{"id":"qld:act-1899-009","name":"Criminal Code Act 1899","slug":"criminal-code-act-1899","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 1899","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2355,"registerId":"qld-act-1899-009-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Introductory","content":"# Introductory","sortOrder":0},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Offences against public order","content":"# Offences against public order","sortOrder":1},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Offences against the administration of law and justice, against office and against public authority","content":"# Offences against the administration of law and justice, against office and against public authority","sortOrder":2},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Acts injurious to the public in general","content":"# Acts injurious to the public in general","sortOrder":3},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Offences against the person and relating to marriage and parental rights and duties","content":"# Offences against the person and relating to marriage and parental rights and duties","sortOrder":4},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Offences relating to property and contracts","content":"# Offences relating to property and contracts","sortOrder":5},{"sectionNumber":"sch.1-pt.6-div.1","sectionType":"division","heading":"Stealing and like offences","content":"## Stealing and like offences","sortOrder":6},{"sectionNumber":"sch.1-sec.390","sectionType":"section","heading":"Things capable of being stolen","content":"### sch.1-sec.390 Things capable of being stolen\n\nAnything that is the property of any person is capable of being stolen if it is—\nmoveable; or\ncapable of being made moveable, even if it is made moveable in order to steal it.\nsch 1 pt 6 div 1 ch 36 s 390 amd 1986 No. 1 s 26\nsub 1997 No. 3 s 64\n- (a) moveable; or\n- (b) capable of being made moveable, even if it is made moveable in order to steal it.","sortOrder":7},{"sectionNumber":"sch.1-sec.391","sectionType":"section","heading":"Definition of stealing","content":"### sch.1-sec.391 Definition of stealing\n\nA person who fraudulently takes anything capable of being stolen, or fraudulently converts to the person’s own use or to the use of any other person anything capable of being stolen, is said to steal that thing.\nA person who takes or converts anything capable of being stolen is deemed to do so fraudulently if the person does so with any of the following intents, that is to say—\nan intent to permanently deprive the owner of the thing of it;\nan intent to permanently deprive any person who has any special property in the thing of such property;\nan intent to use the thing as a pledge or security;\nan intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;\nan intent to deal with it in such a manner that it can not be returned in the condition in which it was at the time of the taking or conversion;\nin the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner.\nA person who has taken possession of anything capable of being stolen in such circumstances that the thing thereupon is not identifiable is deemed to have taken or converted the thing fraudulently notwithstanding that the property in the thing has passed to the person if, at the time the person transports the thing away, the person has not discharged or made arrangements with the owner or previous owner of the thing for discharging the person’s indebtedness in respect of the thing.\nThe presumption provided for by subsection (2A) is rebuttable.\nThe taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment.\nIn the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it.\nIt is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of the property.\nWhen a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes, on reasonable grounds, that the owner can not be discovered.\nThe act of stealing is not complete until the person taking or converting the thing actually moves it or otherwise actually deals with it by some physical act.\nFor stealing that is a failure to pay an employee, or another person on behalf of the employee, an amount payable to the employee or other person in relation to the performance of work by the employee—\nthe amount is a thing that is capable of being stolen; and\nsubsection (6) does not apply; and\nthe amount is converted to the person’s own use when—\nthe amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and\nthe amount is not paid.\nIn this section—\nAct includes an Act of another State or the Commonwealth.\nindustrial instrument means—\nan industrial instrument under the Industrial Relations Act 2016 , schedule 5 ; or\na fair work instrument under the Fair Work Act 2009 (Cwlth) .\nowner includes the owner, any part owner, or any person having possession or control of, or a special property in, the thing in question.\nspecial property , in a thing, includes—\na charge or lien on the thing; and\na right arising from or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person’s benefit; and\na right of an employee, in relation to the performance of work by the employee—\nto be paid the thing; or\nto have the thing paid to another person on behalf of the employee.\nsch 1 pt 6 div 1 ch 36 s 391 amd 1943 7 Geo 6 No. 14 s 15; 1989 No. 17 s 37 ; 2020 No. 34 s 4\n(sch.1-sec.391-ssec.1) A person who fraudulently takes anything capable of being stolen, or fraudulently converts to the person’s own use or to the use of any other person anything capable of being stolen, is said to steal that thing.\n(sch.1-sec.391-ssec.2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if the person does so with any of the following intents, that is to say— an intent to permanently deprive the owner of the thing of it; an intent to permanently deprive any person who has any special property in the thing of such property; an intent to use the thing as a pledge or security; an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; an intent to deal with it in such a manner that it can not be returned in the condition in which it was at the time of the taking or conversion; in the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner.\n(sch.1-sec.391-ssec.2A) A person who has taken possession of anything capable of being stolen in such circumstances that the thing thereupon is not identifiable is deemed to have taken or converted the thing fraudulently notwithstanding that the property in the thing has passed to the person if, at the time the person transports the thing away, the person has not discharged or made arrangements with the owner or previous owner of the thing for discharging the person’s indebtedness in respect of the thing.\n(sch.1-sec.391-ssec.2B) The presumption provided for by subsection (2A) is rebuttable.\n(sch.1-sec.391-ssec.3) The taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment.\n(sch.1-sec.391-ssec.4) In the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it.\n(sch.1-sec.391-ssec.4A) It is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of the property.\n(sch.1-sec.391-ssec.5) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes, on reasonable grounds, that the owner can not be discovered.\n(sch.1-sec.391-ssec.6) The act of stealing is not complete until the person taking or converting the thing actually moves it or otherwise actually deals with it by some physical act.\n(sch.1-sec.391-ssec.6A) For stealing that is a failure to pay an employee, or another person on behalf of the employee, an amount payable to the employee or other person in relation to the performance of work by the employee— the amount is a thing that is capable of being stolen; and subsection (6) does not apply; and the amount is converted to the person’s own use when— the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and the amount is not paid.\n(sch.1-sec.391-ssec.7) In this section— Act includes an Act of another State or the Commonwealth. industrial instrument means— an industrial instrument under the Industrial Relations Act 2016 , schedule 5 ; or a fair work instrument under the Fair Work Act 2009 (Cwlth) . owner includes the owner, any part owner, or any person having possession or control of, or a special property in, the thing in question. special property , in a thing, includes— a charge or lien on the thing; and a right arising from or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person’s benefit; and a right of an employee, in relation to the performance of work by the employee— to be paid the thing; or to have the thing paid to another person on behalf of the employee.\n- (a) an intent to permanently deprive the owner of the thing of it;\n- (b) an intent to permanently deprive any person who has any special property in the thing of such property;\n- (c) an intent to use the thing as a pledge or security;\n- (d) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;\n- (e) an intent to deal with it in such a manner that it can not be returned in the condition in which it was at the time of the taking or conversion;\n- (f) in the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner.\n- (a) the amount is a thing that is capable of being stolen; and\n- (b) subsection (6) does not apply; and\n- (c) the amount is converted to the person’s own use when— (i) the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and (ii) the amount is not paid.\n- (i) the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and\n- (ii) the amount is not paid.\n- (i) the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and\n- (ii) the amount is not paid.\n- (a) an industrial instrument under the Industrial Relations Act 2016 , schedule 5 ; or\n- (b) a fair work instrument under the Fair Work Act 2009 (Cwlth) .\n- (a) a charge or lien on the thing; and\n- (b) a right arising from or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person’s benefit; and\n- (c) a right of an employee, in relation to the performance of work by the employee— (i) to be paid the thing; or (ii) to have the thing paid to another person on behalf of the employee.\n- (i) to be paid the thing; or\n- (ii) to have the thing paid to another person on behalf of the employee.\n- (i) to be paid the thing; or\n- (ii) to have the thing paid to another person on behalf of the employee.","sortOrder":8},{"sectionNumber":"sch.1-sec.392","sectionType":"section","heading":"Special cases","content":"### sch.1-sec.392 Special cases\n\nWhen a wild animal in the enjoyment of its natural liberty has been killed by any person, the taking of the dead body of the animal by that person, or by any person acting under the person’s orders, before it has been reduced into actual possession by the owner of the land on which the animal was killed or on which it died, is not deemed to be stealing.\nWhen a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to the factor or agent for the purpose of sale or otherwise for any sum of money not greater than the amount due to the factor or agent from his or her principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by the factor or agent for or on account of his or her principal, such dealing with the goods or document of title is not deemed to be stealing.\nsch 1 pt 6 div 1 ch 36 s 392 amd 2008 No. 55 s 65\n(sch.1-sec.392-ssec.1) When a wild animal in the enjoyment of its natural liberty has been killed by any person, the taking of the dead body of the animal by that person, or by any person acting under the person’s orders, before it has been reduced into actual possession by the owner of the land on which the animal was killed or on which it died, is not deemed to be stealing.\n(sch.1-sec.392-ssec.2) When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to the factor or agent for the purpose of sale or otherwise for any sum of money not greater than the amount due to the factor or agent from his or her principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by the factor or agent for or on account of his or her principal, such dealing with the goods or document of title is not deemed to be stealing.","sortOrder":9},{"sectionNumber":"sch.1-sec.393","sectionType":"section","heading":"Funds etc. held under direction","content":"### sch.1-sec.393 Funds etc. held under direction\n\nWhen a person receives, either alone or jointly with another person, any money or valuable security, or a power of attorney for the sale, mortgage, pledge, or other disposition, of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney, was received until the direction has been complied with.\nHowever, if the person receiving the money, security or power of attorney, and the person from whom the person receives it ordinarily deal with each other on such terms that in the absence of any special direction all money paid to the former on account of the latter would be properly treated as an item in a debtor and creditor account between them, the former can not be charged with stealing the money or any such proceeds unless the direction is in writing.\n(sch.1-sec.393-ssec.1) When a person receives, either alone or jointly with another person, any money or valuable security, or a power of attorney for the sale, mortgage, pledge, or other disposition, of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney, was received until the direction has been complied with.\n(sch.1-sec.393-ssec.2) However, if the person receiving the money, security or power of attorney, and the person from whom the person receives it ordinarily deal with each other on such terms that in the absence of any special direction all money paid to the former on account of the latter would be properly treated as an item in a debtor and creditor account between them, the former can not be charged with stealing the money or any such proceeds unless the direction is in writing.","sortOrder":10},{"sectionNumber":"sch.1-sec.394","sectionType":"section","heading":"Funds etc. received by agents for sale","content":"### sch.1-sec.394 Funds etc. received by agents for sale\n\nWhen a person receives, either alone or jointly with another person, any property from another on terms authorising or requiring the person to sell it or otherwise dispose of it, and requiring the person to pay or account for the proceeds of the property, or any part of such proceeds, or to deliver anything received in exchange for the property, to the person from whom it is received, or some other person, then the proceeds of the property, and anything so received in exchange for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds (if any) shall form an item in a debtor and creditor account between the person and the person to whom the person is to pay them or account for them, and that the relation of debtor and creditor only shall exist between them in respect thereof.","sortOrder":11},{"sectionNumber":"sch.1-sec.395","sectionType":"section","heading":"Money received for another","content":"### sch.1-sec.395 Money received for another\n\nWhen a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it.","sortOrder":12},{"sectionNumber":"sch.1-sec.396","sectionType":"section","heading":"Stealing by persons having an interest in the thing stolen","content":"### sch.1-sec.396 Stealing by persons having an interest in the thing stolen\n\nWhen any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to stealing, it is immaterial that the person has a special property or interest therein, or that the person is the owner of the thing taken or converted subject to some special property or interest of some other person therein; or that the person is lessee of the thing, or that the person is 1 of 2 or more joint owners of the thing; or that the person is a director or officer of a corporation or company or society who are the owners of it.","sortOrder":13},{"sectionNumber":"sch.1-sec.397","sectionType":"section","heading":null,"content":"### Section sch.1-sec.397\n\nsch 1 pt 6 div 1 ch 36 s 397 om 2008 No. 55 s 66","sortOrder":14},{"sectionNumber":"sch.1-sec.398","sectionType":"section","heading":"Punishment of stealing","content":"### sch.1-sec.398 Punishment of stealing\n\nAny person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 5 years.\nThe Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nsch 1 pt 6 div 1 ch 36 s 398 amd 1961 10 Eliz 2 No. 11 s 13; 1964 No. 14 s 9 ; 1973 No. 88 s 5 ; 1986 No. 1 s 27 ; 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 38 ; 1997 No. 3 s 65 ; 2002 No. 23 s 12 ; 2008 No. 55 s 67 ; 2014 No. 13 s 4 ; 2014 No. 39 s 29 ; 2016 No. 62 s 125 ; 2020 No. 34 s 5 ; 2024 No. 6 s 36 sch 1 ; 2026 No. 4 s 10\n(sch.1-sec.398-ssec.1) Any person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 5 years.\n(sch.1-sec.398-ssec.2) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\n(sch.1-sec.398-ssec.3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.","sortOrder":15},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":"Punishment in special cases","content":"### sch.1-sec Punishment in special cases","sortOrder":16},{"sectionNumber":"sch.1-sec.1-oc.2","sectionType":"section","heading":"Stealing wills","content":"### sch.1-sec.1-oc.2 Stealing wills\n\nIf the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to 14 years imprisonment.","sortOrder":17},{"sectionNumber":"sch.1-sec.2-oc.2","sectionType":"section","heading":"Stealing stock","content":"### sch.1-sec.2-oc.2 Stealing stock\n\nIf the thing stolen is 1 or more animals and the offender is sentenced to pay a fine, the fine must be at least the following amount for each animal—\nif the animal’s value is determined under a regulation under section 450F —that value or 10 penalty units, whichever is higher;\notherwise—10 penalty units.\nSubclause (1) applies whether the person is sentenced to pay the fine in addition to, or instead of, imprisonment.\nSubclause (1) applies whether the person is liable to imprisonment for 5 years or a longer period under this section.\nIn this clause—\nanimal means an animal that is stock.\n(sch.1-sec.2-oc.2-ssec.1) If the thing stolen is 1 or more animals and the offender is sentenced to pay a fine, the fine must be at least the following amount for each animal— if the animal’s value is determined under a regulation under section 450F —that value or 10 penalty units, whichever is higher; otherwise—10 penalty units.\n(sch.1-sec.2-oc.2-ssec.2) Subclause (1) applies whether the person is sentenced to pay the fine in addition to, or instead of, imprisonment.\n(sch.1-sec.2-oc.2-ssec.3) Subclause (1) applies whether the person is liable to imprisonment for 5 years or a longer period under this section.\n(sch.1-sec.2-oc.2-ssec.4) In this clause— animal means an animal that is stock.\n- (a) if the animal’s value is determined under a regulation under section 450F —that value or 10 penalty units, whichever is higher;\n- (b) otherwise—10 penalty units.","sortOrder":18},{"sectionNumber":"sch.1-sec.4-oc.2","sectionType":"section","heading":"Stealing from the person—stealing goods in transit etc.","content":"### sch.1-sec.4-oc.2 Stealing from the person—stealing goods in transit etc.\n\nIf the offence is committed under any of the circumstances following, that is to say—\nif the thing is stolen from the person of another;\nif the thing is stolen in a dwelling, and its value exceeds $1,000, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling;\nif the thing is stolen from any kind of vehicle or place of deposit used for the conveyance or custody of goods in transit from 1 place to another;\nif the thing is stolen from a vehicle which is in distress or wrecked or stranded;\nif the thing is stolen from a public office in which it is deposited or kept;\nif the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument;\nthe offender is liable to imprisonment for 10 years.\n- (a) if the thing is stolen from the person of another;\n- (b) if the thing is stolen in a dwelling, and its value exceeds $1,000, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling;\n- (c) if the thing is stolen from any kind of vehicle or place of deposit used for the conveyance or custody of goods in transit from 1 place to another;\n- (d) if the thing is stolen from a vehicle which is in distress or wrecked or stranded;\n- (e) if the thing is stolen from a public office in which it is deposited or kept;\n- (f) if the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument;","sortOrder":19},{"sectionNumber":"sch.1-sec.5-oc.2","sectionType":"section","heading":"Stealing by persons in the public service","content":"### sch.1-sec.5-oc.2 Stealing by persons in the public service\n\nIf the offender is a person employed in the public service, and the thing stolen is the property of the Sovereign, or came into the possession of the offender by virtue of the offender’s employment, the offender is liable to imprisonment for 10 years.","sortOrder":20},{"sectionNumber":"sch.1-sec.6-oc.2","sectionType":"section","heading":"Stealing by clerks and servants","content":"### sch.1-sec.6-oc.2 Stealing by clerks and servants\n\nIf the offender is a clerk or servant, and the thing stolen is the property of the offender’s employer, or came into the possession of the offender on account of the offender’s employer, the offender is liable to imprisonment for 10 years.","sortOrder":21},{"sectionNumber":"sch.1-sec.7-oc.2","sectionType":"section","heading":"Stealing by directors or officers of companies","content":"### sch.1-sec.7-oc.2 Stealing by directors or officers of companies\n\nIf the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, the offender is liable to imprisonment for 10 years.","sortOrder":22},{"sectionNumber":"sch.1-sec.8-oc.2","sectionType":"section","heading":"Stealing by agents etc.","content":"### sch.1-sec.8-oc.2 Stealing by agents etc.\n\nIf the thing stolen is any of the things following, that is to say—\nproperty which has been received by the offender with a power of attorney for the disposition thereof;\nmoney received by the offender with a direction that the same should be applied to any purpose or paid to any person specified in the direction;\nthe whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;\nthe whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney or other authority for the disposition of the property received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction;\nthe offender is liable to imprisonment for 10 years.\n- (a) property which has been received by the offender with a power of attorney for the disposition thereof;\n- (b) money received by the offender with a direction that the same should be applied to any purpose or paid to any person specified in the direction;\n- (c) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;\n- (d) the whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney or other authority for the disposition of the property received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction;","sortOrder":23},{"sectionNumber":"sch.1-sec.9-oc.2","sectionType":"section","heading":"Stealing property valued at more than $5,000","content":"### sch.1-sec.9-oc.2 Stealing property valued at more than $5,000\n\nIf the thing stolen is property, including an animal that is stock, and its value is more than $5,000, the offender is liable to imprisonment for 10 years.","sortOrder":24},{"sectionNumber":"sch.1-sec.10-oc.2","sectionType":"section","heading":"Stealing by tenants or lodgers","content":"### sch.1-sec.10-oc.2 Stealing by tenants or lodgers\n\nIf the thing stolen is a fixture or chattel let to the offender to be used by him or her with a house or lodging, and its value exceeds $1,000, the offender is liable to imprisonment for 10 years.","sortOrder":25},{"sectionNumber":"sch.1-sec.11-oc.2","sectionType":"section","heading":"Stealing after previous conviction","content":"### sch.1-sec.11-oc.2 Stealing after previous conviction\n\nIf the offender, before committing the offence, had been convicted upon indictment of any of the indictable offences defined in this division, or had been twice previously summarily convicted of an offence punishable on summary conviction under this division, whether each of the convictions was in respect of an offence of the same character or not, the offender is liable to imprisonment for 10 years.","sortOrder":26},{"sectionNumber":"sch.1-sec.12-oc.2","sectionType":"section","heading":"Stealing of a vehicle","content":"### sch.1-sec.12-oc.2 Stealing of a vehicle\n\nIf the thing stolen is a vehicle the offender is liable to imprisonment for 14 years.","sortOrder":27},{"sectionNumber":"sch.1-sec.13-oc.2","sectionType":"section","heading":"Stealing by looting","content":"### sch.1-sec.13-oc.2 Stealing by looting\n\nIf—\nthe offence is committed during a natural disaster, civil unrest or an industrial dispute; or\nthe thing stolen is left unattended by the death or incapacity of the person in possession of the property; or\nthe offence is committed in an area that—\nis a declared area for a disaster situation under the Disaster Management Act 2003 ; or\nwas, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ;\nthe offender is liable to imprisonment for 10 years.\n- (a) the offence is committed during a natural disaster, civil unrest or an industrial dispute; or\n- (b) the thing stolen is left unattended by the death or incapacity of the person in possession of the property; or\n- (c) the offence is committed in an area that— (i) is a declared area for a disaster situation under the Disaster Management Act 2003 ; or (ii) was, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ;\n- (i) is a declared area for a disaster situation under the Disaster Management Act 2003 ; or\n- (ii) was, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ;\n- (i) is a declared area for a disaster situation under the Disaster Management Act 2003 ; or\n- (ii) was, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ;","sortOrder":28},{"sectionNumber":"sch.1-sec.15-oc.2","sectionType":"section","heading":"Stealing firearm or ammunition","content":"### sch.1-sec.15-oc.2 Stealing firearm or ammunition\n\nIf the thing stolen is a firearm or ammunition, the offender is liable to imprisonment for 14 years.","sortOrder":29},{"sectionNumber":"sch.1-sec.16-oc.2","sectionType":"section","heading":"Stealing by employers","content":"### sch.1-sec.16-oc.2 Stealing by employers\n\nIf the offender is or was an employer and the thing stolen is the property of a person who is or was the offender’s employee, the offender is liable to imprisonment for 10 years.","sortOrder":30},{"sectionNumber":"sch.1-sec.399","sectionType":"section","heading":"Fraudulent concealment of particular documents","content":"### sch.1-sec.399 Fraudulent concealment of particular documents\n\nA person who, with intent to defraud, conceals the whole or part of—\na register or record kept by lawful authority; or\na document recording title to property; or\na testamentary instrument (whether the testator is living or dead);\ncommits a crime.\nMaximum penalty—\nif the offence is committed in relation to a document recording title to property—3 years imprisonment; or\notherwise—14 years imprisonment.\nsch 1 pt 6 div 1 ch 37 s 399 amd 1988 No. 88 s 5 sch 2\nsub 2008 No. 55 s 68\n- (a) a register or record kept by lawful authority; or\n- (b) a document recording title to property; or\n- (c) a testamentary instrument (whether the testator is living or dead);\n- (a) if the offence is committed in relation to a document recording title to property—3 years imprisonment; or\n- (b) otherwise—14 years imprisonment.","sortOrder":31},{"sectionNumber":"sch.1-sec.400","sectionType":"section","heading":null,"content":"### Section sch.1-sec.400\n\nsch 1 pt 6 div 1 ch 37 s 400 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 68","sortOrder":32},{"sectionNumber":"sch.1-sec.401","sectionType":"section","heading":null,"content":"### Section sch.1-sec.401\n\nsch 1 pt 6 div 1 ch 37 s 401 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 68","sortOrder":33},{"sectionNumber":"sch.1-sec.403","sectionType":"section","heading":"Severing with intent to steal","content":"### sch.1-sec.403 Severing with intent to steal\n\nAny person who makes anything moveable with intent to steal it is guilty of a crime, and is liable to the same punishment as if the person had stolen the thing after it became moveable.","sortOrder":34},{"sectionNumber":"sch.1-sec.405","sectionType":"section","heading":null,"content":"### Section sch.1-sec.405\n\nsch 1 pt 6 div 1 ch 37 s 405 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 69","sortOrder":35},{"sectionNumber":"sch.1-sec.406","sectionType":"section","heading":"Bringing stolen goods into Queensland","content":"### sch.1-sec.406 Bringing stolen goods into Queensland\n\nAny person who, having at any place not in Queensland obtained any property by any act which if it had been done in Queensland would have constituted the crime of stealing, and which is an offence under the laws in force in the place where it was done, brings such property into Queensland, or has it in the person’s possession in Queensland, is guilty of a crime, and is liable to the same punishment as if the person had stolen it in Queensland; but so that the punishment does not exceed that which would be incurred for the same act under the laws in force in the place where the act by which the person obtained the property was done.","sortOrder":36},{"sectionNumber":"sch.1-sec.407","sectionType":"section","heading":null,"content":"### Section sch.1-sec.407\n\nsch 1 pt 6 div 1 ch 37 s 407 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 70","sortOrder":37},{"sectionNumber":"sch.1-sec.408","sectionType":"section","heading":null,"content":"### Section sch.1-sec.408\n\nsch 1 pt 6 div 1 ch 37 s 408 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 70","sortOrder":38},{"sectionNumber":"sch.1-sec.408A","sectionType":"section","heading":"Unlawful use or possession of motor vehicles, aircraft or vessels","content":"### sch.1-sec.408A Unlawful use or possession of motor vehicles, aircraft or vessels\n\nA person who—\nunlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or\nhas in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently;\nis guilty of a crime and is liable to imprisonment for 10 years.\nIf the offender uses or intends to use the motor vehicle, aircraft or vessel for the purpose of facilitating the commission of an indictable offence, the offender is liable to imprisonment for 12 years.\nIf the offender publishes material on a social media platform or an online social network to—\nadvertise the offender’s involvement in the offence; or\nadvertise the act or omission constituting the offence;\nthe offender is liable to imprisonment for 12 years.\nIf—\nthe offence is committed in the night; or\nthe offender—\nuses or threatens to use actual violence; or\nis or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\nis in company with 1 or more persons; or\ndamages, or threatens or attempts to damage, any property;\nthe offender is liable to imprisonment for 14 years.\nIf—\nthe motor vehicle, aircraft or vessel is an emergency vehicle; and\nthe offender knows, or ought reasonably to know, it is an emergency vehicle;\nthe offender is liable to imprisonment for 14 years.\nSubsections (1) to (5) do not apply if the accused person had the lawful consent of the owner of the motor vehicle, aircraft or vessel to its use or possession by the accused person.\nThe accused person bears the evidential burden in relation to the matters stated in subsection (6) .\nThis section applies without prejudice to any provision of any other Act relating to the unlawful use or possession of motor vehicles, aircraft or vessels save that an offender shall not be liable to be convicted under both this section and such other provision in respect of any one and the same unlawful use or possession of any motor vehicle, aircraft or vessel.\nIn this section—\nadvertise means attract the notice and attention of the public or a limited section of the public.\nmaterial includes an electronic document.\nvessel means every kind of vessel designed for use on or in water, not propelled exclusively by oars.\nsch 1 pt 6 div 1 ch 37 s 408A ins 1957 6 Eliz 2 No. 1 s 2\namd 1961 10 Eliz 2 No. 11 s 14; 1964 No. 14 s 10\nsub 1975 No. 27 s 11\namd 1988 No. 88 s 5 sch 2 ; 2005 No. 70 s 166 sch ; 2007 No. 37 s 42 sch ; 2023 No. 3 s 8 ; 2024 No. 45 s 17\n(sch.1-sec.408A-ssec.1) A person who— unlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or has in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently; is guilty of a crime and is liable to imprisonment for 10 years.\n(sch.1-sec.408A-ssec.2) If the offender uses or intends to use the motor vehicle, aircraft or vessel for the purpose of facilitating the commission of an indictable offence, the offender is liable to imprisonment for 12 years.\n(sch.1-sec.408A-ssec.3) If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to imprisonment for 12 years.\n(sch.1-sec.408A-ssec.4) If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for 14 years.\n(sch.1-sec.408A-ssec.5) If— the motor vehicle, aircraft or vessel is an emergency vehicle; and the offender knows, or ought reasonably to know, it is an emergency vehicle; the offender is liable to imprisonment for 14 years.\n(sch.1-sec.408A-ssec.6) Subsections (1) to (5) do not apply if the accused person had the lawful consent of the owner of the motor vehicle, aircraft or vessel to its use or possession by the accused person.\n(sch.1-sec.408A-ssec.7) The accused person bears the evidential burden in relation to the matters stated in subsection (6) .\n(sch.1-sec.408A-ssec.8) This section applies without prejudice to any provision of any other Act relating to the unlawful use or possession of motor vehicles, aircraft or vessels save that an offender shall not be liable to be convicted under both this section and such other provision in respect of any one and the same unlawful use or possession of any motor vehicle, aircraft or vessel.\n(sch.1-sec.408A-ssec.9) In this section— advertise means attract the notice and attention of the public or a limited section of the public. material includes an electronic document. vessel means every kind of vessel designed for use on or in water, not propelled exclusively by oars.\n- (a) unlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or\n- (b) has in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently;\n- (a) advertise the offender’s involvement in the offence; or\n- (b) advertise the act or omission constituting the offence;\n- (a) the offence is committed in the night; or\n- (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property;\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property;\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property;\n- (a) the motor vehicle, aircraft or vessel is an emergency vehicle; and\n- (b) the offender knows, or ought reasonably to know, it is an emergency vehicle;","sortOrder":39},{"sectionNumber":"sch.1-sec.408B","sectionType":"section","heading":null,"content":"### Section sch.1-sec.408B\n\nsch 1 pt 6 div 1 ch 37 s 408B ins 1976 No. 25 s 5\namd 1988 No. 88 s 5 sch 2 ; 1992 No. 44 s 235 sch 3\nom 1997 No. 3 s 120 sch 1","sortOrder":40},{"sectionNumber":"sch.1-sec.408C","sectionType":"section","heading":"Fraud","content":"### sch.1-sec.408C Fraud\n\nA person who dishonestly—\napplies to his or her own use or to the use of any person—\nproperty belonging to another; or\nproperty belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or\nobtains property from any person; or\ninduces any person to deliver property to any person; or\ngains a benefit or advantage, pecuniary or otherwise, for any person; or\ncauses a detriment, pecuniary or otherwise, to any person; or\ninduces any person to do any act which the person is lawfully entitled to abstain from doing; or\ninduces any person to abstain from doing any act which that person is lawfully entitled to do; or\nmakes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment;\ncommits the crime of fraud.\nMaximum penalty—5 years imprisonment.\nThe offender is liable to imprisonment for 14 years if, for an offence against subsection (1) —\nthe offender is a director or officer of a corporation, and the victim is the corporation; or\nthe offender is an employee of the victim; or\nany property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or\nthe property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or\nthe offender is or was an employer of the victim.\nThe offender is liable to imprisonment for 20 years, if, for an offence against subsection (1) —\nthe property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or\nthe offender carries on the business of committing the offence.