983-27 sch 3\nRemissions where more than one sentence\ns 464 renum as 367\nConsequences etc of conviction for felony\nhdg before s 465 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nForfeiture in felonies abolished\ns 465 renum as 368\nDisabilities of felony\ns 466 renum as 369\n\nPosition of wife of felon\ns 467 om Ord1983-27 sch 3\nEffect of reversing judgment in such cases\ns 468 renum as s 370\nSequestration of offender’s property\ns 469 om Ord1983-27 sch 3\nAppeals\nhdg before s 470 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nQuestions reserved\nhdg before s 470 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nProceedings when question reserved\ns 470 am A1992-9 s 11; A1997-96 sch 1\nom A2001-70 amdt 1.6\nWrits of error\nhdg before s 471 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWrit of error how obtained\ns 471 om Ord1983-27 sch 3\nGeneral provisions as to informalities\nhdg before s 472 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nWhat not sufficient to stay or reverse judgment\ns 472 renum as s 371\nPronouncing proper judgment\ns 473 renum as s 372\nNew trials\nhdg before s 474 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nNew trials in misdemeanours regulated\ns 474 renum as s 373\nEnquiry subsequent to conviction\nhdg before s 475 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nExecutive or judge may direct inquiry\ns 475 am Ord1983-27 sch 2; Ord1990-5 sch 2\nom A2001-63 s 37\nExtent of jurisdiction\nhdg before s 476 om Ord1951-14 s 11\nSummary offences\ns 476 renum as s 374\nOffences and punishment\nhdg before s 477 om Ord1951-14 s 11\n\nList of offence within this jurisdiction\ns 477 renum as s 375\nCommon law offences may be dealt with summarily by consent\ns 477A ins Ord1983-27 s 25\nom Ord1985-40 s 4\nCertain offences not to be dealt with summarily\ns 478 sub Ord1951-14 s 11; Ord1974-17 s 11\nom Ord1985-40 s 4\nProcedure in such cases\nhdg before s 479 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAccused to have option of summary disposal of case or of trial by jury\ns 479 renum as s 376\ns 480 renum as s 377\nSummary conviction or dismissal a bar to indictment\ns 481 renum as s 378\nDefinition\ns 482 orig s 482 om Ord1974-17 s 12\nprev s 482 renum as s 379\nCertain first offences by boys or youths\ns 483 om Ord1974-17 s 12\nCertain other first offences by youths\ns 484 om Ord1974-17 s 12\nThe like offences by boys or youths after previous conviction\ns 485 om Ord1974-17 s 12\nThe like offences by adults\ns 486 om Ord1974-17 s 12\nNumber of strokes\ns 487 om Ord1974-17 s 12\nSentence to specify number of strokes etc\ns 488 om Ord1974-17 s 12\nTime of whipping—where no appeal\ns 489 om Ord1974-17 s 12\nTime of whipping—where appeal and conviction confirmed\ns 490 om Ord1974-17 s 12\nKind of instrument and manner of use to be prescribed by Comptroller-\ns 491 om Ord1974-17 s 12\n\nSurgeon may remit whipping in certain cases\ns 492 om Ord1974-17 s 12\nAssaults\nhdg before s 493 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nCommon assaults\ns 493 renum as s 380\nAggravated assaults\ns 494 renum as s 381\nAssaults respecting the sale of grain\ns 495 orig s 495 am Ord1983-27 sch 2\nprev s 495 renum as s 382\nAssaults obstructing workmen\ns 496 orig s 496 am Ord1983-27 sch 2\nprev s 496 renum as s 383\nWhere jurisdiction excludes\ns 497 orig s 497 am Ord1983-27 sch 2; Ord1983-55 sch\nom Ord1985-40 s 8\nprev s 497 renum as s 384\ns 498 am Ord1983-27 sch 2\nCertificate or conviction a bar to other proceedings\ns 499 sub Ord1963-11 s 25\nException from jurisdiction\ns 500 am Ord1983-27 sch 2\nLarceny and similar offences\nhdg before s 501 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nLarceny and unlawful taking etc of animals\nhdg before s 501 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nUnlawfully driving, using, marking or possessing cattle\ns 501 am Ord1983-27 sch 2\nsub Ord1983-55 s 17\nPossession of skin etc of stolen cattle\ns 502 am Ord1983-27 sch 2\n\nStealing dogs\ns 503 am Ord1983-27 sch 2\nPossessing stolen dog or skin\ns 504 am Ord1983-27 sch 2\nStealing animals etc ordinarily kept in confinement\ns 505 am Ord1983-27 sch 2\nStealing animals etc ordinarily kept in confinement. Second offence\ns 506 am Ord1983-27 sch 2\nPossession of stolen animals etc\ns 507 am Ord1983-27 sch 2\nPossession of stolen animals etc. Second offence\ns 508 am Ord1983-27 sch 2\nRestoration of such stolen animals etc\ns 509 am Ord1983-27 sch 2\nSetting engine for deer etc\ns 510 am Ord1983-27 sch 2\nLaying of poison\ns 510A renum as s 385\nKilling pigeons\ns 511 am Ord1983-27 sch 2\nTaking fish in waters on private property\ns 512 am Ord1983-27 sch 2\nLarceny of things attached to land\nhdg before s 513 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nStealing shrubs etc of the value of 1 shilling\ns 513 am Ord1983-27 sch 2; Ord1983-55 sch\ns 514 am Ord1983-27 sch 2\n\nStealing etc live or dead fence etc\ns 515 am Ord1983-27 sch 2; Ord1983-55 sch\ns 516 am Ord1983-55 sch\nUnlawful possession of trees, fence etc\ns 517 am Ord1983-27 sch 2; Ord1983-55 sch\nStealing dead wood\ns 518 am Ord1983-27 sch 2; Ord1983-55 sch\ns 519 am Ord1983-27 sch 2\nStealing plants etc in gardens\ns 520 am Ord1983-27 sch 2\nStealing plants etc not growing in gardens\ns 521 am Ord1983-27 sch 2\nLarceny of shipwrecked goods\nhdg before s 522 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nPossession of shipwrecked goods\ns 522 am Ord1983-27 sch 2; Ord1983-55 sch\nOffering shipwrecked goods for sale\ns 523 am Ord1983-55 sch\nSeizure of such goods\ns 524 am Ord1983-27 sch 2\nLarceny from a public library etc\nhdg before s 525 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nStealing or damaging books etc in public library etc\ns 525 am Ord1983-27 sch 2\nTerm public library\ns 526 om Ord1985-44 sch\n\nUnlawfully using vehicle or boat\ns 526A ins Ord1963-11 s 26\nFraudulently appropriating or retaining property\nhdg before s 527 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nFraudulently appropriating or retaining property\ns 527 am Ord1983-27 sch 2\nUnlawful possession\ns 527A renum as s 386\nMaking a false invoice\ns 527B renum as s 387\nOffering rewards for stolen property\nhdg before s 528 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAdvertising reward for return of stolen property\ns 528 am Ord1983-27 sch 2\nReceivers\nhdg before s 529 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nReceivers punishable summarily\ns 529 am Ord1983-27 sch 2\nMalicious injuries to property\nhdg before s 530 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDeclaratory clauses\nhdg before s 530 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOwnership and possession of property injured\ns 530 om Ord1985-44 sch\nActual malice—certain acts not malicious\ns 531 am Ord1983-27 sch 2\nInjuries to trees, shrubs, vegetable produce, fences