{"id":"criminal-code-act-1983","name":"Criminal Code Act 1983","slug":"criminal-code-act-1983","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2434,"registerId":"nt-criminal-code-act-1983-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 3","sectionType":"division","heading":"Circumstances in which there is no criminal","content":"Division 3 Circumstances in which there is no criminal\n","sortOrder":0},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Lack of capacity of children","content":"Subdivision 1 Lack of capacity of children\n43AP Age of criminal responsibility ......................................................... 34\n43AQ Child 10 years of age or older but under 14 years of age .............. 34\n43AR Self-induced intoxication ................................................................ 34\n43AS Intoxication – offences involving basic intent ................................. 35\n\nCriminal Code Act 1983 iv\n43AT Intoxication – negligence as fault element ..................................... 35\n43AU Intoxication – relevance to defences ............................................. 35\n43AV Involuntary intoxication .................................................................. 36\n43AW Mistake or ignorance of fact – fault elements other than\nnegligence ..................................................................................... 36\n43AX Mistake of fact – strict liability ........................................................ 37\n43AY Mistake or ignorance of law ........................................................... 37\n43AZ Claim of right ................................................................................. 38\n43BA Intervening conduct or event ......................................................... 38\n43BB Duress ........................................................................................... 38\n43BC Sudden or extraordinary emergency ............................................. 39\n43BD Self-defence .................................................................................. 39\n43BE Lawful authority ............................................................................. 40\n43BF Attempt .......................................................................................... 40\n43BG Complicity and common purpose .................................................. 41\n43BGA Joint commission ........................................................................... 42\n43BH Commission by proxy .................................................................... 44\n43BI Incitement ...................................................................................... 44\n43BJ Conspiracy..................................................................................... 45\n43BJA References in Acts to offences ...................................................... 47\n43BK General principles.......................................................................... 47\n43BL Physical elements.......................................................................... 47\n43BM Fault elements other than negligence............................................ 48\n43BN Negligence..................................................................................... 49\n43BO Mistake of fact – strict liability ........................................................ 50\n43BP Intervening conduct or event ......................................................... 50\n43BQ Legal burden of proof .................................................................... 50\n43BR Legal burden of proof – prosecution .............................................. 50\n43BS Standard of proof – prosecution .................................................... 51\n43BT Evidential burden of proof .............................................................. 51\n43BU Evidential burden of proof – defence ............................................. 51\n43BV Legal burden of proof – defence .................................................... 51\n43BW Standard of proof – defence .......................................................... 52\n43BX Use of averments .......................................................................... 52\n\nCriminal Code Act 1983 v\n43BY Application and effect of Division ................................................... 52\n43BZ Interpretation for Division ............................................................... 52\n43CA Extension of offences if required geographical nexus exists ......... 53\n43CB Geographical application – double criminality................................ 53\n43CC Geographical application – procedure ........................................... 53\n43CD Geographical application – suspicion etc. that offence\ncommitted ...................................................................................... 54\nPart IIA Mental impairment and unfitness to be\ntried\n43A Definitions ...................................................................................... 55\n43B Meaning of supervised person in Divisions 6 and 7....................... 56\n43C Defence of mental impairment ....................................................... 57\n43D Presumption of competence and burden of proof .......................... 57\n43E Standard of proof ........................................................................... 57\n43F Who may raise defence and when may defence be raised and\nconsidered? ................................................................................... 57\n43G Hearing of question of mental impairment by court etc. ................. 58\n43H Plea of not guilty by reason of mental impairment may be\naccepted ........................................................................................ 59\n43I Effect of findings under this Division .............................................. 59\n43J When is a person unfit to stand trial? ............................................ 60\n43K Presumption of fitness to stand trial and burden of proof .............. 60\n43L Standard of proof ........................................................................... 60\n43M Committal proceedings .................................................................. 61\n43N Institution of investigation of fitness of accused person ................. 61\n43O Court may make interim orders ..................................................... 61\n43P Procedure for conduct of investigation .......................................... 62\n43Q Finding that accused person fit to stand trial ................................. 62\n43R Procedure if accused person found unfit to stand trial after\nconduct of investigation ................................................................. 63\n43S Abridgement of adjournment under section 43R ........................... 64\n43T Finding that accused person unfit to stand trial by agreement....... 64\n43U Extension of period for holding special hearing ............................. 65\n43V Purpose of special hearings .......................................................... 65\n\nCriminal Code Act 1983 vi\n43W Procedure for conduct of special hearing ...................................... 65\n43X Findings at special hearing ............................................................ 66\n43XA Dispensing with special hearing .................................................... 67\n43XB Effect of finding under section 43XA.............................................. 67\n43Y Interim orders pending supervision................................................ 67\n43Z When supervision orders are made ............................................... 68\n43ZA Nature of supervision orders.......................................................... 68\n43ZB Appeals against supervision orders ............................................... 69\n43ZC Term of supervision order .............................................................. 70\n43ZD Variation or revocation of supervision order .................................. 70\n43ZE Urgent variation of non-custodial supervision order....................... 71\n43ZF Emergency power of apprehension ............................................... 73\n43ZG Major review of supervision orders ................................................ 74\n43ZH Periodic review of supervision orders ............................................ 76\n43ZI Right of persons to appear at hearings under this Division............ 76\n43ZJ Court to receive report on condition of accused persons\ndeclared liable to supervision ........................................................ 77\n43ZK Periodic reports on condition of supervised persons ..................... 78\n43ZL Reports on views of victim or next of kin ....................................... 78\n43ZLA Definition........................................................................................ 79\n43ZM Principle court to apply when making order ................................... 80\n43ZN Matters court must take into account when making order ............. 80\n43ZO Legal counsel to have independent discretion ............................... 81\n43ZP Counselling next of kin .................................................................. 81\n43ZPA Protection from liability .................................................................. 82\n43ZQ Regulations.................................................................................... 82\n44 Definitions ...................................................................................... 82\n45 Seditious enterprise ....................................................................... 83\n46 Seditious words ............................................................................. 83\n47 Procedure on prosecution for sedition ........................................... 83\n48 Acts done in good faith .................................................................. 83\n49 Unlawful oaths to commit offences, &c. ......................................... 84\n\nCriminal Code Act 1983 vii\n50 Definitions ...................................................................................... 85\n51 Membership of unlawful organization ............................................ 85\n52 Evidence of knowledge of unlawfulness ........................................ 86\n53 Display of support for unlawful organization .................................. 86\n54 Terrorism ....................................................................................... 86\n55 Contribution towards acts of terrorism ........................................... 86\nDivision 3 Offences against the Executive and\nLegislative power\n56 Interference with Administrator or Minister .................................... 87\n57 Interference with Legislative Assembly.......................................... 87\n58 Influencing Legislative Assembly member ..................................... 87\n59 Bribery of Legislative Assembly member ....................................... 87\n60 Legislative Assembly member receiving bribe ............................... 87\n61 Disturbing the Legislative Assembly .............................................. 88\n62 Going armed to Legislative Assembly ........................................... 88\n63 Interpretation ................................................................................. 88\n64 Punishment of unlawful assembly ................................................. 88\n65 Punishment of riot.......................................................................... 89\n66 Offences relating to riots ................................................................ 89\n69 Going armed in public .................................................................... 90\n70 Challenge to a fight likely to cause death or serious harm ............ 90\n71 Interfering with political liberty........................................................ 90\n72 Definitions ...................................................................................... 91\n72A Meaning of act of piracy ................................................................ 91\n73 Punishment of piracy ..................................................................... 92\n74 Trading with pirates ....................................................................... 92\n75 Fitting out ship for piracy................................................................ 92\n\nCriminal Code Act 1983 viii\nPart IV Offences against the administration of law\nand justice and against public authority\nDivision 1 Disclosure of confidential information and\ncorruption and abuse of office\n75A Definitions ...................................................................................... 93\n75B Meaning of benefit ......................................................................... 93\n75C Improper conduct........................................................................... 94\n75D Dismissal of trivial case ................................................................. 95\n76 Disclosure of confidential information ............................................ 95\n77 Corruption ...................................................................................... 96\n78 Other corrupting benefits ............................................................... 97\n79 Advancing secret personal interests .............................................. 98\n80 Abuse of office – improper conduct ............................................. 101\n81 Abuse of office – arbitrary and prejudicial conduct ...................... 101\n83 Corruption of surveyor or valuer .................................................. 102\n85 False assumption of authority ...................................................... 103\n86 Personating public officers........................................................... 103\n86A Alternative verdicts ...................................................................... 103\n87 Undue influence........................................................................... 104\n88 Bribery ......................................................................................... 104\n89 Further penalty for corrupt practices ............................................ 105\n90 Illegal practices ............................................................................ 105\n91 Placing false ballot-papers in ballot-boxes................................... 106\nDivision 4 Selling and trafficking in offices\n92 Bargaining for offices in public service ........................................ 106\nDivision 5 Offences relating to the administration of\njustice\n93 Judicial corruption........................................................................ 106\n94 Official corruption not judicial but relating to offences.................. 107\n95 Corrupting or threatening jurors ................................................... 107\n96 Perjury ......................................................................................... 108\n97 Punishment of perjury .................................................................. 108\n98 Evidence on charge of perjury ..................................................... 109\n99 Fabricating evidence ................................................................... 109\n100 Corruption of witnesses ............................................................... 109\n\nCriminal Code Act 1983 ix\n101 Deceiving witnesses .................................................................... 109\n102 Destroying evidence .................................................................... 110\n103 Preventing witnesses from attending ........................................... 110\n103A Threats or reprisals relating to persons involved in criminal\ninvestigations or judicial proceedings or against public officers ... 110\n104 Compounding indictable offences................................................ 113\n105 Compounding penal actions ........................................................ 114\n106 Delay in taking person arrested before court ............................... 114\n107 Bringing fictitious action on penal statute .................................... 114\n108 Inserting advertisement without authority of court ....................... 114\n109 Attempting to pervert justice ........................................................ 114\nDivision 6 Escapes: rescues: obstructing officers of\ncourts\n110 Forcibly rescuing certain offenders .............................................. 114\n111 Aiding escape from lawful custody .............................................. 115\n112 Escape from lawful custody ......................................................... 115\n113 Permitting escape ........................................................................ 116\n114 Harbouring escaped prisoners..................................................... 116\n115 Rescuing mentally ill persons ...................................................... 116\n116 Removing, &c., property under lawful seizure ............................. 116\n117 Obstructing officers of courts of justice ........................................ 117\nDivision 7 Miscellaneous offences against public\n118 False statements in statements required to be under oath or\nsolemn declaration ...................................................................... 117\n119 False declarations and statements .............................................. 117\n120 Evidence ...................................................................................... 117\n121 Resisting public officers ............................................................... 117\n122 Refusal by public officer to perform duty ..................................... 118\n123 Neglect to aid in suppressing riot................................................. 118\n124 Neglect to aid in arresting offenders, &c. ..................................... 118\n125 Offering violence to officiating ministers of religion ...................... 118\nDivision 2 Child abuse material and other offensive\nmaterial and articles\n125A Interpretation ............................................................................... 119\n125AB Child abuse material, animal sexual abuse or animal crush\nmaterial and related articles may be destroyed ........................... 122\n\nCriminal Code Act 1983 x\n125AC Article containing child abuse material or animal sexual abuse\nor animal crush material may be returned ................................... 123\n125B Production, possession etc. of child abuse material .................... 123\n125C Publishing indecent articles ......................................................... 125\n125D Using child for production of child abuse material or\npornographic or abusive performance ......................................... 125\n125DA Animal sexual abuse or animal crush material ............................ 126\n125E Criminal liability of executive officer of body corporate – legal\nburden of proof on defence.......................................................... 127\n125F Court proceedings ....................................................................... 129\nDivision 2A Offence relating to human remains\n126 Interference with or indignity to human remains .......................... 129\n148 Selling, &c., things unfit for food or drink ..................................... 129\n148A Definitions .................................................................................... 130\n148B Contaminating goods with intent to cause public alarm or\neconomic loss .............................................................................. 130\n148C Threatening to contaminate goods with intent to cause public\nalarm or economic loss ................................................................ 130\n148D Making false statements concerning contamination of goods\nwith intent to cause public alarm or economic loss ...................... 131\n148E Territorial nexus for offences ....................................................... 131\n148F Recruiting child to engage in criminal activity .............................. 131\nPart VI Offences against the person and related\nSubdivision 1 Right of occupants etc. to safety from attack\nby intruders\n149A Right to safety from attack by intruders ....................................... 133\n149B Definitions .................................................................................... 133\n149C Causing death or harm ................................................................ 133\n\nCriminal Code Act 1983 xi\nDivision 1 Duties relating to the preservation of human\nlife\n149 Duty of person in charge of child or others .................................. 134\n150 Duty of person engaging in dangerous conduct .......................... 134\n151 Duty of person in charge of things applied to a dangerous\npurpose........................................................................................ 134\n152 Duty to do certain acts ................................................................. 134\n153 Effect of breach of duty ................................................................ 134\nDivision 2 Provision of rescue, medical treatment and\nother aid\n155 Failure to rescue, provide help, &c. ............................................. 135\n155A Assault, obstruction etc. of persons providing rescue, medical\ntreatment or other aid .................................................................. 135\n156 Murder ......................................................................................... 135\n157 Punishment for murder and conspiracy to murder ....................... 136\n158 Trial for murder – partial defence of provocation ......................... 136\n159 Trial for murder – partial defence of diminished responsibility ..... 137\n160 Manslaughter ............................................................................... 138\n161 Punishment for manslaughter ...................................................... 138\n161A Violent act causing death............................................................. 138\n162 Assisting and encouraging suicide .............................................. 139\n163 Concealment of birth ................................................................... 140\n165 Attempt to murder ........................................................................ 140\n166 Threats to kill ............................................................................... 140\n170 Killing unborn child ...................................................................... 140\nDivision 3A Recklessly endangering life and serious harm,\nnegligently causing serious harm and related\noffences involving vehicles and vessels\n174B Danger of death or serious harm ................................................. 141\n174C Recklessly endangering life ......................................................... 141\n174D Recklessly endangering serious harm ......................................... 142\n174E Negligently causing serious harm ................................................ 142\n174F Driving motor vehicle causing death or serious harm .................. 142\n174FA Hit and run ................................................................................... 143\n174FB Dangerous driving during pursuit ................................................. 145\n174FC Navigating vessel causing death or serious harm ....................... 146\n\nCriminal Code Act 1983 xii\n174G Increased penalty for aggravated offence ................................... 147\n174H Procedure for proving aggravated offence................................... 148\n175 Disabling in order to commit indictable offence ........................... 148\n176 Stupefying in order to commit indictable offence ......................... 148\n176A Drink or food spiking .................................................................... 148\n177 Acts intended to cause serious harm or prevent apprehension ... 149\n178 Preventing escape from wreck .................................................... 150\n179 Intentionally endangering safety of persons travelling by\nrailway or roadway....................................................................... 150\n180 Intentionally endangering safety of persons travelling by\naircraft or ship .............................................................................. 150\n180A Endangering occupants of vehicles and vessels ......................... 151\n181 Serious harm ............................................................................... 151\n182 Attempting to injure by explosive substances .............................. 152\n183 Failure to supply necessaries ...................................................... 152\n184 Endangering life of child by exposure .......................................... 152\n185 Setting man-traps ........................................................................ 152\n186 Harm ............................................................................................ 152\n186AA Choking, strangling or suffocating in a domestic relationship ...... 153\n186A Definitions .................................................................................... 154\n186B Female genital mutilation ............................................................. 154\n186C Removal of person from Territory for female genital mutilation ... 155\n186D Consent not relevant ................................................................... 155\n187 Definitions .................................................................................... 155\n188 Common assault.......................................................................... 156\n188A Assaults on workers .................................................................... 157\n189A Assaults on police or emergency workers ................................... 158\n189 Unlawful stalking.......................................................................... 159\n190 Assaults on the Administrator or judges ...................................... 160\n191 Assaults on member of crew of aircraft ....................................... 160\n193 Assaults with intent to commit an offence .................................... 160\n193A Interpretation ............................................................................... 161\n193B Assault with intent to steal ........................................................... 162\n\nCriminal Code Act 1983 xiii\nDivision 6 Offences against liberty: kidnapping:\nabduction\n194 Kidnapping for ransom ................................................................ 162\n195 Kidnapping................................................................................... 163\n196 Deprivation of liberty .................................................................... 163\n197 False certificates by officers charged with duties relating to\nliberty ........................................................................................... 163\n198 Concealment of matters affecting liberty ..................................... 164\n199 Wrongful custody of mentally ill person ....................................... 164\n200 Threats ........................................................................................ 164\n201 Abduction, enticement or detention of child under 16 years for\nimmoral purpose .......................................................................... 164\n202 Abduction of child under 16 years ............................................... 165\nDivision 6A Sexual servitude and deceptive recruiting for\nsexual services\n202A Interpretation ............................................................................... 165\n202B Sexual servitude .......................................................................... 166\n202C Conducting business involving sexual servitude.......................... 166\n202D Deceptive recruiting for sexual services ...................................... 166\n202E Knowledge of age immaterial ...................................................... 167\n203 Definitions .................................................................................... 167\n204 Unlawful publication of defamatory matter ................................... 167\n205 Publishing or threatening to publish defamatory matter with\nintent to extort money .................................................................. 168\n206 Further application of civil law...................................................... 168\n207 Burden of proof ............................................................................ 168\n208 Prosecutions to be sanctioned by Crown Law Officer ................. 168\n208AA Definitions .................................................................................... 168\n208AAB Recording or capturing intimate image without consent .............. 169\n208AB Distribution of intimate image without consent............................. 170\n208AC Threaten to distribute intimate images......................................... 171\n208AD Prosecution of child to be approved ............................................ 172\n208AE Court may order rectification........................................................ 172\n208A Termination of pregnancy performed by unqualified person ........ 173\n\nCriminal Code Act 1983 xiv\n208D Activities involving serious harm or risk of death or serious\nharm ............................................................................................ 174\n208E Law enforcement officers............................................................. 175\n208F Evidential burden of proof ............................................................ 175\n208G Definitions .................................................................................... 175\n208GA Consent ....................................................................................... 177\n208GB Indecent and grossly indecent ..................................................... 177\n208GC Meaning of position of authority ................................................... 178\n208GD Meaning of sexually involved with ............................................... 179\n208GE Meaning of touches ..................................................................... 179\n208H Sexual intercourse – without consent .......................................... 179\n208HA Compelling sexual intercourse or penetration – without\nconsent ........................................................................................ 180\n208HB Gross indecency – without consent ............................................. 180\n208HC Indecent touching or act – without consent ................................. 181\n208HD Compelling indecent touching or act – without consent ............... 182\n208HE Recklessness in sexual offences ................................................. 182\n208HF Attempt to commit sexual offence and recklessness ................... 182\nDivision 3 Sexual acts committed against children under\n208J Sexual intercourse – child under 16 years ................................... 183\n208JA Causing sexual intercourse or penetration – child under\n16 years ....................................................................................... 184\n208JB Gross indecency – child under 16 years ...................................... 184\n208JC Indecent touching or act – child under 16 years .......................... 185\n208JD Causing indecent touching or act – child under 16 years ............ 186\n208JE Exposure to indecent thing or act – child under 16 years ............ 187\n208JF Recording or capturing indecent image – child under 16 years ... 187\n208JG Engaging in conduct to procure sexual activity – child\nunder 16 years............................................................................. 188\n208JH Grooming to engage in sexual activity – child under 16 years ..... 189\n208JI Repeated sexual abuse – child under 16 years ........................... 192\n208JJ Charge for offence of repeated sexual abuse .............................. 195\n208JK No defence of consent ................................................................. 196\n208JL No defence of belief in marriage or de facto relationship............. 196\n208JM Proceeding against child ............................................................. 196\n\nCriminal Code Act 1983 xv\n","sortOrder":1},{"sectionNumber":"Div 4","sectionType":"division","heading":"Sexual acts committed against young persons","content":"Division 4 Sexual acts committed against young persons\nby persons in positions of authority\n208K Sexual intercourse – young person ............................................. 197\n208KA Causing sexual intercourse or penetration – young person ......... 197\n208KB Gross indecency – young person ................................................ 197\n208KC Indecent touching or act – young person ..................................... 198\n208KD No defence of consent ................................................................. 198\n208KE Defence – marriage or de facto relationship ................................ 199\n","sortOrder":2},{"sectionNumber":"Div 5","sectionType":"division","heading":"Sexual acts committed against cognitively","content":"Division 5 Sexual acts committed against cognitively\nimpaired persons by carers\n208L Meaning of cognitive impairment ................................................. 199\n208LA Person responsible for care of person with cognitive\nimpairment ................................................................................... 199\n208LB Sexual intercourse – person with cognitive impairment ............... 200\n208LC Causing sexual intercourse or penetration – person with\ncognitive impairment .................................................................... 200\n208LD Gross indecency – person with cognitive impairment .................. 201\n208LE Indecent touching or act – person with cognitive impairment ...... 201\n208LF Defence – consent....................................................................... 202\n208LG Defence – marriage or de facto relationship ................................ 202\n","sortOrder":3},{"sectionNumber":"Div 6","sectionType":"division","heading":"Sexual acts committed against close family","content":"Division 6 Sexual acts committed against close family\nmembers\n208M Meaning of close family member ................................................. 202\n208MA Incest ........................................................................................... 202\n208MB No defence of consent ................................................................. 203\n208MC Defence – compulsion ................................................................. 203\nDivision 7 Sexual acts committed against animal or in\npublic\n208N Sexual involvement with animal................................................... 203\n208NA Public masturbation ..................................................................... 203\n208P Increased penalty for aggravated offence ................................... 203\n208PA Procedural and evidentiary provisions for aggravated offences .. 204\n208PB Jury directions on consent ........................................................... 204\n208PC Exception – medical, hygienic, veterinary or agricultural\nprocedures ................................................................................... 205\n208PD Alternative verdicts ...................................................................... 205\n208PE Indecent images and related articles may be destroyed.............. 205\n208PF Article containing indecent images may be returned ................... 206\n\nCriminal Code Act 1983 xvi\n209 Definitions .................................................................................... 206\n210 Meaning of property for this Division ........................................... 207\n211 Person to whom property belongs for this Division ...................... 207\n212 Appropriation of property ............................................................. 208\n213 Intention of permanently depriving............................................... 209\n214 Dishonesty ................................................................................... 209\n215 Theft of land................................................................................. 210\n216 General deficiency ....................................................................... 210\n217 Theft ............................................................................................ 210\n218 Robbery ....................................................................................... 211\n219 Circumstances of aggravation for robbery ................................... 212\n220 Entering building with intention to commit offence ....................... 212\n221 Burglary ....................................................................................... 213\n222 Circumstances of aggravation for burglary .................................. 213\n223 Alternative verdict ........................................................................ 214\n224 Damaging or interfering with property as trespasser ................... 214\n225 Going equipped for theft and related offences ............................. 215\n226 Receiving stolen property ............................................................ 216\n227 Shoplifting .................................................................................... 216\n228 Making off without payment ......................................................... 217\n228AA Removal of item from places open to public ................................ 218\n228AB Driving, using or riding motor vehicle, vessel or aircraft without\nconsent ........................................................................................ 218\n228AC Definitions .................................................................................... 219\n228AD Meaning of menace ..................................................................... 220\n228AE Meaning of obtain ........................................................................ 220\n228AF Meaning of demand with a menace ............................................. 221\n228AG Intention of permanently depriving............................................... 221\n228AH Obtaining property by deception .................................................. 222\n228AI Transfers of money etc. ............................................................... 223\n228AJ General deficiency ....................................................................... 223\n228AK Obtaining financial advantage by deception ................................ 224\n\nCriminal Code Act 1983 xvii\n228AL Dishonestly intending to obtain gain from Territory...................... 224\n228AM Dishonestly intending to cause loss for Territory ......................... 224\n228AN Dishonestly causing loss or risk of loss for Territory .................... 225\n228AO Blackmail and extortion ............................................................... 225\n228A Definitions .................................................................................... 226\n228B Attempt offences in section 43BF do not apply............................ 227\n228C Dealing in identification information ............................................. 227\n228D Possessing identification information........................................... 228\n228E Possessing equipment used to deal in identification\ninformation or identification documentation ................................. 228\n228F Alternative verdicts ...................................................................... 229\n229 Definitions .................................................................................... 229\n230 Money laundering with knowledge or belief ................................. 230\n231 Money laundering with recklessness ........................................... 230\n232 Dealing with suspicious property ................................................. 231\n233 Proof of other offences not required ............................................ 233\n234 Prosecution requires consent of Director of Public\nProsecutions ................................................................................ 233\n235 Alternative verdict for offence against section 230 ...................... 233\n236 Alternative verdict for offence against section 231 ...................... 234\n236A Recklessness as to nature of money or property sufficient for\noffence of attempt against section 231 ........................................ 234\n236B False accounting ......................................................................... 234\n236C False statements by officer of body corporate etc. ...................... 236\n236D Falsification of registers ............................................................... 237\n236E Interpretation ............................................................................... 237\n236F Meaning of obtain ........................................................................ 238\n236G Bribery – offence by person in relation to agent .......................... 238\n236H Bribery – offence by agent ........................................................... 239\n236J Other corrupting benefits – offence by person in relation to\nagent ........................................................................................... 240\n236K Other corrupting benefits – offence by agent ............................... 241\n236L Alternative verdict for offence against section 236G.................... 242\n236M Alternative verdict for offence against section 236H .................... 242\n236N Independent advisor accepting secret commission ..................... 242\n\nCriminal Code Act 1983 xviii\n237A Definitions .................................................................................... 243\n237B Corrupts wagering outcome of event or contingency................... 244\n237C Events and contingencies ............................................................ 244\n237D Obtaining financial advantage or causing financial\ndisadvantage ............................................................................... 244\n237E Proof of intention to obtain financial advantage or cause\nfinancial disadvantage ................................................................. 245\n237F Encouraging ................................................................................ 245\n237G Engaging in conduct that corrupts wagering outcome of event\nor contingency ............................................................................. 246\n237H Facilitating conduct that corrupts wagering outcome of event\nor contingency ............................................................................. 246\n237J Concealing conduct or agreement about conduct that corrupts\nwagering outcome of event or contingency ................................. 247\n237K Use of corrupt conduct information for wagering ......................... 247\n237L Use of inside information for wagering ........................................ 248\n237M Alternative verdict ........................................................................ 249\n238 Definitions .................................................................................... 249\n239 Person to whom property belongs ............................................... 250\n240 Causing damage or other result .................................................. 251\n241 Damage to property ..................................................................... 251\n241A Ram-raid ...................................................................................... 252\n242 Sabotage ..................................................................................... 253\n243 Arson ........................................................................................... 255\n244 Bushfires...................................................................................... 256\n245 Leaving explosive substance at a place ...................................... 257\n246 Endangering operation of aircraft ................................................ 258\n247 Obstructing runways .................................................................... 258\nSubdivision 3 Circumstances in which there is no criminal\n248 Consent ....................................................................................... 259\n249 Claim of right ............................................................................... 259\n\nCriminal Code Act 1983 xix\n250 Definitions .................................................................................... 260\n251 Meaning of false document.......................................................... 260\n252 Inducing acceptance that document genuine .............................. 261\n253 Forgery ........................................................................................ 261\n254 Using false document .................................................................. 261\n255 Possess false document .............................................................. 262\n256 Making or adapting instrument or material for forgery ................. 263\n257 Possessing instrument or material for forgery ............................. 263\n276 Interpretation ............................................................................... 264\n276A Meaning of access to data, modification of data and\nimpairment of electronic communication ..................................... 265\n276B Unlawful access to data ............................................................... 266\n276C Unlawful modification of data ....................................................... 267\n276D Unlawful impairment of electronic communication ....................... 267\n276E Unlawful use of access time ........................................................ 267\n276F Territorial nexus for offences ....................................................... 267\nDivision 2 Unlawfully obtaining confidential information\n276G Unlawfully obtaining confidential information ............................... 268\n276H Publishing material about offending conduct ............................... 268\nPart VIII Attempts and preparation to commit\noffences: conspiracy: accessories after the\nfact\n277 Attempts to commit offences ....................................................... 270\n278 Punishment of attempts to commit offences ................................ 