{"id":"a-2002-51","name":"Criminal Code","slug":"criminal-code","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"51 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22966,"registerId":"act-a-2002-51-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes 229","content":"1 About the endnotes 229\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key 229","content":"2 Abbreviation key 229\n\nPage\ncontents 14 Criminal Code 2002\n3 Legislation history 230\n4 Amendment history 239\n5 Earlier republications 264\n\nAn Act relating to the criminal law, and for other purposes\n\n1 Name of Act\nThis Act is the Criminal Code 2002.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 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\nelsewhere in this Act.\nFor example, the signpost definition ‘conduct—see section 13.’ means\nthat the expression ‘conduct’ is defined in that section.\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":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Codification","content":"5 Codification\n(1) The only offences against territory laws are the offences created under\nthis Act or any other Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) This section does not apply until the application date.\n(3) Subsection (2) and this subsection expire on the application date.\n\nPurpose and application—ch 2 Part 2.1\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"General principles of criminal","content":"Chapter 2 General principles of criminal\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Purpose—ch 2","content":"6 Purpose—ch 2\n(1) The purpose of this chapter is to codify general principles of criminal\nresponsibility under territory laws.\n(2) It contains all the general principles of criminal responsibility that\napply to any offence, irrespective of how the offence is created.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application—ch 2","content":"7 Application—ch 2\nThis chapter applies to all offences against this Act and all other\noffences against territory laws.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Delayed application of ch 2 to certain offences","content":"8 Delayed application of ch 2 to certain offences\n(1) Despite section 7, the provisions of this chapter (other than the\napplied provisions) do not apply to a pre-2003 offence unless—\n(a) the offence is omitted and remade (with or without changes); or\n(b) an Act or subordinate law expressly provides for the provisions\nto apply to the offence.\n(2) To remove any doubt, a power to make subordinate laws for an Act\nincludes power to make subordinate laws applying this chapter to, or\ndisplacing the application of subsection (1) to, offences against\nsubordinate laws under that Act.\n(3) In interpreting the applied provisions in relation to an offence, the\nother provisions of this Act may be considered.\n\nomitted and remade—an offence is not omitted and remade if it is\namended without being omitted and remade.\npre-2003 offence means an offence in force before 1 January 2003.\n(5) This section expires on the application date.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Definitions—applied provisions and application date","content":"10 Definitions—applied provisions and application date\napplication date means a date declared by the Minister.\napplied provisions means the following provisions of this chapter:\n• section 15 (5) (which deals with evidence of self-induced\nintoxication)\n• division 2.3.1 (Lack of capacity—children)\n• division 2.3.2 (Lack of capacity—mental impairment)\n• division 2.3.3 (Intoxication)\n• part 2.4 (Extensions of criminal responsibility)\n• part 2.5 (Corporate criminal responsibility)\n• part 2.6 (Proof of criminal responsibility)\n• part 2.7 (Geographical application).\nNote Div 2.3.2 and s 66 (2) (d) became applied provisions on the\ncommencement of the Criminal Code (Mental Impairment) Amendment\nAct 2006. Pt 2.5 became an applied provision on 9 April 2004. The other\napplied provisions have been applied provisions since the\ncommencement of the Code on 1 January 2003.\n(2) A declaration under subsection (1) is a notifiable instrument.\n(3) This section expires on the application date.\n\nGeneral—pt 2.2 Division 2.2.1\n","sortOrder":9},{"sectionNumber":"Div 2","sectionType":"division","heading":"2.1 General—pt 2.2","content":"Division 2.2.1 General—pt 2.2\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Elements","content":"11 Elements\n(1) An offence consists of physical elements and fault elements.\n(2) However, the law that creates the offence may provide that there is\nno fault element for some or all of the physical elements.\n(3) The law that creates the offence may provide different fault elements\nfor different physical elements.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Establishing guilt of offences","content":"12 Establishing guilt of offences\n(1) A person must not be found guilty of committing an offence unless\nthe following is proved:\n(a) the existence of the physical elements that are, under the law\ncreating the offence, relevant to establishing guilt;\n(b) for each of the physical elements for which a fault element is\nrequired—the fault element or 1 of the fault elements for the\nphysical element.\nNote 1 See pt 2.6 on proof of criminal responsibility.\nNote 2 See pt 2.7 on geographical jurisdiction.\n(2) However, unless the law creating the offence otherwise expressly\nprovides, a person can be found guilty of committing the offence even\nthough, when carrying out the conduct required for the offence, the\nperson is mistaken about, or ignorant of, the existence or content of a\nlaw that creates the offence.\nNote Create, in relation to an offence, is defined in the dictionary.\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Definitions—conduct and engage in conduct","content":"13 Definitions—conduct and engage in conduct\nIn this Act:\nconduct means an act, an omission to do an act or a state of affairs.\nNote Section 363A (Definitions—pt 3.8A) affects the meaning of conduct.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Physical elements","content":"14 Physical elements\nA physical element of an offence may be—\n(a) conduct; or\n(b) a result of conduct; or\n(c) a circumstance in which conduct, or a result of conduct,\nhappens.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Voluntariness","content":"15 Voluntariness\n(1) Conduct can only be a physical element if it is voluntary.\n(2) Conduct is voluntary only if it is a product of the will of the person\nwhose conduct it is.\nExamples of conduct that is not voluntary\n1 a spasm, convulsion or other unwilled bodily movement\n2 an act done during sleep or unconsciousness\n3 an act done during impaired consciousness depriving the person of the will to\nact\n(3) An omission to do an act is voluntary only if the act omitted is an act\nthat the person can do.\n\nFault elements Division 2.2.3\n(4) If the conduct required for an offence consists only of a state of\naffairs, the state of affairs is voluntary only if it is a state of affairs\nover which the person is capable of exercising control.\n(5) Evidence of self-induced intoxication cannot be considered in\ndeciding whether conduct is voluntary.\nNote For when intoxication is self-induced, see s 30.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Omissions","content":"16 Omissions\nAn omission to do an act can only be a physical element if—\n(a) the law creating the offence makes it a physical element; or\n(b) the law creating the offence impliedly provides that the offence\nis committed by an omission to do an act that there is a duty to\ndo under a territory law or a law of a State or the\nCommonwealth.\nNote Law, of the Territory, includes the common law (see Legislation\nAct, dict, pt 1).\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Fault elements","content":"17 Fault elements\n(1) A fault element for a particular physical element may be intention,\nknowledge, recklessness or negligence.\n(2) Subsection (1) does not prevent a law that creates an offence from\nproviding other fault elements for a physical element of the offence.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Intention","content":"18 Intention\n(1) A person has intention in relation to conduct if the person means to\nengage in the conduct.\n(2) A person has intention in relation to a result if the person means to\nbring it about or is aware that it will happen in the ordinary course of\nevents.\n\n(3) A person has intention in relation to a circumstance if the person\nbelieves that it exists or will exist.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Knowledge","content":"19 Knowledge\nA person has knowledge of a result or circumstance if the person is\naware that it exists or will exist in the ordinary course of events.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Recklessness","content":"20 Recklessness\n(1) A person is reckless in relation to a result if—\n(a) the person is aware of a substantial risk that the result will\nhappen; and\n(b) having regard to the circumstances known to the person, it is\nunjustifiable to take the risk.\n(2) A person is reckless in relation to a circumstance if—\n(a) the person is aware of a substantial risk that the circumstance\nexists or will exist; and\n(b) having regard to the circumstances known to the person, it is\nunjustifiable to take the risk.\n(3) The question whether taking a risk is unjustifiable is a question of\nfact.\n(4) If recklessness is a fault element for a physical element of an offence,\nproof of intention, knowledge or recklessness satisfies the fault\nelement.\n\nCases where fault elements are not required Division 2.2.4\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Negligence","content":"21 Negligence\nA person is negligent in relation to a physical element of an offence\nif the person’s conduct merits criminal punishment for the offence\nbecause it involves—\n(a) such a great falling short of the standard of care that a reasonable\nperson would exercise in the circumstances; and\n(b) such a high risk that the physical element exists or will exist.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Offences that do not provide fault elements","content":"22 Offences that do not provide fault elements\n(1) If the law creating an offence does not provide a fault element for a\nphysical element that consists only of conduct, intention is the fault\nelement for the physical element.\n(2) If the law creating an offence does not provide a fault element for a\nphysical element that consists of a circumstance or a result,\nrecklessness is the fault element for the physical element.\nDivision 2.2.4 Cases where fault elements are not\nrequired\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Strict liability","content":"23 Strict liability\n(1) If a law that creates an offence provides that the offence is a strict\nliability offence—\n(a) there are no fault elements for any of the physical elements of\nthe offence; and\n(b) the defence of mistake of fact under section 36 (Mistake of\nfact—strict liability) is available.\n(2) If a law that creates an offence provides that strict liability applies to\na particular physical element of the offence—\n(a) there are no fault elements for the physical element; and\n\nDivision 2.2.4 Cases where fault elements are not required\n(b) the defence of mistake of fact under section 36 is available in\nrelation to the physical element.\n(3) The existence of strict liability does not make any other defence\nunavailable.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Absolute liability","content":"24 Absolute liability\n(1) If a law that creates an offence provides that the offence is an absolute\nliability offence—\n(a) there are no fault elements for any of the physical elements of\nthe offence; and\n(b) the defence of mistake of fact under section 36 (Mistake of\nfact—strict liability) is not available.\n(2) If a law that creates an offence provides that absolute liability applies\nto a particular physical element of the offence—\n(a) there are no fault elements for the physical element; and\n(b) the defence of mistake of fact under section 36 is not available\nin relation to the physical element.\n(3) The existence of absolute liability does not make any other defence\nunavailable.\n\nLack of capacity—children Division 2.3.1\nPart 2.3 Circumstances where there is no\ncriminal responsibility\nDivision 2.3.1 Lack of capacity—children\n25 Children under 14—criminal responsibility\n(1) A child under 14 years old is not criminally responsible for an\n(2) However, a child who is 12 years old or older, but under 14 years old,\ncan be criminally responsible for an offence mentioned in schedule 1\n(a schedule offence) but only if the child knows that their conduct is\nwrong.\n(3) A reference to a schedule offence does not include a reference to—\n(a) an offence against part 2.4 (Extensions of criminal\nresponsibility) that relates to the schedule offence other than\nsection 46 (Commission by proxy); or\n(b) an offence against section 717 (Accessory after the fact) that\nrelates to the schedule offence.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Children 12 and over but under 14—knowledge that","content":"26 Children 12 and over but under 14—knowledge that\nconduct wrong\n(1) The question of whether a child who is 12 years old or older, but\nunder 14 years old, knows that their conduct is wrong is a question of\nfact.\n(2) The burden of proving that a child knows that their conduct is wrong\nis on the prosecution.\n\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Definition—mental impairment","content":"27 Definition—mental impairment\nmental impairment includes senility, intellectual disability, mental\nillness, brain damage and severe personality disorder.\nmental illness is an underlying pathological infirmity of the mind,\nwhether of long or short duration and whether permanent or\ntemporary, but does not include a condition (a reactive condition)\nresulting from the reaction of a healthy mind to extraordinary external\nstimuli.\n(3) However, a reactive condition may be evidence of a mental illness if\nit involves some abnormality and is prone to recur.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Mental impairment and criminal responsibility","content":"28 Mental impairment and criminal responsibility\n(1) A person is not criminally responsible for an offence if, when carrying\nout the conduct required for the offence, the person was suffering\nfrom a mental impairment that had the effect that—\n(a) the person did not know the nature and quality of the conduct;\nor\n(b) the person did not know that the conduct was wrong; or\n(c) the person could not control the conduct.\n(2) For subsection (1) (b), a person does not know that conduct is wrong\nif the person cannot reason with a moderate degree of sense and\ncomposure about whether the conduct, as seen by a reasonable\nperson, is wrong.\n(3) The question whether a person was suffering from a mental\nimpairment is a question of fact.\n\nIntoxication Division 2.3.3\n(4) A person is presumed not to have been suffering from a mental\nimpairment that had an effect mentioned in subsection (1).\n(5) The presumption is displaced only if it is proved on the balance of\nprobabilities (by the prosecution or defence) that the person was\nsuffering from a mental impairment that had an effect mentioned in\nsubsection (1).\n(6) The prosecution may rely on this section only if the court gives leave.\n(7) If the trier of fact is satisfied that a person is not criminally\nresponsible for an offence only because of mental impairment, it\nmust—\n(a) for an offence dealt with before the Supreme Court—return or\nenter a special verdict that the person is not guilty of the offence\nbecause of mental impairment; or\n(b) for any other offence—find the person not guilty of the offence\nbecause of mental impairment.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Mental impairment and other defences","content":"29 Mental impairment and other defences\n(1) A person cannot rely on a mental impairment to deny voluntariness\nor the existence of a fault element, but may rely on mental impairment\nto deny criminal responsibility.\n(2) If the trier of fact is satisfied that a person carried out conduct because\nof a delusion caused by a mental impairment, the delusion itself\ncannot be relied on as a defence, but the person may rely on the\nmental impairment to deny criminal responsibility.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Intoxication—interpretation","content":"30 Intoxication—interpretation\nfault element of basic intent means a fault element of intention for a\nphysical element that consists only of conduct.\n\nintoxication means intoxication because of the influence of alcohol,\na drug or any other substance.\n(2) For this Act, intoxication is self-induced unless it came about—\n(a) involuntarily; or\n(b) because of fraud, sudden or extraordinary emergency, accident,\nreasonable mistake, duress or force; or\n(c) from the use of a drug for which a prescription is required and\nthat was used in accordance with the directions of the doctor or\ndentist who prescribed it; or\n(d) from the use of a drug for which no prescription is required and\nthat was used for a purpose, and in accordance with the dosage\nlevel, recommended by the manufacturer.\n(3) However, subsection (2) (c) and (d) does not apply if the person using\nthe drug knew, or had reason to believe, when the person took the\ndrug that the drug would significantly impair the person’s judgment\nor control.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Intoxication—offences involving basic intent","content":"31 Intoxication—offences involving basic intent\n(1) Evidence of self-induced intoxication cannot be considered in\ndeciding whether a fault element of basic intent exists.\nNote A fault element of intention in relation to a result or circumstance is not\na fault element of basic intent (see s 30 (1), def fault element of basic\nintent).\n(2) This section does not prevent evidence of self-induced intoxication\nbeing considered in deciding whether conduct was accidental.\n(3) This section does not prevent evidence of self-induced intoxication\nbeing considered in deciding whether a person had a mistaken belief\nabout facts if, when carrying out the conduct making up the physical\nelement of the offence, the person considered whether or not the facts\nexisted.\n\nIntoxication Division 2.3.3\n(4) A person may be taken to have considered whether or not facts existed\nwhen carrying out conduct if—\n(a) the person had considered, on a previous occasion, whether the\nfacts existed in the circumstances surrounding that occasion; and\n(b) the person honestly and reasonably believed that the\ncircumstances surrounding the present occasion were the same,\nor substantially the same, as the circumstances surrounding the\nprevious occasion.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Intoxication—negligence as fault element","content":"32 Intoxication—negligence as fault element\n(1) If negligence is a fault element for a particular physical element of an\noffence, in deciding whether the fault element exists for a person who\nis intoxicated, regard must be had to the standard of a reasonable\nperson who is not intoxicated.\n(2) However, if intoxication is not self-induced, regard must be had to\nthe standard of a reasonable person intoxicated to the same extent as\nthe person concerned.\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Intoxication—relevance to defences","content":"33 Intoxication—relevance to defences\n(1) If any part of a defence is based on actual knowledge or belief,\nevidence of intoxication may be considered in deciding whether the\nknowledge or belief exists.\n(2) However, if—\n(a) each physical element of an offence has a fault element of basic\nintent; and\n(b) any part of a defence is based on actual knowledge or belief;\nevidence of self-induced intoxication cannot be considered in\ndeciding whether the knowledge or belief exists.\n\n(3) If any part of a defence is based on reasonable belief, in deciding\nwhether the reasonable belief exists, regard must be had to the\nstandard of a reasonable person who is not intoxicated.\n(4) If a person’s intoxication is not self-induced, in deciding whether any\npart of a defence based on reasonable belief exists, regard must be\nhad to the standard of a reasonable person intoxicated to the same\nextent as the person concerned.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Involuntary intoxication","content":"34 Involuntary intoxication\nA person is not criminally responsible for an offence if the person’s\nconduct making up the offence was as a result of intoxication that was\nnot self-induced.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Mistake or ignorance of fact—fault elements other than","content":"35 Mistake or ignorance of fact—fault elements other than\nnegligence\nphysical element for which there is a fault element other than\nnegligence if—\n(a) when carrying out the conduct making up the physical element,\nthe person is under a mistaken belief about, or is ignorant of,\nfacts; and\n(b) the existence of the mistaken belief or ignorance negates a fault\nelement applying to the physical element.\n(2) In deciding whether a person was under a mistaken belief about facts,\nor was ignorant of facts, the trier of fact may consider whether the\nmistaken belief or ignorance was reasonable in the circumstances.\n\nMistake and ignorance Division 2.3.4\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Mistake of fact—strict liability","content":"36 Mistake of fact—strict liability\nphysical element for which there is no fault element if—\n(a) when carrying out the conduct making up the physical element,\nthe person considered whether or not facts existed, and was\nunder a mistaken but reasonable belief about the facts; and\n(b) had the facts existed, the conduct would not have been an\n(2) A person may be taken to have considered whether or not facts existed\nwhen carrying out conduct if—\n(a) the person had considered, on a previous occasion, whether the\nfacts existed in the circumstances surrounding that occasion; and\n(b) the person honestly and reasonably believed that the\ncircumstances surrounding the present occasion were the same,\nor substantially the same, as the circumstances surrounding the\nprevious occasion.\nNote Section 24 (Absolute liability) prevents this section applying to offences\nof absolute liability.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Claim of right","content":"38 Claim of right\nphysical element relating to property if—\n(a) when carrying out the conduct required for the offence, the\nperson is under a mistaken belief about a proprietary or\npossessory right; and\n(b) the existence of the right would negate a fault element for any\nphysical element of the offence.\n(2) A person is not criminally responsible for any other offence arising\nnecessarily out of the exercise of a proprietary or possessory right that\nthe person mistakenly believes to exist.\n\n(3) This section does not negate criminal responsibility for an offence\nrelating to the use of force against a person.\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Intervening conduct or event","content":"39 Intervening conduct or event\nA person is not criminally responsible for an offence that has a\nphysical element to which absolute or strict liability applies if—\n(a) the physical element is brought about by someone else over\nwhom the person has no control or by a non-human act or event\nover which the person has no control; and\n(b) the person could not reasonably have been expected to guard\nagainst the bringing about of the physical element.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Duress","content":"40 Duress\ncarries out the conduct required for the offence under duress.\n(2) A person carries out conduct under duress only if the person\nreasonably believes that—\n(a) a threat has been made that will be carried out unless an offence\nis committed; and\n(b) there is no reasonable way to make the threat ineffective; and\n(c) the conduct is a reasonable response to the threat.\n(3) However, the person does not carry out conduct under duress if the\nthreat is made by or on behalf of a person with whom the person is\nvoluntarily associating to carry out conduct of the kind required for\nthe offence.\n\nExternal factors Division 2.3.5\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Sudden or extraordinary emergency","content":"41 Sudden or extraordinary emergency\ncarries out the conduct required for the offence in response to\ncircumstances of sudden or extraordinary emergency.\n(2) This section applies only if the person reasonably believes that—\n(a) circumstances of sudden or extraordinary emergency exist; and\n(b) committing the offence is the only reasonable way to deal with\nthe emergency; and\n(c) the conduct is a reasonable response to the emergency.\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Self-defence","content":"42 Self-defence\ncarries out the conduct required for the offence in self-defence.\n(2) A person carries out conduct in self-defence only if—\n(a) the person believes the conduct is necessary—\n(i) to defend himself or herself or someone else; or\n(ii) to prevent or end the unlawful imprisonment of himself or\nherself or someone else; or\n(iii) to protect property from unlawful appropriation,\ndestruction, damage or interference; or\n(iv) to prevent criminal trespass to land or premises; or\n(v) to remove from land or premises a person committing\ncriminal trespass; and\n(b) the conduct is a reasonable response in the circumstances as the\nperson perceives them.\n\n(3) However, the person does not carry out conduct in self-defence if—\n(a) the person uses force that involves the intentional infliction of\ndeath or serious harm—\n(i) to protect property; or\n(ii) to prevent criminal trespass; or\n(iii) to remove a person committing criminal trespass; or\n(b) the person is responding to lawful conduct that the person knows\nis lawful.\n(4) Conduct is not lawful for subsection (3) (b) only because the person\ncarrying it out is not criminally responsible for it.\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Lawful authority","content":"43 Lawful authority\nA person is not criminally responsible for an offence if the conduct\nrequired for the offence is justified or excused under a law.\n","sortOrder":41},{"sectionNumber":"43A","sectionType":"section","heading":"Lawful possession","content":"43A Lawful possession\n(1) A person is not criminally responsible for an offence of possessing a\nparticular material or thing if—\n(a) the person is—\n(i) employed by, or appointed as a member of, a law\nenforcement or justice agency; or\n(ii) required to provide technical, professional or expert\nservices to a law enforcement or justice agency; or\n(iii) a legal practitioner, or a person employed by or required to\nprovide technical, professional or expert services to a legal\npractitioner; and\n\nLawful purpose Division 2.3.6\n(b) the possession is—\n(i) for a law enforcement purpose; and\n(ii) reasonable in the circumstances for that purpose.\n(2) Possession of a particular material or thing is for a law enforcement\npurpose if the possession is necessary for, or of assistance in, any of\nthe following:\n(a) enforcing a law of the Commonwealth, a State or Territory;\n(b) monitoring compliance with, or investigating a contravention of,\na law of the Commonwealth, a State or Territory;\n(c) the administration of justice.\nExamples—law enforcement purpose\n1 police investigation\n2 giving legal advice or providing legal representation\n3 carrying out analyses or tests for forensic reasons\n4 judicial service\n(3) In determining a person’s criminal responsibility, the question of\nwhether a person’s possession of a particular material or thing is for\na law enforcement purpose is a question of fact.\n\nPart 2.4 Extensions of criminal\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Attempt","content":"44 Attempt\n(1) If a person attempts to commit an offence, the person commits the\noffence of attempting to commit that offence.\n(2) However, a person commits the offence of attempting to commit an\noffence only if the person carries out conduct that is more than merely\npreparatory to the commission of the offence attempted.\n(3) The question whether conduct is more than merely preparatory is a\nquestion of fact.\n(4) A person may be found guilty of attempting to commit an offence\neven though—\n(a) it was impossible to commit the offence attempted; or\n(b) the person committed the offence attempted.\n(5) For the offence of attempting to commit an offence, intention and\nknowledge are fault elements for each physical element of the offence\nattempted.\nNote Only 1 of the fault elements of intention or knowledge needs to be\nestablished for each physical element of the offence attempted (see s 12\n(Establishing guilt of offences)).\n(6) However, any special liability provisions that apply to an offence\napply also to the offence of attempting to commit the offence.\n(7) Any defence, procedure, limitation or qualifying provision applying\nto an offence applies to the offence of attempting to commit the\n(8) If a person is found guilty of attempting to commit an offence, the\nperson cannot later be charged with committing the offence.\n\n(9) The offence of attempting to commit an offence is punishable as if\nthe offence attempted had been committed.\n(10) This section does not apply to an offence against section 45 or\nsection 48 (Conspiracy).\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Complicity and common purpose","content":"45 Complicity and common purpose\n(1) A person is taken to have committed an offence if the person aids,\nabets, counsels, procures, or is knowingly concerned in or a party to,\nthe commission of the offence by someone else.\n(2) However, the person commits the offence because of this section only\nif—\n(a) either—\n(i) the person’s conduct in fact aids, abets, counsels, or\nprocures the commission of the offence by the other\nperson; or\n(ii) as a result of the person’s conduct, the person in fact is\nknowingly concerned in or a party to the commission of the\noffence by the other person; and\n(b) when carrying out the conduct, the person either—\n(i) intends the conduct to aid, abet, counsel, procure, or result\nin the person being knowingly concerned in or a party to,\nthe commission of any offence (including its fault\nelements) of the type committed by the other person; or\n(ii) intends the conduct to aid, abet, counsel, procure, or result\nin the person being knowingly concerned in or a party to,\nthe commission of an offence by the other person and is\nreckless about the commission of the offence (including its\nfault elements) in fact committed by the other person.\n(3) To remove any doubt, the person is taken to have committed the\noffence only if the other person commits the offence.\n\n(4) Despite subsection (2), any special liability provisions that apply to\nan offence apply also to the offence of aiding, abetting, counselling,\ncommission of the offence.\n(5) A person must not be found guilty of aiding, abetting, counselling,\ncommission of an offence if, before the offence was committed, the\nperson—\n(a) ended the person’s involvement; and\n(b) took all reasonable steps to prevent the commission of the\n(6) A person may be found guilty of aiding, abetting, counselling,\ncommission of an offence even if the person who committed the\noffence is not prosecuted or found guilty.\n(7) To remove any doubt, if a person is taken to have committed an\n(8) If the trier of fact is satisfied beyond reasonable doubt that a defendant\ncommitted an offence because of this section or otherwise than\nbecause of this section but cannot decide which, the trier of fact may\nnevertheless find the defendant guilty of the offence.\n","sortOrder":44},{"sectionNumber":"45A","sectionType":"section","heading":"Joint commission","content":"45A Joint commission\n(1) A person is taken to have committed an offence if—\n(a) the person and at least 1 other person enter into an agreement to\ncommit an offence; and\n\n(b) either—\n(i) an offence is committed in accordance with the agreement;\nor\n(ii) an offence is committed in the course of carrying out the\nagreement.\n(2) For subsection (1) (b) (i), an offence is committed in accordance with\nan agreement if—\n(a) the conduct of 1 or more parties in accordance with the\nagreement makes up the physical elements consisting of conduct\nof an offence (the joint offence) of the same type as the offence\nagreed to; and\n(b) to the extent that a physical element of the joint offence consists\nof a result of conduct—the result arises from the conduct\nengaged in; and\n(c) to the extent that a physical element of the joint offence consists\nof a circumstance—the conduct engaged in, or a result of the\nconduct engaged in, happens in the circumstance.\n(3) For subsection (1) (b) (ii), an offence is committed in the course of\ncarrying out an agreement if a person is reckless about the\ncommission of an offence (the joint offence) that another person in\nfact commits in the course of carrying out the agreement.\n(4) A person commits an offence because of this section only if the\nperson and at least 1 other party to the agreement intend that an\noffence will be committed under the agreement.\n(5) An agreement—\n(a) may consist of a non-verbal understanding; and\n(b) may be entered into before, or at the same time as, the conduct\nmaking up any of the physical elements of the joint offence was\nengaged in.\n\n(6) A person must not be found guilty of an offence because of this\nsection if, before the conduct making up any of the physical elements\nof the joint offence concerned was engaged in, the person—\n(a) ended the person’s involvement; and\n(b) took all reasonable steps to prevent the conduct from being\nengaged in.\n(7) A person may be found guilty of an offence because of this section\neven if—\n(a) another party to the agreement is not prosecuted or found guilty;\nor\n(b) the person was not present when any of the conduct making up\nthe physical elements of the joint offence was engaged in.\n(8) Any special liability provisions that apply to the joint offence apply\nalso for the purposes of deciding whether a person commits the\noffence because of the operation of this section.\n(9) To remove any doubt, if a person is taken to have committed an\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Commission by proxy","content":"46 Commission by proxy\n(1) A person is taken to have committed an offence if—\n(a) the person procures someone else to engage in conduct that\n(whether or not together with conduct engaged in by the person)\nmakes up the physical elements of the offence consisting of\nconduct; and\n(b) any physical element of the offence consisting of a circumstance\nexists; and\n(c) any physical element of the offence consisting of a result of the\nconduct happens; and\n\n(d) when the person procured the other person to engage in the\nconduct, the person had a fault element applying to each\nphysical element of the offence.\n(2) To remove any doubt, if a person is taken to have committed an\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Incitement","content":"47 Incitement\n(1) If a person urges the commission of an offence (the offence incited),\nthe person commits the offence of incitement.\nMaximum penalty:\n(a) if the offence incited is punishable by life imprisonment—\nimprisonment for 10 years, 1 000 penalty units or both; or\n(b) if the offence incited is punishable by imprisonment for 14 years\nor more (but not life imprisonment)—imprisonment for 7 years,\n700 penalty units or both; or\n(c) if the offence incited is punishable by imprisonment for 10 years\nor more (but less than 14 years)—imprisonment for 5 years,\n500 penalty units or both; or\n(d) if the offence incited is punishable by imprisonment for less than\n10 years, either or both of the following:\n(i) the lesser of the maximum term of imprisonment for the\noffence incited and imprisonment for 3 years;\n(ii) 300 penalty units; or\n(e) if the offence incited is not punishable by imprisonment—the\nnumber of penalty units equal to the maximum number of\npenalty units applying to the offence incited.\n\n(2) A person also commits the offence of incitement if the person urges\nanother person to aid, abet, counsel, procure, be knowingly concerned\nin or a party to, the commission of an offence (the offence incited) by\nsomeone else.\n(3) However, the person commits the offence of incitement only if the\nperson intends that the offence incited be committed.\n(4) Despite subsection (3), any special liability provisions that apply to\nan offence apply also to the offence of incitement to commit the\n(5) A person may be found guilty of the offence of incitement—\n(a) even if it was impossible to commit the offence incited; and\n(b) whether or not the offence incited was committed; and\n(c) even if the person incited was under the age of criminal\nresponsibility for the offence incited.\n(6) Any defence, procedure, limitation or qualifying provision applying\nto an offence applies to the offence of incitement in relation to the\n(7) This section does not apply to an offence against section 44\n(Attempt), section 48 (Conspiracy) or this section.\n(8) In this section:\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 section 25 for the offence.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Conspiracy","content":"48 Conspiracy\n(1) If a person conspires with someone else to commit an offence\n(the offence conspired) punishable by imprisonment for longer than\n1 year or by a fine of 200 penalty units or more (or both), the person\ncommits the offence of conspiracy.\n\n(2) However, the person commits the offence of conspiracy only if—\n(a) the person entered into an agreement with at least 1 other person;\nand\n(b) the person and at least 1 other party to the agreement intend that\nan offence be committed under the agreement; and\n(c) the person or at least 1 other party to the agreement commits an\novert act under the agreement.\n(3) Despite subsection (2), any special liability provisions that apply to\nan offence apply also to the offence of conspiracy to commit the\n(4) The offence of conspiring to commit an offence is punishable as if the\noffence conspired had been committed.\n(5) A person may be found guilty of the offence of conspiracy even\nthough—\n(a) it was impossible to commit the offence conspired; or\n(b) the person and each other party to the agreement is a\ncorporation; or\n(c) each other party to the agreement is—\n(i) a person who is not criminally responsible; or\n(ii) a person for whose benefit or protection the offence exists;\nor\n(d) all other parties to the agreement are acquitted of the conspiracy\n(unless to find the person guilty would be inconsistent with their\nacquittal).\n(6) A person must not be found guilty of the offence of conspiracy to\ncommit an offence if, before the commission of an overt act under the\nagreement, the person—\n(a) withdrew from the agreement; and\n\n(b) took all reasonable steps to prevent the commission of the\noffence conspired.\n(7) A person for whose benefit or protection an offence exists cannot be\nfound guilty of conspiracy to commit the offence.\n(8) Any defence, procedure, limitation or qualifying provision applying\nto an offence applies to the offence of conspiracy to commit the\n(9) A court may dismiss a charge of conspiracy if it considers that the\ninterests of justice require it to dismiss the charge.\n(10) A proceeding for an offence of conspiracy must not be begun without\nthe consent of the Attorney-General or the director of public\nprosecutions.\n(11) However, a person may be arrested for, charged with, or remanded in\ncustody or on bail in relation to, an offence of conspiracy before the\nconsent has been given.\n\nCorporate criminal responsibility Part 2.5\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"General principles","content":"49 General principles\n(1) This Act applies to corporations as well as individuals.\nNote A law that creates an offence applies to a corporation as well as to an\nindividual (see Legislation Act, s 161).