etc\nhdg before s 532 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDamaging trees etc to amount of one shilling\ns 532 am Ord1983-27 sch 2; Ord1983-55 sch\n\ns 533 am Ord1983-27 sch 2\nDestroying fruit or vegetable produce in a garden\ns 534 am Ord1983-27 sch 2\nDestroying cultivated roots etc not in a garden\ns 535 am Ord1983-27 sch 2\ns 536 am Ord1983-27 sch 2\nDestroying any fence, wall, stile or gate\ns 537 am Ord1983-27 sch 2\ns 538 am Ord1983-27 sch 2\nInjuries to certain animals\nhdg before s 539 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nKilling or maiming animals not being cattle\ns 539 am Ord1983-27 sch 2\ns 540 am Ord1983-27 sch 2\nInjuries not otherwise provided for\nhdg before s 541 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nInjuring property not previously provided for\ns 541 am Ord1983-27 sch 2\ns 542 am Ord1983-27 sch 2\nhdg before s 543 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\ns 543 renum as s 388\n\nCoinage offences\nhdg before s 544 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nObstruction of stream etc\ns 544 renum as s 389\nEntrance to cellars etc\ns 545 renum as s 390\nFighting\ns 545A renum as s 391\nAbettors\nhdg before s 546 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDefacing premises\ns 546 om Ord1983-27 sch 3\nins Ord1983-55 s 20\nOffensive behaviour\ns 546A renum as s 392\nIndecent exposure\ns 546B renum as s 393\nNoise abatement directions\ns 546C renum as s 394\nBogus advertisements\ns 546D renum as s 395\nPublic mischief\ns 546E renum as s 396\nApprehended violence or injury\nhdg before s 547 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nApprehended violence or injury—recognizance to keep the peace\ns 547 renum as s 397\nAlternative methods of procedure\nhdg before s 548 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAlternative methods of proceeding before Justices\ns 548 renum as s 398\nEnforcing appearance\nhdg before s 549 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nOffenders may be summoned under existing Acts\ns 549 om Ord1983-27 sch 3\nCertain averments\nhdg before s 550 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\n\nWhere not necessary to allege particular ownership\ns 550 am Ord1983-27 sch 2\ns 551 renum as s 399\nDischarge of juvenile first offenders\nhdg before s 552 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDischarge of juvenile first offenders\ns 552 am Ord1983-27 sch 2\nom A1991-18 s 4\nReduction of sentence below fixed term\nhdg before s 553 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSentence may be for less term or fine of less amount than that fixed herein\ns 553 renum as s 400\nSentence to hard labour\nhdg before s 554 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nHard or light labour\ns 554 sub Ord1951-14 s 12\nam Ord1963-11 s 27; Ord1983-27 sch 2; Ord1985-67 sch\nom Ord1986-57 s 9\nPenalties etc—application\nhdg before s 555 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nApplication of forfeitures and penalties\ns 555 renum as s 401\nSummary conviction etc a bar\nhdg before s 556 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nSummary conviction a bar to further proceedings\ns 556 am Ord1983-27 sch 2; Ord1984-78 s 25\nom A1991-18 s 4\nConditional release of offenders without proceeding to conviction\ns 556A orig s 556A ins Ord1942-12 s 4\nom Ord1971-2 s 6\nprev s 556A renum as s 402\ns 556B renum as s 403\nFailure to comply with condition of recognizance or release\ns 556C renum as s 404\nPower to discharge or vary conditions of recognizance\ns 556D renum as s 405\n\nRecovery of amounts where recognizances estreated\ns 556E renum as s 406\ns 556F renum as s 407\nDirections to perform work\ns 556G renum as s 408\nEffect of payment of fine etc where community service order made\ns 556H ins Ord1985-11 s 4\nam Ord1985-67 sch pt 1\nom A1998-29 s 6\nCircumstances in which a community service order may be made\ns 556J renum as s 409\nObligations of offender and consequences of failure to comply\ns 556K renum as s 410\nCommunity service order to cease to have effect after 12 months except\nwhere period extended\ns 556L renum as s 411\nRevocation and variation of community service order and variation of nature\nof work\ns 556M renum as s 412\nPower of court where offender convicted of further offence\ns 556N renum as s 413\nApprehension of offender about to leave Territory\ns 556P renum as s 414\nPower of court re offender about to leave Territory\ns 556Q renum as s 415\nEffect of compliance with, or revocation of, certain community service\norders\ns 556R ins Ord1985-11 s 4\nam Ord1985-67 sch pt 1\nom A1998-29 s 8\nService of documents\ns 556S renum as s 416\nPower of court where offender apprehended under this part\ns 556T renum as s 417\nPower of court in certain circumstances upon revoking community service\norder\ns 556U renum as s 418\n\nDischarge of community service order\ns 556V renum as s 419\nJurisdiction of Supreme Court\ns 556W renum as s 420\ns 557 orig s 557 om Ord1971-2 s 7\nprev s 557 renum as s 433\ndef court om Ord1971-2 s 7\ndef minor offence om Ord1971-2 s 7\ndef offender om Ord1971-2 s 7\nSuspension of punishment on first conviction\ns 558 orig s 558 om Ord1971-2 s 7\nprev s 558 renum as s 434\nOrder for restitution or payment of compensation may be made by court\ns 559 am Ord1951-14 s 13\nom Ord1971-2 s 7\nOffender discharged to report himself\ns 560 om Ord1971-2 s 7\nForfeiture of recognizance etc\ns 561 sub Ord1951-14 s 14\nom Ord1971-2 s 7\nOtherwise to be discharged and conviction not to be deemed a previous\nconviction\ns 562 om Ord1971-2 s 7\nProtection of persons acting under this Act\ns 563 renum as s 435\nNo court fees to be taken in criminal cases\ns 564 renum as s 436\nPower of Courts to bring prisoners before them\ns 565 renum as s 437\nWitnesses neglecting to attend trial and captured under warrant may be\nadmitted to bail\ns 566 renum as s 438\nSupreme Court Judges may prescribe forms of indictments etc\ns 567 renum as s 439\nEvery Court of General Sessions etc to be called a Court of Quarter Sessions\ns 568 om Ord1983-27 sch 3\n\nGovernor to establish abolish Courts of quarter Sessions, fix times places\nand districts at and for which they shall be held\ns 569 om Ord1983-27 sch 3\nAppointment of chairman\ns 570 om Ord1983-27 sch 3\nAdjournment of such courts when chairman absent\ns 571 om Ord1983-27 sch 3\nGovernor may appoint persons to prosecute at Quarter Sessions\ns 572 om Ord1983-27 sch 3\nProvision for wife where husband convicted of aggravated assault\ns 573 om Ord1983-27 sch 3\nProsecutions for blasphemy\ns 574 renum as s 440\nMisappropriation of corn etc by servants\ns 575 orig s 575 am Ord1983-27 sch 2\nprev s 575 renum as s 441\nIndecent exposure of the person\ns 576 om Ord1983-55 s 21\nChange of venue\ns 577 renum as s 442\nApproved forms\ns 578 renum as s 443\nRegulation-making