270\n280 Attempts to procure commission of criminal offences.................. 270\n281 Preparation to commit indictable offence with explosives, &c...... 271\n282 Conspiracy to commit indictable offence ..................................... 271\n\nCriminal Code Act 1983 xx\n283 Conspiracy to commit summary offence ...................................... 271\n284 Conspiracy to deceive or defraud ................................................ 272\n285 Conspiracy to lay false charge..................................................... 272\n286 Conspiracy to pervert justice ....................................................... 272\n288 Conspiracy to carry out seditious enterprise ................................ 272\n289 Other conspiracies....................................................................... 272\n290 Industrial disputes........................................................................ 273\n291 Conspiracy by husband and wife ................................................. 273\n292 Position of other conspirators no defence ................................... 273\n293 Conspiracy to commit more than one offence ............................. 273\n294 Punishment of accessories after the fact ..................................... 274\nDivision 1 Preliminary proceedings: change of place of\ntrial: no true bill\n295 Jurisdiction................................................................................... 274\n297 Change of place of trial ................................................................ 274\n297A No true bill ................................................................................... 275\n298 Nature of indictments................................................................... 275\n299 Altering charges after committal .................................................. 275\n300 Ex officio information ................................................................... 276\n301 Arrest of person charged in ex officio information........................ 276\n302 Nolle prosequi.............................................................................. 276\n303 General rule as to indictments ..................................................... 276\n304 Commencement of indictment ..................................................... 276\n305 Form of indictment ....................................................................... 276\n306 Description of property ................................................................ 277\n307 Description of persons ................................................................. 277\n308 Circumstances in which more than one person may be\ncharged in the same indictment ................................................... 277\n309 Circumstances in which more than one charge may be joined\nagainst the one person ................................................................ 278\n310 Circumstances where more than one offence may be charged\nas one offence ............................................................................. 278\n311 Formal defect............................................................................... 278\n312 Order for amendment of indictment ............................................. 279\n313 Particulars .................................................................................... 279\n314 Application to complaints if charge heard and determined\nsummarily .................................................................................... 279\n315 Offences involving circumstances of aggravation ........................ 279\n316 Indictment containing count of murder or manslaughter .............. 280\n\nCriminal Code Act 1983 xxi\n317 Charge of homicide of child ......................................................... 280\n318 Charge of offence against the person where section 31 or\nintoxication is a defence .............................................................. 280\n320 Charge of causing event, &c........................................................ 280\n321 Charge of property offence .......................................................... 281\n322 Charge of theft and criminal deception ........................................ 281\n323 Charge of theft or receiving ......................................................... 281\n324 Charge of counselling or procuring commission of an offence .... 281\n325 Finding of guilt for attempt to commit offence, &c. ....................... 281\n326 When evidence shows offence of similar nature.......................... 282\n327 Charge of corrupt practices at elections ...................................... 283\n328 Charge of theft of animal ............................................................. 283\n329 Charge of joint receiving .............................................................. 283\n330 Court to determine availability of alternative charge .................... 283\nDivision 4 Alibi, expert evidence, trial adjournment, pleas\nand practice\n331 Notice of alibi ............................................................................... 283\n331A Notice of expert evidence ............................................................ 284\n331B Examination if expert psychiatric or medical evidence to be\nadduced ....................................................................................... 286\n332 Right to be tried ........................................................................... 286\n333 Accelerating trial of persons not under committal ........................ 287\n334 Adjournment of trial ..................................................................... 287\n335 Enlargement of notices to witnesses ........................................... 288\n336 Accused person to be called upon to plead to indictment ............ 288\n337 Presence in court and plea where accused is a corporation ....... 288\n338 Delivery of copy of indictment ...................................................... 289\n339 Motion to quash indictment .......................................................... 290\n340 Misnomer ..................................................................................... 290\n341 Separate trials where 2 or more charges against the same\nperson ......................................................................................... 290\n341A Presumption of joint trial of sexual offences ................................ 291\n341B Presumption of joint trial of domestic violence offences .............. 291\n342 Pleas ........................................................................................... 291\n343 Defence of truth of defamatory matter to be specially pleaded .... 292\n344 Persons committed for sentence ................................................. 292\n345 Standing mute ............................................................................. 293\n346 Plea of autrefois convict, &c. ....................................................... 293\n347 Trial on plea of autrefois convict, &c., royal pardon or to the\njurisdiction.................................................................................... 293\n348 Trial by jury .................................................................................. 293\n348A Procedure where accused pleads not guilty and crown\nadduces no evidence ................................................................... 293\n349 Demurrer ..................................................................................... 294\n350 Separate trials ............................................................................. 294\n351 Juries ........................................................................................... 294\n\nCriminal Code Act 1983 xxii\n351A Details of jury panel to be given to accused ................................ 295\n352 Accused person to be informed of his right of challenge ............. 295\n353 Challenge to array ....................................................................... 295\n354 Challenges to individual jurors for cause ..................................... 295\n355 Time for challenging .................................................................... 295\n356 Ascertainment of facts as to challenge ........................................ 296\n358 Jurors to take oath and be informed of charge ............................ 296\n359 Discharge of juror by court........................................................... 296\n360 Defence by accused person ........................................................ 296\n361 Presence of accused ................................................................... 296\n362 Evidence in defence .................................................................... 297\n363 Speeches and their order ............................................................ 297\n364 Summing up ................................................................................ 298\n365 Jury not to separate ..................................................................... 298\n366 Confinement of jury ..................................................................... 299\n367 View ............................................................................................. 299\n368 Majority verdict ............................................................................ 299\n369 Special verdict ............................................................................. 300\n370 General verdict on charge of defamation ..................................... 300\n371 Discharge of jury.......................................................................... 300\n372 Incapacity of Judge...................................................................... 300\n373 Incapacity of juror ........................................................................ 301\n374 Verdict on Sunday ....................................................................... 302\n375 Further pleas ............................................................................... 302\n376 Evidence on trials for perjury ....................................................... 302\n378 Evidence of authority ................................................................... 302\n379 Admissions .................................................................................. 302\n380 Failure to make admission may, in certain circumstances, be\ntaken into account when passing sentence ................................. 303\n381 Discharge of persons acquitted ................................................... 303\n383 Acquittal on ground of intoxication ............................................... 303\n384 Finding of guilt of property offence with respect to some only\nof property in indictment .............................................................. 304\n385 Finding of guilt of theft or receiving .............................................. 304\n387 Arrest of judgment ....................................................................... 304\nDivision 7 Hearing summarily-triable offence with\nindictable offence\n388 Definition...................................................................................... 304\n389 Supreme Court may hear and determine summarily-triable\noffence with indictable offence..................................................... 305\n390 Transmission of charge of summarily-triable offence .................. 305\n\nCriminal Code Act 1983 xxiii\n391 Remission of charge to Local Court............................................. 306\nPart X Punishment: appeal: miscellaneous\n406 Interpretation ............................................................................... 307\n407 Court of Criminal Appeal ............................................................. 308\n408 Reservation of points of law......................................................... 308\n409 Appeal from arrest of judgment ................................................... 309\n410 Right of appeal ............................................................................ 309\n411 Determination of appeal in ordinary cases .................................. 309\n412 Powers of Court in special cases................................................. 310\n412A Powers of Court in relation to mental impairment ........................ 310\n413 Power to grant new trial ............................................................... 311\n414 Appeal and reference by Crown Law Officer ............................... 311\n415 Revesting and restitution of property on finding of guilt ............... 312\n416 Suspension of order with respect to driver's licence .................... 313\n417 Time for appealing ....................................................................... 313\n418 Judge's report may be furnished on appeal ................................. 313\n419 Supplemental powers .................................................................. 313\n420 Presence of appellant .................................................................. 314\n421 Presence of respondent who is in custody when appeal\nbrought by Crown Law Officer ..................................................... 314\n422 Appellant or respondent may be sentenced in his absence ........ 315\n423 Written argument ......................................................................... 315\n424 Costs of appeal............................................................................ 315\n425 Admission of appellant to bail and custody when attending\nCourt ............................................................................................ 315\n426 Duties of Registrar ....................................................................... 316\n427 Documents, exhibits, &c. ............................................................. 317\n428 Record of trial .............................................................................. 317\n429 Powers exercisable by a Judge ................................................... 317\n430 Appeals from the decision of the Court ........................................ 318\n431 Pardoning power preserved......................................................... 318\n432 Conditional remission of sentence by Administrator .................... 319\n433 Effect of pardon ........................................................................... 319\n433A Reference by Attorney-General of certain findings of guilt .......... 319\n435 Court may direct certain persons to be prosecuted for perjury .... 320\n435A Offences not to attract legal disability except under an Act ......... 321\n436 Saving of civil remedies ............................................................... 321\n437 No court fees in criminal cases .................................................... 321\n438 Copies of depositions to be allowed to persons committed for\ntrial ............................................................................................... 321\n439 Inspection of depositions at trial .................................................. 321\n\nCriminal Code Act 1983 xxiv\n440 Standard of proof ......................................................................... 322\n441 Arrest without warrant .................................................................. 322\n442 Arrest on reasonable grounds not to be taken to be unlawful ...... 323\n443 Arrest on board aircraft ................................................................ 323\nDivision 1 Criminal Code Amendment (Criminal\nResponsibility Reform) Act 2005\n444 Application of Code to pre-commencement offences .................. 324\nDivision 2 Criminal Code Amendment (Expert Evidence)\nAct 2009\n445 Application ................................................................................... 324\nDivision 3 Criminal Code Amendment (Mental\nImpairment and Unfitness for Trial) Act 2010\n446 Application to pending matters .................................................... 324\nDivision 4 Criminal Code Amendment (Female Genital\nMutilation) Act 2013\n447 Application of section 186C ......................................................... 325\nDivision 5 Criminal Code Amendment (Psychiatric or\nMedical Evidence) Act 2014\n448 Application of section 331B ......................................................... 325\nDivision 6 Criminal Code Amendment (Hit and Run) Act\n449 Application of amendments ......................................................... 325\nDivision 7 Criminal Code Amendment (Child Abuse\nMaterial) Act 2014\n450 Application of section 125B ......................................................... 326\nDivision 8 Justice and Other Legislation Amendment\n451 Application of section 389 ............................................................ 326\n\nCriminal Code Act 1983 xxv\nDivision 9 Criminal Code Amendment (Presumption of\nJoint Trials) Act 2014\n452 Application of presumption .......................................................... 326\nDivision 10 Criminal Code Amendment (Remission for\nResentencing) Act 2015\n453 Application of section 411(4) ....................................................... 327\nDivision 11 Statute Law Amendment (Directors' Liability)\nAct 2015\n454 Offences – before and after commencement............................... 327\nDivision 12 Independent Commissioner Against\nCorruption (Consequential and Related\nAmendments) Act 2018\n455 Definitions .................................................................................... 328\n456 Application of sections 76 to 78, 80 and 81 as inserted by\namending Act............................................................................... 328\n457 Application of section 79 as inserted by amending Act................ 328\n458 Definitions .................................................................................... 328\n459 Application of section 189A ......................................................... 329\n460 Application of section 316 ............................................................ 329\n461 Pre-Code offences....................................................................... 329\nDivision 15 Criminal Code Amendment Act 2021\n462 Application of section 43BGA ...................................................... 330\nDivision 16 Criminal Justice Legislation Amendment Act\n463 Application of section 189A ......................................................... 330\nDivision 17 Criminal Code Amendment (Property\nOffences) Act 2022\n464 Application of repealed provisions ............................................... 331\n\nCriminal Code Act 1983 xxvi\nDivision 18 Criminal Code Amendment (Age of Criminal\nResponsibility) Act 2022\n465 Definitions .................................................................................... 331\n466 Application of sections 38 and 43AP ........................................... 332\n467 Cessation of proceedings ............................................................ 333\n468 Release of child ........................................................................... 333\n469 Expungement of charge or conviction ......................................... 333\n470 No entitlement to compensation or damages .............................. 335\n471 Prior lawful acts not affected........................................................ 336\n472 Application of sections 38A and 43AQ ........................................ 336\n474 Immunity from civil and criminal liability ....................................... 336\nDivision 19 Criminal Justice Legislation Amendment\n(Sexual Offences) Act 2023\n475 Offences – before and after commencement............................... 336\nDivision 20 Justice Legislation Amendment (Domestic\nand Family Violence) Act 2023\n476 Definitions .................................................................................... 337\n477 Application of amendment to section 188 .................................... 337\n478 Application of presumption .......................................................... 338\n479 Definition...................................................................................... 338\n480 Application of sections 38 and 43AP ........................................... 338\n481 Application of sections 38A and 43AQ ........................................ 338\nSchedule 1 Provisions of Code to which Part IIAA\napplies\n\n____________________\nAs in force at 3 November 2025\n____________________\nCRIMINAL CODE ACT 1983\nAn Act to establish a Code of criminal law\n","sortOrder":4},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Criminal Code Act 1983.\n","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) Subject to subsection (2), this Act shall come into operation on a\ndate to be fixed by the Administrator by notice in the Gazette.\n(2) Sections 406 to and including 431 of the Code shall not come into\noperation on the date fixed under subsection (1) unless the notice\nfixing that date expressly provides that those sections shall so\ncome into operation, but the Administrator may, by a subsequent\nnotice in the Gazette, fix the date on which those sections should\ncome into operation and they shall come into operation accordingly.\n","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"3 Repeal\n(1) Each Act of the State of South Australia specified in Part 1 of\nSchedule II is, in its application to the Territory, repealed.\n(2) The Acts specified in Part 2 of Schedule II are repealed.\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act, the Code means the Code of criminal law contained in\nSchedule I.\n(2) For the purposes of the Interpretation Act 1978, the Code shall be\nconstrued as if it were a separate Act.\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of Code","content":"5 Establishment of Code\nOn and from the commencement of the respective Parts of the\nCode, those Parts shall be the law of the Territory in respect of the\nvarious matters therein dealt with.\n\nCriminal Code Act 1983 2\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Liability to trial","content":"6 Liability to trial\n(1) Subject to section 12 of the Interpretation Act 1978, no person is\nliable to be tried or punished in the Territory in respect of a matter\ndealt with in the Code except in accordance with the Code or\nanother law of the Territory.\n(2) Where an offender is punishable under the Code or another law of\nthe Territory, a person may be prosecuted and found guilty either\nunder the Code or that other law.\n","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Civil remedies","content":"7 Civil remedies\n(1) Where an act is declared by the Code to be lawful, no action shall\nbe brought in respect of that act.\n(2) Subject to subsection (1):\n(a) this Act does not affect a right of action that a person would\nhave had against another person if this Act had not been\npassed; and\n(b) no omission from the Code of a penal provision in respect of\nan act or omission that before the commencement of this Act\nconstituted an actionable wrong affects a right of action in\nrespect of that act or omission.\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Contempt of Court","content":"8 Contempt of Court\n(1) Subject to subsection (2), this Act or the Code does not affect the\nauthority of a court of record to punish a person summarily for the\noffence commonly known as Contempt of Court.\n(2) A person shall not be punished under subsection (1) and under the\nCode for the same act or omission.\n\nCriminal Code Act 1983 3\nSchedule I Criminal Code of the Northern Territory of\nAustralia\nsection 4\n","sortOrder":12},{"sectionNumber":"Div 1","sectionType":"division","heading":"Definitions: Commission of offence: division of","content":"Division 1 Definitions: Commission of offence: division of\noffences: attempts\n1 Definitions\nIn this Code:\nabnormality of mind means abnormality of mind arising from a\ncondition of arrested or retarded development of mind or inherent\ncauses or induced by disease, illness or injury.\nact, in relation to an accused person, means the deed alleged to\nhave been done by him. it is not limited to bodily movement and it\nincludes the deed of another caused, induced or adopted by him or\ndone pursuant to a common intention.\nact of piracy, for Part III, Division 6, see section 72A.\nadult means a person of or over the age of 18 years.\nagent, for Part VII, Division 5, see section 236E.\naggravated offence:\n(a) for Part VI – see section 149B; or\n(b) for Part VIA – see section 208G.\nagreement about conduct that corrupts a wagering outcome of\nan event or contingency, for Part VII, Division 5A, see\nsection 237A.\naircraft includes hovercraft.\nalters includes adds to.\napplication of force and like terms include striking, touching,\nmoving and the application of heat, light, noise, electrical or other\nenergy, gas, odour or any other substance or thing if applied to\nsuch a degree as to cause injury or personal discomfort.\n\nCriminal Code Act 1983 4\nappropriates, for Part VI, Division 5A, see section 193A(1).\nappropriation, for Part VII, Division 1, see section 212.\narticle, for Part VIA, see section 208G.\nbelongs:\n(a) in relation to property:\n(i) for Part VII, Division 1 – see section 211; or\n(ii) for Part VII, Division 2 – see section 228AC; or\n(b) for Part VII, Division 6 – see section 239.\nbenefit:\n(a) for Part IV – see section 75B; or\n(b) for Part VII, Division 5 – see section 236E.\nbirth, see section 1C.\nbuilding means any structure complete or otherwise, not being a\nflimsy or insubstantial structure by the standards of the community\nto which the owner or occupier of it belongs, that, except in the\n3 cases hereinafter mentioned, is not readily moveable and that is\nused or intended for the occupation of man or his animals or the\nstorage or shelter of his goods. it includes a caravan, ship and an\nerected tent used or intended for any such purpose.\ncause a financial disadvantage, for Part VII, Division 5A, see\nsection 237E(2).\ncauses, for Part VII, Division 6, see section 240.\ncausing a financial disadvantage, for Part VII, Division 5A, see\nsection 237D(2).\nchild means a person who is not an adult.\ncircumstance of aggravation means any circumstance by reason\nof which an offender is liable to a greater punishment than that to\nwhich he would be liable if the offence were committed without the\nexistence of that circumstance.\nclose family member, for Part VIA, Division 6, see section 208M.\ncoercion means physical or mental pressure forcing the person\nsaid to be coerced to do what he would not otherwise do.\n\nCriminal Code Act 1983 5\ncognitive impairment, for Part VIA, Division 5, see section 208L.\ncollection does not include a collection made or exhibited for the\npurpose of effecting sales or other commercial dealings.\ncommittal for trial includes committal for sentence.\nconduct, for Part IIAA and Schedule 1 provisions, has the meaning\nin section 43AD(1).\nconsent:\n(a) for Part VI, Division 7A – see section 208AA; or\n(b) for Part VIA – see section 208GA.\ncontingency, for Part VII, Division 5A, see section 237C(2).\ncorrectional services officer, see section 16 of the Correctional\nServices Act 2014.\ncorrupts a wagering outcome of an event or contingency, for\nPart VII, Division 5A, see section 237B.\ncounterfeit token means a token that is not genuine and that is\nintended to resemble or pass for a genuine token.\ncredit means credit in respect of the payment or repayment of\nmoney and also credit in respect of the delivery of goods, the\nobtaining of service, the doing of work or the performance of any\nother obligation whether legally enforceable or not.\nCrown Law Officer means the Attorney-General or the Director of\nPublic Prosecutions and includes a person authorized under a law\nof the Territory to exercise a power or perform a function in the\nname of or on behalf of a Crown Law Officer.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\ndamage, for Part VII, Division 6, see section 238.\ndamages includes destroys and, when used in relation to a\ndocument or writing, includes obliterating and rendering it illegible\neither in whole or in part.\ndeal in, for Part VII, Division 2A, see section 228A.\ndeals with, for Part VII, Division 3, see section 229.\n\nCriminal Code Act 1983 6\ndeath means:\n(a) the irreversible cessation of all function of a person's brain,\nincluding the brain stem; or\n(b) the irreversible cessation of circulation of blood in a person's\nbody.\ndeception:\n(a) except for Part VII, Division 2:\n(i) means intentional deception by word or conduct as to\nfact or law and includes a deception as to the present\nintention of the person using the deception or another\n(ii) includes an act or thing done or omitted to be done with\nthe intention of causing the following to make a response\nthat the person doing or omitting to do the act or thing is\nnot authorised to cause the computer system or machine\nto make:\n(A) a computer system;\n(B) a machine that is designed to operate by means of\npayment or identification; or\n(b) for Part VII, Division 2 – see section 228AC.\ndeclared offence means an offence against a law of the Territory\nthat, under an Act, is declared to be an offence to which Part IIAA\napplies.\ndemand with a menace, for Part VII, Division 2, see\nsection 228AF.\ndepriving, for Part VI, Division 5A, see section 193A(1).\ndishonesty, for Part IIAA and Schedule 1 provisions, has the\nmeaning in section 43AGA(1).\ndistribute, for Part VI, Division 7A, see section 208AA.\nduress means a threat to commit upon any person an offence\nagainst the person for which an offender may be sentenced to\nimprisonment for 7 years or longer.\n\nCriminal Code Act 1983 7\ndwelling-house means any building or part of a building kept by\nthe owner or occupier for his residence or the residence of his\nfamily, guests or servants; it is immaterial that from time to time it is\nuninhabited.\nelection means any election held under the authority of any statute\nproviding for the choice of persons to fill any office or place of a\npublic character.\nemergency worker, for Part VI, Division 5, see section 187(2).\nemployed in the public service includes employed in an Agency\nunder the Public Sector Employment and Management Act 1993,\nas a police officer or to execute any process of a court of justice.\nencouraging, for Part VII, Division 5A, see section 237F.\nengage in conduct, for Part IIAA and Schedule 1 provisions, has\nthe meaning in section 43AD(2).\nenters, in relation to a building, includes the entry into the building\nof any part of the body of the person said to have entered that\nbuilding or any part of an instrument used by him.\nevent:\n(a) except for Part VII, Division 5A, means the result of an act or\nomission; or.\n(b) for Part VII, Division 5A, see section 237C(1)\nevidential burden, for Part IIAA and Schedule 1 provisions, has\nthe meaning in section 43BT.\nexplosive substance includes a gaseous substance in such a\nstate of compression as to be capable of explosion.\nfalse document, for Part VII, Division 7, see section 251.\nfault element, for Part IIAA and Schedule 1 provisions, has the\nmeaning in section 43AH.\nfault element of basic intent, for Part IIAA and Schedule 1\nprovisions, means a fault element of intention for a physical\nelement that consists only of conduct.\ngain:\n(a) means:\n(i) gain of property; or\n\nCriminal Code Act 1983 8\n(ii) gain of services provided free of cost or at less than the\nusual cost; and\n(b) includes temporary gain and a gain by keeping what one has.\ngenitals, for Part VIA, see section 208G.\nharm has the meaning in section 1A.\nhave or has in possession includes having under control in any\nplace, whether for the use or benefit of the person of whom the\nterm is used or of another person, and although another person has\nthe actual possession or custody of the thing in question.\nhistorical offence, for Part VIA, see section 208G.\nidentification documentation, for Part VII, Division 2A, see\nsection 228A.\nidentification information, for Part VII, Division 2A, see\nsection 228A.\nimage, for Part VI, Division 7A, see section 208AA.\nimproper, for Part IV, see section 75C.\nindecent, for Part VIA, see section 208GB(1).\nindictable offence:\n(a) see section 3(2); or\n(b) for Part VII, Division 3 – see section 229.\nintention, for Part IIAA and Schedule 1 provisions, has the\nmeaning in section 43AI.\nintimate image, for Part VI, Division 7A, see section 208AA.\nintoxication, for Part IIAA and Schedule 1 provisions, means\nintoxication because of the influence of alcohol, a drug or any other\nsubstance.\ninvoluntary intoxication means the person concerned is under the\ninfluence of an intoxicating substance caused by the involuntary\ningestion of it, his honest and reasonable mistake as to the nature\nof it, some physical idiosyncrasy of which he was unaware or the\ncoercion, mistake or deception of another.\nJudge means a Supreme Court judge.\n\nCriminal Code Act 1983 9\njudicial proceedings means any proceedings had or taken in or\nbefore a court, tribunal or person in which evidence may be taken\non oath.\nknowingly, used in connection with any term denoting doing,\nuttering or using, implies knowledge of the character of the thing\ndone, uttered or used.\nknowledge, for Part IIAA and Schedule 1 provisions, has the\nmeaning in section 43AJ.\nlaw enforcement officer, for Part VI, see section 149B.\nlegal burden, for Part IIAA and Schedule 1 provisions, has the\nmeaning in section 43BQ.\nlocal government election means any election held under any law\nrelating to local government.\nloss means loss of property and includes a loss by not getting what\none might get as well as a loss by parting with what one has.\nmarried, for Part VIA, see section 208G.\nmedical treatment includes dental treatment and all forms of\nsurgery.\nmenace:\n(a) except for Part VII, Division 2, includes a threat of an injury,\naccusation or detriment of any kind to be caused or to be\nmade against any person either by the offender or by any\nother person if the demand is not complied with; or\n(b) for Part VII, Division 2 – see section 228AD.\nmoney includes an instrument for the payment of money that may\nbe negotiated by an ADI, coins, cheques and any other orders,\nwarrants or authorities for the payment of money.\nmortgaged goods includes any goods and chattels and any live\nanimals and their progeny and any crops or produce of the earth,\nwhether growing or severed, that are subject for the time being to\nthe provisions of any written instrument by which a valid charge or\nlien is created upon them by way of security for any debt or\nobligation.\nnegligent, for Part IIAA and Schedule 1 provisions, has the\nmeaning in section 43AL.\n\nCriminal Code Act 1983 10\nnight or night-time means the interval between 9 o'clock in the\nevening and 6 o'clock in the morning.\nobtain:\n(a) for Part IV – see section 75A; or\n(b) for Part VII, except for sections 228AE and 228AH and\nDivision 5, includes:\n(i) obtain for another person; and\n(ii) induce a third person to do something that results in\nanother person obtaining; or\n(c) for section 228AH – see section 228AE; or\n(d) for Part VII, Division 5 – see section 236F.\nobtaining a financial advantage, for Part VII, Division 5A, see\nsection 237D(1).\noffensive weapon means any article made or adapted to cause\ninjury or fear of injury to the person or by which the person having it\nintends to cause injury or fear of injury to the person.\nowner includes any part owner and any person having possession\nor control of, or any special property in, the property in question. it\nalso, as does the term person and other like terms when used with\nreference to property, includes the Sovereign and any corporation,\nlocal government council and public body constituted by or under\nany statute and any other association of persons capable of owning\npart of the body, for Part VIA, see section 208G.\npenis, for Part VIA, see section 208G.\nperson similarly circumstanced does not include a person who is\nvoluntarily intoxicated.\nphysical element, for Part IIAA and Schedule 1 provisions, has the\nmeaning in section 43AE.\npirate, for Part III, Division 6, see section 72.\nposition of authority, for Part VIA, see section 208GC.\nprincipal, for Part VII, Division 5, see section 236E.\nprisoner, see section 6 of the Correctional Services Act 2014.\n\nCriminal Code Act 1983 11\nproceeds of crime, for Part VII, Division 3, see section 229.\nproperty:\n(a) except for Part VII, Divisions 1 and 6, means every thing,\nanimate or inanimate, capable of being the subject of\nownership including:\n(i) things in action and other intangible property; and\n(ii) wild creatures that have been tamed or are ordinarily\nkept in captivity and other wild creatures or their\ncarcasses if they have been reduced into possession\nthat has not been lost or abandoned or are in the course\nof being reduced into possession; or\n(b) for Part VII, Division 1 – see section 210; or\n(c) for Part VII, Division 6 – see section 238.\nproperty damage offence, for Part VII, Division 6, see section 238.\npublic duty, for Part VII, Division 7, see section 250.\npublic officer, see section 4 of the Independent Commissioner\nAgainst Corruption Act 2017.\nPublic Sector has the same meaning as in the Public Sector\nEmployment and Management Act 1993.\nreckless, for Part IIAA and Schedule 1 provisions, has the meaning\nin section 43AK.\nriot, see section 63(4).\nriotously assembled, see section 63(4).\n","sortOrder":13},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"offence means an offence against a Schedule 1","content":"Schedule 1 offence means an offence against a Schedule 1\nprovision.\nSchedule 1 provision means a provision of this Code specified in\nSchedule 1.\nself-induced intoxication, for Part IIAA, has the meaning in\nsection 43AR.\nsenior rank, for Part VIA, see section 208G.\n\nCriminal Code Act 1983 12\nserious harm means any harm (including the cumulative effect of\nmore than one harm):\n(a) that endangers, or is likely to endanger, a person's life; or\n(b) that is or is likely to be significant and longstanding.\nservices, for Part VII, Division 1, see section 209.\nsexual intercourse, for Part VIA, see section 208G.\nsexually involved with, in relation to an animal, see\nsection 208GD.\nship means every kind of vessel used in navigation not propelled\nby oars.\nspecial liability provision means a provision providing that:\n(a) absolute liability applies to one or more (but not all) of the\nphysical elements of an offence; or\n(b) in a prosecution for an offence, it is not necessary to prove\nthat the defendant knew something; or\n(c) in a prosecution for an offence, it is not necessary to prove\nthat the defendant knew or believed something.\nstatutory instrument means subordinate legislation made\npursuant to an Act.\nsteals, for Part VI, Division 5A, see section 193A(1).\nsummary offence, see section 3.\nsupply, for Part VII, Division 1, see section 209.\ntheft, see section 217(3).\ntoken means a counter, chip or other article that may be used, in\nappropriate circumstances, in lieu of money.\ntouches, for Part VIA, see section 208GE.\ntrade secret means a secret and unique or distinctly different\nformula, process or method, whether it has been perfected or not,\nprovided it has been recorded by some means and has commercial\nvalue.\ntrial includes proceedings upon a plea of guilty.\n\nCriminal Code Act 1983 13\nuncorroborated testimony means testimony that is not\ncorroborated in some material particular by other evidence\nimplicating the accused person.\nunlawful or unlawfully means without authorization, justification or\nexcuse.\nunnecessary force means force that the user of such force knows\nis unnecessary for and disproportionate to the occasion or that an\nordinary person, similarly circumstanced to the person using such\nforce, would regard as unnecessary for and disproportionate to the\noccasion.\nutter means using or dealing with, attempting to use or deal with or\nattempting to induce any person to use, deal with or act upon, the\nthing in question.\nvaluable security means a document that is the property of any\nperson and that is evidence of the ownership of property or of the\nright to recover or receive property.\nvessel means every kind of vessel used in navigation.\nvictim, for Part VII, Division 2A, see section 228A.\nwagering, for Part VII, Division 5, see section 9 of the Racing and\nWagering Act 2024.\nwriting includes:\n(a) a seal, mark and sign that is capable of conveying meaning;\nand\n(b) data held in electronic form that is capable of being\ntransformed into a document.\nwrongful act and like terms mean an act that is wrong by the\nordinary standards of the community. a lawful act may be a\nwrongful act, but any act expressly declared to be lawful cannot be\na wrongful act.\nNote for section 1\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n1A Harm\n(1) Harm is physical harm or harm to a person's mental health, whether\ntemporary or permanent.\n\nCriminal Code Act 1983 14\n(2) Physical harm includes unconsciousness, pain, disfigurement,\ninfection with a disease and any physical contact with a person that\na person might reasonably object to in the circumstances, whether\nor not the person was aware of it at the time.\n(3) Harm to a person's mental health includes significant psychological\nharm, but does not include mere ordinary emotional reactions such\nas those of only distress, grief, fear or anger.\n(4) Harm does not include being subjected to any force or impact that\nis within the limits of what is acceptable as incidental to social\ninteraction or to life in the community.\n","sortOrder":14},{"sectionNumber":"1B","sectionType":"section","heading":"Person against whom offence may be committed","content":"1B Person against whom offence may be committed\nA person against whom an offence may be committed under this\nCode is a person who has been born and who has not already died.\n","sortOrder":15},{"sectionNumber":"1C","sectionType":"section","heading":"Birth","content":"1C Birth\n(1) A person's birth occurs at the time the person is fully removed from\nthe mother's body and has an independent existence from the\nmother.\n(2) The following are relevant, but not determinative, as to whether a\nperson has been born:\n(a) the person is breathing;\n(b) the person's organs are functioning of their own accord;\n(c) the person has an independent circulation of blood.\n2 Commission of offence\nFor the purposes of this Part, an offence is committed when a\nperson who possesses any mental element that may be prescribed\nwith respect to that offence does, makes or causes the act,\nomission or event, or the series or combination of the same,\nconstituting the offence in circumstances where the act, omission or\nevent, or each of them, if there is more than one, is not authorized\nor justified.\n3 Classification of offence\n(1) Every offence is either an indictable offence or a summary offence.\n(2) An offence is an indictable offence if:\n(a) an Act states that the offence is an indictable offence; or\n\nCriminal Code Act 1983 15\n(b) subject to subsection (3)(a), the penalty that may be imposed\non an individual for the offence includes imprisonment for a\nperiod of more than 2 years.\n(3) An offence is a summary offence if:\n(a) an Act states that:\n(i) the offence is a summary offence; or\n(ii) the offence is not an indictable offence; or\n(iii) a charge of the offence must be heard and determined\nsummarily; or\n(b) the offence is not an indictable offence.\n4 Attempts to commit offences\n(1) When a person, intending to commit an offence, begins to put his\nintention into execution by means adapted to its fulfilment and\nmanifests his intention by some overt act, but does not fulfil his\nintention to such an extent as to commit the offence, he is said to\nattempt to commit the offence.\n(2) It is immaterial, except so far as regards punishment, whether the\noffender does all that is necessary on his part for completing the\ncommission of the offence, or whether the complete fulfilment of his\nintention is prevented by circumstances independent of his will, or\nwhether he desists of his own motion from the further prosecution\nof his intention.\n(3) It is immaterial that, by reason of circumstances not known to the\noffender, it is impossible in fact to commit the offence.\n(4) The same facts may constitute one offence and an attempt to\ncommit another offence.\n5 Innocence\nEvery accused person is presumed to be innocent until the contrary\nis proved.\n\nCriminal Code Act 1983 16\n7 Intoxication\n(1) In all cases where intoxication may be regarded for the purposes of\ndetermining whether a person is guilty or not guilty of an offence:\n(a) it shall be presumed that, until the contrary is proved, the\nintoxication was voluntary; and\n(b) unless the intoxication was involuntary, it shall be presumed\nevidentially that the accused person foresaw the natural and\nprobable consequences of his conduct.\n(2) It is hereby declared that the amendment effected by subsection (1)\napplies to and in relation to all proceedings before a court in respect\nof an offence committed on or after 1 January 1984, in which the\nquestion of guilt has not been determined before that court before\nthe commencement of this Act, as if the amendment came into\noperation on 1 January 1984.\n8 Offences committed in prosecution of common purpose\n(1) When 2 or more persons form a common intention to prosecute an\nunlawful purpose in conjunction with one another and in the\nprosecution of such purpose an offence is committed by one or\nsome of them, the other or each of the others is presumed to have\naided or procured the perpetrator or perpetrators of the offence to\ncommit the offence unless he proves he did not foresee the\ncommission of that offence was a possible consequence of\nprosecuting that unlawful purpose.\n(2) Two or more persons form a common intention to prosecute an\nunlawful purpose in conjunction with one another when they agree\nto engage in or concur in engaging in any conduct that, if engaged\nin, would involve them or some or one of them in the commission of\nan offence or a tort.\n","sortOrder":16},{"sectionNumber":"9","sectionType":"section","heading":"Mode of execution different from that counselled","content":"9 Mode of execution different from that counselled\nWhen a person counsels another to commit an offence and an\noffence is committed by the person to whom the counsel is given\nand because of it, but the offence committed is different from the\none counselled or is committed in a different way from the way\ncounselled, the person giving such counsel is presumed to have\ncounselled the offence committed unless he proves the conduct\ngiving rise to the offence committed was not foreseen by him as a\npossible consequence of giving such counsel.