\n(2) The Act applies to corporations in the same way as it applies to\nindividuals, but subject to the changes made by this part and any other\nchanges necessary because criminal responsibility is being imposed\non a corporation rather than an individual.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Physical elements","content":"50 Physical elements\nA physical element of an offence consisting of conduct is taken to be\ncommitted by a corporation if it is committed by an employee, agent\nor officer of the corporation acting within the actual or apparent scope\nof his or her employment or within his or her actual or apparent\nauthority.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Corporation—fault elements other than negligence","content":"51 Corporation—fault elements other than negligence\n(1) In deciding whether the fault element of intention, knowledge or\nrecklessness exists for an offence in relation to a corporation, the fault\nelement is taken to exist if the corporation expressly, tacitly or\nimpliedly authorises or permits the commission of the offence.\n(2) The ways in which authorisation or permission may be established\ninclude—\n(a) proving that the corporation’s board of directors intentionally,\nknowingly or recklessly engaged in the conduct or expressly,\ntacitly or impliedly authorised or permitted the commission of\nthe offence; or\n\n(b) proving that a high managerial agent of the corporation\nintentionally, knowingly or recklessly engaged in the conduct or\nexpressly, tacitly or impliedly authorised or permitted the\ncommission of the offence; or\n(c) proving that a corporate culture existed within the corporation\nthat directed, encouraged, tolerated or led to noncompliance\nwith the contravened law; or\n(d) proving that the corporation failed to create and maintain a\ncorporate culture requiring compliance with the contravened\nlaw.\n(3) Subsection (2) (b) does not apply if the corporation proves that it\nexercised appropriate diligence to prevent the conduct, or the\nauthorisation or permission.\n(4) Factors relevant to subsection (2) (c) and (d) include—\n(a) whether authority to commit an offence of the same or a similar\ncharacter had been given by a high managerial agent of the\ncorporation; and\n(b) whether the employee, agent or officer of the corporation who\ncommitted the offence reasonably believed, or had a reasonable\nexpectation, that a high managerial agent of the corporation\nwould have authorised or permitted the commission of the\n(5) If recklessness is not a fault element for a physical element of an\noffence, subsection (2) does not enable the fault element to be proved\nby proving that the board of directors, or a high managerial agent, of\nthe corporation recklessly engaged in the conduct or recklessly\nauthorised or permitted the commission of the offence.\nboard of directors, of a corporation, means the body exercising the\ncorporation’s executive authority, whether or not the body is called\nthe board of directors.\n\nCorporate criminal responsibility Part 2.5\ncorporate culture, for a corporation, means an attitude, policy, rule,\ncourse of conduct or practice existing within the corporation\ngenerally or in the part of the corporation where the relevant conduct\nhappens.\nhigh managerial agent, of a corporation, means an employee, agent\nor officer of the corporation whose conduct may fairly be assumed to\nrepresent the corporation’s policy because of the level of\nresponsibility of his or her duties.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Corporation—negligence","content":"52 Corporation—negligence\n(1) This section applies if negligence is a fault element in relation to a\nphysical element of an offence and no individual employee, agent or\nofficer of a corporation has the fault element.\n(2) The fault element of negligence may exist for the corporation in\nrelation to the physical element if the corporation’s conduct is\nnegligent when viewed as a whole (that is, by aggregating the conduct\nof a number of its employees, agents or officers).\nNote The test of negligence for a corporation is that set out in s 21\n(Negligence).\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Corporation—mistake of fact—strict liability","content":"53 Corporation—mistake of fact—strict liability\nA corporation may only rely on section 36 (Mistake of fact—strict\nliability) in relation to the conduct that would make up an offence by\nthe corporation if—\n(a) the employee, agent or officer of the corporation who carried out\nthe conduct was under a mistaken but reasonable belief about\nfacts that, had they existed, would have meant that the conduct\nwould not have been an offence; and\n(b) the corporation proves that it exercised appropriate diligence to\nprevent the conduct.\n\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Corporation—intervening conduct or event","content":"54 Corporation—intervening conduct or event\nA corporation may not rely on section 39 (Intervening conduct or\nevent) in relation to a physical element of an offence brought about\nby someone else if the other person is an employee, agent or officer\nof the corporation.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Evidence of negligence or failure to exercise appropriate","content":"55 Evidence of negligence or failure to exercise appropriate\ndiligence\nNegligence, or failure to exercise appropriate diligence, in relation to\nconduct of a corporation may be evidenced by the fact that the\nconduct was substantially attributable to—\n(a) inadequate corporate management, control or supervision of the\nconduct of 1 or more of the corporation’s employees, agents or\nofficers; or\n(b) failure to provide adequate systems for giving relevant\ninformation to relevant people in the corporation.\n\nProof of criminal responsibility Part 2.6\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Legal burden of proof—prosecution","content":"56 Legal burden of proof—prosecution\n(1) The prosecution has the legal burden of proving every element of an\noffence relevant to the guilt of the person charged.\nNote See s 11 (Elements) on what elements are relevant to a person’s guilt.\n(2) The prosecution also has the legal burden of disproving any matter in\nrelation to which the defendant has discharged an evidential burden\nof proof on the defendant.\n(3) In this Act:\nlegal burden, in relation to a matter, means the burden of proving the\nexistence of the matter.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Standard of proof—prosecution","content":"57 Standard of proof—prosecution\n(1) A legal burden of proof on the prosecution must be discharged\nbeyond reasonable doubt.\n(2) Subsection (1) does not apply if a law provides for a different standard\nof proof.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Evidential burden of proof—defence","content":"58 Evidential burden of proof—defence\n(1) Subject to section 59 (Legal burden of proof—defence), a burden of\nproof that a law imposes on a defendant is an evidential burden only.\n(2) A defendant who wishes to deny criminal responsibility by relying on\na provision of part 2.3 (Circumstances where there is no criminal\nresponsibility) has an evidential burden in relation to the matter.\n\n(3) Subject to section 59, a defendant who wishes to rely on any\nexception, exemption, excuse, qualification or justification provided\nby the law creating an offence (whether or not it accompanies the\ndescription of the offence) has an evidential burden in relation to the\nmatter.\n1 The XYZ Act 2002, section 10 (1) creates an offence of producing a false or\nmisleading document. Section 10 (2) provides—\n(2) This section does not apply if the document is not false or misleading in\na material particular.\nrely on the exception has an evidential burden that the document is not false\n2 The XYZ Act 2002, section 10 (1) creates an offence of a person making a\nstatement knowing that it omits something without which the statement is\nmisleading. Section 10 (2) provides—\n(2) This section does not apply if the omission does not make the statement\nmisleading in a material particular.\nrely on the exception has an evidential burden that the omission did not make\nthe statement misleading in a material particular.\n3 The XYZ Act 2002, section 10 (1) creates an offence of disclosing certain\ninformation about a restraining order. Section 10 (2) provides—\n(2) This section does not apply if the disclosure is made to a police officer.\nrely on the exception has an evidential burden that the disclosure was made to\na police officer.\n(4) To remove any doubt, for a strict liability offence that allows the\ndefence of reasonable excuse, a defendant has an evidential burden in\nrelation to the defence.\n(5) The defendant no longer has the evidential burden in relation to a\nmatter if evidence sufficient to discharge the burden is presented by\nthe prosecution.\n(6) The question whether an evidential burden has been discharged is a\nquestion of law.\n\nProof of criminal responsibility Part 2.6\n(7) In this Act:\nevidential burden, in relation to a matter, means the burden of\npresenting or pointing to evidence that suggests a reasonable\npossibility that the matter exists or does not exist.\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Legal burden of proof—defence","content":"59 Legal burden of proof—defence\nA burden of proof that a law imposes on the defendant is a legal\nburden only if the law expressly—\n(a) provides that the burden of proof in relation to the matter in\nquestion is a legal burden; or\n(b) requires the defendant to prove the matter; or\n(c) creates a presumption that the matter exists unless the contrary\nis proved.\nExample for par (b)\nThe XYZ Act 2002, section 10 (1) creates an offence of exhibiting a film classified\n‘R’ to a child. Section 10 (2) provides—\n(2) It is a defence to a prosecution for an offence against subsection (1) if\nthe defendant proves that the defendant believed on reasonable grounds\nthat the child was an adult.\nSection 10 (2) provides a defence to an offence against section 10 (1). A defendant\nwho wishes to rely on the defence has a legal burden of proving that the defendant\nbelieved on reasonable grounds that the child was an adult.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Standard of proof—defence","content":"60 Standard of proof—defence\nA legal burden of proof on the defendant must be discharged on the\nbalance of probabilities.\n\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Use of averments","content":"61 Use of averments\nA law that allows the prosecution to make an averment (however\nexpressed) does not allow the prosecution—\n(a) to aver any fault element of an offence; or\n(b) to make an averment in prosecuting for an offence that is directly\npunishable by imprisonment.\n\nGeographical application Part 2.7\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Application and effect—pt 2.7","content":"62 Application and effect—pt 2.7\n(1) This part applies to all offences.\n(2) This part extends the application of a territory law that creates an\noffence beyond the territorial limits of the ACT (and Australia) if the\nrequired geographical nexus exists for the offence.\n(3) If a law that creates an offence provides for any geographical\nconsideration for the offence, that provision prevails over any\ninconsistent provision of this part.\nExamples for s (3)\n1 A law creating an offence may provide that the place of commission of the\noffence is (explicitly or by necessary implication) an element of the offence.\n2 A law creating an offence may provide for its application outside the ACT and\nexclude (explicitly or by necessary implication) the requirement for a\ngeographical nexus between the ACT and an element of the offence.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Interpretation—pt 2.7","content":"63 Interpretation—pt 2.7\n(1) For this part, the required geographical nexus is the geographical\nnexus mentioned in section 64 (2).\n(2) For this part, the place where an offence is committed is the place\nwhere any of the physical elements of the offence happen.\n(3) For this part, the place where an offence has an effect includes—\n(a) any place whose peace, welfare or good government is\nthreatened by the offence; and\n(b) any place where the offence would have an effect (or would\ncause such a threat) if the offence were committed.\n\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Extension of offences if required geographical nexus","content":"64 Extension of offences if required geographical nexus\nexists\n(1) An offence against a law is committed if—\n(a) disregarding any geographical considerations, all elements of\nthe offence exist; and\n(b) a geographical nexus exists between the ACT and the offence.\n(2) A geographical nexus exists between the ACT and an offence if—\n(a) the offence is committed completely or partly in the ACT,\nwhether or not the offence has any effect in the ACT; or\n(b) the offence is committed completely outside the ACT (whether\nor not outside Australia) but has an effect in the ACT.\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Geographical application—double criminality","content":"65 Geographical application—double criminality\n(1) This part applies to an offence committed partly in the ACT and partly\nin a place outside the ACT (whether or not outside Australia), even if\nit is not also an offence in that place.\n(2) This part applies to an offence committed completely outside the\nACT (whether or not outside Australia) only if—\n(a) it is also an offence in the place where it is committed; or\n(b) it is not also an offence in that place, but the trier of fact is\nsatisfied that the offence is such a threat to the peace, welfare or\ngood government of the ACT that it justifies criminal\npunishment in the ACT.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Geographical application—procedure","content":"66 Geographical application—procedure\n(1) The required geographical nexus is conclusively presumed for an\noffence unless rebutted under subsection (2) or (4).\n\nGeographical application Part 2.7\n(2) If a person charged with an offence disputes the existence of the\nrequired geographical nexus for the offence, the following provisions\napply:\n(a) the court must proceed with the trial of the offence in the usual\nway;\n(b) if, at the end of the trial, the trier of fact is satisfied on the\nbalance of probabilities that the required geographical nexus\ndoes not exist, it must make or return a finding to that effect, and\nthe court must dismiss the charge;\n(c) however, if, disregarding any geographical considerations, the\ntrier of fact would find the person not guilty of the offence (other\nthan because of mental impairment), it must make or return a\nverdict of not guilty;\n(d) also, if, disregarding any geographical considerations, the trier\nof fact would find the person not guilty of the offence only\nbecause of mental impairment, it must make or return a verdict\nthat the person is not guilty of the offence because of mental\nimpairment.\n(3) This section applies to any alternative verdict available by law to the\ntrier of fact in relation to another offence with which the person was\nnot charged.\n(4) The trier of fact may make or return a finding of guilty in relation to\nthe other offence (mentioned in subsection (3)) unless satisfied on the\nbalance of probabilities that the required geographical nexus does not\nexist for the other offence.\n(5) If the issue of whether the required geographical nexus exists for an\noffence is raised before the trial (including at a special hearing under\nthe Crimes Act 1900, section 316), the issue must be reserved for\nconsideration at the trial.\n\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Geographical application—suspicion etc that offence","content":"67 Geographical application—suspicion etc that offence\ncommitted\n(1) This section applies if a person may exercise a function under a law\non reasonable suspicion or belief that an offence has been committed.\n(2) The person may exercise the function if the person suspects or\nbelieves, as the case requires, on reasonable grounds that all the\nelements required for the offence exist.\n(3) Subsection (2) applies whether or not the person suspects or believes,\nor has any ground to suspect or believe, that the required geographical\nnexus exists for the offence.\n\nInterpretation for ch 3 Part 3.1\n","sortOrder":67},{"sectionNumber":"Part 3","sectionType":"part","heading":"Theft, fraud, bribery and","content":"Chapter 3 Theft, fraud, bribery and\nrelated offences\n","sortOrder":68},{"sectionNumber":"300","sectionType":"section","heading":"Definitions—ch 3","content":"300 Definitions—ch 3\nbelongs, in relation to property—see section 301.\ncause a loss means cause a loss to someone else.\ndishonest means—\n(a) dishonest according to the standards of ordinary people; and\n(b) known by the defendant to be dishonest according to the\nstandards of ordinary people.\nNote 1 The following provisions affect the meaning of dishonest:\n• s 303 (Dishonesty for pt 3.2)\n• s 327 (Dishonesty for div 3.3.2)\n• s 354 (Dishonesty for pt 3.7).\nNote 2 In a prosecution, dishonesty is a matter for the trier of fact (see s 302).\nduty, of a person who is a public official, means a function that—\n(a) is given to the person as a public official; or\n(b) the person holds himself or herself out as having as a public\nofficial.\ngain means—\n(a) a gain in property, whether temporary or permanent; or\n(b) a gain by way of the supply of services;\nand includes keeping what one has.\n\nloss means a loss in property, whether temporary or permanent, and\nincludes not getting what one might get.\nobtain includes—\n(a) obtain for someone else; and\n(b) induce a third person to do something that results in someone\nelse obtaining.\nNote The following provisions affect the meaning of obtain:\n• s 314 (9) (Receiving—meaning of stolen property)\n• s 328 (Meaning of obtains for div 3.3.2)\n• s 335 (6) (Obtaining financial advantage from the Territory)\n• s 355 (Meaning of obtain for pt 3.7)\n• s 363D (Meaning of obtain—pt 3.8A).\npublic duty means a duty of a public official.\npublic official means a person having public official functions, or\nacting in a public official capacity, and includes the following:\n(a) a territory public official;\n(b) a member of the legislature of the Commonwealth, a State or\n(c) a member of the executive of the Commonwealth, a State or\n(d) a member of the judiciary, the magistracy or a tribunal of the\n(e) a registrar or other officer of a court or tribunal of the\n(f) an individual who occupies an office under a law of the\ngovernment;\n\nInterpretation for ch 3 Part 3.1\n(g) an officer or employee of the Commonwealth, a State, another\nTerritory or a local government;\n(h) an officer or employee of an authority or instrumentality of the\ngovernment;\n(i) an individual who is otherwise in the service of the\nCommonwealth, a State, another Territory or a local government\n(including service as a member of a military or police force or\nservice);\n(j) a contractor who exercises a function or performs work for the\ngovernment.\nservices includes any rights (including rights in relation to, and\ninterests in, property), benefits, privileges or facilities, but does not\ninclude rights or benefits that are the supply of goods.\nsupply includes—\n(a) in relation to goods—supply (or re-supply) by way of sale,\nexchange, lease, hire or hire-purchase; and\n(b) in relation to services—provide, grant and confer.\nterritory public official means a person having public official\nfunctions for the Territory, or acting in a public official capacity for\nthe Territory, and includes the following:\n(a) a member of the Legislative Assembly;\n(b) a person employed under the Legislative Assembly (Members’\nStaff) Act 1989;\n(c) a Minister;\n(d) a judge, magistrate or tribunal member;\n(e) the registrar or other officer of a court or tribunal;\n\n(f) a public servant;\n(g) an officer or employee of a territory authority or instrumentality;\n(h) a statutory office-holder or an officer or employee of a statutory\noffice-holder;\n(i) a police officer;\n(j) a contractor who exercises a function or performs work for the\nTerritory, a territory authority or instrumentality or a statutory\noffice-holder;\n(k) an authorised person, or a territory service authorised person,\nunder the Utilities Act 2000.\n","sortOrder":69},{"sectionNumber":"301","sectionType":"section","heading":"Person to whom property belongs for ch 3","content":"301 Person to whom property belongs for ch 3\n(1) Property belongs to anyone having possession or control of it, or\nhaving any proprietary right or interest in it (other than an equitable\ninterest arising only from an agreement to transfer or grant an interest,\nor from a constructive trust).\n(2) This section is subject to section 330 (Money transfers).\nNote Section 305 (Person to whom property belongs for pt 3.2) affects the\nmeaning of belongs.\n","sortOrder":70},{"sectionNumber":"302","sectionType":"section","heading":"Dishonesty a matter for trier of fact","content":"302 Dishonesty a matter for trier of fact\nIn a prosecution for an offence against this chapter, dishonesty is a\nmatter for the trier of fact.\n\nInterpretation for pt 3.2 Division 3.2.1\n","sortOrder":71},{"sectionNumber":"303","sectionType":"section","heading":"Dishonesty for pt 3.2","content":"303 Dishonesty for pt 3.2\n(1) A person’s appropriation of property belonging to someone else is not\ndishonest if the person appropriates the property in the belief that the\nperson to whom the property belongs cannot be discovered by taking\nreasonable steps.\n(2) However, subsection (1) does not apply if the person appropriating\nthe property held it as trustee or personal representative.\nNote A defendant has an evidential burden in relation to the matters mentioned\nin s (1) and s (2) (see s 58 (3)).\n(3) A person’s appropriation of property belonging to someone else can\nbe dishonest even if the person or another person is willing to pay for\nit.\n","sortOrder":72},{"sectionNumber":"304","sectionType":"section","heading":"Appropriation of property for pt 3.2","content":"304 Appropriation of property for pt 3.2\n(1) Any assumption of the rights of an owner to ownership, possession\nor control of property, without the consent of a person to whom the\nproperty belongs, is an appropriation of the property.\n(2) If a person has come by property (innocently or not) without\ncommitting theft, subsection (1) applies to any later assumption of\nthose rights without consent by keeping or dealing with it as owner.\n(3) If property is, or purports to be, transferred or given to a person acting\nin good faith, a later assumption by the person of rights the person\nbelieved the person was acquiring is not an appropriation of property\nbecause of any defect in the transferor’s title.\n\n","sortOrder":73},{"sectionNumber":"305","sectionType":"section","heading":"Person to whom property belongs for pt 3.2","content":"305 Person to whom property belongs for pt 3.2\n(1) If property belongs to 2 or more people, a reference to the person to\nwhom the property belongs is taken to be a reference to each of them.\n(2) If property is subject to a trust—\n(a) the person to whom the property belongs includes anyone who\nhas a right to enforce the trust; and\n(b) an intention to defeat the trust is an intention to deprive any such\nperson of the property.\n(3) Property of a corporation sole belongs to the corporation despite a\nvacancy in the corporation.\n(4) If a person (A) receives property from or on account of someone else\n(B) and is under a legal obligation to B to retain and deal with the\nproperty or its proceeds in a particular way, the property or proceeds\nbelong to B, as against A.\n(5) If a person (A) gets property by someone else’s fundamental mistake\nand is under a legal obligation to make restoration (in whole or part)\nof the property, its proceeds or its value—\n(a) the property or its proceeds belong (to the extent of the\nobligation and as against A) to the person entitled to restoration\n(B); and\n(b) an intention not to make restoration is—\n(i) an intention to permanently deprive B of the property or\nproceeds; and\n(ii) an appropriation of the property or proceeds without B’s\nconsent.\n\nInterpretation for pt 3.2 Division 3.2.1\nfundamental mistake, in relation to property, means—\n(a) a mistake about the identity of the person getting the property;\nor\n(b) a mistake about the essential nature of the property; or\n(c) a mistake about the amount of any money, if the person getting\nthe money is aware of the mistake when getting the money.\nmoney includes anything that is equivalent to money.\nExamples of things equivalent to money\n1 a cheque or other negotiable instrument\n2 an electronic funds transfer\n","sortOrder":74},{"sectionNumber":"306","sectionType":"section","heading":"Intention of permanently depriving for pt 3.2","content":"306 Intention of permanently depriving for pt 3.2\n(1) A person (A) has the intention of permanently depriving someone else\n(B) of property belonging to B if—\n(a) A appropriates property belonging to B without meaning B to\npermanently lose the property; and\n(b) A intends to treat the property as A’s own to dispose of\n(2) For subsection (1), if A borrows or lends property belonging to B, the\nborrowing or lending may amount to treating the property as A’s own\nto dispose of regardless of B’s rights if, but only if, the borrowing or\nlending is for a period, and in circumstances, making it equivalent to\nan outright taking or disposal.\n(3) Without limiting this section, if—\n(a) A has possession or control (lawfully or not) of property\nbelonging to B; and\n(b) A parts with the property under a condition about its return that\nA may not be able to carry out; and\n\n(c) the parting is done for A’s own purposes and without B’s\nauthority;\nthe parting amounts to treating the property as A’s own to dispose of\n(4) This section does not limit the circumstances in which a person can\nbe taken to have the intention of permanently depriving someone else\nof property.\n","sortOrder":75},{"sectionNumber":"307","sectionType":"section","heading":"General deficiency","content":"307 General deficiency\nA person may be found guilty of theft of all or any part of a general\ndeficiency in money or other property even though the deficiency is\nmade up of a number of particular amounts of money or items of other\nproperty that were appropriated over a period.\n","sortOrder":76},{"sectionNumber":"308","sectionType":"section","heading":"Theft","content":"308 Theft\nA person commits an offence (theft) if the person dishonestly\nappropriates property belonging to someone else with the intention of\npermanently depriving the other person of the property.\nNote For alternative verdict provisions applying to this offence, see s 370,\ns 371 and s 372.\n","sortOrder":77},{"sectionNumber":"309","sectionType":"section","heading":"Robbery","content":"309 Robbery\nA person commits an offence (robbery) if—\n(a) the person commits theft; and\n(b) when committing the theft, or immediately before or\nimmediately after committing the theft, the person—\n(i) uses force on someone else; or\n\n(ii) threatens to use force then and there on someone else;\nwith intent to commit theft or to escape from the scene.\nNote Theft means an offence against s 308 or s 321.\n","sortOrder":78},{"sectionNumber":"310","sectionType":"section","heading":"Aggravated robbery","content":"310 Aggravated robbery\nA person commits an offence (aggravated robbery) if the person—\n(a) commits robbery in company with 1 or more people; or\n(b) commits robbery and, at the time of the robbery, has an offensive\nweapon with him or her.\nNote Robbery means an offence against s 309.\n","sortOrder":79},{"sectionNumber":"311","sectionType":"section","heading":"Burglary","content":"311 Burglary\n(1) A person commits an offence (burglary) if the person enters or\nremains in a building as a trespasser with intent—\n(a) to commit theft of any property in the building; or\n(b) to commit an offence that involves causing harm, or threatening\nto cause harm, to anyone in the building; or\n(c) to commit an offence in the building that—\n(i) involves causing damage to property; and\n(ii) is punishable by imprisonment for 5 years or longer.\n(2) In subsection (1) (b) and (c), offence includes an offence against a\nCommonwealth law.\n\n(3) Absolute liability applies to subsection (1) (c) (ii).\n(4) For this section, a person is not a trespasser only because the person\nis permitted to enter or remain in the building—\n(a) for a purpose that is not the person’s intended purpose; or\n(b) because of fraud, misrepresentation or someone else’s mistake.\nbuilding includes the following:\n(a) a part of any building;\n(b) a mobile home or caravan;\n(c) a structure (whether or not moveable), vehicle, or vessel, that is\nused, designed or adapted for residential purposes.\n","sortOrder":80},{"sectionNumber":"312","sectionType":"section","heading":"Aggravated burglary","content":"312 Aggravated burglary\nA person commits an offence (aggravated burglary) if the person—\n(a) commits burglary in company with 1 or more people; or\n(b) commits burglary and, at the time of the burglary, has an\noffensive weapon with him or her.\nMaximum penalty: 2 000 penalty units, imprisonment for 20 years\n","sortOrder":81},{"sectionNumber":"313","sectionType":"section","heading":"Receiving","content":"313 Receiving\n(1) A person commits an offence (receiving) if the person dishonestly\nreceives stolen property, knowing or believing the property to be\nstolen.\nNote For an alternative verdict provision applying to receiving, see s 371.\n\n(2) A person cannot be found guilty of both theft (or a related offence)\nand receiving in relation to the same property if the person retains\ncustody or possession of the property.\n(3) For this section—\n(a) it is to be assumed that section 308 to section 312 and\nsection 326 had been in force at all times before the\ncommencement of this section; and\n(b) property that was appropriated or obtained before the\ncommencement of this section, does not become stolen property\nunless the property was appropriated or obtained in\ncircumstances that (apart from paragraph (a)) amounted to an\noffence against a territory law in force at that time.\n(e) obtaining property by deception.\n","sortOrder":82},{"sectionNumber":"314","sectionType":"section","heading":"Receiving—meaning of stolen property","content":"314 Receiving—meaning of stolen property\nFor section 313, property is stolen property if it is property obtained\nin a way that is an appropriation of property under section 304.\n\n","sortOrder":83},{"sectionNumber":"315","sectionType":"section","heading":"Going equipped for theft etc","content":"315 Going equipped for theft etc\n(1) A person commits an offence if the person, in any place other than\nthe person’s home, has with the person an article with intent to use it\nin the course of or in relation to theft or a related offence.\n(e) an offence against section 318 (Taking etc motor vehicle\nwithout consent);\n(f) obtaining property by deception.\n","sortOrder":84},{"sectionNumber":"316","sectionType":"section","heading":"Going equipped with offensive weapon for theft etc","content":"316 Going equipped with offensive weapon for theft etc\n(1) A person commits an offence if the person, in any place other than\nthe person’s home, has with the person an offensive weapon with\nintent to use it in the course of or in relation to theft or a related\n\n(d) aggravated burglary.\n","sortOrder":85},{"sectionNumber":"318","sectionType":"section","heading":"Taking etc motor vehicle without consent","content":"318 Taking etc motor vehicle without consent\n(a) dishonestly takes a motor vehicle belonging to someone else;\nand\n(b) does not have consent to take the vehicle from a person to whom\nit belongs.\nNote 1 Pt 2.3 (Circumstances where there is no criminal responsibility) provides\nfor defences that apply to offences under the Code. These include the\ndefence of lawful authority (see s 43).\nNote 2 For the meaning of dishonest, see s 300.\n(a) the person dishonestly drives or rides in or on a motor vehicle\nbelonging to someone else; and\n(b) the vehicle was dishonestly taken by someone without the\nconsent of a person to whom it belongs.\nNote For alternative verdict provisions applying to an offence against this\nsection, see s 370.\n\n","sortOrder":86},{"sectionNumber":"319","sectionType":"section","heading":"Dishonestly taking territory property","content":"319 Dishonestly taking territory property\n(1) A person (A) commits an offence if—\n(a) on a particular occasion, A dishonestly takes 1 or more items of\nproperty belonging to someone else; and\n(b) the other person is the Territory; and\n(c) A does not have consent to take the item or any of the items from\na person who has the authority to consent; and\n(d) either—\n(i) the property has a replacement value or total replacement\nvalue of more than $500 when it is taken; or\n(ii) the absence of the item or any of the items from the\ncustody, possession or control of the person who would\notherwise have had custody, possession or control would\nbe likely to cause substantial disruption to activities carried\non by or for the Territory.\n(2) Absolute liability applies to subsection (1) (b) and (d).\nTerritory includes the following:\n(a) a territory authority;\n(b) a territory-owned corporation;\n(c) a territory instrumentality that is not a territory authority or a\nterritory-owned corporation.\n\n","sortOrder":87},{"sectionNumber":"320","sectionType":"section","heading":"Dishonestly retaining territory property","content":"320 Dishonestly retaining territory property\n(1) A person (A) commits an offence if—\n(a) on a particular occasion, A takes 1 or more items of property\nbelonging to someone else; and\n(b) the other person is the Territory; and\n(c) A dishonestly retains any or all of the items; and\n(d) A does not have consent to retain the item or any of the items\ndishonestly retained from a person who has the authority to\nconsent; and\n(e) either—\n(i) the property dishonestly retained had a replacement value\nor total replacement value of more than $500 when it was\ntaken; or\n(ii) the absence of the item, or any of the items, dishonestly\nretained from the custody, possession or control of the\nperson who would otherwise have had custody, possession\nor control is likely to cause substantial disruption to\nactivities carried on by or for the Territory.\n(2) Absolute liability applies to subsection (1) (b) and (d).\n\n","sortOrder":88},{"sectionNumber":"321","sectionType":"section","heading":"Minor theft","content":"321 Minor theft\n(1) A person commits an offence (also theft) if—\n(a) the person dishonestly appropriates property belonging to\nsomeone else with the intention of permanently depriving the\nother person of the property; and\n(b) the property has a replacement value of $2 000 or less when it is\nappropriated.\n(3) This section does not prevent a person being charged with an offence\nagainst section 308 (Theft) if the replacement value of the property\nappropriated is $2 000 or less.\n","sortOrder":89},{"sectionNumber":"322","sectionType":"section","heading":"Removal of articles on public exhibition","content":"322 Removal of articles on public exhibition\n(a) the person dishonestly removes an article from premises; and\n(b) the premises are at any time open to the public; and\n(c) the article is publicly exhibited, or kept for public exhibition, at\nthe premises; and\n(d) the person does not have the consent to remove the article from\na person entitled to give the consent.\n(2) Absolute liability applies to subsection (1) (b) and (c).\n(3) This section does not apply in relation to an article that is publicly\nexhibited, or kept for public exhibition, for the purpose of selling, or\nany other commercial dealing with, the article or articles of that kind.\n\npremises includes any building or part of a building.\n","sortOrder":90},{"sectionNumber":"322A","sectionType":"section","heading":"Making off without payment","content":"322A Making off without payment\n(a) the person knows he or she is required or expected to make\nimmediate payment for goods or services supplied by someone\nelse; and\n(b) the person dishonestly makes off—\n(i) without having paid the amount owing; and\n(ii) with intent to avoid payment of the amount owing.\n(2) This section does not apply in relation to a supply of goods or services\nthat is contrary to law.\nimmediate payment includes payment when collecting goods in\nrelation to which a service has been supplied.\n","sortOrder":91},{"sectionNumber":"323","sectionType":"section","heading":"Making off without payment—minor offence","content":"323 Making off without payment—minor offence\n(a) the person knows he or she is required or expected to make\nimmediate payment for goods or services supplied by someone\nelse; and\n(b) the person dishonestly makes off—\n(i) without having paid the amount owing; and\n(ii) with intent to avoid payment of the amount owing; and\n\n(c) the amount owing is $2 000 or less.\n(3) This section does not apply in relation to a supply of goods or services\nthat is contrary to law.\n(4) This section does not prevent a person being charged with an offence\nagainst section 322A (Making off without payment) if the amount\nowing is $2 000 or less.\nimmediate payment includes payment when collecting goods in\nrelation to which a service has been supplied.\n","sortOrder":92},{"sectionNumber":"324","sectionType":"section","heading":"Unlawful possession of stolen property","content":"324 Unlawful possession of stolen property\n(i) has property in the person’s possession; or\n(ii) has property in someone else’s possession; or\n(iii) has property in or on any premises (whether or not the\npremises belong to or are occupied by the person or the\nproperty is there for the person’s own use); or\n(iv) gives possession of property to someone who is not\nlawfully entitled to possession of it; and\n(b) the property is reasonably suspected of being stolen property or\notherwise unlawfully obtained property.\n\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 property concerned was stolen property or\notherwise unlawfully obtained property.\npremises includes any aircraft, building, structure, vehicle or vessel,\nor any place (whether built on or not), and any part of an aircraft,\nbuilding, structure, vehicle, vessel or place.\nstolen property means property obtained in a way that is an\nappropriation of property under section 304.\n\n","sortOrder":93},{"sectionNumber":"325","sectionType":"section","heading":"Definitions—pt 3.3","content":"325 Definitions—pt 3.3\naccount means an account (including a loan account, credit card\naccount or similar account) with a bank or other financial institution.\ndeception means an intentional or reckless deception, whether by\nwords or other conduct, and whether as to fact or law, and includes—\n(a) a deception about the intention of the person using the deception\nor anyone else; and\n(b) conduct by a person that causes a computer, a machine or an\nelectronic device to make a response that the person is not\nauthorised to cause it to do.\n","sortOrder":94},{"sectionNumber":"326","sectionType":"section","heading":"Obtaining property by deception","content":"326 Obtaining property by deception\nA person commits an offence (obtaining property by deception) if the\nperson, by deception, dishonestly obtains property belonging to\nsomeone else with the intention of permanently depriving the other\nperson of the property.\nNote For alternative verdict provisions applying to obtaining property by\ndeception, see s 371 and s 372.\n","sortOrder":95},{"sectionNumber":"327","sectionType":"section","heading":"Dishonesty for div 3.3.2","content":"327 Dishonesty for div 3.3.2\nA person’s obtaining of property belonging to someone else can be\ndishonest even if the person or another person is willing to pay for it.