power\ns 579 renum as s 444\nExpiry—Motor Traffic Act\ns 580 ins A1999-79 s 5 sch 3\nrenum A2001-44 amdt 1.1007\nsub A2001-90 amdt 1.34\nexp 27 March 2002 (see s 580)\nTransitional—Crimes Legislation Amendment Act 2008\npt 30 hdg ins A2008-44 amdt 1.43\nApplication of amendments\ns 600 ins A2008-44 amdt 1.43\nmod SL2009-21 s 3 (mod lapsed on rep of SL2009-21 (4\nSeptember 2009))\nam A2009-24 amdt 1.7\n\ns 601 ins A2008-44 amdt 1.43\nExpiry—pt 30\ns 602 ins A2008-44 amdt 1.43\nTransitional—Courts Legislation Amendment Act 2011\npt 31 hdg ins A2011-13 amdt 1.9\nApplication of amendments\ns 610 ins A2011-13 amdt 1.9\ns 611 ins A2011-13 amdt 1.9\nExpiry—pt 31\ns 612 ins A2011-13 amdt 1.9\nTransitional—Crimes Amendment Act 2014\npt 32 hdg ins A2014-40 s 5\nEffect of amendment on earlier reports under div 20.4\ns 620 ins A2014-40 s 5\nExpiry—pt 32\ns 621 ins A2014-40 s 5\npt 33 hdg ins A2023-45 s 59\ndiv 33.1 hdg ins A2023-45 s 59\nDefinitions—pt 33\ns 622 ins A2023-45 s 59\ns 623 ins A2023-45 s 59\n\nExpiry—pt 33\ns 624 ins A2023-45 s 59\nEnding action etc for youth offences\ndiv 33.2 hdg ins A2023-45 s 59\nApplication—div 33.2\ns 625 ins A2023-45 s 59\nLaw enforcement action\ns 626 ins A2023-45 s 59\nCriminal procedures, proceedings and sentences\ns 627 ins A2023-45 s 59\nDestruction of forensic material etc\ns 628 ins A2023-45 s 59\nRelease of person from custody\ns 629 ins A2023-45 s 59\nValidity of past criminal justice action\ndiv 33.3 hdg ins A2023-45 s 59\nMeaning of criminal justice action—div 33.3\ns 630 ins A2023-45 s 59\nPast lawful acts not affected\ns 631 ins A2023-45 s 59\ns 632 ins A2023-45 s 59\nNo entitlement to compensation etc\ns 633 ins A2023-45 s 59\n\npt 34 hdg ins A2023-45 s 60\ndiv 34.1 hdg ins A2023-45 s 60\nDefinitions—pt 34\ns 634 ins A2023-45 s 60\ns 635 ins A2023-45 s 60\nExpiry—pt 34\ns 636 ins A2023-45 s 60\nEnding action etc for youth offences\ndiv 34.2 hdg ins A2023-45 s 60\nApplication—div 34.2\ns 637 ins A2023-45 s 60\nLaw enforcement action\ns 638 ins A2023-45 s 60\nCriminal procedures, proceedings and sentences\ns 639 ins A2023-45 s 60\nDestruction of forensic material etc\ns 640 ins A2023-45 s 60\nRelease of person from custody\ns 641 ins A2023-45 s 60\nValidity of past criminal justice action\ndiv 34.3 hdg ins A2023-45 s 60\n\nMeaning of criminal justice action—div 34.3\ns 642 ins A2023-45 s 60\nPast lawful acts not affected\ns 643 ins A2023-45 s 60\ns 644 ins A2023-45 s 60\nNo entitlement to compensation etc\ns 645 ins A2023-45 s 60\nRepeal of Acts\nhdg before sch 1 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nAnabolic steroids\nsch 1 orig sch 1 om A2001-8 amdt 1.13\nprev sch 1 (prev sch 2) ins A1997-23 s 9\nsub A2001-90 amdt 1.35\nam A2002-51 amdt 1.16\nom A2005-13 amdt 1.25\nins as mod SL2008-42 mod 10.2 (as ins by SL2009-27 s 7)\nmod lapsed 21 December 2010 (SL2008-42 mod 10.2 om by\nA2010-50 amdt 1.14)\npres sch 1 ins A2010-50 amdt 1.2\nParts and sections in force, so far as their provisions are applicable, with\nrespect to all offences and courts\nhdg before sch 2 om Ord1983-27 s 3 (as am by Ord1985-16 s 6)\nDomestic violence offences under Crimes Act 1900\nsch 2 om Ord1985-44 s 13\nins A1997-23 sch\nThird schedule\nsch 3 am Ord1990-5 sch 2\nAs to allegation of property\nsch 4 om Ord1985-44 s 13\nForms\nsch 5 om Ord1983-55 s 22\nins Ord1985-11 s 5\nam Ord1985-67 sch pt 1; Ord1990-5 sch 2; A1995-2 sch;\nA1998-29 s 9\n\nForm of list of other offences charged\nsch 6 om Ord1974-17 s 13\nins Ord1983-27 s 28\nam Ord1985-16 s 5; Ord1985-67 sch pt 1\nCertificate and declaration at executions\nsch 7 om Ord1983-27 s 28\ndict ins A2001-8 amdt 1.14\ndefs reloc from s 4 A2001-8 amdt 1.4\nam A2002-49 amdt 3.49; A2003-14 amdt 1.33; A2004-28\namdt 3.12; A2006-23 amdt 1.78; A2006-22 amdt 1.26\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93)); A2006-46 amdt 2.5; A2008-14\namdt 1.20; A2008-36 amdt 1.244; A2010-10 amdt 2.22;\nA2011-22 amdt 1.121; A2012-40 amdt 3.28; A2013-39 amdt\n2.14 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55)); A2015-50 amdt\n3.61; A2016-33 amdt 1.8; A2016-52 amdt 1.53; A2020-18\ns 8; A2023-15 amdt 2.2; A2025-9 s 13\ndef Aboriginal and Torres Strait Islander children and\nyoung people commissioner ins A2025-9 s 14\ndef Aboriginal or Torres Strait Islander child or young\nperson ins A2025-9 s 14\ndef ACAT ins A2008-36 amdt 1.245\nam A2015-50 amdt 3.62\ndef accused ins A2015-50 amdt 3.63\ndef actual bodily harm ins A2006-5 s 21\ndef agent ins A2003-55 s 6\nom A2021-19 amdt 1.5\ndef aggravated offence ins A2001-8 amdt 1.14\nsub A2015-50 amdt 3.64; A2022-13 s 75\ndef alternative offence ins A2015-50 amdt 3.65\nsub A2022-13 s 75\ndef anabolic steroid ins A2015-50 amdt 3.65\ndef applied provisions ins A2022-13 s 76\ndef appropriate authority ins A2015-50 amdt 3.65\ndef assisting officer ins A2015-50 amdt 3.65\ndef bail undertaking ins A1992-9 s 5\nom A2004-14 amdt 2.3\ndef banker reloc from s 4 A2001-8 amdt 1.4\ndef breasts ins A2017-22 s 6\ndef causes ins A2003-55 s 6\n\nom A2021-19 amdt 1.5\ndef child ins A1997-23 s 4\nsub A2015-50 amdt 3.66\ndef child, for sdiv 10.7.2 ins A2008-19 amdt 1.20\nom A2015-50 amdt 3.66\ndef commissioner for OH&S ins A2003-55 s 6\nom A2009-28 amdt 2.7\ndef committed ins A2008-19 amdt 1.20\ndef Commonwealth Crimes Act ins A2015-50 amdt 3.67\ndef compliance period ins A2018-5 s 6\ndef conduct ins A2003-55 s 6\nsub A2015-50 amdt 3.68; A2021-19 amdt 1.6\ndef consent ins A2022-7 s 8\ndef contaminate ins A2015-50 amdt 3.69\ndef conveyance ins A2015-50 amdt 3.69\ndef corrections officer ins A2006-23 amdt 1.79\nom A2007-15 amdt 1.1\ndef corresponding law ins A2015-50 amdt 3.69\ndef crime scene ins A2017-45 s 7\ndef crime scene power ins A2017-45 s 7\ndef daily care responsibility ins A2008-19 amdt 1.20\ndef deal ins A2015-50 amdt 3.69\ndef death ins A2003-55 s 6\ndef de facto spouse ins A1997-23 s 4\nom A2003-14 amdt 1.34\ndef defendant ins A2015-50 amdt 3.69\ndef detention during pleasure ins A2015-50 amdt 3.69\ndef Director of Public Prosecutions ins Ord1990-5 sch 2\ndef distribute ins A2017-22 s 6\ndef document of title to land reloc from s 4 A2001-8\nom A2002-49 amdt 3.50\ndef document of title to goods reloc from s 4 A2001-8\ndef domestic partner ins A2003-14 amdt 1.35\ndef domestic violence offence ins A1997-23 s 4\nam A1999-79 sch 3\nam A2001-70 amdt 1.5\npar (ca) exp 1 January 2002 (s 580)\npars renum R9 LA\nsub A2001-90 amdt 1.36\n\npar (e) exp 27 March 2002 (see s 580 and A2001-90\namdt 1.34)\nam A2002-51 amdt 1.17\nom A2005-13 amdt 1.26\ndef drug am Ord1990-5 sch 2\ndef economic loss ins A2015-50 amdt 3.69\ndef employee ins A2003-55 s 6\ndef employer ins A2003-55 s 6\ndef engage in conduct ins A2015-50 amdt 3.69\ndef engaged in a private act ins A2017-22 s 6\ndef evidential material ins A2015-50 amdt 3.69\ndef exclusion direction ins A2016-48 s 12\ndef exclusion period ins A2016-48 s 12\ndef exclusion zone ins