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nFor the purposes of this section—\nproperty , without limiting the definition of property in section 1 , includes credit, service, any benefit or advantage, anything evidencing a right to incur a debt or to recover or receive a benefit, and releases of obligations; and\na person’s act or omission in relation to property may be dishonest even though—\nhe or she is willing to pay for the property; or\nhe or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or\nan owner or other person consents to doing any act or to making any omission; or\na mistake is made by another person; and\na person’s act or omission in relation to property is not taken to be dishonest, if when the person does the act or makes the omission, he or she does not know to whom the property belongs and believes on reasonable grounds that the owner can not be discovered by taking reasonable steps, unless the property came into his or her possession or control as trustee or personal representative; and\npersons to whom property belongs include the owner, any joint or part owner or owner in common, any person having a legal or equitable interest in or claim to the property and any person who, immediately before the offender’s application of the property, had control of it; and\nobtain includes to get, gain, receive or acquire in any way; and\nif a person obtains property from any person or induces any person to deliver property to any person it is immaterial in either case whether the owner passes or intends to pass ownership in the property or whether he or she intends to pass ownership in the property to any person.\nsch 1 pt 6 div 1 ch 37 s 408C ins 1979 No. 2 s 5\namd 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 39 ; 1997 No. 3 s 66 ; 2008 No. 55 s 71 ; 2016 No. 62 s 126 ; 2020 No. 34 s 6\n(sch.1-sec.408C-ssec.1) A person who dishonestly— applies to his or her own use or to the use of any person— property belonging to another; or property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or obtains property from any person; or induces any person to deliver property to any person; or gains a benefit or advantage, pecuniary or otherwise, for any person; or causes a detriment, pecuniary or otherwise, to any person; or induces any person to do any act which the person is lawfully entitled to abstain from doing; or induces any person to abstain from doing any act which that person is lawfully entitled to do; or makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment; commits the crime of fraud. Maximum penalty—5 years imprisonment.\n(sch.1-sec.408C-ssec.2) The offender is liable to imprisonment for 14 years if, for an offence against subsection (1) — the offender is a director or officer of a corporation, and the victim is the corporation; or the offender is an employee of the victim; or any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or the offender is or was an employer of the victim.\n(sch.1-sec.408C-ssec.2A) The offender is liable to imprisonment for 20 years, if, for an offence against subsection (1) — the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or the offender carries on the business of committing the offence.\n(sch.1-sec.408C-ssec.2B) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sch.1-sec.408C-ssec.2C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n(sch.1-sec.408C-ssec.3) For the purposes of this section— property , without limiting the definition of property in section 1 , includes credit, service, any benefit or advantage, anything evidencing a right to incur a debt or to recover or receive a benefit, and releases of obligations; and a person’s act or omission in relation to property may be dishonest even though— he or she is willing to pay for the property; or he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or an owner or other person consents to doing any act or to making any omission; or a mistake is made by another person; and a person’s act or omission in relation to property is not taken to be dishonest, if when the person does the act or makes the omission, he or she does not know to whom the property belongs and believes on reasonable grounds that the owner can not be discovered by taking reasonable steps, unless the property came into his or her possession or control as trustee or personal representative; and persons to whom property belongs include the owner, any joint or part owner or owner in common, any person having a legal or equitable interest in or claim to the property and any person who, immediately before the offender’s application of the property, had control of it; and obtain includes to get, gain, receive or acquire in any way; and if a person obtains property from any person or induces any person to deliver property to any person it is immaterial in either case whether the owner passes or intends to pass ownership in the property or whether he or she intends to pass ownership in the property to any person.\n- (a) applies to his or her own use or to the use of any person— (i) property belonging to another; or (ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or\n- (i) property belonging to another; or\n- (ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or\n- (b) obtains property from any person; or\n- (c) induces any person to deliver property to any person; or\n- (d) gains a benefit or advantage, pecuniary or otherwise, for any person; or\n- (e) causes a detriment, pecuniary or otherwise, to any person; or\n- (f) induces any person to do any act which the person is lawfully entitled to abstain from doing; or\n- (g) induces any person to abstain from doing any act which that person is lawfully entitled to do; or\n- (h) makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment;\n- (i) property belonging to another; or\n- (ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or\n- (a) the offender is a director or officer of a corporation, and the victim is the corporation; or\n- (b) the offender is an employee of the victim; or\n- (c) any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or\n- (d) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or\n- (e) the offender is or was an employer of the victim.\n- (a) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or\n- (b) the offender carries on the business of committing the offence.\n- (a) property , without limiting the definition of property in section 1 , includes credit, service, any benefit or advantage, anything evidencing a right to incur a debt or to recover or receive a benefit, and releases of obligations; and\n- (b) a person’s act or omission in relation to property may be dishonest even though— (i) he or she is willing to pay for the property; or (ii) he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or (iii) an owner or other person consents to doing any act or to making any omission; or (iv) a mistake is made by another person; and\n- (i) he or she is willing to pay for the property; or\n- (ii) he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or\n- (iii) an owner or other person consents to doing any act or to making any omission; or\n- (iv) a mistake is made by another person; and\n- (c) a person’s act or omission in relation to property is not taken to be dishonest, if when the person does the act or makes the omission, he or she does not know to whom the property belongs and believes on reasonable grounds that the owner can not be discovered by taking reasonable steps, unless the property came into his or her possession or control as trustee or personal representative; and\n- (d) persons to whom property belongs include the owner, any joint or part owner or owner in common, any person having a legal or equitable interest in or claim to the property and any person who, immediately before the offender’s application of the property, had control of it; and\n- (e) obtain includes to get, gain, receive or acquire in any way; and\n- (f) if a person obtains property from any person or induces any person to deliver property to any person it is immaterial in either case whether the owner passes or intends to pass ownership in the property or whether he or she intends to pass ownership in the property to any person.\n- (i) he or she is willing to pay for the property; or\n- (ii) he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or\n- (iii) an owner or other person consents to doing any act or to making any omission; or\n- (iv) a mistake is made by another person; and","sortOrder":41},{"sectionNumber":"sch.1-sec.408D","sectionType":"section","heading":"Obtaining or dealing with identification information","content":"### sch.1-sec.408D Obtaining or dealing with identification information\n\nA person who obtains or deals with another entity’s identification information for the purpose of committing, or facilitating the commission of, an indictable offence commits a misdemeanour.\nMaximum penalty—5 years imprisonment.\nA person who possesses equipment for the purpose of committing, or facilitating the commission of, an offence against subsection (1) , commits a misdemeanour.\nMaximum penalty—5 years imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nFor subsection (1) , it is immaterial whether the other entity is alive or dead, or exists or does not exist, or consents or does not consent to the obtaining or dealing.\nWhen a court is sentencing a person for an offence against subsection (1) , the court may order that the court’s certificate be issued to the other entity stating the offence, the entity’s name and anything else the court considers relevant for the entity’s benefit.\nThe order may be made on the court’s own initiative or on application by the entity or the prosecutor.\nIf the person is sentenced on a plea of guilty, the certificate may be given to the entity immediately.\nIf subsection (5) does not apply, the certificate must not be given to the entity until the later of the following—\nthe end of any period allowed for appeal against conviction;\nif an appeal is started—the end of any proceedings on the appeal.\nIn this section—\ndealing , with identification information, includes supplying or using the information.\ndigital signature means encrypted electronic or computer data intended for the exclusive use of a particular person as a means of identifying himself or herself as the sender of an electronic communication.\nidentification information , of another entity, means information about, or identifying particulars of, the entity that is capable of being used, whether alone or in conjunction with other information, to identify or purportedly identify the entity.\ninformation about the individual or the individual’s relatives including name, address, date of birth, marital status and similar information\nthe individual’s driver licence or driver licence number\nthe individual’s passport or passport number\nanything commonly used by an individual to identify himself or herself, including a digital signature\nthe individual’s financial account numbers, user names and passwords\na series of numbers or letters (or a combination of both) intended for use as a means of personal identification\nany data stored or encrypted on the individual’s credit or debit card\nbiometric data relating to the individual\nthe individual’s voice print\na false driver licence or other false form of identification for a fictitious individual\nthe body corporate’s name\nthe body corporate’s ABN\nthe body corporate’s financial account numbers\nany data stored or encrypted on a credit or debit card issued to the body corporate\nobtaining , identification information, includes possessing or making the information.\nsch 1 pt 6 div 1 ch 37 s 408D ins 2007 No. 14 s 6\namd 2010 No. 1 s 4 ; 2013 No. 45 s 47 ; 2016 No. 62 s 127\n(sch.1-sec.408D-ssec.1) A person who obtains or deals with another entity’s identification information for the purpose of committing, or facilitating the commission of, an indictable offence commits a misdemeanour. Maximum penalty—5 years imprisonment.\n(sch.1-sec.408D-ssec.1A) A person who possesses equipment for the purpose of committing, or facilitating the commission of, an offence against subsection (1) , commits a misdemeanour. Maximum penalty—5 years imprisonment.\n(sch.1-sec.408D-ssec.1B) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.\n(sch.1-sec.408D-ssec.1C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n(sch.1-sec.408D-ssec.2) For subsection (1) , it is immaterial whether the other entity is alive or dead, or exists or does not exist, or consents or does not consent to the obtaining or dealing.\n(sch.1-sec.408D-ssec.3) When a court is sentencing a person for an offence against subsection (1) , the court may order that the court’s certificate be issued to the other entity stating the offence, the entity’s name and anything else the court considers relevant for the entity’s benefit.\n(sch.1-sec.408D-ssec.4) The order may be made on the court’s own initiative or on application by the entity or the prosecutor.\n(sch.1-sec.408D-ssec.5) If the person is sentenced on a plea of guilty, the certificate may be given to the entity immediately.\n(sch.1-sec.408D-ssec.6) If subsection (5) does not apply, the certificate must not be given to the entity until the later of the following— the end of any period allowed for appeal against conviction; if an appeal is started—the end of any proceedings on the appeal.\n(sch.1-sec.408D-ssec.7) In this section— dealing , with identification information, includes supplying or using the information. digital signature means encrypted electronic or computer data intended for the exclusive use of a particular person as a means of identifying himself or herself as the sender of an electronic communication. identification information , of another entity, means information about, or identifying particulars of, the entity that is capable of being used, whether alone or in conjunction with other information, to identify or purportedly identify the entity. information about the individual or the individual’s relatives including name, address, date of birth, marital status and similar information the individual’s driver licence or driver licence number the individual’s passport or passport number anything commonly used by an individual to identify himself or herself, including a digital signature the individual’s financial account numbers, user names and passwords a series of numbers or letters (or a combination of both) intended for use as a means of personal identification any data stored or encrypted on the individual’s credit or debit card biometric data relating to the individual the individual’s voice print a false driver licence or other false form of identification for a fictitious individual the body corporate’s name the body corporate’s ABN the body corporate’s financial account numbers any data stored or encrypted on a credit or debit card issued to the body corporate obtaining , identification information, includes possessing or making the information.\n- (a) the end of any period allowed for appeal against conviction;\n- (b) if an appeal is started—the end of any proceedings on the appeal.\n- • information about the individual or the individual’s relatives including name, address, date of birth, marital status and similar information\n- • the individual’s driver licence or driver licence number\n- • the individual’s passport or passport number\n- • anything commonly used by an individual to identify himself or herself, including a digital signature\n- • the individual’s financial account numbers, user names and passwords\n- • a series of numbers or letters (or a combination of both) intended for use as a means of personal identification\n- • any data stored or encrypted on the individual’s credit or debit card\n- • biometric data relating to the individual\n- • the individual’s voice print\n- • a false driver licence or other false form of identification for a fictitious individual\n- • the body corporate’s name\n- • the body corporate’s ABN\n- • the body corporate’s financial account numbers\n- • any data stored or encrypted on a credit or debit card issued to the body corporate","sortOrder":42},{"sectionNumber":"sch.1-sec.408E","sectionType":"section","heading":"Misuse of restricted computer","content":"### sch.1-sec.408E Misuse of restricted computer\n\nA person who uses a restricted computer without the consent of the computer’s controller commits a misdemeanour.\nMaximum penalty—3 years imprisonment.\nIf the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime and is liable to imprisonment for 5 years.\nIf the person causes a detriment or damage or obtains a benefit for any person to the value of more than $5,000, or intends to commit an indictable offence, the person commits a crime and is liable to imprisonment for 10 years.\nIt is a defence to a charge under this section to prove that the use of the restricted computer was authorised, justified or excused by law.\nIn this section—\nbenefit includes a benefit, pecuniary or otherwise, obtained by or delivered to any person.\ncomputer means all or part of a computer, computer system or computer network and includes, for example, all external devices connected to the computer in any way or capable of communicating with each other as part of a system or network.\ncontroller means a person who has a right to control the computer’s use.\ndamage includes—\ndamage to any computer hardware or software; and\nfor information—any alteration, addition, removal or loss of, or other damage to, information.\ndetriment includes any detriment, pecuniary or otherwise, to any person.\ninformation includes data, file, document, or computer language or coding.\nrestricted computer means a computer for which—\na device, code or a particular sequence of electronic impulses is necessary in order to gain access to or to use the computer; and\nthe controller—\nwithholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or\nrestricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller.\nuse , of a restricted computer, includes accessing or altering any information stored in, or communicate information directly or indirectly to or from, the restricted computer, or cause a virus to become installed on or to otherwise affect, the computer.\nsch 1 pt 6 div 1 ch 37 s 408E (prev s 408D) ins 1997 No. 3 s 67\nrenum 2007 No. 14 s 5\namd 2023 No. 32 s 4\n(sch.1-sec.408E-ssec.1) A person who uses a restricted computer without the consent of the computer’s controller commits a misdemeanour. Maximum penalty—3 years imprisonment.\n(sch.1-sec.408E-ssec.2) If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime and is liable to imprisonment for 5 years.\n(sch.1-sec.408E-ssec.3) If the person causes a detriment or damage or obtains a benefit for any person to the value of more than $5,000, or intends to commit an indictable offence, the person commits a crime and is liable to imprisonment for 10 years.\n(sch.1-sec.408E-ssec.4) It is a defence to a charge under this section to prove that the use of the restricted computer was authorised, justified or excused by law.\n(sch.1-sec.408E-ssec.5) In this section— benefit includes a benefit, pecuniary or otherwise, obtained by or delivered to any person. computer means all or part of a computer, computer system or computer network and includes, for example, all external devices connected to the computer in any way or capable of communicating with each other as part of a system or network. controller means a person who has a right to control the computer’s use. damage includes— damage to any computer hardware or software; and for information—any alteration, addition, removal or loss of, or other damage to, information. detriment includes any detriment, pecuniary or otherwise, to any person. information includes data, file, document, or computer language or coding. restricted computer means a computer for which— a device, code or a particular sequence of electronic impulses is necessary in order to gain access to or to use the computer; and the controller— withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller. use , of a restricted computer, includes accessing or altering any information stored in, or communicate information directly or indirectly to or from, the restricted computer, or cause a virus to become installed on or to otherwise affect, the computer.\n- (a) damage to any computer hardware or software; and\n- (b) for information—any alteration, addition, removal or loss of, or other damage to, information.\n- (a) a device, code or a particular sequence of electronic impulses is necessary in order to gain access to or to use the computer; and\n- (b) the controller— (i) withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or (ii) restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller.\n- (i) withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or\n- (ii) restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller.\n- (i) withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or\n- (ii) restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller.","sortOrder":43},{"sectionNumber":"sch.1-sec.409","sectionType":"section","heading":"Definition of robbery","content":"### sch.1-sec.409 Definition of robbery\n\nAny person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of robbery .\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nsch 1 pt 6 div 1 ch 38 s 409 amd 2016 No. 62 s 128\n(sch.1-sec.409-ssec.1) Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of robbery .\n(sch.1-sec.409-ssec.2) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.","sortOrder":44},{"sectionNumber":"sch.1-sec.410","sectionType":"section","heading":null,"content":"### Section sch.1-sec.410\n\nsch 1 pt 6 div 1 ch 38 s 410 om 2008 No. 55 s 72","sortOrder":45},{"sectionNumber":"sch.1-sec.411","sectionType":"section","heading":"Punishment of robbery","content":"### sch.1-sec.411 Punishment of robbery\n\nAny person who commits the crime of robbery is liable to imprisonment for 14 years.\nIf the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for the crime of robbery.\nsch 1 pt 6 div 1 ch 38 s 411 amd 1986 No. 1 s 28 ; 1988 No. 88 s 5 sch 2 ; 2016 No. 62 s 129\n(sch.1-sec.411-ssec.1) Any person who commits the crime of robbery is liable to imprisonment for 14 years.\n(sch.1-sec.411-ssec.2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life.\n(sch.1-sec.411-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for the crime of robbery.","sortOrder":46},{"sectionNumber":"sch.1-sec.412","sectionType":"section","heading":"Attempted robbery","content":"### sch.1-sec.412 Attempted robbery\n\nAny person who assaults any person with intent to steal anything, and, at or immediately before or immediately after the time of the assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, is guilty of a crime, and is liable to imprisonment for 7 years.\nIf the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 14 years.\nIf the offender is armed with any dangerous or offensive weapon, instrument or noxious substance, and at or immediately before or immediately after the time of the assault the offender wounds, or uses other personal violence to, any person by the weapon, instrument or noxious substance, the offender is liable to imprisonment for life.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nsch 1 pt 6 div 1 ch 38 s 412 amd 1986 No. 1 s 29 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 68 ; 2016 No. 62 s 130\n(sch.1-sec.412-ssec.1) Any person who assaults any person with intent to steal anything, and, at or immediately before or immediately after the time of the assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, is guilty of a crime, and is liable to imprisonment for 7 years.\n(sch.1-sec.412-ssec.2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 14 years.\n(sch.1-sec.412-ssec.3) If the offender is armed with any dangerous or offensive weapon, instrument or noxious substance, and at or immediately before or immediately after the time of the assault the offender wounds, or uses other personal violence to, any person by the weapon, instrument or noxious substance, the offender is liable to imprisonment for life.\n(sch.1-sec.412-ssec.4) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sch.1-sec.412-ssec.5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.","sortOrder":47},{"sectionNumber":"sch.1-sec.413","sectionType":"section","heading":"Assault with intent to steal","content":"### sch.1-sec.413 Assault with intent to steal\n\nAny person who assaults any person with intent to steal anything is guilty of a crime, and is liable to imprisonment for 3 years.\nsch 1 pt 6 div 1 ch 38 s 413 amd 1988 No. 88 s 5 sch 2","sortOrder":48},{"sectionNumber":"sch.1-sec.414","sectionType":"section","heading":"Demanding property with menaces with intent to steal","content":"### sch.1-sec.414 Demanding property with menaces with intent to steal\n\nAny person who, with intent to steal anything, demands it from any person with threats of any injury or detriment of any kind to be caused to the other person, either by the offender or by any other person, if the demand is not complied with, is guilty of a crime, and is liable to imprisonment for 3 years.\nsch 1 pt 6 div 1 ch 38 s 414 amd 1988 No. 88 s 5 sch 2","sortOrder":49},{"sectionNumber":"sch.1-sec.415","sectionType":"section","heading":"Extortion","content":"### sch.1-sec.415 Extortion\n\nA person (the demander ) who, without reasonable cause, makes a demand—\nwith intent to—\ngain a benefit for any person (whether or not the demander); or\ncause a detriment to any person other than the demander; and\nwith a threat to cause a detriment to any person other than the demander;\ncommits a crime.\nMaximum penalty—\nif carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or\nif carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or\notherwise—14 years imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nIt is immaterial that—\nthe demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or\nthe threat does not specify the detriment to be caused; or\nthe threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or\na threat to cause a detriment to the public or any members of the public\nthe detriment is to be caused by someone other than the demander.\nA reference to making a demand includes causing someone to receive a demand.\nA reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person.\nA prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nIn this section—\nthreat includes a statement that may reasonably be interpreted as a threat.\nsch 1 pt 6 div 1 ch 38 s 415 sub 1961 10 Eliz 2 No. 11 s 15\namd 1976 No. 25 s 6 ; 1977 No. 13 s 15\nsub 1984 No. 32 s 4\namd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 69\nsub 2008 No. 55 s 73\namd 2016 No. 62 s 131\n(sch.1-sec.415-ssec.1) A person (the demander ) who, without reasonable cause, makes a demand— with intent to— gain a benefit for any person (whether or not the demander); or cause a detriment to any person other than the demander; and with a threat to cause a detriment to any person other than the demander; commits a crime. Maximum penalty— if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or otherwise—14 years imprisonment.\n(sch.1-sec.415-ssec.1A) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sch.1-sec.415-ssec.2) It is immaterial that— the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or the threat does not specify the detriment to be caused; or the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or a threat to cause a detriment to the public or any members of the public the detriment is to be caused by someone other than the demander.\n(sch.1-sec.415-ssec.3) A reference to making a demand includes causing someone to receive a demand.\n(sch.1-sec.415-ssec.4) A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person.\n(sch.1-sec.415-ssec.5) A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General.\n(sch.1-sec.415-ssec.5A) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n(sch.1-sec.415-ssec.6) In this section— threat includes a statement that may reasonably be interpreted as a threat.\n- (a) with intent to— (i) gain a benefit for any person (whether or not the demander); or (ii) cause a detriment to any person other than the demander; and\n- (i) gain a benefit for any person (whether or not the demander); or\n- (ii) cause a detriment to any person other than the demander; and\n- (b) with a threat to cause a detriment to any person other than the demander;\n- (i) gain a benefit for any person (whether or not the demander); or\n- (ii) cause a detriment to any person other than the demander; and\n- (a) if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or\n- (b) if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or\n- (c) otherwise—14 years imprisonment.\n- (a) the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or\n- (b) the threat does not specify the detriment to be caused; or\n- (c) the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or Example— a threat to cause a detriment to the public or any members of the public\n- (d) the detriment is to be caused by someone other than the demander.","sortOrder":50},{"sectionNumber":"sch.1-sec.416","sectionType":"section","heading":null,"content":"### Section sch.1-sec.416\n\nsch 1 pt 6 div 1 ch 38 s 416 amd 1922 13 Geo 5 No. 2 s 3(xv); 1976 No. 25 s 7 ; 1986 No. 1 s 30 ; 1988 No. 88 s 5 sch 2 ; 1990 No. 93 s 14 ; 1997 No. 3 s 70\nom 2008 No. 55 s 73","sortOrder":51},{"sectionNumber":"sch.1-sec.417","sectionType":"section","heading":null,"content":"### Section sch.1-sec.417\n\nsch 1 pt 6 div 1 ch 38 s 417 amd 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 40\nom 2008 No. 55 s 73","sortOrder":52},{"sectionNumber":"sch.1-sec.417A","sectionType":"section","heading":"Taking control of aircraft","content":"### sch.1-sec.417A Taking control of aircraft\n\nAny person who unlawfully either directly or indirectly takes or exercises control of any aircraft is guilty of a crime and is liable to imprisonment for 7 years.\nIf another person not being an accomplice of the offender is on board the aircraft the offender is liable to imprisonment for 14 years.\nIf the offender at or immediately before or immediately after the time of taking or exercising such control uses or threatens to use actual violence to any person or property in order to take or exercise control of the aircraft or to prevent or overcome resistance to such control being taken or exercised or is armed with any dangerous or offensive weapon or instrument or is in company with one or more other person or persons or takes or exercises such control by any fraudulent representation trick device or other means the offender is liable to imprisonment for life.\nsch 1 pt 6 div 1 ch 38 s 417A ins 1964 No. 14 s 11\namd 1988 No. 88 s 5 sch 2\n(sch.1-sec.417A-ssec.1) Any person who unlawfully either directly or indirectly takes or exercises control of any aircraft is guilty of a crime and is liable to imprisonment for 7 years.\n(sch.1-sec.417A-ssec.2) If another person not being an accomplice of the offender is on board the aircraft the offender is liable to imprisonment for 14 years.\n(sch.1-sec.417A-ssec.3) If the offender at or immediately before or immediately after the time of taking or exercising such control uses or threatens to use actual violence to any person or property in order to take or exercise control of the aircraft or to prevent or overcome resistance to such control being taken or exercised or is armed with any dangerous or offensive weapon or instrument or is in company with one or more other person or persons or takes or exercises such control by any fraudulent representation trick device or other means the offender is liable to imprisonment for life.","sortOrder":53},{"sectionNumber":"sch.1-sec.418","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.418 Definitions\n\nA person who breaks any part, whether external or internal, of a dwelling or any premises, or opens, by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises to another, is said to break the dwelling or premises.\nA person is said to enter a dwelling or premises as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling or premises.\nA person who obtains entrance into a dwelling or premises by means of any threat or artifice used for that purpose, or by collusion with any person in the dwelling or premises, or who enters any chimney or other aperture of the dwelling or premises permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the dwelling or premises.\nIn this chapter—\npremises includes—\na building or structure and a part of a building or structure other than a dwelling; and\na tent, caravan, or vehicle; and\nany similar place.\nsch 1 pt 6 div 1 ch 39 s 418 amd 1997 No. 3 s 71\n(sch.1-sec.418-ssec.1) A person who breaks any part, whether external or internal, of a dwelling or any premises, or opens, by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises to another, is said to break the dwelling or premises.\n(sch.1-sec.418-ssec.2) A person is said to enter a dwelling or premises as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling or premises.\n(sch.1-sec.418-ssec.3) A person who obtains entrance into a dwelling or premises by means of any threat or artifice used for that purpose, or by collusion with any person in the dwelling or premises, or who enters any chimney or other aperture of the dwelling or premises permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the dwelling or premises.\n(sch.1-sec.418-ssec.4) In this chapter— premises includes— a building or structure and a part of a building or structure other than a dwelling; and a tent, caravan, or vehicle; and any similar place.\n- (a) a building or structure and a part of a building or structure other than a dwelling; and\n- (b) a tent, caravan, or vehicle; and\n- (c) any similar place.","sortOrder":54},{"sectionNumber":"sch.1-sec.419","sectionType":"section","heading":"Burglary","content":"### sch.1-sec.419 Burglary\n\nAny person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime.\nMaximum penalty—14 years imprisonment.\nIf the offender enters the dwelling by means of any break, he or she is liable to imprisonment for life.\nIf—\nthe offence is committed in the night; or\nthe offender—\nuses or threatens to use actual violence; or\nis or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\nis in company with 1 or more persons; or\ndamages, or threatens or attempts to damage, any property;\nthe offender is liable to imprisonment for life.\nIf the offender publishes material on a social media platform or an online social network to—\nadvertise the offender’s involvement in the offence; or\nadvertise the act or omission constituting the offence;\nthe offender is liable to imprisonment for 16 years.\nAny person who enters or is in the dwelling of another and commits an indictable offence in the dwelling commits a crime.\nMaximum penalty—imprisonment for life.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nIn this section—\nadvertise means attract the notice and attention of the public or a limited section of the public.\nmaterial includes an electronic document.\nsch 1 pt 6 div 1 ch 39 s 419 amd 1976 No. 25 s 8 ; 1988 No. 88 s 5 sch 2\nsub 1997 No. 3 s 72\namd 2016 No. 62 s 132 ; 2024 No. 45 s 18\n(sch.1-sec.419-ssec.1) Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime. Maximum penalty—14 years imprisonment.\n(sch.1-sec.419-ssec.2) If the offender enters the dwelling by means of any break, he or she is liable to imprisonment for life.\n(sch.1-sec.419-ssec.3) If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for life.\n(sch.1-sec.419-ssec.4) If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to imprisonment for 16 years.\n(sch.1-sec.419-ssec.5) Any person who enters or is in the dwelling of another and commits an indictable offence in the dwelling commits a crime. Maximum penalty—imprisonment for life.\n(sch.1-sec.419-ssec.6) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sch.1-sec.419-ssec.7) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n(sch.1-sec.419-ssec.8) In this section— advertise means attract the notice and attention of the public or a limited section of the public. material includes an electronic document.