\n\nObtaining property by deception Division 3.3.2\n","sortOrder":96},{"sectionNumber":"328","sectionType":"section","heading":"Meaning of obtains for div 3.3.2","content":"328 Meaning of obtains for div 3.3.2\n(1) For this division, and for the application of section 313 (Receiving)\nto this division, a person obtains property if—\n(a) the person obtains ownership, possession or control of it for the\nperson or someone else; or\n(b) the person enables ownership, possession or control of it to be\nretained by the person or someone else; or\n(c) the person induces a third person to pass ownership, possession\nor control of it to someone else; or\n(d) the person induces a third person to enable someone else to\nretain ownership, possession or control of it; or\n(e) section 330 (2) or (3) (Money transfers) applies.\n(2) The definition of obtain in section 300 does not apply to this division,\nor for the application of section 313 (Receiving) to this division.\n","sortOrder":97},{"sectionNumber":"329","sectionType":"section","heading":"Intention of permanently depriving—div 3.3.2","content":"329 Intention of permanently depriving—div 3.3.2\n(1) A person (A) has the intention of permanently depriving someone else\n(B) of property belonging to B if—\n(a) A obtains property belonging to B without meaning B to\npermanently lose the property; and\n(b) A intends to treat the property as A’s own to dispose of\n(2) For subsection (1), if A borrows or lends property belonging to B, the\nborrowing or lending may amount to treating the property as A’s own\nto dispose of regardless of B’s rights if, but only if, the borrowing or\nlending is for a period, and in circumstances, making it equivalent to\nan outright taking or disposal.\n\n(3) Without limiting this section, if—\n(a) A has possession or control (lawfully or not) of property\nbelonging to B; and\n(b) A parts with the property under a condition about its return that\nA may not be able to carry out; and\n(c) the parting is done for A’s own purposes and without B’s\nauthority;\nthe parting amounts to treating the property as A’s own to dispose of\n(4) This section does not limit the circumstances in which a person can\nbe taken to have the intention of permanently depriving someone else\nof property.\n","sortOrder":98},{"sectionNumber":"330","sectionType":"section","heading":"Money transfers","content":"330 Money transfers\n(1) This section applies for this division and for the application of\nsection 313 (Receiving) to this division.\n(2) If a person (A) causes an amount to be transferred from an account\nheld by someone else (B) to an account held by A—\n(a) the amount is taken to have been property that belonged to B;\nand\n(b) A is taken to have obtained the property for A with the intention\nof permanently depriving B of the property.\n(3) If a person (A) causes an amount to be transferred from an account\nheld by someone else (B) to an account held by a third person (C)—\n(a) the amount is taken to have been property that belonged to B;\nand\n(b) A is taken to have obtained the property for C with the intention\nof permanently depriving B of the property.\n\nOther indictable offences for pt 3.3 Division 3.3.3\n(4) An amount is transferred from an account (account 1) to another\naccount (account 2) if—\n(a) a credit is made to account 2; and\n(b) a debit is made to account 1; and\n(c) the credit results from the debit or the debit results from the\ncredit.\n(5) A person causes an amount to be transferred from an account if the\nperson induces someone else to transfer the amount from the account\n(whether or not the other person is the account holder).\n","sortOrder":99},{"sectionNumber":"331","sectionType":"section","heading":"General deficiency for div 3.3.2","content":"331 General deficiency for div 3.3.2\nA person may be found guilty of an offence of obtaining property by\ndeception involving all or any part of a general deficiency in money\nor other property even though the deficiency is made up of a number\nof particular amounts of money or items of other property that were\nobtained over a period.\n","sortOrder":100},{"sectionNumber":"332","sectionType":"section","heading":"Obtaining financial advantage by deception","content":"332 Obtaining financial advantage by deception\nA person commits an offence if the person, by deception, dishonestly\nobtains a financial advantage from someone else.\n","sortOrder":101},{"sectionNumber":"333","sectionType":"section","heading":"General dishonesty","content":"333 General dishonesty\nobtaining a gain from someone else; and\n\ncausing a loss to someone else; and\n(4) Absolute liability applies to subsection (3) (b).\n(5) A person commits an offence if—\n(i) dishonestly causes a loss, or a risk of loss, to someone else;\nand\n(ii) knows or believes that the loss will happen or that there is\na substantial risk of the loss happening; and\n(6) Absolute liability applies to subsection (5) (b).\n(7) A person commits an offence if—\ninfluencing a public official in the exercise of the official’s duty\nas a public official; and\n(b) the public official is a territory public official; and\n\nOther indictable offences for pt 3.3 Division 3.3.3\n(c) the duty is a duty as a territory public official.\n(8) Absolute liability applies to subsection (7) (b) and (c).\n(9) In this section:\n","sortOrder":102},{"sectionNumber":"334","sectionType":"section","heading":"Conspiracy to defraud","content":"334 Conspiracy to defraud\n(1) A person commits an offence if the person conspires with someone\nelse with the intention of dishonestly obtaining a gain from a third\nperson.\n(2) A person commits an offence if the person conspires with someone\nelse with the intention of dishonestly causing a loss to a third person.\n(3) A person commits an offence if the person—\n(a) conspires with someone else to dishonestly cause a loss, or a risk\nof loss, to a third person; and\n(b) knows or believes that the loss will happen, or that there is a\nsubstantial risk of the loss happening.\n\n(4) A person commits an offence if the person conspires with someone\nelse with the intention of dishonestly influencing a public official in\nthe exercise of the official’s duty as a public official.\n(5) A person commits an offence against this section (conspiracy to\ndefraud) only if—\n(a) the person enters into an agreement with at least 1 other person;\nand\n(b) the person and at least 1 other party to the agreement intend to\ndo the thing under the agreement; and\n(c) the person or at least 1 other party to the agreement commits an\novert act under the agreement.\n(6) A person may be found guilty of conspiracy to defraud even if—\n(a) it was impossible to obtain the gain, cause the loss or risk of loss,\nor influence the public official; or\n(b) the person and each other party to the agreement is a\ncorporation; or\n(c) each other party to the agreement is—\n(i) a person who is not criminally responsible; or\n(ii) for an agreement to commit an offence—a person for\nwhose benefit or protection the offence exists; or\n(d) all other parties to the agreement are acquitted of the offence\n(unless to find the person guilty would be inconsistent with their\nacquittal).\n\nSummary offences for pt 3.3 Division 3.3.4\n(7) A person must not be found guilty of conspiracy to defraud if, before\nthe commission of an overt act under the agreement, the person—\n(a) withdrew from the agreement; and\n(b) took all reasonable steps to prevent the doing of the thing.\n(8) A person must not be found guilty of an offence of conspiracy to\ndefraud in relation to an agreement to commit an offence (an agreed\noffence) if the person is someone for whose benefit or protection the\nagreed offence exists.\n(9) Any defence, procedure, limitation or qualifying provision applying\nto an agreed offence applies also to an offence of conspiracy to\ndefraud in relation to the agreed offence.\n(10) A court may dismiss a charge of conspiracy to defraud if it considers\nthat the interests of justice require it to dismiss the charge.\n(11) A proceeding for an offence of conspiracy to defraud must not be\nbegun without the consent of the Attorney-General or the director of\npublic prosecutions.\n(12) However, a person may be arrested for, charged with or remanded in\ncustody or released on bail in relation to an offence of conspiracy to\ndefraud before the consent is given.\n","sortOrder":103},{"sectionNumber":"335","sectionType":"section","heading":"Obtaining financial advantage from the Territory","content":"335 Obtaining financial advantage from the Territory\n(a) the person engages in conduct that results in the person\nobtaining a financial advantage from someone else; and\n(b) the person knows or believes that the person is not eligible to\nreceive the financial advantage; and\n\n(c) the other person is the Territory.\n(a) the person engages in conduct that results in the person\nobtaining a financial advantage for someone else (B) from a\nthird person; and\n(b) the person knows or believes that B is not eligible to receive the\nfinancial advantage; and\n(c) the third person is the Territory.\n(4) Absolute liability applies to subsection (3) (c).\n(5) For subsection (3), a person (A) is taken to have obtained a financial\nadvantage for someone else from the Territory if A induces the\nTerritory to do something that results in the other person obtaining\nthe financial advantage.\n(6) The definition of obtain in section 300 does not apply to this section.\n","sortOrder":104},{"sectionNumber":"336","sectionType":"section","heading":"Passing valueless cheques","content":"336 Passing valueless cheques\n(a) the person obtains property, a financial advantage or other\nbenefit from someone else by passing a cheque; and\n\nSummary offences for pt 3.3 Division 3.3.4\n(i) does not have reasonable grounds for believing that the\ncheque will be paid in full on presentation; or\n(ii) intends to dishonestly obtain the property, financial\nadvantage or benefit from someone else.\n(2) A person may be found guilty of an offence against this section even\nthough, when the cheque was passed, there were some funds to the\ncredit of the account on which the cheque was drawn.\n\nPart 3.4 False or misleading statements,\ninformation and documents\n","sortOrder":105},{"sectionNumber":"336A","sectionType":"section","heading":"Making false statements on oath or in statutory","content":"336A Making false statements on oath or in statutory\ndeclarations\n(a) the person makes a statement on oath or in a statutory\ndeclaration; and\n(c) the person knows the statement is false.\nNote Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n","sortOrder":106},{"sectionNumber":"337","sectionType":"section","heading":"Making false or misleading statements","content":"337 Making false or misleading statements\n(a) the person makes a statement (whether orally, in a document or\nin any other way); and\n(c) the person knows that the statement—\n(ii) omits anything without which the statement is false or\n(d) the statement is made in or in relation to an application or claim\nfor a statutory entitlement or a benefit; and\n\nFalse or misleading statements, information and documents Part 3.4\n(e) any of the following applies:\n(i) the statement is made to the Territory;\n(ii) the statement is made to a person who is exercising a\nfunction under a territory law;\n(iii) the statement is made in compliance or purported\n(2) Absolute liability applies to subsection (1) (e) (i), (ii) and (iii).\n(a) the person makes a statement (whether orally, in a document or\nin any other way); and\n(c) the person is reckless about whether the statement—\n(ii) omits anything without which the statement is false or\n(d) the statement is made in or in relation to an application or claim\nfor a statutory entitlement or a benefit; and\n(e) any of the following applies:\n(i) the statement is made to the Territory;\n(ii) the statement is made to a person who is exercising a\nfunction under a territory law;\n(iii) the statement is made in compliance or purported\n\n(4) Absolute liability applies to subsection (3) (e) (i), (ii) and (iii).\n(5) Subsections (1) (b), (1) (c) (i), (3) (b) and (3) (c) (i) do not apply if\nthe statement is not false or misleading in a material particular.\n(6) Subsections (1) (b), (1) (c) (ii), (3) (b) and (3) (c) (ii) do not apply if\nthe omission does not make the statement false or misleading in a\nmaterial particular.\nNote A defendant has an evidential burden in relation to the matters mentioned\nin s (5) and s (6) (see s 58 (3)).\nstatutory entitlement includes an accreditation, approval, assessment,\nauthority, certificate, condition, decision, determination, exemption,\nlicence, permission, permit, registration or other prescribed thing\ngiving a status, privilege or benefit under a law (whether or not\nrequired under the law for doing anything).\nNote For an alternative verdict provision applying to this offence, see s 374.\n","sortOrder":107},{"sectionNumber":"338","sectionType":"section","heading":"Giving false or misleading information","content":"338 Giving false or misleading information\n(a) the person gives information to someone else; and\n(b) the information is false or misleading; and\n(c) the person knows that the information—\n(ii) omits anything without which the information is false or\n(d) any of the following applies:\n(i) the person to whom the information is given is the\nTerritory;\n\nFalse or misleading statements, information and documents Part 3.4\n(ii) the person to whom the information is given is a person\nwho is exercising a function under a territory law;\n(iii) the information is given in compliance or purported\n(2) Absolute liability applies to subsection (1) (d) (i), (ii) and (iii).\n(3) Subsection (1) (b) and (c) (i) does not apply if the information is not\nfalse or misleading in a material particular.\n(4) Subsection (1) (b) and (c) (ii) does not apply if the omission does not\nmake the information false or misleading in a material particular.\n(5) Subsection (1) (d) (i) does not apply if, before the information was\ngiven by the person to the Territory, the Territory did not take\nreasonable steps to tell the person about the existence of the offence\nagainst subsection (1).\n(6) Subsection (1) (d) (ii) does not apply if, before the information was\ngiven by a person (A) to the person mentioned in that\nsubparagraph (B), B did not take reasonable steps to tell A about the\nexistence of the offence against subsection (1).\n(7) For subsections (5) and (6), it is sufficient if the following form of\nwords is used:\n‘Giving false or misleading information is a serious offence’.\n(8) In this section:\n\n","sortOrder":108},{"sectionNumber":"339","sectionType":"section","heading":"Producing false or misleading documents","content":"339 Producing false or misleading documents\n(a) the person produces a document to someone else; and\n(b) the document is false or misleading; and\n(c) the person knows that the document is false or misleading; and\n(d) the document is produced in compliance or purported\n(2) Subsection (1) (b) and (c) does not apply if the document is not false\n(3) Subsection (1) does not apply to a person who produces a document\nif the document is accompanied by a signed statement—\n(a) stating that the document is, to the signing person’s knowledge,\n(b) setting out, or referring to, the material particular in which the\ndocument is, to the signing person’s knowledge, false or\nmisleading.\n(4) The statement under subsection (3) must be signed by—\n(a) the person; or\n(b) if the person who produces the document is a corporation—a\ncompetent officer of the corporation.\n\nBlackmail Part 3.5\n","sortOrder":109},{"sectionNumber":"340","sectionType":"section","heading":"Meaning of menace for pt 3.5","content":"340 Meaning of menace for pt 3.5\n(1) A menace includes—\n(a) an express or implied threat of action that is detrimental or\nunpleasant to someone else; or\n(b) a general threat of detrimental or unpleasant action that is\nimplied because the person making the demand is a public\nofficial.\n(2) A threat against an individual is a menace only if—\n(a) the threat would be likely to cause an individual of normal\nstability and courage to act unwillingly; or\n(b) the threat would be likely to cause the individual to act\nunwillingly because of a particular vulnerability of which the\nmaker of the threat is aware.\n(3) A threat against an entity other than an individual is a menace only\nif—\n(a) the threat would ordinarily cause an unwilling response; or\n(b) the threat would be likely to cause an unwilling response\nbecause of a particular vulnerability of which the maker of the\nthreat is aware.\n","sortOrder":110},{"sectionNumber":"341","sectionType":"section","heading":"Meaning of unwarranted demand with a menace for pt 3.5","content":"341 Meaning of unwarranted demand with a menace for pt 3.5\n(1) A person makes an unwarranted demand with a menace of someone\nelse only if the person—\n(a) makes a demand with a menace of the other person; and\n(b) does not believe that he or she has reasonable grounds for\nmaking the demand; and\n\n(c) does not reasonably believe that the use of the menace is a\nproper means of reinforcing the demand.\n(2) The demand need not be a demand for money or other property.\n(3) It does not matter whether the menace relates to action to be taken by\nthe person making the demand.\n","sortOrder":111},{"sectionNumber":"342","sectionType":"section","heading":"Blackmail","content":"342 Blackmail\nA person commits an offence if the person makes an unwarranted\ndemand with a menace of someone else with the intention of—\n(a) obtaining a gain; or\n(b) causing a loss; or\n(c) influencing the exercise of a public duty.\n\nInterpretation for pt 3.6 Division 3.6.1\n","sortOrder":112},{"sectionNumber":"343","sectionType":"section","heading":"Definitions—pt 3.6","content":"343 Definitions—pt 3.6\ndocument includes any of the following:\n(a) anything on which there are figures, marks, numbers,\nperforations, symbols or anything else that can be responded to\nby a computer, machine or electronic device;\n(b) a credit card or debit card;\n(c) a formal or informal document.\nNote For further definition of document, see the Legislation Act, dict, pt 1.\nfalse document—see section 344.\n","sortOrder":113},{"sectionNumber":"344","sectionType":"section","heading":"Meaning of false document etc for pt 3.6","content":"344 Meaning of false document etc for pt 3.6\n(1) A document is false only if the document, or any part of the\ndocument, purports—\n(a) to have been made in the form in which it is made by a person\nwho did not make it in that form; or\n(b) to have been made in the form in which it is made on the\nauthority of a person who did not authorise its making in that\nform; or\n(c) to have been made in the terms in which it is made by a person\nwho did not make it in those terms; or\n(d) to have been made in the terms in which it is made on the\nauthority of a person who did not authorise its making in those\nterms; or\n\n(e) to have been changed in any way by a person who did not change\nit in that way; or\n(f) to have been changed in any way on the authority of a person\nwho did not authorise it to be changed in that way; or\n(g) to have been made or changed by an existing person who did not\nexist; or\n(h) to have been made or changed on the authority of an existing\nperson who did not exist; or\n(i) to have been made or changed on a date on which, at a time or\nplace at which, or otherwise in circumstances in which it was\nnot made or changed.\n(2) For this part, making a false document includes changing the\ndocument so as to make it a false document under subsection (1)\n(whether or not it already was false in some other way).\n(3) For this section, a document that purports to be a true copy of another\ndocument is to be treated as if it were the original document.\n","sortOrder":114},{"sectionNumber":"345","sectionType":"section","heading":"Inducing acceptance that document genuine","content":"345 Inducing acceptance that document genuine\nFor section 346 (Forgery), section 347 (Using false document) and\nsection 348 (Possessing false document)—\n(a) a reference to inducing a person to accept a document as genuine\nincludes a reference to causing a computer, machine or\nelectronic device to respond to the document as if it were\ngenuine; and\n(b) it is not necessary to prove an intention to induce a particular\nperson to accept the false document as genuine.\n\n","sortOrder":115},{"sectionNumber":"346","sectionType":"section","heading":"Forgery","content":"346 Forgery\nA person commits an offence (forgery) if the person makes a false\ndocument with the intention that the person or someone else will use\nit—\n(a) to dishonestly induce another person (C) to accept it as genuine;\nand\n(b) because C accepts it as genuine, to dishonestly—\n(i) obtain a gain; or\n(ii) cause a loss; or\n(iii) influence the exercise of a public duty.\n","sortOrder":116},{"sectionNumber":"347","sectionType":"section","heading":"Using false document","content":"347 Using false document\nA person commits an offence if the person uses a false document,\nknowing that it is false, with the intention of—\n(a) dishonestly inducing someone else to accept it as genuine; and\n(b) because the other person accepts it as genuine, dishonestly—\n(i) obtaining a gain; or\n(ii) causing a loss; or\n(iii) influencing the exercise of a public duty.\n\n","sortOrder":117},{"sectionNumber":"348","sectionType":"section","heading":"Possessing false document","content":"348 Possessing false document\nA person commits an offence if the person has in the person’s\npossession a false document, knowing that it is false, with the\nintention that the person or someone else will use it—\n(a) to dishonestly induce another person (C) to accept it as genuine;\nand\n(b) because C accepts it as genuine, to dishonestly—\n(i) obtain a gain; or\n(ii) cause a loss; or\n(iii) influence the exercise of a public duty.\n","sortOrder":118},{"sectionNumber":"349","sectionType":"section","heading":"Making or possessing device etc for making false","content":"349 Making or possessing device etc for making false\ndocument\n(1) A person commits an offence if the person makes or adapts a device,\nmaterial or other thing—\n(a) knowing that the thing is designed or adapted for making a false\ndocument (whether or not it is designed or adapted for another\npurpose); and\n(b) with the intention that the person or someone else will use the\nthing to commit forgery.\n(a) the person knows that a device, material or other thing is\ndesigned or adapted for making a false document (whether or\nnot it is designed or adapted for another purpose); and\n\n(b) the person has the device, material or other thing in the person’s\npossession with the intention that the person or someone else\nwill use it to commit forgery.\n(3) A person commits an offence if the person makes or adapts a device,\nmaterial or other thing knowing that it is designed or adapted for\nmaking a false document (whether or not it is designed or adapted for\nanother purpose).\n(4) A person commits an offence if the person has in the person’s\npossession a device, material or other thing knowing that it is\ndesigned or adapted for making a false document (whether or not it is\ndesigned or adapted for another purpose).\n(5) Subsection (4) does not apply if the person has a reasonable excuse.\n","sortOrder":119},{"sectionNumber":"350","sectionType":"section","heading":"False accounting","content":"350 False accounting\n(a) the person dishonestly damages, destroys or conceals an\naccounting document; and\n(b) the person does so with the intention of obtaining a gain or\ncausing a loss.\n\n(i) makes, or concurs in making, in an accounting document\nan entry that is false or misleading in a material particular;\nor\n(ii) omits, or concurs in omitting, a material particular from an\naccounting document; and\n(b) the person does so with the intention of obtaining a gain or\ncausing a loss.\n(3) A person commits an offence if, in giving information for any\npurpose—\n(a) the person dishonestly produces to someone, or makes use of,\nan accounting document that is false or misleading in a material\nparticular; and\n(b) the person is reckless about whether the accounting document is\n(c) the person produces or makes use of the accounting document\nwith the intention of obtaining a gain or causing a loss.\naccounting document means any account, record or other document\nmade or required for an accounting purpose.\n\n","sortOrder":120},{"sectionNumber":"351","sectionType":"section","heading":"False statement by officer of body","content":"351 False statement by officer of body\n(1) An officer of a body commits an offence if—\n(a) the officer dishonestly publishes or concurs in the publishing of\na document containing a statement or account that is false or\nmisleading in a material particular; and\n(b) the officer is reckless about whether the statement or account is\n(c) the officer publishes or concurs in the publishing of the\ndocument with the intention of deceiving members or creditors\nof the body about its affairs.\ncreditor, of a body, includes a person who has entered into a security\nfor the benefit of the body.\nofficer, of a body, includes—\n(a) any member of the body who is concerned in its management;\nand\n(b) anyone purporting to act as an officer of the body.\n\n","sortOrder":121},{"sectionNumber":"352","sectionType":"section","heading":"Definitions—pt 3.7","content":"352 Definitions—pt 3.7\nagent—see section 353.\nfavour—an agent provides a favour if the agent—\n(a) is influenced or affected in the exercise of his or her function as\nagent; or\n(b) does or does not do something as agent, or because of his or her\nposition as agent; or\n(c) causes or influences his or her principal, or another agent of the\nprincipal, to do or not do something.\nfunction, of an agent, includes a function the agent holds himself or\nherself out as having as agent.\nprincipal—see section 353.\n","sortOrder":122},{"sectionNumber":"353","sectionType":"section","heading":"Meaning of agent and principal for pt 3.7","content":"353 Meaning of agent and principal for pt 3.7\n(1) An agent (and the principal of the agent) includes the following:\nitem\nagent\ncolumn 3\nprincipal of the agent\n1 a person acting for someone else\nwith that other person’s actual or\nimplied authority\nthat other person\n2 a public official the government or other body for\nwhich the official acts\n3 an employee the employer\n4 a lawyer acting for a client the client\n\nitem\nagent\ncolumn 3\nprincipal of the agent\n5 a partner the partnership\n6 an officer of a corporation\n(whether or not employed by it)\nthe corporation\n7 an officer of another body\n(whether or not employed by it)\nthe body\n8 a consultant to a person that person\n(2) A person is an agent or principal if the person is, or has been or\nintends to be, an agent or principal.\n","sortOrder":123},{"sectionNumber":"354","sectionType":"section","heading":"Dishonesty for pt 3.7","content":"354 Dishonesty for pt 3.7\nThe provision of a benefit can be dishonest even if the provision of\nthe benefit is customary in a trade, business, profession or calling.\n","sortOrder":124},{"sectionNumber":"355","sectionType":"section","heading":"Meaning of obtain for pt 3.7","content":"355 Meaning of obtain for pt 3.7\n(1) For this part, a person (A) is taken to obtain a benefit for someone\n(2) The definition of obtain in section 300 does not apply to this part.\n","sortOrder":125},{"sectionNumber":"356","sectionType":"section","heading":"Bribery","content":"356 Bribery\n(i) provides a benefit to an agent or someone else; or\n(ii) causes a benefit to be provided to an agent or someone else;\nor\n\n(iii) offers to provide, or promises to provide, a benefit to an\nagent or someone else; or\nof the provision of a benefit, to be made to an agent or\n(b) the person does so with the intention that the agent will provide\na favour.\n(2) An agent commits an offence if—\n(a) the agent dishonestly—\n(i) asks for a benefit for the agent or someone else; or\n(ii) obtains a benefit for the agent or someone else; or\n(iii) agrees to obtain a benefit for the agent or someone else;\nand\n(b) the agent does so with the intention—\n(i) that the agent will provide a favour; or\n(ii) of inducing, fostering or sustaining a belief that the agent\nwill provide a favour.\n\n","sortOrder":126},{"sectionNumber":"357","sectionType":"section","heading":"Other corrupting benefits","content":"357 Other corrupting benefits\n(i) provides a benefit to an agent or someone else; or\n(ii) causes a benefit to be provided to an agent or someone else;\nor\n(iii) offers to provide, or promises to provide, a benefit to an\nagent or someone else; or\nof the provision of a benefit, to be made to an agent or\n(b) obtaining, or expecting to obtain, the benefit would tend to\ninfluence the agent to provide a favour.\n(2) An agent commits an offence if—\n(a) the agent dishonestly—\n(i) asks for a benefit for the agent or someone else; or\n(ii) obtains a benefit for the agent or someone else; or\n(iii) agrees to obtain a benefit for the agent or someone else;\nand\n(b) obtaining, or expecting to obtain, the benefit would tend to\ninfluence the agent to provide a favour.\n(3) For this section, it does not matter whether the benefit is in the nature\nof a reward.\n\n","sortOrder":127},{"sectionNumber":"358","sectionType":"section","heading":"Payola","content":"358 Payola\n(a) the person holds the person out to the public as being engaged\nin a business or activity of—\n(i) making disinterested selections or examinations; or\n(ii) expressing disinterested opinions in relation to property or\nservices; and\n(b) the person dishonestly asks for or obtains, or agrees to obtain, a\nbenefit for the person or someone else in order to influence the\nselection, examination or opinion.\n","sortOrder":128},{"sectionNumber":"359","sectionType":"section","heading":"Abuse of public office","content":"359 Abuse of public office\n(1) A public official commits an offence if—\n(a) the official—\n(i) exercises any function or influence that the official has as\na public official; or\n(ii) fails to exercise any function the official has as a public\nofficial; or\n(iii) engages in any conduct in the exercise of the official’s\nduties as a public official; or\n(iv) uses any information that the official has gained as a public\nofficial; and\n\n(b) the official does so with the intention of—\n(i) dishonestly obtaining a benefit for the official or someone\nelse; or\n(ii) dishonestly causing a detriment to someone else.\n(a) the person has ceased to be a public official in a particular\ncapacity; and\n(b) the person uses any information the person gained in that\ncapacity; and\n(c) the person does so with the intention of—\n(i) dishonestly obtaining a benefit for the person or someone\nelse; or\n(ii) dishonestly causing a detriment to someone else.\n(3) Subsection (2) (a) applies to a person—\n(a) whether the person ceased to be a public official as mentioned\nin the paragraph before, at or after the commencement of this\nsection; and\n(b) whether or not the person continues to be a public official in\nanother capacity.\n(4) For subsection (2), a public official includes the associate judge.\n\nassociate judge means the Master of the Supreme Court under the\nSupreme Court Act 1933, as in force at any time before the day the\nCourts Legislation Amendment Act 2023, section 23 commences.\nNote The Courts Legislation Amendment Act 2023, s 23 omitted the Supreme\nCourt Act 1933, pt 3, which provided for the Master of the Supreme Court\n(known as the Associate Judge).\n\nImpersonation or obstruction of territory public officials Part 3.8\nPart 3.8 Impersonation or obstruction of\nterritory public officials\n","sortOrder":129},{"sectionNumber":"360","sectionType":"section","heading":"Impersonating territory public official","content":"360 Impersonating territory public official\n(a) on a particular occasion, impersonates someone else in the other\nperson’s capacity as a territory public official; and\n(b) does so—\n(i) knowing it to be in circumstances when the official is likely\nto be performing his or her duty; and\n(ii) with intent to deceive.\n(a) falsely represents the person to be a territory public official in a\nparticular capacity (whether or not that capacity exists or is\nfictitious); and\n(b) does so in the course of doing an act, or attending a place, in the\nassumed capacity of such an official.\n(3) A person commits an offence if the person—\n(a) either—\n(i) impersonates someone else in the other person’s capacity\nas a territory public official; or\n\nPart 3.8 Impersonation or obstruction of territory public officials\n(ii) falsely represents himself or herself to be a territory public\nofficial in a particular capacity (whether or not that\ncapacity exists or is fictitious); and\n(b) does so—\n(i) with the intention of obtaining a gain, causing a loss or\ninfluencing the exercise of a public duty; and\n(ii) if paragraph (a) (i) applies—also with intent to deceive.\n(4) To remove any doubt, in this section:\nfalse representation does not include conduct engaged in solely for\nimpersonation does not include conduct engaged in solely for\n","sortOrder":130},{"sectionNumber":"361","sectionType":"section","heading":"Obstructing territory public official","content":"361 Obstructing territory public official\n(a) the person obstructs, hinders, intimidates or resists a public\nofficial in the exercise of his or her functions as a public official;\nand\n(b) the person knows that the public official is a public official; and\n(c) the public official is a territory public official; and\n(d) the functions are functions as a territory public official.\n(3) Strict liability applies to the circumstance that the public official was\nexercising the official’s functions as a public official.\n\nImpersonation or obstruction of territory public officials Part 3.8\nfunction—\n(a) in relation to a person who is a public official—means a function\nthat is given to the person as a public official; and\n(b) in relation to a person who is a territory public official—means\na function given to the person as a territory public official.\n","sortOrder":131},{"sectionNumber":"362","sectionType":"section","heading":"Impersonating police officer","content":"362 Impersonating police officer\n(1) A person who is not a police officer commits an offence if the person\nwears a uniform or badge of a police officer.\n(2) A person who is not a police officer commits an offence if the person\nrepresents himself or herself to be a police officer.\n(3) An offence against subsection (1) or (2) is a strict liability offence.\n(4) A person who is not a police officer commits an offence if the person\nwears clothing or a badge and is reckless about whether the clothing\nor badge would cause someone to believe that the person is a police\nofficer.\n(5) This section does not apply to conduct engaged in solely for\n\nPart 3.8 Impersonation or obstruction of territory public officials\n","sortOrder":132},{"sectionNumber":"363","sectionType":"section","heading":"Obstructing territory public official—minor offence","content":"363 Obstructing territory public official—minor offence\n(a) the person obstructs, hinders, intimidates or resists a public\nofficial in the exercise of his or her functions as a public official;\nand\n(b) the person is reckless about whether the public official is a\npublic official; and\n(c) the public official is a territory public official; and\n(d) the functions are functions as a territory public official.\n(2) Absolute liability applies to subsection (1) (c) and (d).\n(3) Strict liability applies to the circumstance that the public official was\nexercising the official’s functions as a public official.\nfunction—see section 361.\n\nInterpretation—pt 3.8A Division 3.8A.1\n","sortOrder":133},{"sectionNumber":"363A","sectionType":"section","heading":"Definitions—pt 3.8A","content":"363A Definitions—pt 3.8A\nbet, by a person on an event, includes placement, acceptance or\nwithdrawal of a bet by the person on the event.\ncause, in relation to an occurrence or state of affairs—see\nsection 363B.\nconduct means an act or an omission to do an act.\ncorrupts a betting outcome—see section 363C.\nencourage, a person, includes command, request, propose, advise,\nincite, induce, persuade, authorise, urge, threaten or place pressure on\nthe person.\nevent means an event, or contingency connected to an event, (in the\nACT or elsewhere) on which it is lawful to bet under a territory law\nor a law of a State or the Commonwealth.\nfinancial advantage means a permanent or temporary financial\nadvantage.\nfinancial disadvantage means a permanent or temporary financial\ndisadvantage.\nobtain—see section 363D.\n(2) The definition of conduct in section 13 does not apply to this part.\n\n","sortOrder":134},{"sectionNumber":"363B","sectionType":"section","heading":"Meaning of cause—pt 3.8A","content":"363B Meaning of cause—pt 3.8A\ncause, in relation to an occurrence or state of affairs, means\nsubstantially contribute (directly or indirectly) to making the\noccurrence or state of affairs happen.\n(2) The definition of cause in section 300 does not apply to this part.\n","sortOrder":135},{"sectionNumber":"363C","sectionType":"section","heading":"Meaning of corrupts a betting outcome—pt 3.8A","content":"363C Meaning of corrupts a betting outcome—pt 3.8A\ncorrupts a betting outcome—conduct corrupts a betting outcome for\nan event if the conduct affects or is likely to affect the outcome of any\ntype of betting on the event contrary to the standards of integrity\nreasonably expected of a person in a position to affect the outcome of\nany type of betting on the event.\n","sortOrder":136},{"sectionNumber":"363D","sectionType":"section","heading":"Meaning of obtain—pt 3.8A","content":"363D Meaning of obtain—pt 3.8A\nobtain includes—\n(a) get or keep for oneself (directly or indirectly); or\n(b) get or keep for another person (directly or indirectly).\n(2) The definition of obtain in section 300 does not apply to this part.\n","sortOrder":137},{"sectionNumber":"363E","sectionType":"section","heading":"Proof of certain matters not required for offences against","content":"363E Proof of certain matters not required for offences against\npart 3.8A\n(1) In a proceeding for an offence against section 363F, a person\n(the accused person) is taken to intend obtaining a financial\nadvantage or causing a financial disadvantage in connection with a\nbet on an event if, and only if, it is proved that the accused person—\n(a) intended to obtain a financial advantage or cause financial\ndisadvantage in connection with betting on the event; or\n\nOffences—pt 3.8A Division 3.8A.2\n(b) was aware that another person intended to obtain a financial\nadvantage or cause financial disadvantage in connection with\nbetting on the event, as a result of the conduct that the accused\nperson engaged in.\n(2) In a proceeding for an offence against section 363F, it is not necessary\nto prove that a financial advantage was actually obtained or a\nfinancial disadvantage was actually caused.\n(3) In a proceeding for an offence against section 363G or section 363H\nit is not necessary to prove that—\n(a) a bet by a person was made personally by the person; or\n(b) a person who was encouraged to bet, or to whom information\nwas communicated, in relation to an event actually bet on the\nevent; or\n(c) a person who was encouraged to bet was encouraged to bet in a\nparticular way.\n","sortOrder":138},{"sectionNumber":"363F","sectionType":"section","heading":"Conduct that corrupts betting outcome","content":"363F Conduct that corrupts betting outcome\nA person (the first person) commits an offence if—\n(a) the first person engages in conduct; and\n(b) the conduct corrupts a betting outcome on an event; and\n(c) the first person is reckless about whether the conduct corrupts a\nbetting outcome for the event; and\nNote The fault element of recklessness can be satisfied by proof of\nintention, knowledge or recklessness (see s 20 (4)).\n\n(d) the first person intends—\n(i) obtaining a financial advantage for the first person or\nanother person from a bet on the event; or\n(ii) causing a financial disadvantage to another person who\nbets on the event.