A2016-48 s 12\ndef executing officer ins A2015-50 amdt 3.69\ndef family violence ins A2022-13 s 76\ndef fault element ins A2022-13 s 76\ndef female genital mutilation ins A2015-50 amdt 3.69\ndef fortification ins A2018-5 s 6\ndef fortification inspection order ins A2018-5 s 6\ndef fortification offence ins A2018-5 s 6\ndef fortification removal order ins A2018-5 s 6\ndef frisk search ins A2015-50 amdt 3.69\ndef Full Court ins A2015-50 amdt 3.69\ndef genital or anal region ins A2017-22 s 6\ndef goods ins A2015-50 amdt 3.69\ndef government ins A2003-55 s 6\ndef government entity ins A2003-55 s 6\ndef government or non-government school ins A2022-10\ndef grievous bodily harm ins Ord1983-55 s 3\nsub A2006-5 s 22\ndef harm ins A2006-5 s 22\nom A2015-50 amdt 3.70\ndef household member ins A1997-23 s 4\nom A2001-90 amdt 1.37\ndef identification material ins A2015-36 s 11\ndef impaired state ins A2015-36 s 11\ndef independent contractor ins A2003-55 s 6\n\ndef indictment reloc from s 4 A2001-8 amdt 1.4\ndef inquiry ins A2015-50 amdt 3.71\ndef intimate image ins A2017-22 s 6\ndef issuing officer ins A2015-50 amdt 3.71\ndef knife ins A1998-22 s 4\nsub A2015-50 amdt 3.72\ndef lawful custody ins A2015-50 amdt 3.73\nom A2018-43 amdt 1.1\ndef light rail ins A2017-21 amdt 1.13\ndef light rail vehicle ins A2017-21 amdt 1.13\ndef loaded arms ins Ord1983-55 s 3\ndef long-term care responsibility ins A2008-19 amdt 1.20\ndef Magistrates Court ins A2008-19 amdt 1.20\nam A2015-50 amdt 3.74\ndef medical practitioner ins A1995-50 s 4\nom A2002-49 amdt 3.51\ndef mental health order ins A2015-50 amdt 3.75\ndef mental impairment ins A2006-14 amdt 1.40\ndef motor vehicle ins Ord1985-40 s 3\nam Ord1990-5 sch 2\nsub A1999-79 sch 3\nsub A2015-50 amdt 3.76\ndef night ins A2015-50 amdt 3.77\ndef occupier ins A2018-5 s 6\ndef offence ins A2015-50 amdt 3.77\ndef offence to which this Act applies ins A2015-50\namdt 3.77\ndef offensive weapon ins Ord1983-55 s 3\nsub A2000-85 s s4\ndef officer orig def ins Ord1984-78 s 3\nnew def ins A2003-55 s 6\nam R24 LA\nsub A2021-19 amdt 1.8\ndef ordinary search ins A2015-50 amdt 3.77\ndef outworker ins A2003-55 s 6\ndef owner ins A2015-50 amdt 3.77\ndef police station ins A2015-50 amdt 3.77\ndef premises ins A2015-50 amdt 3.77\ndef private premises ins A2017-45 s 7\n\ndef proceeds of crime ins A2015-50 amdt 3.77\ndef property ins A2015-50 amdt 3.77\ndef provide services ins A2003-55 s 6\ndef public place ins A2016-48 s 12\nsub A2017-45 s 8\nam A2025-3 amdt 1.3\ndef railway ins A2017-21 amdt 1.13\ndef recently used conveyance ins A2015-50 amdt 3.77\ndef reciprocating State ins A2015-50 amdt 3.77\ndef registrar ins A2015-50 amdt 3.77\ndef relative ins A1997-23 s 4\nsub A2001-90 amdt 1.38; sub A2003-14 amdt 1.36\nom A2006-22 amdt 1.27 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006\nNo S93))\nom A2008-14 amdt 1.21\ndef relevant person ins A2001-90 amdt 1.39\nam A2003-14 amdt 1.37, amdt 1.38\nom A2005-13 amdt 1.27\ndef relevant proceeding ins A2015-50 amdt 3.77\ndef school ins A1998-22 s 4\nsub A2004-17 amdt 2.8; A2015-50 amdt 3.78\ndef search warrant ins A2015-50 amdt 3.79\ndef seizable item ins A2015-50 amdt 3.79\ndef senior officer ins A2003-55 s 6\ndef serious harm ins A2003-55 s 6\nsub A2006-5 s 23; A2015-50 amdt 3.80\ndef serious offence ins A2015-50 amdt 3.81\nam A2017-45 s 9; pars renum R115 LA\ndef sexual act ins A2022-7 s 8\ndef sexual intercourse ins A2015-50 amdt 3.81\ndef sexual services ins A2001-8 amdt 1.14\ndef sexual servitude ins A2001-8 amdt 1.14\ndef simple offence ins A2022-13 s 76\ndef special hearing ins A2015-50 amdt 3.81\ndef spouse ins A1997-23 s 4\nom A2003-14 amdt 1.39\ndef strip search ins A2015-50 amdt 3.81\ndef tainted property ins A2003-8 amdt 1.14\ndef take ins A2015-36 s 11\ndef target material ins A2003-8 amdt 1.14\n\ndef telegraph reloc from s 4 A2001-8 amdt 1.4\ndef telephone ins A2015-50 amdt 3.81\ndef thing relevant to ins A2015-50 amdt 3.81\ndef trustee reloc from s 4 A2001-8 amdt 1.4\ndef trust fund ins A1991-104 s 4\nom A2003-8 amdt 1.15\ndef under restraint ins A2008-19 amdt 1.20\ndef under the age of criminal responsibility ins A2023-45\ns 61\ndef unlawful activity ins A2015-50 amdt 3.81\ndef vessel reloc from s 4 A2001-8 amdt 1.4\ndef volunteer ins A2003-55 s 6\ndef warrant ins A2015-50 amdt 3.81\ndef warrant premises ins A2015-50 amdt 3.81\ndef worker ins A2003-55 s 6\ndef young person ins A2008-19 amdt 1.20\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n23 May 1963–\n14 Mar 1968\nOrd1963-11 republication for\nOrd1942-12,\nOrd1944-1,\nOrd1951-14 and\nOrd1963-11\nR0A (RI)\n23 May 1963–\n14 Mar 1968\nOrd1963-11 reissue of\nR0B\n18 Nov 1983\n18 Nov 1983–\n18 Dec 1984\nOrd1983-55 republication for\nOrd1968-4,\nOrd1970-40,\nOrd1971-2,\nOrd1974-17,\nOrd1978-45,\nOrd1979-1,\nOrd1983-27,\nOrd1983-45 and\nOrd1983-55\nR0B (RI)\n18 Nov 1983–\n18 Dec 1984\nOrd1963-11 reissue of\n\nfor\nR0C\n11 Feb 1987\n11 Feb 1987–\nOrd1987-3 republication for\nOrd1984-32,\nOrd1984-78,\nOrd1985-11,\nOrd1985-16,\nOrd1985-40,\nOrd1985-44,\nOrd1985-62,\nOrd1985-67,\nOrd1985-75,\nOrd1986-14,\nOrd1986-15,\nOrd1986-27 (as\nOrd1986-37),\nOrd1986-53,\nOrd1986-57 (as\nOrd1987-3),\nOrd1986-74 and\nOrd1987-3\nR0C (RI)\n11 Feb 1987–\nOrd1987-3 reissue of\nR0D\n1 July 1990–\n5 Feb 1991\nOrd1990-5 republication for\nOrd1988-44,\nOrd1988-75,\nOrd1990-1,\nOrd1990-2,\nOrd1990-4 and\nOrd1990-5\nR0D (RI)\n1 July 1990–\n5 Feb 1991\nOrd1990-5 reissue of\n8 July 1992–\n27 Nov 1992\nA1992-35 first\nrepublication\nafter self-\ngovernment\nR1 (RI)\n8 July 1992–\n27 Nov 1992\nA1992-35 reissue of\n\nfor\nR1A\n28 Nov 1992–\n23 Dec 1992\nA1992-35 amendments by\nA1992-9\nR1B\n24 Dec 1992–\n28 Feb 1993\nA1992-35 amendments by\nA1992-76\nR1C\n1 Mar 1993–\nA1993-3 amendments by\nA1993-3\nR1D\n1 June 1993–\n14 Nov 1993\nA1993-3 amendments by\nA1992-65\nR1E\n15 Nov 1993–\n16 Dec 1993\nA1993-73 amendments by\nA1993-73\n31 Jan 1994\n17 Dec 1993–\nA1993-91 amendments by\nA1993-91\nR2 (RI)\n17 Dec 1993–\nA1993-91 reissue of\nR2A\n18 Feb 2003\n1 July 1994–\n30 Nov 1994\nA1994-38 amendments by\nA1994-38\nR2B\n17 Feb 2003\n1 Dec 1994–\n14 Dec 1994\nA1994-75 amendments by\nA1994-75\nR2C\n12 Dec 2002\n15 June 1995–\nA1994-98 amendments by\nA1994-84 and\nA1994-86\nR2D\n2 Dec 2002\n19 June 1995–\n31 Aug 1995\nA1995-3 amendments by\nA1995-2\nR2E\n2 Dec 2002\n1 Sept 1995–\nA1995-3 amendments by\nA1995-3\nR2F\n28 Nov 2002\n18 June 1996–\nA1995-50 amendments by\nA1995-49\nR2G\n27 Nov 2002\n1 July 1996–\nA1996-31 amendments by\nA1996-31\n30 Nov 1996\n10 July 1996–\nA1996-36 amendments by\nA1996-36\nR3 (RI)\n10 July 1996–\nA1996-36 reissue of\n\nfor\nR3A\n17 May 1997–\nA1997-10 amendments by\nA1997-10\nR3B\n30 May 1997–\n30 Nov 1997\nA1997-86 amendments by\nA1997-23\nR3C\n20 Nov 2002\n1 Dec 1997–\n10 Dec 1997\nA1997-96 amendments by\nA1995-50\nR3D\n11 Dec 1997–\n23 Dec 1997\nA1997-96 amendments by\nA1997-86\n1 June 1998–\nA1997-117 