\n- (a) the offence is committed in the night; or\n- (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property;\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property;\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property;\n- (a) advertise the offender’s involvement in the offence; or\n- (b) advertise the act or omission constituting the offence;","sortOrder":55},{"sectionNumber":"sch.1-sec.420","sectionType":"section","heading":null,"content":"### Section sch.1-sec.420\n\nsch 1 pt 6 div 1 ch 39 s 420 amd 1976 No. 25 s 9 ; 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":56},{"sectionNumber":"sch.1-sec.421","sectionType":"section","heading":"Entering or being in premises and committing indictable offences","content":"### sch.1-sec.421 Entering or being in premises and committing indictable offences\n\nAny person who enters or is in any premises with intent to commit an indictable offence in the premises commits a crime.\nMaximum penalty—10 years imprisonment.\nAny person who enters or is in any premises and commits an indictable offence in the premises commits a crime.\nMaximum penalty—14 years imprisonment.\nIf the offender gains entry to the premises by any break and commits an indictable offence in the premises, he or she is liable to imprisonment for life.\nsch 1 pt 6 div 1 ch 39 s 421 amd 1945 9 Geo 6 No. 11 s 7\nsub 1975 No. 27 s 12\namd 1988 No. 88 s 5 sch 2\nsub 1997 No. 3 s 73\n(sch.1-sec.421-ssec.1) Any person who enters or is in any premises with intent to commit an indictable offence in the premises commits a crime. Maximum penalty—10 years imprisonment.\n(sch.1-sec.421-ssec.2) Any person who enters or is in any premises and commits an indictable offence in the premises commits a crime. Maximum penalty—14 years imprisonment.\n(sch.1-sec.421-ssec.3) If the offender gains entry to the premises by any break and commits an indictable offence in the premises, he or she is liable to imprisonment for life.","sortOrder":57},{"sectionNumber":"sch.1-sec.422","sectionType":"section","heading":null,"content":"### Section sch.1-sec.422\n\nsch 1 pt 6 div 1 ch 39 s 422 amd 1945 9 Geo 6 No. 11 s 8\nsub 1975 No. 27 s 13\namd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":58},{"sectionNumber":"sch.1-sec.423","sectionType":"section","heading":null,"content":"### Section sch.1-sec.423\n\nsch 1 pt 6 div 1 ch 39 s 423 om 1975 No. 27 s 14","sortOrder":59},{"sectionNumber":"sch.1-sec.424","sectionType":"section","heading":null,"content":"### Section sch.1-sec.424\n\nsch 1 pt 6 div 1 ch 39 s 424 om 1975 No. 27 s 15","sortOrder":60},{"sectionNumber":"sch.1-sec.425","sectionType":"section","heading":"Possession of things used in connection with unlawful entry","content":"### sch.1-sec.425 Possession of things used in connection with unlawful entry\n\nAny person who is found under any of the circumstances following, that is to say—\nbeing armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein;\nhaving in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ;\nhaving in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking;\nhaving in the person’s possession by day any such instrument with intent to commit an indictable offence;\nhaving his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence;\nis guilty of a crime, and is liable to imprisonment for 3 years.\nIf the offender has been previously convicted of a crime relating to property, the offender is liable to imprisonment for 7 years.\nsch 1 pt 6 div 1 ch 39 s 425 amd 1976 No. 25 s 10 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 74\n(sch.1-sec.425-ssec.1) Any person who is found under any of the circumstances following, that is to say— being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein; having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ; having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking; having in the person’s possession by day any such instrument with intent to commit an indictable offence; having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence; is guilty of a crime, and is liable to imprisonment for 3 years.\n(sch.1-sec.425-ssec.2) If the offender has been previously convicted of a crime relating to property, the offender is liable to imprisonment for 7 years.\n- (a) being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein;\n- (b) having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ;\n- (c) having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking;\n- (d) having in the person’s possession by day any such instrument with intent to commit an indictable offence;\n- (e) having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence;","sortOrder":61},{"sectionNumber":"sch.1-sec.425A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.425A\n\nsch 1 pt 6 div 1 ch 39 s 425A ins 1943 7 Geo 6 No. 14 s 16\namd 1945 9 Geo 6 No. 11 s 9\nsub 1975 No. 27 s 16\nom 1997 No. 3 s 120 sch 1","sortOrder":62},{"sectionNumber":"sch.1-sec.426","sectionType":"section","heading":null,"content":"### Section sch.1-sec.426\n\nsch 1 pt 6 div 1 ch 39 s 426 orig s 426 amd 1961 10 Eliz 2 No. 11 s 16\nom 1997 No. 3 s 120 sch 1\nprev s 426 ins 1998 No. 19 s 22\nom 2008 No. 55 s 74","sortOrder":63},{"sectionNumber":"sch.1-sec.427","sectionType":"section","heading":"Unlawful entry of vehicle for committing indictable offence","content":"### sch.1-sec.427 Unlawful entry of vehicle for committing indictable offence\n\nA person who unlawfully enters another person’s vehicle with intent to commit an indictable offence commits a crime.\nMaximum penalty—10 years imprisonment.\nIf—\nthe offence is committed in the night; or\nthe offender—\nuses or threatens to use actual violence; or\nis or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\nis in company with 1 or more persons; or\ndamages, or threatens or attempts to damage, any property;\nthe offender is liable to imprisonment for 14 years.\nIf—\nthe vehicle is an emergency vehicle; and\nthe offender knows, or ought reasonably to know, the vehicle is an emergency vehicle;\nthe offender is liable to imprisonment for 14 years.\nsch 1 pt 6 div 1 ch 39 s 427 prev s 427 sub 1961 10 Eliz 2 No. 11 s 17\namd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1\npres s 427 ins 1998 No. 19 s 22\namd 2024 No. 45 s 19\n(sch.1-sec.427-ssec.1) A person who unlawfully enters another person’s vehicle with intent to commit an indictable offence commits a crime. Maximum penalty—10 years imprisonment.\n(sch.1-sec.427-ssec.2) If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for 14 years.\n(sch.1-sec.427-ssec.3) If— the vehicle is an emergency vehicle; and the offender knows, or ought reasonably to know, the vehicle is an emergency vehicle; the offender is liable to imprisonment for 14 years.\n- (a) the offence is committed in the night; or\n- (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property;\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property;\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property;\n- (a) the vehicle is an emergency vehicle; and\n- (b) the offender knows, or ought reasonably to know, the vehicle is an emergency vehicle;","sortOrder":64},{"sectionNumber":"sch.1-sec.427A","sectionType":"section","heading":"Obtaining property by passing valueless cheques","content":"### sch.1-sec.427A Obtaining property by passing valueless cheques\n\nAny person who—\nobtains from any other person any chattel, money, valuable security, credit, benefit or advantage by passing a cheque that is not paid on presentation for payment; or\npasses a cheque in the discharge or attempted discharge of any debt, liability or obligation, which cheque is not paid on presentation for payment;\nis guilty of a misdemeanour and is liable to imprisonment for 2 years.\nIt is a defence to a charge of an offence defined in this section to prove that the accused person—\nhad reasonable grounds for believing that the cheque would be paid in full on presentation for payment; and\nhad no intent to defraud.\nThe fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn is not of itself a defence to a charge of an offence defined in this section.\nsch 1 pt 6 div 1 ch 40 s 427A ins 1975 No. 27 s 17\namd 1986 No. 1 s 31 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 76\n(sch.1-sec.427A-ssec.1) Any person who— obtains from any other person any chattel, money, valuable security, credit, benefit or advantage by passing a cheque that is not paid on presentation for payment; or passes a cheque in the discharge or attempted discharge of any debt, liability or obligation, which cheque is not paid on presentation for payment; is guilty of a misdemeanour and is liable to imprisonment for 2 years.\n(sch.1-sec.427A-ssec.2) It is a defence to a charge of an offence defined in this section to prove that the accused person— had reasonable grounds for believing that the cheque would be paid in full on presentation for payment; and had no intent to defraud.\n(sch.1-sec.427A-ssec.3) The fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn is not of itself a defence to a charge of an offence defined in this section.\n- (a) obtains from any other person any chattel, money, valuable security, credit, benefit or advantage by passing a cheque that is not paid on presentation for payment; or\n- (b) passes a cheque in the discharge or attempted discharge of any debt, liability or obligation, which cheque is not paid on presentation for payment;\n- (a) had reasonable grounds for believing that the cheque would be paid in full on presentation for payment; and\n- (b) had no intent to defraud.","sortOrder":65},{"sectionNumber":"sch.1-sec.428","sectionType":"section","heading":null,"content":"### Section sch.1-sec.428\n\nsch 1 pt 6 div 1 ch 40 s 428 sub 1961 10 Eliz 2 No. 11 s 18\namd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":66},{"sectionNumber":"sch.1-sec.429","sectionType":"section","heading":null,"content":"### Section sch.1-sec.429\n\nsch 1 pt 6 div 1 ch 40 s 429 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":67},{"sectionNumber":"sch.1-sec.430","sectionType":"section","heading":"Fraudulent falsification of records","content":"### sch.1-sec.430 Fraudulent falsification of records\n\nAny person who with intent to defraud—\nmakes a false entry in any record; or\nomits to make an entry in any record; or\ngives any certificate or information that is false in a material particular; or\nin any way falsifies, destroys, alters or damages any record; or\nproduces or makes use of any record the person knows is false in a material particular;\ncommits a crime.\nMaximum penalty—10 years imprisonment.\nsch 1 pt 6 div 1 ch 40 s 430 prev s 430 amd 1943 7 Geo 6 No. 14 s 17; 1986 No. 1 s 32 ; 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 75\npres s 430 (prev s 441) amd 1975 No. 27 s 41 sch ; 1988 No. 88 s 5 sch 2\nsub 1997 No. 3 s 78\nrenum and reloc 2008 No. 55 s 80\n- (a) makes a false entry in any record; or\n- (b) omits to make an entry in any record; or\n- (c) gives any certificate or information that is false in a material particular; or\n- (d) in any way falsifies, destroys, alters or damages any record; or\n- (e) produces or makes use of any record the person knows is false in a material particular;","sortOrder":68},{"sectionNumber":"sch.1-sec.431","sectionType":"section","heading":"False accounting by public officer","content":"### sch.1-sec.431 False accounting by public officer\n\nAny person who, being an officer charged with the receipt, custody, or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by the person or entrusted to the person’s care, or of any balance of money or property in the person’s possession or under the person’s control, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.\nsch 1 pt 6 div 1 ch 40 s 431 prev s 431 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 75\npres s 431 (prev s 442) amd 1988 No. 88 s 5 sch 2\nrenum and reloc 2008 No. 55 s 81","sortOrder":69},{"sectionNumber":"sch.1-sec.432","sectionType":"section","heading":"What is tainted property for ch 41","content":"### sch.1-sec.432 What is tainted property for ch 41\n\nIn this chapter—\ntainted property means—\na thing that has been obtained by way of an act constituting an indictable offence; or\nif tainted property mentioned in paragraph (a) is converted into other property—any of the other property; or\nif tainted property mentioned in paragraph (a) is mortgaged, pledged or exchanged for other property—any of the proceeds of the mortgage, pledge, or exchange.\nHowever, a thing stops being tainted property after a person acquires a lawful title to it.\nsch 1 pt 6 div 1 ch 41 s 432 prev s 432 amd 1988 No. 88 s 5 sch 2\nom 2000 No. 58 s 2 sch\npres s 432 ins 2008 No. 55 s 76\n(sch.1-sec.432-ssec.1) In this chapter— tainted property means— a thing that has been obtained by way of an act constituting an indictable offence; or if tainted property mentioned in paragraph (a) is converted into other property—any of the other property; or if tainted property mentioned in paragraph (a) is mortgaged, pledged or exchanged for other property—any of the proceeds of the mortgage, pledge, or exchange.\n(sch.1-sec.432-ssec.2) However, a thing stops being tainted property after a person acquires a lawful title to it.\n- (a) a thing that has been obtained by way of an act constituting an indictable offence; or\n- (b) if tainted property mentioned in paragraph (a) is converted into other property—any of the other property; or\n- (c) if tainted property mentioned in paragraph (a) is mortgaged, pledged or exchanged for other property—any of the proceeds of the mortgage, pledge, or exchange.","sortOrder":70},{"sectionNumber":"sch.1-sec.433","sectionType":"section","heading":"Receiving tainted property","content":"### sch.1-sec.433 Receiving tainted property\n\nA person who receives tainted property, and has reason to believe it is tainted property, commits a crime.\nMaximum penalty—\nif the property was obtained by way of an act constituting a crime—14 years imprisonment; or\nif the property is a firearm or ammunition—14 years imprisonment; or\nif the offender received the property while acting as a pawnbroker or dealer in second hand goods, under a licence or otherwise—14 years imprisonment; or\notherwise—7 years imprisonment.\nThe Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\nAn indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\nFor the purpose of proving the receiving of anything it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his or her possession, or has aided in concealing it or disposing of it.\nsch 1 pt 6 div 1 ch 41 s 433 amd 1943 7 Geo 6 No. 14 s 18; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 77 ; 1999 No. 66 s 6 sch ; 2008 No. 55 s 77 ; 2016 No. 62 s 133\n(sch.1-sec.433-ssec.1) A person who receives tainted property, and has reason to believe it is tainted property, commits a crime. Maximum penalty— if the property was obtained by way of an act constituting a crime—14 years imprisonment; or if the property is a firearm or ammunition—14 years imprisonment; or if the offender received the property while acting as a pawnbroker or dealer in second hand goods, under a licence or otherwise—14 years imprisonment; or otherwise—7 years imprisonment.\n(sch.1-sec.433-ssec.1A) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.\n(sch.1-sec.433-ssec.1B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.\n(sch.1-sec.433-ssec.2) For the purpose of proving the receiving of anything it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his or her possession, or has aided in concealing it or disposing of it.\n- (a) if the property was obtained by way of an act constituting a crime—14 years imprisonment; or\n- (b) if the property is a firearm or ammunition—14 years imprisonment; or\n- (c) if the offender received the property while acting as a pawnbroker or dealer in second hand goods, under a licence or otherwise—14 years imprisonment; or\n- (d) otherwise—7 years imprisonment.","sortOrder":71},{"sectionNumber":"sch.1-sec.434","sectionType":"section","heading":null,"content":"### Section sch.1-sec.434\n\nsch 1 pt 6 div 1 ch 41 s 434 amd 1900 64 Vic No. 7 s 1 sch; 1943 7 Geo 6 No. 14 s 19\nom 2008 No. 55 s 78","sortOrder":72},{"sectionNumber":"sch.1-sec.435","sectionType":"section","heading":"Taking reward for recovery of property obtained by way of indictable offences","content":"### sch.1-sec.435 Taking reward for recovery of property obtained by way of indictable offences\n\nIf—\na thing is obtained by way of any act constituting an indictable offence; and\na person dishonestly receives, or dishonestly agrees to receive, any benefit on an agreement or understanding that the person will help anyone to recover the thing;\nthen, unless the person has used all due diligence to cause the offender to be brought to trial for the offence, the person commits a crime.\nMaximum penalty—7 years imprisonment.\nsch 1 pt 6 div 1 ch 41 s 435 amd 1988 No. 88 s 5 sch 2\nsub 2008 No. 55 s 78\n- (a) a thing is obtained by way of any act constituting an indictable offence; and\n- (b) a person dishonestly receives, or dishonestly agrees to receive, any benefit on an agreement or understanding that the person will help anyone to recover the thing;","sortOrder":73},{"sectionNumber":"sch.1-sec.436","sectionType":"section","heading":null,"content":"### Section sch.1-sec.436\n\nsch 1 pt 6 div 1 ch 42 s 436 amd 1945 9 Geo 6 No. 11 s 10; 1975 No. 27 s 41 sch ; 1986 No. 1 s 33 ; 1988 No. 88 s 5 sch 2 ; 2007 No. 24 s 770 sch 1\nom 2008 No. 55 s 79 (2)","sortOrder":74},{"sectionNumber":"sch.1-sec.437","sectionType":"section","heading":null,"content":"### Section sch.1-sec.437\n\nsch 1 pt 6 div 1 ch 42 s 437 amd 1975 No. 27 s 41 sch ; 1986 No. 1 s 34 ; 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 79 (2)","sortOrder":75},{"sectionNumber":"sch.1-sec.438","sectionType":"section","heading":null,"content":"### Section sch.1-sec.438\n\nsch 1 pt 6 div 1 ch 42 s 438 amd 1975 No. 27 s 41 sch ; 1986 No. 1 s 35 ; 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 79 (2)","sortOrder":76},{"sectionNumber":"sch.1-sec.439","sectionType":"section","heading":null,"content":"### Section sch.1-sec.439\n\nsch 1 pt 6 div 1 ch 42 s 439 om 2008 No. 55 s 79 (2)","sortOrder":77},{"sectionNumber":"sch.1-sec.440","sectionType":"section","heading":null,"content":"### Section sch.1-sec.440\n\nsch 1 pt 6 div 1 ch 42 s 440 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 79 (2)","sortOrder":78},{"sectionNumber":"sch.1-sec.442A","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.442A Definitions\n\nIn this chapter—\nadvice given or words to the like effect includes every report, certificate, statement, and suggestion intended to influence the person to whom the same is made or given, and every influence deliberately or expressly exercised by one person over another.\nlocal government ...\nsch 1 pt 6 div 1 ch 42A s 442A def local government amd 1997 No. 82 s 3 sch\nom 2009 No. 17 s 331 sch 1\nagent includes any corporation, firm, or person acting or having been acting, or desirous or intending to act, for or on behalf of any corporation, firm, or person, whether as agent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, charterer, master mariner, purser, or any member of the crew of a vessel, engineer, barrister, solicitor, legal practitioner, conveyancer, surveyor, buyer, salesperson, supervisor, trustee, official assignee, executor, administrator, liquidator, trustee in bankruptcy or of a deed of assignment, receiver, director, manager, or other officer or member of the committee or governing body of any corporation, club, partnership, or association, or in any other capacity, either alone or jointly with any other corporation, firm, or person, and whether in the person’s own name or in the name of the person’s principal or otherwise, and also includes a Minister of the Crown, and a person serving under the Crown or a Minister of the Crown, or corporation representing the Crown, and a person serving under any local government, harbour board, water authority, or any other local or public body constituted by or under any Act.\ncontract includes contract of sale or of employment, or any other contract whatever including an order for any commodity.\ncourt means the Supreme Court or a judge thereof, or magistrate or justices having jurisdiction with respect to an offence against this chapter.\nin relation to his or her principal’s affairs or business implies the additional words ‘whether within the scope of his or her authority or course of his or her employment as agent or not’.\nperson having business relations with the principal includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act; also every corporation, firm, or other person, whether as principal or agent, carrying on or having carried on or desirous or intending to carry on any negotiation or business with any principal, or engaged or interested or having been engaged or interested in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal; and also includes any agent or employee of the Crown, a Minister of the Crown, or corporation representing the Crown, or of any local government, harbour board, water authority, or any other local or public body constituted by or under any Act, or of any such corporation, firm, or other person.\nprincipal includes a corporation, firm, or other person for or on behalf of whom the agent acts, has acted, or is desirous or intending to act; the term also includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act for or on behalf of whom the agent acts, has acted, or is desirous or intending to act.\nsolicit any valuable consideration and valuable consideration solicited , and words to the like effect, shall be construed with the following directions, namely, that every agent who diverts, obstructs, gives untruthful reports, or interferes with the proper course of business or manufacture, or impedes or obstructs, or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any other person interested in the said negotiation or business, or with intent to injure any such person, shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent.\ntrustee includes the public trustee, an executor, administrator, liquidator, official assignee, or trustee in bankruptcy, receiver, administrator appointed under the Guardianship and Administration Act 2000 , person having power to appoint a trustee, or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person, or any other person occupying a fiduciary position.\nsch 1 pt 6 div 1 ch 42A s 442A def trustee amd 2005 No. 70 s 166 sch\nvaluable consideration includes any real or personal property; also money, loan, office, place, employment, agreement to give employment, benefit, or advantage whatsoever, and any commission or rebate, payment in excess of actual value of the goods or service, deduction or percentage, bonus or discount, or any forbearance to demand any moneys or moneys’ worth or valuable thing; also some detriment, loss or responsibility given, suffered, or taken, or the refraining from carrying out or doing something which lawfully should be done; and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration.\nThe offer of any valuable consideration includes any offer of any agreement or promise to give, and every holding out of any expectation of valuable consideration.\nThe receipt of any valuable consideration includes any acceptance of any agreement, promise, or offer to give, or of any holding out of any expectation of valuable consideration.\nProhibition of indirect acts\nAny act or thing prohibited by this chapter is prohibited whether done directly or indirectly by the person mentioned or by or through any other person.\nsch 1 pt 6 div 1 ch 42A s 442A ins 1931 22 Geo 5 No. 40 s 2\n(sch.1-sec.442A-ssec.1) In this chapter— advice given or words to the like effect includes every report, certificate, statement, and suggestion intended to influence the person to whom the same is made or given, and every influence deliberately or expressly exercised by one person over another. local government ... sch 1 pt 6 div 1 ch 42A s 442A def local government amd 1997 No. 82 s 3 sch om 2009 No. 17 s 331 sch 1 agent includes any corporation, firm, or person acting or having been acting, or desirous or intending to act, for or on behalf of any corporation, firm, or person, whether as agent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, charterer, master mariner, purser, or any member of the crew of a vessel, engineer, barrister, solicitor, legal practitioner, conveyancer, surveyor, buyer, salesperson, supervisor, trustee, official assignee, executor, administrator, liquidator, trustee in bankruptcy or of a deed of assignment, receiver, director, manager, or other officer or member of the committee or governing body of any corporation, club, partnership, or association, or in any other capacity, either alone or jointly with any other corporation, firm, or person, and whether in the person’s own name or in the name of the person’s principal or otherwise, and also includes a Minister of the Crown, and a person serving under the Crown or a Minister of the Crown, or corporation representing the Crown, and a person serving under any local government, harbour board, water authority, or any other local or public body constituted by or under any Act. contract includes contract of sale or of employment, or any other contract whatever including an order for any commodity. court means the Supreme Court or a judge thereof, or magistrate or justices having jurisdiction with respect to an offence against this chapter. in relation to his or her principal’s affairs or business implies the additional words ‘whether within the scope of his or her authority or course of his or her employment as agent or not’. person having business relations with the principal includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act; also every corporation, firm, or other person, whether as principal or agent, carrying on or having carried on or desirous or intending to carry on any negotiation or business with any principal, or engaged or interested or having been engaged or interested in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal; and also includes any agent or employee of the Crown, a Minister of the Crown, or corporation representing the Crown, or of any local government, harbour board, water authority, or any other local or public body constituted by or under any Act, or of any such corporation, firm, or other person. principal includes a corporation, firm, or other person for or on behalf of whom the agent acts, has acted, or is desirous or intending to act; the term also includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act for or on behalf of whom the agent acts, has acted, or is desirous or intending to act. solicit any valuable consideration and valuable consideration solicited , and words to the like effect, shall be construed with the following directions, namely, that every agent who diverts, obstructs, gives untruthful reports, or interferes with the proper course of business or manufacture, or impedes or obstructs, or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any other person interested in the said negotiation or business, or with intent to injure any such person, shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent. trustee includes the public trustee, an executor, administrator, liquidator, official assignee, or trustee in bankruptcy, receiver, administrator appointed under the Guardianship and Administration Act 2000 , person having power to appoint a trustee, or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person, or any other person occupying a fiduciary position. sch 1 pt 6 div 1 ch 42A s 442A def trustee amd 2005 No. 70 s 166 sch valuable consideration includes any real or personal property; also money, loan, office, place, employment, agreement to give employment, benefit, or advantage whatsoever, and any commission or rebate, payment in excess of actual value of the goods or service, deduction or percentage, bonus or discount, or any forbearance to demand any moneys or moneys’ worth or valuable thing; also some detriment, loss or responsibility given, suffered, or taken, or the refraining from carrying out or doing something which lawfully should be done; and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration. The offer of any valuable consideration includes any offer of any agreement or promise to give, and every holding out of any expectation of valuable consideration. The receipt of any valuable consideration includes any acceptance of any agreement, promise, or offer to give, or of any holding out of any expectation of valuable consideration. Prohibition of indirect acts\n(sch.1-sec.442A-ssec.2) Any act or thing prohibited by this chapter is prohibited whether done directly or indirectly by the person mentioned or by or through any other person.","sortOrder":79},{"sectionNumber":"sch.1-sec.442B","sectionType":"section","heading":"Receipt or solicitation of secret commission by an agent","content":"### sch.1-sec.442B Receipt or solicitation of secret commission by an agent\n\nAny agent who corruptly receives or solicits from any person for himself or herself or for any other person any valuable consideration—\nas an inducement or reward for or otherwise on account of doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or\nthe receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business;\ncommits a crime.\nsch 1 pt 6 div 1 ch 42A s 442B ins 1931 22 Geo 5 No. 40 s 3\namd 1997 No. 3 s 79 (1)\n- (a) as an inducement or reward for or otherwise on account of doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or\n- (b) the receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business;","sortOrder":80},{"sectionNumber":"sch.1-sec.442BA","sectionType":"section","heading":"Gift or offer of secret commission to an agent","content":"### sch.1-sec.442BA Gift or offer of secret commission to an agent\n\nAny person who corruptly gives or offers to any agent any valuable consideration—\nas an inducement or reward for or otherwise on account of the agent doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or\nthe receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business;\ncommits a crime.\nsch 1 pt 6 div 1 ch 42A s 442BA (prev s 442B(2)) renum 1997 No. 3 s 79 (2)\namd 1997 No. 3 s 79 (3)\n- (a) as an inducement or reward for or otherwise on account of the agent doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or\n- (b) the receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business;","sortOrder":81},{"sectionNumber":"sch.1-sec.442C","sectionType":"section","heading":"Secret gifts received by parent, spouse, child, partner etc. of agent","content":"### sch.1-sec.442C Secret gifts received by parent, spouse, child, partner etc. of agent\n\nAny valuable consideration received or solicited by any parent, spouse, or child of any agent, or by his or her partner, clerk, or employee, from any person having business relations with the principal of such agent, shall be deemed to have been received or solicited by the agent unless it be proved that the valuable consideration was so received or solicited without the consent, knowledge, or privity of the agent.\nSecret gifts to parent, spouse, child, partner etc. of agent\nAny valuable consideration—\ngiven or offered to any parent, spouse, or child of any agent, or to his or her partner, clerk, or employee, and so given or offered with the consent, knowledge, or privity of the agent; or\ngiven or offered, at the agent’s request, to any person by any person having business relations with the principal of such agent;\nshall be deemed to have been given or offered to the agent.\nsch 1 pt 6 div 1 ch 42A s 442C ins 1931 22 Geo 5 No. 40 s 4\namd 2002 No. 74 s 90 sch\n(sch.1-sec.442C-ssec.1) Any valuable consideration received or solicited by any parent, spouse, or child of any agent, or by his or her partner, clerk, or employee, from any person having business relations with the principal of such agent, shall be deemed to have been received or solicited by the agent unless it be proved that the valuable consideration was so received or solicited without the consent, knowledge, or privity of the agent. Secret gifts to parent, spouse, child, partner etc. of agent\n(sch.1-sec.442C-ssec.2) Any valuable consideration— given or offered to any parent, spouse, or child of any agent, or to his or her partner, clerk, or employee, and so given or offered with the consent, knowledge, or privity of the agent; or given or offered, at the agent’s request, to any person by any person having business relations with the principal of such agent; shall be deemed to have been given or offered to the agent. sch 1 pt 6 div 1 ch 42A s 442C ins 1931 22 Geo 5 No. 40 s 4 amd 2002 No. 74 s 90 sch\n- (a) given or offered to any parent, spouse, or child of any agent, or to his or her partner, clerk, or employee, and so given or offered with the consent, knowledge, or privity of the agent; or\n- (b) given or offered, at the agent’s request, to any person by any person having business relations with the principal of such agent;","sortOrder":82},{"sectionNumber":"sch.1-sec.442D","sectionType":"section","heading":"False or misleading receipt or account","content":"### sch.1-sec.442D False or misleading receipt or account\n\nAny person who with intent to deceive or defraud the principal gives to any agent, or any agent who receives or uses or gives to the principal any receipt, invoice, account, or document in respect of which or in relation to a dealing transaction or matter in which the principal is interested, and which—\ncontains any statement which is false or erroneous or defective in any important particular, or contains an overcharge or is in any way likely to mislead the principal; or\nomits to state explicitly and fully the fact of any commission, percentage, bonus, discount, rebate, repayment, gratuity, or deduction having been made, given, or allowed, or agreed to be made, given, or allowed;\ncommits a crime.\nsch 1 pt 6 div 1 ch 42A s 442D ins 1931 22 Geo 5 No. 40 s 5\namd 1997 No. 3 s 80\n- (a) contains any statement which is false or erroneous or defective in any important particular, or contains an overcharge or is in any way likely to mislead the principal; or\n- (b) omits to state explicitly and fully the fact of any commission, percentage, bonus, discount, rebate, repayment, gratuity, or deduction having been made, given, or allowed, or agreed to be made, given, or allowed;","sortOrder":83},{"sectionNumber":"sch.1-sec.442E","sectionType":"section","heading":"Secret commission for advice given","content":"### sch.1-sec.442E Secret commission for advice given\n\nWhenever any advice is given by one person to another, and such advice is in any way intended or likely to induce or influence the person advised—\nto enter into a contract with any third person; or\nto appoint or join with another in the appointment, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of any third person as trustee, director, manager, or official;\nand any valuable consideration is, without the assent of the person advised, given by such third person to the person giving the advice, the gift or receipt of the valuable consideration is a crime; but this subsection shall not apply when the person giving the advice was, to the knowledge of the person advised, the agent of such third person, or when the valuable consideration was not given in respect of such advice.\nsch 1 pt 6 div 1 ch 42A s 442E ins 1931 22 Geo 5 No. 40 s 6\namd 1997 No. 3 s 81 (1)\n- (a) to enter into a contract with any third person; or\n- (b) to appoint or join with another in the appointment, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of any third person as trustee, director, manager, or official;","sortOrder":84},{"sectionNumber":"sch.1-sec.442EA","sectionType":"section","heading":"Offer or solicitation of secret commission in return for advice given or to be given","content":"### sch.1-sec.442EA Offer or solicitation of secret commission in return for advice given or to be given\n\nAny offer or solicitation of a valuable consideration in respect of any advice given, or to be given, by one person to another with a view to induce or influence the person advised—\nto enter into a contract with the person offering or solicited; or\nto appoint or join with another in appointing, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of the person offering or solicited as trustee, director, manager, or official;\nand with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised, is a crime; but this subsection shall not apply when such first mentioned person is the agent of the person offering or solicited.