\n","sortOrder":139},{"sectionNumber":"363G","sectionType":"section","heading":"Bet with information about corrupt betting outcome","content":"363G Bet with information about corrupt betting outcome\n(1) A person (the first person) commits an offence if—\n(a) the first person engages in conduct that results in—\n(i) a bet by the first person on an event; or\n(ii) another person being encouraged to bet on an event; or\n(iii) information being communicated to another person who\nthe first person knows would, or would be likely to, bet on\nan event; and\n(b) at the time of the conduct the first person—\n(i) possesses corrupt conduct information for the event; and\n(ii) is reckless about whether the information is corrupt\nconduct information.\nNote The fault element of recklessness can be satisfied by proof\nof intention, knowledge or recklessness (see s 20 (4)).\ncorrupt conduct information, for an event, means information\nabout—\n(a) conduct that corrupts a betting outcome for the event; or\n\nOffences—pt 3.8A Division 3.8A.2\n(b) proposed conduct that would corrupt a betting outcome for the\nevent.\n","sortOrder":140},{"sectionNumber":"363H","sectionType":"section","heading":"Bet with inside information","content":"363H Bet with inside information\n(1) A person (the first person) commits an offence if—\n(a) the first person engages in conduct that results in—\n(i) a bet by the first person on an event; or\n(ii) another person being encouraged to bet on an event; or\n(iii) information being communicated to another person who\nthe first person knows would, or would be likely to, bet on\nan event; and\n(b) at the time of the conduct the first person—\n(i) possesses inside information for the event; and\n(ii) is reckless about whether the information is inside\ninformation.\nNote The fault element of recklessness can be satisfied by proof\nof intention, knowledge or recklessness (see s 20 (4)).\nMaximum penalty: imprisonment for 2 years.\ngenerally available—information is generally available if it—\n(a) consists of matter that is readily observable by the public; or\n(b) has been made known in a way that would, or would be likely\nto, bring it to the attention of the public; or\n(c) consists of deductions, conclusions or inferences made or drawn\nfrom information mentioned in paragraph (a) or (b).\n\ninside information, about an event, means information that—\n(a) is not generally available; and\n(b) if it were generally available, would, or would be likely to,\ninfluence a person who would commonly bet on the event in\ndeciding—\n(i) whether or not to bet on the event; or\n(ii) any other betting decision.\n\n","sortOrder":141},{"sectionNumber":"364","sectionType":"section","heading":"Stolen property held by dealers etc—owners rights","content":"364 Stolen property held by dealers etc—owners rights\n(1) If the owner of stolen property makes a complaint to a magistrate that\nthe property is in the possession of a dealer in second-hand goods or\na person (the lender) who has advanced money on the security of the\nproperty, the magistrate may—\n(a) issue a summons for the appearance of the dealer or lender and\nfor the production of the property; and\n(b) order the dealer or lender to give the property to the owner on\npayment by the owner of the amount (if any) that the magistrate\nconsiders appropriate.\n(2) A dealer or lender who contravenes an order under subsection (1) (b),\nor who disposes of any property after being told by the owner of the\nproperty that it is stolen, is liable to pay to the owner of the property\nthe full value of the property as decided by a magistrate.\n(e) obtaining property by deception.\nstolen property means property appropriated or obtained in the course\nof theft or a related offence.\n\n","sortOrder":142},{"sectionNumber":"365","sectionType":"section","heading":"Stolen property held by police—disposal","content":"365 Stolen property held by police—disposal\n(1) This section applies if—\n(a) property is lawfully in the custody of a police officer; and\n(b) a person is charged with theft or a related offence in relation to\nthe property; and\n(c) the person charged—\n(i) cannot be found; or\n(ii) is convicted, discharged or acquitted in relation to the\ncharge.\n(2) A magistrate may—\n(a) make an order for the property to be given to the person who\nappears to be the owner of the property; or\n(b) if there is no-one who appears to be the owner—make any order\nin relation to the property that the magistrate considers just.\n(3) An order under this section does not prevent anyone from recovering\nthe property from the person to whom the property is given under the\norder if a proceeding for the recovery is begun within 6 months after\nthe day the order is made.\nrelated offence—see section 364.\n","sortOrder":143},{"sectionNumber":"366","sectionType":"section","heading":"Procedure and evidence—theft, receiving etc","content":"366 Procedure and evidence—theft, receiving etc\n(1) Any number of defendants may be charged in a single indictment with\ntheft or receiving in relation to the same property and the defendants\ncharged may be tried together.\n(2) Any number of defendants may be charged in a single indictment with\nobtaining property by deception or receiving in relation to the same\nproperty and the defendants charged may be tried together.\n\n(3) On the trial of a defendant or 2 or more defendants for theft, unless\nthe court otherwise orders, a count on the indictment may include an\nallegation that the defendant or 1 or more of the defendants stole 2 or\nmore items of property.\n(4) On the trial of a defendant or 2 or more defendants for receiving,\nunless the court otherwise orders, a count on the indictment—\n(a) may include an allegation that the defendant or 1 or more of the\ndefendants received 2 or more items of property; and\n(b) may include the allegation whether or not all the items of\nproperty were received from the same person or at the same\ntime.\n(5) If, on the trial of a defendant for receiving, it is proved that the\ndefendant had 4 or more items of stolen property in his or her\npossession, it must be presumed, unless there is evidence to the\ncontrary, that the defendant—\n(a) received the items; and\n(b) at the time of receiving them, knew or believed them to be items\nof stolen property.\n(6) The defendant has an evidential burden in relation to evidence to the\ncontrary mentioned in subsection (5).\n(7) On the trial of 2 or more defendants for jointly receiving stolen\nproperty, the trier of fact may find a defendant guilty if satisfied that\nthe defendant received all or any of the stolen property, whether or\nnot the defendant received it jointly with 1 or more of the other\ndefendants.\n(8) On the trial of 2 or more defendants for theft and receiving, the trier\nof fact may find 1 or more of the defendants guilty of theft or\nreceiving, or may find any of them guilty of theft and any other or\nothers guilty of receiving.\n\n(9) On the trial of 2 or more defendants for obtaining property by\ndeception and receiving, the trier of fact may find 1 or more of the\ndefendants guilty of obtaining property by deception or receiving, or\nmay find any of them guilty of obtaining property by deception and\nany other or others guilty of receiving.\n(10) Subsection (11) applies to a proceeding for the theft of property in the\ncourse of transmission (whether by post or otherwise), or for\nreceiving stolen property from such a theft.\n(11) A statutory declaration by a person that the person sent, received or\nfailed to receive goods or a postal packet, or that goods or a postal\npacket when sent or received by the person were or was in a particular\nstate or condition, is admissible as evidence of the facts stated in the\ndeclaration—\n(a) if and to the extent to which oral evidence to the same effect\nwould have been admissible in the proceeding; and\n(b) if, at least 7 days before the day of the beginning of the hearing\nor trial, a copy of the declaration is given to the defendant, and\nthe defendant has not, at least 3 days before the day of the\nbeginning of the hearing or trial, or within any further time that\nthe court in special circumstances allows, given to the\nprosecution written notice requiring the attendance at the\nhearing or trial of the person making the declaration.\nNote 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of\nstatutory declarations under ACT laws.\nNote 2 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(12) In this section:\nstolen property—see section 314.\n\n","sortOrder":144},{"sectionNumber":"367","sectionType":"section","heading":"Certain proceedings not to be heard together","content":"367 Certain proceedings not to be heard together\nIf a person is charged with an offence against section 324 (Unlawful\npossession of stolen property) and an offence of receiving in relation\nto the same property, proceedings for the offences must not be heard\ntogether.\n","sortOrder":145},{"sectionNumber":"368","sectionType":"section","heading":"Indictment for offence relating to deeds, money etc","content":"368 Indictment for offence relating to deeds, money etc\n(1) In an indictment for an offence against this chapter in relation to a\ndocument of title to land, or a part of a document of title to land, it is\nsufficient to state that the document or the part of the document is or\ncontains evidence of the title to the land, and to mention the person,\nor any of the people, with an interest in the land, or in any part of the\nland.\n(2) In an indictment for an offence against this chapter in relation to\nmoney or a valuable security, it is sufficient to describe it as a certain\namount of money, or a certain valuable security, without specifying a\nparticular kind of money or security, and the description will be\nsustained by proof of the offence in relation to any money or valuable\nsecurity even if it is agreed that part of the value of the money or\nsecurity has been returned, or part was in fact returned.\ndocument of title to land includes any document that is or contains\nevidence of title to the land or an interest in the land.\nNote For definition of interest, in relation to land, see the Legislation Act, dict,\npt 1.\n\n","sortOrder":146},{"sectionNumber":"369","sectionType":"section","heading":"Theft of motor vehicle—cancellation of licence","content":"369 Theft of motor vehicle—cancellation of licence\n(1) This section applies if a person is found guilty of any of the following\noffences:\n(a) theft of a motor vehicle;\n(b) an offence against section 318 (Taking etc motor vehicle\nwithout consent).\nNote A reference to an offence includes a reference to a related ancillary\noffence, eg attempt (see Legislation Act, s 189).\n(2) The court may, by order—\n(a) if the person holds a driver licence—disqualify the person from\nholding or obtaining a driver licence for the period the court\nconsiders appropriate; or\n(b) if the person does not hold a driver licence—disqualify the\nperson from obtaining a driver licence for the period the court\nconsiders appropriate.\nNote The effect of disqualification is set out in the Road Transport (General)\nAct 1999, s 66.\n(3) If the court makes an order under this section, the court must give\nparticulars of the order to the road transport authority.\n","sortOrder":147},{"sectionNumber":"369A","sectionType":"section","heading":"Alternative verdicts—aggravated robbery and robbery","content":"369A Alternative verdicts—aggravated robbery and robbery\n(1) This section applies if, in a prosecution for aggravated robbery, the\nrobbery.\n(2) The trier of fact may find the defendant guilty of robbery, but only if\nthe defendant has been given procedural fairness in relation to that\n\nAlternative verdicts—ch 3 Division 3.9.2\n","sortOrder":148},{"sectionNumber":"369B","sectionType":"section","heading":"Alternative verdicts—aggravated burglary and burglary","content":"369B Alternative verdicts—aggravated burglary and burglary\n(1) This section applies if, in a prosecution for aggravated burglary, the\nburglary.\n(2) The trier of fact may find the defendant guilty of burglary, but only if\nthe defendant has been given procedural fairness in relation to that\n","sortOrder":149},{"sectionNumber":"370","sectionType":"section","heading":"Alternative verdicts—theft and taking motor vehicle","content":"370 Alternative verdicts—theft and taking motor vehicle\nwithout consent\n(1) This section applies if, in a prosecution for theft, the trier of fact is\nnot satisfied that the defendant committed theft but is satisfied beyond\nreasonable doubt that the defendant committed an offence against\nsection 318 (Taking etc motor vehicle without consent).\nsection 318, but only if the defendant has been given procedural\n","sortOrder":150},{"sectionNumber":"371","sectionType":"section","heading":"Alternative verdicts—theft or obtaining property by","content":"371 Alternative verdicts—theft or obtaining property by\ndeception and receiving\n(1) If, in a prosecution for theft or obtaining property by deception, the\nan offence of receiving, the trier of fact may find the defendant guilty\nof receiving, but only if the defendant has been given procedural\n\n(2) If, in a prosecution for an offence of receiving, the trier of fact is not\nsatisfied that the defendant committed the offence but is satisfied\nbeyond reasonable doubt that the defendant committed theft or\nobtaining property by deception, the trier of fact may find the\ndefendant guilty of theft or obtaining property by deception, but only\nif the defendant has been given procedural fairness in relation to that\n","sortOrder":151},{"sectionNumber":"372","sectionType":"section","heading":"Alternative verdicts—theft and obtaining property by","content":"372 Alternative verdicts—theft and obtaining property by\ndeception\n(1) If, in a prosecution for an offence of theft, the trier of fact is not\nsatisfied that the defendant committed the offence but is satisfied\nbeyond reasonable doubt that the defendant committed an offence of\nobtaining property by deception, the trier of fact may find the\ndefendant guilty of obtaining property by deception, but only if the\ndefendant has been given procedural fairness in relation to that\n(2) If, in a prosecution for an offence of obtaining property by deception,\nthe trier of fact is not satisfied that the defendant committed the\noffence but is satisfied beyond reasonable doubt that the defendant\ncommitted an offence of theft, the trier of fact may find the defendant\nguilty of theft, but only if the defendant has been given procedural\n\nAlternative verdicts—ch 3 Division 3.9.2\n","sortOrder":152},{"sectionNumber":"373","sectionType":"section","heading":"Verdict of ‘theft or receiving’ etc","content":"373 Verdict of ‘theft or receiving’ etc\n(1) If, on the trial of a defendant charged with theft and receiving in\nrelation to the same property, the trier of fact is satisfied beyond\nreasonable doubt that the defendant committed theft or receiving but\ncannot decide which of the offences the defendant committed, the\ntrier of fact must find the defendant guilty of—\n(a) the offence that is more probable; or\n(b) if the trier of fact cannot decide which of the offences is more\nprobable—theft.\n(2) If, on the trial of a defendant charged with obtaining property by\ndeception and receiving in relation to the same property, the trier of\nfact is satisfied beyond reasonable doubt that the defendant\ncommitted obtaining property by deception or receiving but cannot\ndecide which of the offences the defendant committed, the trier of\nfact must find the defendant guilty of—\n(a) the offence that is more probable; or\n(b) if the trier of fact cannot decide which of the offences is more\nprobable—obtaining property by deception.\n","sortOrder":153},{"sectionNumber":"374","sectionType":"section","heading":"Alternative verdicts—making false or misleading","content":"374 Alternative verdicts—making false or misleading\nstatements\nsection 337 (1) (Making false or misleading statements), the trier of\nfact is not satisfied that the defendant committed the offence but is\nsatisfied beyond reasonable doubt that the defendant committed an\noffence against section 337 (3).\n\nsection 337 (3), but only if the defendant has been given procedural\n","sortOrder":154},{"sectionNumber":"375","sectionType":"section","heading":"Going equipped offences—forfeiture","content":"375 Going equipped offences—forfeiture\n(1) If a person is found guilty of an offence against section 315 (Going\nequipped for theft etc) in relation to an article, the person must forfeit\nto the Territory the article and any other article of the kind mentioned\nin that section that is in the person’s custody or possession.\n(2) If a person is found guilty of an offence against section 316 (Going\nequipped with offensive weapon for theft etc) in relation to an\noffensive weapon, the person must forfeit to the Territory the weapon\nand any other offensive weapon of the kind mentioned in that section\nthat is in the person’s custody or possession.\n","sortOrder":155},{"sectionNumber":"376","sectionType":"section","heading":"Unlawful possession offence—forfeiture","content":"376 Unlawful possession offence—forfeiture\n(1) If a person is found guilty of an offence against section 324 (Unlawful\npossession of stolen property), the property to which the offence\nrelates is forfeited to the Territory—\n(a) if the person found guilty is the owner of the property—when\nthe person is found guilty; or\n(b) in any other case—at the end of 90 days after the day the person\nis found guilty of the offence unless the owner of the property is\nknown.\n(2) The forfeited property must be transferred to the public trustee and\nguardian.\n\nForfeiture—ch 3 Division 3.9.3\n","sortOrder":156},{"sectionNumber":"377","sectionType":"section","heading":"Unlawful possession offence—disposal of forfeited","content":"377 Unlawful possession offence—disposal of forfeited\nproperty by public trustee and guardian\n(1) The public trustee and guardian must pay any forfeited money\ntransferred to the public trustee and guardian under section 376 to the\nconfiscated assets trust fund under the Confiscation of Criminal\nAssets Act 2003.\n(2) The public trustee and guardian must sell or otherwise dispose of\nother property transferred to the public trustee and guardian under\nsection 376.\n(3) 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(4) However, the Minister may direct that, in a particular case, forfeited\ngoods be dealt with in accordance with the direction (including in\naccordance with a law stated in the direction).\n(5) The direction is a disallowable instrument.\n(6) The public trustee and guardian must comply with the Minister’s\ndirection.\n(7) Any interest held by the public trustee and guardian in relation to\nproperty transferred under section 376 (2) is a statutory interest of a\nkind to which the Personal Property Securities Act 2009 (Cwlth),\nsection 73 (2) applies.\n(8) A regulation may make provision in relation to public trustee and\nguardian’s remuneration, and other costs, charges and expenses,\nunder subsection (3) (a).\n\n","sortOrder":157},{"sectionNumber":"378","sectionType":"section","heading":"Unlawful possession offence—return of or compensation","content":"378 Unlawful possession offence—return of or compensation\nfor forfeited property\n(1) If, after the end of the 90-day period mentioned in section 376 (1) (b),\nthe owner of the property claims the property, the public trustee and\nguardian must, if satisfied that the person is the owner—\n(a) if the property is money—pay the money to the person; or\n(b) in any other case—return the property to the person or pay the\nperson reasonable compensation for the property.\n(2) This section does not apply if the property is subject to forfeiture, or\nhas been forfeited, under the Confiscation of Criminal Assets\nAct 2003.\nNote The Confiscation of Criminal Assets Act 2003 provides for compensation\nor the return of forfeited property in certain circumstances.\n","sortOrder":158},{"sectionNumber":"379","sectionType":"section","heading":"Forgery offences—forfeiture","content":"379 Forgery offences—forfeiture\n(1) This section applies if a person is found guilty of an offence against\nany of the following sections:\n(a) section 346 (Forgery);\n(b) section 347 (Using false document);\n(c) section 348 (Possessing false document);\n(d) section 349 (Making or possessing device etc for making false\ndocument).\n(2) The court may order, under the Crimes Act 1900, section 367\n(Procedure on forfeiture), that any article used in relation to the\noffence be forfeited to the Territory.\n\nInterpretation for pt 4.1 Division 4.1.1\nChapter 4 Property damage and\ncomputer offences\nDivision 4.1.1 Interpretation for pt 4.1\n400 Definitions—pt 4.1\ncauses damage or another result—a person causes damage or another\nresult if the person’s conduct substantially contributes to the damage\nor other result.\ndamage property, includes the following:\n(a) destroy the property;\n(b) cause the physical loss of the property by interfering with the\nproperty (including by removing any restraint over the property\nor abandoning the property);\n(c) cause loss of a use or function of the property by interfering with\nthe property;\n(d) deface the property;\n(e) for a document—obliterate or make illegible the whole or part\nof the document;\n(f) for an animal—harm or kill the animal;\n(g) for a plant or other thing forming part of land—cut it from the\nland.\nproperty means any property of a tangible nature.\nNote For further definition of property, see the dictionary and the Legislation\nAct, dict, pt 1.\n\n","sortOrder":159},{"sectionNumber":"401","sectionType":"section","heading":"Person to whom property belongs","content":"401 Person to whom property belongs\n(1) For this part, property belongs to anyone having possession or control\nof it, or having any proprietary right or interest in it (other than an\nequitable interest arising only from an agreement to transfer or grant\nan interest or from a constructive trust).\n(2) If property is subject to a trust, a reference to the people to whom it\nbelongs includes a reference to anyone having a right to enforce the\ntrust.\n(3) If property belongs to 2 or more people, a reference to the person to\nwhom the property belongs is a reference to all the people.\n","sortOrder":160},{"sectionNumber":"402","sectionType":"section","heading":"Meaning of threat for pt 4.1","content":"402 Meaning of threat for pt 4.1\nFor this part—\n(a) a threat to a person includes a threat to a group of people; and\n(b) fear that a threat will be carried out includes apprehension that\nit will be carried out.\n","sortOrder":161},{"sectionNumber":"403","sectionType":"section","heading":"Damaging property","content":"403 Damaging property\n(a) causes damage to property belonging to someone else; and\n(b) intends to cause, or is reckless about causing, damage to that\nproperty or any other property belonging to someone else.\n\nOffences—pt 4.1 Division 4.1.2\n(2) A conviction for an offence against this section is an alternative\n(a) an offence against section 416 (Unauthorised modification of\ndata to cause impairment); or\n(b) an offence against section 417 (Unauthorised impairment of\nelectronic communication).\n","sortOrder":162},{"sectionNumber":"404","sectionType":"section","heading":"Arson","content":"404 Arson\n(a) causes damage to a building or vehicle by fire or explosive; and\n(b) intends to cause, or is reckless about causing, damage to that or\nany other building or vehicle.\nMaximum penalty: 1 500 penalty units, imprisonment for 15 years or\n(a) makes to someone else (person B) a threat to damage, by fire or\nexplosive, a building or vehicle belonging to person B or to\nanother person; and\n(b) intends to cause, or is reckless about causing, person B to fear\nthat the threat will be carried out.\n(3) In a prosecution for an offence against subsection (2) it is not\nnecessary to prove that the person threatened (person B) actually\nfeared that the threat would be carried out.\nbuilding includes—\n(a) part of a building; or\n\n(b) any structure (whether or not moveable) that is used, designed\nor adapted for residential purposes.\nvehicle means motor vehicle, motorised vessel or aircraft.\n","sortOrder":163},{"sectionNumber":"405","sectionType":"section","heading":"Causing bushfires","content":"405 Causing bushfires\n(a) intentionally or recklessly causes a fire; and\n(b) is reckless about the spread of the fire to vegetation on property\nbelonging to someone else.\nMaximum penalty: 1 500 penalty units, imprisonment for 15 years or\ncauses a fire—a person causes a fire if the person does any of the\n(a) lights a fire;\n(b) maintains a fire;\n(c) fails to contain or extinguish a fire that was lit by the person if it\nis not beyond the person’s capacity to contain or extinguish it.\nspread, of a fire, means spread of the fire beyond the capacity of the\nperson who caused the fire to contain or extinguish it.\n","sortOrder":164},{"sectionNumber":"406","sectionType":"section","heading":"Threat to cause property damage—fear of death or","content":"406 Threat to cause property damage—fear of death or\nserious harm\n(a) intentionally makes to someone else a threat to damage\nproperty; and\n\nOffences—pt 4.1 Division 4.1.2\n(b) is reckless about causing that person to fear that the carrying out\nof the threat will kill or cause serious harm to that person or\nanother person.\n(2) In the prosecution of an offence against this section it is not necessary\n","sortOrder":165},{"sectionNumber":"407","sectionType":"section","heading":"Threat to cause property damage","content":"407 Threat to cause property damage\n(a) intentionally makes to someone else a threat to damage property\nbelonging to that person or another person; and\n(b) intends that person to fear that the threat will be carried out.\n","sortOrder":166},{"sectionNumber":"408","sectionType":"section","heading":"Possession of thing with intent to damage property","content":"408 Possession of thing with intent to damage property\n(1) A person commits an offence if the person possesses a thing with the\nintention that the person or someone else will use it to damage\nproperty belonging to another person.\n\npossess a thing includes—\n(a) have control over disposing of the thing (whether or not the thing\nis in the custody of the person); or\n(b) have joint possession of the thing.\nNote A defendant has an evidential burden in relation to the defences in this\ndivision (see s 58 (3)).\n","sortOrder":167},{"sectionNumber":"409","sectionType":"section","heading":"Consent—pt 4.1 offences","content":"409 Consent—pt 4.1 offences\n(1) A person (person A) is not criminally responsible for an offence\nagainst this part if, when the conduct required for the offence was\ncarried out—\n(a) a person entitled to consent to the damage to the property\nconcerned had consented; or\n(b) person A believed that a person entitled to consent to the damage\nto the property concerned—\n(i) had consented; or\n(ii) would have consented if the person had known about the\ndamage to the property and its circumstances.\n(2) For the application of this defence to an offence against section 405\n(Causing bushfires):\ndamage, to property, means the risk of fire spreading to the property.\n","sortOrder":168},{"sectionNumber":"410","sectionType":"section","heading":"Claim of right—pt 4.1 offences","content":"410 Claim of right—pt 4.1 offences\n(1) A person is not criminally responsible for an offence against this part\nif, when engaging in the conduct required for the offence, the person\nbelieved that the person had a right or interest in the property\nconcerned that entitled the person to engage in the conduct.\n\nDefences—pt 4.1 Division 4.1.3\nright or interest in property includes a right or privilege in or over\nland or waters, whether created by grant, licence or otherwise.\n","sortOrder":169},{"sectionNumber":"411","sectionType":"section","heading":"Self-defence","content":"411 Self-defence\nTo remove any doubt, section 42 (Self-defence) applies to an offence\nagainst this part.\n\n","sortOrder":170},{"sectionNumber":"412","sectionType":"section","heading":"Definitions—pt 4.2","content":"412 Definitions—pt 4.2\naccess, to data held in a computer, means—\n(a) the display of the data by the computer or any other output of\nthe data from the computer; or\n(b) the copying or moving of the data to another place in the\ncomputer or to a data storage device; or\n(c) for a program—the execution of the program.\ncauses—a person causes unauthorised access to or modification of\ndata, or impairment of electronic communication or of the reliability,\nsecurity or operation of data, if the person’s conduct substantially\ncontributes to the unauthorised access, modification or impairment.\ndata includes—\n(a) information in any form; and\n(b) a program (or part of a program).\ndata held in a computer includes—\n(a) data entered or copied into the computer; and\n(b) data held in a removable storage device in the computer; and\n(c) data held in a data storage device on a computer network of\nwhich the computer forms part.\ndata storage device means anything containing or designed to contain\ndata for use by a computer.\nExamples of data storage devices\n1 a disc\n2 a file server\n\nelectronic communication means a communication of information in\nany form by way of guided or unguided electromagnetic energy.\nimpairment, of electronic communication to or from a computer—\n(a) includes—\n(i) the prevention of the communication; and\n(ii) the impairment of the communication on an electronic link\nor network used by the computer; but\n(b) does not include a mere interception of the communication.\nmodification, of data held in a computer, means—\n(a) the alteration or removal of the data, or\n(b) an addition to the data.\nserious computer offence means—\n(a) an offence against section 415, section 416 or section 417; or\njurisdiction and would be an offence against section 415,\nsection 416 or section 417 if the conduct happened in the ACT.\n","sortOrder":171},{"sectionNumber":"413","sectionType":"section","heading":"Limited meaning of access to data etc","content":"413 Limited meaning of access to data etc\nIn this part, a reference to—\n(a) access to data held in a computer; or\n(b) modification of data held in a computer; or\n(c) impairment of electronic communication to or from a computer;\nis limited to access, modification or impairment caused (directly or\nindirectly) by the execution of a function of a computer.\n\n","sortOrder":172},{"sectionNumber":"414","sectionType":"section","heading":"Meaning of unauthorised access, modification or","content":"414 Meaning of unauthorised access, modification or\nimpairment\n(1) For this part, access to or modification of data, or impairment of\nelectronic communication or of the reliability, security or operation\nof data, by a person is unauthorised if the person is not entitled to\ncause the access, modification or impairment.\n(2) However, the access, modification or impairment is not unauthorised\nonly because the person has an ulterior purpose for causing it.\n","sortOrder":173},{"sectionNumber":"415","sectionType":"section","heading":"Unauthorised access, modification or impairment with","content":"415 Unauthorised access, modification or impairment with\nintent to commit serious offence\n(a) the person causes—\n(i) unauthorised access to data held in a computer; or\n(ii) unauthorised modification of data held in a computer, or\n(iii) unauthorised impairment of electronic communication to\nor from a computer; and\n(b) the person knows the access, modification or impairment is\nunauthorised; and\n(c) the person intends to commit, or enable the commission of, a\nserious offence (by the person or by someone else).\nMaximum penalty: the maximum penalty applicable if the person\nhad committed, or enabled the commission of, the serious offence in\nthe ACT.\nto prove that the defendant knew that the offence was a serious\n\n(3) A person can be found guilty of an offence against this section—\n(a) even if committing the serious offence is impossible; or\n(b) whether the serious offence is to be committed at the time of the\nunauthorised conduct or at a later time.\nserious offence means an offence punishable by imprisonment for\n5 years or longer, and includes an offence in another jurisdiction that\nwould be a serious offence if committed in the ACT.\n","sortOrder":174},{"sectionNumber":"416","sectionType":"section","heading":"Unauthorised modification of data to cause impairment","content":"416 Unauthorised modification of data to cause impairment\n(a) the person causes unauthorised modification of data held in a\ncomputer; and\n(b) the person knows the modification is unauthorised; and\n(c) the person—\n(i) intends by the modification to impair access to, or to impair\nthe reliability, security or operation of, data held in a\ncomputer; or\n(ii) is reckless about any such impairment.\n(2) A person can be found guilty of an offence against this section even\nif there is or will be no actual impairment to access to, or the\nreliability, security or operation of, data held in a computer.\n\n(3) A conviction for an offence against this section is an alternative\n(a) an offence against section 403 (Damaging property); or\n(b) an offence against section 417 (Unauthorised impairment of\nelectronic communication).\n","sortOrder":175},{"sectionNumber":"417","sectionType":"section","heading":"Unauthorised impairment of electronic communication","content":"417 Unauthorised impairment of electronic communication\n(a) the person causes an unauthorised impairment of electronic\ncommunication to or from a computer; and\n(b) the person knows the impairment is unauthorised; and\n(c) the person—\n(i) intends to impair electronic communication to or from the\ncomputer; or\n(ii) is reckless about any such impairment.\n(2) A conviction for an offence against this section is an alternative\n(a) an offence against section 403 (Damaging property); or\n(b) an offence against section 416 (Unauthorised modification of\ndata to cause impairment).\n\n","sortOrder":176},{"sectionNumber":"418","sectionType":"section","heading":"Possession of data with intent to commit serious","content":"418 Possession of data with intent to commit serious\n(1) A person commits an offence if the person has possession or control\nof data with the intention of—\n(a) committing a serious computer offence; or\n(b) enabling the commission of a serious computer offence (whether\nby the person or by someone else).\n(2) For this section:\npossession or control of data includes—\n(a) possession of a computer or data storage device holding or\ncontaining the data; or\n(b) possession of a document in which the data is recorded; or\n(c) control of data held in a computer that is in the possession of\nsomeone else (whether the computer is in or outside the ACT).\n(3) A person can be found guilty of an offence against this section even\nif committing the serious computer offence is impossible.\n\n","sortOrder":177},{"sectionNumber":"419","sectionType":"section","heading":"Producing, supplying or obtaining data with intent to","content":"419 Producing, supplying or obtaining data with intent to\ncommit serious computer offence\n(1) A person commits an offence if the person produces, supplies or\nobtains data with the intention of—\n(a) committing a serious computer offence; or\n(b) enabling the commission of a serious computer offence (whether\nby the person or by someone else).\n(2) For this section:\nproduce, supply or obtain data includes—\n(a) produce, supply or obtain data held or contained in a computer\nor data storage device; or\n(b) produce, supply or obtain a document in which the data is\nrecorded.\n(3) A person can be found guilty of an offence against this section even\nif committing the serious computer offence concerned is impossible.\n","sortOrder":178},{"sectionNumber":"420","sectionType":"section","heading":"Unauthorised access to or modification of restricted data","content":"420 Unauthorised access to or modification of restricted data\nheld in computer\n(a) the person causes unauthorised access to or modification of\nrestricted data held in a computer; and\n(b) the person knows the access or modification is unauthorised;\nand\n(c) the person intends to cause the access or modification.\n\nrestricted data means data held in a computer to which access is\nrestricted by an access control system associated with a function of\nthe computer.\n","sortOrder":179},{"sectionNumber":"421","sectionType":"section","heading":"Unauthorised impairment of data held in computer disc,","content":"421 Unauthorised impairment of data held in computer disc,\ncredit card etc\n(a) the person causes unauthorised impairment of the reliability,\nsecurity or operation of data held in a computer disc, credit card\nor other device used to store data by electronic means; and\n(b) the person knows the impairment is unauthorised; and\n(c) the person intends to cause the impairment.\n\n","sortOrder":180},{"sectionNumber":"422","sectionType":"section","heading":"Definitions—pt 4.3","content":"422 Definitions—pt 4.3\ncauses damage or disruption—a person causes damage or disruption\nif the person’s conduct substantially contributes to the damage or\ndisruption.\ndamage, to a public facility, means—\n(a) damage to the facility or part of the facility; or\n(b) disruption to the use or operation of the facility.\nproperty offence means—\n(a) an offence against part 4.1 (Property damage offences); or\njurisdiction and would be an offence against part 4.1 if the\nconduct happened in the ACT.\npublic facility means any of the following (whether publicly or\nprivately owned):\n(a) a government facility, including premises used by government\nemployees for official duties;\n(b) a public infrastructure facility, including a facility providing\nwater, sewerage, energy, fuel, communication or other services\nto the public;\n(c) a public information system, including a system used to\ngenerate, send, receive, store or otherwise process electronic\ncommunications;\n(d) a public transport facility, including a vehicle used to transport\npeople or goods;\n\nSabotage Part 4.3\n(e) a public place, including any premises, land or water open to the\npublic.\nunauthorised computer function means any of the following (within\nthe meaning of part 4.2 (Computer offences)):\n(a) unauthorised access to data held in a computer;\n(b) unauthorised modification of data held in a computer;\n(c) unauthorised impairment of electronic communication to or\nfrom a computer.\n","sortOrder":181},{"sectionNumber":"423","sectionType":"section","heading":"Sabotage","content":"423 Sabotage\n(a) the person causes damage to a public facility by committing a\nproperty offence or by causing an unauthorised computer\nfunction; and\n(b) the person intends to cause—\n(i) major disruption to government functions; or\n(ii) major disruption to the use of services by the public; or\n(iii) major economic loss.\nMaximum penalty: 2 500 penalty units, imprisonment for 25 years or\n(2) To remove any doubt, a person does not commit an offence against\nthis section only because the person takes part in a protest, strike or\nlockout.\n\n","sortOrder":182},{"sectionNumber":"424","sectionType":"section","heading":"Threaten sabotage","content":"424 Threaten sabotage\n(a) the person intentionally makes to someone else a threat to cause\ndamage to a public facility by committing a property offence or\nby causing an unauthorised computer function; and\n(b) the person intends the other person to fear that the threat will be\ncarried out and will cause—\n(i) major disruption to government functions; or\n(ii) major disruption to the use of services by the public; or\n(iii) major economic loss.\n(2) To remove any doubt, a person does not commit an offence against\nthis section only because the person intends to or threatens to take\npart in a protest, strike or lockout.\n(3) In a prosecution for an offence against this section it is not necessary\n(4) For this section—\n(a) a threat to a person includes a threat to a group of people; and\n(b) fear that a threat will be carried out includes apprehension that\nit will be carried out.\n\nInterpretation for ch 6 Part 6.1\n","sortOrder":183},{"sectionNumber":"600","sectionType":"section","heading":"Definitions—ch 6","content":"600 Definitions—ch 6\ncannabis—\n(a) means a substance consisting of or containing—\n(i) the fresh or dried parts of a cannabis plant; or\n(ii) tetrahydrocannabinol; but\n(b) does not include—\n(i) goods that consist completely or mainly of cannabis fibre;\nor\n(ii) cannabis food products.