amendments by\nA1997-96\nR4 (RI)\n1 June 1998–\nA1997-117 reissue of\n28 Feb 1999\n1 Jan 1999–\nA1998-71 amendments by\nA1998-29,\nA1998-67 and\nA1998-71\nR5 (RI)\n1 Jan 1999–\nA1998-71 reissue of\n10 Nov 1999\n6 Oct 1999–\n14 Dec 1999\nA1999-64 amendments by\nA1999-60\nR6 (RI)\n6 Oct 1999–\n14 Dec 1999\nA1999-64 reissue of\nR6A\n15 Dec 1999–\n23 Dec 1999\nA1999-71 amendments by\nA1999-71\nR6B\n1 Mar 2000–\n8 Mar 2000\nA1999-91 amendments by\nA1999-79\nR6C\n10 May 2000–\n4 Oct 2000\nA2000-3 amendments by\nA1999-64 and\nA2000-3\nR6D\n5 Oct 2000–\n20 Dec 2000\nA2000-58 amendments by\nA2000-58\nR6E\n1 Jan 2001–\n7 Mar 2001\nA2000-85 amendments by\nA2000-66 and\nA2000-85\n\nfor\nR7 (RI)\n12 Sept 2001–\n13 Sept 2001\nA2001-44 and\nA2001-56\ns 448\nR8 (RI)\n14 Sept 2001–\n26 Sept 2002\nA2001-70 and\nA2001-75\ns 448\nR9*\n7 Jan 2002\n7 Jan 2002–\n13 Mar 2002\nA2001-90 commenced\nexpiry and\ngeneral\nrenumbering\nR9 (RI)\n7 Jan 2002–\n13 Mar 2002\nA2001-90 reissue for\nR10 (RI)\n14 Mar 2002–\n26 Mar 2002\nA2002-3\nR11 (RI)\n27 Mar 2002–\nA2001-90 and\ncommenced\n\nfor\nR12 (RI)\n14 May 2002–\nA2002-9\nR13 (RI)\n28 May 2002–\n8 Sept 2002\nA2002-11 amendments by\nA2002-11\nR14 (RI)\n9 Sept 2002–\n12 Sept 2002\nA2002-24 amendments by\nA2002-24\nR15 (RI)\n13 Sept 2002–\n27 Nov 2002\nR16 (RI)\n28 Nov 2002–\n9 Dec 2002\nR17 (RI)\n10 Dec 2002–20\nDec 2002\n\nfor\nR18 (RI)\n21 Dec 2002–\n31 Dec 2002\nA2002-50\nR19 (RI)\n1 Jan 2003–\n16 Jan 2003\nA2002-51\nR20 (RI)\n17 Jan 2003–\n19 Mar 2003\nA2002-49\n20 Mar 2003\n20 Mar 2003–\n27 Mar 2003\nA2002-50\nR22*\n28 Mar 2003\n28 Mar 2003–\n14 Aug 2003\nA2003-14 amendments by\nA2003-14\n15 Aug 2003\n15 Aug 2003–\n29 Feb 2004\nA2003-14 amendments by\nA2003-8\n1 Mar 2004\n1 Mar 2004–\n16 Mar 2004\nA2004-2 amendments by\nA2003-55\n17 Mar 2004\n17 Mar 2004–\n21 Mar 2004\nA2004-16\n22 Mar 2004\n22 Mar 2004–\n8 Apr 2004\nA2004-2\n9 Apr 2004\n9 Apr 2004–\nA2004-15\n18 June 2004–\nA2004-17 commenced\n26 June 2004–\nA2004-17 amendments by\nA2004-14\n\nfor\n1 July 2004-\nA2004-28 amendments by\nA2004-28\n8 July 2004-\nA2004-32 amendments by\nA2004-30\nR32*\n13 July 2004–\n31 Dec 2004\nA2004-32 amendments by\nA2004-32\n1 Jan 2005\n1 Jan 2005–\n9 Jan 2005\nA2004-17\n10 Jan 2005\n10 Jan 2005–\n30 Jan 2005\nA2004-60\n31 Jan 2005\n31 Jan 2005–\n23 Feb 2005\nA2004-65\n24 Feb 2005\n24 Feb 2005–\n24 Mar 2005\nA2005-7 amendments by\nA2005-7\n25 Mar 2005\n25 Mar 2005–\nA2005-13 amendments by\nA2005-13\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n7 July 2005–\n31 Aug 2005\nA2005-20 updated\nendnotes\n1 Sept 2005\n1 Sept 2005–\n6 Sept 2005\nA2005-20 amendment to\ncommencement\nof A2004-61 by\nA2005-43\n7 Sept 2005\n7 Sept 2005–\n7 Sept 2005\nA2005-48 amendments by\nA2005-48\n8 Sept 2005\n8 Sept 2005–\n22 Nov 2005\nA2005-48 amendments by\nA2005-44\n23 Nov 2005\n23 Nov 2005–\n16 Jan 2006\nA2005-53 amendments by\nA2005-53\n17 Jan 2006\n17 Jan 2006–\n22 Feb 2006\nA2005-53 amendments by\nA2004-39\n23 Feb 2006\n23 Feb 2006–\n15 Mar 2006\nA2006-1 amendments by\nA2006-1\n\nfor\n16 Mar 2006\n16 Mar 2006–\n6 Apr 2006\nA2006-5 amendments by\nA2006-5\nR47*\n7 Apr 2006\n7 Apr 2006–\nA2006-14 amendments by\nA2006-14\n2 June 2006–\n17 Nov 2006\nA2006-23 amendments by\nA2006-23\n18 Nov 2006\n18 Nov 2006–\n27 Mar 2007\nA2006-46 amendments by\nA2006-46\n28 Mar 2007\n28 Mar 2007–\n5 Sept 2007\nA2006-46 amendments by\nA2006-38\n6 Sept 2007\n6 Sept 2007–\n22 Nov 2007\nA2007-22 amendments by\nA2007-22\n23 Nov 2007\n23 Nov 2007–\n17 Dec 2007\nA2007-37 amendments by\nA2007-37\n18 Dec 2007\n18 Dec 2007–\n15 Apr 2008\nA2007-37 amendments by\nA2007-15\n16 Apr 2008\n16 Apr 2008–\nA2008-6 amendments by\nA2008-6\n19 May 2008–\n26 Aug 2008\nA2008-14 amendments by\nA2008-14\n27 Aug 2008\n27 Aug 2008–\n1 Feb 2009\nA2008-29 amendments by\nA2008-29\n2 Feb 2009\n2 Feb 2009–\n13 Feb 2009\nA2008-36\n14 Feb 2009\n14 Feb 2009–\n26 Feb 2009\nA2008-26\n27 Feb 2009\n27 Feb 2009–\n29 Mar 2009\nA2008-19 and\nA2008-20\n30 Mar 2009\n30 Mar 2009–\nA2008-46\n\nfor\n30 May 2009–\nSL2009-21 amendments by\nA2008-44 and\nmodifications by\nSL2009-21\n6 June 2009–\n3 Sept 2009\nSL2009-27 modifications by\nSL2008-42 as\nSL2009-27\n4 Sept 2009\n4 Sept 2009–\n30 Sept 2009\nA2009-24 amendments by\nA2009-24\n1 Oct 2009\n1 Oct 2009–\n13 Dec 2009\nA2009-32 amendments by\nA2009-28\n14 Dec 2009\n14 Dec 2009–\nA2009-32 amendments by\nA2009-32\n31 May 2010–\nA2010-10 commenced\n1 July 2010–\nA2010-10 amendments by\nA2010-10\nR68*\n9 July 2010–\n30 Nov 2010\nA2010-25 amendments by\nA2010-25\n1 Dec 2010\n1 Dec 2010–\n20 Dec 2010\nA2010-47 amendments by\nA2010-43 and\nA2010-47\n21 Dec 2010\n21 Dec 2010–\n16 Mar 2011\nA2010-50 amendments by\nA2010-50\n17 Mar 2011\n17 Mar 2011–\nA2011-7 amendments by\nA2011-7\n13 May 2011–\nA2011-15 amendments by\nA2011-15\n1 July 2011–\nA2011-22\n7 July 2011–\nA2011-20\n25 July 2011–\n23 Nov 2011\nA2011-13\n\nfor\n24 Nov 2011\n24 Nov 2011–\n11 Dec 2011\nA2011-50 amendments by\nA2011-50\n12 Dec 2011\n12 Dec 2011–\n31 Dec 2011\nA2011-52 amendments by\nA2011-52\nR78*\n1 Jan 2012\n1 Jan 2012–\n29 Feb 2012\nA2011-55 amendments by\nA2011-55\n1 Mar 2012\n1 Mar 2012–\nA2011-55 amendments by\nA2011-48\n26 July 2012–\n10 Sept 2012\nA2011-55 expiry of\ntransitional\nprovision (pt 31)\n11 Sept 2012\n11 Sept 2012–\n3 Apr 2013\nA2012-40 amendments by\nA2012-40\n4 Apr 2013\n4 Apr 2013–\n23 Apr 2013\nA2013-11 amendments by\nA2013-11\n24 Apr 2013\n24 Apr 2013–\nA2013-12 amendments by\nA2013-12\nR84*\n1 July 2013–\n6 Nov 2013\nA2013-12 amendments by\nA2013-3\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\nR85 (RI)\n24 Feb 2014\n7 Nov 2013–\n9 Dec 2013\nA2013-39 (never\neffective)\nreissue because\nof High Court\ndecision in\nrelation to\n10 Dec 2013\nnever effective A2013-50 amendments by\nA2013-50\nR86 (RI)\n24 Feb 2014\n10 Dec 2013–\nA2013-50 reissue because\nof High Court\ndecision in\nrelation to\n\nfor\n26 July 2014–\nA2013-50 expiry of\nprovision (s 374\n(9), (10))\n29 July 2014–\n6 Aug 2014\nA2013-50 modifications by\nSL2014-16\n7 Aug 2014\n7 Aug 2014–\n7 Aug 2014\nA2014-40 amendments by\nA2014-40\n8 Aug 2014\n8 Aug 2014–\n19 Nov 2014\nA2014-40 expiry of\ntransitional\nprovisions\n(pt 32)\n20 Nov 2014\n20 Nov 2014–\n2 Mar 2015\nA2014-40 amendments by\nA2014-14\n3 Mar 2015\n3 Mar 2015–\n21 Aug 2015\nA2015-3 amendments by\nA2015-3\n22 Aug 2015\n22 Aug 2015–\n1 Oct 2015\nA2015-30 amendments by\nA2015-30\n2 Oct 2015\n2 Oct 2015–\n7 Oct 2015\nA2015-36 amendments by\nA2015-35 and\nA2015-36\n8 Oct 2015\n8 Oct 2015–\n4 Nov 2015\nA2015-36 updated\nendnotes as\nA2015-38\n5 Nov 2015\n5 Nov 2015–\n30 Nov 2015\nA2015-40 amendmens by\nA2015-40\n1 Dec 2015\n1 Dec 2015–\n8 Dec 2015\nA2015-40 amendments by\nA2015-29\n9 Dec 2015\n9 Dec 2015–\n24 Feb 2016\nA2015-50 amendments by\nA2015-50\n25 Feb 2016\n25 Feb 2016–\n29 Feb 2016\nA2016-3 amendments by\nA2016-3\n1 Mar 2016\n1 Mar 2016–\n1 Mar 2016\nA2016-3 amendments by\nA2014-51 and\nA2015-38\n\nfor\n2 