\n\nCriminal Code Act 1983 17\n","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Death or serious harm caused in the course of violence of 2 or","content":"10 Death or serious harm caused in the course of violence of 2 or\nmore persons\nWhen a person dies or is found to be dead or to have suffered\nserious harm after 2 or more persons have used violence against\nhim or his person and it is proved that the death or serious harm\nwas caused as the result or in the course of that violence, but the\nevidence of the prosecution does not establish by whom it was\ncaused, each of them is presumed either to have caused or aided\nthe other or others to cause the death or serious harm until the\ncontrary is proved if the violence used by him was of such a nature\nthat it was likely to have caused, in the case of death, death or\nserious harm or, in the case of serious harm, serious harm.\n","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Power to impose domestic discipline","content":"11 Power to impose domestic discipline\nA person who may justifiably apply force to a child for the purposes\nof discipline, management or control may delegate that power\neither expressly or by implication to another person who has the\ncustody or control of the child either temporarily or permanently\nand, where that other person is a school teacher of the child, it shall\nbe presumed that the power has been delegated unless it is\nexpressly withheld.\n","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Abettors and accessories before the fact","content":"12 Abettors and accessories before the fact\n(1) When an offence is committed, the following persons also are\ndeemed to have taken part in committing the offence and may be\ncharged with actually committing it:\n(a) every person who aids another in committing the offence;\n(b) every person who does or omits to do any act for the purpose\nof enabling or aiding another to commit the offence; and\n(c) every person who counsels or procures another to commit the\n(2) A person who counsels or procures another to commit an offence\nmay be charged with committing the offence or counselling or\nprocuring its commission.\n(3) A finding of guilt of counselling or procuring the commission of an\noffence entails the same consequences in all respects as a finding\nof guilt of committing the offence.\n\nCriminal Code Act 1983 18\n","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Accessories after the fact","content":"13 Accessories after the fact\n(1) A person who receives or assists another who, to his knowledge,\nhas committed an offence in order to enable him to escape\nprosecution becomes an accessory after the fact to the offence.\n(2) The rule of law under which a wife cannot be an accessory after the\nfact to an offence committed by her husband is abolished.\n","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Effect of changes in law","content":"14 Effect of changes in law\n(1) A person cannot be found guilty of an offence unless the conduct\nimpugned would have constituted an offence under the law in force\nwhen it occurred; nor unless that conduct also constitutes an\noffence under the law in force when he is proceeded against for\nthat conduct.\n(2) If the law in force when the conduct impugned occurred differs from\nthat in force at the time of the finding of guilt, the offender cannot be\npunished to any greater extent than was authorized by the former\nlaw or to any greater extent than is authorized by the latter law.\n","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Application of criminal laws","content":"15 Application of criminal laws\nIf a person is guilty of the conduct proscribed by any offence it is\nimmaterial that that conduct or some part of it did not occur in the\nTerritory if that conduct affected or was intended to affect the\npeace, order or good government of the Territory.\n","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Offences counselled or procured in the Territory to be","content":"16 Offences counselled or procured in the Territory to be\ncommitted out of the Territory\n(1) Any person who, in the Territory, counsels or procures another to\ncommit, at a place not in the Territory, an offence of such a nature\nthat the conduct giving rise to it is also an offence in the Territory\nand that offence is in fact committed, is guilty of an offence of the\nsame kind and, subject to subsection (2), is liable to the same\npunishment as if he had counselled or procured that other person to\nengage in that conduct in the Territory and he had done so.\n(2) A person found guilty under subsection (1) is not liable to greater\npunishment than that to which the person who actually committed\nthe offence was liable under the law in force in the place where the\noffence was committed.\n\nCriminal Code Act 1983 19\n(3) A prosecution cannot be instituted under subsection (1) except at\nthe request of the government of the state having jurisdiction in the\nplace where the offence so counselled or procured was committed.\n","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Definitions","content":"17 Definitions\nsimilar offence means an offence in which the conduct therein\nimpugned is substantially the same as or includes the conduct\nimpugned in the offence to which it is said to be similar.\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Defence of previous finding of guilt or acquittal","content":"18 Defence of previous finding of guilt or acquittal\nSubject to sections 19 and 20, it is a defence to a charge of any\noffence to show that the accused person has already been found\nguilty or acquitted of:\n(a) the same offence;\n(b) a similar offence;\n(c) an offence of which he might be found guilty upon the trial of\nthe offence charged; or\n(d) an offence upon the trial of which he could have been found\nguilty of the offence charged.\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Limitation of defence in relation to certain offences","content":"19 Limitation of defence in relation to certain offences\nWhere the act or omission is such that it causes death or serious\nharm to another, the accused person may be found guilty of the\noffence of which he is guilty by reason of such death or serious\nharm notwithstanding that he has already been found guilty of some\nother offence constituted by the act or omission.\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Finding of guilt or acquittal of regulatory offence no defence","content":"20 Finding of guilt or acquittal of regulatory offence no defence\nSubject to section 21, a finding of guilt for or an acquittal of a\nregulatory offence shall not be a defence to a charge another\noffence that is not a regulatory offence.\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Stay of vexatious, &c., proceedings","content":"21 Stay of vexatious, &c., proceedings\nNotwithstanding anything contained in this Division, a court, in any\nproper case, may order that proceedings brought before the court\nbe stayed on the ground that they are vexatious or harassing and\nthereupon they shall be stayed.\n\nCriminal Code Act 1983 20\nDivision 1 General matters\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Exclusion of regulatory offences","content":"22 Exclusion of regulatory offences\nExcept for sections 26(1)(c) and (d) (and sections 23 and 24 to the\nextent necessary to give effect to section 26(1)(c) and (d)),\n30(3) and 38, this Part does not apply to regulatory offences.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Effect of authorization, justification or excuse","content":"23 Effect of authorization, justification or excuse\nA person is not guilty of an offence if any act, omission or event\nconstituting that offence done, made or caused by him was\nauthorized, justified or excused.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Authorization, justification or excuse of event","content":"24 Authorization, justification or excuse of event\nAny event resulting from an act or omission that was authorized,\njustified or excused is, accordingly, authorized, justified or excused.\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Lawful act, &c., to be authorized or justified and authorized or","content":"25 Lawful act, &c., to be authorized or justified and authorized or\njustified act to be lawful\nAn act, omission or event expressly declared to be lawful is either\nauthorized or justified and an act, omission or event expressly\ndeclared to be authorized or justified is lawful.\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Execution of law, &c.","content":"26 Execution of law, &c.\n(1) An act, omission or event is authorized if it is done, made or\ncaused:\n(a) in the exercise of a right granted or recognized by law;\n(b) in execution of the law or in obedience to, or in conformity\nwith, the law;\n(c) in obedience to the order of a competent authority whom the\nperson doing, making or causing it is bound by law to obey,\nunless the order is manifestly unlawful; or\n(d) subject to subsection (3), pursuant to authority, permission or\nlicence lawfully granted.\n(2) Whether an order is or is not manifestly unlawful is a question of\nlaw.\n\nCriminal Code Act 1983 21\n(3) A person cannot authorize or permit another to kill him or, except in\nthe case of medical treatment, to cause him serious harm.\n","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Circumstances in which force not being such force as is likely","content":"27 Circumstances in which force not being such force as is likely\nto cause death or serious harm is justified\nIn the circumstances following, the application of force is justified\nprovided it is not unnecessary force and it is not intended and is not\nsuch as is likely to cause death or serious harm:\n(a) to lawfully execute any sentence, process or warrant or make\nany arrest;\n(b) to prevent a person who is being or who has been lawfully\narrested from escaping or from being rescued;\n(c) to prevent the continuance of a breach of the peace or a\nrenewal of it and to detain any person who is committing or\nabout to join in or to renew the breach of the peace for such\ntime as may be reasonably necessary in order to give him into\nthe custody of a police officer;\n(d) to suppress a riot;\n(e) to prevent the commission of an offence;\n(k) in the case of a person who is entitled by law to the\npossession of moveable property, or a person acting by his\nauthority, and who attempts to take possession of it from a\nperson who neither claims right to it nor acts by the authority\nof a person who claims right to it and the person in possession\nresists him, to obtain possession of the property, provided he\ndoes not intentionally do him harm;\n(p) in the case of a parent or guardian of a child, or a person in\nthe place of such parent or guardian, to discipline, manage or\ncontrol such child;\n(pa) to prevent a person reasonably believed to be attempting to,\nor about to, kill himself, from killing himself;\n(q) in the case of the person in command of a ship on a voyage or\nan aircraft on a flight, or a person acting by his authority, to\nmaintain good order and discipline on board the ship or\naircraft;\n(r) to assist a person to do any of the things aforesaid.\n\nCriminal Code Act 1983 22\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Circumstances in which force causing death or serious harm","content":"28 Circumstances in which force causing death or serious harm\nis justified\nIn the circumstances following, the application of force that will or is\nlikely to kill or cause serious harm is justified provided it is not\nunnecessary force:\n(a) in the case of a police officer when lawfully attempting to\narrest or to assist with the arrest of a person whom he\nreasonably believes to be a person who:\n(i) unless arrested, may commit an offence punishable with\nimprisonment for life;\n(ii) has taken flight to avoid arrest; and\n(iv) the person has been called upon by the police officer or\nanother police officer to surrender and has been allowed\na reasonable opportunity to do so;\n(b) in the case of a police officer when attempting to prevent the\nescape or the rescue of a person from lawful custody whom\nhe reasonably believes to be a person who, unless kept in\nlawful custody, may commit an offence punishable with\nimprisonment for life and provided the police officer first calls\nupon the person attempting to escape or to rescue to\nsurrender or to desist and allows him a reasonable opportunity\nto do so;\n(c) in the case of a correctional officer (as defined in section 4 of\nthe Correctional Services Act 2014) when attempting to\nprevent the escape or the rescue of a person from lawful\ncustody and provided the officer first calls upon the person\nattempting to escape or to rescue to surrender or to desist and\nallows him a reasonable opportunity to do so;\n(d) in the case of a police officer when attempting to suppress a\nriot if all of the following apply:\n(i) the officer has orally ordered the immediate dispersal of\npersons who are riotously assembled (the rioters) or\nhas attempted to give that order;\n(ii) the officer believes on reasonable grounds that, because\nof the rioters' conduct:\n(A) someone other than a rioter is in danger of death or\nserious harm; or\n\nCriminal Code Act 1983 23\n(B) an offence in relation to property punishable with\nimprisonment for life is being committed;\n(iii) if it is practicable to do so – the officer attempts to stop\nthe conduct and gives the rioters a reasonable\nopportunity to stop the conduct;\n(e) in the case of a police officer, or a person acting by his\nauthority, when attempting to prevent a person committing or\ncontinuing the commission of an offence of such a nature as\nto cause the person using the force reasonable apprehension\nthat death or serious harm to another will result;\n(g) in the case of a person in command of a ship or an aircraft, or\na person acting by his authority or any person on board such\nship or aircraft, when attempting to prevent a person\ncommitting or continuing the commission of an offence of such\na nature as to cause the person using the force reasonable\napprehension that death or serious harm will result.\n","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Defensive conduct justified","content":"29 Defensive conduct justified\n(1) Defensive conduct is justified and a person who does, makes or\ncauses an act, omission or event by engaging in defensive conduct\nis not criminally responsible for the act, omission or event.\n(2) A person engages in defensive conduct only if:\n(a) the person believes that the conduct is necessary:\n(i) to defend himself or herself or another person;\n(ii) to prevent or terminate the unlawful deprivation of his or\nher or another person's personal liberty;\n(iii) to protect property in the person's possession or control\nfrom unlawful appropriation, destruction, damage or\ninterference;\n(iv) to prevent trespass to land or premises occupied by or in\nthe control of the person;\n(v) to remove a trespasser from land or premises occupied\nby or in the control of the person; or\n(vi) to assist a person in possession or control of property to\nprotect that property or to assist a person occupying or\nin control of land or premises to prevent trespass to or\nremove a trespasser from that land or premises; and\n\nCriminal Code Act 1983 24\n(b) the conduct is a reasonable response in the circumstances as\nthe person reasonably perceives them.\n(3) A person does not engage in defensive conduct if the conduct\ninvolves the use of force intended to cause death or serious harm:\n(a) to protect property; or\n(b) to prevent trespass or remove a trespasser.\n(4) For the purposes of subsections (2) and (3), a person trespasses if\nhe or she enters or remains on land or premises:\n(a) with intent to commit an offence; or\n(b) in circumstances where the entry on to or remaining on the\nland or premises constitutes an offence.\n(5) A person does not engage in defensive conduct if:\n(a) he or she is responding to the lawful conduct of another\n(b) he or she knows that the other person's conduct is lawful.\n(6) Nothing in subsection (5) is to be taken to prevent a person from\nengaging in defensive conduct in circumstances where the other\nperson's conduct is lawful merely because he or she would be\nexcused from criminal responsibility for that conduct.\n(7) Sections 31 and 32 do not apply in relation to defensive conduct.\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Ignorance of law: bona fide claim of right, &c.","content":"30 Ignorance of law: bona fide claim of right, &c.\n(1) Subject to subsections (2) and (3), ignorance of the law does not\nafford an excuse unless knowledge of the law by the offender is\nexpressly declared to be an element of the offence.\n(2) A person is excused from criminal responsibility for an act or\nomission done or made with respect to, or for an event caused to,\nproperty in the exercise of an honest claim of right and without\nintention to defraud.\n(3) A person is excused from criminal responsibility for an act, omission\nor event done, made or caused in contravention of a statutory\ninstrument if, at the time of doing, making or causing it, the statutory\ninstrument was not known to him and had not been published or\notherwise reasonably made available or known to the public or\n\nCriminal Code Act 1983 25\nthose persons likely to be affected by it.\n(4) For the purposes of subsection (3), published means published in\nthe Gazette or notified in the Gazette as having been made.\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Unwilled act etc. and accident","content":"31 Unwilled act etc. and accident\n(1) A person is excused from criminal responsibility for an act, omission\nor event unless it was intended or foreseen by him as a possible\nconsequence of his conduct.\n(2) A person who does not intend a particular act, omission or event,\nbut foresees it as a possible consequence of his conduct, and that\nparticular act, omission or event occurs, is excused from criminal\nresponsibility for it if, in all the circumstances, including the chance\nof it occurring and its nature, an ordinary person similarly\ncircumstanced and having such foresight would have proceeded\nwith that conduct.\n(3) This section does not apply to an offence against section 155.\n","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Mistake of fact","content":"32 Mistake of fact\nA person who does, makes or causes an act, omission or event\nunder an honest and reasonable, but mistaken, belief in the\nexistence of any state of things is not criminally responsible for it to\nany greater extent than if the real state of things had been such as\nhe believed to exist.\n","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Sudden and extraordinary emergency","content":"33 Sudden and extraordinary emergency\nSubject to the express provisions of this Code relating to self-\ndefence and duress, a person is excused from criminal\nresponsibility for an act or omission done or made under such\ncircumstances of sudden and extraordinary emergency that an\nordinary person similarly circumstanced would have acted in the\nsame or a similar way; and he is excused from criminal\nresponsibility for an event resulting from such act or omission.\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Age of criminal responsibility","content":"38 Age of criminal responsibility\nA child under 10 years of age is not criminally responsible for an\n","sortOrder":42},{"sectionNumber":"38A","sectionType":"section","heading":"Child 10 years of age or older but under 14 years of age","content":"38A Child 10 years of age or older but under 14 years of age\n(1) A child 10 years of age or older but under 14 years of age can only\nbe criminally responsible for an offence if the child knows that the\nchild's conduct is wrong.\n\nCriminal Code Act 1983 26\n(2) The question whether a child knows that the child's conduct is\nwrong is one of fact.\n(3) The burden of proving that a child knows that the child's conduct is\nwrong is on the prosecution.\nNote for section 38A\nThis section and section 43AQ are the same and intended to cover both acts and\nomissions.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Judicial officers","content":"39 Judicial officers\nExcept as expressly provided by this Code, a judicial officer is\nexcused from criminal responsibility for anything done or omitted to\nbe done by him in the exercise of his judicial functions although the\nact done is in excess of his judicial authority or although he is\nbound to do the act omitted to be done.\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Duress","content":"40 Duress\n(1) A person is excused from criminal responsibility for an act, omission\nor event if it was done, made or caused because of duress\nprovided:\n(a) he believed the person making the threat was in a position to\nexecute the threat;\n(b) he believed there was no other way he could ensure the threat\nwas not executed;\n(c) an ordinary person similarly circumstanced would have acted\nin the same or a similar way; and\n(d) he reported the threat to a police officer as soon as was\nreasonably practicable, unless the nature of the threat was\nsuch that an ordinary person similarly circumstanced would\nnot have reported that threat.\n(2) The excuse referred to in subsection (1) does not extend to an act,\nomission or event that would constitute an offence of which serious\nharm or an intention to cause such harm is an element; nor to a\nperson who has rendered himself liable to have such a threat made\nto him by having entered into an association or conspiracy that has\nas any of its objects the doing of a wrongful act.\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Damage to property","content":"43 Damage to property\nA person is excused from criminal responsibility for damage caused\nto property by the use of such force as was reasonably necessary\nfor the purpose of defending or protecting himself, or any other\n\nCriminal Code Act 1983 27\nperson, or any property, from injury that he believed, on reasonable\ngrounds, was imminent, provided an ordinary person similarly\ncircumstanced would have acted in the same or a similar way.\nPart IIAA Criminal responsibility for Schedule 1 offences\nand declared offences\n43AA Application of Part\n(1) This Part applies only in relation to Schedule 1 offences, and\ndeclared offences, committed on or after the commencement of\nthe Part.\n(2) The following provisions of Part I do not apply in relation to\nSchedule 1 offences, or declared offences, committed on or after\nthe commencement of this Part:\n(a) section 1 (Definitions), definitions of act, duress, knowingly\nand involuntary intoxication;\n(b) section 2 (Commission of offence);\n(d) section 4 (Attempts to commit offences);\n(e) section 7 (Intoxication);\n(f) section 8 (Offences committed in prosecution of common\npurpose);\n(g) section 9 (Mode of execution different from that counselled);\n(ga) section 10 (Death or serious harm caused in the course of\nviolence of 2 or more persons);\n(h) section 12 (Abettors and accessories before the fact);\n(i) section 15 (Application of criminal laws);\n(j) section 16 (Offences counselled or procured in the Territory to\nbe committed out of the Territory).\n(3) The following provisions of this Code do not apply in relation to\nSchedule 1 offences, or declared offences, committed on or after\nthe commencement of this Part:\n(a) Part II (Criminal Responsibility);\n\nCriminal Code Act 1983 28\n(b) section 277 (Attempts to commit offences);\n(c) section 278 (Punishment of attempts to commit offences);\n(d) section 280 (Attempts to procure commission of criminal\noffences);\n(e) section 282 (Conspiracy to commit indictable offence).\nNote for section 43AA\nA term defined in this Part has the meaning given to it for the purposes of this\nPart and the Schedule 1 provisions. For example, the meaning given to the term\nconduct in section 43AD(1) applies for the purposes of the partial defence of\nprovocation to a charge of murder (a Schedule 1 offence) – see the signpost\ndefinition of the term in section 1.\n43AB Elements\n(1) An offence consists of physical elements and fault elements.\n(2) However, the law that creates the offence may provide that there is\nno fault element for one or more physical elements.\n(3) The law that creates the offence may provide different fault\nelements for different physical elements.\n43AC Establishing guilt of offences\nA person must not be found guilty of committing an offence unless\nthe following is proved:\n(a) the existence of the physical elements of the offence that are,\nunder the law creating the offence, relevant to establishing\nguilt;\n(b) for each of the physical elements for which a fault element is\nrequired, one of the fault elements for the physical element.\n43ACA Law including separate statement about fault elements\n(1) This section applies to a provision of a law that:\n(a) creates an offence; and\n(b) includes a separate statement:\n(i) specifying the fault elements of the offence; or\n\nCriminal Code Act 1983 29\n(ii) classifying the offence as one of strict liability or absolute\nliability (and thus excluding fault elements).\nExample\nSee the statement under the heading \"Fault elements\" in section 174FA(1).\n(2) Part IIAA applies to the offence.\nNote\nPart IIAA states the general principles of criminal responsibility, establishes\ngeneral defences, and deals with burden of proof. It also defines, or elaborates\non, certain concepts commonly used in the creation of offences (for example, see\nthe extended meaning given to the concept of recklessness in section 43AK(4)).\n(3) If the statement identifies certain elements as the fault elements of\nthe offence:\n(a) the fault elements so identified are the only fault elements of\n(b) the statement operates to the exclusion of fault elements that\nmight otherwise be implied under provisions of this Code.\nNote\nAccordingly fault elements that might otherwise be implied under section 43AM\nare excluded by the statement.\n(4) If the statement classifies the offence as one of strict liability,\nsection 43AN(1) applies to the offence.\n(5) If the statement classifies the offence as one of absolute liability,\nsection 43AO(1) applies to the offence.\n43AD Conduct and engaging in conduct\n(1) Conduct is an act, an omission to perform an act or a state of\naffairs.\n(2) Engage in conduct is to:\n(a) perform an act; or\n(b) omit to perform an act.\n43AE Physical elements\nA physical element of an offence may be:\n(a) conduct; or\n\nCriminal Code Act 1983 30\n(b) a result of conduct; or\n(c) a circumstance in which conduct, or a result of conduct,\nhappens.\n43AF Voluntariness\n(1) Conduct can only be a physical element if it is voluntary.\n(2) Conduct is only voluntary if it is a product of the will of the person\nwhose conduct it is.\nExamples of conduct that is not voluntary\n1 A spasm, convulsion or other unwilled bodily movement.\n2 An act performed during sleep or unconsciousness.\n3 An act performed during impaired consciousness depriving the person of the\nwill to act.\n(3) An omission to perform an act is only voluntary if the act omitted is\nan act the person can perform.\n(4) If the conduct constituting an offence consists only of a state of\naffairs, the state of affairs is only voluntary if it is one over which the\nperson is capable of exercising control.\n(5) Evidence of self-induced intoxication cannot be considered in\ndetermining whether conduct is voluntary.\n43AG Omissions\n(1) An omission to perform an act can only be a physical element if the\nlaw creating the offence:\n(a) makes it a physical element; or\n(b) impliedly provides that the offence is committed by an\nomission to perform an act that, by law, there is a duty to\nperform.\n(2) However, an omission to perform an act can be a physical element\nof an offence against a Schedule 1 provision if it is a person's\nomission to perform any of the duties referred to in Part VI,\nDivision 1.\n\nCriminal Code Act 1983 31\n(3) The fault element for an omission to perform an act referred to in\nsubsection (2) that causes, or that gives rise to danger of, death or\nharm is, if not otherwise specified in the Schedule 1 provision, the\nsame as the fault element for the result of the omission.\nNote for section 43AG(3)\nIn the absence of subsection (3), the fault element for the conduct consisting of\nan omission to perform an act would be intention under the default provision in\nsection 43AM(1). Generally in relation to Schedule 1 offences, the fault element\nfor acts that cause etc. death or harm is not specified but the fault element for the\nresult concerned is specified as either intention, recklessness or negligence.\n43AGA Dishonesty\n(1) Dishonesty, in relation to conduct, means dishonest according to\nthe standards of ordinary people.\n(2) Absolute liability applies to the physical element of conduct in\nsubsection (1).\n(3) In a prosecution for an offence to which this Part applies,\ndishonesty is a matter for the trier of fact.\n43AH Fault elements\n(1) A fault element for a particular physical element may be intention,\nknowledge, recklessness or negligence.\n(2) Subsection (1) does not prevent the law that creates an offence\nfrom specifying other fault elements for a physical element of the\n43AI Intention\n(1) A person has intention in relation to conduct if the person means to\nengage in that conduct.\n(2) A person has intention in relation to a result if the person means to\nbring it about or is aware that it will happen in the ordinary course of\nevents.\n(3) A person has intention in relation to a circumstance if the person\nbelieves that it exists or will exist.\n43AJ Knowledge\nA person has knowledge of a result or circumstance if the person is\naware that it exists or will exist in the ordinary course of events.\n\nCriminal Code Act 1983 32\n43AK Recklessness\n(1) A person is reckless in relation to a result if:\n(a) the person is aware of a substantial risk that the result will\nhappen; and\n(b) having regard to the circumstances known to the person, it is\nunjustifiable to take the risk.\n(2) A person is reckless in relation to a circumstance if:\n(a) the person is aware of a substantial risk that the circumstance\nexists or will exist; and\n(b) having regard to the circumstances known to the person, it is\nunjustifiable to take the risk.\n(3) The question whether taking a risk is unjustifiable is one of fact.\n(4) If recklessness is a fault element for a physical element of an\noffence, proof of intention, knowledge or recklessness satisfies the\nfault element.\n43AL Negligence\nA person is negligent in relation to a physical element of an offence\nif the person's conduct involves:\n(a) such a great falling short of the standard of care that a\nreasonable person would exercise in the circumstances; and\n(b) such a high risk that the physical element exists or will exist,\nthat the conduct merits criminal punishment for the offence.\n43AM Offences that do not provide fault elements\n(1) If a law that creates an offence does not provide a fault element for\na physical element that consists only of conduct, intention is the\nfault element for the physical element.\n(2) If a law that creates an offence does not provide a fault element for\na physical element that consists of a result or circumstance,\nrecklessness is the fault element for the physical element.\nUnder section 43AK(4), recklessness can be established by proving intention,\nknowledge or recklessness.\n\nCriminal Code Act 1983 33\n43AN Strict liability\n(1) If a law that creates an offence provides that an offence is an\noffence of strict liability:\n(a) there are no fault elements for any of the physical elements of\n(b) the defence of mistake of fact under section 43AX is available.\n(2) If a law that creates an offence provides that strict liability applies to\na particular physical element of an offence:\n(a) there are no fault elements for that physical element; and\n(b) the defence of mistake of fact under section 43AX is available\nin relation to that physical element.\n(3) The existence of strict liability does not make any other defence\n43AO Absolute liability\n(1) If a law that creates an offence provides that an offence is an\noffence of absolute liability:\n(a) there are no fault elements for any of the physical elements of\n(b) the defence of mistake of fact under section 43AX is\n(2) If a law that creates an offence provides that absolute liability\napplies to a particular physical element of an offence:\n(a) there are no fault elements for that physical element; and\n(b) the defence of mistake of fact under section 43AX is\nunavailable in relation to that physical element.\n(3) The existence of absolute liability does not make any other defence\n\nCriminal Code Act 1983 34\nDivision 3 Circumstances in which there is no criminal\nSubdivision 1 Lack of capacity of children\n43AP Age of criminal responsibility\nA child under 10 years of age is not criminally responsible for an\n43AQ Child 10 years of age or older but under 14 years of age\n(1) A child 10 years of age or older but under 14 years of age can only\nbe criminally responsible for an offence if the child knows that the\nchild's conduct is wrong.\n(2) The question whether a child knows that the child's conduct is\nwrong is one of fact.\n(3) The burden of proving that a child knows that the child's conduct is\nwrong is on the prosecution.\n43AR Self-induced intoxication\n(1) Intoxication is self-induced unless it came about:\n(a) involuntarily; or\n(b) as a result of fraud, sudden or extraordinary emergency,\naccident, reasonable mistake, duress or force; or\n(c) from the use of a drug for which a prescription is required and\nthat was used in accordance with the directions of the medical\npractitioner or dentist who prescribed it; or\n(d) from the use of a drug for which no prescription is required\nand that was used for a purpose, and in accordance with the\ndosage level, recommended by the manufacturer.\n(2) However, intoxication is self-induced if a person using a drug as\nreferred to in subsection (1)(c) or (d) knew, or had reason to\nbelieve, when the person took the drug that the drug would\nsignificantly impair the person's judgment or control.\n\nCriminal Code Act 1983 35\n43AS Intoxication – offences involving basic intent\n(1) Evidence of self-induced intoxication cannot be considered in\ndetermining whether a fault element of basic intent existed.\nA fault element of intention in relation to a result or circumstance is not a fault\nelement of basic intent.\n(2) This section does not prevent evidence of self-induced intoxication\nbeing taken into consideration in determining whether conduct was\naccidental.\n(3) This section does not prevent evidence of self-induced intoxication\nbeing taken into consideration in determining whether a person had\na mistaken belief about facts if the person had considered whether\nor not the facts existed.\n(4) A person may be regarded as having considered whether or not\nfacts existed if:\n(a) he or she had considered, on a previous occasion, whether\nthose facts existed in circumstances surrounding that\noccasion; and\n(b) he or she honestly and reasonably believed that the\ncircumstances surrounding the present occasion were the\nsame, or substantially the same, as those surrounding the\nprevious occasion.\n43AT Intoxication – negligence as fault element\n(1) If negligence is a fault element for a particular physical element of\nan offence, in determining whether that fault element existed in\nrelation to a person who is intoxicated, regard must be had to the\nstandard of a reasonable person who is not intoxicated.\n(2) However, if intoxication is not self-induced, regard must be had to\nthe standard of a reasonable person intoxicated to the same extent\nas the person concerned.\n43AU Intoxication – relevance to defences\n(1) If any part of a defence is based on actual knowledge or belief,\nevidence of intoxication may be considered in determining whether\nthat knowledge or belief existed.\n\nCriminal Code Act 1983 36\n(2) However, if:\n(a) each physical element of an offence has a fault element of\nbasic intent; and\n(b) any part of a defence is based on actual knowledge or belief,\nevidence of self-induced intoxication cannot be considered in\ndetermining whether that knowledge or belief existed.\n(3) If any part of a defence is based on reasonable belief, in\ndetermining whether that reasonable belief existed, regard must be\nhad to the standard of a reasonable person who is not intoxicated.\n(4) If a person's intoxication is not self-induced, in determining whether\nany part of a defence based on reasonable belief exists, regard\nmust be had to the standard of a reasonable person intoxicated to\nthe same extent as the person concerned.\n43AV Involuntary intoxication\nA person is not criminally responsible for an offence if the person's\nconduct constituting the offence was as a result of intoxication that\nwas not self-induced.\n43AW Mistake or ignorance of fact – fault elements other than\nnegligence\nphysical element for which there is a fault element other than\nnegligence if:\n(a) at the time of the conduct constituting the physical element,\nthe person is under a mistaken belief about, or is ignorant of,\nfacts; and\n(b) the existence of that mistaken belief or ignorance negates any\nfault element applying to that physical element.\n(2) In determining whether a person was under a mistaken belief\nabout, or was ignorant of, facts, the tribunal of fact may consider\nwhether the mistaken belief or ignorance was reasonable in the\ncircumstances.\n\nCriminal Code Act 1983 37\n43AX Mistake of fact – strict liability\nphysical element for which there is no fault element if:\n(a) at or before the time of the conduct constituting the physical\nelement, the person considered whether or not facts existed\nand was under a mistaken but reasonable belief about those\nfacts; and\n(b) had those facts existed, the conduct would not have\nconstituted an offence.\n(2) A person may be regarded as having considered whether or not\nfacts existed if:\n(a) he or she had considered, on a previous occasion, whether\nthose facts existed in the circumstances surrounding that\noccasion; and\n(b) he or she honestly and reasonably believed that the\ncircumstances surrounding the present occasion were the\nsame, or substantially the same, as those surrounding the\nprevious occasion.\nNote for section 43AX\nSection 43AO(2) prevents this section applying in situations of absolute liability.\n43AY Mistake or ignorance of law\n(1) A person can be criminally responsible for an offence even if, at the\ntime of the conduct constituting the offence, the person is mistaken\nabout, or ignorant of, the existence or content of a law that creates\n(2) However, the person is not criminally responsible for the offence if:\n(a) the law creating the offence expressly or impliedly provides\nthat a person is not criminally responsible for the offence in\nthose circumstances; or\n(b) the person's ignorance or mistake negates a fault element\napplying to a physical element of the offence.\n(3) In addition, if the law creating the offence is a statutory instrument,\nthe person is not criminally responsible for the offence if, at the time\nof the conduct constituting the offence, the statutory instrument:\n(a) was not known to the person; and\n\nCriminal Code Act 1983 38\n(b) had not been published in the Gazette or otherwise been\nmade available to persons likely to be affected by it in such a\nway that the person would have become aware of its contents\nby exercising due diligence.\n43AZ Claim of right\nphysical element relating to property if:\n(a) at the time of the conduct constituting the offence, the person\nis under a mistaken belief about a proprietary or possessory\nright; and\n(b) the existence of that right would negate a fault element for any\nphysical element of the offence.\n(2) A person is not criminally responsible for any other offence arising\nnecessarily out of the exercise of the proprietary or possessory right\nthat the person mistakenly believes to exist.\n(3) This section does not negate criminal responsibility for an offence\nrelating to the use of force against a person.\n43BA Intervening conduct or event\nA person is not criminally responsible for an offence that has a\nphysical element to which absolute liability or strict liability applies\nif:\n(a) the physical element is brought about by another person over\nwhom the person has no control or by a non-human act or\nevent over which the person has no control; and\n(b) the person could not reasonably be expected to guard against\nthe bringing about of that physical element.\n43BB Duress\ncarries out the conduct constituting the offence under duress.\n(2) A person carries out conduct under duress only if the person\nreasonably believes that:\n(a) a threat has been made that will be carried out unless an\noffence is committed; and\n\nCriminal Code Act 1983 39\n(b) there is no reasonable way that the threat can be rendered\nineffective; and\n(c) the conduct is a reasonable response to the threat.\n(3) However, the person does not carry out conduct under duress if the\nthreat is made by or on behalf of a person with whom the person is\nvoluntarily associating to carry out conduct of the kind actually\n43BC Sudden or extraordinary emergency\ncarries out the conduct constituting the offence in response to\ncircumstances of sudden or extraordinary emergency.\n(2) This section applies only if the person carrying out the conduct\nreasonably believes that:\n(a) circumstances of sudden or extraordinary emergency exist;\nand\n(b) committing the offence is the only reasonable way to deal with\nthe emergency; and\n(c) the conduct is a reasonable response to the emergency.\n43BD Self-defence\ncarries out the conduct constituting the offence in self-defence.\n(2) A person carries out conduct in self-defence only if:\n(a) the person believes the conduct is necessary:\n(i) to defend himself or herself or another person; or\n(ii) to prevent or terminate the unlawful imprisonment of\nhimself or herself or another person; or\n(iii) to protect property from unlawful appropriation,\ndestruction, damage or interference; or\n(iv) to prevent criminal trespass to any land or premises; or\n(v) to remove from any land or premises a person who is\ncommitting criminal trespass; and\n(b) the conduct is a reasonable response in the circumstances as\nhe or she perceives them.\n\nCriminal Code Act 1983 40\n(3) However, the person does not carry out conduct in self-defence if:\n(a) the person uses force that involves the intentional infliction of\ndeath or serious harm:\n(i) to protect property; or\n(ii) to prevent criminal trespass; or\n(iii) to remove a person who is committing criminal trespass;\nor\n(b) the person is responding to lawful conduct that the person\nknew was lawful.\n(4) Conduct is not lawful for subsection (3)(b) merely because the\nperson carrying it out is not criminally responsible for it.\n43BE Lawful authority\nA person is not criminally responsible for an offence if the conduct\nconstituting the offence is justified or excused by or under a law.\n43BF Attempt\n(1) A person who attempts to commit an offence is guilty of the offence\nof attempting to commit that offence and, unless otherwise\nprovided, is punishable as if the offence attempted had been\n(2) For the person to be guilty, the person's conduct must be more than\nmerely preparatory to the commission of the offence.\n(3) The question whether conduct is more than merely preparatory to\nthe commission of the offence is one of fact.\n(4) For the offence of attempting to commit an offence, intention and\nknowledge are fault elements in relation to each physical element of\nthe offence attempted.\nNote for subsection (4)\nUnder section 43AC, only one of the fault elements of intention or knowledge\nwould need to be established in relation to each physical element of the offence\nattempted.\n(5) Subsection (4) has effect subject to subsection (9).\n\nCriminal Code Act 1983 41\n(6) A person may be found guilty even if:\n(a) committing the offence attempted is impossible; or\n(b) the person actually committed the offence attempted.\n(7) A person who is found guilty of attempting to commit an offence\ncannot be subsequently charged with the completed offence.\napply to an offence apply also to the offence of attempting to\ncommit that offence.\n(9) Any special liability provisions that apply to an offence apply also to\nthe offence of attempting to commit that offence.\n(10) It is not an offence to attempt to commit an offence against\nsection 43BG, 43BGA, 43BH or 43BJ.\n43BG Complicity and common purpose\n(1) A person who aids, abets, counsels or procures the commission of\nan offence by another person is taken to have committed that\noffence and is punishable accordingly.\n(2) For the person to be guilty:\n(a) the person's conduct must have in fact aided, abetted,\ncounselled or procured the commission of the offence by the\n(b) the offence must have been committed by the other person.\n(3) For the person to be guilty, the person must have intended that:\n(a) the person's conduct would aid, abet, counsel or procure the\ncommission of any offence (including its fault elements) of the\ntype the other person committed; or\n(b) the person's conduct would aid, abet, counsel or procure the\ncommission of an offence and have been reckless about the\ncommission of the offence (including its fault elements) that\nthe other person in fact committed.\n(4) Subsection (3) has effect subject to subsection (7).\n(5) A person cannot be found guilty of aiding, abetting, counselling or\nprocuring the commission of an offence if, before the offence was\ncommitted, the person:\n(a) terminated the person's involvement; and\n\nCriminal Code Act 1983 42\n(b) took all reasonable steps to prevent the commission of the\n(6) A person may be found guilty of aiding, abetting, counselling or\nprocuring the commission of an offence even if the other offender\nhas not been prosecuted or has not been found guilty.\n(7) Any defences, procedures, limitations or qualifying provisions that\napply to an offence apply also for the purpose of determining\n(8) Any special liability provisions that apply to an offence apply also\nfor the purpose of determining whether a person commits the\noffence because of the operation of this section.\n(9) If the trier of fact is satisfied beyond reasonable doubt that a person\ncommitted an offence because of the operation of this section or\notherwise than because of the operation of this section, but is\nunable to determine which, the trier of fact may nevertheless find\nthe person guilty of the offence.