\ncannabis plant means a plant of the genus Cannabis.\ncommercial quantity—see section 601.\nconceal a thing includes conceal or disguise—\n(a) the nature, source or location of the thing; or\n(b) any movement of the thing; or\n(c) someone’s rights in relation to the thing; or\n(d) the identity of any owner of the thing.\ncontrolled drug means a substance prescribed by regulation as a\ncontrolled drug, but does not include a growing plant.\ncontrolled plant means a growing plant prescribed by regulation as a\ncontrolled plant, and includes a seedling of the plant.\n\ncontrolled precursor means a substance prescribed by regulation as\na controlled precursor.\ncultivates a plant—see section 615.\ncultivation, of a plant—see section 615.\nlarge commercial quantity—see section 601.\nmanufacture—see section 606.\nmanufactures—see section 606.\npossession, of a thing, includes the following:\n(a) receiving or obtaining possession of the thing;\n(b) having control over the disposition of the thing (whether or not\nhaving custody of the thing);\n(c) having joint possession of the thing.\nprepare a drug for supply includes pack the drug or separate the drug\ninto discrete units.\nsell includes—\n(a) barter or exchange; and\n(b) give to someone in the belief that the person will provide\nproperty or services in return at a later time, whether by\nagreement or otherwise; and\n(c) agree to sell.\nsupply includes—\n(a) supply by way of sale or otherwise; and\n(b) agree to supply.\ntrafficable quantity—see section 601.\ntraffics in a controlled drug—see section 602.\n\nInterpretation for ch 6 Part 6.1\ntransport includes deliver.\ncannabis food product—see the Drugs of Dependence Act 1989,\nsection 6.\n","sortOrder":184},{"sectionNumber":"601","sectionType":"section","heading":"Meaning of trafficable quantity, commercial quantity and","content":"601 Meaning of trafficable quantity, commercial quantity and\nlarge commercial quantity\ncommercial quantity means—\nthe quantity prescribed by regulation as a commercial quantity\nof the drug; and\nthe quantity prescribed by regulation as a commercial quantity\nof the plant; and\n(c) for a controlled precursor—a quantity of the precursor that is not\nless than the quantity prescribed by regulation as a commercial\nquantity of the precursor.\nlarge commercial quantity means—\nthe quantity prescribed by regulation as a large commercial\nquantity of the drug; and\nthe quantity prescribed by regulation as a large commercial\nquantity of the plant; and\n(c) for a controlled precursor—a quantity of the precursor that is not\nless than the quantity prescribed by regulation as a large\ncommercial quantity of the precursor.\n\ntrafficable quantity means—\nthe quantity prescribed by regulation as a trafficable quantity of\nthe drug; and\nthe quantity prescribed by regulation as a trafficable quantity of\nthe plant.\n(2) For this chapter, a trafficable, commercial or large commercial\nquantity of a controlled drug in a mixture of substances is, subject to\nthe regulations—\n(a) if the prosecution elects to establish the quantity of the drug in\nthe mixture—the relevant quantity of the drug worked out by\nreference to the quantity (if any) prescribed by regulation for the\npure form of the drug; and\n(b) if the prosecution elects to establish the quantity of the mixture\ninstead of the quantity of the drug in the mixture—the relevant\nquantity of the mixture worked out by reference to the quantity\n(if any) prescribed by regulation for a mixture containing the\ndrug.\n\nTrafficking in controlled drugs Part 6.2\n","sortOrder":185},{"sectionNumber":"602","sectionType":"section","heading":"Meaning of trafficking","content":"602 Meaning of trafficking\nFor this chapter, a person traffics in a controlled drug if the person—\n(a) sells the drug; or\n(b) prepares the drug for supply—\n(i) with the intention of selling any of it; or\n(ii) believing that someone else intends to sell any of it; or\n(c) transports the drug—\n(i) with the intention of selling any of it; or\n(ii) believing that someone else intends to sell any of it; or\n(d) guards or conceals the drug with the intention of—\n(i) selling any of it; or\n(ii) helping someone else to sell any of it; or\n(e) possesses the drug with the intention of selling any of it.\n","sortOrder":186},{"sectionNumber":"603","sectionType":"section","heading":"Trafficking in controlled drug","content":"603 Trafficking in controlled drug\n(1) A person commits an offence if the person traffics in a large\ncommercial quantity of a controlled drug.\ntrafficked in was a large commercial quantity.\n(3) A person commits an offence if the person traffics in a commercial\nquantity of a controlled drug.\n\ntrafficked in was a commercial quantity.\n(5) A person commits an offence if the person traffics in a trafficable\nquantity of cannabis.\ntrafficked in was a trafficable quantity.\n(7) A person commits an offence if the person traffics in a controlled drug\nother than cannabis.\n(8) A person commits an offence if the person traffics in cannabis.\nNote For an alternative verdict provision applying to an offence against this\nsection, see s 636A.\n","sortOrder":187},{"sectionNumber":"604","sectionType":"section","heading":"Trafficking offence—presumption if trafficable quantity","content":"604 Trafficking offence—presumption if trafficable quantity\npossessed etc\n(1) If, in a prosecution for an offence against section 603, it is proved that\nthe defendant—\n(a) prepared a trafficable quantity of a controlled drug for supply;\nor\n(b) transported a trafficable quantity of a controlled drug; or\n(c) guarded or concealed a trafficable quantity of a controlled drug;\nor\n\nTrafficking in controlled drugs Part 6.2\n(d) possessed a trafficable quantity of a controlled drug;\nit is presumed, unless the contrary is proved, that the defendant had\nthe intention or belief about the sale of the drug required for the\nNote A defendant has a legal burden of proving that the defendant did not have\nthe intention or belief mentioned in this subsection (see s 59 (c)).\n(2) This section does not apply to a single charge under section 629\n(Single offence for trafficking etc on different occasions) if the\nconduct on each occasion to which the charge relates did not involve\na trafficable quantity of the controlled drug.\n","sortOrder":188},{"sectionNumber":"605","sectionType":"section","heading":"Complicity, incitement and conspiracy offences do not","content":"605 Complicity, incitement and conspiracy offences do not\napply to buyers of drugs\nA person does not commit any of the following offences only because\nthe person bought or intended to buy a controlled drug from someone\nelse:\n(a) an offence under section 45 (Complicity and common purpose);\n(b) an offence against section 47 (Incitement);\n(c) an offence against section 48 (Conspiracy).\nNote For additional offences relating to possessing controlled drugs, see the\nDrugs of Dependence Act 1989, pt 10 and the Medicines, Poisons and\nTherapeutic Goods Act 2008, s 36.\n\n","sortOrder":189},{"sectionNumber":"Part 6","sectionType":"part","heading":"3 Manufacturing controlled drugs","content":"Part 6.3 Manufacturing controlled drugs\nand precursors\n","sortOrder":190},{"sectionNumber":"606","sectionType":"section","heading":"Meaning of manufacture","content":"606 Meaning of manufacture\nmanufacture—the manufacture of a substance is any process by\nwhich the substance is produced (other than the cultivation of a plant),\nand includes the process of—\n(a) extracting or refining it; or\n(b) transforming it into a different substance.\nmanufactures—a person manufactures a substance if the person—\n(a) engages in its manufacture; or\n(b) exercises control or direction over its manufacture; or\n(c) provides or arranges finance for its manufacture.\n","sortOrder":191},{"sectionNumber":"607","sectionType":"section","heading":"Manufacturing controlled drug for selling","content":"607 Manufacturing controlled drug for selling\n(1) A person commits an offence if the person manufactures a large\ncommercial quantity of a controlled drug—\n(3) A person commits an offence if the person manufactures a\ncommercial quantity of a controlled drug—\n\n(5) A person commits an offence if the person manufactures a controlled\ndrug—\n","sortOrder":192},{"sectionNumber":"608","sectionType":"section","heading":"Manufacturing offence—presumption if trafficable","content":"608 Manufacturing offence—presumption if trafficable\nquantity manufactured\nIf, in a prosecution for an offence against section 607 (Manufacturing\ncontrolled drug for selling), it is proved that the defendant\nmanufactured a trafficable quantity of a controlled drug, it is\npresumed, unless the contrary is proved, that the defendant had the\nintention or belief about the sale of the drug required for the offence.\n","sortOrder":193},{"sectionNumber":"609","sectionType":"section","heading":"Manufacturing controlled drug","content":"609 Manufacturing controlled drug\nA person commits an offence if the person manufactures a controlled\ndrug.\n\n","sortOrder":194},{"sectionNumber":"610","sectionType":"section","heading":"Selling controlled precursor for manufacture of","content":"610 Selling controlled precursor for manufacture of\n(1) A person commits an offence if the person sells a large commercial\nquantity of a controlled precursor believing that the person to whom\nit is sold, or someone else, intends to use any of it to manufacture a\n(2) Absolute liability applies to the circumstance that the quantity sold\nwas a large commercial quantity.\n(3) A person commits an offence if the person sells a commercial\nquantity of a controlled precursor believing that the person to whom\nit is sold, or someone else, intends to use any of it to manufacture a\n(4) Absolute liability applies to the circumstance that the quantity sold\nwas a commercial quantity.\n(5) A person commits an offence if the person sells a controlled precursor\nbelieving that the person to whom it is sold, or someone else, intends\nto use any of it to manufacture a controlled drug.\n","sortOrder":195},{"sectionNumber":"611","sectionType":"section","heading":"Manufacturing controlled precursor for manufacture of","content":"611 Manufacturing controlled precursor for manufacture of\n(1) A person commits an offence if the person manufactures a large\n\n(3) A person commits an offence if the person manufactures a large\n(5) A person commits an offence if the person manufactures a\n\n(7) A person commits an offence if the person manufactures a\n(8) Absolute liability applies to the circumstance that the quantity\n(9) A person commits an offence if the person manufactures a controlled\n(10) A person commits an offence if the person manufactures a controlled\nMaximum penalty: 700 penalty units imprisonment for 7 years or\n\n","sortOrder":196},{"sectionNumber":"612","sectionType":"section","heading":"Possessing controlled precursor","content":"612 Possessing controlled precursor\n(1) A person commits an offence if the person possesses a large\npossessed was a large commercial quantity.\n(3) A person commits an offence if the person possesses a commercial\nquantity of a controlled precursor—\npossessed was a commercial quantity.\n(5) A person commits an offence if the person possesses a controlled\n\n","sortOrder":197},{"sectionNumber":"612A","sectionType":"section","heading":"Possessing offence—presumption if controlled precursor","content":"612A Possessing offence—presumption if controlled precursor\npossessed to manufacture controlled drug\nsection 612 (5) (Possessing controlled precursor), it is proved that the\ndefendant possessed a controlled precursor with the intention of using\nany of it to manufacture a controlled drug.\n(2) It is presumed, unless the contrary is proved, that the defendant had\nthe intention or belief about the sale of the drug required for the\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (2) (see s 59).\n","sortOrder":198},{"sectionNumber":"613","sectionType":"section","heading":"Supplying substance, equipment or instructions for","content":"613 Supplying substance, equipment or instructions for\nmanufacturing controlled drug\n(1) A person commits an offence if the person supplies to someone else\nany substance, any equipment, or any document containing\ninstructions, for manufacturing a controlled drug—\n(a) believing that the other person intends to use it to manufacture a\ncontrolled drug; and\nany of the manufactured drug.\n\n(2) A person commits an offence if the person possesses any substance,\nany equipment, or any document containing instructions, for\nmanufacturing a controlled drug—\n(a) with the intention of supplying it to someone else; and\ncontrolled drug; and\n(c) with the intention of selling any of the manufactured drug or\nany of the manufactured drug.\n","sortOrder":199},{"sectionNumber":"614","sectionType":"section","heading":"Possessing substance, equipment or instructions for","content":"614 Possessing substance, equipment or instructions for\nmanufacturing controlled drug\nA person commits an offence if the person possesses any substance,\nany equipment, or any document containing instructions, for\nmanufacturing a controlled drug—\n(a) with the intention of using it to manufacture a controlled drug;\nand\nNote For additional offences relating to possessing controlled drugs, see the\nDrugs of Dependence Act 1989, pt 10 and the Medicines, Poisons and\nTherapeutic Goods Act 2008, s 36.\n\n","sortOrder":200},{"sectionNumber":"614A","sectionType":"section","heading":"Possessing tablet press","content":"614A Possessing tablet press\n(a) the person possesses a thing; and\n(b) the thing is a tablet press; and\n(c) the person is reckless about whether the thing is a tablet press.\n(2) Subsection (1) does not apply to a person if the person has a\nreasonable excuse for possessing the tablet press.\nExamples—reasonable excuse\n1 to manufacture a regulated substance in accordance with authorisation under\nthe Medicines, Poisons and Therapeutic Goods Act 2008\n2 to supply a regulated therapeutic good in accordance with authorisation under\nthe Medicines, Poisons and Therapeutic Goods Act 2008\n3 to give the tablet press to a person authorised under the Medicines, Poisons\nand Therapeutic Goods Act 2008 to manufacture a regulated substance or to\nsupply a regulated therapeutic good\nmentioned in s (2) (see s 58).\ntablet press means an instrument or machine that may be used to\nmanufacture a controlled drug in tablet form.\n\n","sortOrder":201},{"sectionNumber":"615","sectionType":"section","heading":"Meaning of cultivate","content":"615 Meaning of cultivate\ncultivates—a person cultivates a plant if the person—\n(a) engages in its cultivation; or\n(b) exercises control or direction over its cultivation; or\n(c) provides or arranges finance for its cultivation.\ncultivation, of a plant, includes—\n(a) planting a seed, seedling or cutting of the plant or transplanting\nthe plant; or\n(b) nurturing, tending or growing the plant; or\n(c) guarding or concealing the plant (including against interference\nor discovery by humans or natural predators); or\n(d) harvesting the plant (including picking any part of the plant or\nseparating any resin or other substance from the plant).\nproduct, of a plant, includes—\n(a) a seed of the plant; and\n(b) a part of the plant (whether live or dead); and\n(c) a substance separated from the plant.\n","sortOrder":202},{"sectionNumber":"616","sectionType":"section","heading":"Cultivating controlled plant for selling","content":"616 Cultivating controlled plant for selling\n(1) A person commits an offence if the person cultivates a large\ncommercial quantity of a controlled plant—\nor\n\ncultivated was a large commercial quantity.\n(3) A person commits an offence if the person cultivates a commercial\nquantity of a controlled plant—\nor\ncultivated was a commercial quantity.\n(5) A person commits an offence if the person cultivates a trafficable\nquantity of cannabis plants—\nor\ncultivated was a trafficable quantity.\n(7) A person commits an offence if the person cultivates a controlled\nplant (other than a cannabis plant)—\n(a) with the intention of selling it or any of its products; or\n\n(b) believing that someone else intends to sell it or any of its\nproducts.\n(8) A person commits an offence if the person cultivates a cannabis\nplant—\n(a) with the intention of selling it or any of its products; or\n(b) believing that someone else intends to sell it or any of its\nproducts.\n","sortOrder":203},{"sectionNumber":"617","sectionType":"section","heading":"Cultivating offence—presumption if trafficable quantity","content":"617 Cultivating offence—presumption if trafficable quantity\ncultivated\nIf, in a prosecution for an offence against section 616 (Cultivating\ncontrolled plant for selling), it is proved that the defendant cultivated\na trafficable quantity of a controlled plant, it is presumed, unless the\ncontrary is proved, that the defendant had the intention or belief about\nthe sale of the plant or its products required for the offence.\n","sortOrder":204},{"sectionNumber":"618","sectionType":"section","heading":"Cultivating controlled plant","content":"618 Cultivating controlled plant\n(1) A person commits an offence if the person cultivates a controlled\nplant other than a cannabis plant.\n(a) cultivates (artificially or otherwise) 3 or more cannabis plants;\nor\n\n(b) artificially cultivates 1 or 2 cannabis plants.\nNote Non-artificial cultivation of 1 or 2 cannabis plants is a summary offence\nunder the Drugs of Dependence Act 1989, s 162.\nartificially cultivate means—\n(a) hydroponically cultivate; or\n(b) cultivate with the application of an artificial source of light or\nheat.\n","sortOrder":205},{"sectionNumber":"619","sectionType":"section","heading":"Selling controlled plant","content":"619 Selling controlled plant\n(1) A person commits an offence if the person sells a large commercial\nquantity of a controlled plant.\n(2) Absolute liability applies to the circumstance that the quantity sold\nwas a large commercial quantity.\n(3) A person commits an offence if the person sells a commercial\nquantity of a controlled plant.\n(4) Absolute liability applies to the circumstance that the quantity sold\nwas a commercial quantity.\n(5) A person commits an offence if the person sells a trafficable quantity\nof cannabis plants.\n\n(6) Absolute liability applies to the circumstance that the quantity sold\nwas a trafficable quantity.\n(7) A person commits an offence if the person sells a controlled plant\nother than a cannabis plant.\n(8) A person commits an offence if the person sells a cannabis plant.\n","sortOrder":206},{"sectionNumber":"620","sectionType":"section","heading":"Supplying plant material, equipment or instructions for","content":"620 Supplying plant material, equipment or instructions for\ncultivating controlled plant\n(1) A person commits an offence if the person supplies to someone else\nany controlled plant, any product of a controlled plant, any\nequipment, or any document containing instructions, for cultivating a\ncontrolled plant—\n(a) believing that the other person intends to use it to cultivate a\ncontrolled plant; and\n(b) with the intention of selling any of the cultivated plant or\nany of the cultivated plant.\n(2) A person commits an offence if the person possesses any controlled\nplant, any product of a controlled plant, any equipment, or any\ndocument containing instructions, for cultivating a controlled plant—\n(a) with the intention of supplying it to someone else; and\n(b) believing that the other person intends to use it to cultivate a\ncontrolled plant; and\n\n(c) with the intention of selling any of the cultivated plant or\nany of the cultivated plant.\n","sortOrder":207},{"sectionNumber":"621","sectionType":"section","heading":"Possessing plant material, equipment or instructions for","content":"621 Possessing plant material, equipment or instructions for\ncultivating controlled plant\nA person commits an offence if the person possesses any controlled\nplant, any product of a controlled plant, any equipment, or any\ndocument containing instructions, for cultivating a controlled plant—\n(a) with the intention of using it to cultivate controlled plants; and\n(b) with the intention of selling any of the cultivated plants or their\nproducts or believing that someone else intends to sell any of the\ncultivated plants or their products.\n\nDisplay of drug pipes Part 6.4A\nPart 6.4A Display of drug pipes\n","sortOrder":208},{"sectionNumber":"621A","sectionType":"section","heading":"Display of drug pipes","content":"621A Display of drug pipes\n(1) An occupier of a retail or wholesale outlet commits an offence if the\noccupier displays to customers at the outlet a drug pipe within, or\nadjacent to, the outlet.\nMaximum penalty: 50 penalty units.\ndrug pipe—\n(a) means—\n(i) a device, or components that together make a device, for\nthe purpose or apparent purpose of smoking, or drawing or\ninhaling smoke or fumes from, a controlled drug; or\n(ii) a device that is intended to be used for the purpose or\napparent purpose of smoking, or drawing or inhaling\nsmoke or fumes from, a controlled drug, but that requires\nan adjustment or modification to be used for that purpose;\nand\n(b) includes a device commonly known as—\n(i) a hash pipe; or\n(ii) an ice pipe; or\n(iii) a bong.\noccupier, of retail or wholesale outlet, means a person having the\nmanagement or control, or otherwise being in charge, of the outlet.\nretail outlet means premises where goods are for sale by retail.\nwholesale outlet means premises where goods are available for sale\nexclusively by wholesale.\n\n","sortOrder":209},{"sectionNumber":"622","sectionType":"section","heading":"Supplying controlled drug to child for selling","content":"622 Supplying controlled drug to child for selling\n(i) supplies a commercial quantity of a controlled drug to a\nchild; or\n(ii) possesses a commercial quantity of a controlled drug with\nthe intention of supplying any of the drug to a child; and\n(b) the person does so believing that the child intends to sell any of\nthe drug.\n(2) Absolute liability applies to—\n(a) the circumstance that the quantity supplied or possessed was a\ncommercial quantity; and\n(b) the circumstance that the person to whom the controlled drug\nwas supplied or intended to be supplied was a child.\n(i) supplies a controlled drug to a child; or\n(ii) possesses a controlled drug with the intention of supplying\nany of the drug to a child; and\n(b) the person does so believing that the child intends to sell any of\nthe drug.\n\nDrug offences involving children Part 6.5\n(4) Absolute liability applies to the circumstance that the person to whom\nthe controlled drug was supplied or intended to be supplied was a\n(5) It is a defence to a prosecution for an offence against this section if\n(a) considered whether or not the person to whom the controlled\ndrug was supplied or intended to be supplied was a child; and\n","sortOrder":210},{"sectionNumber":"623","sectionType":"section","heading":"Supplying offence—presumption if trafficable quantity","content":"623 Supplying offence—presumption if trafficable quantity\nsupplied etc\n(1) If, in a prosecution for an offence against section 622 (Supplying\ncontrolled drug to child for selling), it is proved that the defendant—\n(a) supplied a trafficable quantity of a controlled drug to a child; or\n(b) possessed a trafficable quantity of a controlled drug with the\nintention of supplying any of it to a child;\nit is presumed, unless the contrary is proved, that the defendant had\nthe belief about the sale of the drug by the child required for the\n(2) This section does not apply to a single charge under section 629\n(Single offence for trafficking etc on different occasions) if the\nconduct on each occasion to which the charge relates did not involve\na trafficable quantity of the controlled drug.\n\n","sortOrder":211},{"sectionNumber":"624","sectionType":"section","heading":"Procuring child to traffic in controlled drug","content":"624 Procuring child to traffic in controlled drug\n(1) A person commits an offence if the person procures a child to traffic\nin a commercial quantity of a controlled drug.\n(2) Absolute liability applies to—\n(a) the circumstance that the person procured was a child; and\n(b) the circumstance that the quantity the child was procured to\ntraffic in was a commercial quantity.\n(3) Subsection (1) applies whether the child was procured to traffic in a\ncommercial quantity of a controlled drug on a single occasion or over\na period.\n(4) A person commits an offence if the person procures a child to traffic\nin a controlled drug.\n(5) Absolute liability applies to the circumstance that the person procured\nwas a child.\n(6) It is a defence to a prosecution for an offence against this section if\n(a) considered whether or not the person procured was a child; and\nprocures a child to traffic in a controlled drug—a person procures a\nchild to traffic in a controlled drug if—\n(a) the person procures the child to sell the drug; or\n\nDrug offences involving children Part 6.5\n(b) the person, with the intention of selling any of the drug or\nbelieving that someone else intends to sell any of the drug,\nprocures the child to prepare the drug for supply or to transport\nthe drug; or\n(c) the person, with the intention of selling any of the drug or\nassisting someone else to sell any of the drug, procures the child\nto guard or conceal the drug.\n","sortOrder":212},{"sectionNumber":"625","sectionType":"section","heading":"Supplying controlled drug to child","content":"625 Supplying controlled drug to child\n(a) supplies a controlled drug other than cannabis to a child; or\n(b) possesses a controlled drug other than cannabis with the\nintention of supplying it to a child.\nMaximum penalty: 2 000 penalty units, imprisonment for 20 years\n(a) supplies a trafficable quantity of cannabis to a child; or\n(b) possesses a trafficable quantity of cannabis with the intention of\nsupplying it to a child.\n(3) Absolute liability applies to the circumstance that the quantity\nsupplied or possessed was a trafficable quantity.\n(4) A person commits an offence if the person—\n(a) supplies cannabis to a child; or\n(b) possesses cannabis with the intention of supplying it to a child.\n\n(5) For this section, absolute liability applies to the circumstance that the\nperson to whom the drug was supplied, or intended to be supplied,\nwas a child.\n(6) It is a defence to a prosecution for an offence against this section if\n(a) considered whether or not the person to whom the controlled\ndrug was supplied or intended to be supplied was a child; and\n","sortOrder":213},{"sectionNumber":"626","sectionType":"section","heading":"Children not criminally responsible for offences against","content":"626 Children not criminally responsible for offences against\npt 6.5\nA child is not criminally responsible for an offence against this part.\n\nPart 6.6 General provisions for drug\noffences\n","sortOrder":214},{"sectionNumber":"627","sectionType":"section","heading":"Application—pt 6.6","content":"627 Application—pt 6.6\nThis part applies to offences against this chapter other than part 6.7\n(Offences relating to property derived from drug offences).\n","sortOrder":215},{"sectionNumber":"628","sectionType":"section","heading":"Carrying on business of trafficking","content":"628 Carrying on business of trafficking\n(1) This section applies to an offence against—\n(a) section 603 (1) (which is about trafficking in a large commercial\nquantity of a controlled drug); or\n(b) section 603 (3) (which is about trafficking in a commercial\nquantity of a controlled drug); or\n(c) section 603 (5) (which is about trafficking in a trafficable\nquantity of cannabis); or\n(d) section 622 (1) (which is about supplying a commercial quantity\nof a controlled drug to a child for selling).\n(2) For the application of this section to an offence against\nsection 622 (1), a reference to trafficking in drugs is a reference to\nsupplying drugs.\n(3) In a prosecution for an offence, the prosecution may establish that the\ndefendant trafficked in the quantity of a controlled drug required for\nthe offence (the required quantity), without proof of trafficking in the\nrequired quantity on a particular occasion, by establishing that—\n(a) the person carried on a business of trafficking in controlled\ndrugs; and\n(b) the required quantity of the controlled drug (or a combination of\ncontrolled drugs) was trafficked over repeated transactions in\nthe course of the business.\n\n(4) For a person’s conduct to be the carrying on of a business, the trier of\nfact must be satisfied that the conduct establishes that the person was\nengaged in an organised commercial activity involving repeated\ntransactions.\n(5) In a prosecution in which this section is relied on—\n(a) it is not necessary for the prosecution to state or prove the exact\ndate of each transaction or the exact quantity trafficked in each\ntransaction; and\n(b) the prosecution may not rely on a transaction if the defendant\nhas already been tried and found guilty or acquitted of an offence\nagainst this chapter in relation to the transaction; and\n(c) section 604 (Trafficking offence—presumption if trafficable\nquantity possessed etc) and section 623 (Supplying offence—\npresumption if trafficable quantity supplied etc) do not apply.\n(6) If the prosecution intends to rely on this section—\n(a) that fact must be stated in the charge; and\n(b) a description of the conduct that establishes, under this section,\nthat the defendant trafficked in the required quantity of a\ncontrolled drug must be stated in the charge or given to the\ndefendant within a reasonable time before the trial.\n(7) If a person has been tried and found guilty or acquitted of an offence\nin a prosecution in which this section was relied on, the person may\nnot be charged with another offence against this chapter that is\nclaimed to have been committed in connection with any of the\ntransactions on which the prosecution relied in that prosecution.\n(8) Except as mentioned in subsection (5) (b) or (7), this section does not\nprevent a person being charged with separate offences in relation to\nconduct on different occasions.\n\n","sortOrder":216},{"sectionNumber":"629","sectionType":"section","heading":"Single offence for trafficking etc on different occasions","content":"629 Single offence for trafficking etc on different occasions\n(1) This section applies to an offence against this chapter that involves—\n(a) trafficking in controlled drugs on different occasions; or\n(b) supplying controlled drugs to a child on different occasions;\nwhether they are the same or different kinds of drugs.\n(2) A person may be charged with a single offence in relation to\ntrafficking in or supplying controlled drugs on different occasions if\neach occasion was not longer than 7 days apart from another of the\noccasions.\n(3) For the single offence, the quantity of controlled drugs trafficked or\nsupplied is the total of the quantities of the controlled drugs trafficked\nor supplied on the occasions stated in the charge.\n(4) However, the same parcel of controlled drugs cannot be counted more\nthan once.\nExample\nA person possesses a parcel of a controlled drug for sale (the 1st occasion) and later\nsells the parcel to someone else (the 2nd occasion) who in turn sells it to another\nperson (the 3rd occasion). The same parcel of controlled drugs has been trafficked\non 3 occasions but the quantity of drugs in the parcel can only be counted once\nunder this section.\n(5) If the prosecution intends to rely on this section, particulars of each\noccasion must be stated in the charge.\n(6) This section does not prevent a person being charged with separate\noffences in relation to conduct on different occasions.\n","sortOrder":217},{"sectionNumber":"630","sectionType":"section","heading":"Single offence for different parcels trafficked etc on the","content":"630 Single offence for different parcels trafficked etc on the\nsame occasion\n(1) This section applies to an offence against this chapter that involves—\n(a) trafficking in different parcels of controlled drugs on the same\n\n(b) manufacturing different parcels of controlled drugs on the same\n(c) selling different parcels of controlled precursors on the same\n(d) manufacturing different parcels of controlled precursors on the\nsame occasion; or\n(e) possessing different parcels of controlled precursors on the same\n(f) cultivating different parcels of controlled plants on the same\n(g) selling different parcels of controlled plants on the same\n(h) supplying different parcels of controlled drugs to a child on the\nsame occasion;\nwhether they are the same or different kinds of drug, precursor or\nplant.\n(2) A person may be charged with a single offence in relation to 2 or more\nof the different parcels of controlled drugs, precursors or plants.\n(3) For the single offence, the quantity of controlled drugs, precursors or\nplants trafficked in, manufactured, sold, possessed, cultivated or\nsupplied is the total of the quantities of the controlled drugs,\nprecursors or plants in the different parcels.\n(4) However, if there are different kinds of controlled drugs, precursors\nor plants in the parcels, this section is subject to section 631.\n(5) If the prosecution intends to rely on this section, particulars of each\nparcel of controlled drugs, precursors or plants must be stated in the\ncharge.\n\n(6) This section does not prevent a person being charged with separate\noffences in relation to different parcels of controlled drugs, precursors\nor plants.\n","sortOrder":218},{"sectionNumber":"631","sectionType":"section","heading":"Single offence—working out quantities if different kinds","content":"631 Single offence—working out quantities if different kinds\nof controlled drug etc involved\n(1) This section applies if a person is charged with a single offence\nagainst this chapter that involves—\n(a) trafficking in 2 or more kinds of controlled drug; or\n(b) manufacturing 2 or more kinds of controlled drug; or\n(c) selling 2 or more kinds of controlled precursor; or\n(d) manufacturing 2 or more kinds of controlled precursor; or\n(e) possessing 2 or more kinds of controlled precursor; or\n(f) cultivating 2 or more kinds of controlled plant; or\n(g) selling 2 or more kinds of controlled plant; or\n(h) supplying 2 or more kinds of controlled drug to a child.\n(2) In a prosecution for the single offence—\n(a) the quantity of drugs or plants is a trafficable quantity if the total\nof the required fractions of the trafficable quantity of each of the\ndrugs or plants is 1 or more; or\n(b) the quantity of drugs, precursors or plants is a commercial\nquantity if the total of the required fractions of the commercial\nquantity of each of the drugs, precursors or plants is 1 or more;\nor\n(c) the quantity of drugs, precursors or plants is a large commercial\nquantity if the total of the required fractions of the large\ncommercial quantity of each of the drugs, precursors or plants is\n1 or more.\n\n(3) In this section, the required fraction of—\n(a) a trafficable quantity of a drug or plant is the actual quantity of\nthe drug or plant divided by the smallest trafficable quantity of\nthe drug or plant; and\n(b) a commercial quantity of a controlled drug, precursor or plant is\nthe actual quantity of the drug, precursor or plant divided by the\nsmallest commercial quantity of the drug, precursor or plant; and\n(c) a large commercial quantity of a controlled drug, precursor or\nplant is the actual quantity of the drug, precursor or plant divided\nby the smallest large commercial quantity of the drug, precursor\nor plant.\n(4) For a trafficable, commercial or large commercial quantity of a\ncontrolled drug—\n(a) the required fraction must be worked out on the basis of\nquantities of the drug in pure form; and\n(b) the required fraction is zero if—\n(i) a regulation does not prescribe a trafficable, commercial or\nlarge commercial quantity of the controlled drug; or\n(ii) a regulation prescribes a trafficable, commercial or large\ncommercial quantity for a mixture of substances containing\nthe controlled drug but not for the drug in pure form; or\n(iii) a regulation prescribes different forms of the controlled\ndrug by reference to the percentage of a particular\nsubstance in the drug.\n\n","sortOrder":219},{"sectionNumber":"632","sectionType":"section","heading":"Knowledge or recklessness about identity of controlled","content":"632 Knowledge or recklessness about identity of controlled\ndrugs, plants and precursors\nIn a prosecution for an offence against this chapter that involves\nconduct relating to a controlled drug, plant or precursor, the\nprosecution—\n(a) must establish that the defendant knew or was reckless about\nwhether the substance or plant was a controlled drug, plant or\nprecursor; but\n(b) need not establish that the defendant knew or was reckless about\nthe identity of the controlled drug, plant or precursor.\n","sortOrder":220},{"sectionNumber":"633","sectionType":"section","heading":"Alternative verdicts—mistaken belief about identity of","content":"633 Alternative verdicts—mistaken belief about identity of\ncontrolled drug, precursor or plant\nchapter that involves conduct relating to a trafficable, commercial or\nlarge commercial quantity of a controlled drug, precursor or plant, the\ntrier of fact is satisfied that—\n(a) at the time of the conduct, the defendant had considered, and\nwas under a mistaken belief about, the identity of the controlled\ndrug, precursor or plant; and\n(b) if the mistaken belief had been correct, the defendant would\nhave committed an offence against this chapter, the Drugs of\nTherapeutic Goods Act 2008, chapter 4 for which the maximum\npenalty is the same as or less than the maximum penalty for the\noffence charged (the alternative offence).\ncharged but guilty of the alternative offence, but only if the defendant\nhas been given procedural fairness in relation to that finding of guilt.\n\n(3) A defendant who claims to have considered, and been under a\nmistaken belief about, the identity of a drug, precursor or plant must\nprove that he or she was under that mistaken belief.\n","sortOrder":221},{"sectionNumber":"634","sectionType":"section","heading":"Alternative verdicts—mistaken belief about quantity of","content":"634 Alternative verdicts—mistaken belief about quantity of\ncontrolled drug, precursor or plant\nchapter that involves trafficking, manufacturing or cultivating a\ntrafficable, commercial or large commercial quantity of a controlled\ndrug, precursor or plant, the trier of fact is satisfied that—\n(a) at the time of the conduct, the defendant had considered, and\nwas under a mistaken belief about, the quantity of the controlled\ndrug, precursor or plant trafficked, manufactured or cultivated;\nand\n(b) if the mistaken belief had been correct, the defendant would\nhave committed an offence against this chapter, the Drugs of\nTherapeutic Goods Act 2008, chapter 4 for which the maximum\npenalty is the same as or less than the maximum penalty for the\noffence charged (the alternative offence).\ncharged but guilty of the alternative offence, but only if the defendant\nhas been given procedural fairness in relation to that finding of guilt.\n(3) A defendant who claims to have considered, and been under a\nmistaken belief about, the quantity of a drug or plant must prove that\nhe or she was under that mistaken belief.\n\n","sortOrder":222},{"sectionNumber":"635","sectionType":"section","heading":"Alternative verdicts—different quantities","content":"635 Alternative verdicts—different quantities\nchapter that involves conduct relating to a trafficable, commercial or\nlarge commercial quantity of a controlled drug, precursor or plant, the\ntrier of fact—\n(a) is not satisfied that the defendant committed the offence\ncharged; but\n(b) is satisfied beyond reasonable doubt that the defendant\ncommitted an offence against this chapter, the Drugs of\nTherapeutic Goods Act 2008, chapter 4 involving a lesser\nquantity of a controlled drug, precursor or plant than the quantity\nrequired to establish the offence charged (a lesser offence).\ncharged but guilty of the lesser offence, but only if the defendant has\nbeen given procedural fairness in relation to that finding of guilt.