\nsch 1 pt 6 div 1 ch 42A s 442EA (prev s 442E(2)) renum 1997 No. 3 s 81 (2)\namd 1997 No. 3 s 81 (3)\n- (a) to enter into a contract with the person offering or solicited; or\n- (b) to appoint or join with another in appointing, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of the person offering or solicited as trustee, director, manager, or official;","sortOrder":85},{"sectionNumber":"sch.1-sec.442F","sectionType":"section","heading":"Secret commission to trustee in return for substituted appointment","content":"### sch.1-sec.442F Secret commission to trustee in return for substituted appointment\n\nAny person who offers or gives any valuable consideration to a trustee, or any trustee who receives or solicits any valuable consideration for himself or herself or for any other person, without the assent of the persons beneficially entitled to the estate or of a judge of the Supreme Court, as an inducement or reward for appointing or having appointed, or for joining or having joined with another in appointing, or for authorising or having authorised, or for joining or having joined with another in authorising, any person to be appointed in the person’s stead or instead of the person and any other person as trustee, commits a crime.\nsch 1 pt 6 div 1 ch 42A s 442F ins 1931 22 Geo 5 No. 40 s 7\namd 1997 No. 3 s 82","sortOrder":86},{"sectionNumber":"sch.1-sec.442G","sectionType":"section","heading":"Liability of director etc. acting without authority","content":"### sch.1-sec.442G Liability of director etc. acting without authority\n\nAny director, manager, or officer of a company, or any officer or member of the crew of any vessel, or any person acting for another, who knowingly takes part in or is in any way privy to doing, or attempts to do, any act or thing without authority which, if authorised, would be in contravention of any of the provisions of this chapter, commits a crime.\nsch 1 pt 6 div 1 ch 42A s 442G ins 1931 22 Geo 5 No. 40 s 8\namd 1997 No. 3 s 83","sortOrder":87},{"sectionNumber":"sch.1-sec.442H","sectionType":"section","heading":null,"content":"### Section sch.1-sec.442H\n\nsch 1 pt 6 div 1 ch 42A s 442H ins 1931 22 Geo 5 No. 40 s 9\namd 1934 25 Geo 5 No. 11 s 11\nom 1997 No. 3 s 120 sch 1","sortOrder":88},{"sectionNumber":"sch.1-sec.442I","sectionType":"section","heading":"Penalty on conviction","content":"### sch.1-sec.442I Penalty on conviction\n\nAny person guilty of a crime against any of the provisions of this chapter is—\nliable, if a corporation, to a penalty of 3,400 penalty units, and if an individual, to 7 years imprisonment; and\nin addition, liable to be ordered to pay to such person and in such manner as the court directs the amount or value, according to the estimation of the court, of any valuable consideration received or given by the person, or any part thereof, and such order shall be enforceable in the same manner as an order of the court.\nsch 1 pt 6 div 1 ch 42A s 442I ins 1931 22 Geo 5 No. 40 s 10\namd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 84\n- (a) liable, if a corporation, to a penalty of 3,400 penalty units, and if an individual, to 7 years imprisonment; and\n- (b) in addition, liable to be ordered to pay to such person and in such manner as the court directs the amount or value, according to the estimation of the court, of any valuable consideration received or given by the person, or any part thereof, and such order shall be enforceable in the same manner as an order of the court.","sortOrder":89},{"sectionNumber":"sch.1-sec.442J","sectionType":"section","heading":"Court may order withdrawal of trifling or technical cases","content":"### sch.1-sec.442J Court may order withdrawal of trifling or technical cases\n\nIf in any prosecution under this chapter it appears to the court that the offence charged is, in the particular case, of a trifling or merely technical nature, or that in the particular circumstances it is inexpedient to proceed to a conviction, the court may in its discretion, and for reason stated on the application of the accused, dismiss the case; but the court may, if it thinks fit, make the order mentioned in section 442I .\nsch 1 pt 6 div 1 ch 42A s 442J ins 1931 22 Geo 5 No. 40 s 11","sortOrder":90},{"sectionNumber":"sch.1-sec.442K","sectionType":"section","heading":"Witness giving answers criminating himself or herself","content":"### sch.1-sec.442K Witness giving answers criminating himself or herself\n\nA person who is called as a witness in any proceeding under this chapter shall not be excused from answering any question relating to any offence against this chapter on the ground that the answer thereto may criminate or tend to criminate the person.\nAn answer to a question in any such proceeding shall not, except in the said proceeding or in the case of any prosecution for perjury in respect of such answer, be in any proceeding, civil or criminal, admissible in evidence against the person so answering.\nsch 1 pt 6 div 1 ch 42A s 442K ins 1931 22 Geo 5 No. 40 s 12\n(sch.1-sec.442K-ssec.1) A person who is called as a witness in any proceeding under this chapter shall not be excused from answering any question relating to any offence against this chapter on the ground that the answer thereto may criminate or tend to criminate the person.\n(sch.1-sec.442K-ssec.2) An answer to a question in any such proceeding shall not, except in the said proceeding or in the case of any prosecution for perjury in respect of such answer, be in any proceeding, civil or criminal, admissible in evidence against the person so answering.","sortOrder":91},{"sectionNumber":"sch.1-sec.442L","sectionType":"section","heading":"Certificate to witness","content":"### sch.1-sec.442L Certificate to witness\n\nA witness in any proceeding under this chapter who, in the judgment of the court, answers truly all questions which the witness is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered.\nStay of proceedings against such witness\nWhen a person has received a certificate as aforesaid, and any criminal proceeding is at any time instituted against the person in respect of the offence which was in question in the proceeding in which the said person was called as a witness, the court having cognisance of the case shall, on proof of the certificate and of the identity of the offence in question in the 2 cases, stay the proceedings.\nsch 1 pt 6 div 1 ch 42A s 442L ins 1931 22 Geo 5 No. 40 s 12\n(sch.1-sec.442L-ssec.1) A witness in any proceeding under this chapter who, in the judgment of the court, answers truly all questions which the witness is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered. Stay of proceedings against such witness\n(sch.1-sec.442L-ssec.2) When a person has received a certificate as aforesaid, and any criminal proceeding is at any time instituted against the person in respect of the offence which was in question in the proceeding in which the said person was called as a witness, the court having cognisance of the case shall, on proof of the certificate and of the identity of the offence in question in the 2 cases, stay the proceedings.","sortOrder":92},{"sectionNumber":"sch.1-sec.442M","sectionType":"section","heading":"Custom of itself no defence","content":"### sch.1-sec.442M Custom of itself no defence\n\nIn any prosecution under this chapter it does not amount to a defence to show that the receiving, soliciting, giving, or offering of any valuable consideration therein mentioned or referred to is customary in any trade, business, or calling.\nBurden of proof that gift not secret commission\nIf in any prosecution under this chapter it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given, or offered in contravention of any of the provisions of this chapter shall be on the accused.\nConsent to prosecution\nNo prosecution under this chapter shall be commenced without the consent of a Crown Law Officer.\nsch 1 pt 6 div 1 ch 42A s 442M ins 1931 22 Geo 5 No. 40 s 13\n(sch.1-sec.442M-ssec.1) In any prosecution under this chapter it does not amount to a defence to show that the receiving, soliciting, giving, or offering of any valuable consideration therein mentioned or referred to is customary in any trade, business, or calling. Burden of proof that gift not secret commission\n(sch.1-sec.442M-ssec.2) If in any prosecution under this chapter it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given, or offered in contravention of any of the provisions of this chapter shall be on the accused. Consent to prosecution\n(sch.1-sec.442M-ssec.3) No prosecution under this chapter shall be commenced without the consent of a Crown Law Officer.","sortOrder":93},{"sectionNumber":"sch.1-sec.443","sectionType":"section","heading":"Definitions for ch 43","content":"### sch.1-sec.443 Definitions for ch 43\n\nIn this chapter—\nbet or make a bet includes—\nplace, change, accept or withdraw a bet; and\ncause a bet to be placed, changed, accepted or withdrawn.\nencourage includes ask, counsel, incite, induce, persuade, pressure (by threats or otherwise), procure or urge.\nmatch-fixing arrangement , in relation to a sporting event or sporting contingency, means an agreement between 2 or more persons relating to any person engaging in match-fixing conduct in relation to the event or contingency for the purpose of—\nobtaining a pecuniary benefit for any person; or\ncausing a pecuniary detriment to any person.\nmatch-fixing conduct , in relation to a sporting event or the happening of a sporting contingency, means conduct that—\naffects, or if engaged in could reasonably be expected to affect, the outcome of the event or the happening of the contingency; and\nis contrary to the standards of integrity that an ordinary person would reasonably expect of persons in a position to affect or influence the outcome of the event or the happening of the contingency.\nsporting contingency means a contingency—\nassociated with a sporting event; and\non the happening of which a person may make a bet under a law of the Commonwealth or a State.\nsporting event means a sporting competition or activity, whether taking place in Queensland or elsewhere, on the outcome of which a person may make a bet under a law of the Commonwealth or a State.\nsch 1 pt 6 div 1 ch 43 s 443 prev s 443 amd 1943 7 Geo 6 No. 14 s 20(1); 1961 10 Eliz 2 No. 11 s 19; 1964 No. 14 s 12 ; 1973 No. 88 s 6 ; 1975 No. 27 s 18 ; 1976 No. 25 ss 11, 19 sch; 1986 No. 1 s 36 ; 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 41\nom 1997 No. 3 s 120 sch 1\npres s 443 ins 2014 No. 39 s 30\n- (a) place, change, accept or withdraw a bet; and\n- (b) cause a bet to be placed, changed, accepted or withdrawn.\n- (a) obtaining a pecuniary benefit for any person; or\n- (b) causing a pecuniary detriment to any person.\n- (a) affects, or if engaged in could reasonably be expected to affect, the outcome of the event or the happening of the contingency; and\n- (b) is contrary to the standards of integrity that an ordinary person would reasonably expect of persons in a position to affect or influence the outcome of the event or the happening of the contingency.\n- (a) associated with a sporting event; and\n- (b) on the happening of which a person may make a bet under a law of the Commonwealth or a State.","sortOrder":94},{"sectionNumber":"sch.1-sec.443A","sectionType":"section","heading":"Engaging in match-fixing conduct","content":"### sch.1-sec.443A Engaging in match-fixing conduct\n\nA person who engages in match-fixing conduct in relation to a sporting event or the happening of a sporting contingency for the purpose of—\nobtaining or receiving a pecuniary benefit for any person; or\ncausing a pecuniary detriment to another person;\ncommits a crime.\nMaximum penalty—10 years imprisonment.\nFor subsection (1) , it does not matter whether any person—\nobtains or receives a pecuniary benefit; or\ncauses or suffers a pecuniary detriment.\nsch 1 pt 6 div 1 ch 43 s 443A ins 2014 No. 39 s 30\n(sch.1-sec.443A-ssec.1) A person who engages in match-fixing conduct in relation to a sporting event or the happening of a sporting contingency for the purpose of— obtaining or receiving a pecuniary benefit for any person; or causing a pecuniary detriment to another person; commits a crime. Maximum penalty—10 years imprisonment.\n(sch.1-sec.443A-ssec.2) For subsection (1) , it does not matter whether any person— obtains or receives a pecuniary benefit; or causes or suffers a pecuniary detriment.\n- (a) obtaining or receiving a pecuniary benefit for any person; or\n- (b) causing a pecuniary detriment to another person;\n- (a) obtains or receives a pecuniary benefit; or\n- (b) causes or suffers a pecuniary detriment.","sortOrder":95},{"sectionNumber":"sch.1-sec.443B","sectionType":"section","heading":"Facilitating match-fixing conduct or match-fixing arrangement","content":"### sch.1-sec.443B Facilitating match-fixing conduct or match-fixing arrangement\n\nA person who facilitates match-fixing conduct or a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency for the purpose of—\nobtaining or receiving a pecuniary benefit for any person; or\ncausing a pecuniary detriment to any person;\ncommits a crime.\nMaximum penalty—10 years imprisonment.\nFor subsection (1) , a person facilitates match-fixing conduct or a match-fixing arrangement if the person agrees or offers to—\nengage in the match-fixing conduct; or\nparticipate in the match-fixing arrangement; or\nencourage another person to—\nengage in the match-fixing conduct; or\nparticipate in the match-fixing arrangement.\nFor subsection (1) , it does not matter whether any person—\nengages in the match-fixing conduct; or\nobtains or receives a pecuniary benefit; or\ncauses or suffers a pecuniary detriment.\nsch 1 pt 6 div 1 ch 43 s 443B ins 2014 No. 39 s 30\n(sch.1-sec.443B-ssec.1) A person who facilitates match-fixing conduct or a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency for the purpose of— obtaining or receiving a pecuniary benefit for any person; or causing a pecuniary detriment to any person; commits a crime. Maximum penalty—10 years imprisonment.\n(sch.1-sec.443B-ssec.2) For subsection (1) , a person facilitates match-fixing conduct or a match-fixing arrangement if the person agrees or offers to— engage in the match-fixing conduct; or participate in the match-fixing arrangement; or encourage another person to— engage in the match-fixing conduct; or participate in the match-fixing arrangement.\n(sch.1-sec.443B-ssec.3) For subsection (1) , it does not matter whether any person— engages in the match-fixing conduct; or obtains or receives a pecuniary benefit; or causes or suffers a pecuniary detriment.\n- (a) obtaining or receiving a pecuniary benefit for any person; or\n- (b) causing a pecuniary detriment to any person;\n- (a) engage in the match-fixing conduct; or\n- (b) participate in the match-fixing arrangement; or\n- (c) encourage another person to— (i) engage in the match-fixing conduct; or (ii) participate in the match-fixing arrangement.\n- (i) engage in the match-fixing conduct; or\n- (ii) participate in the match-fixing arrangement.\n- (i) engage in the match-fixing conduct; or\n- (ii) participate in the match-fixing arrangement.\n- (a) engages in the match-fixing conduct; or\n- (b) obtains or receives a pecuniary benefit; or\n- (c) causes or suffers a pecuniary detriment.","sortOrder":96},{"sectionNumber":"sch.1-sec.443C","sectionType":"section","heading":"Offering or giving benefit, or causing or threatening detriment, to engage in match-fixing conduct or match-fixing arrangement","content":"### sch.1-sec.443C Offering or giving benefit, or causing or threatening detriment, to engage in match-fixing conduct or match-fixing arrangement\n\nA person who, as an inducement for any person to engage in, or to procure any other person to engage in, match-fixing conduct or participate in a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency—\noffers or gives any person a pecuniary benefit; or\ncauses, or offers or threatens to cause, a pecuniary detriment to any person;\ncommits a crime.\nMaximum penalty—10 years imprisonment.\nFor subsection (1) , it does not matter whether any person engages in the match-fixing conduct.\nsch 1 pt 6 div 1 ch 43 s 443C ins 2014 No. 39 s 30\n(sch.1-sec.443C-ssec.1) A person who, as an inducement for any person to engage in, or to procure any other person to engage in, match-fixing conduct or participate in a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency— offers or gives any person a pecuniary benefit; or causes, or offers or threatens to cause, a pecuniary detriment to any person; commits a crime. Maximum penalty—10 years imprisonment.\n(sch.1-sec.443C-ssec.2) For subsection (1) , it does not matter whether any person engages in the match-fixing conduct.\n- (a) offers or gives any person a pecuniary benefit; or\n- (b) causes, or offers or threatens to cause, a pecuniary detriment to any person;","sortOrder":97},{"sectionNumber":"sch.1-sec.443D","sectionType":"section","heading":"Using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting","content":"### sch.1-sec.443D Using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting\n\nA person who has knowledge of match-fixing conduct or a match-fixing arrangement in relation to a sporting event or sporting contingency and—\nmakes a relevant bet in relation to the event or contingency; or\nencourages another person to make a relevant bet in relation to the event or contingency; or\ndiscloses the knowledge to another person who the first person knows, or ought reasonably to know, would be likely to make a relevant bet in relation to the event or contingency;\ncommits a crime.\nMaximum penalty—10 years imprisonment.\nFor subsection (1) (b) or (c) , it does not matter whether a person mentioned in that paragraph makes a relevant bet in relation to the event or contingency.\nIn this section—\nrelevant bet , in relation to a sporting event or a sporting contingency, means a bet on the outcome of the event or the happening of the sporting contingency on behalf of any person.\nsch 1 pt 6 div 1 ch 43 s 443D ins 2014 No. 39 s 30\n(sch.1-sec.443D-ssec.1) A person who has knowledge of match-fixing conduct or a match-fixing arrangement in relation to a sporting event or sporting contingency and— makes a relevant bet in relation to the event or contingency; or encourages another person to make a relevant bet in relation to the event or contingency; or discloses the knowledge to another person who the first person knows, or ought reasonably to know, would be likely to make a relevant bet in relation to the event or contingency; commits a crime. Maximum penalty—10 years imprisonment.\n(sch.1-sec.443D-ssec.2) For subsection (1) (b) or (c) , it does not matter whether a person mentioned in that paragraph makes a relevant bet in relation to the event or contingency.\n(sch.1-sec.443D-ssec.3) In this section— relevant bet , in relation to a sporting event or a sporting contingency, means a bet on the outcome of the event or the happening of the sporting contingency on behalf of any person.\n- (a) makes a relevant bet in relation to the event or contingency; or\n- (b) encourages another person to make a relevant bet in relation to the event or contingency; or\n- (c) discloses the knowledge to another person who the first person knows, or ought reasonably to know, would be likely to make a relevant bet in relation to the event or contingency;","sortOrder":98},{"sectionNumber":"sch.1-sec.443E","sectionType":"section","heading":"Encouraging person not to disclose match-fixing conduct or match-fixing arrangement","content":"### sch.1-sec.443E Encouraging person not to disclose match-fixing conduct or match-fixing arrangement\n\nA person who—\nencourages another person to conceal any information about match-fixing conduct or a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency from any of the following—\na law enforcement agency;\na law enforcement officer;\nthe chief executive of the department in which the Wagering Act 1998 is administered;\na responsible entity for the sporting event; and\nfor encouraging the other person to conceal the information mentioned in subsection (1) (a) —\nreceives or obtains, or offers to receive or obtain, a pecuniary benefit from any person; or\ngives, or offers to give, a pecuniary benefit to any person; or\ncauses, or offers, threatens or agrees to cause, a pecuniary detriment to any person;\ncommits a crime.\nMaximum penalty—10 years imprisonment.\nIn this section—\nresponsible entity , for a sporting event, means an entity responsible for the administration, conduct or management of the event.\nsch 1 pt 6 div 1 ch 43 s 443E ins 2014 No. 39 s 30\n(sch.1-sec.443E-ssec.1) A person who— encourages another person to conceal any information about match-fixing conduct or a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency from any of the following— a law enforcement agency; a law enforcement officer; the chief executive of the department in which the Wagering Act 1998 is administered; a responsible entity for the sporting event; and for encouraging the other person to conceal the information mentioned in subsection (1) (a) — receives or obtains, or offers to receive or obtain, a pecuniary benefit from any person; or gives, or offers to give, a pecuniary benefit to any person; or causes, or offers, threatens or agrees to cause, a pecuniary detriment to any person; commits a crime. Maximum penalty—10 years imprisonment.\n(sch.1-sec.443E-ssec.2) In this section— responsible entity , for a sporting event, means an entity responsible for the administration, conduct or management of the event.\n- (a) encourages another person to conceal any information about match-fixing conduct or a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency from any of the following— (i) a law enforcement agency; (ii) a law enforcement officer; (iii) the chief executive of the department in which the Wagering Act 1998 is administered; (iv) a responsible entity for the sporting event; and\n- (i) a law enforcement agency;\n- (ii) a law enforcement officer;\n- (iii) the chief executive of the department in which the Wagering Act 1998 is administered;\n- (iv) a responsible entity for the sporting event; and\n- (b) for encouraging the other person to conceal the information mentioned in subsection (1) (a) — (i) receives or obtains, or offers to receive or obtain, a pecuniary benefit from any person; or (ii) gives, or offers to give, a pecuniary benefit to any person; or (iii) causes, or offers, threatens or agrees to cause, a pecuniary detriment to any person;\n- (i) receives or obtains, or offers to receive or obtain, a pecuniary benefit from any person; or\n- (ii) gives, or offers to give, a pecuniary benefit to any person; or\n- (iii) causes, or offers, threatens or agrees to cause, a pecuniary detriment to any person;\n- (i) a law enforcement agency;\n- (ii) a law enforcement officer;\n- (iii) the chief executive of the department in which the Wagering Act 1998 is administered;\n- (iv) a responsible entity for the sporting event; and\n- (i) receives or obtains, or offers to receive or obtain, a pecuniary benefit from any person; or\n- (ii) gives, or offers to give, a pecuniary benefit to any person; or\n- (iii) causes, or offers, threatens or agrees to cause, a pecuniary detriment to any person;","sortOrder":99},{"sectionNumber":"sch.1-sec.443F","sectionType":"section","heading":"Using or disclosing inside knowledge for betting","content":"### sch.1-sec.443F Using or disclosing inside knowledge for betting\n\nFor this section, information or knowledge that a person has about a sporting event or sporting contingency is inside knowledge if—\na person possesses the information or knowledge because the person—\nis or was involved in, or connected to, the conduct, management or organisation of the sporting event or any part of the event; or\nhas or had a connection to an entity that is, or will be, a participant in the sporting event or any part of the event; and\nthe information or knowledge is not publicly available information; and\nif the information or knowledge were publicly available information, would, or would be likely to, influence persons betting on the event or contingency in deciding whether to bet on the event or contingency; and\nuse of the information by the person to make a relevant bet would be contrary to the standards of integrity that an ordinary person would reasonably expect of persons in possession of the knowledge or information.\nA person who has inside knowledge in relation to a sporting event or sporting contingency and—\nmakes a relevant bet in relation to the event or contingency; or\nencourages another person to make a relevant bet in relation to the event or contingency;\ncommits a crime.\nMaximum penalty—2 years imprisonment.\nA person who—\nhas inside knowledge in relation to a sporting event or sporting contingency; and\ndiscloses the inside knowledge to another person for the purpose of the other person making a relevant bet in relation to the event or contingency;\ncommits a crime.\nMaximum penalty—2 years imprisonment.\nA person who—\nreceives information in relation to a sporting event or sporting contingency from another person; and\nknows, or ought reasonably to know, the information is inside knowledge in relation to the event or contingency; and\nafter receiving the inside knowledge—\nmakes a relevant bet in relation to the event or contingency; or\nencourages another person to make a relevant bet in relation to the event or contingency;\ncommits a crime.\nMaximum penalty—2 years imprisonment.\nFor subsection (2) (b) , (3) (b) or (4) (c) (ii) , it does not matter whether a person mentioned in that provision makes a relevant bet in relation to the event or contingency.\nIn this section—\npublicly available information means information that—\nis readily available to the public; or\nhas been made known in a manner that would, or would be likely to, bring it to the attention of the public; or\nconsists of deductions, conclusions or inferences made or drawn from information mentioned in paragraph (a) or (b) .\nrelevant bet , in relation to a sporting event or a sporting contingency, means a bet on the outcome of the event or the happening of the sporting contingency on behalf of any person.\nsch 1 pt 6 div 1 ch 43 s 443F ins 2014 No. 39 s 30\n(sch.1-sec.443F-ssec.1) For this section, information or knowledge that a person has about a sporting event or sporting contingency is inside knowledge if— a person possesses the information or knowledge because the person— is or was involved in, or connected to, the conduct, management or organisation of the sporting event or any part of the event; or has or had a connection to an entity that is, or will be, a participant in the sporting event or any part of the event; and the information or knowledge is not publicly available information; and if the information or knowledge were publicly available information, would, or would be likely to, influence persons betting on the event or contingency in deciding whether to bet on the event or contingency; and use of the information by the person to make a relevant bet would be contrary to the standards of integrity that an ordinary person would reasonably expect of persons in possession of the knowledge or information.\n(sch.1-sec.443F-ssec.2) A person who has inside knowledge in relation to a sporting event or sporting contingency and— makes a relevant bet in relation to the event or contingency; or encourages another person to make a relevant bet in relation to the event or contingency; commits a crime. Maximum penalty—2 years imprisonment.\n(sch.1-sec.443F-ssec.3) A person who— has inside knowledge in relation to a sporting event or sporting contingency; and discloses the inside knowledge to another person for the purpose of the other person making a relevant bet in relation to the event or contingency; commits a crime. Maximum penalty—2 years imprisonment.\n(sch.1-sec.443F-ssec.4) A person who— receives information in relation to a sporting event or sporting contingency from another person; and knows, or ought reasonably to know, the information is inside knowledge in relation to the event or contingency; and after receiving the inside knowledge— makes a relevant bet in relation to the event or contingency; or encourages another person to make a relevant bet in relation to the event or contingency; commits a crime. Maximum penalty—2 years imprisonment.\n(sch.1-sec.443F-ssec.5) For subsection (2) (b) , (3) (b) or (4) (c) (ii) , it does not matter whether a person mentioned in that provision makes a relevant bet in relation to the event or contingency.\n(sch.1-sec.443F-ssec.6) In this section— publicly available information means information that— is readily available to the public; or has been made known in a manner that would, or would be likely to, bring it to the attention of the public; or consists of deductions, conclusions or inferences made or drawn from information mentioned in paragraph (a) or (b) . relevant bet , in relation to a sporting event or a sporting contingency, means a bet on the outcome of the event or the happening of the sporting contingency on behalf of any person.\n- (a) a person possesses the information or knowledge because the person— (i) is or was involved in, or connected to, the conduct, management or organisation of the sporting event or any part of the event; or (ii) has or had a connection to an entity that is, or will be, a participant in the sporting event or any part of the event; and\n- (i) is or was involved in, or connected to, the conduct, management or organisation of the sporting event or any part of the event; or\n- (ii) has or had a connection to an entity that is, or will be, a participant in the sporting event or any part of the event; and\n- (b) the information or knowledge is not publicly available information; and\n- (c) if the information or knowledge were publicly available information, would, or would be likely to, influence persons betting on the event or contingency in deciding whether to bet on the event or contingency; and\n- (d) use of the information by the person to make a relevant bet would be contrary to the standards of integrity that an ordinary person would reasonably expect of persons in possession of the knowledge or information.\n- (i) is or was involved in, or connected to, the conduct, management or organisation of the sporting event or any part of the event; or\n- (ii) has or had a connection to an entity that is, or will be, a participant in the sporting event or any part of the event; and\n- (a) makes a relevant bet in relation to the event or contingency; or\n- (b) encourages another person to make a relevant bet in relation to the event or contingency;\n- (a) has inside knowledge in relation to a sporting event or sporting contingency; and\n- (b) discloses the inside knowledge to another person for the purpose of the other person making a relevant bet in relation to the event or contingency;\n- (a) receives information in relation to a sporting event or sporting contingency from another person; and\n- (b) knows, or ought reasonably to know, the information is inside knowledge in relation to the event or contingency; and\n- (c) after receiving the inside knowledge— (i) makes a relevant bet in relation to the event or contingency; or (ii) encourages another person to make a relevant bet in relation to the event or contingency;\n- (i) makes a relevant bet in relation to the event or contingency; or\n- (ii) encourages another person to make a relevant bet in relation to the event or contingency;\n- (i) makes a relevant bet in relation to the event or contingency; or\n- (ii) encourages another person to make a relevant bet in relation to the event or contingency;\n- (a) is readily available to the public; or\n- (b) has been made known in a manner that would, or would be likely to, bring it to the attention of the public; or\n- (c) consists of deductions, conclusions or inferences made or drawn from information mentioned in paragraph (a) or (b) .","sortOrder":100},{"sectionNumber":"sch.1-sec.443G","sectionType":"section","heading":"Evidentiary provision","content":"### sch.1-sec.443G Evidentiary provision\n\nFor a proceeding for an offence under this chapter, it does not matter whether any person is successful in affecting the outcome of the sporting event or the happening of the sporting contingency.\nsch 1 pt 6 div 1 ch 43 s 443G ins 2014 No. 39 s 30","sortOrder":101},{"sectionNumber":"sch.1-sec.444","sectionType":"section","heading":null,"content":"### Section sch.1-sec.444\n\nsch 1 pt 6 div 1 ch 43 s 444 amd 1964 No. 14 s 13 ; 1976 No. 25 s 12 ; 1989 No. 17 s 42\nom 1997 No. 3 s 120 sch 1","sortOrder":102},{"sectionNumber":"sch.1-sec.444A","sectionType":"section","heading":"Killing animals with intent to steal","content":"### sch.1-sec.444A Killing animals with intent to steal\n\nAny person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of a crime, and is liable to the same punishment as if the person had stolen the animal.\nIf the offender is sentenced to pay a fine in addition to, or instead of, imprisonment, the fine shall be not less than 10 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , not less than that value, whichever is the higher amount, for every animal killed.\nHowever, the fine imposed in respect of the offence shall not exceed 455 penalty units.\nsch 1 pt 6 div 1 ch 44 ch div 1 s 444A (prev s 402) renum 1986 No. 1 s 39 (a) – (b)\namd 1986 No. 1 s 38 (c) ; 2002 No. 23 s 14 ; 2014 No. 13 s 5\n(sch.1-sec.444A-ssec.1) Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of a crime, and is liable to the same punishment as if the person had stolen the animal.\n(sch.1-sec.444A-ssec.2) If the offender is sentenced to pay a fine in addition to, or instead of, imprisonment, the fine shall be not less than 10 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , not less than that value, whichever is the higher amount, for every animal killed.\n(sch.1-sec.444A-ssec.3) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.","sortOrder":103},{"sectionNumber":"sch.1-sec.444B","sectionType":"section","heading":"Using registered brands with criminal intention","content":"### sch.1-sec.444B Using registered brands with criminal intention\n\nAny person who, with intent to facilitate the commission of a crime, brands or marks any animal with a registered brand or registered mark without the permission of the owner of the brand or mark is guilty of a misdemeanour, and is liable to imprisonment for 5 years.\nIf the offender is sentenced to pay a fine in addition to, or instead of, imprisonment, the fine shall be not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , not less than that value, whichever is the higher amount, for every animal branded or marked.\nHowever, the fine imposed in respect of the offence shall not exceed 455 penalty units.\nsch 1 pt 6 div 1 ch 44 ch div 1 s 444B (prev s 404) renum 1986 No. 1 s 39 (a) – (b)\namd 1986 No. 1 s 39 (c) ; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 15 ; 2014 No. 13 s 6\n(sch.1-sec.444B-ssec.1) Any person who, with intent to facilitate the commission of a crime, brands or marks any animal with a registered brand or registered mark without the permission of the owner of the brand or mark is guilty of a misdemeanour, and is liable to imprisonment for 5 years.\n(sch.1-sec.444B-ssec.2) If the offender is sentenced to pay a fine in addition to, or instead of, imprisonment, the fine shall be not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , not less than that value, whichever is the higher amount, for every animal branded or marked.\n(sch.1-sec.444B-ssec.3) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.","sortOrder":104},{"sectionNumber":"sch.1-sec.445","sectionType":"section","heading":"Unlawfully using stock","content":"### sch.1-sec.445 Unlawfully using stock\n\nAny person who unlawfully uses an animal that is stock, without the consent of the person in lawful possession thereof, is guilty of a misdemeanour and is liable to imprisonment for 5 years, or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so used.\nHowever, the fine imposed in respect of the offence shall not exceed 455 penalty units.\nWithout in any wise limiting the meaning of the term unlawfully uses , such term shall, for the purposes of this section, also mean and include the unlawful possession, by any person, of any animal that is stock, without the consent of the person in lawful possession thereof, and with intent to deprive the owner or person in lawful possession thereof of the use and/or possession of the animal, either temporarily or permanently.