\n43BGA Joint commission\n(1) A person is taken to have committed an offence if:\n(a) the person and at least one other person enter into an\nagreement to commit an offence; and\n(b) an offence is committed either:\n(i) in accordance with the agreement; or\n(ii) in the course of carrying out the agreement.\n(2) For subsection (1)(b)(i), an offence is committed in accordance\nwith the agreement if:\n(a) the conduct of one or more parties in accordance with the\nagreement makes up the physical elements consisting of\nconduct of an offence (the joint offence) of the same type as\nthe offence agreed to; and\n(b) to the extent that a physical element of the joint offence\nconsists of a result of conduct – the result arises from the\nconduct engaged in; and\n\nCriminal Code Act 1983 43\n(c) to the extent that a physical element of the joint offence\nconsists of a circumstance – the conduct engaged in, or a\nresult of the conduct engaged in, happens in the\n(3) For subsection (1)(b)(ii), an offence is committed in the course of\ncarrying out the agreement if the person is reckless about the\ncommission of an offence (the joint offence) that another person in\nfact commits in the course of carrying out the agreement.\n(4) A person commits an offence because of the operation of this\nsection only if the person and at least one other party to the\nagreement intend that an offence will be committed under the\nagreement.\n(5) An agreement:\n(a) may consist of a non-verbal understanding; and\n(b) may be entered into before, or at the same time as, the\nconduct making up any of the physical elements of the joint\noffence was engaged in.\n(6) A person cannot be found guilty of an offence because of the\noperation of this section if, before the conduct making up any of the\nphysical elements of the joint offence was engaged in, the person:\n(a) terminated the person's involvement; and\n(b) took all reasonable steps to prevent the conduct from being\nengaged in.\n(7) A person may be found guilty of an offence because of the\noperation of this section even if:\n(a) another party to the agreement is not prosecuted or found\nguilty; or\n(b) the person was not present when any of the conduct making\nup the physical elements of the joint offence was engaged in.\napply to the joint offence apply also for the purposes of determining\n(9) Any special liability provisions that apply to the joint offence apply\nalso for the purposes of determining whether a person commits the\noffence because of the operation of this section.\n\nCriminal Code Act 1983 44\n(10) If the trier of fact is satisfied beyond reasonable doubt that a person\ncommitted an offence because of the operation of this section or\notherwise than because of the operation of this section, but is\nunable to determine which, the trier of fact may nevertheless find\nthe person guilty of the offence.\n43BH Commission by proxy\n(1) A person is taken to have committed an offence if:\n(a) the person procures someone else to engage in conduct that\n(whether or not together with conduct engaged in by the\nperson) makes up the physical elements of the offence\nconsisting of conduct; and\n(b) any physical element of the offence consisting of a\ncircumstance exists; and\n(c) any physical element of the offence consisting of a result of\nthe conduct happens; and\n(d) when the person procured the other person to engage in the\nconduct, the person had the fault element applying to each\nphysical element of the offence.\n(1A) Any defences, procedures, limitations or qualifying provisions that\napply to an offence apply also for the purposes of determining\n(2) To remove any doubt, if a person is taken to have committed an\noffence because of this section, the offence is punishable as if,\napart from the operation of this section, the person had committed\n43BI Incitement\n(1) A person who urges the commission of an offence is guilty of the\noffence of incitement.\n(2) For the person to be guilty, the person must intend that the offence\nincited be committed.\n(3) Subsection (2) has effect subject to subsection (6).\n(4) A person may be found guilty even if committing the offence incited\nis impossible.\n\nCriminal Code Act 1983 45\n(5) Any defences, procedures, limitations or qualifying provisions that\napply to an offence apply also to the offence of incitement in\nrelation to that offence.\n(6) Any special liability provisions that apply to an offence apply also to\nthe offence of incitement in relation to that offence.\n(7) It is not an offence to incite the commission of an offence against\nsection 43BF, this section or section 43BJ.\n(a) if the offence incited is punishable by life imprisonment –\nimprisonment for 10 years; or\n(b) if the offence incited is punishable by imprisonment for\n14 years or more, but is not punishable by life imprisonment –\nimprisonment for 7 years; or\n(c) if the offence incited is punishable by imprisonment for\n10 years or more, but is not punishable by imprisonment for\n14 years or more – imprisonment for 5 years; or\n(d) if the offence is otherwise punishable by imprisonment –\nimprisonment for 3 years or for the maximum term of\nimprisonment for the offence incited, whichever is the lesser;\nor\n(e) if the offence incited is not punishable by imprisonment – the\nnumber of penalty units equal to the maximum number of\npenalty units applicable to the offence incited.\n43BJ Conspiracy\n(1) A person who conspires with another person to commit an offence\npunishable by imprisonment for more than 12 months, or by a fine\nof 200 penalty units or more, is guilty of the offence of conspiracy to\ncommit that offence and, unless otherwise provided, is punishable\nas if the offence to which the conspiracy relates had been\n(2) For the person to be guilty:\n(a) the person must have entered into an agreement with one or\nmore other persons; and\n(b) the person and at least one other party to the agreement must\nhave intended that an offence would be committed pursuant to\nthe agreement; and\n\nCriminal Code Act 1983 46\n(c) the person or at least one other party to the agreement must\nhave committed an overt act pursuant to the agreement.\n(3) Subsection (2) has effect subject to subsection (9).\n(4) A person may be found guilty of conspiracy to commit an offence\neven if:\n(a) committing the offence is impossible; or\n(b) the only other party to the agreement is a body corporate; or\n(c) each other party to the agreement is at least one of the\n(i) a person who is not criminally responsible;\n(ii) a person for whose benefit or protection the offence\nexists; or\n(d) subject to subsection (5)(a), all other parties to the agreement\nhave been acquitted of the conspiracy.\n(5) A person cannot be found guilty of conspiracy to commit an offence\nif:\n(a) all other parties to the agreement have been acquitted of the\nconspiracy and a finding of guilt would be inconsistent with\ntheir acquittal; or\n(b) he or she is a person for whose benefit or protection the\noffence exists.\n(6) A person cannot be found guilty of conspiracy to commit an offence\nif, before the commission of an overt act pursuant to the agreement,\nthe person:\n(a) withdrew from the agreement; and\n(b) took all reasonable steps to prevent the commission of the\n(7) A court may dismiss a charge of conspiracy if it thinks that the\ninterests of justice require it to do so.\napply to an offence apply also to the offence of conspiracy to\ncommit that offence.\n(9) Any special liability provisions that apply to an offence apply also to\nthe offence of conspiracy to commit that offence.\n\nCriminal Code Act 1983 47\n(10) Proceedings for an offence of conspiracy must not be commenced\nwithout the consent of the Director of Public Prosecutions.\n(11) However, a person may be arrested for, charged with, or remanded\nin custody or on bail in connection with, an offence of conspiracy\nbefore the necessary consent has been given.\n43BJA References in Acts to offences\n(1) A reference in an Act to an offence against an Act (including this\nCode) includes a reference to an offence against section 43BF,\n43BI or 43BJ that relates to such an offence.\n(2) A reference in an Act (including this Code) to a particular offence\nincludes a reference to an offence against section 43BF, 43BI\nor 43BJ that relates to that offence.\n(3) Subsection (1) or (2) does not apply if an Act is expressly or\nimpliedly to the contrary effect.\nNote for section 43BJA\nSections 43BG, 43BGA and 43BH operate as extensions of principal offences\nand accordingly are not mentioned in this section.\n43BK General principles\n(1) This Code applies to bodies corporate as well as individuals.\n(2) This Code applies to bodies corporate in the same way as it applies\nto individuals, but subject to the changes made by this Part and any\nother changes necessary because criminal liability is being imposed\non a body corporate rather than an individual.\n(3) A body corporate may be found guilty of any offence, including one\npunishable by imprisonment.\n43BL Physical elements\nIf a physical element of an offence is committed by an employee,\nagent or officer of a body corporate acting within the actual or\napparent scope of his or her employment, or within his or her actual\nor apparent authority, the physical element must also be attributed\nto the body corporate.\n\nCriminal Code Act 1983 48\n43BM Fault elements other than negligence\n(1) If intention, knowledge or recklessness is a fault element in relation\nto a physical element of an offence, that fault element must be\nattributed to a body corporate that expressly, tacitly or impliedly\nauthorised or permitted the commission of the offence.\n(2) The ways in which authorisation or permission may be established\ninclude:\n(a) proving that the body corporate's board of directors\nintentionally, knowingly or recklessly engaged in the relevant\nconduct, or expressly, tacitly or impliedly authorised or\npermitted the commission of the offence; and\n(b) proving that a high managerial agent of the body corporate\nintentionally, knowingly or recklessly engaged in the relevant\nconduct, or expressly, tacitly or impliedly authorised or\npermitted the commission of the offence; and\n(c) proving that a corporate culture existed within the body\ncorporate that directed, encouraged, tolerated or led to\nnon-compliance with the relevant provision; and\n(d) proving that the body corporate failed to create and maintain a\ncorporate culture that required compliance with the relevant\nprovision.\n(3) Subsection (2)(b) does not apply if the body corporate proves that it\nexercised due diligence to prevent the conduct or the authorisation\nor permission.\n(4) Factors relevant to the application of subsection (2)(c) and (d)\ninclude:\n(a) whether authority to commit an offence of the same or a\nsimilar character had been given by a high managerial agent\nof the body corporate; and\n(b) whether the employee, agent or officer of the body corporate\nwho committed the offence believed on reasonable grounds,\nor entertained a reasonable expectation, that a high\nmanagerial agent of the body corporate would have\nauthorised or permitted the commission of the offence.\n(5) If recklessness is not a fault element in relation to a physical\nelement of an offence, subsection (2) does not enable the fault\nelement to be proved by proving that the board of directors, or a\nhigh managerial agent, of the body corporate recklessly engaged in\nthe conduct or recklessly authorised or permitted the commission of\n\nCriminal Code Act 1983 49\nboard of directors means the body (by whatever name called)\nexercising the executive authority of the body corporate.\ncorporate culture, for a body corporate, means an attitude, policy,\nrule, course of conduct or practice existing within the body\ncorporate generally or in the part of the body corporate in which the\nrelevant conduct happens.\nhigh managerial agent, of a body corporate, means an employee,\nagent or officer of the body corporate with duties of such\nresponsibility that his or her conduct may fairly be assumed to\nrepresent the body corporate's policy.\n43BN Negligence\n(1) The test of negligence for a body corporate is that set out in\nsection 43AL.\n(2) Subsection (3) applies if:\n(a) negligence is a fault element in relation to a physical element\nof an offence; and\n(b) no individual employee, agent or officer of the body corporate\nhas that fault element.\n(3) The fault element of negligence may exist on the part of the body\ncorporate if its conduct is negligent when viewed as a whole (that\nis, by aggregating the conduct of any number of its employees,\nagents or officers).\n(4) Negligence may be evidenced by the fact that the prohibited\nconduct was substantially attributable to:\n(a) inadequate corporate management, control or supervision of\nthe conduct of one or more of its employees, agents or\nofficers; or\n(b) failure to provide adequate systems for conveying relevant\ninformation to relevant persons in the body corporate.\n\nCriminal Code Act 1983 50\n43BO Mistake of fact – strict liability\n(1) A body corporate can only rely on section 43AX in relation to\nconduct that would, apart from this section, constitute an offence on\nits part if:\n(a) the employee, agent or officer of the body corporate who\nengaged in the conduct was under a mistaken but reasonable\nbelief about facts that, had they existed, would have meant\nthat the conduct would not have constituted an offence; and\n(b) the body corporate proves that it exercised due diligence to\nprevent the conduct.\n(2) A failure to exercise due diligence may be evidenced by the fact\nthat the prohibited conduct was substantially attributable to:\n(a) inadequate corporate management, control or supervision of\nthe conduct of one or more of its employees, agents or\nofficers; or\n(b) failure to provide adequate systems for conveying relevant\ninformation to relevant persons in the body corporate.\n43BP Intervening conduct or event\nA body corporate cannot rely on section 43BA in relation to a\nphysical element of an offence brought about by another person if\nthe other person is an employee, agent or officer of the body\ncorporate.\n43BQ Legal burden of proof\nThe legal burden, in relation to a matter, is the burden of proving\nthe existence of the matter.\n43BR Legal burden of proof – prosecution\n(1) The prosecution bears a legal burden of proving every element of\nan offence relevant to the guilt of the person charged.\n(2) The prosecution also bears a legal burden of disproving any matter\nin relation to which the defendant has discharged an evidential\nburden of proof.\n\nCriminal Code Act 1983 51\n43BS Standard of proof – prosecution\n(1) A legal burden of proof on the prosecution must be discharged\nbeyond reasonable doubt.\n(2) Subsection (1) does not apply if a law specifies a different standard\nof proof.\n43BT Evidential burden of proof\nThe evidential burden, in relation to a matter, means the burden of\nadducing or pointing to evidence that suggests a reasonable\npossibility that the matter exists or does not exist.\n43BU Evidential burden of proof – defence\n(1) Subject to section 43BV, a burden of proof that a law imposes on a\ndefendant is an evidential burden only.\n(2) A defendant who wishes to deny criminal responsibility by relying\non a provision of Division 3 or Part IIA bears an evidential burden in\nrelation to that matter.\n(3) A defendant who wishes to rely on any exception, exemption,\nexcuse, qualification or justification provided by the law creating an\noffence (whether or not it accompanies the description of the\noffence) bears an evidential burden in relation to the matter.\n(4) The defendant no longer bears the evidential burden in relation to a\nmatter if evidence sufficient to discharge the burden is adduced by\nthe prosecution or by the court.\n(5) The question whether an evidential burden has been discharged is\na question of law.\n43BV Legal burden of proof – defence\nA burden of proof that a law imposes on the defendant is a legal\nburden only if the law expressly:\n(a) specifies that the burden of proof in relation to the matter in\nquestion is a legal burden; or\n(b) requires the defendant to prove the matter; or\n(c) creates a presumption that the matter exists unless the\ncontrary is proved.\n\nCriminal Code Act 1983 52\n43BW Standard of proof – defence\nA legal burden of proof on the defendant must be discharged on the\nbalance of probabilities.\n43BX Use of averments\nA law that allows the prosecution to make an averment does not\nallow the prosecution to aver any fault element of an offence.\n43BY Application and effect of Division\n(1) This Division extends the application of a law of the Territory that\ncreates an offence beyond the territorial limits of the Territory (and\nAustralia) if the required geographical nexus exists for the offence.\n(2) If a law that creates an offence provides for any geographical\nconsideration for an offence, the provision prevails over any\ninconsistent provision of this Division.\nExamples for subsection (2)\n1 A law creating an offence may provide that the place of commission of the\noffence is (explicitly or by necessary implication) an element of the offence.\n2 A law creating an offence may provide for its application outside the Territory\nand exclude (explicitly or by necessary implication) the requirement for a\ngeographical nexus between the Territory and an element of the offence.\n43BZ Interpretation for Division\n(1) For this Division, the required geographical nexus is the\ngeographical nexus referred to in section 43CA(2).\n(2) For this Division, the place where an offence is committed is the\nplace where any of the physical elements of the offence happen.\n(3) For this Division, the place where an offence has an effect includes:\n(a) any place whose peace, welfare or good government is\nthreatened by the offence; and\n(b) any place where the offence would have an effect (or would\ncause such a threat) if the offence were committed.\n\nCriminal Code Act 1983 53\n43CA Extension of offences if required geographical nexus exists\n(1) An offence against a law is committed if:\n(a) disregarding any geographical considerations, all elements of\nthe offence exist; and\n(b) a geographical nexus exists between the Territory and the\n(2) A geographical nexus exists between the Territory and an offence\nif:\n(a) the offence is committed completely or partly in the Territory,\nwhether or not the offence has any effect in the Territory; or\n(b) the offence is committed completely outside the Territory\n(whether or not outside Australia) but has an effect in the\n43CB Geographical application – double criminality\n(1) This Division applies to an offence committed partly in the Territory\nand partly in a place outside the Territory (whether or not outside\nAustralia), even if it is not also an offence in that place.\n(2) This Division applies to an offence committed completely outside\nthe Territory (whether or not outside Australia) only if:\n(a) it is also an offence in the place where it is committed; or\n(b) it is not also an offence in that place, but the tribunal of fact is\nsatisfied the offence is such a threat to the peace, welfare or\ngood government of the Territory that it justifies criminal\npunishment in the Territory.\n43CC Geographical application – procedure\n(1) The required geographical nexus is conclusively presumed for an\noffence unless rebutted under subsection (2) or (4).\n(2) If a person charged with an offence disputes the existence of the\nrequired geographical nexus for the offence, the following\nprovisions apply:\n(a) the court must proceed with the trial of the offence in the usual\nway;\n\nCriminal Code Act 1983 54\n(b) if, at the end of the trial, the tribunal of fact is satisfied on the\nbalance of probabilities that the required geographical nexus\ndoes not exist, it must make or return a finding to that effect,\nand the court must dismiss the charge;\n(c) however, if, disregarding any geographical considerations, the\ntribunal of fact would find the person not guilty of the offence\n(other than because of mental impairment), it must make or\nreturn a verdict of not guilty;\n(d) also, if, disregarding any geographical considerations, the\ntribunal of fact would find the person not guilty of the offence\nonly because of mental impairment, it must make or return a\nverdict that the person is not guilty of the offence because of\nmental impairment.\n(3) This section applies to any alternative verdict available by law to the\ntribunal of fact in relation to another offence with which the person\nwas not charged.\n(4) The tribunal of fact may make or return a finding of guilty in relation\nto the other offence (referred to in subsection (3)) unless satisfied\non the balance of probabilities the required geographical nexus\ndoes not exist for the other offence.\n(5) If the issue of whether the required geographical nexus exists for an\noffence is raised before the trial, the issue must be reserved for\nconsideration at the trial.\n43CD Geographical application – suspicion etc. that offence\ncommitted\n(1) This section applies if a person may exercise a power or perform a\nfunction under a law on reasonable suspicion or belief that an\noffence has been committed.\n(2) The person may exercise the power or perform the function if the\nperson suspects or believes, as the case requires, on reasonable\ngrounds that all the elements required for the offence exist.\n(3) Subsection (2) applies whether or not the person suspects or\nbelieves, or has any ground to suspect or believe, that the required\ngeographical nexus exists for the offence.\n\nCriminal Code Act 1983 55\n","sortOrder":46},{"sectionNumber":"43A","sectionType":"section","heading":"Definitions","content":"43A Definitions\nappropriate person means:\n(a) in relation to an accused person or supervised person who is\ndetained or in custody in, or receives treatment, services or\nassistance in, at or from, an approved treatment facility or an\napproved temporary treatment facility within the meaning of\nthe Mental Health and Related Services Act 1998 – the CEO\n(Health);\n(b) in relation to an accused person or supervised person who is\ndetained or in custody in, or receives treatment, services or\nassistance in, at or from, a prescribed person, organisation or\nfacility or a person, organisation or facility who or which is a\nmember of a class of prescribed persons, organisations or\nfacilities – the CEO (Health);\n(c) in relation to a person who is a represented adult as defined in\nsection 3 of the Guardianship of Adults Act 2016 – the CEO\n(Health); or\n(d) in relation to a person who is held in custody in a custodial\ncorrectional facility or is under the supervision of a probation\nand parole officer under the Parole Act 1971 – the chief\nexecutive officer of the Agency administering that Act.\nCEO (Health) means the chief executive officer of the Agency\nadministering the Medical Services Act 1982.\nchief executive officer has the same meaning as in the Public\nSector Employment and Management Act 1993.\ncommittal proceedings means proceedings to determine whether\nor not to commit a person to trial under Part V of the Local Court\n(Criminal Procedure) Act 1928.\ncourt means the Supreme Court.\ncustodial supervision order means a supervision order referred\nto in section 43ZA(1)(a).\n\nCriminal Code Act 1983 56\nexpert means a person who holds a qualification or has experience\nor expertise that is relevant to the mental impairment, condition or\ndisability of an accused person or a supervised person.\ninvestigation means an investigation into the fitness of an accused\nperson to stand trial conducted under Division 3.\nmental illness means an underlying pathological infirmity of the\nmind, whether of long or short duration and whether permanent or\ntemporary, but does not include a condition that results from the\nreaction of a healthy mind to extraordinary stimuli (although such a\ncondition may be evidence of a mental illness if it involves some\nabnormality and is prone to recur).\nmental impairment includes senility, intellectual disability, mental\nillness, brain damage and involuntary intoxication.\nnext of kin, in relation to a person, means the person's parent,\nspouse or de facto partner, sibling or child or any other person who\nis the person's primary carer.\nnon-custodial supervision order means a supervision order\nreferred to in section 43ZA(1)(b).\nspecial hearing means a hearing conducted under Division 4.\nsupervised person means a person who is the subject of a\nsupervision order.\nsupervision order means a custodial supervision order or a\nnon-custodial supervision order made by a court under Division 5.\nvictim means a person who suffered injury, loss or damage as a\ndirect result of an offence or conduct that would, but for the mental\nimpairment or unfitness to be tried of the person who carried out the\nconduct, have constituted an offence.\n","sortOrder":47},{"sectionNumber":"43B","sectionType":"section","heading":"Meaning of supervised person in Divisions 6 and 7","content":"43B Meaning of supervised person in Divisions 6 and 7\nIn Divisions 6 and 7:\nsupervised person means the person the supervision of whom is\nthe subject of a hearing referred to in those Divisions.\n\nCriminal Code Act 1983 57\n","sortOrder":48},{"sectionNumber":"43C","sectionType":"section","heading":"Defence of mental impairment","content":"43C Defence of mental impairment\n(1) The defence of mental impairment is established if the court finds\nthat a person charged with an offence was, at the time of carrying\nout the conduct constituting the offence, suffering from a mental\nimpairment and as a consequence of that impairment:\n(a) he or she did not know the nature and quality of the conduct;\n(b) he or she did not know that the conduct was wrong (that is he\nor she could not reason with a moderate degree of sense and\ncomposure about whether the conduct, as perceived by\nreasonable people, was wrong); or\n(c) he or she was not able to control his or her actions.\n(2) If the defence of mental impairment is established, the person must\nbe found not guilty because of mental impairment.\n","sortOrder":49},{"sectionNumber":"43D","sectionType":"section","heading":"Presumption of competence and burden of proof","content":"43D Presumption of competence and burden of proof\n(1) A person is presumed not to have been suffering a mental\nimpairment unless the contrary is proved.\n(2) The party raising the defence of mental impairment bears the onus\nof rebutting the presumption specified in subsection (1).\n","sortOrder":50},{"sectionNumber":"43E","sectionType":"section","heading":"Standard of proof","content":"43E Standard of proof\nThe question of whether a person was suffering from a mental\nimpairment having the effect specified in section 43C(1)(a), (b)\nor (c):\n(a) is a question of fact; and\n(b) subject to sections 43H and 43XA, is to be determined by a\njury on the balance of probabilities.\n","sortOrder":51},{"sectionNumber":"43F","sectionType":"section","heading":"Who may raise defence and when may defence be raised and","content":"43F Who may raise defence and when may defence be raised and\nconsidered?\n(1) The defence of mental impairment may be raised:\n(a) by the defence at any time during the trial;\n(b) by the court on application by the prosecution; or\n(c) by the court on its own initiative.\n\nCriminal Code Act 1983 58\n(2) If the defence of mental impairment is raised during the trial, the\nissues relating to establishing the defence are to be separately\ntried.\n(3) If the defence of mental impairment arises during a committal\nproceeding, the question is to be reserved for consideration by the\ncourt during the trial of the accused person.\n(4) A committal proceeding is not to be discontinued and the accused\nperson discharged only because the defence of mental impairment\nhas been raised during the committal proceeding.\n","sortOrder":52},{"sectionNumber":"43G","sectionType":"section","heading":"Hearing of question of mental impairment by court etc.","content":"43G Hearing of question of mental impairment by court etc.\n(1) If the defence of mental impairment is raised during the trial, the\ncourt:\n(a) must hear the evidence and representations as to the accused\nperson's mental competence produced by the parties; and\n(b) on application by the defence or the prosecution or on its own\ninitiative – may require the accused person to be examined by\na psychiatrist or other appropriate expert and the results of the\nexamination to be reported to the court.\n(2) After the evidence has concluded and the parties have addressed\nthe jury, the Judge must direct the jury to consider:\n(a) the question of mental impairment and determine whether on\nthe balance of probabilities the defence of mental impairment\nis established; and\n(b) whether the evidence establishes the elements of the offence\nthe accused person is charged with, or an offence that the\naccused person may be found alternatively guilty of, beyond\nreasonable doubt,\nand to determine whether the accused person:\n(c) is not guilty of the offence charged;\n(d) is not guilty of the offence charged because of his or her\nmental impairment; or\n(e) committed the offence charged or an offence that he or she\nmay be found alternatively guilty of.\n(3) In directing the jury, the Judge must explain to the jury the findings\nthat it may make and the consequences of the findings in law and\notherwise.\n\nCriminal Code Act 1983 59\n","sortOrder":53},{"sectionNumber":"43H","sectionType":"section","heading":"Plea of not guilty by reason of mental impairment may be","content":"43H Plea of not guilty by reason of mental impairment may be\naccepted\nIf the parties to a prosecution of an offence agree, the court may, at\nany time during the trial of the offence, accept a plea and record a\nfinding of not guilty of the offence because of mental impairment.\n","sortOrder":54},{"sectionNumber":"43I","sectionType":"section","heading":"Effect of findings under this Division","content":"43I Effect of findings under this Division\n(1) If an accused person is found not guilty of the offence charged, the\ncourt must discharge the accused person.\n(2) If an accused person is found not guilty because of mental\nimpairment, the court must:\n(3) If the court makes a declaration under subsection (2)(a), the court\nmay also make the interim orders it considers just, including one or\nmore of the following orders:\n(b) an order that the accused person be remanded in custody\ncourt considers appropriate);\n(c) an order for the examination of the accused person by a\npsychiatrist or other appropriate expert;\n(d) if the court makes an order referred to in paragraph (c) – an\norder that a report of the results of the examination be\nproduced before the court.\n(3A) The court must not make an interim order under subsection (3)(b)\nremanding the accused person in custody in a custodial\nalternative given the circumstances of the accused person.\n(4) If an accused person is found guilty of the offence charged or an\noffence that he or she may be found guilty alternatively of, the court\nmust record the jury's verdict and proceed to deal with the\nconviction and sentencing of the accused person in the normal way.\n\nCriminal Code Act 1983 60\n","sortOrder":55},{"sectionNumber":"43J","sectionType":"section","heading":"When is a person unfit to stand trial?","content":"43J When is a person unfit to stand trial?\n(1) A person charged with an offence is unfit to stand trial if the person\nis:\n(a) unable to understand the nature of the charge against him or\nher;\n(b) unable to plead to the charge and to exercise the right of\nchallenge;\n(c) unable to understand the nature of the trial (that is that a trial\nis an inquiry as to whether the person committed the offence);\n(d) unable to follow the course of the proceedings;\n(e) unable to understand the substantial effect of any evidence\nthat may be given in support of the prosecution; or\n(f) unable to give instructions to his or her legal counsel.\n(2) A person is not unfit to stand trial only because he or she suffers\nfrom memory loss.\n","sortOrder":56},{"sectionNumber":"43K","sectionType":"section","heading":"Presumption of fitness to stand trial and burden of proof","content":"43K Presumption of fitness to stand trial and burden of proof\n(1) A person is presumed to be fit to stand trial.\n(2) The presumption of fitness to stand trial is rebutted only if it is\nestablished by an investigation under this Division that the person is\nunfit to stand trial.\n(3) If the question of a person's fitness to stand trial is raised by the\nprosecution or the defence, the party raising the question bears the\nonus of rebutting the presumption of fitness.\n(4) If the question of a person's fitness to stand trial is raised by the\ncourt, the prosecution has carriage of the matter and no party bears\nthe onus of rebutting the presumption of fitness.\n","sortOrder":57},{"sectionNumber":"43L","sectionType":"section","heading":"Standard of proof","content":"43L Standard of proof\nThe question of whether a person is fit to stand trial is a question of\nfact to be determined by a jury on the balance of probabilities.\n\nCriminal Code Act 1983 61\n","sortOrder":58},{"sectionNumber":"43M","sectionType":"section","heading":"Committal proceedings","content":"43M Committal proceedings\n(1) If the question of an accused person's fitness to stand trial arises at\ncommittal proceedings:\n(a) the accused person is not to be discharged only because the\nquestion has been raised during the committal proceedings;\n(b) the committal proceedings are to be completed in accordance\nwith the Local Court (Criminal Procedure) Act 1928 (whether\nor not section 110 of that Act is complied with); and\n(c) if the accused person is committed for trial – the question is to\nbe reserved for consideration by the court during the trial of\nthe accused person.\n(2) In the event of an inconsistency between Part V of the Local Court\n(Criminal Procedure) Act 1928 and this section, this section prevails\nto the extent of the inconsistency.\n","sortOrder":59},{"sectionNumber":"43N","sectionType":"section","heading":"Institution of investigation of fitness of accused person","content":"43N Institution of investigation of fitness of accused person\n(1) The question of whether an accused person is fit to stand trial may\nbe raised in the court by the prosecution or the defence, or by the\ncourt, at any time after the presentation of the indictment.\n(2) The court must order an investigation into the fitness of the accused\nperson to stand trial if:\n(a) the question of fitness was reserved during the committal\nproceedings; or\n(b) the Judge is satisfied that there are reasonable grounds on\nwhich to question the accused person's fitness to stand trial.\n(3) If the court makes an order for an investigation into the fitness of\nthe accused person after the trial has commenced, the court may\nadjourn or discontinue the trial and conduct an investigation.\n(4) The question of the fitness of an accused person to stand trial may\nbe raised more than once in the same proceeding.\n","sortOrder":60},{"sectionNumber":"43O","sectionType":"section","heading":"Court may make interim orders","content":"43O Court may make interim orders\nBefore or at the time the court makes an order under\nsection 43N(2) for an investigation, the court may also make the\ninterim orders it considers just, including one or more of the\nfollowing orders:\n\nCriminal Code Act 1983 62\n(b) an order that the accused person be remanded in custody\ncourt considers appropriate);\n(c) an order that any reports relating to the fitness of the accused\nperson to stand trial held by the prosecution or defence be\nproduced before the court;\n(d) an order that the accused person undergo an examination by\na psychiatrist or other appropriate expert and that a report of\nthe results of the examination be given to the court.\n","sortOrder":61},{"sectionNumber":"43P","sectionType":"section","heading":"Procedure for conduct of investigation","content":"43P Procedure for conduct of investigation\n(1) At the commencement of the investigation, the Judge must explain\nto the jury:\n(a) the reason for the investigation;\n(b) the findings that may be made and the consequences of those\nfindings in law and otherwise; and\n(c) the standard of proof required to establish whether the\naccused person is fit for trial.\n(2) The court must hear the relevant evidence and submissions relating\nto the question of fitness of the accused person put to the court by\nthe prosecution and the defence.\n(3) If the Judge considers that it is in the interests of justice to do so,\nthe court may:\n(a) call evidence on its own initiative;\n(b) require the accused person to undergo an examination by a\npsychiatrist or other appropriate expert; and\n(c) require the results of an examination referred to in\nparagraph (b) to be produced before the court.\n","sortOrder":62},{"sectionNumber":"43Q","sectionType":"section","heading":"Finding that accused person fit to stand trial","content":"43Q Finding that accused person fit to stand trial\nIf the jury finds that the accused is fit to stand trial, the trial of the\naccused person for committing the offence he or she is charged\nwith is to proceed in the normal way.\n\nCriminal Code Act 1983 63\n","sortOrder":63},{"sectionNumber":"43R","sectionType":"section","heading":"Procedure if accused person found unfit to stand trial after","content":"43R Procedure if accused person found unfit to stand trial after\nconduct of investigation\n(1) If the jury finds that the accused person is unfit to stand trial, the\nJudge must determine whether there is a reasonable prospect that\nthe accused person might, within 12 months, regain the necessary\ncapacity to stand trial.\n(2) In making his or her determination under subsection (1), the Judge:\n(a) may call evidence on his or her own initiative; and\n(b) must refer to all relevant evidence and make the determination\non the balance of probabilities.\n(3) If the Judge determines that it is not likely that the accused will\nbecome fit to stand trial within 12 months, subject to section 43XA,\nthe court must hold a special hearing within 3 months after the date\nof the Judge's determination.\n(4) If the Judge determines that there is a reasonable prospect that the\naccused person might become fit for trial within 12 months, the\nJudge must adjourn the matter of the fitness of the accused person\nto be tried for the period, not exceeding 12 months, within which the\nJudge considers that the accused person might become fit.\n(5) If the matter is adjourned under subsection (4), the Judge may\nmake the interim orders he or she considers just, including one or\nmore of the following orders:\n(b) an order that the accused person is remanded in custody\nJudge considers appropriate) during the adjournment.\n(6) The Judge must not make an order under subsection (5) remanding\nthe accused person in custody in a custodial correctional facility\nunless the Judge is satisfied that there is no practicable alternative\ngiven the circumstances of the accused person.\n(7) On the expiry of the adjournment, the accused person is presumed\nto be fit to stand trial unless a party or the court raises a real and\nsubstantive question as to the accused person's fitness to stand\ntrial.\n(8) Where the accused person is presumed to be fit, the trial of the\naccused person for committing the offence he or she is charged\nwith is to proceed in the normal way.\n\nCriminal Code Act 1983 64\n(9) Where a real and substantial question as to the accused person's\nfitness has been raised in accordance with subsection (7), the court\nmust:\n(a) if the adjournment was for less than 12 months – adjourn the\nmatter for a further period that, when added together with the\nfirst period of adjournment, does not exceed 12 months; or\n(b) subject to section 43XA, hold a special hearing within 3\nmonths after the date the adjournment expires.\n(10) If the Judge further adjourns the matter under subsection (9)(a), he\nor she may vary an order made under subsection (5) in respect of\nthe accused person or make any other orders referred to in\nsubsection (5) as he considers just (and, in doing so, must comply\nwith subsection (6)).\n(11) On the expiry of an adjournment under subsection (9)(a),\nsubsections (7), (8), (9) and (10) apply with the necessary changes\nas if a reference to an adjournment in those subsections were a\nreference to a further adjournment under subsection (9)(a).\n(12) A matter may be adjourned more than once under subsection (9)(a)\nbut the total period of adjournment of a matter under this section is\nnot to exceed 12 months.\n","sortOrder":64},{"sectionNumber":"43S","sectionType":"section","heading":"Abridgement of adjournment under section 43R","content":"43S Abridgement of adjournment under section 43R\nWhere the court has made an order under section 43R(4) or (9)(a)\nadjourning the matter of the fitness of an accused person to be\ntried, the accused person or the Director of Public Prosecutions\nmay at any time during the adjournment apply to the court for either\nof the following orders:\n(a) if the accused person or the Director of Public Prosecutions\nconsiders that the accused person has become fit to stand\ntrial – an order that the trial of the accused person for\ncommitting the offence he or she is charged with is to proceed\nin the normal way;\n(b) if the accused person or the Director of Public Prosecutions\nconsiders that the accused person will not become fit to stand\ntrial by the end of the 12 month period referred to in\nsection 43R – an order to hold a special hearing within\n3 months after the date the order is made.\n","sortOrder":65},{"sectionNumber":"43T","sectionType":"section","heading":"Finding that accused person unfit to stand trial by agreement","content":"43T Finding that accused person unfit to stand trial by agreement\n(1) If, at any time before or during the trial of an offence, the parties to\nthe prosecution of the offence agree that the accused person is\n\nCriminal Code Act 1983 65\nunfit to stand trial, the court may dispense with an investigation into\nthe fitness of the accused person to stand trial and record a finding\nthat the accused person is unfit to stand trial.\n(2) If the court records a finding under subsection (1), section 43R\napplies in relation to the accused person the subject of the finding\nas if a reference to an accused person in section 43R were a\nreference to an accused person referred to in subsection (1).\n","sortOrder":66},{"sectionNumber":"43U","sectionType":"section","heading":"Extension of period for holding special hearing","content":"43U Extension of period for holding special hearing\n(1) The Court may, on application or on its own initiative, extend, by not\nmore than 3 months, the period within which a special hearing is to\nbe held under section 43R (including as applied by section 43T)\nor 43S.\n(2) There is no limit to the number of extensions that the court may\nmake under subsection (1).\n","sortOrder":67},{"sectionNumber":"43V","sectionType":"section","heading":"Purpose of special hearings","content":"43V Purpose of special hearings\n(1) A special hearing is to determine, on the evidence available,\nwhether an accused person who is found not fit to stand trial:\n(a) is not guilty of the offence he or she is charged with;\n(b) is not guilty of the offence he or she is charged with because\nof his or her mental impairment; or\n(c) committed the offence he or she is charged with or an offence\navailable as an alternative to the offence charged.\n(2) To make a finding under subsection (1)(c), the jury must be\nsatisfied beyond reasonable doubt, on the evidence available, that\nthe accused person committed the offence charged or an offence\navailable as an alternative to the offence.\n","sortOrder":68},{"sectionNumber":"43W","sectionType":"section","heading":"Procedure for conduct of special hearing","content":"43W Procedure for conduct of special hearing\n(1) A special hearing is to be conducted as nearly as possible as if it\nwere a criminal trial.\n(2) At a special hearing:\n(a) the accused person is taken to plead not guilty;\n(b) the accused person's legal representative (if any) may\nexercise the accused person's right of challenge;\n\nCriminal Code Act 1983 66\n(c) the accused person may raise any defence (including the\ndefence of mental impairment) that he or she could raise at a\ncriminal trial;\n(d) the rules of evidence apply;\n(e) the accused person may give evidence; and\n(f) any alternative finding of guilt that would be available for a jury\nat a criminal trial is available to the jury at the special hearing.\n(3) The Judge must explain to the jury:\n(a) that a real and substantial question has been raised as to the\naccused person's fitness to be tried;\n(b) the meaning of being unfit to stand trial;\n(c) the purpose of the special hearing, the findings that are\navailable to the jury and the consequences of the findings at\nlaw and otherwise; and\n(d) the standard of proof required for the findings.\n","sortOrder":69},{"sectionNumber":"43X","sectionType":"section","heading":"Findings at special hearing","content":"43X Findings at special hearing\n(1) If the jury at a special hearing finds the accused person is not guilty\nof the offence, the finding is taken to be a finding of not guilty at a\ncriminal trial and the court must discharge the accused person.\n(2) If the jury at a special hearing finds the accused person is not guilty\nbecause of mental impairment, the finding is taken to be a finding of\nnot guilty because of mental impairment at a criminal trial and the\ncourt must:\n(3) If the jury at a special hearing finds, on the evidence available, that\nthe accused person committed the offence charged or an offence\navailable as an alternative to the offence charged, the finding:\n(a) is taken to be a qualified finding of guilt and does not\nconstitute a basis in law for a finding of guilt of the offence to\nwhich the finding relates;\n(b) constitutes a bar to further prosecution in respect to the same\nconduct and circumstances; and\n\nCriminal Code Act 1983 67\n(c) is subject to appeal in the same manner as if it were a finding\nof guilt at a criminal trial,\nand the court must declare that the accused person is liable to\nsupervision under Division 5 or discharge the accused person\n43XA Dispensing with special hearing\nIf, at any time before or during a special hearing, the parties to the\nprosecution of the offence agree that the evidence establishes the\ndefence of mental impairment, the court may accept a plea and\nrecord a finding of not guilty of the offence because of mental\nimpairment.