\n","sortOrder":223},{"sectionNumber":"636","sectionType":"section","heading":"Alternative verdicts—trafficking and obtaining property","content":"636 Alternative verdicts—trafficking and obtaining property\nby deception\nsection 603 (Trafficking in controlled drug)—\n(a) the trier of fact is satisfied beyond reasonable doubt that the\ndefendant committed the offence charged or an offence against\nsection 326 (Obtaining property by deception) but cannot decide\nwhich of the offences the defendant committed; or\n(b) the trier of fact is not satisfied beyond reasonable doubt that the\ndefendant committed the offence charged but is satisfied beyond\nreasonable doubt that the defendant committed an offence\nagainst section 326.\n\n(2) The trier of fact must find the defendant guilty of the offence against\nsection 326, but only if the defendant has been given procedural\n","sortOrder":224},{"sectionNumber":"636A","sectionType":"section","heading":"Alternative verdicts—trafficking in or possessing","content":"636A Alternative verdicts—trafficking in or possessing\nsection 603 (Trafficking in controlled drug), the trier of fact—\n(a) is not satisfied beyond reasonable doubt that the defendant\ncommitted the offence; but\n(b) is satisfied beyond reasonable doubt that the defendant\ncommitted an alternative offence.\n(2) The trier of fact may find the defendant guilty of the alternative\noffence, but only if the defendant has been given procedural fairness\nin relation to that finding of guilt.\nalternative offence means an offence against—\n(a) the Drugs of Dependence Act 1989, section 169 (Possessing\ndrugs of dependence); or\n(b) that Act, section 171 (Possessing prohibited substances); or\n(c) that Act, section 171AA; or\n(d) the Medicines, Poisons and Therapeutic Goods Act 2008,\nsection 36 (Possessing certain declared substances).\n\nOffences relating to property derived from drug offences Part 6.7\nPart 6.7 Offences relating to property\nderived from drug offences\n","sortOrder":225},{"sectionNumber":"637","sectionType":"section","heading":"Meaning of drug offence","content":"637 Meaning of drug offence\ndrug offence means—\n(a) an offence against this chapter (other than this part); or\njurisdiction and would be an offence against this chapter (other\nthan this part) if the conduct happened in the ACT; or\n(c) conduct before the commencement of this chapter that would be\nan offence against this chapter (other than this part) if the\nconduct happened after the commencement of this chapter.\n","sortOrder":226},{"sectionNumber":"638","sectionType":"section","heading":"Property directly or indirectly derived from drug offence","content":"638 Property directly or indirectly derived from drug offence\n(1) For this part, property is directly derived from a drug offence if the\n(a) is all or part of the proceeds of a drug offence; or\n(b) is completely or partly acquired by disposing of, or using, the\nproceeds of a drug offence.\n(2) The proceeds of a drug offence include the proceeds of any sale\ninvolved in committing the offence or any remuneration or other\nreward for committing the offence.\n\nPart 6.7 Offences relating to property derived from drug offences\n(3) For this part, property is indirectly derived from a drug offence if the\n(a) is completely or partly acquired by disposing of, or using,\nproperty directly derived from a drug offence; or\n(b) is completely or partly acquired by disposing of, or using,\nproperty indirectly derived from a drug offence (including\nproperty indirectly derived because of a previous operation of\nparagraph (a))\n(4) Property directly derived or indirectly derived from a drug offence\ndoes not include a controlled drug, plant or precursor.\n(5) Property directly derived or indirectly derived from a drug offence\ndoes not lose its identity as such only because it is deposited with a\nfinancial institution or other entity for credit to an account or for\ninvestment.\n","sortOrder":227},{"sectionNumber":"639","sectionType":"section","heading":"Concealing etc property derived from drug offence","content":"639 Concealing etc property derived from drug offence\n(i) conceals property; or\n(ii) transfers property to someone else; or\n(iii) converts property; or\n(iv) removes property from the ACT;\nknowing that the property is directly or indirectly derived from\na drug offence; and\n\nOffences relating to property derived from drug offences Part 6.7\n(b) the person does so with the intention of evading or assisting\nsomeone else to evade—\n(i) prosecution for a drug offence; or\n(ii) the imposition or enforcement of a pecuniary penalty for a\ndrug offence; or\n(iii) the making or enforcement of an order for the confiscation\nor forfeiture of property or any part of it.\nMaximum penalty: imprisonment for 20 years, 2 000 penalty units\n","sortOrder":228},{"sectionNumber":"640","sectionType":"section","heading":"Receiving property directly derived from drug offence","content":"640 Receiving property directly derived from drug offence\n(1) A person commits an offence if the person receives property—\n(a) knowing that the property is directly derived from a drug offence\ncommitted by someone else; and\n(b) without any legal entitlement to the property.\nMaximum penalty: imprisonment for 7 years, 700 penalty units or\n(2) For this section, property to which a person is legally entitled—\n(a) includes property received under a will or as a reasonable\npayment for the legal supply of goods and services received or\nin repayment of a lawful debt; but\n(b) does not include property received completely or partly as a gift.\n\n","sortOrder":229},{"sectionNumber":"650","sectionType":"section","heading":"Meaning of criminal activity—ch 6A","content":"650 Meaning of criminal activity—ch 6A\ncriminal activity means conduct that constitutes an indictable\n","sortOrder":230},{"sectionNumber":"651","sectionType":"section","heading":"Meaning of criminal group—ch 6A","content":"651 Meaning of criminal group—ch 6A\ncriminal group means a group of 3 or more people who have either\nor both of the following objectives:\n(a) to obtain a material benefit from conduct engaged in in or\noutside the ACT (including outside Australia) that, if it occurred\nin the ACT, would constitute an indictable offence under a\nterritory law;\n(b) to commit serious violence offences (whether in or outside the\nACT).\n(2) A group of people can be a criminal group whether or not—\n(a) any of them are subordinates or employees of others; or\n(b) only some of the people involved in the group are involved in\nplanning, organising or carrying out a particular activity; or\n(c) its membership changes from time to time.\nserious violence offence—an offence is a serious violence offence\nif—\n(a) it is punishable by imprisonment for a term of 5 years or more;\nand\n\nParticipation in criminal groups Chapter 6A\n(b) the conduct constituting the offence involves any of the\n(i) loss of a person’s life or serious risk of loss of a person’s\nlife;\n(ii) serious injury to a person or serious risk of serious injury\nto a person;\n(iii) serious damage to property in circumstances endangering\nthe safety of any person.\n","sortOrder":231},{"sectionNumber":"652","sectionType":"section","heading":"Participating in a criminal group","content":"652 Participating in a criminal group\nA person commits an offence if the person—\n(a) participates in a criminal group; and\n(b) knows that the group is a criminal group; and\n(c) knows that, or was reckless about whether, the person’s\nparticipation in the criminal group contributes to criminal\nactivity.\nMaximum penalty: imprisonment for 5 years.\n","sortOrder":232},{"sectionNumber":"653","sectionType":"section","heading":"Participating in a criminal group—causing harm","content":"653 Participating in a criminal group—causing harm\nthe criminal group, engages in conduct that causes harm to\n(c) is reckless about causing harm to that person or another person\nby the conduct.\nknowledge or recklessness (see Criminal Code, s 20 (4)).\n\nthe criminal group, intentionally makes to someone else a threat\nto cause harm to the other person or a third person; and\n(c) intends the other person to fear that the threat will be carried out.\n(3) In the prosecution of an offence against subsection (2), it is not\nnecessary to prove that the person threatened actually feared that the\nthreat would be carried out.\nthreat includes the meaning given by section 402.\n","sortOrder":233},{"sectionNumber":"654","sectionType":"section","heading":"Participating in a criminal group—property damage","content":"654 Participating in a criminal group—property damage\nthe criminal group, engages in conduct that causes damage to\nproperty belonging to someone else; and\n(c) is reckless about causing damage to that property or any other\nproperty belonging to the other person.\n\nParticipation in criminal groups Chapter 6A\nthe criminal group, intentionally makes to someone else a threat\nto damage property belonging to the other person or a third\nperson; and\n(c) intends the other person to fear that the threat will be carried out.\n(3) In a prosecution for an offence against subsection (2), it is not\nnecessary to prove that the person threatened actually feared that the\nthreat would be carried out.\ncauses damage or another result—see section 400 (Definitions—\npt 4.1).\ndamage property—see section 400 (Definitions—pt 4.1).\nproperty—see section 400 (Definitions—pt 4.1).\nthreat includes the meaning given by section 402.\n(5) Section 401 (Person to whom property belongs) applies for the\npurposes of this section.\n","sortOrder":234},{"sectionNumber":"655","sectionType":"section","heading":"Recruiting people to engage in criminal activity","content":"655 Recruiting people to engage in criminal activity\n(1) A person commits an offence if the person recruits someone else to\ncarry out, or assist in carrying out, a criminal activity.\nMaximum penalty: imprisonment for 7 years.\n\n(2) A person commits an offence if the person recruits a child to carry\nout, or assist in carrying out, a criminal activity.\n(3) For subsection (2), criminal activity includes conduct that makes up\nthe physical elements of an indictable offence engaged in by a person\nwho is under the age of criminal responsibility for the offence.\nrecruit means counsel, procure, solicit, incite or induce.\n\nInterpretation for ch 7 Part 7.1\n","sortOrder":235},{"sectionNumber":"Part 7","sectionType":"part","heading":"Administration of justice","content":"Chapter 7 Administration of justice\noffences\n","sortOrder":236},{"sectionNumber":"700","sectionType":"section","heading":"Definitions—ch 7","content":"700 Definitions—ch 7\naggravated perjury—see section 702.\ncauses a detriment or another result—a person causes a detriment or\nanother result if the person’s conduct substantially contributes to the\ndetriment or other result.\nevidence includes anything that may be used as evidence.\nintermediary—see the Evidence (Miscellaneous Provisions)\nAct 1991, section 4AG.\ninterpreter includes a person who interprets signs or other things\nmade or done by someone who cannot speak adequately for the\npurpose of giving evidence in a legal proceeding.\nlaw enforcement officer means any of the following:\n(a) a police officer;\n(b) a member of the police service or force of a State, another\nTerritory or a foreign country;\n(c) a person exercising a law enforcement function for the\nDepartment of Home Affairs (Cwlth) or the Australian Crime\nCommission;\n(d) the Attorney-General for the Territory, the Commonwealth, a\nState or another Territory;\n\n(e) the director of public prosecutions, or a person performing a\nsimilar function under a law of the Commonwealth, a State or\n(f) a person employed in the Office of the Director of Public\nProsecutions or a similar entity established under a law of the\n(g) any other person responsible for the investigation or prosecution\nof offences against a territory law, or a law of the\n(h) a lawyer to the extent that the lawyer is engaged to prosecute\noffences against a territory law, or a law of the Commonwealth,\na State or another Territory.\nlegal proceeding—see section 701.\nperjury—see section 703.\nstatement means a statement made orally, in a document or in any\nother way.\nsubpoena includes a summons or notice (however described) issued\nby an entity for a legal proceeding before the entity.\nsworn statement means a statement made or verified on oath.\nNote Oath includes affirmation (see Legislation Act, dict, pt 1).\nwitness, in a legal proceeding, includes a witness not subpoened as a\nwitness in the proceeding.\n","sortOrder":237},{"sectionNumber":"701","sectionType":"section","heading":"Meaning of legal proceeding for ch 7","content":"701 Meaning of legal proceeding for ch 7\nlegal proceeding means—\n(a) a proceeding in which evidence may be taken on oath; or\n(b) a proceeding in which judicial power is exercised; or\n\nInterpretation for ch 7 Part 7.1\n(c) a proceeding or anything else that a law declares to be a legal\nproceeding for this chapter;\nbut does not include a proceeding or anything else that a law declares\nnot to be a legal proceeding for this chapter.\nNote A court, tribunal or other entity authorised by law to hear and decide a\nmatter has power to receive evidence and administer oaths (see\nLegislation Act, s 178)\n(2) A reference to a legal proceeding includes a reference to a legal\nproceeding that has been or may be started.\n(3) In this chapter:\nin a legal proceeding includes for the purposes of the legal\nproceeding.\n(4) A declaration made for subsection (1) about a proceeding or other\nthing does not imply that, in the absence of a declaration about it,\nanother proceeding is or is not a legal proceeding for this chapter.\n\n","sortOrder":238},{"sectionNumber":"702","sectionType":"section","heading":"Aggravated perjury","content":"702 Aggravated perjury\n(1) A person commits an offence (aggravated perjury) if—\n(a) the person makes a sworn statement in a legal proceeding with\nthe intention of procuring the person’s or someone else’s\nconviction for, or acquittal of, an offence (the relevant offence);\nand\n(c) the statement is false; and\n(d) the person is reckless about whether the statement is false.\n(2) An interpreter commits an offence (also aggravated perjury) if—\n(a) the interpreter, by a sworn statement, gives an interpretation of\na statement or other thing in a legal proceeding with the intention\n(c) the interpreter’s statement is false or misleading; and\n(d) the interpreter is reckless about whether the interpreter’s\n\nPerjury Division 7.2.1\n(3) An intermediary commits an offence (also aggravated perjury) if—\n(a) the intermediary, by a sworn statement, assists a witness to\ncommunicate evidence in a legal proceeding with the intention\n(c) the intermediary’s statement is false or misleading; and\n(d) the intermediary is reckless about whether the intermediary’s\nNote Sworn statement is defined in s 700.\n","sortOrder":239},{"sectionNumber":"703","sectionType":"section","heading":"Perjury","content":"703 Perjury\n(1) A person commits an offence (perjury) if—\n(a) the person makes a sworn statement in a legal proceeding; and\n(c) the person is reckless about whether the statement is false.\n(2) An interpreter commits an offence (also perjury) if—\n(a) the interpreter, by a sworn statement, gives an interpretation of\na statement or other thing in a legal proceeding; and\n(b) the interpreter’s statement is false or misleading; and\n\n(c) the interpreter is reckless about whether the interpreter’s\n(3) An intermediary commits an offence (also aggravated perjury) if—\n(a) the intermediary, by a sworn statement, assists a witness to\ncommunicate evidence in a legal proceeding with the intention\n(c) the intermediary’s statement is false or misleading; and\n(d) the intermediary is reckless about whether the intermediary’s\n","sortOrder":240},{"sectionNumber":"704","sectionType":"section","heading":"Additional provisions about perjury or aggravated perjury","content":"704 Additional provisions about perjury or aggravated perjury\n(1) For the offence of perjury or aggravated perjury, it does not matter\nwhether—\n(a) the sworn statement related to something material to the legal\n(b) the sworn statement was admitted in evidence in the proceeding;\nor\n(c) the court or other entity dealing with the proceeding had\njurisdiction, was properly constituted or was sitting in the proper\nplace; or\n(d) the person who made the sworn statement was competent to give\nevidence in the proceeding; or\n(e) there was any formal defect in the sworn statement.\n\nPerjury Division 7.2.1\n(2) However, a person does not commit perjury or aggravated perjury if\nthe person is not competent under the Evidence Act 2011, section 13\n(Competence—lack of capacity) to give sworn evidence.\n(3) If the trier of fact is satisfied beyond reasonable doubt that a person\ncommitted perjury or aggravated perjury in relation to 1 of 2 sworn\nstatements made by the person that are irreconcilably in conflict, the\ntrier of fact may find the person guilty of perjury or aggravated\nperjury even though the trier of fact cannot decide which of the\nstatements is false.\n(4) For subsection (3), it does not matter whether the 2 statements were\nmade in the same proceeding.\n(5) If a sworn statement is about an opinion of the person making the\nstatement, the statement is false for the offence of perjury or\naggravated perjury if the opinion is not genuinely held by the person.\n(6) It is not necessary for the conviction of a person for perjury or\naggravated perjury that evidence of the perjury be corroborated.\nformal defect includes—\n(a) any formal error; and\n(b) any irregularity; and\n(c) any noncompliance with a rule of court, approved form or rule\nof practice.\n\nDivision 7.2.2 Falsifying, destroying or concealing evidence\nDivision 7.2.2 Falsifying, destroying or concealing\nevidence\n705 Making or using false evidence\n(1) A person commits an offence if the person makes false evidence with\nthe intention of—\n(a) influencing a decision about starting a legal proceeding; or\n(b) influencing the outcome of a legal proceeding.\n(a) the person uses false evidence; and\n(i) knows the evidence is false; or\n(ii) believes the evidence is false; and\n(c) the person is reckless about whether the use of the evidence\ncould—\n(i) influence a decision about starting a legal proceeding; or\n(ii) influence the outcome of a legal proceeding.\n(3) Subsection (2) does not apply to—\n(a) a lawyer or person assisting a lawyer who uses the evidence on\ninstructions from a client and does not know that the evidence is\nfalse; or\n\nFalsifying, destroying or concealing evidence Division 7.2.2\n(b) a person who—\n(i) is, or may be, involved in a legal proceeding as a law\nenforcement officer, lawyer, or party (or as a person\nassisting any of them); and\n(ii) uses the evidence for a legitimate forensic purpose in the\nproceeding.\n(4) Subsection (2) (b) (i) does not apply to a person who discloses, when\nor before using the evidence, that the evidence is false.\n(5) Subsection (2) (b) (ii) does not apply to a person who discloses, when\nor before using the evidence, that the person believes the evidence is\nfalse.\nlegitimate forensic purpose includes the purpose of demonstrating\nthat evidence is false or misleading.\nmake evidence includes change evidence, but does not include\ncommit perjury or aggravated perjury.\n","sortOrder":241},{"sectionNumber":"706","sectionType":"section","heading":"Destroying or concealing evidence","content":"706 Destroying or concealing evidence\n(1) A person commits an offence if the person destroys or conceals\nevidence with the intention of—\n(a) influencing a decision about starting a legal proceeding; or\n(b) influencing the outcome of a legal proceeding.\ndestroy evidence includes—\n(a) mutilate or change evidence; and\n\n(b) make evidence illegible, indecipherable or otherwise unable to\nbe identified.\n","sortOrder":242},{"sectionNumber":"Div 7","sectionType":"division","heading":"2.3 Protection of people involved in legal","content":"Division 7.2.3 Protection of people involved in legal\nproceedings\n","sortOrder":243},{"sectionNumber":"707","sectionType":"section","heading":"Corruption in relation to legal proceedings","content":"707 Corruption in relation to legal proceedings\n(i) provides a benefit to someone else; or\n(ii) causes a benefit to be provided to someone else; or\n(iii) offers to provide, or promises to provide, a benefit to\nsomeone else; or\nof the provision of a benefit, to be made to someone else;\nand\n(b) the person does so with the intention that the other person or a\nthird person will—\n(i) not attend as a witness, interpreter, intermediary or juror in\n(ii) give false or misleading evidence in a legal proceeding; or\n(iii) withhold true evidence in a legal proceeding; or\n(iv) give a false or misleading interpretation as an interpreter in\n(v) assist a witness to communicate evidence as an\nintermediary in a legal proceeding in a way that makes the\nevidence false or misleading; or\n(vi) improperly make a decision as a juror in a legal\n\n(vii) improperly influence a juror in a legal proceeding.\n(i) asks for a benefit for the person or someone else; or\n(ii) obtains a benefit for the person or someone else; or\n(iii) agrees to obtain a benefit for the person or someone else;\nand\n(b) the person does so with the intention that, or with the intention\nof inducing, fostering or sustaining a belief that, the person or\nsomeone else will—\n(i) not attend as a witness, interpreter, intermediary or juror in\n(ii) give false or misleading evidence in a legal proceeding; or\n(iii) withhold true evidence in a legal proceeding; or\n(iv) give a false or misleading interpretation as an interpreter in\n(v) assist a witness to communicate evidence as an\nintermediary in a legal proceeding in a way that makes the\nevidence false or misleading; or\n(vi) improperly make a decision as a juror in a legal\n(vii) improperly influence a juror in a legal proceeding.\n\n(3) For this section, a person (A) is taken to obtain a benefit for someone\n","sortOrder":244},{"sectionNumber":"708","sectionType":"section","heading":"Deceiving witness, interpreter, intermediary or juror","content":"708 Deceiving witness, interpreter, intermediary or juror\nA person commits an offence if the person deceives someone else\nwith the intention that the other person or a third person will—\n(a) not attend as a witness, interpreter, intermediary or juror in a\n(b) give false or misleading evidence in a legal proceeding; or\n(c) withhold true evidence in a legal proceeding.\n","sortOrder":245},{"sectionNumber":"709","sectionType":"section","heading":"Threatening etc witness, interpreter, intermediary or juror","content":"709 Threatening etc witness, interpreter, intermediary or juror\nA person commits an offence if the person causes or threatens to\ncause a detriment to someone else with the intention that the other\nperson or a third person will—\n(a) not attend as a witness, interpreter, intermediary or juror in a\n(b) give false or misleading evidence in a legal proceeding; or\n(c) withhold true evidence in a legal proceeding; or\n(d) give a false or misleading interpretation as an interpreter in a\n(e) improperly make a decision as a juror in a legal proceeding; or\n(f) improperly influence a juror in a legal proceeding.\n\n","sortOrder":246},{"sectionNumber":"709A","sectionType":"section","heading":"Threatening etc participant in criminal investigation","content":"709A Threatening etc participant in criminal investigation\n(1) A person commits an offence if the person causes or threatens to\ncause a detriment to someone else with the intention that the other\nperson or a third person will—\n(a) not participate in a criminal investigation; or\n(b) give false or misleading evidence in a criminal investigation; or\n(c) withhold true evidence in a criminal investigation; or\n(d) give a false or misleading interpretation as an interpreter in a\ncriminal investigation; or\n(e) assist a witness to communicate evidence as an intermediary in\na criminal investigation in a way that makes the evidence false\nor misleading; or\n(f) improperly make a decision as a participant in a criminal\ninvestigation; or\n(g) improperly influence a participant in a criminal investigation.\n(2) In this section, a person participates in a criminal investigation if the\nperson participates in the investigation as a witness, victim or legal\npractitioner or is otherwise assisting police with their inquiries.\n","sortOrder":247},{"sectionNumber":"710","sectionType":"section","heading":"Preventing attendance etc of witness, interpreter,","content":"710 Preventing attendance etc of witness, interpreter,\nintermediary or juror\nA person commits an offence if the person, by his or her conduct,\nintentionally prevents someone else from—\n(a) attending as a witness, interpreter, intermediary or juror in a\n\n(b) answering a question the other person is required by law to\nanswer in a legal proceeding.\n","sortOrder":248},{"sectionNumber":"711","sectionType":"section","heading":"Preventing production of thing in evidence","content":"711 Preventing production of thing in evidence\nA person commits an offence if the person, by his or her conduct,\nintentionally prevents someone else from producing in evidence in a\nlegal proceeding a document or other thing that is required by law to\nbe produced.\n","sortOrder":249},{"sectionNumber":"712","sectionType":"section","heading":"Reprisal against person involved in proceeding","content":"712 Reprisal against person involved in proceeding\n(1) A person commits an offence if the person causes or threatens to\ncause a detriment to a person involved in a legal proceeding—\n(a) because of something done by the involved person in the\nproceeding; and\n(b) in the belief that the involved person was an involved person\nwho had done that thing.\nintermediary includes a person who attends in the proceeding as an\nintermediary but is not called as an intermediary.\ninterpreter includes a person who attends in the proceeding as an\ninterpreter but is not called as an interpreter.\n\ninvolved person, in relation to a legal proceeding, means—\n(a) a judge, magistrate or member of a tribunal or other entity the\nproceeding is before; or\n(b) a registrar, deputy registrar or other official of the court, tribunal\nor other entity the proceeding is before; or\n(c) a witness, interpreter, intermediary, juror or lawyer involved in\nthe proceeding; or\n(d) for a criminal proceeding—a complainant, informant or party to\nthe proceeding.\nwitness includes a person who attends in the proceeding as a witness\nbut is not called as a witness.\n","sortOrder":250},{"sectionNumber":"712A","sectionType":"section","heading":"Publishing identifying information about childrens","content":"712A Publishing identifying information about childrens\nproceedings\n(1) A person commits an offence if the person publishes information that\nidentifies someone else as a person who is or was a child or young\nperson the subject of a childrens proceeding.\n(2) Information that identifies someone includes information that—\n(a) discloses the name, address or suburb of the person, or of a\nfamily member of the person; or\n(b) would allow the identity of the person as a child or young person\nthe subject of a childrens proceeding to be worked out.\nExample—par (b)\nthe child’s or young person’s relationship to another person\n(3) This section does not apply if—\n(a) the person the subject of the proceeding is an adult and consents\nto the publication of the information; or\n\n(b) the person the subject of the proceeding has died and—\n(i) the person’s legal personal representative consents to the\npublication of the information; or\n(ii) the information is published more than 100 years after the\nperson’s death.\n(4) To remove any doubt, this section applies to everyone, including, for\na proceeding under the Children and Young People Act 2008, people\nrequired or entitled to attend the proceeding.\nchild—see the Children and Young People Act 2008, section 11.\nchild concern report—see the Children and Young People Act 2008,\nsection 353 as in force immediately before the commencement of the\nChildren and Young People Amendment Act 2023, section 29.\nchildrens proceeding—a child or young person is or was the subject\nof a childrens proceeding if—\n(a) the child or young person is or was the subject of a proceeding\nunder the Children and Young People Act 2008; or\n(b) any of the following orders is or was in force under that Act for\nthe child or young person:\n(i) a care and protection order;\n(ii) an interim care and protection order;\n(iii) an appraisal order;\n(iv) an intensive therapy order; or\n(v) an interim intensive therapy order; or\n(c) the child or young person—\n(i) was the subject of a child concern report under that Act; or\n\n(ii) is or was the subject of a voluntary report or a mandatory\nreport under that Act; or\n(d) the child or young person is or was the subject of a proceeding\nfor a protection order under that Act, division 14.3.5 (Protection\norders); or\nNote A protection order under the Children and Young People Act 2008,\ndiv 14.3.5 means a protection order under the Family Violence\nAct 2016 or Personal Violence Act 2016.\n(e) the child or young person is or was the subject of—\n(i) a proceeding under the Children and Young People\nAct 1999; or\n(ii) an order or report under that Act that corresponds to an\norder or report mentioned in paragraph (b) or (c); or\n(f) a director-general has or had parental responsibility for the child\nor young person under the Children and Young People Act 2008\nor the Children and Young People Act 1999; or\n(g) the child or young person is or was the subject of a criminal\n(h) the child or young person is or was the subject of a proceeding\nunder the Bail Act 1992; or\n(i) the child or young person is or was the subject of a proceeding\nunder the Family Violence Act 2016 or Personal Violence\nAct 2016; or\n(j) either of the following orders is or was in force under the Mental\nHealth Act 2015 for the child or young person:\n(i) a forensic mental health order;\n(ii) a forensic community care order.\nmandatory report—see the Children and Young People Act 2008,\nsection 356 (1) (e).\n\nproceeding includes a proceeding started, or that existed, before the\ncommencement of this section.\npublish means communicate or disseminate information in a way or\nto an extent that makes it available to, or likely to come to the notice\nof, the public or a section of the public or anyone else not lawfully\nentitled to the information.\nvoluntary report—see the Children and Young People Act 2008,\nsection 354 (2).\nyoung person—see the Children and Young People Act 2008,\nsection 12.\nDivision 7.2.4 Perverting the course of justice and\nrelated offences\n","sortOrder":251},{"sectionNumber":"713","sectionType":"section","heading":"Perverting the course of justice","content":"713 Perverting the course of justice\n(1) A person commits an offence if the person, by his or her conduct,\nintentionally perverts the course of justice.\nperverts includes obstructs, prevents and defeats.\n","sortOrder":252},{"sectionNumber":"714","sectionType":"section","heading":"Publication that could cause miscarriage of justice","content":"714 Publication that could cause miscarriage of justice\n(a) the person publishes something that could cause a miscarriage\nof justice in a legal proceeding; and\n(b) the person does so with the intention of causing a miscarriage of\njustice in the proceeding.\n\n(a) the person publishes something that could cause a miscarriage\nof justice in a legal proceeding; and\n(b) the person is reckless about whether publishing the thing could\ncause a miscarriage of justice in the proceeding.\n","sortOrder":253},{"sectionNumber":"715","sectionType":"section","heading":"False accusation of offence","content":"715 False accusation of offence\n(1) A person commits an offence if the person makes an accusation to a\nlaw enforcement officer that someone else has committed an\noffence—\n(a) knowing or believing that the other person did not commit the\noffence; and\n(b) intending that—\n(i) the other person will be charged with committing the\n(ii) law enforcement officers will be deflected from\nprosecuting the offender.\n(2) Subsection (1) (b) (i) does not apply to a law enforcement officer\nexercising his or her functions as a law enforcement officer if the\nofficer—\n(a) does not know that the other person did not commit the offence;\nand\n(b) believes that there are reasonable grounds for charging the other\nperson with the offence.\n\n(3) A law enforcement officer commits an offence if the officer charges\nsomeone with an offence knowing that the person did not commit the\n","sortOrder":254},{"sectionNumber":"716","sectionType":"section","heading":"Compounding of offence","content":"716 Compounding of offence\n(i) provides a benefit to someone else; or\n(ii) causes a benefit to be provided to someone else; or\n(iii) offers to provide, or promises to provide, a benefit to\nsomeone else; or\nof the provision of a benefit, to be made to someone else;\nand\n(b) the person does so with the intention that the other person or a\nthird person will—\n(i) conceal the commission of an offence; or\n(ii) not start, or discontinue or delay, a prosecution for an\n(iii) withhold information, or provide false or misleading\ninformation, in relation to the commission of an offence;\nor\n(iv) obstruct or hinder the investigation of an offence by law\nenforcement officers.\n\n(i) asks for a benefit for the person or someone else; or\n(ii) obtains a benefit for the person or someone else; or\n(iii) agrees to obtain a benefit for the person or someone else;\nand\n(b) the person does so with the intention that, or with the intention\nof inducing, fostering or sustaining a belief that, the person or\nsomeone else will—\n(i) conceal the commission of an offence; or\n(ii) not start, or discontinue or delay, a prosecution for an\n(iii) withhold information, or provide false or misleading\ninformation, in relation to the commission of an offence;\nor\n(iv) obstruct or hinder the investigation of an offence by law\nenforcement officers.\n(3) For this section, a person (A) is taken to obtain a benefit for someone\n","sortOrder":255},{"sectionNumber":"717","sectionType":"section","heading":"Accessory after the fact","content":"717 Accessory after the fact\n(1) A person (the accessory) commits an offence if—\n(a) someone else (the principal offender) has committed an\noffence; and\n\n(b) the accessory assists the principal offender—\n(i) knowing the principal offender committed the offence; or\n(ii) believing the principal offender committed the offence or\na related offence; and\n(c) the accessory does so with the intention of allowing the principal\noffender to—\n(i) escape apprehension or prosecution; or\n(ii) obtain, keep or dispose of the proceeds of the offence.\nMaximum penalty:\n(a) if the offence committed by the principal offender is murder—\nimprisonment for 20 years, 2 000 penalty units or both; or\n(b) if the offence committed by the principal offender has a\nmaximum penalty of at least 2 000 penalty units, imprisonment\nfor 20 years or both (but is not murder)—1 500 penalty units,\nimprisonment for 15 years or both; or\n(c) if the offence committed by the principal offender has a\nmaximum penalty of at least 1 500 penalty units, imprisonment\nfor 15 years or both but less than 2 000 penalty units,\nimprisonment for 20 years or both—700 penalty units,\nimprisonment for 7 years or both; or\n(d) if the offence committed by the principal offender has a\nmaximum penalty of at least 1 000 penalty units, imprisonment\nfor 10 years or both but less than 1 500 penalty units,\nimprisonment for 15 years or both—500 penalty units,\nimprisonment for 5 years or both; or\n(e) in any other case—the lesser of—\n(i) 300 penalty units, imprisonment for 3 years or both; and\n(ii) the maximum penalty for the principal offence.\n\n(2) However, if the offence the accessory believes the principal offender\ncommitted is not the offence the principal offender committed, the\nmaximum penalty is the lesser of—\n(a) the maximum penalty applying under subsection (1); and\n(b) the maximum penalty that would apply under that subsection if\nthe principal offender had committed the offence the accessory\nbelieved the principal offender had committed.\n(3) For this section, an offence the accessory believes the principal\noffender committed is a related offence to the offence the principal\noffender committed if the circumstances in which the accessory\nbelieves the offence to have been committed are the same, or partly\nthe same, as the circumstances in which the actual offence was\ncommitted.\n\n","sortOrder":256},{"sectionNumber":"718","sectionType":"section","heading":"Pleading guilty in another’s name","content":"718 Pleading guilty in another’s name\n(1) A person commits an offence if the person pleads guilty to a charge\nfor an offence knowing the charge is in someone else’s name.\nto prove the identity or existence of the other person.\n","sortOrder":257},{"sectionNumber":"719","sectionType":"section","heading":"Failing to attend","content":"719 Failing to attend\n(a) the person is served with a subpoena to attend to give evidence\nor information, or answer questions, in a legal proceeding; and\n(i) fails to attend as required by the subpoena; or\n(ii) fails to continue to attend until excused from further\nattendance.\n","sortOrder":258},{"sectionNumber":"720","sectionType":"section","heading":"Failing to produce document or other thing","content":"720 Failing to produce document or other thing\n(i) is served with a subpoena to produce a document or other\nthing in a legal proceeding; or\n\nSummary offences for ch 7 Part 7.3\n(ii) is otherwise required by law to produce a document or\nother thing in a legal proceeding; and\n(b) the person fails to produce the document or other thing as\nrequired by the subpoena or other requirement.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n","sortOrder":259},{"sectionNumber":"721","sectionType":"section","heading":"Failing to take oath","content":"721 Failing to take oath\n(a) the person is required by law to take an oath to give evidence in\na legal proceeding; and\n(b) the person fails to take the oath when required.\n","sortOrder":260},{"sectionNumber":"722","sectionType":"section","heading":"Failing to answer question or give information","content":"722 Failing to answer question or give information\n(a) the person is required by law to answer a question or give\ninformation in a legal proceeding; and\n(b) the person fails to answer the question or give the information\nwhen required.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\n","sortOrder":261},{"sectionNumber":"723","sectionType":"section","heading":"Making etc false or misleading statements in legal","content":"723 Making etc false or misleading statements in legal\nproceeding\n(a) the person makes a sworn or unsworn statement in a legal\nproceeding before a court; and\n(c) the person is reckless about whether the statement is false.\n(a) the person makes a sworn or unsworn statement in a legal\nproceeding before an entity that is not a court; and\n(c) the person is reckless about whether the statement is false or\nmisleading.\n(3) Subsection (2) (b) and (c) does not apply if the statement is not false\n(4) Subsections (1) and (2) do not apply in relation to an unsworn\nstatement if, before the statement was made, the entity did not take\nreasonable steps to tell the person making the statement about the\nexistence of the offence against the subsection.\n(5) For subsection (4), it is sufficient if the following form of words is\nused:\n‘Making false or misleading statements is a serious offence’.\n\nSummary offences for ch 7 Part 7.3\n(6) A person commits an offence if—\n(a) the person files or gives a sworn document in a legal proceeding;\nand\n(b) the document contains false or misleading information; and\n(c) the person is reckless about whether the document contains false\nor misleading information.