\nIt is a defence to a charge of an offence defined in this section to prove that the accused person had the lawful consent of the owner to the use or possession by the person of the animal in question.\nsch 1 pt 6 div 1 ch 44 ch div 2 s 445 amd 1931 22 Geo 5 No. 40 s 15; 1961 10 Eliz 2 No. 11 s 20; 1986 No. 1 s 41 ; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 17 ; 2014 No. 13 s 7\n(sch.1-sec.445-ssec.1) Any person who unlawfully uses an animal that is stock, without the consent of the person in lawful possession thereof, is guilty of a misdemeanour and is liable to imprisonment for 5 years, or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so used.\n(sch.1-sec.445-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.\n(sch.1-sec.445-ssec.3) Without in any wise limiting the meaning of the term unlawfully uses , such term shall, for the purposes of this section, also mean and include the unlawful possession, by any person, of any animal that is stock, without the consent of the person in lawful possession thereof, and with intent to deprive the owner or person in lawful possession thereof of the use and/or possession of the animal, either temporarily or permanently.\n(sch.1-sec.445-ssec.4) It is a defence to a charge of an offence defined in this section to prove that the accused person had the lawful consent of the owner to the use or possession by the person of the animal in question.","sortOrder":105},{"sectionNumber":"sch.1-sec.446","sectionType":"section","heading":"Suspicion of stealing stock","content":"### sch.1-sec.446 Suspicion of stealing stock\n\nWhen any animal that is stock is suspected, on reasonable grounds, to have been stolen, any person in whose possession or custody the animal or the skin or carcass, or any part of the skin or carcass, of the animal so suspected to have been stolen, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the thing in question; and the person is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal or skin or carcass or part of skin or carcass so found.\nHowever, the fine imposed in respect of the offence shall not exceed 455 penalty units.\nIt is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the thing in question.\nsch 1 pt 6 div 1 ch 44 ch div 2 s 446 amd 1961 10 Eliz 2 No. 11 s 21; 1973 No. 88 s 7 ; 1986 No. 1 s 42 ; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 18 ; 2014 No. 13 s 8\n(sch.1-sec.446-ssec.1) When any animal that is stock is suspected, on reasonable grounds, to have been stolen, any person in whose possession or custody the animal or the skin or carcass, or any part of the skin or carcass, of the animal so suspected to have been stolen, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the thing in question; and the person is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal or skin or carcass or part of skin or carcass so found.\n(sch.1-sec.446-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.\n(sch.1-sec.446-ssec.3) It is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the thing in question.","sortOrder":106},{"sectionNumber":"sch.1-sec.447","sectionType":"section","heading":"Illegal branding","content":"### sch.1-sec.447 Illegal branding\n\nAny person who, knowing that the person is not the owner of an animal that is stock, brands or marks it, or knowingly permits it to be branded or marked, with the person’s registered brand or the person’s registered mark, is guilty of a misdemeanour, and is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so branded or marked.\nHowever, the fine imposed in respect of the offence shall not exceed 455 penalty units.\nsch 1 pt 6 div 1 ch 44 ch div 2 s 447 amd 1961 10 Eliz 2 No. 11 s 22; 1973 No. 88 s 8 ; 1986 No. 1 s 43 ; 1988 No. 88 s 5 sch 2 ; 26 March 1994 RA s 39; 2002 No. 23 s 19 ; 2014 No. 13 s 9\n(sch.1-sec.447-ssec.1) Any person who, knowing that the person is not the owner of an animal that is stock, brands or marks it, or knowingly permits it to be branded or marked, with the person’s registered brand or the person’s registered mark, is guilty of a misdemeanour, and is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so branded or marked.\n(sch.1-sec.447-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.","sortOrder":107},{"sectionNumber":"sch.1-sec.448","sectionType":"section","heading":"Defacing brands","content":"### sch.1-sec.448 Defacing brands\n\nAny person who—\nalters, defaces, or otherwise renders undistinguishable, any registered brand or registered mark on an animal that is stock; or\nknowingly permits any such act to be done by any person over whom the person has control;\nis guilty of a misdemeanour, and is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal with respect to which the act is done.\nHowever, the fine imposed in respect of the offence shall not exceed 455 penalty units.\nsch 1 pt 6 div 1 ch 44 ch div 2 s 448 amd 1961 10 Eliz 2 No. 11 s 23; 1973 No. 88 s 9 ; 1986 No. 1 s 44 ; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 20 ; 2014 No. 13 s 10\n(sch.1-sec.448-ssec.1) Any person who— alters, defaces, or otherwise renders undistinguishable, any registered brand or registered mark on an animal that is stock; or knowingly permits any such act to be done by any person over whom the person has control; is guilty of a misdemeanour, and is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal with respect to which the act is done.\n(sch.1-sec.448-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.\n- (a) alters, defaces, or otherwise renders undistinguishable, any registered brand or registered mark on an animal that is stock; or\n- (b) knowingly permits any such act to be done by any person over whom the person has control;","sortOrder":108},{"sectionNumber":"sch.1-sec.448A","sectionType":"section","heading":"Having in possession stock with defaced brand","content":"### sch.1-sec.448A Having in possession stock with defaced brand\n\nAny person in whose possession or custody any animal that is stock on which any registered brand or registered mark has been altered, defaced, or otherwise rendered indistinguishable, or reasonably suspected to have been altered, defaced, or otherwise rendered indistinguishable, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the animal in question; and the person is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so found.\nHowever, the fine imposed in respect of the offence shall not exceed 455 penalty units.\nIt is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the animal in question.\nsch 1 pt 6 div 1 ch 44 ch div 2 s 448A ins 1931 22 Geo 5 No. 40 s 16\namd 1961 10 Eliz 2 No. 11 s 24; 1973 No. 88 s 10 ; 1986 No. 1 s 45; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 21 ; 2014 No. 13 s 11\n(sch.1-sec.448A-ssec.1) Any person in whose possession or custody any animal that is stock on which any registered brand or registered mark has been altered, defaced, or otherwise rendered indistinguishable, or reasonably suspected to have been altered, defaced, or otherwise rendered indistinguishable, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the animal in question; and the person is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so found.\n(sch.1-sec.448A-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.\n(sch.1-sec.448A-ssec.3) It is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the animal in question.","sortOrder":109},{"sectionNumber":"sch.1-sec.449","sectionType":"section","heading":null,"content":"### Section sch.1-sec.449\n\nsch 1 pt 6 div 1 ch 44 ch div 3 s 449 amd 1931 22 Geo 5 No. 40 s 17; 1961 10 Eliz 2 No. 11 s 25; 1986 No. 1 s 47\nom 1997 No. 3 s 120 sch 1","sortOrder":110},{"sectionNumber":"sch.1-sec.450","sectionType":"section","heading":null,"content":"### Section sch.1-sec.450\n\nsch 1 pt 6 div 1 ch 44 ch div 3 s 450 amd 1986 No. 1 s 48\nom 2002 No. 23 s 22","sortOrder":111},{"sectionNumber":"sch.1-sec.450A","sectionType":"section","heading":"Arrest without warrant","content":"### sch.1-sec.450A Arrest without warrant\n\nA person found committing any of the offences defined in chapter division 2 may be arrested without warrant by the owner of the property in question or the owner’s servant or by any person authorised by such owner or servant.\nsch 1 pt 6 div 1 ch 44 ch div 3 s 450A ins 1986 No. 1 s 49\namd 2000 No. 5 s 461 sch 3","sortOrder":112},{"sectionNumber":"sch.1-sec.450B","sectionType":"section","heading":"Warrant in first instance","content":"### sch.1-sec.450B Warrant in first instance\n\nA justice may issue a warrant in the first instance for the arrest of any person charged with any of the offences defined in chapter division 2 .\nsch 1 pt 6 div 1 ch 44 ch div 3 s 450B ins 1986 No. 1 s 50","sortOrder":113},{"sectionNumber":"sch.1-sec.450C","sectionType":"section","heading":null,"content":"### Section sch.1-sec.450C\n\nsch 1 pt 6 div 1 ch 44 ch div 3 s 450C ins 1986 No. 1 s 51\nom 2002 No. 23 s 23","sortOrder":114},{"sectionNumber":"sch.1-sec.450D","sectionType":"section","heading":"Definitions for ch 44A","content":"### sch.1-sec.450D Definitions for ch 44A\n\nIn this chapter—\nadequate prescribed record , of an animal, means a prescribed record that is a true representation of the animal.\nsch 1 pt 6 div 1 ch 44A ch div 1 s 450D def adequate prescribed record ins 2014 No. 13 s 13 (2)\nanimal means any animal that is stock.\nprescribed record , of an animal, means a record of the animal (including of any brands, permitted brand imprinting positions, ear marks, or tags on the animal) consisting of photographs, tapes, films, digital imagery or any other means of visual reproduction (or any combination of them).\nsch 1 pt 6 div 1 ch 44A ch div 1 s 450D def prescribed record ins 2014 No. 13 s 13 (2)\nstock disposal order see section 450EB (1) .\nsch 1 pt 6 div 1 ch 44A ch div 1 s 450D def stock disposal order ins 2014 No. 13 s 13 (2)\nsch 1 pt 6 div 1 ch 44A ch div 1 s 450D ins 1986 No. 1 s 53\nsub 2002 No. 23 s 25\namd 2014 No. 13 s 13 (1)","sortOrder":115},{"sectionNumber":"sch.1-sec.450E","sectionType":"section","heading":"Duty of police officer who seizes an animal connected with a charge","content":"### sch.1-sec.450E Duty of police officer who seizes an animal connected with a charge\n\nA police officer who seizes an animal connected with a charge—\nmust as soon as reasonably practicable after the seizure cause an adequate prescribed record of the animal to be made; and\nif an adequate prescribed record of the animal is caused to be made by the police officer or is otherwise available to a police officer, may cause the animal to be returned to its owner if the defendant does not object to its return.\nHowever, subsection (1) (a) does not apply if an adequate prescribed record of the animal is already available to a police officer.\nsch 1 pt 6 div 1 ch 44A ch div 2 s 450E ins 1986 No. 1 s 54\namd 2005 No. 70 s 166 sch\nsub 2014 No. 13 s 14\n(sch.1-sec.450E-ssec.1) A police officer who seizes an animal connected with a charge— must as soon as reasonably practicable after the seizure cause an adequate prescribed record of the animal to be made; and if an adequate prescribed record of the animal is caused to be made by the police officer or is otherwise available to a police officer, may cause the animal to be returned to its owner if the defendant does not object to its return.\n(sch.1-sec.450E-ssec.2) However, subsection (1) (a) does not apply if an adequate prescribed record of the animal is already available to a police officer.\n- (a) must as soon as reasonably practicable after the seizure cause an adequate prescribed record of the animal to be made; and\n- (b) if an adequate prescribed record of the animal is caused to be made by the police officer or is otherwise available to a police officer, may cause the animal to be returned to its owner if the defendant does not object to its return.","sortOrder":116},{"sectionNumber":"sch.1-sec.450EA","sectionType":"section","heading":"Admissibility of adequate prescribed record","content":"### sch.1-sec.450EA Admissibility of adequate prescribed record\n\nAn adequate prescribed record of an animal is admissible in a proceeding on the charge in relation to which the prescribed record was made by, or made available to, a police officer or on a related charge, as evidence of the matters it depicts, including any of the following—\nthe existence of the animal when the prescribed record was made;\nthe condition of the animal at that time;\na brand or other mark or feature of identification on the animal at that time.\nSubsection (3) applies if an adequate prescribed record of an animal connected with a charge and seized by a police officer is tendered as evidence of matters depicted by the record in a proceeding on the charge or a related charge.\nNo objection can be taken or allowed to the admission as evidence of matters depicted by the adequate prescribed record.\nSubsections (1) and (3) apply in relation to a proceeding whether it is started before or after the commencement of this section.\nIn this section—\nrelated charge , for a charge, means a charge based on the same act or omission as the act or omission that charge is based on.\nsch 1 pt 6 div 1 ch 44A ch div 2 s 450EA ins 2014 No. 13 s 14\n(sch.1-sec.450EA-ssec.1) An adequate prescribed record of an animal is admissible in a proceeding on the charge in relation to which the prescribed record was made by, or made available to, a police officer or on a related charge, as evidence of the matters it depicts, including any of the following— the existence of the animal when the prescribed record was made; the condition of the animal at that time; a brand or other mark or feature of identification on the animal at that time.\n(sch.1-sec.450EA-ssec.2) Subsection (3) applies if an adequate prescribed record of an animal connected with a charge and seized by a police officer is tendered as evidence of matters depicted by the record in a proceeding on the charge or a related charge.\n(sch.1-sec.450EA-ssec.3) No objection can be taken or allowed to the admission as evidence of matters depicted by the adequate prescribed record.\n(sch.1-sec.450EA-ssec.4) Subsections (1) and (3) apply in relation to a proceeding whether it is started before or after the commencement of this section.\n(sch.1-sec.450EA-ssec.5) In this section— related charge , for a charge, means a charge based on the same act or omission as the act or omission that charge is based on.\n- (a) the existence of the animal when the prescribed record was made;\n- (b) the condition of the animal at that time;\n- (c) a brand or other mark or feature of identification on the animal at that time.","sortOrder":117},{"sectionNumber":"sch.1-sec.450EB","sectionType":"section","heading":"Application for stock disposal order","content":"### sch.1-sec.450EB Application for stock disposal order\n\nA police officer or Crown prosecutor may apply to the District Court or a Magistrates Court for an order (a stock disposal order ) for the sale of an animal that is—\nseized; and\nconnected with a charge that has not finally been disposed of.\nAn application for a stock disposal order for an animal may be made only if—\na police officer has caused an adequate prescribed record of the animal to be made, or an adequate prescribed record of the animal is otherwise available to a police officer; and\neither—\nthe defendant objects to the animal’s return to its owner; or\nall of the following apply—\nthe defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner;\na police officer has offered the owner the return of the animal;\nthe owner declined the offer.\nHowever, subsection (2) (b) does not apply if the defendant and the person claiming ownership of the animal can not reasonably be located.\nThe applicant must, at least 28 days before the hearing of the application, give each person who has a legal or equitable interest in the animal a copy of the application, unless the person can not reasonably be located.\nEach person who has a legal or equitable interest in the animal may be a party to the application.\nsch 1 pt 6 div 1 ch 44A ch div 3 s 450EB ins 2014 No. 13 s 14\n(sch.1-sec.450EB-ssec.1) A police officer or Crown prosecutor may apply to the District Court or a Magistrates Court for an order (a stock disposal order ) for the sale of an animal that is— seized; and connected with a charge that has not finally been disposed of.\n(sch.1-sec.450EB-ssec.2) An application for a stock disposal order for an animal may be made only if— a police officer has caused an adequate prescribed record of the animal to be made, or an adequate prescribed record of the animal is otherwise available to a police officer; and either— the defendant objects to the animal’s return to its owner; or all of the following apply— the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner; a police officer has offered the owner the return of the animal; the owner declined the offer.\n(sch.1-sec.450EB-ssec.3) However, subsection (2) (b) does not apply if the defendant and the person claiming ownership of the animal can not reasonably be located.\n(sch.1-sec.450EB-ssec.4) The applicant must, at least 28 days before the hearing of the application, give each person who has a legal or equitable interest in the animal a copy of the application, unless the person can not reasonably be located.\n(sch.1-sec.450EB-ssec.5) Each person who has a legal or equitable interest in the animal may be a party to the application.\n- (a) seized; and\n- (b) connected with a charge that has not finally been disposed of.\n- (a) a police officer has caused an adequate prescribed record of the animal to be made, or an adequate prescribed record of the animal is otherwise available to a police officer; and\n- (b) either— (i) the defendant objects to the animal’s return to its owner; or (ii) all of the following apply— (A) the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner; (B) a police officer has offered the owner the return of the animal; (C) the owner declined the offer.\n- (i) the defendant objects to the animal’s return to its owner; or\n- (ii) all of the following apply— (A) the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner; (B) a police officer has offered the owner the return of the animal; (C) the owner declined the offer.\n- (A) the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner;\n- (B) a police officer has offered the owner the return of the animal;\n- (C) the owner declined the offer.\n- (i) the defendant objects to the animal’s return to its owner; or\n- (ii) all of the following apply— (A) the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner; (B) a police officer has offered the owner the return of the animal; (C) the owner declined the offer.\n- (A) the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner;\n- (B) a police officer has offered the owner the return of the animal;\n- (C) the owner declined the offer.\n- (A) the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner;\n- (B) a police officer has offered the owner the return of the animal;\n- (C) the owner declined the offer.","sortOrder":118},{"sectionNumber":"sch.1-sec.450EC","sectionType":"section","heading":"Affidavit to accompany application","content":"### sch.1-sec.450EC Affidavit to accompany application\n\nAn application for a stock disposal order for an animal must be accompanied by 1 or more affidavits stating the following—\na description of the animal;\nthe charge with which the animal is connected;\nthe name of the defendant, the police officer or Crown prosecutor, and the person claiming to own the animal;\ndetails of the adequate prescribed record of the animal;\nthe value of the animal as valued under section 450F ;\nthe number of animals connected with the charge;\nthe date and place of the animal’s seizure;\nthe persons to whom the applicant gave a copy of the application under section 450EB (4) ;\nthe persons to whom the applicant could not give a copy of the application under section 450EB (4) because the person could not reasonably be located.\nsch 1 pt 6 div 1 ch 44A ch div 3 s 450EC ins 2014 No. 13 s 14\n- (a) a description of the animal;\n- (b) the charge with which the animal is connected;\n- (c) the name of the defendant, the police officer or Crown prosecutor, and the person claiming to own the animal;\n- (d) details of the adequate prescribed record of the animal;\n- (e) the value of the animal as valued under section 450F ;\n- (f) the number of animals connected with the charge;\n- (g) the date and place of the animal’s seizure;\n- (h) the persons to whom the applicant gave a copy of the application under section 450EB (4) ;\n- (i) the persons to whom the applicant could not give a copy of the application under section 450EB (4) because the person could not reasonably be located.","sortOrder":119},{"sectionNumber":"sch.1-sec.450ED","sectionType":"section","heading":"When order may be made if party disputes making of order","content":"### sch.1-sec.450ED When order may be made if party disputes making of order\n\nIf a party to an application for a stock disposal order for an animal disputes the making of the order, the court may make the order only if it is satisfied of the following—\nsection 450EB (2) is satisfied in relation to the application;\nthe applicant gave each person who has a legal or equitable interest in the animal a copy of the application as required under section 450EB (4) ;\nthe animal has been valued under section 450F ;\nthe animal is not registered breeding stock;\nthe defendant has had a reasonable time to conduct his or her own inquiries about the identification and value of the animal;\nthere is no good reason for not making the order.\nsch 1 pt 6 div 1 ch 44A ch div 3 s 450ED ins 2014 No. 13 s 14\n- (a) section 450EB (2) is satisfied in relation to the application;\n- (b) the applicant gave each person who has a legal or equitable interest in the animal a copy of the application as required under section 450EB (4) ;\n- (c) the animal has been valued under section 450F ;\n- (d) the animal is not registered breeding stock;\n- (e) the defendant has had a reasonable time to conduct his or her own inquiries about the identification and value of the animal;\n- (f) there is no good reason for not making the order.","sortOrder":120},{"sectionNumber":"sch.1-sec.450EE","sectionType":"section","heading":"Order if no dispute","content":"### sch.1-sec.450EE Order if no dispute\n\nIf no party to an application for a stock disposal order for an animal disputes the making of the order, the court may make the order, unless there is a good reason for not making the order.\nsch 1 pt 6 div 1 ch 44A ch div 3 s 450EE ins 2014 No. 13 s 14","sortOrder":121},{"sectionNumber":"sch.1-sec.450EF","sectionType":"section","heading":"Content of order","content":"### sch.1-sec.450EF Content of order\n\nA stock disposal order for an animal must—\nidentify the animal; and\ndirect the commissioner of the police service to sell the animal—\nby auction at market value; or\nin another stated way; and\ndirect that the net proceeds of the sale be paid into the court.\nSubsection (3) applies if—\nthe defendant is acquitted or convicted of the charge with which the animal is connected; or\nthe prosecution of the defendant in relation to the charge with which the animal is connected is discontinued.\nThe prosecutor or the defendant may apply for, or the court in which the charge was heard or to be heard may on its own initiative make, an order that the net proceeds of the sale be paid out of the court, in which the proceeds are held, in a stated way.\nIn deciding how the net proceeds of sale are to be paid out of the court, the court must give priority to any amount owing, immediately before the sale, to an entity under a security interest registered for the animal under the Personal Property Securities Act 2009 (Cwlth) .\nPayment out of court under an order under subsection (3) is stayed—\nfor 1 month after the making of the order; or\nif an appeal against the defendant’s conviction is started, until the end of the appeal.\nThe appeal court may vary an order made under subsection (3) .\nsch 1 pt 6 div 1 ch 44A ch div 3 s 450EF ins 2014 No. 13 s 14\n(sch.1-sec.450EF-ssec.1) A stock disposal order for an animal must— identify the animal; and direct the commissioner of the police service to sell the animal— by auction at market value; or in another stated way; and direct that the net proceeds of the sale be paid into the court.\n(sch.1-sec.450EF-ssec.2) Subsection (3) applies if— the defendant is acquitted or convicted of the charge with which the animal is connected; or the prosecution of the defendant in relation to the charge with which the animal is connected is discontinued.\n(sch.1-sec.450EF-ssec.3) The prosecutor or the defendant may apply for, or the court in which the charge was heard or to be heard may on its own initiative make, an order that the net proceeds of the sale be paid out of the court, in which the proceeds are held, in a stated way.\n(sch.1-sec.450EF-ssec.4) In deciding how the net proceeds of sale are to be paid out of the court, the court must give priority to any amount owing, immediately before the sale, to an entity under a security interest registered for the animal under the Personal Property Securities Act 2009 (Cwlth) .\n(sch.1-sec.450EF-ssec.5) Payment out of court under an order under subsection (3) is stayed— for 1 month after the making of the order; or if an appeal against the defendant’s conviction is started, until the end of the appeal.\n(sch.1-sec.450EF-ssec.6) The appeal court may vary an order made under subsection (3) .\n- (a) identify the animal; and\n- (b) direct the commissioner of the police service to sell the animal— (i) by auction at market value; or (ii) in another stated way; and\n- (i) by auction at market value; or\n- (ii) in another stated way; and\n- (c) direct that the net proceeds of the sale be paid into the court.\n- (i) by auction at market value; or\n- (ii) in another stated way; and\n- (a) the defendant is acquitted or convicted of the charge with which the animal is connected; or\n- (b) the prosecution of the defendant in relation to the charge with which the animal is connected is discontinued.\n- (a) for 1 month after the making of the order; or\n- (b) if an appeal against the defendant’s conviction is started, until the end of the appeal.","sortOrder":122},{"sectionNumber":"sch.1-sec.450EG","sectionType":"section","heading":"Security for costs of keeping animal","content":"### sch.1-sec.450EG Security for costs of keeping animal\n\nSubsection (2) applies if—\na party to an application for a stock disposal order for an animal disputes the making of the order; and\nno stock disposal order is made.\nThe court may order the party to provide security, for the benefit of the person keeping the animal, for the amount of the costs decided by the court of keeping the animal for the relevant period.\nIn this section—\nrelevant period means the period—\nstarting on the day the hearing of the application starts; and\nending on the later of the following—\nthe day judgment is delivered in an appeal relating to the charge with which the animal is connected;\nthe day on which any right to appeal relating to the charge with which the animal is connected expires.\nsch 1 pt 6 div 1 ch 44A ch div 3 s 450EG ins 2014 No. 13 s 14\n(sch.1-sec.450EG-ssec.1) Subsection (2) applies if— a party to an application for a stock disposal order for an animal disputes the making of the order; and no stock disposal order is made.\n(sch.1-sec.450EG-ssec.2) The court may order the party to provide security, for the benefit of the person keeping the animal, for the amount of the costs decided by the court of keeping the animal for the relevant period.\n(sch.1-sec.450EG-ssec.3) In this section— relevant period means the period— starting on the day the hearing of the application starts; and ending on the later of the following— the day judgment is delivered in an appeal relating to the charge with which the animal is connected; the day on which any right to appeal relating to the charge with which the animal is connected expires.\n- (a) a party to an application for a stock disposal order for an animal disputes the making of the order; and\n- (b) no stock disposal order is made.\n- (a) starting on the day the hearing of the application starts; and\n- (b) ending on the later of the following— (i) the day judgment is delivered in an appeal relating to the charge with which the animal is connected; (ii) the day on which any right to appeal relating to the charge with which the animal is connected expires.\n- (i) the day judgment is delivered in an appeal relating to the charge with which the animal is connected;\n- (ii) the day on which any right to appeal relating to the charge with which the animal is connected expires.\n- (i) the day judgment is delivered in an appeal relating to the charge with which the animal is connected;\n- (ii) the day on which any right to appeal relating to the charge with which the animal is connected expires.","sortOrder":123},{"sectionNumber":"sch.1-sec.450EH","sectionType":"section","heading":"Clear title to animal for sale under order","content":"### sch.1-sec.450EH Clear title to animal for sale under order\n\nA stock disposal order for an animal is sufficient authority for the commissioner of the police service to convey clear title to the animal to any buyer under the order.\nsch 1 pt 6 div 1 ch 44A ch div 3 s 450EH ins 2014 No. 13 s 14","sortOrder":124},{"sectionNumber":"sch.1-sec.450EI","sectionType":"section","heading":"Unavailability of animal at trial","content":"### sch.1-sec.450EI Unavailability of animal at trial\n\nAn animal connected with a charge and seized by a police officer is not required to be made available at the defendant’s trial if an adequate prescribed record of the animal is available to the prosecutor for the trial.\nA defendant’s trial is not unfair merely because an animal is unavailable at trial because it has been—\nsold under a stock disposal order; or\nreturned to its owner under section 450E (1) (b) after its seizure.\nsch 1 pt 6 div 1 ch 44A ch div 4 s 450EI ins 2014 No. 13 s 14\n(sch.1-sec.450EI-ssec.1) An animal connected with a charge and seized by a police officer is not required to be made available at the defendant’s trial if an adequate prescribed record of the animal is available to the prosecutor for the trial.\n(sch.1-sec.450EI-ssec.2) A defendant’s trial is not unfair merely because an animal is unavailable at trial because it has been— sold under a stock disposal order; or returned to its owner under section 450E (1) (b) after its seizure.\n- (a) sold under a stock disposal order; or\n- (b) returned to its owner under section 450E (1) (b) after its seizure.","sortOrder":125},{"sectionNumber":"sch.1-sec.450EJ","sectionType":"section","heading":"Effect of defendant not objecting to animal’s return to its owner","content":"### sch.1-sec.450EJ Effect of defendant not objecting to animal’s return to its owner\n\nThis section applies if a police officer seizes an animal connected with a charge and the defendant does not object to the return of the animal to its owner.\nIn a proceeding on the charge the court can not draw an inference adverse to the defendant from the fact that the defendant does not object to the animal’s return to its owner.\nsch 1 pt 6 div 1 ch 44A ch div 4 s 450EJ ins 2014 No. 13 s 14\n(sch.1-sec.450EJ-ssec.1) This section applies if a police officer seizes an animal connected with a charge and the defendant does not object to the return of the animal to its owner.\n(sch.1-sec.450EJ-ssec.2) In a proceeding on the charge the court can not draw an inference adverse to the defendant from the fact that the defendant does not object to the animal’s return to its owner.","sortOrder":126},{"sectionNumber":"sch.1-sec.450F","sectionType":"section","heading":"Animal valuers and valuations","content":"### sch.1-sec.450F Animal valuers and valuations\n\nThis section is applicable in every case in which a provision of this Code relates the amount of a fine to the value of an animal determined in accordance with the provisions of the regulations made pursuant to this section.\nThe chief executive may appoint a person as an animal valuer.\nThe Governor in Council may make regulations, not inconsistent with the provisions of this Code, for or with respect to the following—\nterms and conditions of appointment of animal valuers;\nqualifications, eligibility and experience of persons to be animal valuers;\nfees and allowances payable to animal valuers;\nappointment of animal valuers;\nvaluation of animals by animal valuers;\nthe selection of panels of animal valuers;\nthe constitution and operation of panels, including the number of animal valuers constituting a panel;\nfunctions and duties of animal valuers;\nthe keeping of a register of animal valuers;\nmethod of determination of valuation of animals in cases where animals available for inspection and in cases where animals not available for inspection and, in the latter case, use of hides, skins, ears, photographs or tapes, films or any other means of visual reproduction, books, records and comparable prices for comparable animals;\nmethod of determination of valuation of animals where animal valuers constituting a panel are not in agreement as to value;\nprocedures in relation to meetings of panels and making of valuations of animals in conjunction with court proceedings and adjournments of proceedings;\nidentification of animals by panels;\nissue and use of valuation certificates with respect to valuation of animals;\nform of valuation certificates;\nregulating matters and procedures relating to the initiation of the making of valuations of animals, times within which valuations are to be made in relation to any proceedings, adjournments of proceedings in connection with the making of animal valuations, use of valuation certificates in proceedings and receipt of valuation certificates as evidence in proceedings;\nsufficiency of evidence of value of animals by tender of valuation certificates in proceedings until contrary value is proved, determination of value where contrary value is so proved, and application of such determined value;\nfacilitation of proof of—\nappointments of animal valuers; and\nselection of animal valuers to panels; and\nsignatures of animal valuers;\nsuch other matters as may be convenient for the operation of this section and its application in accordance with subsection (1) or that may be necessary or expedient to achieve the objects and purposes with respect to such operation and application.\nsch 1 pt 6 div 1 ch 44A ch div 4 s 450F ins 1986 No. 1 s 55\namd 1997 No. 82 s 3 sch ; 2005 No. 70 s 166 sch ; 2007 No. 37 s 43 ; 2014 No. 13 s 15\n(sch.1-sec.450F-ssec.1) This section is applicable in every case in which a provision of this Code relates the amount of a fine to the value of an animal determined in accordance with the provisions of the regulations made pursuant to this section.\n(sch.1-sec.450F-ssec.2) The chief executive may appoint a person as an animal valuer.\n(sch.1-sec.450F-ssec.3) The Governor in Council may make regulations, not inconsistent with the provisions of this Code, for or with respect to the following— terms and conditions of appointment of animal valuers; qualifications, eligibility and experience of persons to be animal valuers; fees and allowances payable to animal valuers; appointment of animal valuers; valuation of animals by animal valuers; the selection of panels of animal valuers; the constitution and operation of panels, including the number of animal valuers constituting a panel; functions and duties of animal valuers; the keeping of a register of animal valuers; method of determination of valuation of animals in cases where animals available for inspection and in cases where animals not available for inspection and, in the latter case, use of hides, skins, ears, photographs or tapes, films or any other means of visual reproduction, books, records and comparable prices for comparable animals; method of determination of valuation of animals where animal valuers constituting a panel are not in agreement as to value; procedures in relation to meetings of panels and making of valuations of animals in conjunction with court proceedings and adjournments of proceedings; identification of animals by panels; issue and use of valuation certificates with respect to valuation of animals; form of valuation certificates; regulating matters and procedures relating to the initiation of the making of valuations of animals, times within which valuations are to be made in relation to any proceedings, adjournments of proceedings in connection with the making of animal valuations, use of valuation certificates in proceedings and receipt of valuation certificates as evidence in proceedings; sufficiency of evidence of value of animals by tender of valuation certificates in proceedings until contrary value is proved, determination of value where contrary value is so proved, and application of such determined value; facilitation of proof of— appointments of animal valuers; and selection of animal valuers to panels; and signatures of animal valuers; such other matters as may be convenient for the operation of this section and its application in accordance with subsection (1) or that may be necessary or expedient to achieve the objects and purposes with respect to such operation and application.