\n43XB Effect of finding under section 43XA\nIf the court records a finding under section 43XA, the court must:\n","sortOrder":70},{"sectionNumber":"43Y","sectionType":"section","heading":"Interim orders pending supervision","content":"43Y Interim orders pending supervision\n(1) If the court makes a declaration under section 43X(2)(a) or (3)\nor 43XB(a), the court may make the interim orders pending the\nsupervision order it considers just, including one or more of the\nfollowing orders:\n(b) an order that the accused person is to be remanded in\ncustody (whether in a custodial correctional facility or another\nplace the court considers appropriate) until the supervision\norder is made;\n(c) an order that the accused person undergo an examination by\na psychiatrist or other appropriate expert;\n(d) if the court makes an order referred to in paragraph (c) – an\norder that a report of the results of the examination be\nproduced before the court.\n(2) The court must not make an interim order under subsection (1)(b)\nremanding the accused person in custody in a custodial\nalternative given the circumstances of the accused person.\n\nCriminal Code Act 1983 68\n","sortOrder":71},{"sectionNumber":"43Z","sectionType":"section","heading":"When supervision orders are made","content":"43Z When supervision orders are made\nThe court must make a supervision order under this Division in\nrespect of a person if:\n(a) the court declares under section 43I(2)(a), 43X(2)(a) or (3)\nor 43XB(a) that the person is liable to supervision; or\n(b) the Court of Criminal Appeal remits a matter to the court under\nsection 412A(3) for the making of a supervision order in\nrespect of the person.\n43ZA Nature of supervision orders\n(1) A supervision order may, subject to the conditions the court\nconsiders appropriate and specifies in the order:\n(a) if it is a custodial supervision order – commit the accused\nperson to custody:\n(i) subject to subsection (2) – in a custodial correctional\nfacility; or\n(ii) subject to subsection (3) – in another place (an\nappropriate place) the court considers appropriate; or\n(b) if it is a non-custodial supervision order – release the accused\n(2) The court must not make a custodial supervision order committing\nthe accused person to custody in a custodial correctional facility\nunless it is satisfied that there is no practicable alternative given the\ncircumstances of the person.\n(2A) Without limiting subsection (1), the court may decide a supervision\norder is subject to the condition that a person (an authorised\nperson) authorised by the CEO (Health) may use any reasonable\nforce and assistance:\n(a) to enforce the order; and\n(b) without limiting paragraph (a) – to take the accused person\ninto custody, or to restrain the accused person, in order to\nprevent the accused person harming himself or herself or\nsomeone else.\n\nCriminal Code Act 1983 69\n(2B) The CEO (Health):\n(a) must, by Gazette notice, make supervision directions about:\n(i) the qualifications of an authorised person; and\n(ii) the reporting by an authorised person of any use of force\nor assistance for subsection (2A); and\n(b) may, in the supervision directions, provide for any other\nmatters about the use of such force and assistance as\ndecided by the CEO (Health).\n(2C) An authorised person may use reasonable force or assistance as\nprovided in subsection (2A) only in accordance with the supervision\ndirections.\n(3) Unless the court receives a certificate from the CEO (Health)\nmentioned in subsection (4), the court must not make a supervision\norder:\n(a) committing the accused person to custody in an appropriate\nplace; or\n(b) providing for the accused person to receive treatment or other\nservices in, at or from an appropriate place.\n(4) The certificate of the CEO (Health) must state:\n(a) facilities or services are available in the appropriate place for\nthe custody, care or treatment of the accused person; and\n(b) if the appropriate place is a secure care facility – the accused\nperson fulfils the criteria for involuntary treatment and care\nunder the Disability Services Act 1993.\n43ZB Appeals against supervision orders\n(1) A supervision order (including a supervision order varied under\nsection 43ZD or 43ZE) is subject to the same rights of appeal as a\nsentence.\n(2) In addition to appeals referred to in subsection (1), the CEO\n(Health) may appeal to the Court of Criminal Appeal against a\nsupervision order if he or she considers that:\n(a) a different supervision order should have been made; and\n(b) an appeal should be brought in the public interest.\n\nCriminal Code Act 1983 70\n(3) On an appeal under subsection (2), the Court of Criminal Appeal\nmay confirm the supervision order or quash the supervision order\nand make another supervision order in substitution for it.\n43ZC Term of supervision order\nSubject to sections 43ZD, 43ZE and 43ZG, a supervision order is\nfor an indefinite term.\n43ZD Variation or revocation of supervision order\n(1) Any of the following persons may apply to the court for an order\nvarying or revoking a supervision order:\n(a) the Director of Public Prosecutions;\n(b) the supervised person;\n(c) a person having the custody, care, control or supervision of\nthe supervised person;\n(d) any other person who has an interest that the court recognises\nas proper for the purposes of making the application.\n(2) A person who makes an application under subsection (1) must give\nnotice of the application at least 14 days before the hearing of the\napplication to:\n(a) the Director of Public Prosecutions; and\n(b) the supervised person; and\n(c) the next of kin (if any) of the supervised person; and\n(d) a person having the custody, care, control or supervision of\nthe supervised person.\n(3) If, on an application to vary or revoke a supervision order by the\nsupervised person, the court refuses the application, the supervised\nperson must not make another application within 12 months after\nthe date of the court's refusal or any other period (which may be\nlesser or greater) the court fixes.\n(3A) The court may adjourn the hearing for the application if the court\n(3B) If the court adjourns the hearing under subsection (3A), the court\nmay make interim orders for the supervised person (including, for\nexample, an order that the supervised person be remanded in\ncustody in a custodial correctional facility or another place the court\n\nCriminal Code Act 1983 71\nconsiders appropriate).\n(3C) The court must not make an interim order under subsection (3B)\n(3D) To avoid doubt:\n(a) the making of an interim order under subsection (3B) does not\nrevoke the supervision order; and\ncontinues to have effect while an interim order under\nsubsection (3B) is in force.\n(4) On hearing the application, the court may:\n(a) confirm the supervision order the subject of the application; or\n(b) if the application is for an order revoking the supervision order:\n(i) revoke the supervision order and release the supervised\nperson unconditionally; or\n(ii) vary the conditions of the supervision order; or\n(c) if the application is for an order varying the supervision order:\n(i) vary the conditions of the supervision order;\n(ii) where the supervision order is a non-custodial\nsupervision order – vary the supervision order to a\ncustodial supervision order; or\n(iii) where the supervision order is a custodial supervision\norder – vary the supervision order to a non-custodial\nsupervision order.\n43ZE Urgent variation of non-custodial supervision order\n(1) If it appears to the Director of Public Prosecutions that a supervised\nperson who is subject to a non-custodial supervision order is not\ncomplying or is not likely to comply with the supervision order and,\nbecause of that, the supervision order should be varied urgently,\nthe Director of Public Prosecutions may make an urgent application\nto the court for an order varying the supervision order.\n\nCriminal Code Act 1983 72\n(2) In making an application under subsection (1):\n(a) the Director of Public Prosecutions may give notice of the\napplication to one or more of the persons specified in\nsection 43ZD(2) and the notice he or she gives may be less\nthan the 14 days required under that subsection; and\n(b) the Director of Public Prosecutions may make the application\norally by telephone or in writing by facsimile or any other\navailable electronic means of communication.\n(3) If the supervised person fails to appear at the hearing of the\napplication, the court must issue a warrant for the apprehension\nand arrest of the supervised person.\n(3A) The court may adjourn the hearing for the application if the court\n(3B) If the court adjourns the hearing under subsection (3A), the court\nmay make interim orders for the supervised person (including, for\nexample an order that the supervised person be remanded in\ncustody in a custodial correctional facility or another place the court\nconsiders appropriate).\n(3C) The court must not make an interim order under subsection (3B)\n(3D) To avoid doubt:\n(a) the making of an interim order under subsection (3B) does not\nrevoke the supervision order; and\ncontinues to have effect while an interim order under\nsubsection (3B) is in force.\n(4) On hearing the application, the court may:\n(a) confirm the non-custodial supervision order; or\n(b) vary the conditions of the non-custodial supervision order; or\n(c) vary the non-custodial supervision order to a custodial\nsupervision order and impose the conditions on the custodial\nsupervision order that the court considers appropriate.\n\nCriminal Code Act 1983 73\n(5) If the court makes an order under subsection (4)(c) varying the\nsupervision order to a custodial supervision order:\n(a) unless the term fixed under section 43ZG in respect of the\nsupervision order has expired, that period continues to apply\nin respect of the custodial supervision order; or\n(b) if the term referred to in paragraph (a) has expired – the court\nmust fix the term it considers appropriate during which the\nsupervision order as varied is to be in force and specify the\nterm in the supervision order (and section 43ZG applies to and\nin relation to the supervision order as varied as if that term\nwere a term fixed under section 43ZG(1)).\n43ZF Emergency power of apprehension\n(1) If a member of the Police Force suspects on reasonable grounds\n(a) a supervised person is failing or has failed to comply with the\nsupervision order to which he or she is subject (including a\nsupervision order that has just been varied);\n(b) the safety of a supervised person is at risk unless the\nsupervised person is apprehended; or\n(c) the safety of the public is at risk if a supervised person is not\napprehended,\nthe member may apprehend the supervised person.\n(2) A supervised person who is apprehended under subsection (1)\nmust be detained:\n(a) if the supervised person is subject to a custodial supervision\norder – in the place where he or she is committed to custody\nunder the supervision order; or\n(b) if the supervised person is subject to a non-custodial\nsupervision order – in an appropriate place (which would, if\nthere is no practicable alternative in the circumstances, be a\ncustodial correctional facility or a police station).\n(3) If a supervised person who is apprehended under subsection (1) is\nsubject to a non-custodial supervision order, an application for an\norder varying the non-custodial supervision order is to be made to\nthe court under section 43ZD or 43ZE.\n\nCriminal Code Act 1983 74\n43ZG Major review of supervision orders\n(1) When the court makes a supervision order, the court must fix a\nterm in accordance with subsection (2), (3) or (4) that is appropriate\nfor the offence concerned and specify the term in the order.\n(2) Subject to subsections (3) and (4), the term fixed under\nsubsection (1) is to be equivalent to the period of imprisonment or\nsupervision (or aggregate period of imprisonment and supervision)\nthat would, in the court's opinion, have been the appropriate\nsentence to impose on the supervised person if he or she had been\nfound guilty of the offence charged.\n(3) If:\n(a) the offence charged carries a mandatory penalty of life\nimprisonment; or\n(b) the court is of the view that life imprisonment would have been\nan appropriate penalty for the offence charged;\nthe court must fix the period it would have set as the non-parole\nperiod for the offence under the Sentencing Act 1995 if the\nsupervised person had been found guilty of the offence charged as\nthe term under subsection (1).\n(4) If the supervised person was charged with the commission of\nmultiple offences, the court must fix the term under subsection (1)\nby reference to the offence carrying the longest maximum period of\nimprisonment.\n(4A) A reference in subsection (2) to a period of supervision is a\nreference to a period of custody or any other form of supervision of\na person under a court order (including, for example, a home\ndetention order) on the court finding the person guilty of an offence.\n(4B) The court may decide the term fixed under subsection (1) is taken\nto have commenced from a specified time that was:\n(a) before the making of the supervision order; and\n(b) at or after the time the supervised person was first taken into\ncustody for an offence because of which the court may make\nthe supervision order.\n(5) At least 3 months (but not more than 6 months) before the expiry of\nthe term fixed under subsection (1) in respect of a supervision\norder, the court must conduct a review to determine whether to\nrelease the supervised person the subject of the supervision order\nfrom it.\n\nCriminal Code Act 1983 75\n(5A) The court may adjourn the proceedings for the review to a time that\nis after the expiry of the term fixed under subsection (1) if the court\n(5B) If the court adjourns the proceedings under subsection (5A):\n(a) the court may make interim orders for the supervised person\n(including, for example, an order that the supervised person\nbe remanded in custody in a custodial correctional facility or\nanother place the court considers appropriate); and\ncontinues to have effect until the completion of the review.\n(5C) The court must not make an interim order under subsection (5B)(a)\n(6) On completing the review under subsection (5), unless the court\nconsiders that the safety of the supervised person or the public will\nor is likely to be seriously at risk if the supervised person is\nreleased, the court must release the supervised person\n(7) If the court considers that the safety of the supervised person or the\npublic will or is likely to be seriously at risk if the supervised person\nis released unconditionally, the court must:\n(a) confirm the supervision order; or\n(b) vary the conditions of the supervision order (including, if the\nsupervision order is a custodial supervision order, the place of\ncustody where the supervised person is detained); or\n(c) if the supervision order is a non-custodial order – vary the\nsupervision order to a custodial supervision order and impose\nthe conditions on the order that the court considers\nappropriate; or\n(d) if the supervision order is a custodial order – vary the\nsupervision order to a non-custodial order and impose the\nconditions on the order that the court considers appropriate.\n\nCriminal Code Act 1983 76\n43ZH Periodic review of supervision orders\n(1) After considering a report submitted by an appropriate person\nunder section 43ZK, if the court considers it is appropriate, the court\nmay conduct a review to determine whether the supervised person\nthe subject of the report may be released from the supervision\norder.\n(2) On completing the review of a custodial supervision order, the court\nmust:\n(a) vary the supervision order to a non-custodial supervision order\nunless satisfied on the evidence available that the safety of\nthe supervised person or the public will be seriously at risk if\nthe person is released on a non-custodial supervision order; or\n(b) if the court is satisfied on the evidence available that the\nsafety of the supervised person or the public will be seriously\nat risk if the person is released on a non-custodial supervision\norder:\n(i) confirm the order; or\n(ii) vary the conditions of the order, including the place of\ncustody where the supervised person is detained.\n(3) On completing the review of a non-custodial supervision order, the\ncourt may:\n(a) confirm the order;\n(b) vary the conditions of the order;\n(c) vary the supervision order to a custodial supervision order and\nimpose the conditions on the order the court considers\nappropriate; or\n(d) revoke the order and release the supervised person\n43ZI Right of persons to appear at hearings under this Division\n(1) Subject to subsection (2), a person who is or is likely to be the\nsubject of a supervision order has a right to appear before the court\nat a hearing of an application for an order making, varying or\nrevoking the supervision order or of a review of the supervision\norder under this Division.\n\nCriminal Code Act 1983 77\n(2) If the person who is or is likely to be the subject of the supervision\norder does not appear before the court, the court must satisfy itself\n(a) the person has been informed of his or her right to appear but\nhas elected not to appear; or\n(b) appearing before the court would be detrimental to the\nperson's health.\n(3) Subsection (2) does not apply to the hearing of an urgent\napplication for an order varying a non-custodial supervision order\nunder section 43ZE.\n(4) The Director of Public Prosecutions may appear before the court at\na hearing referred to in subsection (1).\n(4A) In addition, the CEO (Health) is entitled to appear at a hearing of an\napplication for an order varying or revoking the supervision order, or\nof a review of the supervision order, for a person who is in custody\nin an appropriate place mentioned in section 43ZA(1)(a)(ii),\nincluding, for example, a resident of a secure care facility under the\nDisability Services Act 1993.\n(5) Also, the court may give leave to a person who it considers has a\nproper interest in the matter the subject of a hearing mentioned in\nsubsection (1) to appear before the court at the hearing.\n(6) A person who is entitled to appear before the court under this\nsection is a party to the matter in which he or she appears and is\nentitled to be legally represented.\n43ZJ Court to receive report on condition of accused persons\ndeclared liable to supervision\n(1) If the court declares under Division 2 or 4 that an accused person is\nliable to supervision, the appropriate person must, within 30 days\nafter the date of the declaration or the longer period (if any) agreed\nto by the court, prepare and submit a report to the court on the\nmental impairment, condition or disability of the accused person\nthat is the reason he or she was found to be not guilty of the\noffence charged because of mental impairment or to be unfit to\nstand trial.\n\nCriminal Code Act 1983 78\n(2) A report referred to in subsection (1) is to contain:\n(a) a diagnosis and prognosis of the accused person's mental\nimpairment, condition or disability;\n(b) details of the accused person's response to any treatment,\ntherapy or counselling he or she is receiving or has received\nand any services that are being or have been provided to him\nor her; and\n(c) a suggested treatment plan for managing the accused\nperson's mental impairment, condition or disability.\n43ZK Periodic reports on condition of supervised persons\n(1) If the court makes a supervision order, the appropriate person\nmust, at intervals of not more than 12 months, until the supervision\norder is revoked, prepare and submit a report to the court on the\ntreatment and management of the supervised person's mental\nimpairment, condition or disability.\n(2) A report referred to in subsection (1) is to contain:\n(a) details of the treatment, therapy or counselling that the\nsupervised person has received, and the services that have\nbeen provided to the supervised person, since the supervision\norder was made or the last report was prepared (as the case\nmay require); and\n(b) details of any changes to the prognosis of the supervised\nperson's mental impairment, condition or disability and to the\nplan for managing the mental impairment, condition or\ndisability.\n43ZL Reports on views of victim or next of kin\n(1) At the time the court is considering whether to make, vary or revoke\na supervision order in respect of an accused person or a\nsupervised person, or whether to determine to release a supervised\nperson from a supervision order, the victim of the offence\nconcerned or the next of kin of the victim (who may be a deceased\nvictim) may prepare and submit a report to the court setting out the\nviews of the victim or next of kin concerning one or more of the\n(a) the conduct of the accused person or supervised person;\n(b) the impact of the accused person's or supervised person's\nconduct on the victim or the next of kin or any other member\nof the victim's family;\n\nCriminal Code Act 1983 79\n(c) if the court is considering whether to release a supervised\nperson from a supervision order – the impact the supervised\nperson's conduct could have on the victim or next of kin or any\nother members of the victim's family if the supervised person\nis released.\n(2) The court must receive all reports made to it under subsection (1).\n(3) The court may, on its own initiative if it considers it will assist in\ndetermining whether to make, vary or revoke a supervision order in\nrespect of an accused person or a supervised person, or whether to\nrelease a supervised person from a supervision order, request one\nor more of the following reports:\n(a) a report setting out the views of the next of kin of the accused\nperson or supervised person and the impact of the accused\nperson's or supervised person's conduct on the next of kin or\nother members of the accused person's or supervised\nperson's family;\n(b) if the accused person or supervised person is a member of an\nAboriginal community – a report setting out the views of the\nmembers of the Aboriginal community.\n(4) The court must consider all reports made to it under this section.\n43ZLA Definition\norder means:\n(a) a declaration that an accused person is liable to supervision;\nor\n(b) an order releasing an accused person unconditionally; or\n(c) an interim order for the bail of an accused person; or\n(d) an interim order providing for the custody of an accused\nperson or supervised person; or\n(e) an order making, varying or revoking a supervision order; or\n(f) an order releasing a supervised person.\n\nCriminal Code Act 1983 80\n43ZM Principle court to apply when making order\nIn determining whether to make an order under this Part, the court\nmust apply the principle that restrictions on a supervised person's\nfreedom and personal autonomy are to be kept to the minimum that\nis consistent with maintaining and protecting the safety of the\ncommunity.\n43ZN Matters court must take into account when making order\n(1) In determining whether to make an order under this Part, the court\nmust have regard to the following matters:\n(a) whether the accused person or supervised person concerned\nis likely to, or would if released be likely to, endanger himself\nor herself or another person because of his or her mental\nimpairment, condition or disability;\n(b) the need to protect people from danger;\n(c) the nature of the mental impairment, condition or disability;\n(d) the relationship between the mental impairment, condition or\ndisability and the offending conduct;\n(e) whether there are adequate resources available for the\ntreatment and support of the supervised person in the\ncommunity;\n(f) whether the accused person or supervised person is\ncomplying or is likely to comply with the conditions of the\nsupervision order;\n(g) any other matters the court considers relevant.\n(2) The court must not make an order under this Part releasing a\nsupervised person from custody (whether conditionally or\notherwise) or significantly reducing the supervision to which a\nsupervised person is subject unless:\n(a) the court has:\n(i) obtained and considered 2 reports, each report being\nprepared by a person who is a psychiatrist or other\nexpert (but the same person must not prepare both\nreports); and\n(ii) considered the reports submitted to the court under\nsections 43ZJ and 43ZK and received by the court under\nsection 43ZL, if any; and\n\nCriminal Code Act 1983 81\n(b) subject to subsections (3) and (4), the court is satisfied that\neach of the following persons was given reasonable notice of\nthe proceedings concerned:\n(i) the victim of the offence concerned;\n(ii) if the victim concerned is deceased – the victim's next of\nkin;\n(iia) the next of kin of the supervised person concerned;\n(iii) if the supervised person concerned is a member of an\nAboriginal community – the Aboriginal community.\n(3) Notice is not required to be given to a person referred to in\nsubsection (2)(b) if the person cannot be found after reasonable\ninquiry.\n(4) Notice is not to be given to a person referred to in\nsubsection (2)(b)(i) or (ii) who has given notice to the court that he\nor she does not wish to be notified of any hearings in relation to the\nsupervised person concerned and has not withdrawn that notice.\n43ZO Legal counsel to have independent discretion\nIf an accused person or supervised person is unable to instruct his\nor her legal counsel on questions relevant to an investigation or\nproceedings under this Part, the legal counsel may exercise an\nindependent discretion and act as he or she reasonably believes to\nbe the in the person's best interests.\n43ZP Counselling next of kin\n(1) If an application is made to the court under this Part that might\nresult in an order for the release from custody of a supervised\nperson, the Minister must ensure that counselling services are\navailable to the victim, next of kin of a deceased victim and next of\nkin of the supervised person.\n(2) A person who, in the course of the provision of counselling services\nto a person referred to in subsection (1), discloses information\nabout the supervised person concerned to another person does\nnot, in doing so, contravene the law of the Territory or any code or\nrule of conduct or professional ethics and is taken not to have\ncommitted an offence against the law in force in the Territory\nbecause of the disclosure.\n\nCriminal Code Act 1983 82\n43ZPA Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Act as a person authorised for\nsection 43ZA(2A).\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n43ZQ Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Part to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Part.\n","sortOrder":72},{"sectionNumber":"44","sectionType":"section","heading":"Definitions","content":"44 Definitions\nseditious enterprise means an enterprise undertaken in order to\ncarry out a seditious intention.\nseditious intention means an intention:\n(a) to excite disaffection against the government or the Legislative\nAssembly or the administration of justice of or in the Territory;\n(b) to excite any person to attempt to procure the alteration,\notherwise than by lawful means, of any matter in the Territory\nestablished by a law in force in the Territory; or\n\nCriminal Code Act 1983 83\n(c) to promote feelings of ill-will and hostility between different\nclasses of persons so as to endanger the peace, order or\ngood government of the Territory.\nseditious words means words expressing a seditious intention.\n","sortOrder":73},{"sectionNumber":"45","sectionType":"section","heading":"Seditious enterprise","content":"45 Seditious enterprise\nSubject to section 48, any person who engages in or agrees or\nundertakes to engage in a seditious enterprise is guilty of a crime\nand is liable to imprisonment for 3 years or, upon being found guilty\nsummarily, to imprisonment for one year.\n","sortOrder":74},{"sectionNumber":"46","sectionType":"section","heading":"Seditious words","content":"46 Seditious words\nSubject to section 48, any person who writes, prints, utters or\npublishes seditious words is guilty of a crime and is liable to\nimprisonment for 3 years or, upon being found guilty summarily, to\nimprisonment for one year.\n","sortOrder":75},{"sectionNumber":"47","sectionType":"section","heading":"Procedure on prosecution for sedition","content":"47 Procedure on prosecution for sedition\n(1) A crime defined by section 45 or 46 may be prosecuted either on\nindictment or, with the consent of the Director of Public\nProsecutions and the accused person, summarily.\n(2) A person cannot be found guilty of committing or of counselling or\nprocuring the commission of a crime defined by section 45 or 46\nupon the uncorroborated testimony of one witness.\n","sortOrder":76},{"sectionNumber":"48","sectionType":"section","heading":"Acts done in good faith","content":"48 Acts done in good faith\nA person shall not be guilty of a crime defined by section 45 or 46:\n(a) for endeavouring in good faith to show that the Administrator\nis, or his advisors are, mistaken in any of his or their counsels,\npolicies or actions;\n(b) for pointing out in good faith errors or defects in the\ngovernment, the legislation or the administration of justice of\nor in the Territory with a view to the reformation of those errors\nor defects;\n(c) for exciting in good faith another person to attempt to procure\nby lawful means the alteration of any matter established by\nlaw in the Territory;\n\nCriminal Code Act 1983 84\n(d) for pointing out in good faith, in order to bring about its\nremoval, a matter that is producing, or has a tendency to\nproduce, feelings of ill-will or hostility between different\nclasses of persons; or\n(e) for doing anything in good faith in connection with an industrial\ndispute or an industrial matter.\n","sortOrder":77},{"sectionNumber":"49","sectionType":"section","heading":"Unlawful oaths to commit offences, &c.","content":"49 Unlawful oaths to commit offences, &c.\n(a) administers, or is present at and consents to the administering\nof, an oath or engagement in the nature of an oath purporting\nto bind the person who takes it:\n(i) to commit an offence;\n(ii) to be a member of an association, society or\nconfederacy formed or maintained for the purpose of\ncommitting an offence;\n(iii) to obey the orders or commands of a committee or body\nnot lawfully constituted, or of a person not having\nauthority by law, to give such orders or commands;\n(iv) not to inform or give evidence against a person; or\n(v) not to reveal or discover an association, society or\nconfederacy formed or maintained for the purpose of\ncommitting an offence, or an offence that has been or is\nto be committed, or an unlawful oath or engagement that\nmay have been administered or tendered to or taken by\nhimself or any other person, or the import of any such\noath or engagement; or\n(b) takes such an oath or engagement, not being compelled to do\nso,\nis guilty of a crime and is liable to imprisonment for 3 years.\n\nCriminal Code Act 1983 85\n","sortOrder":78},{"sectionNumber":"50","sectionType":"section","heading":"Definitions","content":"50 Definitions\nact of terrorism means the use or threatened use of violence:\n(a) to procure or attempt to procure:\n(i) the alteration of;\n(ii) the cessation of; or\n(iii) the doing of,\nany matter or thing established by a law of, or within the\ncompetence or power of, a legally constituted government or\nother political body (whether or not legally constituted) in the\nTerritory, the Commonwealth or any other place;\n(b) for the purpose of putting the public or a section of the public\nin fear; or\n(c) for the purpose of preventing or dissuading the public or a\nsection of the public from carrying out, either generally or at a\nparticular place, an activity it is entitled to carry out.\norganization means an association, society or confederacy.\nunlawful organization means an organization that uses, threatens\nto use or advocates the use of unlawful violence in the Territory to\nachieve its ends.\nviolence means violence of a kind that causes, or is likely to cause,\nthe death of, or serious harm to, a person.\n","sortOrder":79},{"sectionNumber":"51","sectionType":"section","heading":"Membership of unlawful organization","content":"51 Membership of unlawful organization\n(1) Any person who, knowing an organization to be an unlawful\norganization:\n(a) belongs or professes to belong to it;\n(b) solicits or invites financial or other support for it or knowingly\nmakes or receives a contribution of money or other property to\nor for its resources; or\n(c) arranges or assists in the arrangement or management of or\naddresses a meeting of 3 or more persons knowing that the\nmeeting is to support or further the activities of that unlawful\n\nCriminal Code Act 1983 86\norganization or is to be addressed by a person belonging or\nprofessing to belong to that unlawful organization,\nis guilty of a crime and is liable to imprisonment for 2 years.\n(2) The court by or before which a person is found guilty of a crime\ndefined by this section may order the forfeiture to the Crown of any\nmoney or other property that, at the time of the offence, he had in\nhis possession or under his control for the use or benefit of the\nunlawful organization.\n","sortOrder":80},{"sectionNumber":"52","sectionType":"section","heading":"Evidence of knowledge of unlawfulness","content":"52 Evidence of knowledge of unlawfulness\nProof of the fact that a person has belonged to an unlawful\norganization for 28 days or was a member of any committee of it is\nevidence that he knew it to be an unlawful organization.\n","sortOrder":81},{"sectionNumber":"53","sectionType":"section","heading":"Display of support for unlawful organization","content":"53 Display of support for unlawful organization\nAny person who, knowing an organization to be an unlawful\norganization, in a public place, or in any other place with the\nintention that it can be seen by persons in a public place:\n(a) wears an item of dress; or\n(b) wears, carries or displays a sign or article,\nin such a way or in such circumstances that it can reasonably be\ninferred he is a member or supporter of an unlawful organization, is\nguilty of an offence and is liable to imprisonment for 6 months.\n","sortOrder":82},{"sectionNumber":"54","sectionType":"section","heading":"Terrorism","content":"54 Terrorism\nAny person who commits an act of terrorism is guilty of a crime and\nis liable to imprisonment for life.\n","sortOrder":83},{"sectionNumber":"55","sectionType":"section","heading":"Contribution towards acts of terrorism","content":"55 Contribution towards acts of terrorism\n(1) Any person who obtains for himself or another or supplies anything\nwith the intention that it be used, or knowing that it is intended to be\nused, for or in connection with the preparation or commission of an\nact of terrorism is guilty of a crime and is liable to imprisonment for\n10 years.\n(2) Any court by or before which a person is found guilty of a crime\ndefined by this section may order the forfeiture to the Crown of any\nproperty that, at the time of the crime:\n(a) he had in his possession or under his control; and\n\nDivision 3 Offences against the Executive and Legislative power\nCriminal Code Act 1983 87\n(b) he intended should be used for or in connection with the\npreparation or commission of an act of terrorism.\nDivision 3 Offences against the Executive and Legislative\npower\n","sortOrder":84},{"sectionNumber":"56","sectionType":"section","heading":"Interference with Administrator or Minister","content":"56 Interference with Administrator or Minister\nAny person who does an act with the intention of interfering with the\nfree exercise by the Administrator or a Minister of the Crown of a\nduty or an authority of his office is guilty of a crime and is liable to\n","sortOrder":85},{"sectionNumber":"57","sectionType":"section","heading":"Interference with Legislative Assembly","content":"57 Interference with Legislative Assembly\nAny person who, by force or deception, or by threat or intimidation\nof any kind, interferes with the free exercise by the Legislative\nAssembly of its authority is guilty of a crime and is liable to\n","sortOrder":86},{"sectionNumber":"58","sectionType":"section","heading":"Influencing Legislative Assembly member","content":"58 Influencing Legislative Assembly member\nAny person who, directly or indirectly, by force, deception, threat or\nintimidation of any kind, influences a member of the Legislative\nAssembly in the exercise of his duty or authority as a member of, or\ninduces him to absent himself from, the Legislative Assembly or a\ncommittee of the Legislative Assembly, is guilty of a crime and is\nliable to imprisonment for 7 years.\n","sortOrder":87},{"sectionNumber":"59","sectionType":"section","heading":"Bribery of Legislative Assembly member","content":"59 Bribery of Legislative Assembly member\nAny person who, in order to influence a member of the Legislative\nAssembly in the exercise of his duty or authority as a member, or in\norder to induce him to absent himself from the Legislative Assembly\nor a committee of the Legislative Assembly, gives, confers or\nprocures, or promises or offers to give, confer or procure, property\nor a benefit of any kind to, upon or for the member or another, is\nguilty of a crime and is liable to imprisonment for 7 years.\n","sortOrder":88},{"sectionNumber":"60","sectionType":"section","heading":"Legislative Assembly member receiving bribe","content":"60 Legislative Assembly member receiving bribe\nAny person who, being a member of the Legislative Assembly,\nsolicits, receives or obtains, or agrees to receive or obtain, property\nor a benefit of any kind for himself or another, upon the\nunderstanding that the exercise by the member of his duty or\nauthority as a member shall be in any way influenced or affected, is\nguilty of a crime and is liable to imprisonment for 7 years.\n\nCriminal Code Act 1983 88\n","sortOrder":89},{"sectionNumber":"61","sectionType":"section","heading":"Disturbing the Legislative Assembly","content":"61 Disturbing the Legislative Assembly\nAny person who intentionally:\n(a) disturbs the Legislative Assembly while it is in session; or\n(b) engages in conduct in the immediate view and presence of the\nLegislative Assembly while it is in session with the intention of\ninterrupting its proceedings or impairing the respect due to its\nauthority,\nis guilty of a crime and is liable to imprisonment for 3 years.\n","sortOrder":90},{"sectionNumber":"62","sectionType":"section","heading":"Going armed to Legislative Assembly","content":"62 Going armed to Legislative Assembly\nAny person who, without lawful excuse, being armed with a firearm\nor other dangerous or offensive weapon, enters or is found within\nthe precincts of the Legislative Assembly is guilty of a crime and is\n","sortOrder":91},{"sectionNumber":"63","sectionType":"section","heading":"Interpretation","content":"63 Interpretation\n(1) When 3 or more persons, with intent to carry out some common\npurpose, assemble in such a manner or, being assembled, conduct\nthemselves in such a manner as to cause persons in the\nneighbourhood to fear on reasonable grounds that the persons so\nassembled will tumultuously disturb the peace, or will by such\nassembly needlessly and without any reasonable occasion provoke\nother persons tumultuously to disturb the peace, they are an\nunlawful assembly.\n(2) It is immaterial that the original assembling was lawful if, being\nassembled, they conduct themselves with a common purpose in\nsuch a manner as aforesaid.\n(3) An assembly of 3 or more persons who assemble for the purpose of\nprotecting the dwelling-house of any one of them against persons\nthreatening to enter it in order to commit an offence therein is not\nan unlawful assembly.\n(4) When an unlawful assembly has begun to act in so tumultuous a\nmanner as to disturb the peace, the assembly is called a riot and\nthe persons assembled are said to be riotously assembled.\n","sortOrder":92},{"sectionNumber":"64","sectionType":"section","heading":"Punishment of unlawful assembly","content":"64 Punishment of unlawful assembly\nAny person who takes part in an unlawful assembly is guilty of a\ncrime and is liable to imprisonment for one year.\n\nCriminal Code Act 1983 89\n","sortOrder":93},{"sectionNumber":"65","sectionType":"section","heading":"Punishment of riot","content":"65 Punishment of riot\nAny person who takes part in a riot is guilty of an offence and is\n","sortOrder":94},{"sectionNumber":"66","sectionType":"section","heading":"Offences relating to riots","content":"66 Offences relating to riots\n(a) the person is one of 12 or more people who are riotously\nassembled; and\n(b) a police officer orally orders those people to disperse\nimmediately; and\n(i) fails to comply with the order as soon as the\ncircumstances permit; and\n(ii) continues to assemble with people riotously.\n(2) A person is guilty of an offence if:\n(a) the person engages in conduct that involves a violent act; and\n(b) the conduct results in the prevention of a police officer from\norally ordering the immediate dispersal of 12 or more people\nwho are riotously assembled; and\n(c) one of the following subparagraphs applies:\n(i) the person engages in the conduct intending or knowing\nthat it involves a violent act and has the result mentioned\nin paragraph (b);\n(ii) the person is reckless as to whether the conduct\ninvolves a violent act and has that result.\n(3) A person is guilty of an offence if:\n(a) the person is one of 12 or more people who are riotously\nassembled; and\n(b) a police officer is prevented from orally ordering the immediate\ndispersal of those people; and\n\nCriminal Code Act 1983 90\n(c) the person, knowing about the prevention of the making of the\noral order, continues to assemble with people riotously.\n(4) A person is guilty of an offence if the person:\n(a) is one of 12 or more people who are riotously assembled; and\n(b) unlawfully damages property while the people are so\nassembled.\n(5) To avoid doubt, an offence against subsection (1), (2), (3) or (4),\nmay be committed in private or public places.\nconduct that involves a violent act includes:\n(a) conduct capable of causing injury to a person or damage to\nproperty (whether or not it actually causes such injury or\ndamage); and\n(b) a threat to engage in such conduct.\n","sortOrder":95},{"sectionNumber":"69","sectionType":"section","heading":"Going armed in public","content":"69 Going armed in public\nAny person who goes armed in public without lawful occasion in\nsuch a manner as to cause fear to a person of reasonable firmness\nand courage is guilty of an offence and is liable to imprisonment for\n","sortOrder":96},{"sectionNumber":"70","sectionType":"section","heading":"Challenge to a fight likely to cause death or serious harm","content":"70 Challenge to a fight likely to cause death or serious harm\nAny person who challenges another to a fight of such a nature that,\nif it should occur, death or serious harm is likely to result or\nattempts to provoke another to such a fight or attempts to provoke\nany person to challenge another to such a fight, is guilty of an\noffence and is liable to imprisonment for 3 years.\n","sortOrder":97},{"sectionNumber":"71","sectionType":"section","heading":"Interfering with political liberty","content":"71 Interfering with political liberty\n(1) Any person who by violence, or by threats or intimidation of any\nkind, hinders or interferes with the free exercise of any political right\nby another person is guilty of an offence and is liable to\n\nCriminal Code Act 1983 91\n(2) If the offender is a public officer and commits the offence in abuse\nof his authority as such an officer he is liable to imprisonment for\n","sortOrder":98},{"sectionNumber":"72","sectionType":"section","heading":"Definitions","content":"72 Definitions\nact of piracy, see section 72A.\npirate means a person who commits an act of piracy.\n","sortOrder":99},{"sectionNumber":"72A","sectionType":"section","heading":"Meaning of act of piracy","content":"72A Meaning of act of piracy\n(1) Subject to subsection (2), an act of piracy is any of the following\nacts on the high seas:\n(a) an act that, if committed in the Territory, would constitute an\noffence against section 218(1);\n(b) the boarding of a ship against the wishes or without the\nknowledge of the master for the purpose of committing on the\nship an act that, if committed in the Territory, would constitute\nan offence against section 156, 181, 194, 195, 202, 208H,\n208HA, 208HB, 241, 243 or 245;\n(c) an act committed on a ship that, if committed in the Territory,\nwould constitute an offence against section 156, 181, 194,\n195, 202, 208H, 208HA, 208HB, 241, 243 or 245;\n(d) the stealing of a ship;\n(e) directly or indirectly taking control of a ship against the wishes\nof the master;\n(f) the confining of the master of a ship against the master's will;\n(g) an act of a person on board a ship intentionally disobeying a\nlawful direction of the master given for the purpose of ensuring\nthe safety of the ship, the crew or the passengers.\n(2) Neither of the following is an act of piracy:\n(a) an act of war committed under the authority of the\nCommonwealth or the lawful government of a foreign state;\n\nCriminal Code Act 1983 92\n(b) the taking of control of a ship by a person against the wishes\nof the master if:\n(i) the person is a member of the armed forces of, or is\nacting with the authority of, the Commonwealth or the\nlawful government of a foreign state; and\n(ii) the master had control of the ship as a result of an act\nmentioned in subsection (1).\nmaster, of a ship, means the person for the time being in control of\nthe ship, whether or not that control was lawfully obtained.\n","sortOrder":100},{"sectionNumber":"73","sectionType":"section","heading":"Punishment of piracy","content":"73 Punishment of piracy\nAny person who commits an act of piracy is guilty of an offence and\nis liable to imprisonment for 20 years; and a person who has\ncommitted an act of piracy out of the Territory and who comes into\nthe Territory is, by so coming into the Territory, guilty of an offence\nand is liable to imprisonment for 20 years.\n","sortOrder":101},{"sectionNumber":"74","sectionType":"section","heading":"Trading with pirates","content":"74 Trading with pirates\nAny person who trades with or supplies ammunition, provisions or\nstores to a pirate knowing him to be a pirate is guilty of an offence\nand is liable to imprisonment for 5 years.