\n(7) Subsection (6) does not apply to—\n(a) a lawyer or person assisting a lawyer who—\n(i) files or gives the document on instructions from a client;\nand\n(ii) does not know the document contains false or misleading\ninformation; or\n(b) a person involved in the legal proceeding as a law enforcement\nofficer, lawyer, or party (or as a person assisting any of them)\nwho files or gives the document for a legitimate forensic\npurpose; or\n(c) a person who, when filing or giving the document, discloses that\nit contains or may contain false or misleading information.\n(8) Also, subsection (6) (b) and (c) does not apply if the information is\nnot false or misleading in a material particular.\n(9) In this section:\nfile includes lodge for filing.\nlegitimate forensic purpose—see section 705 (6).\n\nunsworn statement means a statement that is not made or verified on\noath.\nNote Sworn statement is defined in s 700.\n","sortOrder":262},{"sectionNumber":"724","sectionType":"section","heading":"Obstructing etc legal proceeding","content":"724 Obstructing etc legal proceeding\nA person commits an offence if the person—\n(a) intentionally obstructs or hinders a court, tribunal, commission,\nboard or other entity in the exercise of its functions in a legal\n(b) intentionally causes a substantial disruption to a legal\nproceeding before a court, tribunal, commission, board or other\nentity.\n","sortOrder":263},{"sectionNumber":"725","sectionType":"section","heading":"Obstructing or hindering investigation","content":"725 Obstructing or hindering investigation\nA person commits an offence if the person does something with the\nintention of obstructing or hindering the investigation of an offence\nby a law enforcement officer.\n\nProcedural matters for ch 7 Part 7.4\n","sortOrder":264},{"sectionNumber":"726","sectionType":"section","heading":"Consent required for certain prosecutions","content":"726 Consent required for certain prosecutions\n(1) A proceeding for an offence against any of the following provisions\nmust not be started without the consent of the Attorney-General or\nthe director of public prosecutions:\n(a) section 702 (Aggravated perjury);\n(b) section 703 (Perjury);\n(c) section 707 (Corruption in relation to legal proceedings);\n(d) section 708 (Deceiving witness, interpreter, intermediary or\njuror);\n(e) section 709 (Threatening etc witness, interpreter, intermediary\nor juror);\n(f) section 716 (Compounding of offence);\n(g) section 717 (Accessory after the fact).\n(2) However, a person may be arrested for, charged with, or remanded in\ncustody or granted bail for, an offence mentioned in subsection (1)\nbefore the consent has been given.\n","sortOrder":265},{"sectionNumber":"727","sectionType":"section","heading":"Alternative verdicts—aggravated perjury and perjury","content":"727 Alternative verdicts—aggravated perjury and perjury\nsection 702 (Aggravated perjury), the trier of fact is not satisfied that\nthe defendant committed the offence but is satisfied beyond\nreasonable doubt that the defendant committed an offence against\nsection 703 (Perjury).\nsection 703, but only if the defendant has been given procedural\n\n","sortOrder":266},{"sectionNumber":"728","sectionType":"section","heading":"Alternative verdicts—perverting the course of justice and","content":"728 Alternative verdicts—perverting the course of justice and\npublication that could cause miscarriage of justice\nsection 714 (Publication that could cause miscarriage of justice), the\nan offence against section 713 (Perverting the course of justice).\nsection 713, but only if the defendant has been given procedural\n\nSerious vilification Part 7A.1\n","sortOrder":267},{"sectionNumber":"Part 7A","sectionType":"part","heading":"1 Serious vilification","content":"Part 7A.1 Serious vilification\n","sortOrder":268},{"sectionNumber":"750","sectionType":"section","heading":"Serious vilification","content":"750 Serious vilification\n(a) the person intentionally carries out an act; and\n(b) the act is a threatening act; and\n(c) the person is reckless about whether the act incites hatred\ntoward, revulsion of, serious contempt for, or severe ridicule of,\na person or group of people on the ground of any of the\n(i) disability;\n(ii) gender identity;\n(iii) HIV/AIDS status;\n(iv) race;\n(v) religious conviction;\n(vi) sex;\n(vii) sex characteristics;\n(viii) sexuality;\n(ix) association (whether as a relative or otherwise) with a\nperson who is, or a group of people who are, identified by\nreference to an attribute mentioned in subparagraphs (i)\nto (viii); and\n(d) the act is done other than in private; and\n\n(e) the person is reckless about whether the act is done other than in\nprivate.\nExamples—other than in private\n1 screening recorded material at an event that is open to the public, even if\nprivately organised\n2 writing a publicly viewable post on social media\n3 speaking in an interview intended to be broadcast or published\n4 actions or gestures observable by the public\n5 wearing or displaying clothes, signs or flags observable by the public\nMaximum penalty: 50 penalty units.\ndisability—see the Discrimination Act 1991, section 5AA.\ngender identity—see the Discrimination Act 1991, dictionary.\nHIV/AIDS status means status as a person who has the Human\nImmunodeficiency Virus or Acquired Immune Deficiency\nSyndrome.\nrace—see the Discrimination Act 1991, dictionary.\nreligious conviction—see the Discrimination Act 1991, dictionary.\nsex characteristics—see the Discrimination Act 1991, dictionary.\nsexuality—see the Discrimination Act 1991, dictionary.\nthreatening act means an act carried out by a person only if the\nperson—\n(a) by the act, intentionally threatens physical harm toward, or\ntoward any property of, the person, or members of the group\nmentioned in subsection (1) (c) (i) to (ix); or\n(b) is reckless about whether the act incites others to threaten the\nharm.\n\nPublic display of Nazi symbols Part 7A.2\n","sortOrder":269},{"sectionNumber":"751","sectionType":"section","heading":"Meaning of Nazi symbol—pt 7A.2","content":"751 Meaning of Nazi symbol—pt 7A.2\nNazi symbol means—\n(a) a Hakenkreuz; or\n(b) a symbol that so nearly resembles a Hakenkreuz that it is likely\nto be confused with or mistaken for a Hakenkreuz.\nExample—par (b)\na cross with the arms bent at right angles in a counter-clockwise direction\nHakenkreuz means a symbol of a cross with the arms bent at right\nangles in a clockwise direction.\n","sortOrder":270},{"sectionNumber":"752","sectionType":"section","heading":"Public display of Nazi symbols","content":"752 Public display of Nazi symbols\n(a) the person displays a Nazi symbol; and\n(b) the person knows, or ought reasonably to know, that the symbol\nis associated with Nazi ideology; and\n(c) the display is other than in private.\nExamples—other than in private\n1 displaying the symbol at an event that is open to the public, even if\nprivately organised\n2 including the symbol in a publicly viewable post on social media\n3 displaying the symbol during a video-recorded interview that is intended\nto be broadcast\n\n4 wearing the symbol on a piece of clothing in a public place, or within\nsight of a person who is in a public place\nMaximum penalty: 120 penalty units, imprisonment for 12 months\n(2) Subsection (1) does not apply to a person if—\n(a) the Nazi symbol is displayed on the person’s body by means of\ntattooing or similar process; or\n(b) the person displayed the symbol reasonably and in good faith—\n(i) for a genuine academic, artistic, religious or scientific\npurpose; or\n1 a person of Hindu faith displays a swastika in the front window\nof the person’s shop as a symbol of good luck\n2 a person of Jain faith draws a swastika on the person’s new\nvehicle before using it as a symbol of good fortune\n3 a person of Buddhist faith displays a sculpture of Buddha with a\nswastika on the chest, as a symbol of auspiciousness, at a\nBuddhist temple\n(ii) for a genuine cultural or educational purpose; or\n1 the floor of a shop is patterned with swastikas in the hope of\nbringing prosperity\n2 a member of the Hindu community wears a T-shirt in public with\na swastika on the front as a symbol of peace\n3 a bookshop displays for sale an educational textbook on World\nWar II, which has a Hakenkreuz on the cover\n(iii) in making or publishing a fair and accurate report of an\nevent or matter of public interest; or\n\nPublic display of Nazi symbols Part 7A.2\n(iv) in opposition to fascism, Nazism, neo-Nazism or other\nrelated ideologies.\n1 a person who displays a flag of Nazi Germany with a marking\nthrough it to signal the person’s opposition to Nazism\n2 a person participating in a protest who displays a Nazi symbol on\na placard which also contains words stating opposition to fascism\nmentioned in s (2) (see s 58).\n(3) A proceeding against a child for an offence against this section must\nnot be started without the written consent of the director of public\nprosecutions.\nbeading means the cutting of the skin of a person and the insertion of\nan object beneath the skin to produce a lump.\nbranding means the application of heat, cold or a substance to the\nskin of a person to produce scar tissue.\nscarification means the cutting of the skin of a person to create scar\ntissue.\nsimilar process includes beading, branding and scarification.\n","sortOrder":271},{"sectionNumber":"753","sectionType":"section","heading":"Direction to remove Nazi symbol from public display","content":"753 Direction to remove Nazi symbol from public display\n(1) A police officer may direct a person to remove a Nazi symbol from\ndisplay if the police officer reasonably believes that the person is\ncommitting an offence against section 752 by displaying the Nazi\nsymbol.\n(2) A police officer may direct a person to remove a Nazi symbol from\ndisplay at premises if—\n(a) the person is the owner or occupier of the premises; and\n\n(b) the police officer reasonably believes that an offence is being\ncommitted against section 752 by the display of the Nazi\nsymbol.\n(3) A direction under this section—\n(a) may be given orally or in writing; and\n(b) must state when the direction must be complied with.\n(4) If the direction cannot be given in person, a police officer may leave\na written direction—\n(a) at the premises where the Nazi symbol is being displayed; or\n(b) if the display is in or on a vehicle—by attaching or placing the\ndirection on the vehicle in a conspicuous place.\n(5) A person must comply with a direction given to the person under this\nMaximum penalty: 10 penalty units.\n(6) Subsection (5) does not apply if the person has a reasonable excuse.\nmentioned in s (6) (see s 58).\n\nOther offences Part 7A.3\nPart 7A.3 Other offences\n","sortOrder":272},{"sectionNumber":"754","sectionType":"section","heading":"Unauthorised entry of motor vehicle","content":"754 Unauthorised entry of motor vehicle\n(a) the person enters a motor vehicle; and\n(b) the vehicle belongs to someone else; and\n(c) the person does not have consent to enter the vehicle from a\nperson to whom the vehicle belongs.\nMaximum penalty: 10 penalty units.\nbelongs—see section 301.\nenter a motor vehicle—a person enters a motor vehicle if the person\nputs any part of their body into any part of the motor vehicle.\n\n","sortOrder":273},{"sectionNumber":"800","sectionType":"section","heading":"Regulation-making power","content":"800 Regulation-making power\nThe Executive may make regulations for this Act.\n","sortOrder":274},{"sectionNumber":"801","sectionType":"section","heading":"Review of amendments made by Justice (Age of Criminal","content":"801 Review of amendments made by Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023\n(1) The Minister must—\n(a) review the operation and effectiveness of the amendments to all\nActs made by the Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023 as soon as practicable after the\nend of 5 years after this section commences; and\n(b) present a report of the review to the Legislative Assembly before\nthe end of 6 years after this section commences.\n(2) This section expires 7 years after it commences.\n\nCrimes Act 1900—Offences for which children 12 years old and older but\nunder 14 years old are criminally responsible\n","sortOrder":275},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nSchedule 1 Crimes Act 1900—Offences for\nwhich children 12 years old\nand older but under 14 years\nold are criminally responsible\n(see s 25 (2))\nitem\noffence\n1 s 12 (Murder)\n2 s 19 (Intentionally inflicting grievous bodily harm)\n3 s 51 (Sexual assault in the first degree)\n4 s 57 (Act of indecency in the first degree)\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• Act\n• ACT\n• child\n• contravene\n• corporation\n• director of public prosecutions\n• found guilty (of an offence)\n• function\n• indictable offence (see s 190)\n• person\n• proceeding\n• provision\n• public trustee and guardian\n• statutory declaration\n• subordinate law\n• summary offence (see s 190).\naccess, to data held in a computer, for part 4.2 (Computer offences)—\nsee section 412.\naccount, for part 3.3 (Fraudulent conduct)—see section 325.\nagent, for part 3.7 (Bribery and related offences)—see section 353.\naggravated burglary—see section 312.\naggravated perjury, for chapter 7 (Administration of justice\noffences)—see section 702.\naggravated robbery—see section 310.\napplication date—see section 10.\napplied provisions—see section 10.\n\nbelongs, in relation to property, for chapter 3 (Theft, fraud, bribery\nand related offences)—see section 301.\nbenefit includes any advantage and is not limited to property.\nbet, by a person on an event, for part 3.8A (Cheating at gambling)—\nsee section 363A (1).\nburglary—see section 311.\ncannabis, for chapter 6 (Serious drug offences)—see section 600 (1).\ncannabis plant, for chapter 6 (Serious drug offences)—see\ncause—\n(a) a loss, for chapter 3 (Theft, fraud, bribery and related offences)\ngenerally—see section 300; and\n(b) in relation to an occurrence or state of affairs, for part 3.8A\n(Cheating at gambling)—see section 363B.\ncauses—\n(a) damage or another result, for part 4.1 (Property damage\noffences)—see section 400; and\n(b) for part 4.2 (Computer offences)—see section 412; and\n(c) damage or disruption, for part 4.3 (Sabotage)—see section 422;\nand\n(d) a detriment or another result, for chapter 7 (Administration of\njustice offences)—see section 700.\ncommercial quantity, for chapter 6 (Serious drug offences)—see\nsection 601.\nconceal a thing, for chapter 6 (Serious drug offences)—see\n\nconduct—\n(a) for the Act generally—see section 13; and\n(b) for part 3.8A (Cheating at gambling)—see section 363A (1).\ncontrolled drug, for chapter 6 (Serious drug offences)—see\ncontrolled plant, for chapter 6 (Serious drug offences)—see\ncontrolled precursor, for chapter 6 (Serious drug offences)—see\ncorrupts a betting outcome, for part 3.8A (Cheating at gambling)—\nsee section 363C.\ncreate—a law creates an offence if it directly or indirectly creates the\noffence or directly or indirectly affects its scope or operation.\ncriminal activity, for chapter 6A (Participation in criminal groups)—\nsee section 650.\ncriminal group, for chapter 6A (Participation in criminal groups)—\nsee section 651.\ncultivates a plant, for chapter 6 (Serious drug offences)—see\ncultivation, of a plant, for chapter 6 (Serious drug offences)—see\ndamage—\n(a) property, for part 4.1 (Property damage offences)—see\nsection 400; and\n(b) to a public facility, for part 4.3 (Sabotage)—see section 422.\ndata, for part 4.2 (Computer offences)—see section 412.\ndata held in a computer, for part 4.2 (Computer offences)—see\n\ndata storage device, for part 4.2 (Computer offences)—see\ndeath means—\n(a) the irreversible cessation of all function of a person’s brain\n(including the brain stem); or\n(b) the irreversible cessation of circulation of blood in a person’s\nbody.\ndeception, for part 3.3 (Fraudulent conduct)—see section 325.\ndetriment includes any disadvantage and is not limited to personal\ninjury or to loss of or damage to property.\ndirectly derived, for part 6.7 (Offences relating to property derived\nfrom drug offences)—see section 638.\ndishonest, for chapter 3 (Theft, fraud, bribery and related offences)—\nsee section 300.\ndocument, for part 3.6 (Forgery and related offences)—see\nsection 343.\ndrug offence, for part 6.7 (Offences relating to property derived from\ndrug offences)—see section 637.\nduty, of a person who is a public official, for chapter 3 (Theft, fraud,\nbribery and related offences)—see section 300.\nelectronic communication, for part 4.2 (Computer offences)—see\nemployee includes a servant.\nencourage, a person, for part 3.8A (Cheating at gambling)—see\nengage in conduct—see section 13.\nevent, for part 3.8A (Cheating at gambling)—see section 363A (1).\n\nevidence, for chapter 7 (Administration of justice offences)—\nevidential burden—see section 58 (7).\nexplosive means a substance or article that—\n(a) is manufactured for the purpose of producing an explosion; or\n(b) a person has with the intention of using it to produce an\nexplosion.\nfalse document, for part 3.6 (Forgery and related offences)—see\nsection 344.\nfault element—see section 17.\nfault element of basic intent—see section 30 (1).\nfavour, for part 3.7 (Bribery and related offences)—see section 352.\nfinancial advantage, for part 3.8A (Cheating at gambling)—see\nfinancial disadvantage, for part 3.8A (Cheating at gambling)—see\nfirearm includes an airgun and an airpistol.\nforgery—see section 346.\nfunction, of an agent, for part 3.7 (Bribery and related offences)—\nsee section 352.\ngain, for chapter 3 (Theft, fraud, bribery and related offences)—see\nsection 300.\nharm means—\n(a) physical harm to a person, including unconsciousness, pain,\ndisfigurement, infection with a disease and any physical contact\nwith the person that a person might reasonably object to in the\ncircumstances (whether or not the person was aware of it at the\ntime); and\n\n(b) harm to a person’s mental health, including psychological harm,\nbut not including mere ordinary emotional reactions (for\nexample, distress, grief, fear or anger);\nwhether temporary or permanent, but does not include being\nsubjected to any force or impact that is within the limits of what is\nacceptable as incidental to social interaction or to life in the\ncommunity.\nimpairment, of electronic communication to or from a computer, for\npart 4.2 (Computer offences)—see section 412.\nin a legal proceeding, for chapter 7 (Administration of justice\noffences)—see section 701 (3).\nindirectly derived, for part 6.7 (Offences relating to property derived\nfrom drug offences)—see section 638.\nintention—see section 18.\nintermediary, for chapter 7 (Administration of justice offences)—see\nthe Evidence (Miscellaneous Provisions) Act 1991, section 4AG.\ninterpreter, for chapter 7 (Administration of justice offences)—\nintoxication—see section 30 (1).\nirreversible means irreversible by natural or artificial means.\nknife includes—\n(a) a knife blade; and\n(b) a razor blade; and\n(c) any other blade.\nknowledge—see section 19.\nlarge commercial quantity, for chapter 6 (Serious drug offences)—\nsee section 601.\n\nlaw means an Act or subordinate law, and includes a provision of an\nAct or subordinate law.\nlaw enforcement officer, for chapter 7 (Administration of justice\noffences)—see section 700.\nlegal burden—see section 56 (3).\nlegal proceeding, for chapter 7 (Administration of justice offences)—\nsee section 701.\nloss, for chapter 3 (Theft, fraud, bribery and related offences)—see\nsection 300.\nmanufacture, for chapter 6 (Serious drug offences)—see section 606.\nmanufactures, for chapter 6 (Serious drug offences)—see\nsection 606.\nmenace, for part 3.5 (Blackmail)—see section 340.\nmental impairment—see section 27.\nmodification, for part 4.2 (Computer offences)—see section 412.\nmotor vehicle—see the Road Transport (General) Act 1999,\ndictionary.\nNazi symbol, for part 7A.2 (Public display of Nazi symbols)—see\nsection 751.\nnegligent—see section 21.\nobtain—\n(a) for chapter 3 (Theft, fraud, bribery and related offences)\ngenerally—see section 300; and\n(b) for part 3.8A (Cheating at gambling)—see section 363D.\nobtaining property by deception—see section 326.\noffence means an offence against a law.\n\noffensive weapon includes the following:\n(a) anything made or adapted for use for causing injury to or\nincapacitating a person;\n(b) anything that a person has with the intention of using, or\nthreatening to use, to cause injury to or incapacitate someone\nelse;\n(c) a firearm, or anything that may reasonably be taken in the\ncircumstances to be a firearm;\n(d) a knife, or anything that may reasonably be taken in the\ncircumstances to be a knife;\n(e) an explosive, or anything that may reasonably be taken in the\ncircumstances to be or contain an explosive.\nperjury, for chapter 7 (Administration of justice offences)—see\nsection 703.\nphysical element of an offence—see section 14.\npossession, of a thing, for chapter 6 (Serious drug offences)—see\nprepare a drug for supply, for chapter 6 (Serious drug offences)—see\nprincipal, for part 3.7 (Bribery and related offences)—see\nsection 353.\nproceeds of a drug offence, for part 6.7 (Offences relating to property\nderived from drug offences)—see section 638.\nproduct, of a plant, for chapter 6 (Serious drug offences)—see\n(a) for this Act generally—includes the following:\n(i) electricity;\n\n(ii) gas;\n(iii) water;\n(iv) a wild creature that is tamed or ordinarily kept in captivity\nor that is, or is being taken into, someone’s possession;\n(v) any organ or part of a human body and any blood, ova,\nsemen or other substance extracted from a human body;\nand\n(b) for part 4.1 (Property damage offences)—see section 400.\nNote For further definition of property, see the Legislation Act, dict, pt 1.\nproperty offence, for part 4.3 (Sabotage)—see section 422.\npublic duty, for chapter 3 (Theft, fraud, bribery and related\noffences)—see section 300.\npublic facility, for part 4.3 (Sabotage)—see section 422.\npublic official, for chapter 3 (Theft, fraud, bribery and related\noffences)—see section 300.\nreceiving—see section 313.\nreckless—see section 20.\nrequired geographical nexus, for part 2.7 (Geographical\napplication)—see section 63 (1).\nrobbery—see section 309.\nself-induced intoxication—see section 30 (2).\nsell, for chapter 6 (Serious drug offences)—see section 600.\nserious computer offence, for part 4.2 (Computer offences)—see\n\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.\nservices, for chapter 3 (Theft, fraud, bribery and related offences)—\nsee section 300.\nspecial liability provision means—\n(a) a provision providing that absolute liability applies to 1 or more\n(but not all) of the physical elements of an offence; or\n(b) a provision providing that, in a prosecution for an offence, it is\nnot necessary to prove that the defendant knew something; or\n(c) a provision providing that, in a prosecution for an offence, it is\nnot necessary to prove that the defendant knew or believed\nsomething.\nstatement, for chapter 7 (Administration of justice offences)—see\nsection 700.\nsubpoena, for chapter 7 (Administration of justice offences)—\nsupply—\n(a) for chapter 3 (Theft, fraud, bribery and related offences)—see\nsection 300; and\n(b) for chapter 6 (Serious drug offences)—see section 600 (1).\nsworn statement, for chapter 7 (Administration of justice offences)—\nterritory public official, for chapter 3 (Theft, fraud, bribery and\nrelated offences)—see section 300.\ntheft—see section 308 (Theft) and section 321 (Minor theft).\n\nthreat—\n(a) for this Act generally—includes a threat made by any conduct,\nwhether explicit or implicit and whether conditional or\nunconditional; and\n(b) for part 4.1 (Property damage offences)—see section 402.\ntrafficable quantity, for chapter 6 (Serious drug offences)—see\nsection 601.\ntraffics in a controlled drug, for chapter 6 (Serious drug offences)—\nsee section 602.\ntransport, for chapter 6 (Serious drug offences)—see section 600 (1).\nunauthorised computer function, for part 4.3 (Sabotage)—see\nsection 422.\nunwarranted demand with a menace, for part 3.5 (Blackmail)—see\nsection 341.\nwitness, for chapter 7 (Administration of justice offences)—\n\nAbout the endnotes 1\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\nCriminal Code 2002 A2002-51\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 1 pt 1.23 commenced 1 July 2003 (s 2 (2) and see Territory\nRecords Act 2002 A2002-18, s 2 (2))\nremainder commenced 1 January 2003 (s 2 (1))\nas amended by\nJustice and Community Safety Legislation Amendment Act 2003\n(No 2) A2003-47 pt 3\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\npt 3 commenced 1 November 2003 (s 2)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.7\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.7 commenced 19 December 2003 (s 2)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 ss 3-10\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nss 3-10 commenced 9 April 2004 (s 2 (1))\nCriminal Code (Serious Drug Offences) Amendment Act 2004\nA2004-56\nnotified LR 6 September 2004\ns 1, s 2 commenced 6 September 2004 (LA s 75 (1))\nremainder commenced 6 March 2005 (s 2 and LA s 79)\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nremainder commenced 23 November 2005 (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))\nremainder commenced 7 April 2006 (s 2)\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.6\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.6 commenced 6 September 2007 (s 2)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.6\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 27 February 2009 (s 2 and CN2008-17 (and\nsee CN2008-13))\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26\nsch 2 pt 2.6\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.6 commenced 14 February 2009 (s 2 and LA s 79)\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.6\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 30 May 2009 (s 2 and CN2009-4)\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.6\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.6 commenced 4 September 2009 (s 2)\nPersonal Property Securities Act 2010 A2010-15 sch 2 pt 2.2\nnotified LR 1 April 2010\ns 1, s 2 commenced 1 April 2010 (LA s 75 (1))\nsch 2 pt 2.2 commenced 30 January 2012 (s 2 (2) (b))\n\nCrimes (Serious Organised Crime) Amendment Act 2010 A2010-25\npt 3\nnotified LR 8 July 2010\ns 1, s 2 commenced 8 July 2010 (LA s 75 (1))\npt 3 commenced 9 July 2010 (s 2)\nCriminal Code Amendment Act 2010 A2010-44\nnotified LR 24 November 2010\ns 1, s 2 commenced 24 November 2010 (LA s 75 (1))\nremainder commenced 25 November 2010 (s 2)\nCrimes Legislation Amendment Act 2011 A2011-7 pt 4\nnotified LR 16 March 2011\ns 1, s 2 commenced 16 March 2011 (LA s 75 (1))\npt 4 commenced 17 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.48\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.48 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.15\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.15 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.11\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.11 commenced 5 June 2012 (s 2 (1))\nCrimes Legislation Amendment Act 2013 A2013-12 pt 5\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 5 commenced 24 April 2013 (s 2)\n\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.10\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.10 commenced 14 June 2013 (s 2)\nCriminal Code (Cheating at Gambling) Amendment Act 2013\nA2013-26\nnotified LR 20 August 2013\ns 1, s 2 commenced 20 August 2013 (LA s 75 (1))\nremainder commenced 21 August 2013 (s 2)\nCrimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 7\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75)\npt 7 commenced 10 December 2013 (s 2 (2))\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.6 (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 1.6 commenced 1 March 2016 (s 2 (as am by A2015-38\namdt 2.54))\nCrimes Legislation Amendment Act 2015 A2015-3 pt 8\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\ns 32 commenced 2 June 2015 (s 2 (2))\npt 8 remainder commenced 3 March 2015 (s 2 (1))\nCourts Legislation Amendment Act 2015 A2015-10 pt 8\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 8 commenced 21 April 2015 (s 2 (2))\n\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.9\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 2.4.9 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\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.13\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.13 commenced 9 December 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.17\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.17 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.10 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.10 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nDiscrimination Amendment Act 2016 A2016-49 sch 1 pt 1.1\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\namdt 1.2, amdt 1.3 commenced 3 April 2017 (s 2 (2))\nsch 1 pt 1.1 remainder commenced 24 August 2016 (s 2 (1))\nCrimes Legislation Amendment Act 2017 (No 2) A2017-9 pt 5\nnotified LR 5 April 2017\ns 1, s 2 commenced 5 April 2017 (LA s 75 (1))\npt 5 commenced 6 April 2017 (s 2)\n\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.\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 4\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 4 commenced 24 May 2017 (s 2 (1))\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.5\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.5 commenced 15 August 2017 (s 2)\nCrimes Legislation Amendment Act 2018 A2018-6 pt 4\nnotified LR 1 March 2018\ns 1, s 2 commenced 1 March 2018 (LA s 75 (1))\npt 4 commenced 2 March 2018 (s 2 (1))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.11\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.11 commenced 22 November 2018 (s 2 (1))\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.9 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\n\nIntegrity Commission Amendment Act 2019 A2019-18\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nCrimes Legislation Amendment Act 2019 A2019-23 pt 6\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 6 commenced 15 August 2019 (s 2 (1))\nDrugs of Dependence (Personal Cannabis Use) Amendment Act 2019\nA2019-34 sch 1 pt 1.1\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\nsch 1 pt 1.1 commenced 31 January 2020 (s 2 (1) and CN2020-1))\nEvidence (Miscellaneous Provisions) Amendment Act 2019 A2019-41\nsch 1 pt 1.1\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\ns 3 commenced 31 January 2020 (s 2 and CN2020-2)\namdt 1.1, amdt 1.12 commenced 31 January 2020 (s 2 and CN2020-2)\nsch 1 pt 1.1 remainder commenced 9 March 2020 (s 2 and CN2020-4)\nJustice Legislation Amendment Act 2020 A2020-42 pt 11\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 11 commenced 28 August 2020 (s 2 (9))\nCrimes Legislation Amendment Act 2021 A2021-6 pt 6\nnotified 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 6 commenced 9 April 2021 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 8\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 8 commenced 11 December 2021 (s 2 (3))\n\nCrimes Legislation Amendment Act 2023 A2023-33 pt 5\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\npt 5 commenced 13 September 2023 (s 2)\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.5\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.5 commenced 30 September 2023 (s 2)\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 6, sch 1 pt 1.4\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\ns 93, ss 95-98 commenced 22 November 2023 (s 2 (1))\nsch 1 pt 1.4 commenced 27 March 2024 (s 2 (2) (a))\npt 6 remainder commenced 1 July 2025 (s 2 (3))\nChildren and Young People Amendment Act 2023 A2023-49 sch 1\npt 1.1 (as am by A2024-3 s 4)\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2024 (s 2 (2) as am by\nA2024-3 s 4)\nChildren and Young People Amendment Act 2024 A2024-3\nnotified LR 19 February 2024\ns 1, s 2 commenced 19 February 2024 (LA s 75 (1))\nremainder commenced 20 February 2024 (s 2)\nNote This Act only amends the Children and Young People\nAmendment Act 2023 A2023-49.\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.27, sch 4\npt 4.50\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.27, sch 4 pt 4.50 commenced 16 November 2025\n(s 2 (1), (9))\n\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 5\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 5 commenced 23 February 2026 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\nCodification\ns 5 am A2017-14 s 11\n(2), (3) exp on the application date (s 5 (3) and see s 10)\nDelayed application of ch 2 to certain offences\ns 8 am A2003-47 s 9, s 10; ss renum R3 LA (see A2003-47 s 11);\nA2005-53 s 4; A2017-14 s 12\nexp on the application date (s 8 (5) and see s 10)\nDelayed application of div 2.3.2 etc\ns 9 om A2006-14 s 4\nDefinitions—applied provisions and application date\ns 10 am A2003-56 amdt 3.128, amdt 3.129; A2004-15 s 4\nsub A2005-53 s 5\nam A2006-14 ss 5-7; A2007-22 amdt 1.23; A2009-24\namdt 1.18; A2013-50 s 17\nsub A2017-14 s 13\nam A2025-29 amdt 4.50\nexp on the application date (s 10 (3) and see s 10 (1))\nEstablishing guilt of offences\ns 12 am A2005-53 s 6, s 7\nDefinitions—conduct and engage in conduct\ns 13 am A2013-26 s 4\nOmissions\ns 16 am A2013-50 s 18\nChildren under 14—criminal responsibility\ns 25 sub A2023-45 s 93, s 94\nChildren 12 and over but under 14—knowledge that conduct wrong\ns 26 sub A2023-45 s 93, s 94\nMental impairment and criminal responsibility\ns 28 am A2005-53 amdt 2.2; A2006-14 s 8; A2021-33 s 16\nMental impairment and other defences\ns 29 am A2005-53 amdt 2.3\nIntoxication—interpretation\ns 30 textual correction R3 (RI)-R55 (RI), R56\nMistake or ignorance of fact—fault elements other than negligence\ns 35 am A2005-53 amdt 2.4\n\nMistake or ignorance of law creating offence\ns 37 om A2005-53 s 8\nLawful purpose\ndiv 2.3.6 hdg ins A2010-44 s 4\nLawful possession\ns 43A ins A2010-44 s 4\nComplicity and common purpose\ns 45 am A2005-53 s 9\n(9)-(11) exp 23 November 2006 (s 45 (11))\nam A2010-25 s 6\nJoint commission\ns 45A ins A2010-25 s 7\nCommission by proxy\ns 46 hdg sub A2005-53 amdt 2.5; A2010-25 s 8\nIncitement\ns 47 am A2018-6 s 17, s 18; ss renum R42 LA; A2023-45 s 95,\ns 96\nGeographical application—double criminality\ns 65 am A2005-53 amdt 2.6\nGeographical application—procedure\ns 66 am A2005-53 amdt 2.7; A2006-14 s 9\nDefinitions—pt 4.1\ns 100 renum as s 400\nPerson to whom property belongs\ns 101 renum as s 401\nThreats\ns 102 renum as s 402\nDamaging property\ns 103 renum as s 403\nArson\ns 104 renum as s 404\nCausing bushfires\ns 105 renum as s 405\nThreat to cause property damage—fear of death or serious harm\ns 106 renum as s 406\nThreat to cause property damage\ns 107 renum as s 407\n\nPossession of thing with intent to damage property\ns 108 renum as s 408\nConsent—pt 4.1 offences\ns 109 renum as s 409\nClaim of right—pt 4.1 offences\ns 110 renum as s 410\nSelf-defence\ns 111 renum as s 411\nDefinitions—pt 4.2\ns 112 renum as s 412\nLimited meaning of access to data etc\ns 113 renum as s 413\nMeaning of unauthorised access, modification or impairment\ns 114 renum as s 414\nUnauthorised access, modification or impairment with intent to commit\nserious offence\ns 115 renum as s 415\nUnauthorised modification of data to cause impairment\ns 116 renum as s 416\nUnauthorised impairment of electronic communication\ns 117 renum as s 417\nPossession of data with intent to commit serious computer offence\ns 118 renum as s 418\nProducing, supplying or obtaining data with intent to commit serious\ns 119 renum as s 419\nUnauthorised access to or modification of restricted data held in computer\ns 120 renum as s 420\nUnauthorised impairment of data held in computer disc, credit card etc\ns 121 renum as s 421\nDefinitions—pt 4.3\ns 122 renum as s 422\nSabotage\ns 123 renum as s 423\nThreaten sabotage\ns 124 renum as s 424\ns 125 renum as s 425\n\nRepeal of Criminal Code 2001\ns 126 om LA s 89 (3)\nConsequential amendments—sch 1\ns 127 om R1 LA\nTheft, fraud, bribery and related offences\nch 3 hdg ins A2004-15 s 5\nInterpretation for ch 3\npt 3.1 hdg ins A2004-15 s 5\nDefinitions—ch 3\ns 300 ins A2004-15 s 5\ndef belongs ins A2004-15 s 5\ndef cause ins A2004-15 s 5\ndef dishonest ins A2004-15 s 5\ndef duty ins A2004-15 s 5\ndef gain ins A2004-15 s 5\ndef loss ins A2004-15 s 5\ndef obtain ins A2004-15 s 5\nam A2013-26 s 5\ndef public duty ins A2004-15 s 5\ndef public official ins A2004-15 s 5\ndef services ins A2004-15 s 5\ndef supply ins A2004-15 s 5\ndef territory public official ins A2004-15 s 5\nam A2007-22 amdt 1.24; A2015-10 s 29; A2018-52\namdt 1.73; pars renum R45 LA; A2023-37 amdt 1.8; pars\nrenum R52 LA\nPerson to whom property belongs for ch 3\ns 301 ins A2004-15 s 5\nDishonesty a matter for trier of fact\ns 302 ins A2004-15 s 5\nTheft and related offences\npt 3.2 hdg ins A2004-15 s 5\nInterpretation for pt 3.2\ndiv 3.2.1 hdg ins A2004-15 s 5\nDishonesty for pt 3.2\ns 303 ins A2004-15 s 5\nam A2013-19 amdt 3.70\nAppropriation of property for pt 3.2\ns 304 ins A2004-15 s 5\nPerson to whom property belongs for pt 3.2\ns 305 ins A2004-15 s 5\n\nIntention of permanently depriving for pt 3.2\ns 306 ins A2004-15 s 5\nGeneral deficiency\ns 307 ins A2004-15 s 5\nIndictable offences for pt 3.2\ndiv 3.2.2 hdg ins A2004-15 s 5\nTheft\ns 308 ins A2004-15 s 5\nRobbery\ns 309 ins A2004-15 s 5\nAggravated robbery\ns 310 ins A2004-15 s 5\nBurglary\ns 311 ins A2004-15 s 5\nAggravated burglary\ns 312 ins A2004-15 s 5\nReceiving\ns 313 ins A2004-15 s 5\nam A2013-50 s 19\nReceiving—meaning of stolen property\ns 314 ins A2004-15 s 5\nsub A2013-50 s 20\nGoing equipped for theft etc\ns 315 ins A2004-15 s 5\nGoing equipped with offensive weapon for theft etc\ns 316 ins A2004-15 s 5\nMaking off without payment\ns 317 reloc and renum as s 322A\nTaking etc motor vehicle without consent\ns 318 ins A2004-15 s 5\nam A2017-21 amdt 1.14\nSummary offences for pt 3.2\ndiv 3.2.3 hdg ins A2004-15 s 5\nreloc A2008-44 amdt 1.48\nDishonestly taking territory property\ns 319 ins A2004-15 s 5\nDishonestly retaining territory property\ns 320 ins A2004-15 s 5\n\nMinor theft\ns 321 ins A2004-15 s 5\nRemoval of articles on public exhibition\ns 322 ins A2004-15 s 5\nMaking off without payment\ns 322A (prev s 317) ins A2004-15 s 5\nreloc and renum as s 322A A2008-44 amdt 1.47\nMaking off without payment—minor offence\ns 323 ins A2004-15 s 5\nUnlawful possession of stolen property\ns 324 ins A2004-15 s 5\nam A2011-7 s 10\nFraudulent conduct\npt 3.3 hdg ins A2004-15 s 5\nInterpretation for pt 3.3\ndiv 3.3.1 hdg ins A2004-15 s 5\nDefinitions—pt 3.3\ns 325 ins A2004-15 s 5\ndef account ins A2004-15 s 5\ndef deception ins A2004-15 s 5\nObtaining property by deception\ndiv 3.3.2 hdg ins A2004-15 s 5\nObtaining property by deception\ns 326 ins A2004-15 s 5\nDishonesty for div 3.3.2\ns 327 ins A2004-15 s 5\nMeaning of obtains for div 3.3.2\ns 328 ins A2004-15 s 5\nIntention of permanently depriving—div 3.3.2\ns 329 ins A2004-15 s 5\nMoney transfers\ns 330 ins A2004-15 s 5\nGeneral deficiency for div 3.3.2\ns 331 ins A2004-15 s 5\nOther indictable offences for pt 3.3\ndiv 3.3.3 hdg ins A2004-15 s 5\nObtaining financial advantage by deception\ns 332 ins A2004-15 s 5\n\nGeneral dishonesty\ns 333 ins A2004-15 s 5\nConspiracy to defraud\ns 334 ins A2004-15 s 5\nSummary offences for pt 3.3\ndiv 3.3.4 hdg ins A2004-15 s 5\nObtaining financial advantage from the Territory\ns 335 ins A2004-15 s 5\nam A2005-53 s 10, s 11\nPassing valueless cheques\ns 336 ins A2004-15 s 5\nam A2005-53 amdt 2.8\nFalse or misleading statements, information and documents\npt 3.4 hdg ins A2004-15 s 5\nMaking false statements on oath or in statutory declarations\ns 336A ins A2005-53 s 12\nMaking false or misleading statements\ns 337 ins A2004-15 s 5\nam A2005-53 amdt 2.9, amdt 2.10; A2013-19 amdt 3.71\nGiving false or misleading information\ns 338 ins A2004-15 s 5\nam A2005-53 amdt 2.11, amdt 2.12\nProducing false or misleading documents\ns 339 ins A2004-15 s 5\nBlackmail\npt 3.5 hdg ins A2004-15 s 5\nMeaning of menace for pt 3.5\ns 340 ins A2004-15 s 5\nMeaning of unwarranted demand with a menace for pt 3.5\ns 341 ins A2004-15 s 5\nBlackmail\ns 342 ins A2004-15 s 5\nForgery and related offences\npt 3.6 hdg ins A2004-15 s 5\nInterpretation for pt 3.6\ndiv 3.6.1 hdg