\n- (a) terms and conditions of appointment of animal valuers;\n- (b) qualifications, eligibility and experience of persons to be animal valuers;\n- (c) fees and allowances payable to animal valuers;\n- (d) appointment of animal valuers;\n- (e) valuation of animals by animal valuers;\n- (f) the selection of panels of animal valuers;\n- (g) the constitution and operation of panels, including the number of animal valuers constituting a panel;\n- (h) functions and duties of animal valuers;\n- (i) the keeping of a register of animal valuers;\n- (j) method of determination of valuation of animals in cases where animals available for inspection and in cases where animals not available for inspection and, in the latter case, use of hides, skins, ears, photographs or tapes, films or any other means of visual reproduction, books, records and comparable prices for comparable animals;\n- (k) method of determination of valuation of animals where animal valuers constituting a panel are not in agreement as to value;\n- (l) procedures in relation to meetings of panels and making of valuations of animals in conjunction with court proceedings and adjournments of proceedings;\n- (m) identification of animals by panels;\n- (n) issue and use of valuation certificates with respect to valuation of animals;\n- (o) form of valuation certificates;\n- (p) regulating matters and procedures relating to the initiation of the making of valuations of animals, times within which valuations are to be made in relation to any proceedings, adjournments of proceedings in connection with the making of animal valuations, use of valuation certificates in proceedings and receipt of valuation certificates as evidence in proceedings;\n- (q) sufficiency of evidence of value of animals by tender of valuation certificates in proceedings until contrary value is proved, determination of value where contrary value is so proved, and application of such determined value;\n- (r) facilitation of proof of— (i) appointments of animal valuers; and (ii) selection of animal valuers to panels; and (iii) signatures of animal valuers;\n- (i) appointments of animal valuers; and\n- (ii) selection of animal valuers to panels; and\n- (iii) signatures of animal valuers;\n- (s) such other matters as may be convenient for the operation of this section and its application in accordance with subsection (1) or that may be necessary or expedient to achieve the objects and purposes with respect to such operation and application.\n- (i) appointments of animal valuers; and\n- (ii) selection of animal valuers to panels; and\n- (iii) signatures of animal valuers;","sortOrder":127},{"sectionNumber":"sch.1-sec.450G","sectionType":"section","heading":null,"content":"### Section sch.1-sec.450G\n\nsch 1 pt 6 div 1 ch 44A ch div 4 s 450G ins 1986 No. 1 s 56\nom 2014 No. 13 s 16","sortOrder":128},{"sectionNumber":"sch.1-sec.450H","sectionType":"section","heading":"Licence disqualification where commission of offence facilitated by licence or use of vehicle","content":"### sch.1-sec.450H Licence disqualification where commission of offence facilitated by licence or use of vehicle\n\nWhere a person is convicted of an offence under section 242 , 398 (where the offence relates to the stealing of an animal), 444A , 444B , 445 , 446 , 447 , 448 , 448A or 468 and the court or magistrate is satisfied that the commission of the offence by that person was facilitated by the holding by the person of a driver licence or by the use by the person of a motor vehicle, the court or magistrate may order and direct in addition to any sentence that may be passed or penalty that may be imposed that the offender shall, from the date of conviction, be disqualified absolutely from holding or obtaining a driver licence to operate a motor vehicle or be so disqualified for such period as the court or magistrate shall specify in the order.\nA copy of the order shall be transmitted to the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered by the officer or clerk having custody of the records of the court wherein the conviction was recorded.\nIn this section—\ndriver licence includes any driving licence or driving permit deemed to be equivalent in Queensland to and accepted in lieu of a driver licence for the purpose of authorising the holder thereof to drive in Queensland any vehicle of the type or class to the driving of which the driving licence or driving permit is applicable.\nNothing contained in this section limits the operation of any other provision of any Act under which the court or magistrate is empowered to do any act or thing in respect of the driving, or the driver licence, of any offender.\nsch 1 pt 6 div 1 ch 44A ch div 4 s 450H ins 1986 No. 1 s 57\namd 1989 No. 17 s 43 ; 1997 No. 82 s 3 sch ; 1999 No. 42 s 54 (3) sch ; 2002 No. 23 s 26 ; 2014 No. 39 s 31\n(sch.1-sec.450H-ssec.1) Where a person is convicted of an offence under section 242 , 398 (where the offence relates to the stealing of an animal), 444A , 444B , 445 , 446 , 447 , 448 , 448A or 468 and the court or magistrate is satisfied that the commission of the offence by that person was facilitated by the holding by the person of a driver licence or by the use by the person of a motor vehicle, the court or magistrate may order and direct in addition to any sentence that may be passed or penalty that may be imposed that the offender shall, from the date of conviction, be disqualified absolutely from holding or obtaining a driver licence to operate a motor vehicle or be so disqualified for such period as the court or magistrate shall specify in the order.\n(sch.1-sec.450H-ssec.2) A copy of the order shall be transmitted to the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered by the officer or clerk having custody of the records of the court wherein the conviction was recorded.\n(sch.1-sec.450H-ssec.3) In this section— driver licence includes any driving licence or driving permit deemed to be equivalent in Queensland to and accepted in lieu of a driver licence for the purpose of authorising the holder thereof to drive in Queensland any vehicle of the type or class to the driving of which the driving licence or driving permit is applicable.\n(sch.1-sec.450H-ssec.4) Nothing contained in this section limits the operation of any other provision of any Act under which the court or magistrate is empowered to do any act or thing in respect of the driving, or the driver licence, of any offender.","sortOrder":129},{"sectionNumber":"sch.1-sec.450I","sectionType":"section","heading":"Forfeiture in cases of conviction for offences under specified sections","content":"### sch.1-sec.450I Forfeiture in cases of conviction for offences under specified sections\n\nWhere a person is convicted of an offence under section 242 , 398 (where the offence relates to the stealing of an animal), 444A , 444B , 445 , 446 , 447 , 448 , 448A or 468 , the court or magistrate may order to be forfeited to the Sovereign any vehicle, vessel, animal, equipment or other property or thing used in connection with or to facilitate the commission of the offence of which the person has been convicted.\nAnything forfeited to the Sovereign pursuant to this section shall be dealt with or disposed of in such manner as the Attorney-General directs.\nsch 1 pt 6 div 1 ch 44A ch div 4 s 450I ins 1986 No. 1 s 58\namd 1989 No. 17 s 44 ; 2002 No. 23 s 27 ; 2014 No. 39 s 32 ; 2024 No. 6 s 36 sch 1\n(sch.1-sec.450I-ssec.1) Where a person is convicted of an offence under section 242 , 398 (where the offence relates to the stealing of an animal), 444A , 444B , 445 , 446 , 447 , 448 , 448A or 468 , the court or magistrate may order to be forfeited to the Sovereign any vehicle, vessel, animal, equipment or other property or thing used in connection with or to facilitate the commission of the offence of which the person has been convicted.\n(sch.1-sec.450I-ssec.2) Anything forfeited to the Sovereign pursuant to this section shall be dealt with or disposed of in such manner as the Attorney-General directs.","sortOrder":130},{"sectionNumber":"sch.1-sec.451","sectionType":"section","heading":null,"content":"### Section sch.1-sec.451\n\nsch 1 pt 6 div 1 ch 44B s 451 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 82","sortOrder":131},{"sectionNumber":"sch.1-sec.452","sectionType":"section","heading":null,"content":"### Section sch.1-sec.452\n\nsch 1 pt 6 div 1 ch 44B s 452 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 82","sortOrder":132},{"sectionNumber":"sch.1-sec.453","sectionType":"section","heading":null,"content":"### Section sch.1-sec.453\n\nsch 1 pt 6 div 1 ch 44B s 453 amd 1988 No. 88 s 5 sch 2\nom 1994 No. 37 s 244 sch 2","sortOrder":133},{"sectionNumber":"sch.1-sec.454","sectionType":"section","heading":null,"content":"### Section sch.1-sec.454\n\nsch 1 pt 6 div 1 ch 44B s 454 om 1994 No. 37 s 244 sch 2","sortOrder":134},{"sectionNumber":"sch.1-sec.455","sectionType":"section","heading":null,"content":"### Section sch.1-sec.455\n\nsch 1 pt 6 div 1 ch 44B s 455 amd 2000 No. 5 s 461 sch 3\nom 2008 No. 55 s 82","sortOrder":135},{"sectionNumber":"sch.1-sec.456","sectionType":"section","heading":null,"content":"### Section sch.1-sec.456\n\nsch 1 pt 6 div 1 ch 44B s 456 om 2008 No. 55 s 82","sortOrder":136},{"sectionNumber":"sch.1-sec.457","sectionType":"section","heading":null,"content":"### Section sch.1-sec.457\n\nsch 1 pt 6 div 1 ch 44B s 457 amd 1986 No. 1 s 60\nom 2008 No. 55 s 82","sortOrder":137},{"sectionNumber":"sch.1-pt.6-div.2","sectionType":"division","heading":"Injuries to property","content":"## Injuries to property","sortOrder":138},{"sectionNumber":"sch.1-sec.458","sectionType":"section","heading":"Unlawful acts","content":"### sch.1-sec.458 Unlawful acts\n\nAn act which causes injury to the property of another, and which is done without the owner’s consent, is unlawful unless it is authorised or justified or excused by law.\nFor section 469 , punishment in special cases, clause 11, the destruction or damage by a person of property fixed in a cemetery or at a crematorium is unlawful unless the person is acting—\nwith the owner’s consent; or\nwith the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; or\nin the reasonable belief that lawful consent mentioned in paragraph (b) has been given.\nIt is immaterial that the person who does the injury is in possession of the property injured, or has a partial interest in it, or an interest in it as joint or part owner or owner in common.\nA person is not criminally responsible for an injury caused to property by the use of such force as is reasonably necessary for the purpose of defending or protecting himself, herself, or any other person, or any property, from injury which the person believes, on reasonable grounds, to be imminent.\nsch 1 pt 6 div 2 ch 45 s 458 amd 1997 No. 3 s 85 ; 2011 No. 7 s 7\n(sch.1-sec.458-ssec.1) An act which causes injury to the property of another, and which is done without the owner’s consent, is unlawful unless it is authorised or justified or excused by law.\n(sch.1-sec.458-ssec.2) For section 469 , punishment in special cases, clause 11, the destruction or damage by a person of property fixed in a cemetery or at a crematorium is unlawful unless the person is acting— with the owner’s consent; or with the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; or in the reasonable belief that lawful consent mentioned in paragraph (b) has been given.\n(sch.1-sec.458-ssec.3) It is immaterial that the person who does the injury is in possession of the property injured, or has a partial interest in it, or an interest in it as joint or part owner or owner in common.\n(sch.1-sec.458-ssec.4) A person is not criminally responsible for an injury caused to property by the use of such force as is reasonably necessary for the purpose of defending or protecting himself, herself, or any other person, or any property, from injury which the person believes, on reasonable grounds, to be imminent.\n- (a) with the owner’s consent; or\n- (b) with the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; or\n- (c) in the reasonable belief that lawful consent mentioned in paragraph (b) has been given.","sortOrder":139},{"sectionNumber":"sch.1-sec.459","sectionType":"section","heading":"Acts done with intent to defraud","content":"### sch.1-sec.459 Acts done with intent to defraud\n\nWhen an act which causes injury to property, and which would be otherwise lawful, is done with intent to defraud any person, it is unlawful.\nWhen an act which causes injury to property is done with intent to defraud any person, it is immaterial that the property in question is the property of the offender.\n(sch.1-sec.459-ssec.1) When an act which causes injury to property, and which would be otherwise lawful, is done with intent to defraud any person, it is unlawful.\n(sch.1-sec.459-ssec.2) When an act which causes injury to property is done with intent to defraud any person, it is immaterial that the property in question is the property of the offender.","sortOrder":140},{"sectionNumber":"sch.1-sec.460","sectionType":"section","heading":null,"content":"### Section sch.1-sec.460\n\nsch 1 pt 6 div 2 ch 45 s 460 amd 1997 No. 3 s 86\nom 2008 No. 55 s 83","sortOrder":141},{"sectionNumber":"sch.1-sec.461","sectionType":"section","heading":"Arson","content":"### sch.1-sec.461 Arson\n\nAny person who wilfully and unlawfully sets fire to any of the things following, that is to say—\na building or structure;\na motor vehicle, train, aircraft or vessel;\nany stack of cultivated vegetable produce, or of mineral or vegetable fuel;\na mine, or the workings, fittings, or appliances of a mine;\nis guilty of a crime, and is liable to imprisonment for life.\nIt is immaterial whether or not a thing mentioned in subsection (1) (a) or (b) is complete.\nsch 1 pt 6 div 2 ch 46 s 461 amd 1948 12 Geo 6 No. 48 s 10; 1988 No. 88 s 5 sch 2 ; 2008 No. 55 s 84\n(sch.1-sec.461-ssec.1) Any person who wilfully and unlawfully sets fire to any of the things following, that is to say— a building or structure; a motor vehicle, train, aircraft or vessel; any stack of cultivated vegetable produce, or of mineral or vegetable fuel; a mine, or the workings, fittings, or appliances of a mine; is guilty of a crime, and is liable to imprisonment for life.\n(sch.1-sec.461-ssec.2) It is immaterial whether or not a thing mentioned in subsection (1) (a) or (b) is complete.\n- (a) a building or structure;\n- (b) a motor vehicle, train, aircraft or vessel;\n- (c) any stack of cultivated vegetable produce, or of mineral or vegetable fuel;\n- (d) a mine, or the workings, fittings, or appliances of a mine;","sortOrder":142},{"sectionNumber":"sch.1-sec.462","sectionType":"section","heading":"Endangering particular property by fire","content":"### sch.1-sec.462 Endangering particular property by fire\n\nA person who wilfully and unlawfully sets fire to anything situated so that a thing mentioned in section 461 (1) (a) to (d) is likely to catch fire from it commits a crime.\nMaximum penalty—14 years imprisonment.\nsch 1 pt 6 div 2 ch 46 s 462 amd 1988 No. 88 s 5 sch 2\nsub 2008 No. 55 s 85","sortOrder":143},{"sectionNumber":"sch.1-sec.463","sectionType":"section","heading":"Setting fire to vegetation","content":"### sch.1-sec.463 Setting fire to vegetation\n\nAny person who wilfully and unlawfully sets fire to any of the things following, that is to say—\na crop of cultivated vegetable produce, whether standing or cut;\na crop of hay or grass, whether the natural or indigenous product of the soil or not, and whether under cultivation or not, and whether standing or cut;\nany standing trees, saplings, or shrubs, whether indigenous or cultivated;\nany grass, other than grass mentioned in paragraph (b) ;\nany other vegetation;\nis guilty of a crime, and is liable to imprisonment for 14 years.\nsch 1 pt 6 div 2 ch 46 s 463 amd 1986 No. 1 s 61 ; 1988 No. 88 s 5 sch 2 ; 2020 No. 15 s 50\n- (a) a crop of cultivated vegetable produce, whether standing or cut;\n- (b) a crop of hay or grass, whether the natural or indigenous product of the soil or not, and whether under cultivation or not, and whether standing or cut;\n- (c) any standing trees, saplings, or shrubs, whether indigenous or cultivated;\n- (d) any grass, other than grass mentioned in paragraph (b) ;\n- (e) any other vegetation;","sortOrder":144},{"sectionNumber":"sch.1-sec.464","sectionType":"section","heading":null,"content":"### Section sch.1-sec.464\n\nsch 1 pt 6 div 2 ch 46 s 464 amd 1986 No. 1 s 62 ; 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 86","sortOrder":145},{"sectionNumber":"sch.1-sec.465","sectionType":"section","heading":null,"content":"### Section sch.1-sec.465\n\nsch 1 pt 6 div 2 ch 46 s 465 amd 1986 No. 1 s 63 ; 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 86","sortOrder":146},{"sectionNumber":"sch.1-sec.466","sectionType":"section","heading":null,"content":"### Section sch.1-sec.466\n\nsch 1 pt 6 div 2 ch 46 s 466 amd 1986 No. 1 s 64 ; 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 86","sortOrder":147},{"sectionNumber":"sch.1-sec.467","sectionType":"section","heading":"Endangering the safe use of vehicles and related transport infrastructure","content":"### sch.1-sec.467 Endangering the safe use of vehicles and related transport infrastructure\n\nA person who, with intent to prejudice the safe use of a vehicle or related transport infrastructure or to injure property in a vehicle or related transport infrastructure, does anything that endangers, or is likely to endanger, the safe use of the vehicle or related transport infrastructure commits a crime.\nMaximum penalty—life imprisonment.\nIn this section—\ndo anything, for a person who has a duty to do the thing, includes omit to do the thing.\nin includes on.\nrelated transport infrastructure includes a road, railway, runway, station, airport, terminal, wharf, jetty or other structure used by a vehicle to travel or by persons using a vehicle to travel.\nsch 1 pt 6 div 2 ch 46 s 467 amd 1900 64 Vic No. 7 s 1 sch; 1986 No. 1 s 65 ; 1988 No. 88 s 5 sch 2\nsub 2008 No. 55 s 87\n(sch.1-sec.467-ssec.1) A person who, with intent to prejudice the safe use of a vehicle or related transport infrastructure or to injure property in a vehicle or related transport infrastructure, does anything that endangers, or is likely to endanger, the safe use of the vehicle or related transport infrastructure commits a crime. Maximum penalty—life imprisonment.\n(sch.1-sec.467-ssec.2) In this section— do anything, for a person who has a duty to do the thing, includes omit to do the thing. in includes on. related transport infrastructure includes a road, railway, runway, station, airport, terminal, wharf, jetty or other structure used by a vehicle to travel or by persons using a vehicle to travel.","sortOrder":148},{"sectionNumber":"sch.1-sec.467A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.467A\n\nsch 1 pt 6 div 2 ch 46 s 467A ins 1964 No. 14 s 14\namd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 87","sortOrder":149},{"sectionNumber":"sch.1-sec.468","sectionType":"section","heading":"Injuring animals","content":"### sch.1-sec.468 Injuring animals\n\nAny person who wilfully and unlawfully kills, maims, or wounds, any animal capable of being stolen is guilty of an indictable offence.\nIf the animal in question is stock, the offender is guilty of a crime, and is liable to imprisonment for 7 years.\nIn any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for 2 years, or, if the offence is committed by night, to imprisonment for 3 years.\nIf the offender (whether guilty of a crime or a misdemeanour) kills or maims the animal and is sentenced to pay a fine in addition to, or instead of imprisonment, the fine shall be not less than the prescribed penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , not less than that value, whichever is the higher amount, for every animal killed or maimed.\nHowever, the fine imposed in respect of the offence shall not exceed 500 penalty units.\nIn this section—\nprescribed penalty units means—\nfor stock—10 penalty units; or\notherwise—8 penalty units.\nsch 1 pt 6 div 2 ch 46 s 468 amd 1986 No. 1 s 66 ; 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 45 ; 2002 No. 23 s 28 ; 2014 No. 13 s 17\n(sch.1-sec.468-ssec.1) Any person who wilfully and unlawfully kills, maims, or wounds, any animal capable of being stolen is guilty of an indictable offence.\n(sch.1-sec.468-ssec.2) If the animal in question is stock, the offender is guilty of a crime, and is liable to imprisonment for 7 years.\n(sch.1-sec.468-ssec.3) In any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for 2 years, or, if the offence is committed by night, to imprisonment for 3 years.\n(sch.1-sec.468-ssec.4) If the offender (whether guilty of a crime or a misdemeanour) kills or maims the animal and is sentenced to pay a fine in addition to, or instead of imprisonment, the fine shall be not less than the prescribed penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , not less than that value, whichever is the higher amount, for every animal killed or maimed.\n(sch.1-sec.468-ssec.5) However, the fine imposed in respect of the offence shall not exceed 500 penalty units.\n(sch.1-sec.468-ssec.6) In this section— prescribed penalty units means— for stock—10 penalty units; or otherwise—8 penalty units.\n- (a) for stock—10 penalty units; or\n- (b) otherwise—8 penalty units.","sortOrder":150},{"sectionNumber":"sch.1-sec.469","sectionType":"section","heading":"Wilful damage","content":"### sch.1-sec.469 Wilful damage\n\nAny person who wilfully and unlawfully destroys or damages any property is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable, if no other punishment is provided, to imprisonment for 5 years.\nIf the offender commits the offence with the circumstance of aggravation stated in section 52B , the offender is liable, if no other punishment is provided, to imprisonment for 7 years.\nFor this section, other than punishment in special cases, clause 11, the destruction or damage of property that is a thing mentioned in section 566 (11) is presumed to be done without the owner’s consent until the contrary is proved.\nFor this section, punishment in special cases, clause 11, the destruction or damage of property is, until the contrary is proved, presumed to be done—\nwithout the owner’s consent; and\nif the property is fixed in a cemetery or at a crematorium—\nwithout the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and\nnot in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given.\nsch 1 pt 6 div 2 ch 46 s 469 amd 1964 No. 14 s 15 ; 1986 No. 1 s 67 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 87 ; 2008 No. 55 s 88 ; 2011 No. 7 s 8 ; 2013 No. 31 s 15 ; 2023 No. 26 s 20; 2024 No. 45 s 20 ; 2026 No. 4 s 11\n(sch.1-sec.469-ssec.1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable, if no other punishment is provided, to imprisonment for 5 years.\n(sch.1-sec.469-ssec.2) If the offender commits the offence with the circumstance of aggravation stated in section 52B , the offender is liable, if no other punishment is provided, to imprisonment for 7 years.\n(sch.1-sec.469-ssec.3) For this section, other than punishment in special cases, clause 11, the destruction or damage of property that is a thing mentioned in section 566 (11) is presumed to be done without the owner’s consent until the contrary is proved.\n(sch.1-sec.469-ssec.4) For this section, punishment in special cases, clause 11, the destruction or damage of property is, until the contrary is proved, presumed to be done— without the owner’s consent; and if the property is fixed in a cemetery or at a crematorium— without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given.\n- (a) without the owner’s consent; and\n- (b) if the property is fixed in a cemetery or at a crematorium— (i) without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and (ii) not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given.\n- (i) without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and\n- (ii) not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given.\n- (i) without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and\n- (ii) not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given.","sortOrder":151},{"sectionNumber":"sch.1-sec-oc.2","sectionType":"section","heading":"Punishment in special cases","content":"### sch.1-sec-oc.2 Punishment in special cases","sortOrder":152},{"sectionNumber":"sch.1-sec.1-oc.3","sectionType":"section","heading":"Destroying or damaging premises by explosion","content":"### sch.1-sec.1-oc.3 Destroying or damaging premises by explosion\n\nIf—\nthe property in question is premises; and\nthe destruction or damage is caused by an explosion; and\neither—\nanyone is in or on the premises when the explosion happens; or\nthe destruction or damage actually endangers anyone’s life;\nthe offender commits a crime.\nMaximum penalty—life imprisonment.\n- (a) the property in question is premises; and\n- (b) the destruction or damage is caused by an explosion; and\n- (c) either— (i) anyone is in or on the premises when the explosion happens; or (ii) the destruction or damage actually endangers anyone’s life;\n- (i) anyone is in or on the premises when the explosion happens; or\n- (ii) the destruction or damage actually endangers anyone’s life;\n- (i) anyone is in or on the premises when the explosion happens; or\n- (ii) the destruction or damage actually endangers anyone’s life;","sortOrder":153},{"sectionNumber":"sch.1-sec.2-oc.3","sectionType":"section","heading":"Sea walls and other property","content":"### sch.1-sec.2-oc.3 Sea walls and other property\n\nIf—\nthe property in question is—\na bank or wall of the sea or inland water; or\na work relating to a port or inland water; and\nthe destruction or damage causes an actual danger of inundation or of damage to land or a building;\nthe offender commits a crime.\nMaximum penalty—life imprisonment.\n- (a) the property in question is— (i) a bank or wall of the sea or inland water; or (ii) a work relating to a port or inland water; and\n- (i) a bank or wall of the sea or inland water; or\n- (ii) a work relating to a port or inland water; and\n- (b) the destruction or damage causes an actual danger of inundation or of damage to land or a building;\n- (i) a bank or wall of the sea or inland water; or\n- (ii) a work relating to a port or inland water; and","sortOrder":154},{"sectionNumber":"sch.1-sec.3-oc.2","sectionType":"section","heading":"Wills and registers","content":"### sch.1-sec.3-oc.2 Wills and registers\n\nIf the property in question is a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender is guilty of a crime, and is liable to imprisonment for 14 years.","sortOrder":155},{"sectionNumber":"sch.1-sec.4-oc.3","sectionType":"section","heading":"Wrecks","content":"### sch.1-sec.4-oc.3 Wrecks\n\nIf the property in question is a vessel in distress, or wrecked, or stranded, or anything which belongs to such a vessel, the offender is guilty of a crime, and is liable to imprisonment for 7 years.","sortOrder":156},{"sectionNumber":"sch.1-sec.5-oc.3","sectionType":"section","heading":"Railways","content":"### sch.1-sec.5-oc.3 Railways\n\nIf the property in question is any part of a railway, or any work connected with a railway, the offender is guilty of a crime, and is liable to imprisonment for 14 years.","sortOrder":157},{"sectionNumber":"sch.1-sec.6-oc.3","sectionType":"section","heading":"Aircraft","content":"### sch.1-sec.6-oc.3 Aircraft\n\nIf the property in question is an aircraft or anything whatever either directly or indirectly connected with the guidance control or operation of an aircraft, the offender is guilty of a crime, and is liable to imprisonment for 14 years.","sortOrder":158},{"sectionNumber":"sch.1-sec.7-oc.3","sectionType":"section","heading":"Other things of special value","content":"### sch.1-sec.7-oc.3 Other things of special value\n\nIf—\nthe property in question—\nis a vessel, whether complete or not; and\nis destroyed or rendered useless; or\nthe property in question—\nis a light, beacon, buoy, mark or signal; and\nis used for navigation or for the guidance of sailors; or\nthe property in question is—\na bank or wall of the sea or inland water; or\na work relating to a port or inland water; or\nthe property in question—\nis a manufacturing or agricultural machine or another thing used, or intended for use, for manufacture or for performing a process connected with the preparation of agricultural produce; and\nis destroyed or rendered useless; or\nthe property in question is—\na well or bore for water; or\nthe dam, bank, wall, or floodgate of a millpond or pool;\nthe offender commits a crime.\nMaximum penalty—7 years imprisonment.\n- (a) the property in question— (i) is a vessel, whether complete or not; and (ii) is destroyed or rendered useless; or\n- (i) is a vessel, whether complete or not; and\n- (ii) is destroyed or rendered useless; or\n- (b) the property in question— (i) is a light, beacon, buoy, mark or signal; and (ii) is used for navigation or for the guidance of sailors; or\n- (i) is a light, beacon, buoy, mark or signal; and\n- (ii) is used for navigation or for the guidance of sailors; or\n- (c) the property in question is— (i) a bank or wall of the sea or inland water; or (ii) a work relating to a port or inland water; or\n- (i) a bank or wall of the sea or inland water; or\n- (ii) a work relating to a port or inland water; or\n- (d) the property in question— (i) is a manufacturing or agricultural machine or another thing used, or intended for use, for manufacture or for performing a process connected with the preparation of agricultural produce; and (ii) is destroyed or rendered useless; or\n- (i) is a manufacturing or agricultural machine or another thing used, or intended for use, for manufacture or for performing a process connected with the preparation of agricultural produce; and\n- (ii) is destroyed or rendered useless; or\n- (e) the property in question is— (i) a well or bore for water; or (ii) the dam, bank, wall, or floodgate of a millpond or pool;\n- (i) a well or bore for water; or\n- (ii) the dam, bank, wall, or floodgate of a millpond or pool;\n- (i) is a vessel, whether complete or not; and\n- (ii) is destroyed or rendered useless; or\n- (i) is a light, beacon, buoy, mark or signal; and\n- (ii) is used for navigation or for the guidance of sailors; or\n- (i) a bank or wall of the sea or inland water; or\n- (ii) a work relating to a port or inland water; or\n- (i) is a manufacturing or agricultural machine or another thing used, or intended for use, for manufacture or for performing a process connected with the preparation of agricultural produce; and\n- (ii) is destroyed or rendered useless; or\n- (i) a well or bore for water; or\n- (ii) the dam, bank, wall, or floodgate of a millpond or pool;","sortOrder":159},{"sectionNumber":"sch.1-sec.8-oc.3","sectionType":"section","heading":"Deeds and records","content":"### sch.1-sec.8-oc.3 Deeds and records\n\nIf the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is guilty of a crime, and is liable to imprisonment for 7 years.","sortOrder":160},{"sectionNumber":"sch.1-sec.9-oc.3","sectionType":"section","heading":"Graffiti","content":"### sch.1-sec.9-oc.3 Graffiti\n\nIf the property in question is in a public place, or is visible from a public place, and the destruction or damage is caused by—\nspraying, writing, drawing, marking or otherwise applying paint or another marking substance; or\nscratching or etching;\nthe offender commits a crime and is liable to imprisonment for 7 years.\nThe court may—\nwhether or not it imposes any other penalty for the offence, order the offender to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 , including for example, removing graffiti from property; and\nwhether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .\nFor the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A .\nFor the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA .\n(sch.1-sec.9-oc.3-ssec.1) If the property in question is in a public place, or is visible from a public place, and the destruction or damage is caused by— spraying, writing, drawing, marking or otherwise applying paint or another marking substance; or scratching or etching; the offender commits a crime and is liable to imprisonment for 7 years.\n(sch.1-sec.9-oc.3-ssec.2) The court may— whether or not it imposes any other penalty for the offence, order the offender to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 , including for example, removing graffiti from property; and whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 . For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A . For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA .\n- (a) spraying, writing, drawing, marking or otherwise applying paint or another marking substance; or\n- (b) scratching or etching;\n- (a) whether or not it imposes any other penalty for the offence, order the offender to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 , including for example, removing graffiti from property; and\n- (b) whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 . Note— 1 For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A . 2 For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA .\n- 1 For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A .\n- 2 For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA .\n- 1 For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A .\n- 2 For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA .","sortOrder":161},{"sectionNumber":"sch.1-sec.10-oc.3","sectionType":"section","heading":"Educational institutions","content":"### sch.1-sec.10-oc.3 Educational institutions\n\nIf the property in question is part of a school, education centre, college, university, or another educational institution, the offender commits a crime and is liable to imprisonment for 7 years.\nThe court may—\nwhether or not it imposes any other penalty for the offence, order the offender to perform community service work under the Penalties and Sentences Act 1992 , part 5 , division 2 including for example, cleaning or repairing any damaged property that is part of an educational institution; and\nwhether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .\n(sch.1-sec.10-oc.3-ssec.1) If the property in question is part of a school, education centre, college, university, or another educational institution, the offender commits a crime and is liable to imprisonment for 7 years.\n(sch.1-sec.10-oc.3-ssec.2) The court may— whether or not it imposes any other penalty for the offence, order the offender to perform community service work under the Penalties and Sentences Act 1992 , part 5 , division 2 including for example, cleaning or repairing any damaged property that is part of an educational institution; and whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .\n- (a) whether or not it imposes any other penalty for the offence, order the offender to perform community service work under the Penalties and Sentences Act 1992 , part 5 , division 2 including for example, cleaning or repairing any damaged property that is part of an educational institution; and\n- (b) whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .","sortOrder":162},{"sectionNumber":"sch.1-sec.11-oc.3","sectionType":"section","heading":"Cemeteries etc.","content":"### sch.1-sec.11-oc.3 Cemeteries etc.\n\nIf the property in question is—\na grave, vault, niche or memorial in a cemetery or at a crematorium; or\na war memorial; or\nat a place of religious worship;\nthe offender commits a crime and is liable to imprisonment for 7 years.\nIn this clause—\nmemorial , in a cemetery or at a crematorium, includes the following—\na headstone;\nan inscribed plaque or commemorative plate;\na monumental, ornamental or other structure;\nanother thing erected or placed—\nto mark the site where human remains have been buried or placed; or\nto commemorate a deceased person.