\n","sortOrder":102},{"sectionNumber":"75","sectionType":"section","heading":"Fitting out ship for piracy","content":"75 Fitting out ship for piracy\nAny person who builds or fits out a ship with the intention that it\nshall be used or with the knowledge that it is intended to be used\nfor or in connection with an act of piracy is guilty of an offence and\nis liable to imprisonment for 5 years.\n\nCriminal Code Act 1983 93\nPart IV Offences against the administration of law and\njustice and against public authority\nDivision 1 Disclosure of confidential information and\ncorruption and abuse of office\n","sortOrder":103},{"sectionNumber":"75A","sectionType":"section","heading":"Definitions","content":"75A Definitions\nbenefit, see section 75B.\nimproper, see section 75C.\nobtain includes to get or receive.\n","sortOrder":104},{"sectionNumber":"75B","sectionType":"section","heading":"Meaning of benefit","content":"75B Meaning of benefit\n(1) Benefit means a benefit of any kind, including a non-pecuniary\n(2) For this Part:\n(a) a benefit is taken to be requested by a person:\n(i) whether the benefit is a current benefit or a promise of a\nfuture benefit; and\n(ii) whether the benefit is to be received by the person or\n(b) a benefit is taken to be obtained by a person:\n(i) whether the benefit is a current benefit or a promise of a\nfuture benefit; and\n(ii) whether the benefit is received by the person or another\n(c) a benefit is taken to be offered by a person to a public officer:\n(i) whether the benefit is a current benefit or the promise of\na future benefit; and\n(ii) whether the benefit is to be received by the public officer\n\nCriminal Code Act 1983 94\n(d) a benefit is taken to be given by a person to a public officer:\n(i) whether the benefit is a current benefit or the promise of\na future benefit; and\n(ii) whether the benefit is received by the public officer or\nanother person.\n","sortOrder":105},{"sectionNumber":"75C","sectionType":"section","heading":"Improper conduct","content":"75C Improper conduct\n(1) A person's conduct is improper if the conduct, in the\ncircumstances, warrants criminal sanction.\n(2) The finder of fact must find the conduct improper unless:\n(a) the finder of fact is satisfied that:\n(i) the conduct is trivial; or\n(ii) the conduct has caused only minimal damage to the\npublic interest; and\n(b) the finder of fact is satisfied that the conduct, in the\ncircumstances, does not warrant criminal sanction.\n(3) In deciding whether a person's conduct, in the circumstances,\nwarrants criminal sanction, the finder of fact must have regard to\nthe following matters:\n(a) if the person is a public officer – whether the person behaved\nin a way reasonably expected of a public officer;\n(b) if the person is not a public officer – whether the person\nbehaved in a way reasonably expected of the person;\n(c) whether the person acted in an honest and reasonable belief\nthat the person was lawfully entitled to act in the manner the\nperson acted in the conduct being considered;\n(d) the seriousness of the conduct and any result of the conduct;\n(e) whether the conduct occurred:\n(i) as an isolated incident; or\n(ii) as part of repeated similar conduct; or\n(iii) as part of a course of conduct.\n\nCriminal Code Act 1983 95\n","sortOrder":106},{"sectionNumber":"75D","sectionType":"section","heading":"Dismissal of trivial case","content":"75D Dismissal of trivial case\nIf, in any proceedings for an offence under this Part, the court\nconsiders that the offence is of a trivial or merely technical nature,\nthe court may in its discretion dismiss the case.\n","sortOrder":107},{"sectionNumber":"76","sectionType":"section","heading":"Disclosure of confidential information","content":"76 Disclosure of confidential information\n(i) is a public officer who obtains information because of the\nofficer's position; or\n(ii) was a public officer who obtained information because of\nthe person's position as a public officer; and\n(b) the information is confidential information and the person has\n(c) the person intentionally engages in conduct; and\n(e) the conduct results in the disclosure of the information and the\nperson is reckless in relation to the result.\n(4) A person commits an offence if:\n(i) is a public officer who obtains information because of the\nofficer's position; or\n(ii) was a public officer who obtained information because of\nthe person's position as a public officer; and\n(b) the information is confidential information and the person has\n(c) the person intentionally engages in conduct; and\n\nCriminal Code Act 1983 96\n(e) the conduct results in the disclosure of the information and the\nperson is reckless in relation to the result; and\n(f) the improper conduct is engaged in with the intention of\ngaining a benefit.\n(5) Strict liability applies to subsection (4)(a).\n(6) Absolute liability applies to subsection (4)(d).\n","sortOrder":108},{"sectionNumber":"77","sectionType":"section","heading":"Corruption","content":"77 Corruption\n(a) the officer intentionally requests or knowingly obtains a\nbenefit; and\n(b) the officer knows the benefit is:\n(i) an inducement to influence the officer's performance of\nthe officer's powers or functions; or\n(ii) a reward for the officer having performed the officer's\npowers or functions in a particular way or for a particular\nresult; and\n(a) the person intentionally offers or gives a benefit to another\n(b) the person offered or given the benefit is a public officer and\nthe person offering or giving the benefit is reckless in relation\nto that circumstance; and\n(c) the person offering or giving the benefit does so with the\nintention that the benefit is:\n(i) an inducement to influence the officer's performance of\nthe officer's powers or functions; or\n\nCriminal Code Act 1983 97\n(ii) a reward for the person; and\n(d) the conduct mentioned in paragraph (a) is improper.\n","sortOrder":109},{"sectionNumber":"78","sectionType":"section","heading":"Other corrupting benefits","content":"78 Other corrupting benefits\n(a) the officer intentionally requests or knowingly obtains a\nbenefit; and\n(b) the officer knows the benefit would tend to:\n(i) be an inducement to influence the officer's performance\nof the officer's powers or functions; or\n(ii) be a reward for the officer; and\n(a) the person intentionally offers or gives a benefit to another\n(b) the person offered or given the benefit is a public officer and\nthe person offering or giving the benefit is reckless in relation\nto that circumstance; and\n(c) the person offering or giving the benefit knows the benefit\nwould tend to:\n(i) be an inducement to influence the officer's performance\nof the officer's powers or functions; or\n(ii) be a reward for the officer.\n(d) the conduct mentioned in paragraph (a) is improper.\n\nCriminal Code Act 1983 98\n","sortOrder":110},{"sectionNumber":"79","sectionType":"section","heading":"Advancing secret personal interests","content":"79 Advancing secret personal interests\n(1) A public officer who is a public sector employee commits an offence\nif:\n(a) the officer knowingly holds a private interest; and\n(b) the officer would be able to exercise the officer's duties or\nfunctions as an officer in a manner that substantially affects\nthe private interest and the officer is reckless in relation to that\n(c) the officer had a reasonable opportunity to disclose the private\ninterest to an appropriate person; and\n(d) the officer fails to disclose the private interest to an\nappropriate person and is reckless in relation to that failure;\nand\n(e) the conduct mentioned in paragraph (d) is improper.\n(3) Absolute liability applies to subsection (1)(e).\n(4) A public officer commits an offence if:\n(a) the officer knowingly holds a private interest; and\n(b) the officer:\n(i) intentionally exercises the officer's duties or functions as\na public officer in a manner that materially affects the\nprivate interest; and\n(ii) obtains a benefit as a result of the conduct mentioned in\nsubparagraph (i); and\n(iii) is reckless in relation to that result; and\n(c) the officer fails to disclose the private interest to an\nappropriate person and is reckless in relation to that failure;\nand\n\nCriminal Code Act 1983 99\n(d) the conduct mentioned in paragraphs (b) and (c) is improper.\nExamples for subsection (4)(b)\n(a) the officer influences the performance or management of, or influences the\ndecision whether to enter into or terminate, a contract or agreement made\non account of the public sector that affects the value of a business in which\nthe officer is a partner; or\n(b) the officer influences a decision to refuse a licence to a business that is a\ncompetitor with a business which owes the officer money.\n(5) Absolute liability applies to subsection (4)(d).\n(6) This section does not apply to a person who is a public officer by\nthe sole reason of being a member, officer or employee of a public\nbody mentioned in section 16(1)(l) of the Independent\nCommissioner Against Corruption Act 2017.\nappropriate person means one of the following:\n(a) for a public officer who is a public sector employee – the Chief\nExecutive Officer of the Agency in, or in relation to, which the\npublic officer is employed or engaged;\n(b) for a public officer who is not a public sector employee or a\nChief Executive Officer – the Chief Executive Officer of the\nAgency in, or in relation to, which the public officer is\nemployed or engaged;\n(c) for a public officer who holds an office established under an\nAct and is not a public sector employee – the minister\nadministering that Act;\n(d) for a public officer mentioned in section 16(2)(f) of the\nIndependent Commissioner Against Corruption Act 2017 – the\nperson mentioned in section 16(2)(a) to (e) of that Act by\nwhom, or on behalf of whom, the public officer is engaged;\n(e) for a public officer who is a Chief Executive Officer of an\nAgency – the minister responsible for that Agency;\n(f) for a minister other than the Chief Minister – the Chief\nMinister;\n(g) for the Chief Minister – the Administrator;\n\nCriminal Code Act 1983 100\n(h) for a member of the Legislative Assembly other than the\nSpeaker – the Speaker;\n(i) for the Speaker – the Deputy Speaker;\n(j) for a police officer other than the Commissioner of Police – the\nCommissioner of Police;\n(k) for the Chief Justice – the next most senior Supreme Court\nJudge;\n(l) for the Chief Judge – the Chief Justice;\n(m) for any other Local Court Judge – the Chief Judge;\n(n) for the President of the Civil and Administrative Tribunal (the\nTribunal) – the Chief Judge;\n(o) for any member of the Tribunal who is a judicial officer – the\nChief Judge;\n(p) for any other member of the Tribunal – the President of the\nTribunal;\n(q) for the Territory Coroner – the Chief Judge;\n(r) for the Deputy Coroner – the Territory Coroner;\n(s) for a public officer who is an employee of a local government\ncouncil other than the CEO (as defined in section 7 of the\nLocal Government Act 2019) of that council – the CEO of that\ncouncil;\n(t) for the CEO of a local government council – the principal\nmember (as defined in section 7 of the Local Government\nAct 2019) of that council;\n(u) for a member of a local government council other than the\nprincipal member – the principal member;\n(v) for the principal member of a local government council – the\nCEO of that council.\nprivate interest means a legal or financial interest that is held\ndirectly or indirectly.\n\nCriminal Code Act 1983 101\n","sortOrder":111},{"sectionNumber":"80","sectionType":"section","heading":"Abuse of office – improper conduct","content":"80 Abuse of office – improper conduct\n(a) the officer:\n(i) intentionally provides, certifies or approves a document\nthat is false in a material particular; or\n(ii) intentionally modifies a document so that it is false in a\nmaterial particular; and\n(b) the material particular mentioned in paragraph (a) relates to\neither of the following circumstances and the officer has\nknowledge of that circumstance:\n(i) the expenditure of public money;\n(ii) the rights of a person; and\n(2) For subsection (1)(b), a material particular relates to the\nexpenditure of public money if it relates to one or more of the\n(a) remuneration payable, or claimed to be payable, to any\n(b) payment of money;\n(c) delivery of goods or services;\n(d) records or documents made for any accounting purposes,\nfinancial purpose or other similar purpose.\nNote for section 80\nIf false information is provided for the purpose of gain to the public officer, the\noffence of false accounting under section 233 may be applicable.\n","sortOrder":112},{"sectionNumber":"81","sectionType":"section","heading":"Abuse of office – arbitrary and prejudicial conduct","content":"81 Abuse of office – arbitrary and prejudicial conduct\n(a) the officer intentionally engages in conduct; and\n\nCriminal Code Act 1983 102\n(b) the conduct is intentionally arbitrary or an abuse of process;\nand\n(c) the conduct is prejudicial to the rights of another person and\nthe officer is reckless in relation to that circumstance; and\n(d) the conduct is improper.\n(2) Absolute liability applies to subsection (1)(d).\n(3) A public officer commits an offence if:\n(a) the officer intentionally engages in conduct; and\n(b) the conduct is intentionally arbitrary or an abuse of process;\nand\n(c) the conduct is prejudicial to the rights of another person and\nthe officer is reckless in relation to that circumstance; and\n(e) the conduct is engaged in with the intention of obtaining a\n","sortOrder":113},{"sectionNumber":"83","sectionType":"section","heading":"Corruption of surveyor or valuer","content":"83 Corruption of surveyor or valuer\nAny person who, being duly appointed under any statute to be a\nsurveyor or valuer for determining the compensation to be paid to\nany person for land compulsorily taken from him under the authority\nof any statute, or for injury done to any land under the authority of\nany statute:\n(a) acts as such surveyor or valuer while he has, to his\nknowledge, an interest in the land in question; or\n(b) executes unfaithfully, dishonestly or with partiality the duty of\nsurveying the land or making a valuation of the land or of the\nextent of the injury,\n\nCriminal Code Act 1983 103\n","sortOrder":114},{"sectionNumber":"85","sectionType":"section","heading":"False assumption of authority","content":"85 False assumption of authority\n(a) not being a justice of the peace, assumes to act as a justice of\nthe peace; or\n(b) without authority, assumes to act as a person having authority\nby law to administer an oath, witness an affidavit or\ndeclaration or to do any other act of a public nature that can\nonly be done by persons authorized by law to do so; or\n(c) represents himself to be a person authorized by law to sign a\ndocument testifying to the contents of any register or record\nkept by lawful authority, or testifying to any fact or event, and\nsigns such document as being so authorized when he is not\nand knows he is not, in fact, so authorized,\n","sortOrder":115},{"sectionNumber":"86","sectionType":"section","heading":"Personating public officers","content":"86 Personating public officers\n(a) personates any person employed in the public service on an\noccasion when the latter is required to do any act or attend in\nany place by virtue of his employment; or\n(b) falsely represents himself to be a person employed in the\npublic service and assumes to do any act or to attend in any\nplace for the purpose of doing any act by virtue of such\nemployment,\n","sortOrder":116},{"sectionNumber":"86A","sectionType":"section","heading":"Alternative verdicts","content":"86A Alternative verdicts\n(1) This section applies if, in a proceeding against a person charged\nwith an offence against section 77(1) (the prosecuted offence),\nthe trier of fact:\ncommitted an offence against section 77(1); but\ncommitted any offence in this Division (an alternative\noffence).\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\n\nCriminal Code Act 1983 104\n","sortOrder":117},{"sectionNumber":"87","sectionType":"section","heading":"Undue influence","content":"87 Undue influence\n(a) uses or threatens to use any force or restraint, or does or\nthreatens to do any temporal or spiritual injury, or causes or\nthreatens to cause any detriment of any kind, to an elector in\norder to induce him to vote in a particular manner or to refrain\nfrom voting at an election or on account of his having voted at\nan election; or\n(b) by force or fraud prevents or obstructs the free exercise of the\nfranchise of an elector, or by any such means compels or\ninduces an elector to vote in a particular manner or to refrain\nfrom voting at an election,\n","sortOrder":118},{"sectionNumber":"88","sectionType":"section","heading":"Bribery","content":"88 Bribery\n(a) gives, confers or procures, or promises or offers to give or\nconfer or to procure or attempt to procure, to, upon or for any\nperson any property or benefit of any kind on account of\nanything already done or omitted to be done, or to be\nafterwards done or omitted to be done, by an elector at an\nelection in the capacity of an elector or in order to induce any\nperson to endeavour to procure the return of any person at an\nelection, or the vote of any elector at an election;\n(b) being an elector, asks, receives or obtains, or agrees or\nattempts to receive or obtain, any property or benefit of any\nkind for himself or any other person on account of anything\nalready done or omitted to be done, or to be afterwards done\nor omitted to be done, by him at an election in the capacity of\nan elector;\n(c) asks, receives or obtains, or agrees or attempts to receive or\nobtain, any property or benefit of any kind for himself or any\nother person on account of a promise made by him or any\nother person to endeavour to procure the return of any person\nat an election, or the vote of any person at an election; or\n(d) advances or pays any money to or for the benefit of any other\nperson with the intent that such money shall be applied for any\nof the purposes mentioned in paragraph (a), (b) or (c), or in\n\nCriminal Code Act 1983 105\ndischarge or repayment of money wholly or in part applied for\nany such purpose,\n","sortOrder":119},{"sectionNumber":"89","sectionType":"section","heading":"Further penalty for corrupt practices","content":"89 Further penalty for corrupt practices\n(1) Any person found guilty of an offence against section 87 or 88 with\nrespect to an election of the Legislative Assembly becomes\nincapable for 3 years from the date of the finding of guilt of voting at\nany such election or of holding any judicial office and, if he holds\nany such office, the office is vacated.\n(2) He also becomes incapable for the like period of being elected to or\nof sitting in the Legislative Assembly; and, if at the time of the\nfinding of guilt he is a member of it, his seat is vacated.\n(3) Any person found guilty of such an offence committed with respect\nto a local government election becomes incapable, for 2 years from\nthe date of the finding of guilt, of holding any local government\noffice and, if he holds any such office, the office is vacated.\n","sortOrder":120},{"sectionNumber":"90","sectionType":"section","heading":"Illegal practices","content":"90 Illegal practices\n(a) being prohibited by law from voting at an election and knowing\nthat he is so prohibited votes at the election;\n(b) procures any person who is, and whom he knows to be,\nprohibited from voting at an election to vote at the election;\n(c) before or during an election, and for the purpose of promoting\nor procuring the choice of any candidate at the election,\nknowingly publishes a false statement of the withdrawal of\nanother candidate at the election;\n(d) before or during an election, and for the purpose of affecting\nthe return of a candidate at the election, knowingly publishes a\nfalse statement of fact respecting the personal character or\nconduct of the candidate;\n(e) being a candidate at an election withdraws from being a\ncandidate in consideration of a payment or promise of\npayment; or\n\nCriminal Code Act 1983 106\n(f) being a candidate or the agent of a candidate at an election\ncorruptly procures any other person to withdraw from being a\ncandidate at the election in consideration of any payment or\npromise of payment,\n","sortOrder":121},{"sectionNumber":"91","sectionType":"section","heading":"Placing false ballot-papers in ballot-boxes","content":"91 Placing false ballot-papers in ballot-boxes\nAny person who places in a ballot-box a ballot-paper that has not\nbeen lawfully handed to and marked by an elector is guilty of an\noffence and is liable to imprisonment for 7 years.\nDivision 4 Selling and trafficking in offices\n","sortOrder":122},{"sectionNumber":"92","sectionType":"section","heading":"Bargaining for offices in public service","content":"92 Bargaining for offices in public service\n(a) corruptly asks, receives or obtains, or agrees or attempts to\nreceive or obtain, any property or benefit of any kind for\nhimself or any other person on account of anything already\ndone or omitted to be done, or to be afterwards done or\nomitted to be done, by him or any other person with regard to\nthe appointment or contemplated appointment of any person\nto any office or employment in the Public Sector, or with\nregard to any application by any person for employment in the\nPublic Sector; or\nfor any person, any property or benefit of any kind on account\nof any such act or omission,\n","sortOrder":123},{"sectionNumber":"93","sectionType":"section","heading":"Judicial corruption","content":"93 Judicial corruption\n(a) being the holder of a judicial office, corruptly asks, receives or\nobtains, or agrees or attempts to receive or obtain, any\nproperty or benefit of any kind for himself or any other person\non account of anything already done or omitted to be done, or\nto be afterwards done or omitted to be done, by him in his\njudicial capacity; or\n\nCriminal Code Act 1983 107\nfor any person holding a judicial office, or to, upon or for any\nother person, any property or benefit of any kind on account of\nany such act or omission on the part of the person holding the\njudicial office,\n(2) In subsection (1), holder of a judicial office means a person who\nby himself or with another or others conducts judicial proceedings.\n(3) A prosecution of an offence against subsection (1) cannot be begun\nexcept by the direction of a Crown Law Officer.\n","sortOrder":124},{"sectionNumber":"94","sectionType":"section","heading":"Official corruption not judicial but relating to offences","content":"94 Official corruption not judicial but relating to offences\n(a) being a justice of the peace not acting judicially, or being a\nperson employed in the public service in any capacity not\njudicial for the prosecution, detention or punishment of\noffenders, corruptly asks, receives or obtains, or agrees or\nattempts to receive or obtain, any property or benefit of any\nkind for himself or any other person on account of anything\nalready done or omitted to be done, or to be afterwards done\nor omitted to be done, by him with a view to corrupt or\nimproper interference with the due administration of justice, or\nthe procurement or facilitation of the commission of any\noffence, or the protection of any offender or intending offender\nfrom detection or punishment; or\nfor any such person, or to, upon or for any other person, any\nproperty or benefit of any kind on account of any such act or\nomission on the part of the justice of the peace or other\nperson so employed,\n","sortOrder":125},{"sectionNumber":"95","sectionType":"section","heading":"Corrupting or threatening jurors","content":"95 Corrupting or threatening jurors\n(a) attempts by menaces of any kind, or benefits or promises of\nbenefit of any kind, or by other corrupt means, to influence any\nperson, whether a particular person or not, in his conduct as a\njuror in any judicial proceedings, whether he has taken the\n\nCriminal Code Act 1983 108\noath as a juror or not; or\n(b) threatens to do any injury or cause any detriment of any kind\nto any person on account of anything done by him as a juror in\nany judicial proceedings; or\n(c) accepts any benefit or promise of benefit on account of\nanything to be done by him as a juror in any judicial\nproceedings, whether he has taken the oath as a juror or not,\nor on account of anything already done by him as a juror in\nany judicial proceedings,\n","sortOrder":126},{"sectionNumber":"96","sectionType":"section","heading":"Perjury","content":"96 Perjury\n(1) Any person who in any judicial proceedings, or for the purpose of\ninstituting any judicial proceedings, knowingly gives false testimony\ntouching any matter that is material to any question then depending\nin the proceedings, or intended to be raised in the proceedings, is\nguilty of an offence that is called perjury.\n(2) It is immaterial whether the testimony is given on oath or under any\nother sanction authorized by law.\n(3) The forms and ceremonies used in administering the oath or in\notherwise binding the person giving the testimony to speak the truth\nare immaterial if he assents to the forms and ceremonies actually\nused.\n(4) It is immaterial whether the false testimony is given orally or in\nwriting.\n(5) It is immaterial whether the court or tribunal is properly constituted,\nor is held in the proper place or not, if it actually acts as a court or\ntribunal in the proceedings in which the testimony is given.\n(6) It is immaterial whether the person who gives the testimony is a\ncompetent witness or not, or whether the testimony is admissible in\nthe proceedings or not.\n","sortOrder":127},{"sectionNumber":"97","sectionType":"section","heading":"Punishment of perjury","content":"97 Punishment of perjury\n(1) Any person who commits perjury is guilty of an offence and is liable\n(2) If the offender commits the offence in order to procure the finding of\nguilt of another person for an offence punishable with imprisonment\nfor life, he is liable to imprisonment for life.\n\nCriminal Code Act 1983 109\n","sortOrder":128},{"sectionNumber":"98","sectionType":"section","heading":"Evidence on charge of perjury","content":"98 Evidence on charge of perjury\nA person cannot be found guilty of committing perjury or of\ncounselling or procuring the commission of perjury upon the\nuncorroborated testimony of one witness.\n","sortOrder":129},{"sectionNumber":"99","sectionType":"section","heading":"Fabricating evidence","content":"99 Fabricating evidence\nAny person who, with intent to mislead in any judicial proceedings:\n(a) fabricates evidence by any means other than perjury or\ncounselling or procuring the commission of perjury; or\n(b) knowingly makes use of such fabricated evidence,\n","sortOrder":130},{"sectionNumber":"100","sectionType":"section","heading":"Corruption of witnesses","content":"100 Corruption of witnesses\n(a) gives, confers or procures, or promises or offers to give or\nconfer or to procure or attempt to procure, any property or\nbenefit of any kind to, upon or for any person upon any\nagreement or understanding that any person called or to be\ncalled as a witness in any judicial proceedings shall give false\ntestimony or withhold true testimony;\n(b) attempts by any other means to induce a person called or to\nbe called as a witness in any judicial proceedings to give false\ntestimony or to withhold true testimony; or\n(c) asks, receives or obtains, or agrees or attempts to receive or\nobtain, any property or benefit of any kind for himself or any\nother person upon any agreement or understanding that any\nperson shall, as a witness in any judicial proceedings, give\nfalse testimony or withhold true testimony,\n","sortOrder":131},{"sectionNumber":"101","sectionType":"section","heading":"Deceiving witnesses","content":"101 Deceiving witnesses\nAny person who practises any fraud or deceit on, or knowingly\nmakes or exhibits any false statement, representation or writing to,\nany person called or to be called as a witness in any judicial\nproceedings with intent to affect the testimony of such person as a\nwitness, is guilty of an offence and is liable to imprisonment for\n\nCriminal Code Act 1983 110\n","sortOrder":132},{"sectionNumber":"102","sectionType":"section","heading":"Destroying evidence","content":"102 Destroying evidence\nAny person who, knowing that any book, document, tape recording,\nphotograph or other thing of any kind is or may be required in\nevidence in judicial proceedings, destroys it or renders it illegible or\nundecipherable or incapable of identification with intent thereby to\nprevent it from being used in evidence, is guilty of an offence and is\n","sortOrder":133},{"sectionNumber":"103","sectionType":"section","heading":"Preventing witnesses from attending","content":"103 Preventing witnesses from attending\nAny person who prevents or attempts to prevent any person whom\nhe knows has been duly summoned to attend as a witness before\nany court or tribunal from attending as a witness, or from producing\nanything in evidence pursuant to a subpoena or summons, is guilty\nof an offence and is liable to imprisonment for 3 years.\n","sortOrder":134},{"sectionNumber":"103A","sectionType":"section","heading":"Threats or reprisals relating to persons involved in criminal","content":"103A Threats or reprisals relating to persons involved in criminal\ninvestigations or judicial proceedings or against public\nofficers\n(1) A person must not do any of the following with the intention of\ninducing a person who is, or may be, involved in a criminal\ninvestigation or judicial proceedings, to act or not to act in a way\nthat might influence the outcome of the investigation or\nproceedings:\n(b) intends to induce a person to act or not to act in a way that\nmight influence the outcome of a criminal investigation or\njudicial proceedings; and\n\nCriminal Code Act 1983 111\n(c) knows, or is reckless as to whether, the person is or may be\ninvolved in the investigation or proceedings.\n(2) A person must not do any of the following on account of anything\nsaid or done by a person involved in a criminal investigation or\njudicial proceedings in good faith in the conduct of the investigation\nor proceedings:\n(b) has knowledge of the thing said or done by a person involved\nin a criminal investigation or judicial proceedings in the\nconduct of the investigation or proceedings.\n(3) A person must not do any of the following with the intention of\ninfluencing the manner in which a public officer discharges or\nperforms his or her official duties or functions:\n\nCriminal Code Act 1983 112\n(b) intends to influence the manner in which a public officer\ndischarges or performs his or her official duties or functions;\nand\n(c) knows, or is reckless as to whether, the person is a public\nofficer.\n(4) A person must not do any of the following on account of anything\nsaid or done by a public officer in good faith in the discharge or\nperformance, or purported discharge or performance, of his or her\nofficial duties or functions:\n(b) has knowledge of the thing said or done by a public officer in\ngood faith in the discharge or performance or purported\ndischarge or performance of his or her official duties or\nfunctions.\n\nCriminal Code Act 1983 113\n(5) For this section:\n(a) a person is involved in a criminal investigation if the person\nis involved in such an investigation as a witness, victim or\nlegal practitioner or is otherwise assisting police with their\ninquiries; and\n(b) a person is involved in judicial proceedings, whether the\nproceedings are in progress or are proceedings that are to be,\nor may be, instituted at a later time, if the person is:\n(i) a judicial officer or other officer at the proceedings; or\n(ii) involved in the proceedings as a witness, juror (whether\nthe person has taken the oath as a juror or not) or legal\npractitioner.\nTerritory instrumentality means:\n(a) an Agency or instrumentality of the Territory; or\n(b) any body (whether or not incorporated) that is established by\nor under an Act and:\n(i) is comprised of persons, or has a governing body\ncomprised of persons, a majority of whom are appointed\nby the Administrator, a minister or an Agency or\ninstrumentality of the Territory; or\n(ii) is subject to control or direction by a minister.\n","sortOrder":135},{"sectionNumber":"104","sectionType":"section","heading":"Compounding indictable offences","content":"104 Compounding indictable offences\n(1) Any person who asks, receives or obtains, or agrees or attempts to\nreceive or obtain, any property or benefit of any kind for himself or\nany other person upon any agreement or understanding that he will\ncompound or conceal an indictable offence, or will abstain from,\ndiscontinue or delay a prosecution for an indictable offence, or will\nwithhold any evidence thereof, is guilty of an offence.\n(2) If the indictable offence is such that a person found guilty of it is\nliable to be sentenced to imprisonment for life, the offender is liable\nto imprisonment for 7 years.\n(3) In any other case, the offender is liable to imprisonment for 3 years.\n\nCriminal Code Act 1983 114\n","sortOrder":136},{"sectionNumber":"105","sectionType":"section","heading":"Compounding penal actions","content":"105 Compounding penal actions\nAny person who, having brought, or under pretence of bringing, an\naction against another person upon a penal statute in order to\nobtain from him a penalty for any offence committed or alleged to\nhave been committed by him, compounds the action without the\norder or consent of the court in which the action is brought or is to\nbe brought is guilty of an offence and is liable to imprisonment for\none year.\n","sortOrder":137},{"sectionNumber":"106","sectionType":"section","heading":"Delay in taking person arrested before court","content":"106 Delay in taking person arrested before court\nAny person who, except as permitted by law, having arrested\nanother, deliberately delays bringing him before a court to be dealt\nwith according to law is guilty of an offence and is liable to\n","sortOrder":138},{"sectionNumber":"107","sectionType":"section","heading":"Bringing fictitious action on penal statute","content":"107 Bringing fictitious action on penal statute\nAny person who, in the name of a fictitious plaintiff, or in the name\nof a real person, but without his authority, brings an action against\nanother person upon a penal statute for the recovery of a penalty\nfor any offence committed or alleged to have been committed by\nhim is guilty of an offence and is liable to imprisonment for 2 years.\n","sortOrder":139},{"sectionNumber":"108","sectionType":"section","heading":"Inserting advertisement without authority of court","content":"108 Inserting advertisement without authority of court\nAny person who, without authority, or knowing the advertisement to\nbe false in any material particular, inserts or causes to be inserted\nin the Gazette or in any newspaper an advertisement purporting to\nbe published under the authority of any court or tribunal is guilty of\nan offence and is liable to imprisonment for 2 years.\n","sortOrder":140},{"sectionNumber":"109","sectionType":"section","heading":"Attempting to pervert justice","content":"109 Attempting to pervert justice\nAny person who attempts, in any way not specially defined by this\nCode, to obstruct, prevent, pervert or defeat the course of justice is\nguilty of an offence and is liable to imprisonment for 15 years.\n","sortOrder":141},{"sectionNumber":"110","sectionType":"section","heading":"Forcibly rescuing certain offenders","content":"110 Forcibly rescuing certain offenders\nAny person who by force rescues or attempts to rescue from lawful\ncustody an offender under sentence for the offence of murder or\nterrorism, or a person committed into the custody of the\nCommissioner of Correctional Services on such a charge, is guilty\nof an offence and is liable to imprisonment for life.\n\nCriminal Code Act 1983 115\n","sortOrder":142},{"sectionNumber":"111","sectionType":"section","heading":"Aiding escape from lawful custody","content":"111 Aiding escape from lawful custody\n(a) aids a person in escaping or attempting to escape from lawful\ncustody, confinement or detention; or\n(b) conveys anything or causes anything to be conveyed into a\ncustodial correctional facility with intent to facilitate the escape\nof a prisoner,\n","sortOrder":143},{"sectionNumber":"112","sectionType":"section","heading":"Escape from lawful custody","content":"112 Escape from lawful custody\n(a) is a prisoner in lawful custody following his arrest or conviction\nfor an offence; or\n(aa) is in custody under a continuing detention order under the\nSerious Sex Offenders Act 2013; or\n(b) is lawfully confined or detained otherwise than as referred to in\nparagraph (a);\nand who escapes from such custody, confinement or detention, is\nguilty of an offence.\n(2) If the offence upon which a person referred to in subsection (1)(a)\nhas been arrested or convicted:\n(a) is an indictable offence – the person is liable to imprisonment\nfor 3 years; or\n(b) is a summary offence – the person is liable to imprisonment\nfor one year.\n(2AA) A person who commits an offence against subsection (1)(aa) is\n(2A) A person who commits an offence against subsection (1)(b) is liable\nto imprisonment for 12 months.\n(3) The offender may be tried, found guilty and punished\nnotwithstanding that at the time of his apprehension or trial the term\nof his original custody, confinement or detention has expired.\n\nCriminal Code Act 1983 116\n","sortOrder":144},{"sectionNumber":"113","sectionType":"section","heading":"Permitting escape","content":"113 Permitting escape\nAny person who, being a correctional services officer or a police\nofficer and being charged with the custody of a prisoner or a person\nunder arrest upon a charge of an offence, permits him to escape\nfrom custody is guilty of an offence and is liable to imprisonment for\n","sortOrder":145},{"sectionNumber":"114","sectionType":"section","heading":"Harbouring escaped prisoners","content":"114 Harbouring escaped prisoners\nAny person who harbours, maintains or employs a person who is,\nto his knowledge, an offender under sentence by any court of the\nTerritory, the Commonwealth or a State or another Territory of the\nCommonwealth involving deprivation of liberty and unlawfully at\nlarge, is guilty of an offence and is liable to imprisonment for\n2 years.\n","sortOrder":146},{"sectionNumber":"115","sectionType":"section","heading":"Rescuing mentally ill persons","content":"115 Rescuing mentally ill persons\n(a) rescues any person during his conveyance as a mentally ill\nperson to a hospital or other institution for the mentally ill or to\na custodial correctional facility, or rescues any person during\nhis confinement as a mentally ill person in any such place;\n(b) being in charge of a person during his conveyance as a\nmentally ill person to any such place permits him to escape\nfrom custody;\n(c) being a superintendent of, or person employed in, any such\nplace permits a person confined therein as a mentally ill\nperson to escape therefrom; or\n(d) conceals any such person as aforesaid who has, to his\nknowledge, been rescued during such conveyance or\nconfinement or has, to his knowledge, escaped during such\nconveyance or from such confinement,\n","sortOrder":147},{"sectionNumber":"116","sectionType":"section","heading":"Removing, &c., property under lawful seizure","content":"116 Removing, &c., property under lawful seizure\nAny person who, when any property has been attached or taken\nunder the process or authority of any court of justice, knowingly and\nwith intent to hinder or defeat the attachment or process, receives,\nremoves, retains, conceals or disposes of such property is guilty of\nan offence and is liable to imprisonment for 3 years.\n\n","sortOrder":148},{"sectionNumber":"Div 7","sectionType":"division","heading":"Miscellaneous offences against public authority","content":"Division 7 Miscellaneous offences against public authority\nCriminal Code Act 1983 117\n","sortOrder":149},{"sectionNumber":"117","sectionType":"section","heading":"Obstructing officers of courts of justice","content":"117 Obstructing officers of courts of justice\nAny person who obstructs or resists any person lawfully charged\nwith the execution of an order or warrant of any court of justice is\nguilty of an offence and is liable to imprisonment for 3 years.\nDivision 7 Miscellaneous offences against public authority\n","sortOrder":150},{"sectionNumber":"118","sectionType":"section","heading":"False statements in statements required to be under oath or","content":"118 False statements in statements required to be under oath or\nsolemn declaration\nAny person who, on any occasion on which a person making a\nstatement touching any matter is required by law to make it on oath\nor under some sanction that may by law be substituted for an oath,\nor is required to verify it by solemn declaration, makes a statement\ntouching such matter that, in any material particular, is to his\nknowledge false and verifies it on oath or under such other sanction\nor by solemn declaration, is guilty of an offence and is liable to\n","sortOrder":151},{"sectionNumber":"119","sectionType":"section","heading":"False declarations and statements","content":"119 False declarations and statements\nAny person who, on any occasion on which he or she is permitted\nor required by law:\n(a) to make a statutory declaration or an unattested declaration as\nprovided for in the Oaths, Affidavits and Declarations\nAct 2010; or\n(b) to make a statement or declaration of any other kind before\nany person authorised by law to permit it to be made before\nhim or her;\nmakes such a declaration or statement that, in any material\nparticular, is to his or her knowledge false, is guilty of an offence\nand is liable to imprisonment for 3 years.\n","sortOrder":152},{"sectionNumber":"120","sectionType":"section","heading":"Evidence","content":"120 Evidence\nA person cannot be found guilty of committing or counselling or\nprocuring the commission of an offence against sections 118\nand 119 upon the uncorroborated testimony of one witness.\n","sortOrder":153},{"sectionNumber":"121","sectionType":"section","heading":"Resisting public officers","content":"121 Resisting public officers\nAny person who in any manner obstructs or resists any public\nofficer while engaged in the discharge or attempted discharge of\nthe duties of his office under any statute, or obstructs or resists any\nperson while engaged in the discharge or attempted discharge of\n\nCriminal Code Act 1983 118\nany duty imposed on him by any statute, is guilty of an offence and\nis liable to imprisonment for 2 years.\n","sortOrder":154},{"sectionNumber":"122","sectionType":"section","heading":"Refusal by public officer to perform duty","content":"122 Refusal by public officer to perform duty\nAny person who, being employed in the public service or as an\nofficer of any court or tribunal, perversely and without reasonable\nexcuse omits or refuses to do any act that it is his duty to do by\nvirtue of his employment is guilty of an offence and is liable to\n","sortOrder":155},{"sectionNumber":"123","sectionType":"section","heading":"Neglect to aid in suppressing riot","content":"123 Neglect to aid in suppressing riot\nAny person who, having reasonable notice that he is required to\nassist any police officer in suppressing a riot, without reasonable\nexcuse omits to do so, is guilty of an offence and is liable to\nimprisonment for one year.\n","sortOrder":156},{"sectionNumber":"124","sectionType":"section","heading":"Neglect to aid in arresting offenders, &c.","content":"124 Neglect to aid in arresting offenders, &c.\nAny person who, having reasonable notice that he is required to\nassist any police officer in arresting any person, or in preserving the\npeace, without reasonable excuse omits to do so, is guilty of an\noffence and is liable to imprisonment for one year.\n","sortOrder":157},{"sectionNumber":"125","sectionType":"section","heading":"Offering violence to officiating ministers of religion","content":"125 Offering violence to officiating ministers of religion\n(a) by threats or force prevents or attempts to prevent any\nminister of religion from lawfully officiating in any place of\nreligious worship, or from performing his duty in the lawful\nburial or disposal of human remains under the Burial and\nCremation Act 2022;\n(b) by threats or force obstructs or attempts to obstruct any\nminister of religion while so officiating or performing his duty;\nor\n(c) assaults or, upon or under the pretence of executing any civil\nprocess, arrests any minister of religion who is engaged in or\nis, to the knowledge of the offender, about to engage in any of\nthe offices or duties referred to in paragraph (a) or who is, to\nthe knowledge of the offender, going to perform the same or\nreturning from the performance thereof,\n\nCriminal Code Act 1983 119\nis guilty of an offence and is liable to imprisonment for 2 years.\n","sortOrder":158},{"sectionNumber":"Div 2","sectionType":"division","heading":"Child abuse material and other offensive material","content":"Division 2 Child abuse material and other offensive material\nand articles\n","sortOrder":159},{"sectionNumber":"125A","sectionType":"section","heading":"Interpretation","content":"125A Interpretation\nanimal sexual abuse or animal crush material means material:\n(a) that depicts, describes or represents:\n(i) a person sexually involved with an animal; or\n(ii) an animal being crushed, burned, drowned, suffocated,\nimpaled or otherwise killed or subjected to serious injury\nor torture; and\n(b) that a reasonable adult would regard in all the circumstances\nas being intended or apparently intended to:\n(i) excite or gratify a sexual interest; or\n(ii) excite or gratify a sadistic or other perverted interest in\nviolence or cruelty.