Mar 2016\n2 Mar 2016–\n31 Mar 2016\nA2016-4 amendments by\nA2016-4\n1 Apr 2016\n1 Apr 2016–\nA2016-13 amendments by\nA2016-13\n21 June 2016–\nA2016-33 amendments by\nA2016-33\n23 June 2016–\nA2016-36 amendments by\nA2016-36\n29 June 2016–\n23 Aug 2016\nA2016-37 amendments by\nA2016-37\n24 Aug 2016\n24 Aug 2016–\n31 Aug 2016\nA2016-48 amendments by\nA2016-48\n1 Sept 2016\n1 Sept 2016–\n30 Apr 2017\nA2016-52 amendments by\nA2016-52\n1 May 2017–\n14 Aug 2017\nA2017-10 amendments by\nA2016-42 and\nA2017-10\n15 Aug 2017\n15 Aug 2017–\n29 Aug 2017\nA2017-21 amendments by\nA2017-21\n30 Aug 2017\n30 Aug 2017–\n28 Sept 2017\nA2017-22 amendments by\nA2017-22\n29 Sept 2017\n29 Sept 2017–\n15 Nov 2017\nA2017-31 amendments by\nA2017-31\n16 Nov 2017\n16 Nov 2017–\n7 Dec 2017\nA2017-38 amendments by\nA2017-38\n8 Dec 2017\n8 Dec 2017–\n1 Mar 2018\nA2017-45 amendments by\n2 Mar 2018\n2 Mar 2018–\n6 Mar 2018\nA2018-6 amendments by\nA2018-6\n7 Mar 2018\n7 Mar 2018–\n24 Apr 2018\nA2018-6 amendments by\n\nfor\n25 Apr 2018\n25 Apr 2018–\n31 Aug 2018\nA2018-12 amendments by\nA2018-12\n1 Sept 2018\n1 Sept 2018–\n22 Oct 2018\nA2018-12 amendments by\nA2018-5\n23 Oct 2018\n23 Oct 2018–\n7 Nov 2018\nA2018-33 amendments by\nA2018-33\n8 Nov 2018\n8 Nov 2018–\n8 Nov 2018\nA2018-40 amendments by\nA2018-40\n9 Nov 2018\n9 Nov 2018–\n4 Dec 2018\nA2018-43 amendments by\nA2018-43\n5 Dec 2018\n5 Dec 2018–\n14 Aug 2019\nA2018-46 amendments by\nA2018-46\n15 Aug 2019\n15 Aug 2019–\n31 Aug 2019\nA2019-23 amendments by\nA2019-23\n1 Sept 2019\n1 Sept 2019–\n9 Oct 2019\nA2019-23 amendments by\nA2019-6\n10 Oct 2019\n10 Oct 2019–\n6 Dec 2019\nA2019-32 amendments by\nA2019-32\n7 Dec 2019\n7 Dec 2019–\nA2019-43 amendments by\nA2019-43\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n10 June 2020–\nA2020-18 amendments by\nA2020-18\n2 July 2020–\n31 Aug 2020\nA2020-18 expiry of\nmodifications by\nSL2014-16\n1 Sept 2020\n1 Sept 2020–\n19 Feb 2021\nA2020-31 amendments by\nA2020-31\n20 Feb 2021\n20 Feb 2021–\n25 Feb 2021\nA2021-1 amendments by\nA2021-1\n26 Feb 2021\n26 Feb 2021–\n7 Mar 2021\nA2021-3 amendments by\nA2021-3\n\nfor\n8 Mar 2021\n8 Mar 2021–\n19 Apr 2021\nA2021-3 expiry of\n(s 210M)\n20 Apr 2021\n20 Apr 2021–\n13 Oct 2021\nA2021-3 amendments by\nA2020-41\n14 Oct 2021\n14 Oct 2021–\n10 Nov 2021\nA2021-24 amendments by\nA2021-23 and\nA2021-24\n11 Nov 2021\n11 Nov 2021–\nA2021-24 amendments by\nA2021-19\n12 May 2022–\n16 Aug 2022\nA2022-7 amendments by\nA2022-7\n17 Aug 2022\n17 Aug 2022–\n1 Sept 2022\nA2022-13 amendments by\nA2022-13\n2 Sept 2022\n2 Sept 2022–\n19 Dec 2022\nA2022-13 expiry of\n(s 442A)\n20 Dec 2022\n20 Dec 2022–\nA2022-13 amendments by\nA2022-10\n24 May 2023–\nA2023-15 amendments by\nA2023-15\n11 June 2023–\n12 Sept 2023\nA2023-15 expiry of\n(s 442B)\n13 Sept 2023\n13 Sept 2023–\n29 Sept 2023\nA2023-33 amendments by\nA2023-33\n30 Sept 2023\n30 Sept 2023–\n21 Nov 2023\nA2023-37 amendments by\nA2023-37\n22 Nov 2023\n22 Nov 2023–\n20 Apr 2024\nA2023-45 amendments by\nA2023-45\n21 Apr 2024\n21 Apr 2024–\n25 Apr 2024\nA2023-45 expiry of\n(s 442C)\n\n6 Expired transitional or validating provisions\nfor\n26 Apr 2024\n26 Apr 2024–\nA2024-16 amendments by\nA2024-12 and\nA2024-16\n11 July 2024–\n18 Sept 2024\nA2024-33 amendments by\nA2024-33\n19 Sept 2024\n19 Sept 2024–\n18 Oct 2024\nA2024-40 amendments by\nA2024-40\n19 Oct 2024\n19 Oct 2024–\n7 Dec 2024\nA2024-49 amendments by\nA2024-49\n8 Dec 2024\n8 Dec 2024–\n20 Mar 2025\nA2024-49 expiry of\n(s 35AB)\n21 Mar 2025\n21 Mar 2025–\nA2025-3 amendments by\nA2025-3\n13 May 2025–\nA2025-3 expiry of\n(s 442D)\n1 July 2025–\nA2025-9 amendments by\nA2023-45 and\nA2025-9\n16 Nov 2025\n16 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n\nRenumbered provisions 7\n7 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001, in R9 (see Crimes\nLegislation Amendment Act 2001 A2001-63 pt 4). Details of renumbered provisions\nare shown in endnote 4 (Amendment history). For a table showing the renumbered\nprovisions, see R9.","sortOrder":445}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":845},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1900 scope as a consolidation of criminal statutes. Major expansions include: Part 3A (Intimate image abuse, 2019+), Part 33/34 (Age of criminal responsibility transitional provisions, 2023), enhanced family violence provisions with aggravated offences across multiple Parts, institutional child protection offences (ss 36B, 66A), and detailed police accountability measures for children and vulnerable persons. The original 'offences against the person' framework now sits within a much broader statutory scheme covering cybercrime, organised fraud, and complex procedural protections."},"complexity_factors":["Extensive cross-referencing with Commonwealth Criminal Code, Family Violence Act, and other territory legislation","Multiple overlapping aggravated offence schemes (family violence, pregnant victims) with alternative verdict tables spanning 50+ pages","Detailed procedural rules for children including age-based distinctions (under 10, 10-16, 16-18) and special care relationships","Complex police powers framework with warrant requirements, emergency exceptions, and specific protections for transgender/intersex persons (s 185A)","Nested definitions and signpost definitions throughout (e.g., 'sexual act', 'consent', 'vulnerable person' each have multi-part definitions)","Transitional provisions for age of criminal responsibility reforms in Parts 33 and 34 with overlapping application rules","Mental impairment provisions with separate Supreme Court and Magistrates Court procedures","Identification material rules varying by age (under 14, 14-16, 16-18, 18+) and custody status","Course of conduct charging for child sexual offences (s 66B) with relaxed particularisation requirements","Electronic warrant and affidavit provisions with multiple authentication methods"],"plain_english_summary":"**What this law does:**\n\nThe **Crimes Act 1900 (ACT)** is the main criminal law for the Australian Capital Territory. It sets out what behaviour is illegal, what penalties apply, and how police can investigate and arrest people.\n\n**Key areas covered:**\n\n- **Offences against people** — murder, manslaughter, assault, stalking, kidnapping, torture, and new offences like food/drink spiking and driving at police\n- **Sexual offences** — rape, sexual assault, child sexual abuse, incest, intimate image abuse (\"revenge porn\"), and failure to report child sexual offences\n- **Property offences** — arson, vandalism, money laundering, organised fraud\n- **Public safety** — contaminating goods, causing public alarm, female genital mutilation\n- **Police powers** — search warrants, arrest, strip searches, crime scenes, and special rules for children\n- **Mental health** — procedures when accused people are unfit to plead or not guilty due to mental impairment\n\n**Who it affects:**\n\nEveryone in the ACT — residents, visitors, and organisations. It also applies to certain acts done outside the ACT if they affect people or property in the Territory.