ins A2004-15 s 5\n\nDefinitions—pt 3.6\ns 343 ins A2004-15 s 5\ndef document ins A2004-15 s 5\ndef false document ins A2004-15 s 5\nMeaning of false document etc for pt 3.6\ns 344 ins A2004-15 s 5\nInducing acceptance that document genuine\ns 345 ins A2004-15 s 5\nOffences for pt 3.6\ndiv 3.6.2 hdg ins A2004-15 s 5\nForgery\ns 346 ins A2004-15 s 5\nUsing false document\ns 347 ins A2004-15 s 5\nPossessing false document\ns 348 ins A2004-15 s 5\nMaking or possessing device etc for making false document\ns 349 ins A2004-15 s 5\nFalse accounting\ns 350 ins A2004-15 s 5\nFalse statement by officer of body\ns 351 ins A2004-15 s 5\nam A2015-3 s 31\nBribery and related offences\npt 3.7 hdg ins A2004-15 s 5\nInterpretation for pt 3.7\ndiv 3.7.1 hdg ins A2004-15 s 5\nDefinitions—pt 3.7\ns 352 ins A2004-15 s 5\ndef agent ins A2004-15 s 5\ndef benefit ins A2004-15 s 5\nom A2005-53 amdt 2.13\ndef favour ins A2004-15 s 5\ndef function ins A2004-15 s 5\ndef principal ins A2004-15 s 5\nMeaning of agent and principal for pt 3.7\ns 353 ins A2004-15 s 5\nDishonesty for pt 3.7\ns 354 ins A2004-15 s 5\n\nMeaning of obtain for pt 3.7\ns 355 ins A2004-15 s 5\nOffences for pt 3.7\ndiv 3.7.2 hdg ins A2004-15 s 5\nBribery\ns 356 ins A2004-15 s 5\nam A2005-53 amdt 2.14, amdt 2.15\nOther corrupting benefits\ns 357 ins A2004-15 s 5\nam A2005-53 amdt 2.16\nPayola\ns 358 ins A2004-15 s 5\nam A2005-53 amdt 2.17, amdt 2.18\nAbuse of public office\ns 359 ins A2004-15 s 5\nam A2005-53 amdt 2.19, amdt 2.20; A2023-37 amdt 1.9\nImpersonation or obstruction of territory public officials\npt 3.8 hdg ins A2004-15 s 5\nIndictable offences for pt 3.8\ndiv 3.8.1 hdg ins A2004-15 s 5\nom A2008-44 amdt 1.49\nImpersonating territory public official\ns 360 ins A2004-15 s 5\nam A2005-53 amdt 2.21\nObstructing territory public official\ns 361 ins A2004-15 s 5\nSummary offences for pt 3.8\ndiv 3.8.2 hdg ins A2004-15 s 5\nom A2008-44 amdt 1.50\nImpersonating police officer\ns 362 ins A2004-15 s 5\nam A2012-21 amdt 3.37\nObstructing territory public official—minor offence\ns 363 hdg sub A2008-44 amdt 1.51\nam R43 LA\ns 363 ins A2004-15 s 5\nCheating at gambling\npt 3.8A hdg ins A2013-26 s 6\n\nInterpretation—pt 3.8A\ndiv 3.8A.1 hdg ins A2013-26 s 6\nDefinitions—pt 3.8A\ns 363A ins A2013-26 s 6\ndef bet ins A2013-26 s 6\ndef cause ins A2013-26 s 6\ndef conduct ins A2013-26 s 6\ndef corrupts a betting outcome ins A2013-26 s 6\ndef encourage ins A2013-26 s 6\ndef event ins A2013-26 s 6\ndef financial advantage ins A2013-26 s 6\ndef financial disadvantage ins A2013-26 s 6\ndef obtain ins A2013-26 s 6\nMeaning of cause—pt 3.8A\ns 363B ins A2013-26 s 6\nMeaning of corrupts a betting outcome—pt 3.8A\ns 363C ins A2013-26 s 6\nMeaning of obtain—pt 3.8A\ns 363D ins A2013-26 s 6\nProof of certain matters not required for offences against part 3.8A\ns 363E ins A2013-26 s 6\nOffences—pt 3.8A\ndiv 3.8A.2 hdg ins A2013-26 s 6\nConduct that corrupts betting outcome\ns 363F ins A2013-26 s 6\nBet with information about corrupt betting outcome\ns 363G ins A2013-26 s 6\nBet with inside information\ns 363H ins A2013-26 s 6\nProcedural matters for ch 3\npt 3.9 hdg ins A2004-15 s 5\nGeneral—pt 3.9\ndiv 3.9.1 hdg ins A2004-15 s 5\nStolen property held by dealers etc—owners rights\ns 364 ins A2004-15 s 5\nStolen property held by police—disposal\ns 365 ins A2004-15 s 5\n\nProcedure and evidence—theft, receiving etc\ns 366 ins A2004-15 s 5\nam A2015-50 amdt 3.85\nCertain proceedings not to be heard together\ns 367 ins A2004-15 s 5\nIndictment for offence relating to deeds, money etc\ns 368 ins A2004-15 s 5\nTheft of motor vehicle—cancellation of licence\ns 369 ins A2004-15 s 5\nam A2017-21 amdt 1.15\nAlternative verdicts—ch 3\ndiv 3.9.2 hdg ins A2004-15 s 5\nAlternative verdicts—aggravated robbery and robbery\ns 369A ins A2017-9 s 7\nAlternative verdicts—aggravated burglary and burglary\ns 369B ins A2017-9 s 7\nAlternative verdicts—theft and taking motor vehicle without consent\ns 370 ins A2004-15 s 5\nAlternative verdicts—theft or obtaining property by deception and receiving\ns 371 ins A2004-15 s 5\nAlternative verdicts—theft and obtaining property by deception\ns 372 ins A2004-15 s 5\nVerdict of ‘theft or receiving’ etc\ns 373 ins A2004-15 s 5\nAlternative verdicts—making false or misleading statements\ns 374 ins A2004-15 s 5\nForfeiture—ch 3\ndiv 3.9.3 hdg ins A2004-15 s 5\nGoing equipped offences—forfeiture\ns 375 ins A2004-15 s 5\nUnlawful possession offence—forfeiture\ns 376 ins A2004-15 s 5;\nam A2016-13 amdt 1.52\n\nUnlawful possession offence—disposal of forfeited property by public\ntrustee and guardian\ns 377 hdg am A2016-13 amdt 1.52\ns 377 ins A2004-15 s 5\nam A2010-15 amdt 2.2; ss renum R21 LA; A2012-21\namdt 3.38; A2016-13 amdt 1.52, amdt 1.53; A2025-29\namdt 4.50\nUnlawful possession offence—return of or compensation for forfeited\nproperty\ns 378 ins A2004-15 s 5\nam A2016-13 amdt 1.54\nForgery offences—forfeiture\ns 379 ins A2004-15 s 5\nDefinitions—pt 4.1\ns 400 (prev s 100) def property sub A2004-15 s 6\nrenum A2004-15 s 7\nPerson to whom property belongs\ns 401 (prev s 101) renum A2004-15 s 7\nMeaning of threat for pt 4.1\ns 402 (prev s 102) renum A2004-15 s 7\nsub A2005-53 amdt 2.22\nDamaging property\ns 403 (prev s 103) renum A2004-15 s 7\nArson\ns 404 (prev s 104) renum A2004-15 s 7\nam A2013-19 amdt 3.72\nCausing bushfires\ns 405 (prev s 105) renum A2004-15 s 7\nThreat to cause property damage—fear of death or serious harm\ns 406 (prev s 106) renum A2004-15 s 7\nThreat to cause property damage\ns 407 (prev s 107) renum A2004-15 s 7\nam A2013-19 amdt 3.72\nPossession of thing with intent to damage property\ns 408 (prev s 108) renum A2004-15 s 7\nDefences—pt 4.1\ndiv 4.1.3 hdg note sub A2013-19 amdt 3.73\nConsent—pt 4.1 offences\ns 409 (prev s 109) renum A2004-15 s 7\n\nClaim of right—pt 4.1 offences\ns 410 (prev s 110) renum A2004-15 s 7\nSelf-defence\ns 411 (prev s 111) renum A2004-15 s 7\nDefinitions—pt 4.2\ns 412 (prev s 112) renum A2004-15 s 7\ndef impairment sub A2025-29 amdt 3.77\nLimited meaning of access to data etc\ns 413 (prev s 113) renum A2004-15 s 7\nMeaning of unauthorised access, modification or impairment\ns 414 (prev s 114) renum A2004-15 s 7\nUnauthorised access, modification or impairment with intent to commit\nserious offence\ns 415 (prev s 115) renum A2004-15 s 7\nam A2013-19 amdt 3.74\nUnauthorised modification of data to cause impairment\ns 416 (prev s 116) renum A2004-15 s 7\nUnauthorised impairment of electronic communication\ns 417 (prev s 117) renum A2004-15 s 7\nPossession of data with intent to commit serious computer offence\ns 418 (prev s 118) renum A2004-15 s 7\nProducing, supplying or obtaining data with intent to commit serious\ns 419 (prev s 119) renum A2004-15 s 7\nUnauthorised access to or modification of restricted data held in computer\ns 420 (prev s 120) renum A2004-15 s 7\nUnauthorised impairment of data held in computer disc, credit card etc\ns 421 (prev s 121) renum A2004-15 s 7\nDefinitions—pt 4.3\ns 422 (prev s 122) renum A2004-15 s 7\nSabotage\ns 423 (prev s 123) renum A2004-15 s 7\nThreaten sabotage\ns 424 (prev s 124) renum A2004-15 s 7\nam A2005-53 amdt 2.23; A2013-19 amdt 3.74\nMiscellaneous\nch 5 hdg reloc and renum as ch 8 hdg\n\ns 425 reloc and renum as s 800\nSerious drug offences\nch 6 hdg ins A2004-56 s 5\nInterpretation for ch 6\npt 6.1 hdg ins A2004-56 s 5\nDefinitions—ch 6\ns 600 am A2019-23 s 27\ndef cannabis ins A2004-56 s 5\nsub A2019-23 s 26\ndef cannabis plant ins A2004-56 s 5\ndef commercial quantity ins A2004-56 s 5\ndef conceal ins A2004-56 s 5\ndef controlled drug ins A2004-56 s 5\ndef controlled plant ins A2004-56 s 5\ndef controlled precursor ins A2004-56 s 5\ndef cultivates ins A2004-56 s 5\ndef cultivation ins A2004-56 s 5\ndef large commercial quantity ins A2004-56 s 5\ndef manufacture ins A2004-56 s 5\ndef manufactures ins A2004-56 s 5\ndef possession ins A2004-56 s 5\ndef prepare ins A2004-56 s 5\ndef sell ins A2004-56 s 5\ndef supply ins A2004-56 s 5\ndef trafficable quantity ins A2004-56 s 5\ndef traffics ins A2004-56 s 5\nam R7 LA\ndef transport ins A2004-56 s 5\nMeaning of trafficable quantity, commercial quantity and large commercial\nquantity\ns 601 ins A2004-56 s 5\nTrafficking in controlled drugs\npt 6.2 hdg ins A2004-56 s 5\nMeaning of trafficking\ns 602 ins A2004-56 s 5\nTrafficking in controlled drug\ns 603 ins A2004-56 s 5\nam A2011-7 s 11\nTrafficking offence—presumption if trafficable quantity possessed etc\ns 604 ins A2004-56 s 5\nam A2015-50 amdt 3.86\n\nComplicity, incitement and conspiracy offences do not apply to buyers of\ndrugs\ns 605 ins A2004-56 s 5\nam A2008-26 amdt 2.14; A2019-34 amdt 1.1\nManufacturing controlled drugs and precursors\npt 6.3 hdg ins A2004-56 s 5\nMeaning of manufacture\ns 606 ins A2004-56 s 5\nManufacturing controlled drug for selling\ns 607 ins A2004-56 s 5\nManufacturing offence—presumption if trafficable quantity manufactured\ns 608 ins A2004-56 s 5\nManufacturing controlled drug\ns 609 ins A2004-56 s 5\nSelling controlled precursor for manufacture of controlled drug\ns 610 ins A2004-56 s 5\nManufacturing controlled precursor for manufacture of controlled drug\ns 611 ins A2004-56 s 5\nPossessing controlled precursor\ns 612 ins A2004-56 s 5\nPossessing offence—presumption if controlled precursor possessed to\nmanufacture controlled drug\ns 612A ins A2013-12 s 23\nSupplying substance, equipment or instructions for manufacturing\ns 613 ins A2004-56 s 5\nam A2013-12 s 24\nPossessing substance, equipment or instructions for manufacturing\ns 614 ins A2004-56 s 5\nam A2008-26 amdt 2.14; A2013-12 s 24; A2019-34 amdt 1.1\nPossessing tablet press\ns 614A ins A2013-12 s 25\nCultivating controlled plants\npt 6.4 hdg ins A2004-56 s 5\nMeaning of cultivate\ns 615 ins A2004-56 s 5\nCultivating controlled plant for selling\ns 616 ins A2004-56 s 5\n\nCultivating offence—presumption if trafficable quantity cultivated\ns 617 ins A2004-56 s 5\nCultivating controlled plant\ns 618 ins A2004-56 s 5\nSelling controlled plant\ns 619 ins A2004-56 s 5\nSupplying plant material, equipment or instructions for cultivating controlled\nplant\ns 620 ins A2004-56 s 5\nam A2013-12 s 26\nPossessing plant material, equipment or instructions for cultivating\ncontrolled plant\ns 621 ins A2004-56 s 5\nam A2013-12 s 26\nDisplay of drug pipes\npt 6.4A hdg ins A2015-3 s 32\nDisplay of drug pipes\ns 621A ins A2015-3 s 32\nDrug offences involving children\npt 6.5 hdg ins A2004-56 s 5\nSupplying controlled drug to child for selling\ns 622 ins A2004-56 s 5\nSupplying offence—presumption if trafficable quantity supplied etc\ns 623 ins A2004-56 s 5\nProcuring child to traffic in controlled drug\ns 624 ins A2004-56 s 5\nSupplying controlled drug to child\ns 625 ins A2004-56 s 5\nChildren not criminally responsible for offences against pt 6.5\ns 626 ins A2004-56 s 5\nGeneral provisions for drug offences\npt 6.6 hdg ins A2004-56 s 5\nApplication—pt 6.6\ns 627 ins A2004-56 s 5\nCarrying on business of trafficking\ns 628 ins A2004-56 s 5\nSingle offence for trafficking etc on different occasions\ns 629 ins A2004-56 s 5\n\nSingle offence for different parcels trafficked etc on the same occasion\ns 630 ins A2004-56 s 5\nSingle offence—working out quantities if different kinds of controlled drug\netc involved\ns 631 ins A2004-56 s 5; pars renum R51 LA\nKnowledge or recklessness about identity of controlled drugs, plants and\nprecursors\ns 632 ins A2004-56 s 5\nAlternative verdicts—mistaken belief about identity of controlled drug,\nprecursor or plant\ns 633 ins A2004-56 s 5\nAlternative verdicts—mistaken belief about quantity of controlled drug,\nprecursor or plant\ns 634 ins A2004-56 s 5\nAlternative verdicts—different quantities\ns 635 ins A2004-56 s 5\nAlternative verdicts—trafficking and obtaining property by deception\ns 636 ins A2004-56 s 5\nAlternative verdicts—trafficking in or possessing controlled drug\ns 636A ins A2011-7 s 12\nam A2019-34 amdt 1.2; pars renum R46 LA\nOffences relating to property derived from drug offences\npt 6.7 hdg ins A2004-56 s 5\nMeaning of drug offence\ns 637 ins A2004-56 s 5\nProperty directly or indirectly derived from drug offence\ns 638 ins A2004-56 s 5\nConcealing etc property derived from drug offence\ns 639 ins A2004-56 s 5\nReceiving property directly derived from drug offence\ns 640 ins A2004-56 s 5\nApplication of ch 6\npt 6.8 hdg ins A2004-56 s 5\nom R16 LA\n\nUncertainty about when conduct engaged in\ns 641 ins A2004-56 s 5\nexp 6 March 2010 (s 641 (3))\nParticipation in criminal groups\nch 6A hdg ins A2010-25 s 9\nMeaning of criminal activity—ch 6A\ns 650 ins A2010-25 s 9\nMeaning of criminal group—ch 6A\ns 651 ins A2010-25 s 9\nParticipating in a criminal group\ns 652 ins A2010-25 s 9\nParticipating in a criminal group—causing harm\ns 653 ins A2010-25 s 9\nam A2013-12 s 27\nParticipating in a criminal group—property damage\ns 654 ins A2010-25 s 9\nam A2013-12 ss 28-30; A2013-19 amdt 3.75\nRecruiting people to engage in criminal activity\ns 655 ins A2010-25 s 9\nam A2023-45 s 97; ss renum R53 LA\nAdministration of justice offences\nch 7 hdg ins A2005-53 s 13\nInterpretation for ch 7\npt 7.1 hdg ins A2005-53 s 13\nDefinitions—ch 7\ns 700 ins A2005-53 s 13\ndef aggravated perjury ins A2005-53 s 13\ndef causes ins A2005-53 s 13\ndef evidence ins A2005-53 s 13\ndef intermediary ins A2019-41 amdt 1.1\ndef interpreter ins A2005-53 s 13\ndef law enforcement officer ins A2005-53 s 13\nam A2015-50 amdt 3.87; A2018-42 amdt 3.40\ndef legal proceeding ins A2005-53 s 13\ndef perjury ins A2005-53 s 13\ndef statement ins A2005-53 s 13\ndef sworn statement ins A2005-53 s 13\ndef subpoena ins A2005-53 s 13\ndef witness ins A2005-53 s 13\nMeaning of legal proceeding for ch 7\ns 701 ins A2005-53 s 13\n\nIndictable offences for ch 7\npt 7.2 hdg ins A2005-53 s 13\nPerjury\ndiv 7.2.1 hdg ins A2005-53 s 13\nAggravated perjury\ns 702 ins A2005-53 s 13\nam A2019-41 amdt 1.2\nPerjury\ns 703 ins A2005-53 s 13\nam A2019-41 amdt 1.3\nAdditional provisions about perjury or aggravated perjury\ns 704 ins A2005-53 s 13\nam A2011-48 amdt 1.21\nFalsifying, destroying or concealing evidence\ndiv 7.2.2 hdg ins A2005-53 s 13\nMaking or using false evidence\ns 705 ins A2005-53 s 13\nDestroying or concealing evidence\ns 706 ins A2005-53 s 13\nProtection of people involved in legal proceedings\ndiv 7.2.3 hdg ins A2005-53 s 13\nCorruption in relation to legal proceedings\ns 707 ins A2005-53 s 13\nam A2019-41 amdts 1.4-1.7; pars renum R47 LA\nDeceiving witness, interpreter, intermediary or juror\ns 708 hdg sub A2019-41 amdt 1.10\ns 708 ins A2005-53 s 13\nam A2019-41 amdt 1.9\nThreatening etc witness, interpreter, intermediary or juror\ns 709 hdg sub A2019-41 amdt 1.10\ns 709 ins A2005-53 s 13\nam A2019-41 amdt 1.11\nThreatening etc participant in criminal investigation\ns 709A ins A2010-25 s 10\nam A2019-41 amdt 1.12; pars renum R46 LA\nPreventing attendance etc of witness, interpreter, intermediary or juror\ns 710 hdg sub A2019-41 amdt 1.13\ns 710 ins A2005-53 s 13\nam A2019-41 amdt 1.14\n\nPreventing production of thing in evidence\ns 711 ins A2005-53 s 13\nReprisal against person involved in proceeding\ns 712 ins A2005-53 s 13\nam A2019-41 amdt 1.15, amdt 1.16\nPublishing identifying information about childrens proceedings\ns 712A ins A2008-19 amdt 1.84\nam A2011-22 amdt 1.151; A2014-51 amdt 1.37; A2015-38\namdt 2.77; A2016-42 amdt 3.51, amdt 3.52; pars renum R39\nLA; A2023-45 amdt 1.28; A2023-49 amdts 1.1-1.3\nPerverting the course of justice and related offences\ndiv 7.2.4 hdg ins A2005-53 s 13\nPerverting the course of justice\ns 713 ins A2005-53 s 13\nPublication that could cause miscarriage of justice\ns 714 ins A2005-53 s 13\nFalse accusation of offence\ns 715 ins A2005-53 s 13\nCompounding of offence\ns 716 ins A2005-53 s 13\nAccessory after the fact\ns 717 ins A2005-53 s 13\nIndictable offences for ch 7\npt 7.3 hdg ins as pt 7.2 hdg A2005-53 s 13\nrenum R7 LA\nPleading guilty in another’s name\ns 718 ins A2005-53 s 13\nFailing to attend\ns 719 ins A2005-53 s 13\nFailing to produce document or other thing\ns 720 ins A2005-53 s 13\nFailing to take oath\ns 721 ins A2005-53 s 13\nFailing to answer question or give information\ns 722 ins A2005-53 s 13\nMaking etc false or misleading statements in legal proceeding\ns 723 ins A2005-53 s 13\n\nObstructing etc legal proceeding\ns 724 ins A2005-53 s 13\nObstructing or hindering investigation\ns 725 ins A2005-53 s 13\nProcedural matters for ch 7\npt 7.4 hdg ins as pt 7.3 hdg A2005-53 s 13\nrenum R7 LA\nConsent required for certain prosecutions\ns 726 ins A2005-53 s 13\nam A2019-41 amdt 1.17\nAlternative verdicts—aggravated perjury and perjury\ns 727 ins A2005-53 s 13\nAlternative verdicts—perverting the course of justice and publication that\ncould cause miscarriage of justice\ns 728 ins A2005-53 s 13\nOther offences\nch 7A hdg ins A2016-49 amdt 1.1\nSerious vilification\npt 7A.1 hdg ins A2023-33 s 19\nSerious vilification\ns 750 ins A2016-49 amdt 1.1\nam A2016-49 amdt 1.2, amdt 1.3; pars renum R37 LA;\nA2020-42 ss 54-57; pars renum R48 LA; A2021-6 s 18;\nA2026-4 ss 15-17; pars renum R58 LA\nPublic display of Nazi symbols\npt 7A.2 hdg ins A2023-33 s 20\nMeaning of Nazi symbol—pt 7A.2\ns 751 ins A2023-33 s 20\nPublic display of Nazi symbols\ns 752 ins A2023-33 s 20\nDirection to remove Nazi symbol from public display\ns 753 ins A2023-33 s 20\nOther offences\npt 7A.3 hdg ins A2023-33 s 20\nUnauthorised entry of motor vehicle\ns 754 ins A2023-33 s 20\nMiscellaneous\nch 8 hdg (prev ch 5 hdg) reloc and renum as ch 8 hdg by A2004-56 s 4\n\ns 800 (prev s 125) renum as s 425 by A2004-15 s 7\nreloc and renum as s 800 by A2004-56 s 4\nam A2025-29 amdt 4.50\nReview of amendments made by Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023\ns 801 ins A2023-45 s 98\nexp 22 November 2030 (s 801 (2))\nCrimes Act 1900—Offences for which children 12 years old and older but\nunder 14 years old are criminally responsible\nsch 1 om R1 LA\nins A2023-45 s 99\ndict am A2005-53 s 14; A2010-25 s 11; A2012-21 amdt 3.39;\nA2016-13 amdt 1.55; A2023-33 s 21\ndef account ins A2004-15 s 8\ndef agent ins A2004-15 s 8\ndef aggravated burglary ins A2004-15 s 8\ndef aggravated perjury ins A2005-53 s 15\ndef aggravated robbery ins A2004-15 s 8\ndef application date ins A2017-14 s 14\ndef applied provisions ins A2005-53 s 15\ndef belongs ins A2004-15 s 8\ndef benefit ins A2004-15 s 8\nsub A2005-53 s 16\ndef bet ins A2013-26 s 7\ndef burglary ins A2004-15 s 8\ndef cannabis ins A2004-56 s 6\ndef cannabis plant ins A2004-56 s 6\ndef cause ins A2004-15 s 8\nsub A2013-26 s 8; A2025-29 amdt 3.78\ndef causes am A2005-53 s 17\ndef commercial quantity ins A2004-56 s 6\ndef conceal ins A2004-56 s 6\ndef conduct sub A2013-26 s 9\ndef controlled drug ins A2004-56 s 6\ndef controlled plant ins A2004-56 s 6\n\ndef controlled precursor ins A2004-56 s 6\ndef corrupts a betting outcome ins A2013-26 s 10\ndef create ins A2005-53 s 18\ndef creates om A2005-53 s 18\ndef criminal activity ins A2010-25 s 12\ndef criminal group ins A2010-25 s 12\ndef cultivates ins A2004-56 s 6\ndef cultivation ins A2004-56 s 6\ndef damage sub A2025-29 amdt 3.78\ndef deception ins A2004-15 s 8\ndef default application date om A2017-14 s 15\ndef detriment ins A2005-53 s 19\ndef directly derived ins A2004-56 s 6\ndef dishonest ins A2004-15 s 8\ndef document ins A2004-15 s 8\ndef drug offence ins A2004-56 s 6\ndef duty ins A2004-15 s 8\ndef encourage ins A2013-26 s 10\ndef event ins A2013-26 s 10\ndef evidence ins A2005-53 s 19\ndef explosive ins A2004-15 s 8\ndef false document ins A2004-15 s 8\ndef fault element of basic intent am A2015-50 amdt 3.88\ndef favour ins A2004-15 s 8\ndef financial advantage ins A2013-26 s 10\ndef financial disadvantage ins A2013-26 s 10\ndef firearm ins A2004-15 s 8\ndef forgery ins A2004-15 s 8\ndef function ins A2004-15 s 8\ndef gain ins A2004-15 s 8\ndef harm am A2015-50 amdt 3.89\ndef immediately applied provisions om A2005-53 s 20\ndef impairment sub A2025-29 amdt 3.78\ndef in ins A2005-53 s 21\ndef indirectly derived ins A2004-56 s 6\ndef intermediary ins A2025-29 amdt 3.79\ndef interpreter ins A2005-53 s 21\ndef intoxication am A2015-50 amdt 3.90\ndef irreversible ins A2004-15 s 8\ndef knife ins A2004-15 s 8\ndef large commercial quantity ins A2004-56 s 6\ndef law enforcement officer ins A2005-53 s 21\n\ndef legal burden am A2015-50 amdt 3.91\ndef legal proceeding ins A2005-53 s 21\ndef loss ins A2004-15 s 8\ndef manufacture ins A2004-56 s 6\ndef manufactures ins A2004-56 s 6\ndef menace ins A2004-15 s 8\ndef motor vehicle ins A2017-21 amdt 1.16\ndef Nazi symbol ins A2023-33 s 22\ndef obtain ins A2004-15 s 8\nsub A2013-26 s 11; A2025-29 amdt 3.80\ndef obtaining property by deception ins A2004-15 s 8\ndef offensive weapon ins A2004-15 s 8\ndef perjury ins A2005-53 s 21\ndef possession ins A2004-56 s 6\ndef prepare ins A2004-56 s 6\ndef principal ins A2004-15 s 8\ndef proceeds ins A2004-56 s 6\ndef product ins A2004-56 s 6\ndef property sub A2004-15 s 9; A2013-19 amdt 3.76\ndef public duty ins A2004-15 s 10\ndef public official ins A2004-15 s 10\ndef receiving ins A2004-15 s 10\ndef required geographical nexus sub A2025-29 amdt 3.80\ndef robbery ins A2004-15 s 10\ndef sell ins A2004-56 s 6\ndef self induced am A2015-50 amdt 3.92\ndef services ins A2004-15 s 10\ndef statement ins A2005-53 s 21\ndef subpoena ins A2005-53 s 21\ndef supply ins R7 LA\ndef supply, for ch 3, ins A2004-15 s 10\nom R7 LA\ndef supply, for ch 6, ins A2004-56 s 6\nom R7 LA\ndef sworn statement ins A2005-53 s 21\ndef territory public official ins A2004-15 s 10\ndef theft ins A2004-15 s 10\ndef threat ins A2005-53 s 21\nsub A2013-19 amdt 3.77\ndef trafficable quantity ins A2004-56 s 6\ndef traffics ins A2004-56 s 6\nam R7 LA\n\ndef transport ins A2004-56 s 6\ndef unwarranted demand with a menace ins A2004-15 s 10\ndef witness ins A2005-53 s 21\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\n1 Jan 2003\n1 Jan 2003–\nnot amended new Act\n2 July 2003–\n31 Oct 2003\nnot amended commenced\nprovision\nR3 (RI)\n1 Nov 2003–\n18 Dec 2003\nA2003-47 amendments by\nA2003-47\nR4 (RI)\n19 Dec 2003–\n8 Apr 2004\nA2003-56 amendments by\nA2003-56\nR5 (RI)\n9 Apr 2004\n5 Mar 2005\nA2004-15 amendments by\nA2004-15\nR6 (RI)\n6 Mar 2005–\n22 Nov 2005\nA2004-56 amendments by\nA2004-56\n\nfor\nR7 (RI)\n23 Nov 2005–\n6 Apr 2006\nA2005-53 amendments by\nA2005-53\nR8 (RI)\n7 Apr 2006–\n23 Nov 2006\nA2006-14 amendments by\nA2006-14\nR9 (RI)\n24 Nov 2006–\n5 Sept 2007\nA2006-14 commenced\nexpiry\nR10 (RI)\n6 Sept 2007–\n13 Feb 2009\nA2007-22 amendments by\nA2007-22\nR11 (RI)\n14 Feb 2009–\n26 Feb 2009\nA2008-26\nR12 (RI)\n27 Feb 2009–\nA2008-19\n\nfor\nR13 (RI)\n30 May 2009–\nA2008-44\nR14 (RI)\n2 June 2009–\n3 Sept 2009\nA2008-44 default\napplication date\nunder s 10\nprescribed by\nSL2009-25\nR15 (RI)\n4 Sept 2009–\n6 Mar 2010\nA2009-24 amendments by\nA2009-24\nR16 (RI)\n7 Mar 2010–\nA2009-24 commenced\nexpiry\nR17 (RI)\n9 July 2010–\n24 Nov 2010\nA2010-25 amendments by\nA2010-25\nR18 (RI)\n25 Nov 2010–\n16 Mar 2011\nA2010-44 amendments by\nA2010-44\n\nfor\nR19 (RI)\n17 Mar 2011–\nA2011-7 amendments by\nA2011-7\nR20 (RI)\n1 July 2011–\n29 Jan 2012\nA2011-22 amendments by\nA2011-22\nR21 (RI)\n30 Jan 2012–\n29 Feb 2012\nA2011-22 amendments by\nA2010-15\nR22 (RI)\n1 Mar 2012–\nA2011-48 amendments by\nA2011-48\nR23 (RI)\n5 June 2012–\n23 Apr 2013\nA2012-21 amendments by\nA2012-21\nR24 (RI)\n24 Apr 2013–\nA2013-12 amendments by\nA2013-12\n\nfor\nR25 (RI)\n10 May 2013–\nA2013-12 default\napplication date\nunder s 10\nprescribed by\nSL2013-10\nR26 (RI)\n14 June 2013–\n20 Aug 2013\nA2013-19 amendments by\nA2013-19\nR27 (RI)\n21 Aug 2013–\n9 Dec 2013\nA2013-26 amendments by\nA2013-26\nR28 (RI)\n10 Dec 2013–\n2 Mar 2015\nA2013-50 amendments by\nA2013-50\nR29 (RI)\n3 Mar 2015–\n20 Apr 2015\nA2015-3 amendments by\nA2015-3\nR30 (RI)\n21 Apr 2015–\nA2015-10 amendments by\nA2015-10\n\nfor\nR31 (RI)\n2 June 2015–\n7 Oct 2015\nA2015-10 amendments by\nA2015-3\nR32 (RI)\n8 Oct 2015–\n8 Dec 2015\nA2015-10 republication for\nupdated\nendnotes as\nA2015-38\nR33 (RI)\n9 Dec 2015–\n29 Feb 2015\nA2015-50 amendments by\nA2015-50\nR34 (RI)\n1 Mar 2016–\n31 Mar 2016\nA2015-50 republication for\namendments by\nA2014-51 and\nA2015-38\nR35 (RI)\n1 April 2016–\n23 Aug 2016\nA2016-13 amendments by\nA2016-13\n\nfor\nR36 (RI)\n24 Aug 2016-\n2 Apr 2017\nA2016-49 amendments by\nA2016-49\nR37 (RI)\n3 Apr 2017-\n5 Apr 2017\nA2016-49 amendments by\nA2016-49\nR38 (RI)\n6 Apr 2017-\n30 Apr 2017\nA2017-9 amendments by\nA2017-9\nR39 (RI)\n1 May 2017-\nA2017-10 amendments by\nA2016-42 as\nA2017-10\nR40 (RI)\n24 May 2017-\n14 Aug 2017\nA2017-14 amendments by\nA2017-14\nR41 (RI)\n15 Aug 2017–\n1 Mar 2018\nA2017-21 amendments by\nA2017-21\n\nfor\nR42 (RI)\n2 Mar 2018–\n21 Nov 2018\nA2018-6 amendments by\nA2018-6\nR43 (RI)\n22 Nov 2018–\n14 Aug 2019\nA2018-42 amendments by\nA2018-42\nR44 (RI)\n15 Aug 2019–\n30 Nov 2019\nA2019-23 amendments by\nA2019-23\nR45 (RI)\n1 Dec 2019–\n30 Jan 2020\nA2019-23 amendments by\nA2018-52 as\nA2019-18\nR46 (RI)\n31 Jan 2020–\n8 Mar 2020\nA2019-41 amendments by\nA2019-34 and\nA2019-41\nR47 (RI)\n9 Mar 2020–\n27 Aug 2020\nA2019-41 amendments by\nA2019-41\n\nfor\nR48 (RI)\n28 Aug 2020–\n8 Apr 2021\nA2020-42 amendments by\nA2020-42\nR49 (RI)\n9 Apr 2021–\n10 Dec 2021\nA2021-6 amendments by\nA2021-6\nR50 (RI)\n11 Dec 2021–\n12 Sept 2023\nA2021-33 amendments by\nA2021-33\nR51 (RI)\n13 Sept 2023–\n29 Sept 2023\nA2023-33 amendments by\nA2023-33\nR52 (RI)\n30 Sept 2023–\n21 Nov 2023\nA2023-37 amendments by\nA2023-37\nR53 (RI)\n22 Nov 2023–\n26 Mar 2024\nA2023-45 amendments by\n\nfor\nR54 (RI)\n27 Mar 2024–\nA2023-45 amendments by\nR55 (RI)\n1 July 2024–\nA2024-3 amendments by\nA2023-49 as\nA2024-3\n1 July 2025–\n15 Nov 2025\nA2024-3 amendments by\nand textual\n16 Nov 2025\n16 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29","sortOrder":276}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1277},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2002 scope. Major additions include: Chapter 3 (theft/fraud/bribery) added 2004; Chapter 6 (serious drug offences) added 2004; Chapter 6A (criminal groups) added 2010; Chapter 7 (administration of justice) added 2005; Chapter 7A (vilification, Nazi symbols, vehicle entry) added 2016-2023. The original Chapter 2 general principles have also been substantially modified with delayed application provisions, corporate criminal responsibility (2004), and mental impairment amendments (2006). The 2023 amendments lowered the age of criminal responsibility from 10 to 12 years with a 5-year review mechanism."},"complexity_factors":["Extensive cross-referencing between chapters and sections (e.g., definitions in s 300 apply across Chapter 3, but with multiple exceptions and overrides)","Multiple overlapping offence categories with similar elements requiring careful distinction (e.g., theft vs obtaining property by deception vs receiving)","Complex quantity-based sentencing structure for drug offences with three tiers (trafficable/commercial/large commercial) and conversion rules for mixtures","Nested conditional logic throughout—e.g., s 752 on Nazi symbols has 4 subsections with 4 exemption categories each containing multiple examples","Corporate criminal responsibility provisions (ss 49-55) requiring attribution of individual conduct to corporate entities through 'corporate culture' tests","Geographical application rules (Part 2.7) with double criminality requirements and rebuttable presumptions","Alternative verdict provisions scattered across multiple chapters requiring procedural fairness considerations","Dictionary with 80+ defined terms, many with multiple context-specific meanings (e.g., 'obtain' has 3 different definitions in different parts)","Strict and absolute liability provisions applied selectively to physical elements without consistent pattern","Age of criminal responsibility provisions with graduated application (under 14 generally exempt, 12-14 exempt except for schedule offences)"],"plain_english_summary":"The Criminal Code 2002 is the ACT’s principal criminal law: it defines offences, specifies the required physical and fault elements for liability, and sets out key defences (e.g. mental impairment, duress, self‑defence). It also covers theft, fraud, property and computer offences, serious drug and organised‑crime offences, and administration‑of‑justice and public‑order harms.\n\nIt applies to people, businesses and corporations in the ACT (and some conduct connected to it), modernising and clarifying offences, proof and penalties while preserving core protections."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act began as a codification of general principles of criminal responsibility (s 6) but has been expanded, over time, into a comprehensive penal code that reaches many modern and specific risks. Subsequent insertions and amendments added whole new offence areas and mechanisms: cyber and sabotage offences (part 4.2; ss 415–421; ss 423–424), a participation‑in‑criminal‑groups chapter (ch 6A, ss 650–655), cheating‑at‑gambling provisions (pt 3.8A, ss 363F–363H), content‑targeted offences (serious vilification s 750; public display of Nazi symbols ss 751–753), and retail restrictions (display of drug pipes s 621A). The Code’s corporate liability rules (ss 49–55) broadened how the state can hold organisations accountable by reference to corporate culture and high‑manager agents. The Code also now includes detailed quantity‑based drug presumptions and procedural refinements (eg alternative verdicts, extraterritorial application, prosecutorial consent and review obligations such as s 801). Those additions extend the original purpose from setting general criminal principles to creating numerous targeted prohibitions and administrative gates, increasing enforcement reach, compliance obligations and cross‑act interactions."},"complexity_factors":["Around 800 sections (s 1–s 801 plus schedule and dictionary) spanning many substantive areas","Large dictionary and numerous signpost definitions (dictionary integrated into the Act; many part‑specific defs such as pt 3.8A, pt 4.2, ch 6)","Multiple cross-references to other Territory and Commonwealth Acts (Drugs of Dependence Act, Evidence Act, Children and Young People Act, Road Transport Act, Confiscation Act etc)","Several special liability regimes (strict liability s 23; absolute liability s 24) and numerous statutory presumptions (eg s 604 and s 623)","Nested conditional rules and exceptions across parts (intoxication, mental impairment, age rules, lawful possession — ss 27–34, ss 25–26, s 43A)","Complex corporate liability test with multiple proofs (board/high managerial agent, corporate culture, failure to exercise diligence — ss 51–55)","Geographical application with rebuttable/conclusive presumptions and double criminality carve-outs (part 2.7, ss 62–67)","Many alternative‑verdict provisions and overlaps between offences (multiple provisions in ch 3 and ch 6 allowing lesser convictions)","Frequent prosecutorial gatekeeping (consent requirements for conspiracy/perjury-related prosecutions — s 48(10); s 726)","New content-specific offences layered on general principles (cheating at gambling, Nazi-symbol display, sabotage, participation-in-groups) increasing topical complexity"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Puts most Territory criminal law into a single Code and sets the basic legal mechanics used across offences (see s 6—purpose; s 5—codification).  The Code states what an offence is made of (physical elements and fault elements — s 11), what kinds of mental fault count (intention, knowledge, recklessness, negligence — ss 17–21), and rules on proof and burdens (prosecution must prove elements beyond reasonable doubt — ss 56–57; limited evidential burdens for defendants — ss 58–60).\n\n- Defines and divides large blocks of criminal conduct into chapters and parts with their own definitions and penalties.  Important substantive areas included in this edition are:\n  - Theft, fraud, bribery and related property offences (ch 3; eg theft s 308, receiving s 313, bribery s 356).\n  - Property damage, arson and sabotage (ch 4; damaging property s 403, arson s 404, sabotage s 423).\n  - Computer/cyber offences (part 4.2; unauthorised access/modification/impairment ss 415–421).\n  - Serious drug offences with quantity-based thresholds and special presumptions (ch 6; definitions ss 600–601; trafficking/manufacturing ss 602–613; cultivating ss 615–621).\n  - Participation in criminal groups (ch 6A; definitions and offences ss 650–655).\n  - Administration of justice offences (perjury, concealing evidence, witness interference — ch 7, ss 702–717) and related procedural rules including prosecutorial consents for some indictable prosecutions (eg s 48(10) and s 726).\n  - Newer/special offences: serious vilification (s 750), public display of Nazi symbols (ss 751–753), display of drug pipes (s 621A), and unauthorised entry of motor vehicles (s 754).\n\n- Sets special liability regimes and presumptions: strict and absolute liability options for particular elements (ss 23–24), statutory presumptions shifting evidential or legal burdens in some large-quantity drug offences (eg s 604; s 623), and alternative-verdict provisions when the evidence fits a lesser offence (various ss in ch 3 and ch 6).\n\n- Covers extensions of responsibility: attempt (s 44), aiding/abetting and complicity (s 45), joint commission and commission by proxy (ss 45A–46), incitement and conspiracy (ss 47–48).  Corporate criminal responsibility is set out with tests that can reach a corporation via board/high-manager conduct or corporate culture (ss 49–55).\n\n- Extends the Territory’s reach beyond its borders where a specified geographical nexus exists (part 2.7; ss 62–67).  It also cross-references and interacts with other Territory and Commonwealth statutes (for example Drugs of Dependence Act, Evidence Act, Children and Young People Act — see integrated definitions and notes throughout).\n\n**Who it affects**\n\n- Individuals in the ACT: everyone is potentially subject to the offences, defences and proof rules in the Code (eg voluntariness s 15; intoxication ss 30–34).\n- Corporations and their officers: corporate liability rules mean businesses can be criminally liable and must consider board and high-manager conduct and corporate culture (ss 49–55).\n- Public officials, legal practitioners and courts: the Code creates offences particular to public-office abuse (eg bribery s 356; abuse of public office s 359) and detailed offences protecting the administration of justice (ch 7).\n- Specific sectors and actors: retailers and occupiers (drug-pipe displays s 621A; Nazi-symbol display s 752; direction to remove s 753), gambling and betting markets (pt 3.8A offences ss 363F–363H), technology operators (computer offences ss 415–421), and those linked to drug markets (ch 6).\n- Children and families: age rules are explicit — children under 14 generally not criminally responsible but limited criminal responsibility applies to some specified offences for children aged 12–13 if the child knows the conduct is wrong (s 25; schedule 1).  The Code contains review and timed provisions connected to recent age-of-responsibility amendments (s 801 requires a review of the 2023 reforms).\n\n**Why it matters (claimed purpose, then practical test)**\n\n- The Act’s stated objective is to codify general principles of criminal responsibility and to provide a coherent set of offences and rules that apply across Territory laws (s 6).  Mechanically, it creates a single reference for what must be proved to convict and how defences operate.\n\n- Practical effects, trade-offs and likely costs/incentives:\n  - Compliance and enforcement costs: corporations now face explicit legal tests about corporate culture and high-manager agents (s 51). That creates an incentive to adopt compliance systems and training, but also a compliance cost (see s 55 on evidencing appropriate diligence).\n  - Prosecutorial discretion and gatekeeping: some serious prosecutions require consent of the Attorney-General or DPP (s 48(10); s 726). That concentrates decision-making in the prosecution services and can reduce variation in charging but increases centralised discretion.\n  - Burdens and presumptions: statutory presumptions (eg when trafficable quantities are found, s 604) shift the evidential or legal burden onto defendants in specified circumstances. Those presumptions reduce prosecution evidential work but increase defence costs and create risks where evidence about intent is otherwise ambiguous.\n  - Extraterritorial reach: part 2.7 allows Territory laws to apply beyond the ACT where a geographical nexus exists (ss 62–67). This broadens enforcement reach but raises double‑criminality and jurisdictional complexity (see s 65 on double criminality and s 66 on rebuttable presumptions about nexus).\n  - Targeted new offences: adding offences such as public display of Nazi symbols (ss 751–753) and cheating at gambling (pt 3.8A, ss 363F–363H) targets specific conduct that legislators consider harmful. These criminalisations transfer risks and enforcement costs to private actors (retailers, event organisers, bettors), and create potential for contested defences (eg genuine academic or cultural use — s 752(2)).\n  - Cyber and sabotage provisions: computer offences (ss 415–421) and sabotage (ss 423–424) are phrased to capture unauthorised access/modification and large‑scale disruption. They impose significant criminal exposure where actors cause or intend major disruption (s 423) and set large maximum penalties.\n  - Children and sentencing policy risk: changes to the age-of-responsibility mechanics (s 25 and schedule 1, plus review s 801) mean a special regime applies for 12–13 year‑olds on a short list of serious offences; that produces concentrated enforcement consequences for those cases and a formal statutory review point.\n\n- Implementation risks and discretion:\n  - Multiple conditional rules (strict/absolute liability, presumptions, alternative verdicts) create many case‑by‑case decisions for prosecutors and courts; this increases litigation on thresholds and on the application of defences (eg intoxication rules ss 30–34; mental impairment ss 27–29).\n  - Cross-references to other Acts and the dictionary mean that practical application depends on other regimes (eg drugs regulation, children’s law, evidence rules).  That raises legal complexity and administrative coordination requirements.\n\n**Concrete who pays / who decides / what behaviour changes (short)**\n- Who pays: defendants bear fines and custodial penalties; corporations may pay larger penalties and face compliance costs to avoid culture-based liability; regulated businesses (retailers, betting operators, device suppliers) face risk of prosecution and must change practices where specified (eg display rules, supply of drug/precursor items).\n- Who decides: prosecutors (DPP/Attorney‑General consent in particular cases — s 726), courts and juries (for fact questions and dishonesty — s 302), and police (eg powers to direct removal of Nazi symbols under s 753).\n- Behaviour changes likely: businesses introducing compliance systems, retailers altering displays, parents and service providers changing practices towards children given special age rules, and increased cybersecurity controls in organisations to avoid cyber and sabotage offences.\n\n**Key statutory references (examples)**\n- General approach to elements and fault: ss 11–22; voluntariness s 15.\n- Corporate liability and corporate culture: ss 49–55 (notably s 51).\n- Cyber offences: part 4.2 (ss 412–421), sabotage: ss 422–424.\n- Drug offences and quantity presumptions: ch 6, ss 600–604, 607–613, 616–621.\n- Criminal groups: ch 6A (ss 650–655).\n- Age rules and review: s 25 and schedule 1; review of age reforms s 801.\n- New symbolic/content offences: serious vilification s 750; Nazi symbol display ss 751–753; drug-pipe display s 621A.\n\nIf you want, I can: (a) extract the exact penalty ranges for a selected set of offences, (b) draft a short compliance checklist for corporate actors to reduce corporate‑culture exposure (s 51), or (c) map which offences impose strict/absolute liability and what defences remain available."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code","history":"/api/acts/criminal-code/history","analysis":"/api/acts/criminal-code/analysis","conflicts":"/api/acts/criminal-code/conflicts","importantCases":"/api/acts/criminal-code/important-cases","documents":"/api/acts/criminal-code/documents"}}