\narticle includes any thing:\n(a) that contains or embodies matter to be read or looked at;\n(b) that is to be looked at;\n(c) that is a record; or\n(d) that can be used, either alone or as one of a set, for the\nproduction or manufacture of any thing referred to in\nparagraphs (a), (b) or (c),\nbut does not include:\n(e) a film that is classified (other than as RC) under the\nCommonwealth Act;\n(f) a publication that is classified Unrestricted, Category 1\nrestricted or Category 2 restricted under the Commonwealth\nAct;\n(g) a computer game that is classified (other than as RC) under\nthe Commonwealth Act; or\n\nCriminal Code Act 1983 120\n(h) a film, publication or computer game that is the subject of an\nexemption under Part 10 of the Classification of Publications,\nchild abuse material means material that depicts, describes or\nrepresents, in a manner that is likely to cause offence to a\nreasonable adult, a person who is a child or who appears to be a\nchild:\n(a) engaging in sexual activity;\n(b) in a sexual, offensive or demeaning context; or\n(c) being subjected to torture, cruelty or abuse,\nbut does not include:\n(d) a film, publication or computer game that is classified (other\nthan as RC) under the Commonwealth Act; or\n(e) a film, publication or computer game that is the subject of an\nexemption under Part X of the Classification of Publications,\nClassification Board means the Classification Board established\nunder the Commonwealth Act.\nclassified means classified under the Commonwealth Act.\nCommonwealth Act means the Classification (Publications, Films\nand Computer Games) Act 1995 (Cth).\ncomputer game, film and publication have the same meaning as\nin the Commonwealth Act.\nindecent article means an article that:\n(a) promotes crime or violence, or incites or instructs in matters of\ncrime or violence; or\n(b) depicts, describes or represents, in a manner that is likely to\ncause offence to a reasonable adult:\n(i) the use of violence or coercion to compel a person to\nparticipate in, or submit to, sexual conduct; or\n(ii) sexual conduct with or on the body of a dead person; or\n(iii) the use of urine or excrement in association with\ndegrading or dehumanising conduct or sexual conduct;\nor\n\nCriminal Code Act 1983 121\n(iv) a person sexually involved with an animal; or\n(v) acts of torture or the infliction of extreme violence or\nextreme cruelty; or\n(vi) a person (whether or not engaged in sexual activity) who\nis a child who has not attained the age of 16 years or\nwho looks like a child who has not attained that age.\nlaw enforcement agency has the same meaning as in the Criminal\nRecords (Spent Convictions) Act 1992.\nperson includes part of a person.\npornographic or abusive performance means any performance\nby a person:\n(a) engaging in sexual activity;\n(b) in a sexual, offensive or demeaning context; or\n(c) being subject to torture, cruelty or abuse,\nthat is likely to cause offence to a reasonable adult.\npublish includes:\n(a) distribute, disseminate, circulate, deliver, exhibit, lend for gain,\nexchange, barter, sell, offer for sale, let on hire or offer to let\non hire;\n(b) have in possession or custody, or under control, for the\npurpose of doing an act referred to in paragraph (a); or\n(c) print, photograph or make in any other manner (whether of the\nsame or of a different kind or nature): for the purpose of doing\nsuch an act.\nrecord means a gramophone record or a wire or tape, or a film,\nand any other thing of the same or of a different kind or nature, on\nwhich is recorded a sound or picture and from which, with the aid of\na suitable apparatus, the sound or picture can be produced\n(whether or not it is in a distorted or altered form).\nsell has the same meaning as in the Classification of Publications,\nsenior rank means a rank of or above the rank of Commander.\n\nCriminal Code Act 1983 122\n(2) A reference in this Division to a classification in relation to a film,\npublication or computer game is a reference to its classification (or,\nas the case may be, that it is unclassified) under the\nCommonwealth Act.\n(3) For this Division, the phrase material that depicts, describes or\nrepresents includes material that contains data from which text,\nvisual images or sound can be generated.\n125AB Child abuse material, animal sexual abuse or animal crush\nmaterial and related articles may be destroyed\n(1) This section applies if any of the following things are seized by a\npolice officer:\n(a) child abuse material or animal sexual abuse or animal crush\nmaterial;\n(b) an article that contains child abuse material or animal sexual\nabuse or animal crush material;\n(c) an article that a police officer of a senior rank reasonably\nbelieves contains child abuse material or animal sexual abuse\nor animal crush material.\n(2) A police officer of a senior rank may authorise the forfeiture and\ndestruction by a police officer of the thing.\n(3) Subsection (2) applies whether or not a person has been charged,\nor is to be charged with an offence in relation to the thing.\n(4) The thing may be destroyed at the place at which it was forfeited or\nat any other place that a police officer of a senior rank thinks fit.\n(5) If the operation of this section would, apart from this subsection,\nresult in an acquisition of property from a person otherwise than on\njust terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n\nCriminal Code Act 1983 123\n125AC Article containing child abuse material or animal sexual abuse\nor animal crush material may be returned\n(1) If an article that contains, or is believed to contain, child abuse\nmaterial or animal sexual abuse or animal crush material is forfeited\nby a police officer under section 125AB, a police officer of a senior\nrank may authorise a police officer to return the article to the owner\nof the article.\n(2) The authorisation must not be given unless the police officer of a\nsenior rank is satisfied the child abuse material or animal sexual\nabuse or animal crush material has been removed from the article.\n","sortOrder":160},{"sectionNumber":"125B","sectionType":"section","heading":"Production, possession etc. of child abuse material","content":"125B Production, possession etc. of child abuse material\n(a) the person intentionally produces, sells, distributes or\npossesses, or offers or advertises for sale or distribution,\nmaterial; and\n(b) the material is child abuse material and the person is reckless\nin relation to that circumstance.\n(a) for an individual – imprisonment for 10 years; or\n(b) for a body corporate – 10 000 penalty units.\n(a) is a member or officer of a law enforcement agency or a court\nwho has child abuse material in the member's or officer's\npossession in the exercise of a power or performance of a\nfunction conferred or imposed on the member or officer by or\nunder an Act or law; or\n(b) has child abuse material in the defendant's possession in the\nexercise of a power, or performance of a function, relating to\nthe classification of the material that is conferred or imposed\non the defendant by or under an Act or law; or\n(c) has child abuse material in the defendant's possession for\nlegitimate medical or health research purposes.\n\nCriminal Code Act 1983 124\n(3) In a prosecution of a person for an offence against subsection (1),\neach of the following is evidence that material was in the person's\npossession:\n(a) proof that the material was in or at a place of which the person\nwas the occupier;\n(b) proof that the material was in or at a place, the management\nor control of which the person was concerned in.\n(4) Subsection (3) does not apply to a person if the person neither\nknew nor had reason to suspect that the material was in or on that\nplace.\n(5) In proceedings for an offence against subsection (1), a\nCommonwealth evidentiary certificate is admissible in any court of\ncompetent jurisdiction and is evidence that the film, publication or\ncomputer game mentioned in the certificate is child abuse material.\n(6) A court that finds a person guilty of an offence against\nsubsection (1):\n(a) must order the forfeiture and destruction of any child abuse\nmaterial in respect of which the offence was committed; and\n(b) may order the forfeiture and destruction of any other articles\nseized at the same time as the child abuse material in respect\nof which the offence was committed.\nCommonwealth evidentiary certificate means a certificate issued\nunder section 87 of the Commonwealth Act that:\n(a) purports to be signed by the Director of the Classification\nBoard or the Deputy Director of the Classification Board; and\n(b) states that a film, publication or computer game is classified\nRC on the basis that it describes or depicts, in a way that is\nlikely to cause offence to a reasonable adult, a person who is,\nor appears to be, a child (whether the person is engaged in\nsexual activity or not).\nNote for section 125B\nSee also section 208JF.\n\nCriminal Code Act 1983 125\n","sortOrder":161},{"sectionNumber":"125C","sectionType":"section","heading":"Publishing indecent articles","content":"125C Publishing indecent articles\n(a) the person intentionally publishes an article; and\n(b) the article is indecent and the person is reckless in relation to\nthat circumstance.\n(a) for an individual – imprisonment for 2 years; or\n(b) for a body corporate – 175 penalty units.\n(a) published the indecent article for the purposes of an\napplication for classification under the Commonwealth Act; or\n(b) is a member or officer of a law enforcement agency and\npublished the indecent article in the exercise of a power\nconferred, or performance of a function imposed, on the\nmember or officer by or under an Act or law.\n(3) For this section, an article may be indecent even if part of it is not\nindecent.\n","sortOrder":162},{"sectionNumber":"125D","sectionType":"section","heading":"Using child for production of child abuse material or","content":"125D Using child for production of child abuse material or\npornographic or abusive performance\n(a) the person intentionally uses, offers or procures another\nperson for the production of material or for a performance; and\n(b) the other person is a child, or a person who appears to be a\nchild, and the person is reckless in relation to that\n(c) the material is child abuse material, or the performance is a\npornographic or abusive performance, and the person is\nreckless in relation to that circumstance.\n(a) for an individual – imprisonment for 14 years; or\n(b) for a body corporate – 15 000 penalty units.\n\nCriminal Code Act 1983 126\n125DA Animal sexual abuse or animal crush material\n(a) the person intentionally produces, sells, distributes or\npossesses, or offers or advertises for sale or distribution,\nmaterial; and\n(b) the material is animal sexual abuse or animal crush material\nand the person is reckless in relation to that circumstance.\n(a) for an individual – imprisonment for 5 years; or\n(b) for a body corporate – 5 000 penalty units.\n(a) is a member or officer of a law enforcement agency or a court\nwho has animal sexual abuse or animal crush material in the\nmember's or officer's possession in the exercise of a power or\nperformance of a function conferred or imposed on the\nmember or officer by or under an Act or law; or\n(b) has animal sexual abuse or animal crush material in the\ndefendant's possession in the exercise of a power, or\nperformance of a function, relating to the classification of the\nmaterial that is conferred or imposed on the defendant by or\nunder an Act or law; or\n(c) has animal sexual abuse or animal crush material in the\ndefendant's possession for legitimate medical or health\nresearch purposes.\n(3) In a prosecution of a person for an offence against subsection (1),\neach of the following is evidence that animal sexual abuse or\nanimal crush material was in the person's possession:\n(a) proof that the material was in or at a place of which the person\nwas the occupier;\n(b) proof that the material was in or at a place, the management\nor control of which the person was concerned in.\n(4) Subsection (3) does not apply to a person if the person neither\nknew nor had reason to suspect that the animal sexual abuse or\nanimal crush material was in or on that place.\n\nCriminal Code Act 1983 127\n(5) A court that finds a person guilty of an offence against\nsubsection (1):\n(a) may order the forfeiture and destruction of any animal sexual\nabuse or animal crush material in respect of which the offence\nwas committed; and\n(b) may order the forfeiture and destruction of any other articles\nseized at the same time as the animal sexual abuse or animal\ncrush material in respect of which the offence was committed.\n","sortOrder":163},{"sectionNumber":"125E","sectionType":"section","heading":"Criminal liability of executive officer of body corporate – legal","content":"125E Criminal liability of executive officer of body corporate – legal\nburden of proof on defence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence against section 125B(1),\n125C(1), 125D or 125DA(1) (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the commission of the\nrelevant offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\n(3) It is a defence to a prosecution for an offence against\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the commission of the relevant offence;\nor\n(b) took reasonable steps to prevent the commission of the\nrelevant offence; or\n(c) did not know, and could not reasonably have been expected\nto know, that the relevant offence would be committed.\n(4) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (3).\n\nCriminal Code Act 1983 128\n(5) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence,\na court must consider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncommission of the relevant offence):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe provision to which the relevant offence relates;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the defendant took when the defendant became\naware that the relevant offence was, or could be, about to be\n(6) Subsection (5) does not limit the matters the court may consider.\n(7) This section does not affect the liability of the body corporate.\n(8) This section applies to an executive officer whether or not the body\ncorporate is prosecuted for, or found guilty of, the relevant offence.\n(9) Subsection (1) does not apply to an executive officer if the body\ncorporate would have a defence to a prosecution for the relevant\nNote for subsection (9)\nThe defendant has an evidential burden in relation to the matters mentioned in\nsubsection (9) (see section 43BU of the Criminal Code).\n(10) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nCriminal Code Act 1983 129\n","sortOrder":164},{"sectionNumber":"125F","sectionType":"section","heading":"Court proceedings","content":"125F Court proceedings\n(1) This section applies to proceedings for:\n(a) an offence against section 125B(1), 125D or 125DA(1); or\n(b) an offence against section 125C involving an article that is\nindecent by virtue of paragraph (b)(vi) of the definition of\nindecent article.\n(2) For proceedings specified in subsection (1), the Court must be\nclosed while the material that is the subject of the offence is on\ndisplay.\n","sortOrder":165},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Offence relating to human remains","content":"Division 2A Offence relating to human remains\n","sortOrder":166},{"sectionNumber":"126","sectionType":"section","heading":"Interference with or indignity to human remains","content":"126 Interference with or indignity to human remains\n(a) the person intentionally engages in conduct in relation to\nhuman remains, whether or not the remains are buried; and\n(b) the conduct is an improper or indecent interference with, or an\nindignity to, the remains, according to the standards of\nordinary people.\n(3) In a prosecution for an offence against subsection (1), the question\nof what is improper, indecent or an indignity is a matter for the trier\nof fact.\n","sortOrder":167},{"sectionNumber":"148","sectionType":"section","heading":"Selling, &c., things unfit for food or drink","content":"148 Selling, &c., things unfit for food or drink\nAny person who sells or exposes for sale for the food or drink of\nman, or has in his possession with intent to sell it for the food or\ndrink of man, anything that he knows to be unfit for the food or drink\nof man is guilty of an offence and is liable to imprisonment for\n\nCriminal Code Act 1983 130\n","sortOrder":168},{"sectionNumber":"148A","sectionType":"section","heading":"Definitions","content":"148A Definitions\ncontaminate, in relation to goods, includes:\n(a) to interfere with the goods; and\n(b) to make it appear that the goods have been contaminated or\ninterfered with.\ngoods includes any substance:\n(a) whether or not for human consumption;\n(b) whether natural or manufactured; and\n(c) whether or not incorporated or mixed with other goods.\n(2) In this Division, a reference to economic loss caused through public\nawareness of the contamination of goods includes a reference to\neconomic loss caused through:\n(a) members of the public not purchasing or using those goods or\nsimilar goods; or\n(b) steps taken to avoid public alarm or anxiety or to avoid harm\nto members of the public.\n","sortOrder":169},{"sectionNumber":"148B","sectionType":"section","heading":"Contaminating goods with intent to cause public alarm or","content":"148B Contaminating goods with intent to cause public alarm or\neconomic loss\nA person who contaminates goods with the intention of:\n(a) causing public alarm or anxiety; or\n(b) causing economic loss through public awareness of the\n","sortOrder":170},{"sectionNumber":"148C","sectionType":"section","heading":"Threatening to contaminate goods with intent to cause public","content":"148C Threatening to contaminate goods with intent to cause public\nalarm or economic loss\n(1) A person who makes a threat that goods will be contaminated with\nthe intention of:\n(a) causing public alarm or anxiety; or\n\nCriminal Code Act 1983 131\n(b) causing economic loss through public awareness of the\n(2) For the purposes of this section, a threat may be made by any\nconduct, and may be explicit or implicit and conditional or\nunconditional.\n","sortOrder":171},{"sectionNumber":"148D","sectionType":"section","heading":"Making false statements concerning contamination of goods","content":"148D Making false statements concerning contamination of goods\nwith intent to cause public alarm or economic loss\n(1) A person who makes a statement that the person believes to be\nfalse:\n(a) with the intention of inducing the person to whom the\nstatement is made or others to believe that goods have been\ncontaminated; and\n(b) with the intention of thereby:\n(i) causing public alarm or anxiety; or\n(ii) causing economic loss through public awareness of the\n(2) For the purposes of this section, making a statement includes\nconveying information by any means.\n","sortOrder":172},{"sectionNumber":"148E","sectionType":"section","heading":"Territorial nexus for offences","content":"148E Territorial nexus for offences\nIt is immaterial that the conduct of a person constituting an offence\nunder this Division occurred outside the Territory, so long as the\nperson intended by the conduct:\n(a) to cause public alarm or anxiety in the Territory; or\n(b) to cause economic loss in the Territory through public\nawareness of the contamination.\n","sortOrder":173},{"sectionNumber":"148F","sectionType":"section","heading":"Recruiting child to engage in criminal activity","content":"148F Recruiting child to engage in criminal activity\n(a) the person is an adult; and\n\nCriminal Code Act 1983 132\n(b) the person intentionally recruits another person to carry out or\nassist in carrying out criminal activity; and\n(c) the other person is a child and the person has knowledge of\nthat circumstance; and\n(d) the person is reckless as to whether the child carries out or\nassists in carrying out the criminal activity.\n(2) Absolute liability applies to subsection (1)(a).\n(3) A person may be found guilty of an offence against subsection (1)\neven if:\n(a) the criminal activity is not carried out; or\n(b) the criminal activity is impossible to carry out; or\n(c) the child is not prosecuted or found guilty of an offence.\n(4) A person cannot be found guilty of more than one of the following\noffences for the same conduct:\n(a) an offence against subsection (1);\n(b) an offence referred to in section 12(2);\n(c) an offence against section 43BI.\nNotes for subsection (4)\n1 Section 12(2) refers to the offence of counselling or procuring.\n2 Section 43BI is the offence of inciting the commission of an offence.\ncriminal activity means conduct that constitutes an offence\npunishable by a maximum term of imprisonment of 1 year or more.\nrecruit includes counsel, procure, solicit, incite and induce.\n\nCriminal Code Act 1983 133\nPart VI Offences against the person and related\nSubdivision 1 Right of occupants etc. to safety from attack by\nintruders\n","sortOrder":174},{"sectionNumber":"149A","sectionType":"section","heading":"Right to safety from attack by intruders","content":"149A Right to safety from attack by intruders\nIt is expressly declared that it is the public policy of the Territory that\noccupants of dwelling-houses and commercial premises, and\npersons invited into those premises, have the right to enjoy\nabsolute safety in the premises from attack by intruders.\n","sortOrder":175},{"sectionNumber":"149B","sectionType":"section","heading":"Definitions","content":"149B Definitions\naggravated offence means an offence against section 174C\nor 174D that is an aggravated offence under section 174G.\ndistribute, for Division 7A, see section 208AA.\nimage, for Division 7A, see section 208AA.\nintimate image, for Division 7A, see section 208AA.\nlaw enforcement officer means:\n(a) a police officer or a member of the police force or police\nservice of any State; or\n(b) a member of the Australian Federal Police; or\n(c) a member of staff of the Australian Crime Commission.\n","sortOrder":176},{"sectionNumber":"149C","sectionType":"section","heading":"Causing death or harm","content":"149C Causing death or harm\nFor this Part, a person's conduct causes death or harm if it\nsubstantially contributes to the death or harm.\n\nDivision 1 Duties relating to the preservation of human life\nCriminal Code Act 1983 134\nDivision 1 Duties relating to the preservation of human life\n149 Duty of person in charge of child or others\nIt is the duty of every person having charge of a child under the age\nof 16 years or having charge of any person who is unable to\nwithdraw himself from such charge by reason of age, sickness,\nunsoundness of mind, detention or other cause and who is unable\nto provide himself with the necessaries of life:\n(a) to provide the necessaries of life for that child or other person;\nand\n(b) to use reasonable care and take reasonable precautions to\navoid or prevent danger to the life, safety or health of the child\nor other person and to take all reasonable action to rescue\nsuch child or other person from such danger.\n","sortOrder":177},{"sectionNumber":"150","sectionType":"section","heading":"Duty of person engaging in dangerous conduct","content":"150 Duty of person engaging in dangerous conduct\nIt is the duty of every person who, except in the case of necessity,\nundertakes to administer medical treatment to another or to engage\nin any other conduct that is or may be dangerous to health and that\nrequires special knowledge, skill, attention or caution to have the\nrequisite knowledge or skill and to employ such knowledge, skill,\nattention and caution as is reasonable in the circumstances.\n","sortOrder":178},{"sectionNumber":"151","sectionType":"section","heading":"Duty of person in charge of things applied to a dangerous","content":"151 Duty of person in charge of things applied to a dangerous\npurpose\nIt is the duty of every person who manages, uses or has in his\npossession anything that when so managed, used or had in\npossession may, in the absence of reasonable care and reasonable\nprecautions, endanger the life, safety or health of another to use\nreasonable care and take reasonable precautions to avoid such\ndanger.\n","sortOrder":179},{"sectionNumber":"152","sectionType":"section","heading":"Duty to do certain acts","content":"152 Duty to do certain acts\nWhen a person undertakes to do any act, the omission of which is\ndangerous to human life or health, it is his duty to do that act.\n","sortOrder":180},{"sectionNumber":"153","sectionType":"section","heading":"Effect of breach of duty","content":"153 Effect of breach of duty\nA person who omits to perform any duty imposed upon him by this\nDivision is held to have caused any consequences to the life or\nhealth of any person to whom he owes the duty by reason of such\nomission, but whether or not he is criminally responsible therefor is\nto be determined by the other provisions of this Code.\n\nCriminal Code Act 1983 135\nDivision 2 Provision of rescue, medical treatment and other\naid\n","sortOrder":181},{"sectionNumber":"155","sectionType":"section","heading":"Failure to rescue, provide help, &c.","content":"155 Failure to rescue, provide help, &c.\nAny person who, being able to provide rescue, resuscitation,\nmedical treatment, first aid or succour of any kind to a person\nurgently in need of it and whose life may be endangered if it is not\nprovided, callously fails to do so is guilty of an offence and is liable\nto imprisonment for 7 years.\n","sortOrder":182},{"sectionNumber":"155A","sectionType":"section","heading":"Assault, obstruction etc. of persons providing rescue, medical","content":"155A Assault, obstruction etc. of persons providing rescue, medical\ntreatment or other aid\n(1) A person who unlawfully assaults, obstructs or hinders another\nperson:\n(a) who is providing rescue, resuscitation, medical treatment, first\naid or succour of any kind to a third person;\n(b) who is taking action to prevent injury or further injury to a third\nperson who is in immediate risk of injury or further injury; or\n(c) who is taking action to prevent damage or further damage to\nproperty that is in immediate risk of damage or further\ndamage,\nis guilty of an offence and is liable to imprisonment for 5 years.\n(2) If the person thereby endangers the life of or causes harm to the\nthird person, the person is liable to imprisonment for 7 years.\n","sortOrder":183},{"sectionNumber":"156","sectionType":"section","heading":"Murder","content":"156 Murder\n(1) A person is guilty of the offence of murder if:\n(b) that conduct causes the death of another person; and\n(c) the person intends to cause the death of, or serious harm to,\nthat or any other person by that conduct.\n\nCriminal Code Act 1983 136\n(2) Section 43BF does not apply to the offence of murder.\nNote for section 156\nUnder sections 158 and 159, murder may be reduced to manslaughter if the\nconduct causing the death concerned occurred under provocation or the\ndefendant proves that the defendant's mental capacity was substantially\nimpaired.\n","sortOrder":184},{"sectionNumber":"157","sectionType":"section","heading":"Punishment for murder and conspiracy to murder","content":"157 Punishment for murder and conspiracy to murder\n(1) A person who is guilty of the offence of murder is liable to\n(2) The penalty mentioned in subsection (1) is mandatory.\n(3) A person who is guilty of the offence of conspiracy to commit the\noffence of murder is liable to imprisonment for 14 years.\nNotes for section 157\n1. Under sections 53 and 53A of the Sentencing Act 1995, a sentencing court\nmust fix a non-parole period when sentencing an offender found guilty of\nmurder.\n2. Under section 82(3) of the Youth Justice Act 2005, the Supreme Court may,\ndespite this section, sentence a youth found guilty of murder to life\nimprisonment or a shorter period of detention or imprisonment as it considers\nappropriate.\n","sortOrder":185},{"sectionNumber":"158","sectionType":"section","heading":"Trial for murder – partial defence of provocation","content":"158 Trial for murder – partial defence of provocation\n(1) A person (the defendant) who would, apart from this section, be\nguilty of murder must not be convicted of murder if the defence of\nprovocation applies.\n(2) The defence of provocation applies if:\n(a) the conduct causing death was the result of the defendant's\nloss of self-control induced by conduct of the deceased\ntowards or affecting the defendant; and\n(b) the conduct of the deceased was such as could have induced\nan ordinary person to have so far lost self-control as to have\nformed an intent to kill or cause serious harm to the deceased.\n(3) Grossly insulting words or gestures towards or affecting the\ndefendant can be conduct of a kind that induces the defendant's\nloss of self-control.\n(4) A defence of provocation may arise regardless of whether the\nconduct of the deceased occurred immediately before the conduct\ncausing death or at an earlier time.\n\nCriminal Code Act 1983 137\n(5) However, conduct of the deceased consisting of a non-violent\nsexual advance or advances towards the defendant:\n(a) is not, by itself, a sufficient basis for a defence of provocation;\nbut\n(b) may be taken into account together with other conduct of the\ndeceased in deciding whether the defence has been\nestablished.\n(6) For deciding whether the conduct causing death occurred under\nprovocation, there is no rule of law that provocation is negatived if:\n(a) there was not a reasonable proportion between the conduct\ncausing death and the conduct of the deceased that induced\nthe conduct causing death; or\n(b) the conduct causing death did not occur suddenly; or\n(c) the conduct causing death occurred with an intent to take life\nor cause serious harm.\n(7) The defendant bears an evidential burden in relation to the defence\nof provocation.\nNote for subsection (7)\nUnder section 43BR(2), the prosecution bears a legal burden of disproving a\nmatter in relation to which the defendant has discharged an evidential burden of\nproof. The legal burden of proof on the prosecution must be discharged beyond\nreasonable doubt – see section 43BS(1).\n(8) A defendant who would, apart from this section, be liable to be\nconvicted of murder must be convicted of manslaughter instead.\n","sortOrder":186},{"sectionNumber":"159","sectionType":"section","heading":"Trial for murder – partial defence of diminished responsibility","content":"159 Trial for murder – partial defence of diminished responsibility\n(1) A person (the defendant) who would, apart from this section, be\nguilty of murder must not be convicted of murder if:\n(a) the defendant's mental capacity was substantially impaired at\nthe time of the conduct causing death; and\n(b) the impairment arose wholly or partly from an underlying\ncondition; and\n(c) the defendant should not, given the extent of the impairment,\nbe convicted of murder.\n(2) Expert and other evidence may be admissible to enable or assist\nthe tribunal of fact to determine the extent of the defendant's\nimpairment at the time of the conduct causing death.\n\nCriminal Code Act 1983 138\n(3) If the defendant's impairment is attributable in part to an underlying\ncondition and in part to self-induced intoxication, then, for deciding\nwhether a defence of diminished responsibility has been\nestablished, the impairment must be ignored so far as it was\nattributable to self-induced intoxication.\n(4) The burden of establishing a defence of diminished responsibility is\na legal burden and lies on the defence.\n(5) A defendant who would, apart from this section, be liable to be\nconvicted of murder must be convicted of manslaughter instead.\nmental capacity, of a defendant, means the defendant's capacity\nto:\n(a) understand events; or\n(b) judge whether his or her actions are right or wrong; or\n(c) exercise self-control.\nunderlying condition means a pre-existing mental or physiological\ncondition other than of a transitory kind.\n","sortOrder":187},{"sectionNumber":"160","sectionType":"section","heading":"Manslaughter","content":"160 Manslaughter\nA person is guilty of the offence of manslaughter if:\n(b) that conduct causes the death of another person; and\n(c) the person is reckless or negligent as to causing the death of\nthat or any other person by the conduct.\n","sortOrder":188},{"sectionNumber":"161","sectionType":"section","heading":"Punishment for manslaughter","content":"161 Punishment for manslaughter\nA person who is guilty of the offence of manslaughter is liable to\n","sortOrder":189},{"sectionNumber":"161A","sectionType":"section","heading":"Violent act causing death","content":"161A Violent act causing death\n(1) A person (the defendant) is guilty of the offence of a violent act\ncausing death if:\n(a) the defendant engages in conduct involving a violent act to\nanother person (the other person); and\n\nCriminal Code Act 1983 139\n(b) that conduct causes the death of:\n(i) the other person; or\n(ii) any other person.\nMaximum penalty: Imprisonment for 16 years.\n(2) Strict liability applies to subsection (1)(b).\n(3) The defendant is criminally responsible for the offence even if the\nother person consented to the conduct mentioned in\n(4) However, the defendant is not criminally responsible for the offence\nif:\n(a) the conduct involving the violent act is engaged in by the\ndefendant:\n(i) for the purpose of benefiting the other person; or\n(ii) as part of a socially acceptable function or activity; and\n(b) having regard to the purpose, function or activity mentioned in\nparagraph (a), the conduct was reasonable.\nconduct involving a violent act means conduct involving the\ndirect application of force of a violent nature to a person, whether or\nnot an offensive weapon is used in the application of the force.\nExamples of the application of force of a violent nature\nA blow, hit, kick, punch or strike.\n","sortOrder":190},{"sectionNumber":"162","sectionType":"section","heading":"Assisting and encouraging suicide","content":"162 Assisting and encouraging suicide\n(1) A person is guilty of an offence if the person:\n(a) assists another person to kill or attempt to kill himself or\nherself; or\n(b) encourages another person to kill or attempt to kill himself or\nherself.\n(2) For a person to be guilty of an offence against subsection (1)(a):\n(a) the person must have intended his or her conduct would assist\nthe other person to commit suicide; and\n\nCriminal Code Act 1983 140\n(b) the other person commits or attempts to commit suicide and\nwas assisted to do so by that conduct.\n(3) For a person to be guilty of an offence against subsection (1)(b):\n(a) the person must have intended his or her conduct would\nencourage the other person to commit suicide; and\n(b) the other person commits or attempts to commit suicide and\nwas encouraged to do so by that conduct.\n(4) It is not an offence to attempt to commit an offence against this\nsection.\n","sortOrder":191},{"sectionNumber":"163","sectionType":"section","heading":"Concealment of birth","content":"163 Concealment of birth\nA person is guilty of an offence if the person disposes of the dead\nbody of a child (whether or not the child was born alive) with the\nintention of concealing the child's birth.\n","sortOrder":192},{"sectionNumber":"165","sectionType":"section","heading":"Attempt to murder","content":"165 Attempt to murder\n(a) attempts unlawfully to kill another; or\n(b) with intent unlawfully to kill another, does any act, or omits to\ndo any act that it is his duty to do, such act or omission being\nof such a nature as to be likely to endanger human life,\n","sortOrder":193},{"sectionNumber":"166","sectionType":"section","heading":"Threats to kill","content":"166 Threats to kill\n(1) Any person who, with intent to cause fear, makes, or causes any\nperson to receive, a threat to kill any person which threat is of such\na nature as to cause fear to any person of reasonable firmness and\ncourage, is guilty of an offence and liable to imprisonment for\n(2) It is a defence to a charge of an offence against this section to\nprove that making such a threat or causing it to be received was\nreasonable by the standards of an ordinary person similarly\ncircumstanced to the accused person.\n","sortOrder":194},{"sectionNumber":"170","sectionType":"section","heading":"Killing unborn child","content":"170 Killing unborn child\nAny person who, when a woman or girl is about to be delivered of a\nchild, prevents the child from being born alive by any act or\n\nCriminal Code Act 1983 141\nomission of such a nature that, if the child had been born alive and\nhad then died, he would be deemed to have unlawfully killed the\nchild, is guilty of an offence and is liable to imprisonment for life.\n","sortOrder":195},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Recklessly endangering life and serious harm,","content":"Division 3A Recklessly endangering life and serious harm,\nnegligently causing serious harm and related\noffences involving vehicles and vessels\n","sortOrder":196},{"sectionNumber":"174B","sectionType":"section","heading":"Danger of death or serious harm","content":"174B Danger of death or serious harm\n(1) For this Division, conduct that may give rise to a danger of death or\nserious harm includes exposing a person to the risk of catching a\ndisease that may give rise to a danger of death or serious harm.\n(2) For this Division, conduct gives rise to a danger of death or serious\nharm if it is ordinarily capable of creating a real, and not merely a\ntheoretical, danger of death or serious harm.\n(3) Conduct may give rise to a danger of death or serious harm\nwhatever the statistical or arithmetical calculation of the degree of\nrisk of death or serious harm involved.\n(4) In the prosecution of an offence against Subdivision 2, it is not\nnecessary to prove that a person was actually placed in danger of\ndeath or serious harm by the conduct concerned.\n","sortOrder":197},{"sectionNumber":"174C","sectionType":"section","heading":"Recklessly endangering life","content":"174C Recklessly endangering life\n(b) that conduct gives rise to a danger of death to any person;\nand\n(c) the person is reckless as to the danger of death to any person\nthat arises from the conduct.\naggravated offence, 14 years.\n\nCriminal Code Act 1983 142\n","sortOrder":198},{"sectionNumber":"174D","sectionType":"section","heading":"Recklessly endangering serious harm","content":"174D Recklessly endangering serious harm\n(b) that conduct gives rise to a danger of serious harm to any\n(c) the person is reckless as to the danger of serious harm to any\nperson that arises from the conduct.\n","sortOrder":199},{"sectionNumber":"174E","sectionType":"section","heading":"Negligently causing serious harm","content":"174E Negligently causing serious harm\n(b) that conduct causes serious harm to another person; and\n(c) the person is negligent as to causing serious harm to the other\nperson or any other person by the conduct.\n","sortOrder":200},{"sectionNumber":"174F","sectionType":"section","heading":"Driving motor vehicle causing death or serious harm","content":"174F Driving motor vehicle causing death or serious harm\n(a) the person drives a motor vehicle dangerously; and\n(b) that conduct causes the death of any person.\n(2) A person is guilty of an offence if:\n(a) the person drives a motor vehicle dangerously; and\n(b) that conduct causes serious harm to any person.\n\nCriminal Code Act 1983 143\n(3) For subsections (1)(a) and (2)(a), a person drives a motor vehicle\ndangerously if the person drives the vehicle:\n(a) while under the influence of alcohol or a drug to such an\nvehicle; or\n(b) at a speed that is dangerous to another person; or\n(c) in a manner that is dangerous to another person.\n(4) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(5) A person who is convicted or acquitted of an offence against\nsubsection (1) or (2) is not liable to be convicted of another offence\nagainst this Code on the same facts or substantially the same facts.\n(6) The trier of fact may find the person not guilty of an offence against\nsubsection (1) but guilty of an offence against section 30B(1) of the\nTraffic Act 1987 if the trier of fact:\ncommitted the offence against subsection (1); and\ncommitted an offence against section 30B(1) of the Traffic\nAct 1987.\n(7) The trier of fact may find the person not guilty of an offence against\nsubsection (2) but guilty of an offence against section 30B(2) of the\nTraffic Act 1987 if the trier of fact:\ncommitted the offence against subsection (2); and\ncommitted an offence against section 30B(2) of the Traffic\nAct 1987.\n174FA Hit and run\n(1) The driver of a vehicle is guilty of an offence if:\n(a) the vehicle is involved in an incident that results in the death\nof, or serious harm to, a person; and\n(b) the driver fails to do any of the following:\n(i) stop the vehicle at the scene of the incident;\n\nCriminal Code Act 1983 144\n(ii) give any assistance to the person that is reasonable in\nthe circumstances;\n(iii) as soon as reasonably practicable after the incident or\nafter giving the assistance mentioned in\nsubparagraph (ii) – notify a representative of the Police\nForce of the following:\n(A) that the incident has occurred;\n(B) the location of the incident;\n(C) that the driver was the driver of the vehicle involved\nin the incident;\n(D) the driver's name;\n(iv) comply with any reasonable direction given by a\nrepresentative of the Police Force in relation to the\nincident.\nThe driver knows, or is reckless as to whether or not:\n(a) the vehicle is involved in an incident; and\n(b) the incident results in the death of, or serious harm to, a\n(a) Imprisonment for 10 years if the incident results in the death of\na person.\n(b) Imprisonment for 7 years if the incident results in serious harm\nof a person.\ndriver, of a vehicle, includes a person who controls the vehicle (for\nexample, the rider of a motorcycle).\nrepresentative of the Police Force means:\n(a) a police officer; or\n(b) a public sector employee working in a communications centre\noperated by the Police Force of the Northern Territory.\n\nCriminal Code Act 1983 145\nvehicle means any form of transport that can be used on a road or\ntrack (for example, a car, trailer, bicycle, horse or horse drawn\ncarriage).\n174FB Dangerous driving during pursuit\n(1) The driver of a vehicle commits an offence if:\n(a) a police officer gives the driver a direction to stop the vehicle\nunder a law in force in the Territory; and\n(b) the driver fails to comply with the direction; and\n(c) a police officer pursues the vehicle; and\n(d) the driver drives the vehicle dangerously while it is being\npursued.\nExamples for subsection (1)(a) of laws under which a direction to stop may be\ngiven\n1 Section 119A of the Police Administration Act 1978.\n2 Section 29AAB of the Traffic Act 1987.\n(2) For subsection (1):\n(a) a police officer may be pursuing a vehicle even if the officer is\nnot travelling at the same speed as the vehicle; and\n(b) it is irrelevant that the officer's pursuit is suspended or ends\nbefore the vehicle being pursued stops; and\n(c) a driver drives a vehicle dangerously if the driver drives the\nvehicle:\n(i) while under the influence of alcohol or a drug to such an\nvehicle; or\n(ii) at a speed that is dangerous to another person; or\n(iii) in a manner that is dangerous to another person.\n(3) An offence against subsection (1) is an offence of strict liability.\nsubsection (1) if the defendant believed, on reasonable grounds,\nthat he or she was not given a direction to stop the vehicle by a\npolice officer.\n\nCriminal Code Act 1983 146\n(5) The defendant has a legal burden of proof in relation to the matter\nmentioned in subsection (4).\ndirection to stop, in relation to a vehicle, means any action taken\nby a police officer to indicate to the driver of the vehicle that the\ndriver must stop the vehicle including, for example:\n(a) the giving of hand signals or the display of signs; and\n(b) if the officer is driving a vehicle – any of the following:\n(i) the flashing of the vehicle's headlights;\n(ii) the use of a lamp on the vehicle displaying intermittent\nred and blue flashes;\n(iii) the sounding of an alarm, siren or other warning device\nfrom the vehicle.\ndriver, see section 174FA(2).\nvehicle, see section 174FA(2).\n174FC Navigating vessel causing death or serious harm\n(a) the person navigates a vessel dangerously; and\n(b) that conduct causes the death of another person.\n(a) the person navigates a vessel dangerously; and\n(b) that conduct causes serious harm to another person.\n(3) For subsections (1)(a) and (2)(a), a person navigates a vessel\ndangerously if the person navigates the vessel:\n(a) while under the influence of alcohol or a drug to such an\nvessel; or\n\nCriminal Code Act 1983 147\n(b) at a speed that is dangerous to another person; or\n(c) in a manner that is dangerous to another person.\n(4) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(5) A person who is convicted or acquitted of an offence against\nsubsection (1) or (2) is not liable to be convicted of another offence\nagainst this Code on the same facts or substantially the same facts.\nnavigate, in relation to a vessel, includes any of the following:\n(a) steer, direct or manage the vessel;\n(b) direct or manage the course of the vessel;\n(c) change the movement or direction of the vessel.\n","sortOrder":201},{"sectionNumber":"174G","sectionType":"section","heading":"Increased penalty for aggravated offence","content":"174G Increased penalty for aggravated offence\nThe following are circumstances of aggravation for an offence\ncommitted against section 174C or 174D and a maximum penalty\nspecified in the section for an aggravated offence applies if any\nsuch circumstance of aggravation applies to the offence:\n(a) the offence was committed by the use or threatened use of an\noffensive weapon;\n(b) the offence was committed against a public officer who was, at\nthe time of the offence, acting in the course of his or her duty\nas a police officer, correctional services officer or other law\nenforcement officer;\n(c) the offence was committed against a person who was involved\nin any capacity in legal proceedings in connection with any\nconduct or future conduct of the person in respect of those\nproceedings;\n(d) the offence was committed against a child under the age of\n10 years;\n(e) the offence was committed against a person in abuse of a\nposition of trust;\n\nCriminal Code Act 1983 148\n(f) the offence was committed against a person in abuse of a\nposition of authority.\n","sortOrder":202},{"sectionNumber":"174H","sectionType":"section","heading":"Procedure for proving aggravated offence","content":"174H Procedure for proving aggravated offence\n(1) If the prosecution intends to prove an aggravated offence, the\nrelevant circumstances of aggravation must be contained in the\ncharge.\n(2) In order to prove an aggravated offence, the prosecution must\nprove that the person who committed the offence intended or was\nreckless as to the circumstances of aggravation.