\n\n**Why it matters:**\n\nThis is the foundational criminal statute for the ACT. It has been heavily updated to address modern concerns like family violence (with aggravated offences), child protection (including mandatory reporting and institutional accountability), cybercrime (intimate image abuse), and police accountability (special protections for children under 14 and transgender/intersex people during searches).\n\n**Notable features:**\n\n- **Family violence aggravation** — many offences carry higher penalties if committed in family violence contexts\n- **Child protection** — extensive provisions for reporting abuse, protecting children in institutions, and special interview procedures\n- **Age of criminal responsibility** — transitional provisions (Parts 33 and 34) reflect recent reforms raising the age from 10 to 14\n- **Consent in sexual offences** — detailed rules about when consent is invalid (including stealthing, intoxication, and abuse of trust)"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act’s subject‑matter and internal definitions have been expanded and reworked over time. Endnote 4 records a long history of insertions, omissions, substitutions and relocations of definitions and provisions. The notes show substantive additions and newer regimes (for example the crime‑scene regime at ss 210A–210M, modern child‑exploitation offences at ss 64–65, intimate‑observation offences at s 61B, and the detailed mental‑impairment/ACAT referral processes in Part 5 (ss 319–335)). Section 7A also formalises the application of Commonwealth Criminal Code ch 2 to a listed set of offences, which changes the sources of criminal‑responsibility rules applicable to those offences. These recorded amendments and added procedural/definition clusters indicate a changed and broadened operative scope compared with earlier iterations (see Endnote 4; s 7A; ss 210A–210M; ss 64–65; ss 319–335)."},"complexity_factors":["Large number of separate substantive offence categories (sexual offences, child exploitation, property/fraud, computer offences, contamination/public alarm) requiring distinct elements and penalties (see ss 54–65; ss 83–116; ss 131–139; ss 140A–140D).","Extensive cross‑referencing to defined‑term clusters and external instruments (dictionary s 4; clusters at s 83, s 114A, s 131, s 135; application of Commonwealth Criminal Code ch 2 in s 7A).","Mixed liability rules including strict and absolute liability and legal presumptions that alter evidentiary burdens in particular offences (see s 5; s 64(2)–(4); s 61B(2)–(3)).","Detailed procedural and operational regimes for searches, crime scenes, arrests and identification with many safeguards/exceptions (ss 207–226; ss 210A–210M; ss 227–236).","A structured mental‑health interface that moves disposition decisions between courts and an administrative tribunal (ACAT) with referral, review and settlement rules (ss 319–335).","Special evidentiary and indictment rules for long‑period offences (for example persistent sexual abuse s 56 with transitional penalty caps and venue rules).","Forfeiture, disposal and cost allocation mechanisms that intersect criminal proceedings and administrative agencies (ss 248–251).","High amendment activity and relocations recorded in Endnote 4, increasing interpretative difficulty across versions and provisions.","Overlap of criminal rules with other statutory regimes (for example Mental Health Act interactions, and cross‑jurisdictional arrest/search rules) requiring multi‑statute analysis."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- What the Act is, mechanically: The Crimes Act 1900 sets out a large catalogue of criminal offences (for example sexual offences, property offences, computer offences, public-alarm offences), definitions that apply across the Act, and procedural powers and mechanisms for police and courts (for example search and seizure, arrest, identification, and how courts deal with mental impairment). Key cross‑cutting rules include the dictionary that is part of the Act (s 4) and the rule that the Act applies to all offences so far as it can be applied (s 2).\n\n- Main substantive blocks and who is affected: \n  - Sexual and indecency offences: The Act lists many sexual offences with maximum penalties, age‑based offences and higher penalties for aggravated cases (for example, sexual intercourse without consent (s 54); sexual intercourse with a child (s 55); sexual offences where the accused has special care responsibilities (s 55A); persistent sexual abuse (s 56); acts of indecency (ss 57–61A); intimate observation/capturing visual data (s 61B)). These provisions most directly affect alleged offenders and alleged victims and set out defences and evidentiary burdens in particular cases (see s 55, s 55A, s 61B). \n  - Child exploitation and related material offences: Using a child for production of child‑exploitation material, trading in it and possession are criminalised with heavy penalties and special evidentiary rules about age (ss 64–65). Those who produce, distribute or possess such material are the primary regulated population. \n  - Property and fraud offences: Theft, robbery, burglary, handling stolen goods, fraud, money‑laundering and related offences are grouped in Part 6 (see ss 83–116 and ss 114A–114D). These provisions affect individuals and corporate actors (officer liability in s 101) involved in property, financial or commercial conduct. \n  - Computer, contamination and public‑alarm offences: The Act criminalises unlawful access to or damage of computer data (ss 131–134), contaminating goods or making false contamination threats (ss 135–139), and offences intended to cause public alarm (ss 140A–140D). These affect people and businesses that use computer systems, supply goods, or communicate about safety issues. \n  - Police powers, search and seizure and crime‑scene regime: The Act authorises a wide range of operational powers for police and other authorised officers — stopping and searching people and vehicles (ss 207–209), establishing crime scenes and the powers/duties that follow (ss 210A–210M), entry and arrest powers (ss 219–226), search rules including strip searches (ss 227–228), and retention/destruction/return of seized items (ss 229–246). These provisions govern how investigators act and place duties on people at search scenes (for example, failure to comply with directions at a crime scene is an offence (s 210L)). \n  - Identification powers and forensic/administrative follow‑up: Powers to take fingerprints, photographs, take forensic samples, and run identification procedures are set out with special rules for minors (ss 230–236, 230A, 234). \n  - Mental‑impairment interface: The courts are given a