\n(sch.1-sec.11-oc.3-ssec.1) If the property in question is— a grave, vault, niche or memorial in a cemetery or at a crematorium; or a war memorial; or at a place of religious worship; the offender commits a crime and is liable to imprisonment for 7 years.\n(sch.1-sec.11-oc.3-ssec.2) In this clause— memorial , in a cemetery or at a crematorium, includes the following— a headstone; an inscribed plaque or commemorative plate; a monumental, ornamental or other structure; another thing erected or placed— to mark the site where human remains have been buried or placed; or to commemorate a deceased person.\n- (a) a grave, vault, niche or memorial in a cemetery or at a crematorium; or\n- (b) a war memorial; or\n- (c) at a place of religious worship;\n- (a) a headstone;\n- (b) an inscribed plaque or commemorative plate;\n- (c) a monumental, ornamental or other structure;\n- (d) another thing erected or placed— (i) to mark the site where human remains have been buried or placed; or (ii) to commemorate a deceased person.\n- (i) to mark the site where human remains have been buried or placed; or\n- (ii) to commemorate a deceased person.\n- (i) to mark the site where human remains have been buried or placed; or\n- (ii) to commemorate a deceased person.","sortOrder":163},{"sectionNumber":"sch.1-sec.12-oc.3","sectionType":"section","heading":"Emergency vehicles","content":"### sch.1-sec.12-oc.3 Emergency vehicles\n\nIf—\nthe property in question is an emergency vehicle; and\nthe offender knows, or ought reasonably to know, the property is an emergency vehicle;\nthe offender commits a crime.\nMaximum penalty—7 years imprisonment.\n- (a) the property in question is an emergency vehicle; and\n- (b) the offender knows, or ought reasonably to know, the property is an emergency vehicle;","sortOrder":164},{"sectionNumber":"sch.1-sec.13-oc.3","sectionType":"section","heading":"Places of religious worship","content":"### sch.1-sec.13-oc.3 Places of religious worship\n\nIf—\nthe property in question is premises; and\nthe premises are a place of religious worship;\nthe offender commits a crime.\nMaximum penalty—7 years imprisonment.\n- (a) the property in question is premises; and\n- (b) the premises are a place of religious worship;","sortOrder":165},{"sectionNumber":"sch.1-sec.469AA","sectionType":"section","heading":"Forfeiture of thing used to record, store or transmit image of graffiti","content":"### sch.1-sec.469AA Forfeiture of thing used to record, store or transmit image of graffiti\n\nThis section applies if—\na person is convicted, whether on indictment or summarily, of an offence against section 469 that is punishable under section 469 , item 9; and\nthe person was an adult at the time of the commission of the offence; and\nthe court is satisfied that a thing owned or possessed by the person was used to record, store or transmit an image of, or related to, the commission of the offence.\na camera, mobile phone or computer\nWhen the court is imposing a sentence on the person for the offence, the court may order the thing be forfeited to the State.\nSubsection (2) applies whether the thing to be forfeited has been seized or is in its owner’s possession.\nThe court may also make any order that it considers appropriate to enforce the forfeiture.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 , the Criminal Proceeds Confiscation Act 2002 or another law.\nWhen forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.\nsch 1 pt 6 div 2 ch 46 s 469AA ins 2013 No. 31 s 16\n(sch.1-sec.469AA-ssec.1) This section applies if— a person is convicted, whether on indictment or summarily, of an offence against section 469 that is punishable under section 469 , item 9; and the person was an adult at the time of the commission of the offence; and the court is satisfied that a thing owned or possessed by the person was used to record, store or transmit an image of, or related to, the commission of the offence. a camera, mobile phone or computer\n(sch.1-sec.469AA-ssec.2) When the court is imposing a sentence on the person for the offence, the court may order the thing be forfeited to the State.\n(sch.1-sec.469AA-ssec.3) Subsection (2) applies whether the thing to be forfeited has been seized or is in its owner’s possession.\n(sch.1-sec.469AA-ssec.4) The court may also make any order that it considers appropriate to enforce the forfeiture.\n(sch.1-sec.469AA-ssec.5) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 , the Criminal Proceeds Confiscation Act 2002 or another law.\n(sch.1-sec.469AA-ssec.6) When forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.\n- (a) a person is convicted, whether on indictment or summarily, of an offence against section 469 that is punishable under section 469 , item 9; and\n- (b) the person was an adult at the time of the commission of the offence; and\n- (c) the court is satisfied that a thing owned or possessed by the person was used to record, store or transmit an image of, or related to, the commission of the offence. Example of a thing used to record, store or transmit an image— a camera, mobile phone or computer","sortOrder":166},{"sectionNumber":"sch.1-sec.469A","sectionType":"section","heading":"Sabotage and threatening sabotage","content":"### sch.1-sec.469A Sabotage and threatening sabotage\n\nA person who wilfully and unlawfully destroys or damages a public facility with intent to cause—\nmajor disruption to government functions; or\nmajor disruption to the use of services by the public; or\nmajor economic loss;\nis guilty of a crime.\nMaximum penalty—25 years imprisonment.\nA person who threatens to commit sabotage is guilty of a crime.\nMaximum penalty—14 years imprisonment.\nFor subsection (2) , a person threatens to commit sabotage if—\nthe person threatens to unlawfully destroy or damage a public facility; and\nthe threat is made with the intention of inducing in someone else a belief that the threat will be carried out; and\nif the threat were to be carried out, the threatened destruction or damage would be likely to cause—\nmajor disruption to government functions; or\nmajor disruption to the use of services by the public; or\nmajor economic loss.\nA person can not be prosecuted for an offence against subsection (1) or (2) without a Crown Law Officer’s consent.\nIn this section—\ndamage , a public facility, includes disrupt the operation or use of the facility.\ngovernment entity means—\nthe State; or\na State instrumentality, agency, authority or entity; or\na corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act that, in either case, collects revenues or raises funds under the authority of an Act; or\na government owned corporation; or\nanother State, the Commonwealth, a local government or a local government of another State; or\nanother entity performing a government function.\ngovernment functions means functions of the State, another State, the Commonwealth, a local government or a local government of another State.\npublic facility means any of the following, whether publicly or privately owned—\npremises or another place occupied by a government entity;\na public infrastructure facility, including—\ninfrastructure for a water or sewerage service; and\na facility for supplying energy or fuel to the public; and\na facility for a telecommunication system; and\nroads, railways, equipment, vehicles and other infrastructure for public transport; and\nother infrastructure for a community service;\na public place.\nsch 1 pt 6 div 2 ch 46 s 469A ins 2004 No. 8 s 14\n(sch.1-sec.469A-ssec.1) A person who wilfully and unlawfully destroys or damages a public facility with intent to cause— major disruption to government functions; or major disruption to the use of services by the public; or major economic loss; is guilty of a crime. Maximum penalty—25 years imprisonment.\n(sch.1-sec.469A-ssec.2) A person who threatens to commit sabotage is guilty of a crime. Maximum penalty—14 years imprisonment.\n(sch.1-sec.469A-ssec.3) For subsection (2) , a person threatens to commit sabotage if— the person threatens to unlawfully destroy or damage a public facility; and the threat is made with the intention of inducing in someone else a belief that the threat will be carried out; and if the threat were to be carried out, the threatened destruction or damage would be likely to cause— major disruption to government functions; or major disruption to the use of services by the public; or major economic loss.\n(sch.1-sec.469A-ssec.4) A person can not be prosecuted for an offence against subsection (1) or (2) without a Crown Law Officer’s consent.\n(sch.1-sec.469A-ssec.5) In this section— damage , a public facility, includes disrupt the operation or use of the facility. government entity means— the State; or a State instrumentality, agency, authority or entity; or a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act that, in either case, collects revenues or raises funds under the authority of an Act; or a government owned corporation; or another State, the Commonwealth, a local government or a local government of another State; or another entity performing a government function. government functions means functions of the State, another State, the Commonwealth, a local government or a local government of another State. public facility means any of the following, whether publicly or privately owned— premises or another place occupied by a government entity; a public infrastructure facility, including— infrastructure for a water or sewerage service; and a facility for supplying energy or fuel to the public; and a facility for a telecommunication system; and roads, railways, equipment, vehicles and other infrastructure for public transport; and other infrastructure for a community service; a public place.\n- (a) major disruption to government functions; or\n- (b) major disruption to the use of services by the public; or\n- (c) major economic loss;\n- (a) the person threatens to unlawfully destroy or damage a public facility; and\n- (b) the threat is made with the intention of inducing in someone else a belief that the threat will be carried out; and\n- (c) if the threat were to be carried out, the threatened destruction or damage would be likely to cause— (i) major disruption to government functions; or (ii) major disruption to the use of services by the public; or (iii) major economic loss.\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- (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- (a) the State; or\n- (b) a State instrumentality, agency, authority or entity; or\n- (c) a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act that, in either case, collects revenues or raises funds under the authority of an Act; or\n- (d) a government owned corporation; or\n- (e) another State, the Commonwealth, a local government or a local government of another State; or\n- (f) another entity performing a government function.\n- (a) premises or another place occupied by a government entity;\n- (b) a public infrastructure facility, including— (i) infrastructure for a water or sewerage service; and (ii) a facility for supplying energy or fuel to the public; and (iii) a facility for a telecommunication system; and (iv) roads, railways, equipment, vehicles and other infrastructure for public transport; and (v) other infrastructure for a community service;\n- (i) infrastructure for a water or sewerage service; and\n- (ii) a facility for supplying energy or fuel to the public; and\n- (iii) a facility for a telecommunication system; and\n- (iv) roads, railways, equipment, vehicles and other infrastructure for public transport; and\n- (v) other infrastructure for a community service;\n- (c) a public place.\n- (i) infrastructure for a water or sewerage service; and\n- (ii) a facility for supplying energy or fuel to the public; and\n- (iii) a facility for a telecommunication system; and\n- (iv) roads, railways, equipment, vehicles and other infrastructure for public transport; and\n- (v) other infrastructure for a community service;","sortOrder":167},{"sectionNumber":"sch.1-sec.470","sectionType":"section","heading":"Attempts to destroy property by explosives","content":"### sch.1-sec.470 Attempts to destroy property by explosives\n\nAny person who, unlawfully, and with intent to destroy or damage any property, puts any explosive substance in any place whatever, is guilty of a crime, and is liable to imprisonment for 14 years.\nsch 1 pt 6 div 2 ch 46 s 470 amd 1986 No. 1 s 68 ; 1988 No. 88 s 5 sch 2","sortOrder":168},{"sectionNumber":"sch.1-sec.470A","sectionType":"section","heading":"Unlawful dealing with explosive or noxious substances","content":"### sch.1-sec.470A Unlawful dealing with explosive or noxious substances\n\nA person who, in circumstances that may cause injury to a person or damage to property, wilfully and unlawfully—\nthrows, leaves down, or otherwise deposits an explosive or noxious substance; or\nmakes, or has possession of, an explosive or noxious substance;\ncommits a crime.\nMaximum penalty—7 years imprisonment.\nsch 1 pt 6 div 2 ch 46 s 470A ins 1943 7 Geo 6 No. 14 s 21\namd 1988 No. 88 s 5 sch 2 ; 2008 No. 55 s 89\nsub 2018 No. 2 s 5\n- (a) throws, leaves down, or otherwise deposits an explosive or noxious substance; or\n- (b) makes, or has possession of, an explosive or noxious substance;","sortOrder":169},{"sectionNumber":"sch.1-sec.471","sectionType":"section","heading":"Damaging mines","content":"### sch.1-sec.471 Damaging mines\n\nA person who unlawfully and with intent to damage a mine—\ndamages a mine; or\nobstructing the working of a mine by running water into the mine or into an underground passage leading into the mine\ninterferes with equipment or infrastructure, whether complete or not, connected or used with a mine;\ncommits a crime.\nMaximum penalty—7 years imprisonment.\nIn this section—\ndamage , a mine, includes obstruct the working of the mine.\nequipment includes machinery, appliance, cable and apparatus.\ninfrastructure means a road, building or other structure.\ninterfere , with equipment or infrastructure, means detrimentally interfere with its effective or efficient operation.\nsch 1 pt 6 div 2 ch 46 s 471 amd 1986 No. 1 s 69 ; 1988 No. 88 s 5 sch 2\nsub 2008 No. 55 s 90\n(sch.1-sec.471-ssec.1) A person who unlawfully and with intent to damage a mine— damages a mine; or obstructing the working of a mine by running water into the mine or into an underground passage leading into the mine interferes with equipment or infrastructure, whether complete or not, connected or used with a mine; commits a crime. Maximum penalty—7 years imprisonment.\n(sch.1-sec.471-ssec.2) In this section— damage , a mine, includes obstruct the working of the mine. equipment includes machinery, appliance, cable and apparatus. infrastructure means a road, building or other structure. interfere , with equipment or infrastructure, means detrimentally interfere with its effective or efficient operation.\n- (a) damages a mine; or Example— obstructing the working of a mine by running water into the mine or into an underground passage leading into the mine\n- (b) interferes with equipment or infrastructure, whether complete or not, connected or used with a mine;","sortOrder":170},{"sectionNumber":"sch.1-sec.472","sectionType":"section","heading":"Interfering with marine signals","content":"### sch.1-sec.472 Interfering with marine signals\n\nAny person who wilfully and unlawfully removes, defaces, or renders invisible, any light, beacon, buoy, mark, or signal, used for purposes of navigation, or for the guidance of sailors, or unlawfully attempts to remove, deface, or render invisible, any such thing, is guilty of a crime, and is liable to imprisonment for 7 years.\nsch 1 pt 6 div 2 ch 46 s 472 amd 1986 No. 1 s 70 ; 1988 No. 88 s 5 sch 2","sortOrder":171},{"sectionNumber":"sch.1-sec.473","sectionType":"section","heading":"Interfering with navigation works","content":"### sch.1-sec.473 Interfering with navigation works\n\nAny person who—\nwilfully and unlawfully removes or disturbs any fixed object or materials used for securing a bank or wall of the sea, or of a river, canal, aqueduct, reservoir, or inland water, or for securing any work which appertains to a port, harbour, dock, canal, aqueduct, reservoir, or inland water, or which is used for purposes of navigation or lading or unlading goods; or\nunlawfully does any act with intent to obstruct the carrying on, completion, or maintenance, of the navigation of a navigable river or canal, and thereby obstructs such carrying on, completion, or maintenance;\nis guilty of a crime, and is liable to imprisonment for 7 years.\nsch 1 pt 6 div 2 ch 46 s 473 amd 1986 No. 1 s 71 ; 1988 No. 88 s 5 sch 2\n- (a) wilfully and unlawfully removes or disturbs any fixed object or materials used for securing a bank or wall of the sea, or of a river, canal, aqueduct, reservoir, or inland water, or for securing any work which appertains to a port, harbour, dock, canal, aqueduct, reservoir, or inland water, or which is used for purposes of navigation or lading or unlading goods; or\n- (b) unlawfully does any act with intent to obstruct the carrying on, completion, or maintenance, of the navigation of a navigable river or canal, and thereby obstructs such carrying on, completion, or maintenance;","sortOrder":172},{"sectionNumber":"sch.1-sec.474","sectionType":"section","heading":"Communicating infectious diseases to animals","content":"### sch.1-sec.474 Communicating infectious diseases to animals\n\nAny person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious or contagious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a crime, and is liable to imprisonment for life.\nsch 1 pt 6 div 2 ch 46 s 474 amd 1986 No. 1 s 72 ; 1988 No. 88 s 5 sch 2","sortOrder":173},{"sectionNumber":"sch.1-sec.475","sectionType":"section","heading":"Travelling with infected animals","content":"### sch.1-sec.475 Travelling with infected animals\n\nAny person who causes any animal which is infected with an infectious or contagious disease to travel, or, being the owner or 1 of 2 or more joint owners of any animal which is infected with an infectious or contagious disease, permits or connives at the travelling of any such animal, contrary to the provisions of any statute relating to infected animals of that kind, is guilty of a crime, and is liable to imprisonment for 7 years.\nsch 1 pt 6 div 2 ch 46 s 475 amd 1986 No. 1 s 73 ; 1988 No. 88 s 5 sch 2","sortOrder":174},{"sectionNumber":"sch.1-sec.476","sectionType":"section","heading":null,"content":"### Section sch.1-sec.476\n\nsch 1 pt 6 div 2 ch 46 s 476 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 91","sortOrder":175},{"sectionNumber":"sch.1-sec.477","sectionType":"section","heading":"Obstructing railways","content":"### sch.1-sec.477 Obstructing railways\n\nAny person who, by any unlawful act, or by any intentional omission to do any act which it is the person’s duty to do, causes any engine or vehicle in use upon a railway to be obstructed in its passage on the railway, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.\nsch 1 pt 6 div 2 ch 46 s 477 amd 1988 No. 88 s 5 sch 2","sortOrder":176},{"sectionNumber":"sch.1-sec.478","sectionType":"section","heading":"Sending letters threatening to burn or destroy","content":"### sch.1-sec.478 Sending letters threatening to burn or destroy\n\nAny person who, knowing the contents of the document, causes any person to receive any document threatening that any building or vessel, whether complete or not, or any stack of cultivated vegetable produce, or any such produce that is in or under a building, shall be burnt or destroyed, is guilty of a crime, and is liable to imprisonment for 7 years.\nsch 1 pt 6 div 2 ch 46 s 478 amd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 88","sortOrder":177},{"sectionNumber":"sch.1-sec.479","sectionType":"section","heading":"Arrest without warrant","content":"### sch.1-sec.479 Arrest without warrant\n\nAny person found committing a misdemeanour defined in this chapter may be arrested without warrant by the owner of the property injured or the owner’s employee or a person authorised by the owner or employee.\nsch 1 pt 6 div 2 ch 46 s 479 sub 1943 7 Geo 6 No. 14 s 22; 2000 No. 5 s 461 sch 3","sortOrder":178},{"sectionNumber":"sch.1-sec.480","sectionType":"section","heading":null,"content":"### Section sch.1-sec.480\n\nsch 1 pt 6 div 2 ch 47 s 480 amd 1943 7 Geo 6 No. 14 s 23; 1961 10 Eliz 2 No. 11 s 26; 1964 No. 14 s 16 ; 1975 No. 27 s 19 ; 1976 No. 25 s 19 sch ; 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 46\nom 1997 No. 3 s 120 sch 1","sortOrder":179},{"sectionNumber":"sch.1-sec.481","sectionType":"section","heading":null,"content":"### Section sch.1-sec.481\n\nsch 1 pt 6 div 2 ch 47 s 481 om 1997 No. 3 s 120 sch 1","sortOrder":180},{"sectionNumber":"sch.1-sec.482","sectionType":"section","heading":null,"content":"### Section sch.1-sec.482\n\nsch 1 pt 6 div 2 ch 47 s 482 om 1997 No. 3 s 120 sch 1","sortOrder":181},{"sectionNumber":"sch.1-sec.483","sectionType":"section","heading":null,"content":"### Section sch.1-sec.483\n\nsch 1 pt 6 div 2 ch 47 s 483 om 1997 No. 3 s 120 sch 1","sortOrder":182},{"sectionNumber":"sch.1-pt.6-div.3","sectionType":"division","heading":"Forgery and like offences—personation","content":"## Forgery and like offences—personation","sortOrder":183},{"sectionNumber":"sch.1-sec.484","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.484 Definitions\n\nIn this division—\nbank note includes any negotiable instrument issued by or on behalf of any person or corporation in any part of the world, or issued by the authority of any state, prince, or government, and intended to be used as equivalent to money, either immediately on issue or at any time afterwards, and also includes a bank bill or bank post bill.\ndocument does not include trademarks on articles of commerce.\nseal includes any stamp, die, or other thing, of whatever material, from which an impression can be taken by means of pressure or of ink, or by any other means.\nsch 1 pt 6 div 3 ch 48 s 484 amd 1997 No. 3 s 89","sortOrder":184},{"sectionNumber":"sch.1-sec.485","sectionType":"section","heading":null,"content":"### Section sch.1-sec.485\n\nsch 1 pt 6 div 3 ch 48 s 485 om 1997 No. 3 s 120 sch 1","sortOrder":185},{"sectionNumber":"sch.1-sec.486","sectionType":"section","heading":null,"content":"### Section sch.1-sec.486\n\nsch 1 pt 6 div 3 ch 48 s 486 om 1997 No. 3 s 120 sch 1","sortOrder":186},{"sectionNumber":"sch.1-sec.487","sectionType":"section","heading":null,"content":"### Section sch.1-sec.487\n\nsch 1 pt 6 div 3 ch 48 s 487 om 1997 No. 3 s 120 sch 1","sortOrder":187},{"sectionNumber":"sch.1-sec.488","sectionType":"section","heading":"Forgery and uttering","content":"### sch.1-sec.488 Forgery and uttering\n\nA person who, with intent to defraud—\nforges a document; or\nutters a forged document;\ncommits a crime.\nMaximum penalty—\nif the document is a valuable security, insurance policy, testamentary instrument (whether the testator is living or dead) or registration document or is evidence of an interest in land—14 years imprisonment; or\nif the document is a power of attorney, contract or document kept or issued by lawful authority other than a document mentioned in paragraph (a) —7 years imprisonment; or\notherwise—3 years imprisonment.\nSubsection (1) applies whether or not the document is complete and even though it is not, or does not purport to be, binding in law.\nIn this section—\nregistration document means a document kept or issued by the registrar under the Births, Deaths and Marriages Registration Act 2023 or an equivalent document kept or issued under a law of another jurisdiction, inside or outside Australia.\nsch 1 pt 6 div 3 ch 49 s 488 amd 1986 No. 1 s 74 ; 1988 No. 88 s 5 sch 2 ; 1990 No. 80 s 3 sch 1 ; 1997 No. 3 s 90 ; 2008 No. 55 s 92 ; 2023 No. 17 s 182 s ch 3 pt 1\n(sch.1-sec.488-ssec.1) A person who, with intent to defraud— forges a document; or utters a forged document; commits a crime. Maximum penalty— if the document is a valuable security, insurance policy, testamentary instrument (whether the testator is living or dead) or registration document or is evidence of an interest in land—14 years imprisonment; or if the document is a power of attorney, contract or document kept or issued by lawful authority other than a document mentioned in paragraph (a) —7 years imprisonment; or otherwise—3 years imprisonment.\n(sch.1-sec.488-ssec.2) Subsection (1) applies whether or not the document is complete and even though it is not, or does not purport to be, binding in law.\n(sch.1-sec.488-ssec.3) In this section— registration document means a document kept or issued by the registrar under the Births, Deaths and Marriages Registration Act 2023 or an equivalent document kept or issued under a law of another jurisdiction, inside or outside Australia.\n- (a) forges a document; or\n- (b) utters a forged document;\n- (a) if the document is a valuable security, insurance policy, testamentary instrument (whether the testator is living or dead) or registration document or is evidence of an interest in land—14 years imprisonment; or\n- (b) if the document is a power of attorney, contract or document kept or issued by lawful authority other than a document mentioned in paragraph (a) —7 years imprisonment; or\n- (c) otherwise—3 years imprisonment.","sortOrder":188},{"sectionNumber":"sch.1-sec.489","sectionType":"section","heading":null,"content":"### Section sch.1-sec.489\n\nsch 1 pt 6 div 3 ch 49 s 489 om 1997 No. 3 s 120 sch 1","sortOrder":189},{"sectionNumber":"sch.1-sec.490","sectionType":"section","heading":null,"content":"### Section sch.1-sec.490\n\nsch 1 pt 6 div 3 ch 49 s 490 om 1997 No. 3 s 120 sch 1","sortOrder":190},{"sectionNumber":"sch.1-sec.491","sectionType":"section","heading":null,"content":"### Section sch.1-sec.491\n\nsch 1 pt 6 div 3 ch 49 s 491 om 1997 No. 3 s 120 sch 1","sortOrder":191},{"sectionNumber":"sch.1-sec.492","sectionType":"section","heading":null,"content":"### Section sch.1-sec.492\n\nsch 1 pt 6 div 3 ch 49 s 492 om 2008 No. 55 s 93","sortOrder":192},{"sectionNumber":"sch.1-sec.493","sectionType":"section","heading":null,"content":"### Section sch.1-sec.493\n\nsch 1 pt 6 div 3 ch 49 s 493 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 93","sortOrder":193},{"sectionNumber":"sch.1-sec.494","sectionType":"section","heading":null,"content":"### Section sch.1-sec.494\n\nsch 1 pt 6 div 3 ch 49 s 494 amd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 91\nom 2008 No. 55 s 93","sortOrder":194},{"sectionNumber":"sch.1-sec.495","sectionType":"section","heading":null,"content":"### Section sch.1-sec.495\n\nsch 1 pt 6 div 3 ch 49 s 495 amd 1900 64 Vic No. 7 s 1 sch\nom 2008 No. 55 s 93","sortOrder":195},{"sectionNumber":"sch.1-sec.496","sectionType":"section","heading":null,"content":"### Section sch.1-sec.496\n\nsch 1 pt 6 div 3 ch 49 s 496 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 93","sortOrder":196},{"sectionNumber":"sch.1-sec.497","sectionType":"section","heading":null,"content":"### Section sch.1-sec.497\n\nsch 1 pt 6 div 3 ch 49 s 497 om 2008 No. 55 s 93","sortOrder":197},{"sectionNumber":"sch.1-sec.498","sectionType":"section","heading":"Falsifying warrants for money payable under public authority","content":"### sch.1-sec.498 Falsifying warrants for money payable under public authority\n\nAny person, who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled is guilty of a crime, and is liable to imprisonment for 7 years.\nsch 1 pt 6 div 3 ch 49 s 498 amd 1988 No. 88 s 5 sch 2","sortOrder":198},{"sectionNumber":"sch.1-sec.499","sectionType":"section","heading":"Falsification of registers","content":"### sch.1-sec.499 Falsification of registers\n\nAny person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which, in any material particular, is to the person’s knowledge false, to be made in the register or record is guilty of a crime, and is liable to imprisonment for 7 years.\nThe offender can not be arrested without warrant.\nsch 1 pt 6 div 3 ch 49 s 499 amd 1988 No. 88 s 5 sch 2\n(sch.1-sec.499-ssec.1) Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which, in any material particular, is to the person’s knowledge false, to be made in the register or record is guilty of a crime, and is liable to imprisonment for 7 years.\n(sch.1-sec.499-ssec.2) The offender can not be arrested without warrant.","sortOrder":199},{"sectionNumber":"sch.1-sec.500","sectionType":"section","heading":"Sending false certificate of marriage to registrar","content":"### sch.1-sec.500 Sending false certificate of marriage to registrar\n\nAny person who signs or transmits to a person authorised by law to register marriages a certificate of marriage, or any document purporting to be a certificate of marriage, which, in any material particular, is to the person’s knowledge false, is guilty of a crime, and is liable to imprisonment for 7 years.\nsch 1 pt 6 div 3 ch 49 s 500 amd 1988 No. 88 s 5 sch 2","sortOrder":200},{"sectionNumber":"sch.1-sec.501","sectionType":"section","heading":"False statements for the purpose of registers of births, deaths, and marriages","content":"### sch.1-sec.501 False statements for the purpose of registers of births, deaths, and marriages\n\nAny person who knowingly, and with intent to procure the same to be inserted in a register of births, deaths, or marriages, makes any false statement touching any matter required by law to be registered in any such register, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.\nsch 1 pt 6 div 3 ch 49 s 501 amd 1988 No. 88 s 5 sch 2","sortOrder":201},{"sectionNumber":"sch.1-sec.501A","sectionType":"section","heading":"Contradictory statements","content":"### sch.1-sec.501A Contradictory statements\n\nIf, on the trial for a person under section 501 , the jury is satisfied—\nthe accused has made 2 statements and 1 is irreconcilably in conflict with the other; and\nthe accused made 1 of the statements knowing it to be false;\nbut the jury is unable to say which statement was falsely made, the jury may make a special finding to that effect and find the accused guilty of the offence.\nsch 1 pt 6 div 3 ch 49 s 501A ins 1997 No. 3 s 92 (amd 1997 No. 9 s 3 sch 1 )\n- (a) the accused has made 2 statements and 1 is irreconcilably in conflict with the other; and\n- (b) the accused made 1 of the statements knowing it to be false;","sortOrder":202},{"sectionNumber":"sch.1-sec.502","sectionType":"section","heading":"Procuring or claiming unauthorised status","content":"### sch.1-sec.502 Procuring or claiming unauthorised status\n\nAny person who—\nby any false representation procures any authority authorised by any statute to issue certificates testifying that the holders thereof are entitled to any right or privilege, or to enjoy any rank or status, to issue to himself, herself or any other person any such certificate; or\nfalsely represents to any person that the person has obtained any certificate issued by any such authority; or\nby any false representation procures himself, herself or any other person to be registered on any register kept by lawful authority as a person entitled to such a certificate, or as a person entitled to any right or privilege, or to enjoy any rank or status;\nis guilty of a misdemeanour, and is liable to imprisonment for 3 years.\nsch 1 pt 6 div 3 ch 49 s 502 amd 1988 No. 88 s 5 sch 2 ; 2008 No. 55 s 94\n- (a) by any false representation procures any authority authorised by any statute to issue certificates testifying that the holders thereof are entitled to any right or privilege, or to enjoy any rank or status, to issue to himself, herself or any other person any such certificate; or\n- (b) falsely represents to any person that the person has obtained any certificate issued by any such authority; or\n- (c) by any false representation procures himself, herself or any other person to be registered on any register kept by lawful authority as a person entitled to such a certificate, or as a person entitled to any right or privilege, or to enjoy any rank or status;","sortOrder":203},{"sectionNumber":"sch.1-sec.503","sectionType":"section","heading":null,"content":"### Section sch.1-sec.503\n\nsch 1 pt 6 div 3 ch 49 s 503 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 95","sortOrder":204},{"sectionNumber":"sch.1-sec.504","sectionType":"section","heading":null,"content":"### Section sch.1-sec.504\n\nsch 1 pt 6 div 3 ch 49 s 504 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 95","sortOrder":205},{"sectionNumber":"sch.1-sec.505","sectionType":"section","heading":null,"content":"### Section sch.1-sec.505\n\nsch 1 pt 6 div 3 ch 50 s 505 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":206},{"sectionNumber":"sch.1-sec.506","sectionType":"section","heading":null,"content":"### Section sch.1-sec.506\n\nsch 1 pt 6 div 3 ch 50 s 506 amd 1988 No. 88 s 5 sch 2 ; 1997 No. 82 s 3 sch\nom 2008 No. 55 s 96","sortOrder":207},{"sectionNumber":"sch.1-sec.507","sectionType":"section","heading":null,"content":"### Section sch.1-sec.507\n\nsch 1 pt 6 div 3 ch 50 s 507 om 2008 No. 55 s 96","sortOrder":208},{"sectionNumber":"sch.1-sec.508","sectionType":"section","heading":null,"content":"### Section sch.1-sec.508\n\nsch 1 pt 6 div 3 ch 50 s 508 om 2008 No. 55 s 96","sortOrder":209},{"sectionNumber":"sch.1-sec.509","sectionType":"section","heading":null,"content":"### Section sch.1-sec.509\n\nsch 1 pt 6 div 3 ch 50 s 509 om 2008 No. 55 s 96","sortOrder":210},{"sectionNumber":"sch.1-sec.510","sectionType":"section","heading":"Instruments and materials for forgery","content":"### sch.1-sec.510 Instruments and materials for forgery\n\nAny person who unlawfully—\nmakes, or starts or prepares to make, a thing with intent to use it to forge a document; or\npossesses a thing with intent to use it to forge a document; or\nuses a thing to forge a document; or\ndisposes of a thing that has been used to forge a document;\ncommits a crime.\nMaximum penalty—14 years imprisonment.\nsch 1 pt 6 div 3 ch 51 s 510 amd 1988 No. 88 s 5 sch 2\nsub 1997 No. 3 s 93\n- (a) makes, or starts or prepares to make, a thing with intent to use it to forge a document; or\n- (b) possesses a thing with intent to use it to forge a document; or\n- (c) uses a thing to forge a document; or\n- (d) disposes of a thing that has been used to forge a document;","sortOrder":211},{"sectionNumber":"sch.1-sec.511","sectionType":"section","heading":null,"content":"### Section sch.1-sec.511\n\nsch 1 pt 6 div 3 ch 51 s 511 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":212},{"sectionNumber":"sch.1-sec.512","sectionType":"section","heading":null,"content":"### Section sch.1-sec.512\n\nsch 1 pt 6 div 3 ch 51 s 512 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":213},{"sectionNumber":"sch.1-sec.513","sectionType":"section","heading":null,"content":"### Section sch.1-sec.513\n\nsch 1 pt 6 div 3 ch 51 s 513 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":214},{"sectionNumber":"sch.1-sec.514","sectionType":"section","heading":"Personation in general","content":"### sch.1-sec.514 Personation in general\n\nAny person who, with intent to defraud any person, falsely represents himself or herself to be some other person, living or dead, real or fictitious, is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable to imprisonment for 3 years.\nIf the representation is that the offender is a person entitled by will or operation of law to any specific property, and the person commits the offence with intent to obtain such property or possession thereof, the person is guilty of a crime, and is liable to imprisonment for 14 years.\nsch 1 pt 6 div 3 ch 52 s 514 amd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 94\n(sch.1-sec.514-ssec.1) Any person who, with intent to defraud any person, falsely represents himself or herself to be some other person, living or dead, real or fictitious, is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable to imprisonment for 3 years.\n(sch.1-sec.514-ssec.2) If the representation is that the offender is a person entitled by will or operation of law to any specific property, and the person commits the offence with intent to obtain such property or possession thereof, the person is guilty of a crime, and is liable to imprisonment for 14 years.","sortOrder":215},{"sectionNumber":"sch.1-sec.515","sectionType":"section","heading":"Falsely acknowledging deeds, recognisances etc.","content":"### sch.1-sec.515 Falsely acknowledging deeds, recognisances etc.