structured set of procedures when an accused is mentally impaired or unfit to plead. Courts may enter special verdicts or order that an accused be brought under the jurisdiction of the mental health tribunal (ACAT) so ACAT can make mental‑health or forensic mental‑health orders (see ss 319–335). These provisions change how some accused persons are dealt with procedurally and direct certain decision‑paths to the ACAT. \n\n- How the Act works mechanically (decision makers, who pays, and compliance burdens):\n  - Who decides: Criminal guilt and sentencing are decided by courts; operational decisions about arrest, searches, and crime‑scene declarations are taken by police officers under the powers and limits in Part 7 (see ss 207–210, 210A–210M). Where a court refers questions of mental impairment, ACAT makes determinations and recommends orders; courts then consider ACAT's recommendations (see ss 319, 323, 331). The Director of Public Prosecutions has specified roles (for consent to some prosecutions and to consider further proceedings when ACAT later finds fitness to plead—see s 56(10), s 319A, s 335A). \n  - Who pays / cost allocation in the Act text: The Act mostly prescribes criminal penalties and powers, not user charges, but it includes some explicit cost allocations: compensation for damage to electronic equipment caused by exercising powers (s 201); disposal of forfeited articles through the Public Trustee and costs payable to the Public Trustee from proceeds (ss 250–251); and forfeiture/removal mechanisms (ss 248–249). In other places the Act creates liabilities (fines, imprisonment or penalty units) that the convicted person bears. \n  - Compliance burdens and obligations: People and organisations face compliance duties including providing identity information when required (s 211), obeying crime‑scene directions (s 210J–210L), surrendering items or submitting to searches (ss 223–227), respecting prohibitions on disclosure (s 153), and corporate officers face potential liability if corporations commit offences (s 101). Police and courts have procedural obligations as well (e.g., providing receipts for seized items (s 204), allowing occupiers to be present during searches (s 203), and steps for returning seized items (s 244–246)). \n\n- Mechanisms that shift incentives and create potential trade‑offs: \n  - Strict and absolute liability and legal presumptions affect who bears risk and evidence burdens. Examples in the notes include a legal presumption that a firearm presented unlawfully is taken to be loaded unless contrary proved (s 5), absolute liability for a child‑age element in some child‑exploitation offences (s 64(2)), strict‑liability age elements for older age bands (s 64(4)), and strict/absolute liability for elements in intimate‑observation offences (s 61B(2)–(3)). Those rules reduce the prosecution's need to prove some mental elements and thereby shift evidentiary burdens toward defendants in specified respects. \n  - Delegation of assessment and continuing decision‑making to administrative bodies: When courts refer cases to ACAT, ACAT’s determinations largely shape subsequent orders concerning detention, treatment or supervision (see ss 319, 323, 331). That creates ongoing administrative discretion outside sentencing courts. \n  - Cross‑reference to Commonwealth Criminal Code ch 2 (s 7A): For a listed set of offences, the general criminal responsibility rules in the Commonwealth Criminal Code ch 2 (intention, recklessness, defences, burdens) apply, which harmonises fault rules for those offences but also creates an extra source of legal rules parties must consult. \n\n- Implementation risks and compliance costs visible in the text: \n  - Complexity of statutory cross‑references and definitions: Numerous definitions are central to applying offences (dictionary s 4; clusters such as s 83, s 114A, s 131, s 135) and endnote 4 records many amendments and relocations that require careful statutory reading. That raises litigation and administrative costs to interpret which version or definition applies in a given case (see s 4 and Endnote 4). \n  - Administrative burden on police and courts: Detailed procedural requirements for searches, crime‑scenes, identification, and mental‑health referrals (Parts 5 and 7; s 210A–210M; ss 319–335) create operational steps that police and courts must follow and that can affect case processing times. \n  - Concentrated vs diffuse effects: Many criminal offences concentrate penalties on identifiable groups (e.g., alleged offenders in sexual, property, computer and child‑exploitation offences). Compliance burdens (for example recordkeeping or avoiding strict‑liability traps) fall unevenly on businesses and corporate officers in commercial areas covered by Part 6 (s 101), and on educational/health/custodial workers covered by special‑care offences (s 55A) who are specifically regulated by the Act. \n\n- Neutral summary of trade‑offs the notes show (no policy verdicts): \n  - The Act creates specific criminal prohibitions and procedural powers intended to enable law enforcement and courts to respond to a broad range of conduct (see the offence clusters and procedural parts summarised above). That structure reduces uncertainty about prohibited conduct but increases the volume of detailed rules that police, courts and regulated persons must apply (see s 4, Part 6, Part 7, and Endnote 4). \n  - Where the Act uses strict or absolute liability or evidentiary presumptions (for example s 5, s 64, s 61B), it lowers the prosecution’s burden for specific elements, which can speed some prosecutions but shifts evidentiary and risk burdens toward defendants and may increase litigation over exceptions and defences (see s 5, s 64(2)–(4), s 61B(2)–(4)). \n  - Where courts refer mental‑impairment matters to ACAT (ss 319, 323, 331, 334), decision‑making about detention and care moves into an administrative tribunal process, producing different decision paths than ordinary sentencing and introducing dependency on ACAT’s processes and recommendations. \n\n- Quick map to important provisions cited in this summary: s 2, s 4, s 5, s 7A, ss 54–66 (sexual/indecency and child exploitation), s 61B (intimate observations), ss 83–116 and ss 114A–114D (property, fraud, money‑laundering), ss 131–134 (computer offences), ss 135–140D (contamination/public alarm), ss 207–226 and ss 210A–210M (police/search/crime‑scene/arrest powers), ss 227–236 (search and identification), ss 244–251 (forfeiture/disposal/costs), ss 319–335 (mental impairment procedures), Endnote 4 (amendment history)."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-act-1900","history":"/api/acts/crimes-act-1900/history","analysis":"/api/acts/crimes-act-1900/analysis","conflicts":"/api/acts/crimes-act-1900/conflicts","importantCases":"/api/acts/crimes-act-1900/important-cases","documents":"/api/acts/crimes-act-1900/documents"}}