\n\nAny person who, without lawful authority or excuse, the proof of which lies on the person, makes, in the name of any other person, before any court or person lawfully authorised to take such an acknowledgement, an acknowledgement of liability of any kind, or an acknowledgement of a deed or other instrument, is guilty of a crime, and is liable to imprisonment for 7 years.\nsch 1 pt 6 div 3 ch 52 s 515 amd 1988 No. 88 s 5 sch 2 ; 2000 No. 46 s 3 sch","sortOrder":216},{"sectionNumber":"sch.1-sec.516","sectionType":"section","heading":null,"content":"### Section sch.1-sec.516\n\nsch 1 pt 6 div 3 ch 52 s 516 om 2008 No. 55 s 97","sortOrder":217},{"sectionNumber":"sch.1-sec.517","sectionType":"section","heading":null,"content":"### Section sch.1-sec.517\n\nsch 1 pt 6 div 3 ch 52 s 517 amd 1988 No. 88 s 5 sch 2\nom 2008 No. 55 s 97","sortOrder":218},{"sectionNumber":"sch.1-sec.518","sectionType":"section","heading":null,"content":"### Section sch.1-sec.518\n\nsch 1 pt 6 div 3 ch 53 s 518 om 1997 No. 3 s 120 sch 1","sortOrder":219},{"sectionNumber":"sch.1-sec.519","sectionType":"section","heading":null,"content":"### Section sch.1-sec.519\n\nsch 1 pt 6 div 3 ch 53 s 519 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":220},{"sectionNumber":"sch.1-sec.520","sectionType":"section","heading":null,"content":"### Section sch.1-sec.520\n\nsch 1 pt 6 div 3 ch 53 s 520 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":221},{"sectionNumber":"sch.1-sec.521","sectionType":"section","heading":null,"content":"### Section sch.1-sec.521\n\nsch 1 pt 6 div 3 ch 53 s 521 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":222},{"sectionNumber":"sch.1-sec.522","sectionType":"section","heading":null,"content":"### Section sch.1-sec.522\n\nsch 1 pt 6 div 3 ch 53 s 522 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":223},{"sectionNumber":"sch.1-sec.523","sectionType":"section","heading":null,"content":"### Section sch.1-sec.523\n\nsch 1 pt 6 div 3 ch 53 s 523 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":224},{"sectionNumber":"sch.1-sec.524","sectionType":"section","heading":null,"content":"### Section sch.1-sec.524\n\nsch 1 pt 6 div 3 ch 53 s 524 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":225},{"sectionNumber":"sch.1-sec.525","sectionType":"section","heading":null,"content":"### Section sch.1-sec.525\n\nsch 1 pt 6 div 3 ch 53 s 525 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":226},{"sectionNumber":"sch.1-sec.526","sectionType":"section","heading":null,"content":"### Section sch.1-sec.526\n\nsch 1 pt 6 div 3 ch 53 s 526 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":227},{"sectionNumber":"sch.1-sec.527","sectionType":"section","heading":null,"content":"### Section sch.1-sec.527\n\nsch 1 pt 6 div 3 ch 53 s 527 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":228},{"sectionNumber":"sch.1-sec.528","sectionType":"section","heading":null,"content":"### Section sch.1-sec.528\n\nsch 1 pt 6 div 3 ch 53 s 528 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":229},{"sectionNumber":"sch.1-sec.529","sectionType":"section","heading":null,"content":"### Section sch.1-sec.529\n\nsch 1 pt 6 div 3 ch 53 s 529 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":230},{"sectionNumber":"sch.1-sec.530","sectionType":"section","heading":null,"content":"### Section sch.1-sec.530\n\nsch 1 pt 6 div 3 ch 53 s 530 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":231},{"sectionNumber":"sch.1-pt.6-div.4","sectionType":"division","heading":"Offences connected with trade and breach of contract","content":"## Offences connected with trade and breach of contract","sortOrder":232},{"sectionNumber":"sch.1-sec.531","sectionType":"section","heading":null,"content":"### Section sch.1-sec.531\n\nsch 1 pt 6 div 4 ch 54 s 531 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":233},{"sectionNumber":"sch.1-sec.532","sectionType":"section","heading":null,"content":"### Section sch.1-sec.532\n\nsch 1 pt 6 div 4 ch 54 s 532 amd 1988 No. 88 s 5 sch 2\nom 1997 No. 3 s 120 sch 1","sortOrder":234},{"sectionNumber":"sch.1-sec.533","sectionType":"section","heading":"Mixing uncertified with certified articles","content":"### sch.1-sec.533 Mixing uncertified with certified articles\n\nWhen a mark has been attached to any article, or a certificate has been given with respect to any article, under the authority of any statute, for the purpose of denoting the quality of the article, or the fact that it has been examined or approved by or under the authority of some public body or public officer, any person who mixes with the article so marked or certified any other article which has not been so examined or approved, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.\nsch 1 pt 6 div 4 ch 54 s 533 amd 1988 No. 88 s 5 sch 2","sortOrder":235},{"sectionNumber":"sch.1-sec.534","sectionType":"section","heading":null,"content":"### Section sch.1-sec.534\n\nsch 1 pt 6 div 4 ch 54 s 534 amd 1915 6 Geo 5 No. 31 s 36; 1929 20 Geo 5 No. 28 s 119(1); 1932 23 Geo 5 No. 36 s 85(1); 1988 No. 88 s 5 sch 2 ; 1997 No. 82 s 3 sch ; 2000 No. 46 s 3 sch\nom 2008 No. 55 s 98","sortOrder":236},{"sectionNumber":"sch.1-pt.7","sectionType":"part","heading":"Preparation to commit offences—conspiracy— accessories after the fact","content":"# Preparation to commit offences—conspiracy— accessories after the fact","sortOrder":237},{"sectionNumber":"sch.1-pt.8","sectionType":"part","heading":"Procedure","content":"# Procedure","sortOrder":238},{"sectionNumber":"sch.1-pt.9","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":239}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1067},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1899 scope. The original Code focused on traditional theft, burglary, and property damage. Modern amendments have added: computer offences (1997, 2023), identity theft (2007), match-fixing (2014), wage theft provisions (2020), social media advertising of crimes (2024), and detailed stock management procedures (1986, 2014). The fraud provision (s 408C, 1979) replaced numerous specific deception offences. The secret commissions chapter (1931) and match-fixing chapter (2014) represent entirely new domains of criminal regulation not contemplated in the original Code."},"complexity_factors":["Multiple overlapping offence categories with nested aggravating circumstances (e.g., 16 different aggravating factors for stealing in s 398)","Extensive cross-referencing to other Acts (Penalties and Sentences Act 1992, Transport Operations Act, Personal Property Securities Act, etc.)","Complex conditional logic in definitions — e.g., 'special property' in s 391 has 3 nested sub-definitions","Numerous repealed and renumbered sections creating historical layering (e.g., s 408E was previously s 408D)","Detailed procedural provisions for stock theft including valuation panels, disposal orders, and evidentiary rules (ss 450D–450I)","Multiple penalty tiers based on value thresholds ($5,000, $30,000, $100,000) and offender status (employee, employer, director)","Broad definitions with inclusive and exclusive elements — e.g., 'property' in fraud includes 'credit, service, any benefit or advantage'","Evidentiary presumptions and burdens that shift between prosecution and defence (e.g., s 469 presumptions about consent)"],"plain_english_summary":"**What this legislation does:**\n\nThis is a substantial extract from the **Criminal Code Act 1899 (Queensland)** — one of Australia's oldest and most influential criminal codes. It sets out the core criminal offences relating to **property and dishonesty**.\n\n**Key areas covered:**\n\n**1. Stealing and Theft (Sections 390–398)**\n- Defines what can be stolen (anything moveable or capable of being made moveable)\n- Explains what \"stealing\" means: fraudulently taking or converting something with intent to permanently deprive the owner\n- Covers special situations like employee wage theft, agents holding money for others, and people with partial interests in property\n- Sets penalties: generally up to 5 years, but up to 14 years for aggravated offences (stealing from the person, vehicles, firearms, during disasters, etc.)\n\n**2. Related Dishonesty Offences**\n- **Fraud (s 408C)**: Dishonestly obtaining property, benefits, or causing detriment — up to 20 years for serious cases\n- **Identity theft (s 408D)**: Obtaining or dealing with identification information to commit offences\n- **Computer misuse (s 408E)**: Using restricted computers without consent\n- **Burglary and break-ins (ss 418–427)**: Entering premises with intent to commit offences\n- **Robbery (ss 409–415)**: Theft with violence or threats — up to life imprisonment\n\n**3. Property Damage (Sections 458–479)**\n- Arson and fire-related offences\n- Wilful damage to property\n- Special protections for cemeteries, schools, emergency vehicles, and religious sites\n- Sabotage of public facilities (up to 25 years)\n\n**4. Forgery and Personation (Sections 484–530)**\n- Creating or using false documents\n- Falsifying official records\n- Pretending to be another person to obtain property\n\n**5. Secret Commissions and Corruption (Sections 442A–442M)**\n- Bribes to agents, employees, and officials\n- False accounting and misleading documents\n\n**6. Match-Fixing (Sections 443–443G)**\n- Manipulating sporting events for betting advantage\n- Using \"inside knowledge\" for betting\n\n**7. Stock Theft (Sections 444A–450I)**\n- Special rules for stealing livestock\n- Procedures for police to seize, value, and dispose of animals\n- Branding and identification offences\n\n**Who it affects:**\nEveryone in Queensland — this is the foundational criminal law defining what constitutes theft, fraud, property damage, and dishonesty. It affects ordinary citizens, businesses, employees, employers, and public officials.\n\n**Why it matters:**\nThis Code shapes everyday criminal justice in Queensland. It determines when borrowing becomes theft, when workplace conduct becomes fraud, when computer access becomes a crime, and how seriously different types of property offences are treated. The 1899 Code was revolutionary in its clarity and has influenced criminal law across Australia and the Commonwealth."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Criminal Code Act 1899 was originally enacted as a codification of Queensland's general criminal law based on Sir Samuel Griffith's draft Criminal Code — a comprehensive but relatively contained statement of core criminal offences (murder, theft, assault, property damage, forgery, etc.) reflecting late 19th-century concerns. Over 125 years of amendment, it has expanded dramatically beyond that original purpose. Key expansions include: the addition of computer misuse offences (s.408E, originally 1997) addressing technology that did not exist in 1899; identity theft and identity fraud provisions (s.408D, 2007) covering biometric data, digital signatures and online account credentials; match-fixing and sports betting integrity offences (ss.443–443G, 2014) covering an entire regulatory regime for sporting integrity; wage theft as a form of stealing (s.391 subsection 6A, 2020), which imports employment law concepts (industrial instruments, Fair Work Act) into the criminal code; social media aggravation for vehicle theft and burglary (ss.408A and 419, 2024), targeting online boasting about crimes; sabotage of public infrastructure with a 25-year maximum penalty (s.469A, 2004); and a detailed stock disposal regime (ss.450D–450I) creating a court-supervised process for selling seized livestock before trial. The Code now functions as both a criminal law statute and a quasi-regulatory instrument touching employment law, financial services, technology, sport and emergency management — far exceeding its original scope as a general criminal code."},"complexity_factors":["Enacted in 1899 and amended over 50 separate times across dozens of amending Acts, creating substantial layering and internal inconsistency risks","Deeply nested conditional logic — e.g., s.391 has subsections 1 through 7 with sub-paragraphs within sub-paragraphs, and s.408C has a base offence plus two tiers of aggravated penalties each with multiple conditions","Extensive cross-referencing between sections, chapters, divisions and external Acts (e.g., s.398 references the Penalties and Sentences Act 1992 s.161Q, s.450F references regulations, s.450EF references the Personal Property Securities Act 2009 (Cwlth))","Multiple definitional layers — 'owner', 'special property', 'tainted property', 'industrial instrument', 'identification information', 'inside knowledge', 'match-fixing conduct', 'public facility', 'agent', 'valuable consideration' and 'adequate prescribed record' are all separately defined with extended or non-obvious meanings","Tiered penalty structures requiring the reader to navigate base offences, special case aggravations numbered 1–16 (stealing), and further aggravations under external sentencing legislation","Structural complexity — the legislation operates as a Schedule within an Act, itself divided into Parts, Divisions, Chapters, and numbered Clauses, with some provisions renumbered and relocated over time (e.g., s.430 was previously s.441)","Numerous omitted or repealed sections (e.g., ss.397, 400, 401, 405, 407–408, 410, 416–417, 420, 422–426A, 428–429, 434, 436–440, 449–450, 451–457, 460, 464–466, 476, 480–483, 485–492, 503–504, 511–513, 516–530, 531–532, 534) creating gaps in section numbering that require specialised knowledge to navigate","Provisions that shift the burden of proof to the accused (e.g., ss.446, 448A — possession of suspected stolen stock raises a presumption of guilt rebuttable only by the defendant)","The match-fixing provisions (ss.443–443G) involve multi-step definitions of 'inside knowledge' that require four cumulative conditions to be met, each with sub-conditions","Secret commissions chapter (Ch 42A, ss.442A–442M) uses archaic Victorian-era drafting with extremely long sentence structures and extensive definitions of 'agent', 'principal', 'valuable consideration' spanning paragraphs","External legislative dependencies: offences and penalties connect to the Industrial Relations Act 2016, Fair Work Act 2009 (Cwlth), Penalties and Sentences Act 1992, Disaster Management Act 2003, Personal Property Securities Act 2009 (Cwlth), Births Deaths and Marriages Registration Act 2023, Youth Justice Act 1992 and Transport Operations (Road Use Management) Act 1995"],"plain_english_summary":"This is Division 1 of Part 6 of Schedule 1 to Queensland's Criminal Code Act 1899 — one of Australia's oldest and most comprehensive criminal statutes. The provisions extracted here deal primarily with stealing and related property offences, plus injuries to property (like arson, vandalism and damage), forgery and related crimes.\n\nIn plain terms, the law sets out exactly what \"stealing\" means (taking or converting someone else's property with dishonest intent), what can be stolen (anything moveable or that can be made moveable), and who can be guilty of it. Notably, a 2020 amendment extended the definition of stealing to cover wage theft — meaning an employer who fails to pay wages can now be prosecuted as a thief. Penalties for basic stealing are 5 years imprisonment, rising to 10 or 14 years in aggravated cases (e.g., theft from a person, theft by an employee, theft of firearms or vehicles). There are also specific offences for robbery (stealing with violence), burglary (breaking into homes), fraud, identity theft, misuse of computers, extortion, and match-fixing in sport.\n\nThe property damage provisions (Division 2) cover arson (life imprisonment), wilful damage (5 years rising to life in serious cases), graffiti, sabotage of public infrastructure (25 years), endangering vehicles, damaging mines, and spreading infectious diseases to animals. Division 3 covers forgery, falsifying records, and impersonation. A broad secret commissions chapter (Chapter 42A) criminalises corrupt payments to agents and employees across virtually every industry. Throughout, the law affects anyone in Queensland — from individual members of the public to employers, company directors, public servants, sports participants, and agents acting for others.\n\nThis legislation matters because it is Queensland's foundational criminal law for property and economic crimes. It has been amended dozens of times since 1899, adding new offences (such as computer misuse in 1997, identity theft in 2007, match-fixing in 2014, and social media aggravation of vehicle theft and burglary in 2024) that reflect modern criminal behaviour well beyond what was imaginable when first enacted."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally enacted in 1899 to codify common law offences against property, the Code has been significantly expanded through amendments to include new offences such as computer misuse (s. 408E), identity theft (s. 408D), match-fixing (ss. 443A-443G), and enhanced penalties for offences involving emergency vehicles and social media bragging. The scope has also been extended to cover employee entitlement theft (s. 391(6A)) and to introduce procedures like stock disposal orders (ss. 450EB-450EH). These additions reflect an expansion beyond the original focus on traditional property crimes to address modern forms of dishonesty and criminality."},"complexity_factors":["Over 150 sections covering theft, fraud, burglary, receiving, forgery, and property damage","Numerous defined terms (e.g., 'stealing', 'owner', 'property', 'document') with lengthy interpretations","Nested exceptions and conditional defences (e.g., lost goods, agent's authority, reasonable belief)","Multiple penalty tiers based on circumstances (e.g., value of property, offender's status, use of violence)","Cross-references to other Acts (e.g., Penalties and Sentences Act 1992, Industrial Relations Act 2016)","Historical amendments adding modern offences (identity theft, computer misuse, match-fixing)","Complex procedural provisions for stock disposal and evidence (e.g., adequate prescribed records)"],"plain_english_summary":"This is the Queensland Criminal Code, specifically the parts dealing with property offences. It defines crimes like stealing, fraud, robbery, burglary, receiving stolen goods, forgery, and property damage. It sets out what these crimes are, what penalties apply, and in some cases what defences are available. The Code applies to everyone in Queensland. It aims to protect property rights by punishing those who take or damage property without the owner's consent. It also covers newer forms of dishonesty like computer misuse and match-fixing in sports. The penalties range from fines to life imprisonment depending on the seriousness. The Code is enforced by police and the courts. It is the foundation of Queensland's criminal law on property."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sch.1-sec.391-ssec.6 and sch.1-sec.391-ssec.6A","severity":"medium","reasoning":"The general definition of stealing requires a physical act of taking or moving. The wage theft provision carves out a species of stealing where the 'theft' is a pure omission — non-payment — with no physical act whatsoever. While legislatively deliberate, it creates a logical incoherence: the thing 'stolen' (a monetary amount) is not taken from anyone, never moves, and is 'converted to the person's own use' merely by not being paid. The section tries to make an intangible obligation into a tangible stolen thing, which strains the definitional framework throughout s 391.","confidence":0.82,"description":"Section 391(6) provides that stealing is not complete until the person 'actually moves' the thing or 'otherwise actually deals with it by some physical act.' Section 391(6A) then creates a wage theft offence and explicitly states that subsection (6) does not apply — meaning stealing by failure to pay wages is complete without any physical act. The amount stolen is a sum of money that by definition never changes hands and is never physically moved. This creates a category of 'stolen' property that is never possessed, never moved, and perhaps never existed as a tangible thing in the offender's hands."},{"type":"other","section":"sch.1-sec.391-ssec.2A","severity":"medium","reasoning":"The subsection creates a presumption of fraudulent taking based on the inability to identify the thing taken. However, if the thing cannot be identified, it is logically unclear how a prosecutor can establish the foundational element that the person 'has taken possession of anything capable of being stolen.' The provision is internally strained: the very fact that triggers the presumption (non-identifiability) also undermines the ability to prove the precondition for the presumption.","confidence":0.65,"description":"Section 391(2A) deems a person to have 'taken or converted' a thing fraudulently where the thing 'is not identifiable' — yet the entire premise of the deeming provision is that the person has taken possession of 'anything capable of being stolen.' If the thing is not identifiable, it may well be that it cannot be established to be capable of being stolen, cannot be shown to belong to anyone, and cannot be proven to have been taken at all. The provision bootstraps a fraud finding from an absence of identification."},{"type":"other","section":"sch.1-sec.408A-ssec.4(b)(iii)","severity":"medium","reasoning":"The circumstance of aggravation attaches purely to the presence of another person, not to that person's involvement in the offence. A person driving a stolen car with an unknowing friend in the passenger seat faces 14 years. While this is a common legislative drafting technique, it creates a logically absurd outcome where the severity of an offence is determined by an entirely innocent third party's proximity rather than any culpable conduct.","confidence":0.75,"description":"Section 408A(4)(b)(iii) provides that an aggravated penalty of 14 years applies if 'the offender is in company with 1 or more persons.' This means that any person who unlawfully uses a vehicle while accompanied by even a single other person — including an innocent passenger who has no knowledge of the offence — automatically faces 14 years instead of 10. The aggravation applies regardless of whether the accompanying person is complicit."},{"type":"circular_definition","section":"sch.1-sec.391-ssec.7 (definition of 'owner')","severity":"low","reasoning":"The definition says 'owner includes the owner.' This is definitionally circular at its core. While surrounding expansions give it meaning beyond the tautology, the structural inclusion of the defined term within its own definition is a recognised drafting flaw. It is an amusing quirk rather than a compliance-breaking problem, as the extended meaning is clear enough.","confidence":0.88,"description":"The definition of 'owner' in section 391(7) is potentially circular: it 'includes the owner, any part owner, or any person having possession or control of, or a special property in, the thing.' The definition includes 'the owner' within the definition of 'owner' — a classic circular definition. The surrounding words save it from being wholly circular, but the tautological inclusion of 'the owner' in the definition of 'owner' is logically redundant and could cause interpretive confusion about what the underlying ordinary meaning is."},{"type":"self_contradicting","section":"sch.1-sec.446","severity":"low","reasoning":"The offence in s 446(1) already carves out the defence within the main provision. Subsection (3) then restates the identical defence separately. This could suggest a drafting intention to make the defence operate differently in some way, but as drafted it is pure duplication. Courts might wonder whether the re-statement in (3) was meant to alter the burden of proof or standard, creating unnecessary interpretive ambiguity.","confidence":0.78,"description":"Section 446 establishes a reverse onus offence: a person in whose possession suspected stolen stock is found 'is guilty of a misdemeanour, unless the person proves that the person came lawfully by the thing in question.' Subsection (3) then reiterates: 'It is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the thing in question.' The defence stated in subsection (3) is identical to the exculpatory exception already stated in subsection (1), making subsection (3) entirely redundant and potentially confusing as to whether the two operate differently."},{"type":"self_contradicting","section":"sch.1-sec.448A","severity":"low","reasoning":"Identical defences stated twice in different subsections of the same section creates unnecessary duplication. While not fatal to compliance, it raises interpretive questions about whether the legislature intended any distinction and could lead to argument about differential application.","confidence":0.75,"description":"Like section 446, section 448A (possession of stock with defaced brand) includes the offence-exception in subsection (1) — 'is guilty of a misdemeanour, unless the person proves that the person came lawfully by the animal in question' — and then identically restates the defence in subsection (3). The same redundancy and structural confusion applies."},{"type":"retroactive_impossibility","section":"sch.1-sec.398 amendment notation '2026 No. 4 s 10'","severity":"high","reasoning":"Legislative amendment histories should only record amendments that have already occurred. A citation to a 2026 Act in a document being analysed now (if before 2026) would mean the section contains a reference to a future law that cannot yet exist, making it impossible for anyone to verify or comply with the amended form of the provision. Even if the current date is 2026 or later, this is worth flagging as an unusual drafting note.","confidence":0.6,"description":"The amendment history for section 398 includes a reference to '2026 No. 4 s 10' — an amendment from the year 2026. As this legislation was provided for analysis, if the current date is prior to 2026, this constitutes a retroactive impossibility: the section purports to have been amended by legislation that does not yet exist."},{"type":"retroactive_impossibility","section":"sch.1-sec.469-ssec.1 and sch.1-sec.469 amendment notation '2026 No. 4 s 11'","severity":"high","reasoning":"Same reasoning as for s 398. If this document is being read before 2026, it contains references to amendments by a non-existent Act. Even if after 2026, the inclusion of future-dated amendment references in a current legislative instrument is an internal inconsistency.","confidence":0.6,"description":"Section 469 similarly contains an amendment notation to '2026 No. 4 s 11.' The same retroactive impossibility concern applies as with section 398."},{"type":"other","section":"sch.1-sec.408D-ssec.1 and sch.1-sec.408D-ssec.7 (definition of 'obtaining')","severity":"low","reasoning":"The definition of 'obtaining' to include 'possessing' creates an extremely broad primary offence. Combined with 'dealing' including 'using,' almost any interaction with identification information for an indictable purpose is caught by s (1). The separate equipment offence in (1A) is then a minor adjunct. This breadth is likely intentional but creates definitional overlap that could produce anomalous results in prosecution.","confidence":0.6,"description":"Section 408D(1) creates the offence of 'obtaining or dealing with' another entity's identification information. Section 408D(7) defines 'obtaining' identification information to include 'possessing or making the information.' However, section 408D(1A) separately criminalises 'possessing equipment' for the purpose of facilitating an offence against subsection (1). If 'obtaining' already includes 'possessing' (the information itself), then a person who possesses identification information is already guilty under subsection (1), and subsection (1A) is only needed for equipment possession — yet the overlap between 'obtaining' (which includes possessing) and 'dealing' (which includes 'using') risks subsuming most conduct into the primary offence."},{"type":"impossible_compliance","section":"sch.1-sec.442K-ssec.1 and sch.1-sec.442K-ssec.2","severity":"medium","reasoning":"A witness faces a dilemma: (a) answer truly and fully confess, earning a certificate and immunity from future prosecution; or (b) answer less than fully truthfully and risk perjury, but their partial answers can still be used in the current proceeding. The system creates a coercive structure where the only safe path is complete self-incrimination. While this is a known feature of such immunity regimes, the interplay between compelled answers, limited use immunity, and the certificate mechanism creates a logical tension about what 'protection' actually means.","confidence":0.65,"description":"Section 442K compels witnesses to answer self-incriminating questions about offences under the chapter (s 442K(1)), and grants them protection from use of those answers in other proceedings (s 442K(2)). However, section 442L provides that a witness who answers 'truly' all required questions receives a certificate that stays any prosecution for the same offence. The problem: a witness compelled to incriminate themselves under s 442K(1) must answer 'truly' to earn the protection of s 442L — but if they answer 'truly' they fully confess the offence. The only complete protection is to confess everything truthfully. A witness who partially confesses or gives incomplete truthful answers may not satisfy the court's 'answers truly all questions' test and gets no certificate — yet their partial admissions may be used against them in the very proceeding they are giving evidence in (s 442K(2) excludes 'the said proceeding')."},{"type":"other","section":"sch.1-sec.471-ssec.1","severity":"low","reasoning":"The legislative history shows this section was substituted in 2008. The example text reads like former paragraph text that was converted to an example during redrafting but now floats ungrammatically. While it does not prevent compliance, it creates interpretive ambiguity about the scope of 'damages a mine' and whether the example is exhaustive, illustrative, or a ghost of a former substantive provision.","confidence":0.7,"description":"Section 471(1) lists the acts constituting the crime of damaging mines. The text reads: 'A person who unlawfully and with intent to damage a mine— (a) damages a mine; or [Example — obstructing the working of a mine by running water into the mine...] (b) interferes with equipment or infrastructure...' The example text 'obstructing the working of a mine by running water into the mine or into an underground passage leading into the mine' appears to be a remnant of previously deleted paragraph text that has been repositioned as an example but reads as a freestanding clause. The grammatical structure is broken: the example is not grammatically connected to the preceding material as an example should be."}],"contradictions":[{"severity":"medium","section_a":"sch.1-sec.391-ssec.6","section_b":"sch.1-sec.391-ssec.6A","confidence":0.88,"description":"Section 391(6) states stealing is not complete until the person 'actually moves' the thing or 'otherwise actually deals with it by some physical act.' Section 391(6A)(b) explicitly disapplies subsection (6) for wage theft, and (6A)(c) provides that conversion occurs when wages become payable and are not paid — a pure omission, with no physical act. These two provisions directly contradict each other on the fundamental question of whether a physical act is required to complete the offence of stealing."},{"severity":"high","section_a":"sch.1-sec.419-ssec.2","section_b":"sch.1-sec.419-ssec.4","confidence":0.92,"description":"Section 419(2) provides that breaking and entering a dwelling attracts life imprisonment. Section 419(4) provides that if the offender publishes material on social media advertising the offence, they are liable to 16 years imprisonment. This creates the absurd result that social media advertising of a break-and-enter — which is an aggravating circumstance — attracts a lower maximum (16 years) than simply breaking in without any social media element (life). An offender who breaks in AND brags about it online is paradoxically subject to a lesser maximum than one who just breaks in."},{"severity":"medium","section_a":"sch.1-sec.419-ssec.1","section_b":"sch.1-sec.419-ssec.5","confidence":0.72,"description":"Section 419(1) criminalises entering or being in a dwelling with intent to commit an indictable offence, with a maximum of 14 years. Section 419(5) criminalises actually committing an indictable offence in a dwelling after entering or being there, with a maximum of life imprisonment. While the escalation from intent to completion is logical, the interaction with s 419(2) (breaking in = life) means that a person who breaks into a dwelling with intent but commits no offence faces the same maximum (life) as one who breaks in and does commit an offence. The intent-only offence in (1) is thus rendered partially redundant by (2), creating ambiguity about the purpose and application of the 14-year cap in (1)."},{"severity":"medium","section_a":"sch.1-sec.408C-ssec.1","section_b":"sch.1-sec.391-ssec.1","confidence":0.7,"description":"Both sections 391 (stealing) and 408C (fraud) can apply to the same conduct. Section 408C(1)(a) criminalises dishonestly applying to one's own use property belonging to another — which is substantially the same conduct as fraudulent conversion under s 391(1). The definitions of the two offences substantially overlap, and it is unclear in many scenarios which provision applies, or whether both can be charged simultaneously for the same act. Section 408C carries a base maximum of 5 years vs s 398's 5 years for stealing, but aggravated fraud under s 408C can reach 20 years — creating radically different exposure for essentially the same conduct depending on which charge is laid."},{"severity":"high","section_a":"sch.1-sec.408A-ssec.1","section_b":"sch.1-sec.408A-ssec.6","confidence":0.85,"description":"Section 408A(1) defines the offence as unlawful use without 'the consent of the person in lawful possession.' Section 408A(6) provides a defence where the accused had 'the lawful consent of the owner.' These are different legal persons — the person in lawful possession is not necessarily the owner (e.g., a hirer, lessee, or bailee). A person could have the owner's consent but not the consent of the lawful possessor, or vice versa. The offence is defined by reference to possession-consent, but the defence is framed by reference to owner-consent, creating a logical gap: consent from the owner may not provide a defence if the lawful possessor has not consented."},{"severity":"high","section_a":"sch.1-sec.444A-ssec.2 and sch.1-sec.444A-ssec.3","section_b":"sch.1-sec.2-oc.2-ssec.1","confidence":0.78,"description":"Section 444A (killing animals with intent to steal) sets a maximum fine cap of 455 penalty units (s 444A(3)). The stock theft punishment provision in sch.1-sec.2-oc.2 requires a minimum fine of the animal's value or 10 penalty units per animal, whichever is higher, where an offender is sentenced to pay a fine for stealing stock. If multiple high-value stock animals are involved in a killing-with-intent-to-steal charge, the minimum per-animal fine required by sch.1-sec.2-oc.2 could mathematically exceed the 455 penalty unit cap imposed by s 444A(3), creating an irreconcilable conflict between the minimum and maximum fine provisions."},{"severity":"low","section_a":"sch.1-sec.442M-ssec.3","section_b":"sch.1-sec.442K-ssec.1","confidence":0.55,"description":"Section 442M(3) requires the consent of a Crown Law Officer before any prosecution under the secret commissions chapter can be commenced. Section 442K(1) compels any witness called in proceedings under the chapter to answer self-incriminating questions. The interaction creates a structural issue: compelled testimony under 442K can only arise in proceedings that required Crown Law Officer consent to commence — meaning a person can be compelled to incriminate themselves in proceedings that were selectively consented to by the prosecution. The compulsion provision does not require any independent judicial oversight of whether consent was properly given."}]}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-act-1899","history":"/api/acts/criminal-code-act-1899/history","analysis":"/api/acts/criminal-code-act-1899/analysis","conflicts":"/api/acts/criminal-code-act-1899/conflicts","importantCases":"/api/acts/criminal-code-act-1899/important-cases","documents":"/api/acts/criminal-code-act-1899/documents"}}