\n","sortOrder":203},{"sectionNumber":"175","sectionType":"section","heading":"Disabling in order to commit indictable offence","content":"175 Disabling in order to commit indictable offence\nAny person who, by any means calculated to choke, suffocate or\nstrangle and with intent to commit or to facilitate the commission of\nan indictable offence, or to facilitate the flight of an offender after\nthe commission or attempted commission of an indictable offence,\nrenders or attempts to render any person incapable of resistance is\nguilty of an offence and is liable to imprisonment for life.\n","sortOrder":204},{"sectionNumber":"176","sectionType":"section","heading":"Stupefying in order to commit indictable offence","content":"176 Stupefying in order to commit indictable offence\nAny person who, with intent to commit or to facilitate the\ncommission of an indictable offence, or to facilitate the flight of an\noffender after the commission or attempted commission of an\nindictable offence, administers, or attempts to administer, any\nstupefying or overpowering drug or thing to any person is guilty of\nan offence and is liable to imprisonment for life.\n","sortOrder":205},{"sectionNumber":"176A","sectionType":"section","heading":"Drink or food spiking","content":"176A Drink or food spiking\n(1) A person's (the victim's) drink or food is spiked if:\n(a) it contains an intoxicating substance that:\n(i) the victim does not expect it to contain; and\n(ii) a reasonable person in the victim's position would not\nexpect it to contain; or\n(b) it contains more of an intoxicating substance than:\n(i) the victim expects it to contain; and\n(ii) a reasonable person in the victim's position would\nexpect it to contain.\n\nCriminal Code Act 1983 149\n(2) A person is guilty of an offence if the person:\n(a) spikes another's drink or food; or\n(b) gives to another, or causes another to be given or to\nconsume, spiked drink or food.\n(a) knowledge that the victim does not know that the drink or food\nis spiked or recklessness as to whether the victim knows.\n(b) an intention to do one or more of the following:\n(i) to impair the victim's mental acuity and thus obtain an\nadvantage from or over the victim;\n(ii) to cause embarrassment or humiliation;\n(iii) to cause harm (including unwanted intoxication).\n","sortOrder":206},{"sectionNumber":"177","sectionType":"section","heading":"Acts intended to cause serious harm or prevent apprehension","content":"177 Acts intended to cause serious harm or prevent apprehension\nAny person who, with intent to disfigure or disable any person, or to\ncause serious harm to any person, or to resist or prevent the lawful\narrest or detention of any person:\n(a) causes any serious harm, or causes any other harm, by any\nmeans; or\n(b) attempts in any manner to strike any person with any kind of\nprojectile; or\n(c) causes any explosive substance to explode; or\n(d) sends or delivers any explosive substance or other dangerous\nor noxious thing to any person; or\n(e) causes any such substance or thing to be taken or received by\nany person; or\n(f) puts any corrosive fluid or any destructive or explosive\nsubstance in any place; or\n(g) casts or throws any such fluid or substance at or upon any\nperson or otherwise applies any such fluid or substance to the\nperson of any person,\n\nCriminal Code Act 1983 150\n","sortOrder":207},{"sectionNumber":"178","sectionType":"section","heading":"Preventing escape from wreck","content":"178 Preventing escape from wreck\n(a) prevents or obstructs any person who is on board or is\nescaping from a ship or aircraft that is in distress or wrecked in\nhis endeavours to save his life; or\n(b) obstructs any person in his endeavours to save the life of any\nperson so situated,\n","sortOrder":208},{"sectionNumber":"179","sectionType":"section","heading":"Intentionally endangering safety of persons travelling by","content":"179 Intentionally endangering safety of persons travelling by\nrailway or roadway\nAny person who, with intent to injure or to endanger the safety of\nany person travelling by railway or roadway, whether a particular\nperson or not:\n(a) deals with the railway or roadway, any railway engine or\ncarriage or motor vehicle or with anything upon or near the\nrailway or roadway in such a manner as to affect or endanger\nor be likely to affect or endanger the free and safe use of the\nrailway or roadway or the safety of any such person;\n(b) shows any light or signal or sign, or in any way deals with any\nexisting light or signal or sign, upon or near the railway or\nroadway; or\n(c) by an omission to do any act that it is his duty to do causes\nthe safety of any such person to be endangered,\n","sortOrder":209},{"sectionNumber":"180","sectionType":"section","heading":"Intentionally endangering safety of persons travelling by","content":"180 Intentionally endangering safety of persons travelling by\naircraft or ship\nAny person who, with intent to injure or to endanger the safety of\nany person whilst he is on board any aircraft or ship, whether a\nparticular person or not:\n(a) deals with the aircraft or ship or with anything upon or near the\naircraft or ship or with anything either directly or indirectly\nconnected with the guidance, control or operation of the\naircraft or ship, in such a manner as to affect or endanger or\nbe likely to affect or endanger the free and safe use of the\naircraft or ship or the safety of any such person; or\n\nCriminal Code Act 1983 151\n(b) by any omission to do any act that it is his duty to do causes\nthe safety of any such person to be endangered,\n","sortOrder":210},{"sectionNumber":"180A","sectionType":"section","heading":"Endangering occupants of vehicles and vessels","content":"180A Endangering occupants of vehicles and vessels\n(a) the person throws a thing, or directs a laser pointer, at a\nvehicle or vessel; and\n(b) the act mentioned in paragraph (a) gives rise to a danger of\nharm to someone in or on the vehicle or vessel.\n(a) intentionally throws the thing or directs the pointer; and\n(b) knows, or is reckless as to whether or not, the act gives rise to\na danger of harm to someone in or on the vehicle or vessel.\nMaximum penalty: Imprisonment for 4 years.\n(2) Subsection (1) applies whether or not the vehicle or vessel is\nstationary and whether or not the thing or laser beam reaches the\nvehicle or vessel.\nlaser pointer means a hand-held battery-operated device that is:\n(a) commonly known as a laser pointer; and\n(b) designed or adapted to emit a laser beam with an accessible\nemission limit of greater than 1 mW.\nthrowing a thing includes dropping or propelling the thing in any\nway.\nvehicle means any form of transport that can be used on a road or\ntrack (for example, a car, trailer, bicycle, horse or horse drawn\ncarriage).\n","sortOrder":211},{"sectionNumber":"181","sectionType":"section","heading":"Serious harm","content":"181 Serious harm\nAny person who unlawfully causes serious harm to another is guilty\nof an offence and is liable to imprisonment for 14 years.\n\nCriminal Code Act 1983 152\n","sortOrder":212},{"sectionNumber":"182","sectionType":"section","heading":"Attempting to injure by explosive substances","content":"182 Attempting to injure by explosive substances\nAny person who, with intent to cause any harm to another, puts any\nexplosive substance in any place is guilty of an offence and is liable\n","sortOrder":213},{"sectionNumber":"183","sectionType":"section","heading":"Failure to supply necessaries","content":"183 Failure to supply necessaries\nAny person who, being charged with the duty of providing for\nanother the necessaries of life, unlawfully fails to do so whereby the\nlife of that other person is or is likely to be endangered or his health\nis or is likely to be permanently injured, is guilty of an offence and is\nliable to imprisonment for 7 years.\n","sortOrder":214},{"sectionNumber":"184","sectionType":"section","heading":"Endangering life of child by exposure","content":"184 Endangering life of child by exposure\nAny person who abandons or exposes a child under the age of\n2 years whereby the life of such child is or is likely to be\nendangered, or his health is or is likely to be permanently injured, is\n","sortOrder":215},{"sectionNumber":"185","sectionType":"section","heading":"Setting man-traps","content":"185 Setting man-traps\n(1) Any person who sets or places any spring-gun, man-trap or other\ndevice calculated to destroy human life or to inflict serious harm, or\ncauses any such thing to be set or placed, in any place with the\nintent that it may kill or inflict serious harm upon a trespasser or\nother person coming in contact with it, or sets or places any such\nthing in any such place and in any such manner that it is likely to\ncause any such result, is guilty of an offence and is liable to\n(2) Any person who knowingly permits any such spring-gun, man-trap\nor other device that has been set or placed by another person in\nany such place and in any such manner that it is likely to cause any\nsuch result to continue so set or placed in any place that is then in,\nor afterwards comes into, his possession or occupation, is deemed\nto have set and placed the spring-gun, man-trap or device with the\nintent aforesaid.\n(3) This section does not make it an offence to set any trap such as is\nusually set for the purpose of destroying vermin.\n186 Harm\nAny person who unlawfully causes harm to another is guilty of an\noffence and is liable to imprisonment for 5 years.\n\nCriminal Code Act 1983 153\n186AA Choking, strangling or suffocating in a domestic relationship\n(a) the person is in a domestic relationship with another person;\nand\n(b) the person intentionally chokes, strangles or suffocates the\n(c) the other person does not consent to the choking, strangling\nor suffocating and the person is reckless in relation to that\n(3) To avoid doubt, an offence against this section constitutes domestic\nviolence under section 5 of the Domestic and Family Violence\nAct 2007.\nchokes, strangles or suffocates, a person, includes the following:\n(a) applies pressure, to any extent, to the person's neck;\n(b) obstructs, to any extent, any part of the person's:\n(i) respiratory system; or\n(ii) accessory systems of respiration;\n(c) interferes, to any extent, with the operation of the person's:\n(i) respiratory system; or\n(ii) accessory systems of respiration;\n(d) impedes, to any extent, the person's respiration.\ndomestic relationship, see section 9 of the Domestic and Family\nViolence Act 2007.\n\nCriminal Code Act 1983 154\n","sortOrder":216},{"sectionNumber":"186A","sectionType":"section","heading":"Definitions","content":"186A Definitions\nauthorised professional means a person registered under the\nHealth Practitioner Regulation National Law (other than as a\nstudent) to practise in:\n(a) the Aboriginal and Torres Strait Islander health practice\nprofession; or\n(b) the nursing profession; or\n(c) the midwifery profession.\nfemale genital mutilation means the excision, infibulation or any\nother mutilation of the whole or any part of the labia majora or labia\nminora or clitoris.\ngender reassignment procedure means a surgical procedure to\ngive a female, or a person whose sex is ambivalent, the genital\nappearance of a particular sex (whether male or female).\n","sortOrder":217},{"sectionNumber":"186B","sectionType":"section","heading":"Female genital mutilation","content":"186B Female genital mutilation\n(1) A person who performs female genital mutilation on another person\n(2) An offence is committed against this section even if one or more of\nthe acts constituting the offence occurred outside the Territory if the\nperson mutilated by or because of the acts is ordinarily resident in\nthe Territory.\n(3) It is not an offence against this section to perform a surgical\noperation if the operation:\n(a) has a genuine therapeutic purpose and is performed by a\nmedical practitioner or authorised professional; or\n(b) is a gender reassignment procedure and is performed by a\nmedical practitioner.\n(4) A surgical operation does not have a genuine therapeutic purpose\nby virtue of the fact that it is performed as, or as part of, a cultural,\nreligious or other social custom.\n\nCriminal Code Act 1983 155\n","sortOrder":218},{"sectionNumber":"186C","sectionType":"section","heading":"Removal of person from Territory for female genital mutilation","content":"186C Removal of person from Territory for female genital mutilation\n(1) A person who takes another person from the Territory, or arranges\nfor another person to be taken from the Territory, with the intention\nof having female genital mutilation performed on that person is\nguilty of an offence and liable to imprisonment for 14 years.\n(2) In proceedings for an offence against subsection (1), if it is proved\n(a) the accused took another person, or arranged for another\nperson to be taken, from the Territory; and\n(b) female genital mutilation was performed on the person while\noutside the Territory,\nit shall be presumed, until the contrary is proved, that the accused\ntook the person, or arranged for the person to be taken, from the\nTerritory with the intention of having female genital mutilation\nperformed on the person.\n","sortOrder":219},{"sectionNumber":"186D","sectionType":"section","heading":"Consent not relevant","content":"186D Consent not relevant\nIt is not a defence to a charge of an offence against this Division\nthat the person mutilated by or because of the acts alleged to have\nbeen committed:\n(a) consented to the acts; and/or\n(b) consented to being taken from the Territory,\nor that a parent or guardian of the person so consented.\n","sortOrder":220},{"sectionNumber":"187","sectionType":"section","heading":"Definitions","content":"187 Definitions\n(1) In this Code assault means:\n(a) the direct or indirect application of force to a person without\nhis consent or with his consent if the consent is obtained by\nforce or by means of menaces of any kind or by fear of harm\nor by means of false and fraudulent representations as to the\nnature of the act or by personation; or\n(b) the attempted or threatened application of such force where\nthe person attempting or threatening it has an actual or\napparent present ability to effect his purpose and the purpose\nis evidenced by bodily movement or threatening words,\n\nCriminal Code Act 1983 156\nother than the application of force:\n(c) when rescuing or resuscitating a person or when giving any\nmedical treatment or first aid reasonably needed by the\nperson to whom it is given or when restraining a person who\nneeds to be restrained for his own protection or benefit or\nwhen attempting to do any such act;\n(d) in the course of a sporting activity where the force used is not\nin contravention of the rules of the game; or\n(e) that is used for and is reasonably needed for the common\nintercourse of life.\n(2) In this Division:\nemergency worker means any of the following:\n(a) a member of the Northern Territory Fire and Rescue Service\nestablished under section 5(1) of the Fire and Emergency\nAct 1996;\n(b) a member of the Northern Territory Emergency Service as\ndefined in section 8 of the Emergency Management Act 2013;\n(c) an ambulance officer or paramedic employed or engaged in\nproviding ambulance services;\n(d) a medical practitioner or a health practitioner, as defined in the\nHealth Practitioner Regulation National Law:\n(i) accompanying or assisting a person mentioned in\nparagraph (c); or\n(ii) attending a situation in the absence or unavailability of a\nperson mentioned in paragraph (c).\nNote for definition emergency worker, paragraph (c)\nAmbulance services are not limited to road services, and may (for example)\ninclude helicopter or fixed-wing aero-medical services.\n","sortOrder":221},{"sectionNumber":"188","sectionType":"section","heading":"Common assault","content":"188 Common assault\n(1) Any person who unlawfully assaults another is guilty of an offence\nand, if no greater punishment is provided, is liable to imprisonment\nfor one year.\n(2) If the person assaulted:\n(a) suffers harm; or\n\nCriminal Code Act 1983 157\n(b) is a female and the offender is a male; or\n(c) is under the age of 16 years and the offender is an adult; or\n(d) is unable because of infirmity, age, physique, situation or other\ndisability effectually to defend himself or to retaliate; or\n(e) is a member of the Legislative Assembly, the House of\nRepresentatives or the Senate and the assault is committed\nbecause of such membership; or\n(f) is assisting a public sector employee in carrying out the public\nsector employee's duties; or\n(fa) is assisting a justice of the peace in carrying out the justice's\nfunctions; or\n(g) is engaged in the lawful service of any court document or in\nthe lawful execution of any process against any property or in\nmaking a lawful distress; or\n(h) has done an act in the execution of any duty imposed on him\nby law and the assault is committed because of such act; or\n(j) is assaulted in pursuance of any unlawful conspiracy; or\n(ja) is assaulted by choking, suffocation or strangulation, as\ndefined in section 186AA; or\n(m) is threatened with a firearm or other dangerous or offensive\nweapon;\nthe offender is guilty of an offence and is liable to imprisonment for\n5 years.\n","sortOrder":222},{"sectionNumber":"188A","sectionType":"section","heading":"Assaults on workers","content":"188A Assaults on workers\n(1) A person who unlawfully assaults a worker who is working in the\nperformance of his or her duties is guilty of an offence.\n(2) The maximum penalty for the offence is as follows:\n(a) if the victim suffers harm:\n(i) if the person is found guilty on indictment –\nimprisonment for 7 years; or\n(ii) if the person is found guilty summarily – imprisonment\nfor 3 years;\n\nCriminal Code Act 1983 158\n(b) if the victim does not suffer harm:\n(i) if the person is found guilty on indictment –\nimprisonment for 5 years; or\n(ii) if the person is found guilty summarily – imprisonment\nfor 2 years.\n(3) A person is a worker for this section if he or she carries out\nemployment related activities (work) in any lawful capacity,\nincluding work as any of the following:\n(a) an employee;\n(b) a contractor or subcontractor;\n(c) an apprentice or trainee;\n(d) a student gaining work experience;\n(e) a volunteer;\n(f) a self-employed person;\n(g) a person appointed under a law in force in the Territory to\ncarry out functions or to hold an office.\n(4) However, the following are not workers for this section:\n(a) a police officer;\n(b) an emergency worker.\nNote for subsection (4)\nSection 189A applies in relation to assaults on police officers and emergency\nworkers.\n","sortOrder":223},{"sectionNumber":"189A","sectionType":"section","heading":"Assaults on police or emergency workers","content":"189A Assaults on police or emergency workers\n(1) Any person who unlawfully assaults a police officer or emergency\nworker in the execution of the officer's or worker's duty is guilty of\nan offence and is liable to imprisonment for 5 years.\n(2) If the police officer or emergency worker assaulted:\n(a) suffers harm, the offender is liable to imprisonment for\n7 years; or\n(ab) suffers harm and the assault includes spitting by the offender,\nthe offender is liable to imprisonment for 10 years; or\n\nCriminal Code Act 1983 159\n(b) suffers serious harm, the offender is liable to imprisonment for\n16 years.\n","sortOrder":224},{"sectionNumber":"189","sectionType":"section","heading":"Unlawful stalking","content":"189 Unlawful stalking\n(1) A person (the offender) stalks another person (the victim) if the\noffender engages in conduct that includes repeated instances of or\na combination of any of the following:\n(a) following the victim or any other person;\n(b) telephoning, sending electronic messages to, or otherwise\ncontacting, the victim or another person;\n(c) entering or loitering outside or near the victim's or another\nperson's place of residence or of business or any other place\nfrequented by the victim or the other person;\n(d) interfering with property in the victim's or another person's\npossession (whether or not the offender has an interest in the\nproperty);\n(e) giving offensive material to the victim or another person or\nleaving it where it will be found by, given to or brought to the\nattention of, the victim or the other person;\n(f) keeping the victim or another person under surveillance;\n(g) acting in any other way that could reasonably be expected to\narouse apprehension or fear in the victim for his or her own\nsafety or that of another person,\nwith the intention of causing physical or mental harm to the victim or\nof arousing apprehension or fear in the victim for his or her own\nsafety or that of another person and the course of conduct engaged\nin actually did have that result.\n(1A) For the purposes of this section, an offender has the intention to\ncause physical or mental harm to the victim or to arouse\napprehension or fear in the victim for his or her own safety or that of\nanother person if the offender knows, or in the particular\ncircumstances a reasonable person would have been aware, that\nengaging in a course of conduct of that kind would be likely to\ncause such harm or arouse such apprehension or fear.\n(2) A person who stalks another person is guilty of an offence and is\nliable:\n(a) to imprisonment for 2 years; or\n\nCriminal Code Act 1983 160\n(b) where:\n(i) the person's conduct contravened a condition of bail or\nan injunction or order imposed by a court (either under a\nlaw of the Commonwealth, the Territory, a State or\nanother Territory of the Commonwealth); or\n(ii) the person was, on any occasion to which the charge\nrelates, in the possession of an offensive weapon,\nto imprisonment for 5 years.\n","sortOrder":225},{"sectionNumber":"190","sectionType":"section","heading":"Assaults on the Administrator or judges","content":"190 Assaults on the Administrator or judges\n(1) Any person who unlawfully assaults the Administrator or a judge\nwhilst he is engaged in the discharge of his official functions or\nbecause of anything done or omitted to be done by him in the\nexercise of his official functions, is guilty of an offence and is liable\njudge means the following:\n(a) a Judge or Associate Judge of the Supreme Court;\n(b) a Local Court Judge.\n","sortOrder":226},{"sectionNumber":"191","sectionType":"section","heading":"Assaults on member of crew of aircraft","content":"191 Assaults on member of crew of aircraft\nAny person who, while on board an aircraft, unlawfully assaults a\nmember of the crew of the aircraft or threatens such a member with\nany violence, injury or detriment of any kind to be caused to him, or\nany other person on the aircraft, by the offender or by any other\nperson with the intention of affecting the performance by the\nmember of his functions or duties in connection with the operation\nof the aircraft or with the intention of lessening his ability to perform\nthose functions or duties, is guilty of an offence and is liable to\n","sortOrder":227},{"sectionNumber":"193","sectionType":"section","heading":"Assaults with intent to commit an offence","content":"193 Assaults with intent to commit an offence\nUnless otherwise expressly provided, any person who unlawfully\nassaults a person with intent to commit an offence is guilty of an\noffence and is liable to imprisonment for 3 years.\n\nCriminal Code Act 1983 161\n","sortOrder":228},{"sectionNumber":"193A","sectionType":"section","heading":"Interpretation","content":"193A Interpretation\nappropriates means assumes the rights of the owner of the\nproperty and includes, if the person has come by the property\nwithout stealing it, any later assumption of a right to it by keeping or\ndealing with it as owner.\ndepriving means permanently depriving and appropriating or\nborrowing property without meaning the person to whom it belongs\npermanently to lose the property if the intention of the person\nappropriating or borrowing it is to treat the property as the person's\nown to dispose of (including to dispose of by lending or under a\ncondition as to its return that the person may not be able to\nperform) regardless of the rights of the person to whom it belongs.\nsteals means unlawfully appropriates property of another with the\nintention of depriving that person of it whether or not at the time of\nthe appropriation the person appropriating the property was willing\nto pay for it, but does not include the appropriation of property by a\nperson with the reasonable belief that the property has been lost\nand the owner of the property cannot be discovered.\n(2) A person cannot steal land or things forming part of the land and\nsevered from it by the person or at the person's directions, except:\n(a) if the person has legal authority to sell or dispose of land\nbelonging to another person and the person appropriates the\nland or anything forming part of it – by dealing with it in breach\nof the confidence reposed in the person; or\n(b) if the person is not in possession of the land and the person\nappropriates anything forming part of the land – by severing it\nor causing it to be severed, or after it has been severed; or\n(c) if, being in possession of the land under a tenancy or holding\nover after a tenancy – the person appropriates the whole or\npart of any fixture or structure let to be used with the land.\n(3) If property is subject to a trust, the persons to whom it belongs are\nto be regarded as including any person having a right to enforce the\ntrust and an intention to defeat the trust is to be regarded as an\nintention to deprive any person having that right of the property.\n(4) If a person (person A) receives property from or on account of\nanother person (person B) and is under an obligation to person B\nto retain or deal with it or its proceeds in a particular way, the\n\nCriminal Code Act 1983 162\nproperty or proceeds are to be regarded, as against person A, as\nbelonging to person B until the obligation is discharged.\n(5) If a person obtains property by another person's mistake and is\nunder an obligation to make restoration, in whole or in part, of the\nproperty or its proceeds or its value, then, to the extent of that\nobligation, the property or proceeds are to be regarded, as against\nthe person who has so obtained it, as belonging to the person\nentitled to restoration and an intention not to make restoration is to\nbe regarded as an intention to deprive that person of the property or\nproceeds.\n(6) Property of a corporation sole belongs to the corporation despite a\nvacancy in the corporation.\n","sortOrder":229},{"sectionNumber":"193B","sectionType":"section","heading":"Assault with intent to steal","content":"193B Assault with intent to steal\n(1) Any person who assaults another person with intent to steal\nanything is guilty of an offence and is liable to imprisonment for\n(2) If the offender is armed with a firearm or any other dangerous or\noffensive weapon or is in company with one or more person or\npersons or if the assault causes harm, the offender is liable to\n(3) If the offender is armed with a firearm and immediately before, at or\nimmediately after the assault the offender injures any person by\ndischarging it, the offender is liable to imprisonment for life.\n","sortOrder":230},{"sectionNumber":"194","sectionType":"section","heading":"Kidnapping for ransom","content":"194 Kidnapping for ransom\n(a) with intent to extort or gain anything from or procure anything\nto be done or omitted to be done by a person by a demand\ncontaining threats of injury or detriment to be caused to a\nperson, either by the offender or another person, if the\ndemand is not complied with, takes or entices away or detains\nthe person in respect of whom the threats are made; or\n(b) receives, confines or detains the person in respect of whom\nthe threats are made, knowing the person to have been so\ntaken or enticed away or detained,\nis guilty of an offence that is called kidnapping for ransom.\n\nCriminal Code Act 1983 163\n(2) Any person who commits the offence of kidnapping for ransom is\nliable to imprisonment for 20 years.\n(3) If the person kidnapped has been set at liberty without having\nsuffered serious harm, the offender is liable to imprisonment for\n10 years.\n","sortOrder":231},{"sectionNumber":"195","sectionType":"section","heading":"Kidnapping","content":"195 Kidnapping\nAny person who takes or entices away or detains another with\nintent to compel that other person to work for him against his will is\n","sortOrder":232},{"sectionNumber":"196","sectionType":"section","heading":"Deprivation of liberty","content":"196 Deprivation of liberty\n(1) Any person who confines or detains another in any place against\nhis will, or otherwise deprives another of his personal liberty, is\n(2) It is lawful for a parent or guardian, or a person in the place of a\nparent or guardian, or for a school teacher, by way of correction, to\nimpose such confinement or detention, or to cause such deprivation\nof personal liberty of a child, as is reasonable under the\ncircumstances.\n(3) A person is excused from criminal responsibility for an offence\nagainst this section if he believes, on reasonable grounds, that the\nperson confined, detained or deprived of his personal liberty needs\nto be confined, detained or deprived of his personal liberty for his\nown protection or benefit.\n","sortOrder":233},{"sectionNumber":"197","sectionType":"section","heading":"False certificates by officers charged with duties relating to","content":"197 False certificates by officers charged with duties relating to\nliberty\n(a) being required by law to give any certificate touching any\nmatter by virtue whereof the liberty of any person may be\naffected, gives a certificate that, in any material particular, is to\nhis knowledge false; or\n(b) not being a person authorized by law to give such a certificate,\ngives such a certificate and represents himself to be a person\nauthorized to give it,\n\nCriminal Code Act 1983 164\n","sortOrder":234},{"sectionNumber":"198","sectionType":"section","heading":"Concealment of matters affecting liberty","content":"198 Concealment of matters affecting liberty\n(a) being required by law to keep any record touching any matter\nrelating to any person in confinement, refuses or neglects to\nkeep such record, or makes in such record an entry that, in\nany material particular, is to his knowledge false; or\n(b) being required by law to give any information to any person\ntouching any person in confinement, or to show to any person\nany person in confinement, or any place in which a person is\nconfined:\n(i) refuses or neglects to give such information, or to show\nsuch person or place, to any person to whom he is so\nrequired to give the information or show the person or\nplace; or\n(ii) gives to any person to whom he is so required to give it\ninformation touching any such matter that, in any\nmaterial particular, is to his knowledge false,\n","sortOrder":235},{"sectionNumber":"199","sectionType":"section","heading":"Wrongful custody of mentally ill person","content":"199 Wrongful custody of mentally ill person\nAny person who detains or assumes the custody of a mentally ill\nperson contrary to the provisions of the laws relating to mentally ill\npersons is guilty of an offence and is liable to imprisonment for\n2 years.\n","sortOrder":236},{"sectionNumber":"200","sectionType":"section","heading":"Threats","content":"200 Threats\nAny person who threatens to do any injury, or cause any detriment,\nof any kind to another with intent to prevent or hinder that other\nperson from doing any act that he is lawfully entitled to do, or with\nintent to compel him to do any act that he is lawfully entitled to\nabstain from doing, is guilty of an offence and is liable to\n","sortOrder":237},{"sectionNumber":"201","sectionType":"section","heading":"Abduction, enticement or detention of child under 16 years for","content":"201 Abduction, enticement or detention of child under 16 years for\nimmoral purpose\nAny person who takes or entices away or detains a child who is\nunder the age of 16 years with the intention that he or another shall\nhave sexual intercourse with the child or that the child shall be\nindecently dealt with or exposed to indecent behaviour, is guilty of\nan offence and is liable to imprisonment for 7 years.\n\n","sortOrder":238},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Sexual servitude and deceptive recruiting for sexual services","content":"Division 6A Sexual servitude and deceptive recruiting for sexual services\nCriminal Code Act 1983 165\n","sortOrder":239},{"sectionNumber":"202","sectionType":"section","heading":"Abduction of child under 16 years","content":"202 Abduction of child under 16 years\n(1) Any person who takes a child who is under the age of 16 years out\nof the custody or protection of that child's parent or other person\nhaving the lawful care or charge of the child and against the will of\nthe parent or other person is guilty of an offence and is liable to\n(2) If the offender is an adult or if the child is under the age of 14 years,\nhe is liable to imprisonment for 7 years.\n(3) It is immaterial that the offender believes the child to be of or above\nthe age of 16 years or 14 years.\n(4) It is immaterial that the child was taken with the child's consent or at\nthe child's suggestion.\nDivision 6A Sexual servitude and deceptive recruiting for\nsexual services\n","sortOrder":240},{"sectionNumber":"202A","sectionType":"section","heading":"Interpretation","content":"202A Interpretation\nsexual services means the commercial use or display of the body\nof the person providing the services for the sexual gratification of\nothers.\nsexual servitude means the condition of a person who provides\nsexual services and who, because of the use of force or threat, is\nnot free:\n(a) to stop providing sexual services; or\n(b) to leave the place or area where the person provides sexual\nservices.\nthreat means:\n(a) a threat of force;\n(b) a threat to cause a person's deportation; or\n(c) a threat of other detrimental action.\n(2) For the purposes of this Division, the question whether, because of\nthe use of force or a threat, a person is not free:\n(a) to stop providing sexual services; or\n\nDivision 6A Sexual servitude and deceptive recruiting for sexual services\nCriminal Code Act 1983 166\n(b) to leave the place or area where the person provides sexual\nservices,\nis to be decided according to whether a reasonable adult would\nconsider, in the circumstances, that the person is not free to stop\nproviding the services or to leave the place or area.\n","sortOrder":241},{"sectionNumber":"202B","sectionType":"section","heading":"Sexual servitude","content":"202B Sexual servitude\n(1) A person who causes an adult to enter into or continue in sexual\nservitude is guilty of an offence and is liable to imprisonment for\n15 years.\n(2) A person who causes a child of or over the age of 12 years to enter\ninto or continue in sexual servitude is guilty of an offence and is\nliable to imprisonment for 20 years.\n(3) A person who causes a child under the age of 12 years to enter into\nor continue in sexual servitude is guilty of an offence and is liable to\n","sortOrder":242},{"sectionNumber":"202C","sectionType":"section","heading":"Conducting business involving sexual servitude","content":"202C Conducting business involving sexual servitude\n(1) A person who conducts a business that involves the sexual\nservitude of adults is guilty of an offence and is liable to\nimprisonment for 15 years.\n(2) A person who conducts a business that involves the sexual\nservitude of a child of or over the age of 12 years is guilty of an\noffence and is liable to imprisonment for 20 years.\n(3) A person who conducts a business that involves the sexual\nservitude of a child under the age of 12 years is guilty of an offence\nand is liable to imprisonment for life.\n(4) In this section, a reference to a person who conducts a business\nincludes a reference to:\n(a) a person who takes part in the management of the business;\n(b) a person who exercises control or direction over the business;\nand\n(c) a person who provides finance for the business.\n","sortOrder":243},{"sectionNumber":"202D","sectionType":"section","heading":"Deceptive recruiting for sexual services","content":"202D Deceptive recruiting for sexual services\n(1) A person who, with the intention of inducing another person to enter\ninto an engagement to provide sexual services, deceives that\nperson about the fact that the engagement will involve the provision\n\nCriminal Code Act 1983 167\nof sexual services is guilty of an offence and is liable to\nimprisonment for 10 years.\n(2) If the person deceived by the offender is a child, the offender is\nliable to imprisonment for 15 years.\n","sortOrder":244},{"sectionNumber":"202E","sectionType":"section","heading":"Knowledge of age immaterial","content":"202E Knowledge of age immaterial\nIt is immaterial in relation to an offence against this Division\ncommitted with respect to a person who was at the time of the\noffence a child, or a child of a specified age, that the accused\nperson:\n(a) did not know that the person was a child or a child of a\nspecified age; or\n(b) believed that the person was an adult or a child of a different\nage.\n","sortOrder":245},{"sectionNumber":"203","sectionType":"section","heading":"Definitions","content":"203 Definitions\ndefamatory matter and publishes have the same meaning as in\nthe civil law of defamation at the time of the publication complained\nof.\nunlawfully means the publication would not be justified, privileged\nor excused by the civil law of defamation at the time of the\npublication complained of.\n","sortOrder":246},{"sectionNumber":"204","sectionType":"section","heading":"Unlawful publication of defamatory matter","content":"204 Unlawful publication of defamatory matter\nAny person who unlawfully publishes any defamatory matter:\n(a) with intent to cause or that causes or is likely to cause a\nbreach of the peace;\n(b) with intent to cause loss;\n(c) with intent to interfere with the free and informed exercise of a\npolitical right;\n(d) with intent to prevent or deter a person from performing any\nduty imposed on him by law;\n\nCriminal Code Act 1983 168\n(e) with intent to prevent or deter any person from doing any act\nthat he is lawfully entitled to do or to compel him to do any act\nthat he is lawfully entitled to abstain from doing;\n(f) with intent to prevent any lawful investigation or inquiry; or\n(g) with intent to interfere with or to influence any judicial\nproceedings;\n","sortOrder":247},{"sectionNumber":"205","sectionType":"section","heading":"Publishing or threatening to publish defamatory matter with","content":"205 Publishing or threatening to publish defamatory matter with\nintent to extort money\nAny person who publishes, or directly or indirectly threatens to\npublish, or directly or indirectly proposes to abstain from publishing,\nor directly or indirectly offers to prevent the publication of, any\ndefamatory matter concerning another with intent to extort any\nproperty from such person or any other person, or with intent to\ninduce any person to give, confer or obtain, or to attempt to obtain,\nto, upon or for any person any property or benefit of any kind, is\nguilty of an offence and is liable to imprisonment for 3 years.\n","sortOrder":248},{"sectionNumber":"206","sectionType":"section","heading":"Further application of civil law","content":"206 Further application of civil law\nIn the prosecution of an offence against this Division, whether any\nparticular matter is a matter of law or fact shall be determined by\nthe civil law of defamation at the time of the publication complained\nof.\n","sortOrder":249},{"sectionNumber":"207","sectionType":"section","heading":"Burden of proof","content":"207 Burden of proof\nIn the prosecution of an offence against this Division, the burden of\nproving all issues shall be upon the prosecution.\n","sortOrder":250},{"sectionNumber":"208","sectionType":"section","heading":"Prosecutions to be sanctioned by Crown Law Officer","content":"208 Prosecutions to be sanctioned by Crown Law Officer\nA prosecution of an offence against this Division cannot be begun\nexcept by the direction of a Crown Law Officer.\n208AA Definitions\nconsent means free and voluntary agreement.\n\nCriminal Code Act 1983 169\ndistribute, in relation to an image, includes engaging in the\nfollowing conduct, whether manually, electronically, digitally or in\nany other manner:\n(a) publish, exhibit, show, communicate, send, supply or transmit\nthe image to another person;\n(b) make the image available for viewing or access by another\nimage means a moving or still image in any form.\nExamples for definition image\n1 A file stored on a computer.\n2 A photo stored on a phone.\nintimate image means an image that depicts or has been altered\nto appear to depict:\n(a) a person engaged in a sexual act of a kind not ordinarily seen\nin public; or\n(b) a person in a manner or context that is sexual; or\n(c) the genital or anal region of a person, whether bare or covered\nby underwear; or\n(d) a breast, whether bare or covered by underwear, of a female\nperson or of a transgender or intersex person who identifies\nas female.\n208AAB Recording or capturing intimate image without consent\n(a) the person intentionally records or captures an image of\n(b) the image is an intimate image and the person is reckless in\n(c) the other person did not consent to the recording or capturing\nof the image at the time it was recorded or captured and the\nperson is reckless in relation to that circumstance.\n\nCriminal Code Act 1983 170\nsubsection (1) if the image:\n(a) was recorded or captured by a law enforcement officer acting\nreasonably in the performance of the officer's duty; or\n(b) was recorded or captured for the purpose of reporting unlawful\nconduct by the other person to a law enforcement officer; or\n(c) is of a person incapable of giving consent and was recorded\nor captured:\n(i) for a scientific, medical or educational purpose; or\n(ii) in other circumstances that a reasonable person would\nregard as acceptable.\nExample for subsection (2)(c)(ii)\nTaking a photograph or video of a naked newborn relative.\n(3) A person under 16 years of age is taken to be incapable of\nconsenting to the recording or capturing of an intimate image of the\n208AB Distribution of intimate image without consent\n(a) the person intentionally distributes an image of another\n(b) the image is an intimate image and the person is reckless in\n(c) the other person did not consent to the distribution and the\nperson is reckless as to the lack of consent.\n(2) Subsection (1) does not apply to the distribution of an intimate\nimage in the following circumstances:\n(a) to only the person depicted in the image;\n(b) by a law enforcement officer acting reasonably in the\nperformance of the officer's duty;\n(c) for the purpose of reporting unlawful conduct to a law\nenforcement officer;\n\nCriminal Code Act 1983 171\n(d) when required by a court or reasonably required for the\npurpose of a legal proceeding;\n(e) for a scientific, medical or educational purpose;\n(f) by a person solely in the person's capacity as an internet\nservice provider, internet content host or a carriage service\nprovider;\n(g) of a child, or other person incapable of giving consent, in\ncircumstances that a reasonable person would regard as\nacceptable.\nExample for subsection (2)(e)\nA doctor sends an image of a female patient's breast to another doctor for a\nsecond opinion about the patient's medical condition.\nExample for subsection (2)(g)\nSharing a photograph or movie of a naked newborn relative.\n(3) A person under the age of 16 years is taken to be incapable of\nconsenting to the distribution of an intimate image of the person.\n(4) A person who consents to the distribution of an intimate image on a\nparticular occasion is not, by reason only of that fact, to be\nregarded as having consented to the distribution of that image or\nany other image on another occasion.\n(5) A person who consents to the distribution of an intimate image to a\nparticular person or in a particular way is not, by reason only of that\nfact, to be regarded as having consented to the distribution of that\nimage or any other image to another person or in another way.\n(6) A person who distributes an intimate image of the person is not, by\nreason only of that fact, to be regarded as having consented to any\nother distribution of the image.\n(7) This section does not limit the grounds on which it may be\nestablished that a person does not consent to the distribution of an\nintimate image.\n208AC Threaten to distribute intimate images\n(a) intentionally threatens to distribute an intimate image of\n\nCriminal Code Act 1983 172\n(b) intends the other person to fear that the threat would be\n(2) In a prosecution for an offence against this section:\n(a) a threat may be made by any conduct, whether explicit,\nimplicit, conditional or unconditional; and\n(b) it is not necessary to prove that the other person actually\n(c) a person may be found guilty even if carrying out the threat is\nimpossible.\nExamples for subsection (2)(c)\n1 The image does not exist.\n2 Technical limitations prevent the person from distributing the image.\n208AD Prosecution of child to be approved\nA prosecution of a child for an offence against this Division must not\nbe commenced without the consent of the Director of Public\nProsecutions.\n208AE Court may order rectification\n(1) A court may order a person found guilty by the court of an offence\nunder this Division to take reasonable action to remove, retract,\nrecover, delete or destroy any intimate images related to the\noffence within a stated period.\n(2) A person commits an offence if the person:\n(a) knows the person is subject to an order under subsection (1);\nand\n(b) intentionally engages in conduct; and\n(c) the conduct results in non-compliance with the court order and\nthe person is reckless in relation to that result.\n\nCriminal Code Act 1983 173\n","sortOrder":251},{"sectionNumber":"208A","sectionType":"section","heading":"Termination of pregnancy performed by unqualified person","content":"208A Termination of pregnancy performed by unqualified person\n(i) administers a drug to a woman or causes a drug to be\ntaken by a woman; or\n(ii) uses an instrument or other thing on a woman; and\n(b) the person intends by that conduct to cause the termination of\nthe woman's pregnancy; and\n(c) the person is not a qualified person.\n(a) the person intentionally procures for, or supplies to, a woman\na drug, instrument or other thing; and\n(b) the drug, instrument or other thing is intended to be used for\nthe purpose of causing the termination of the woman's\npregnancy and the person has knowledge of that\n(c) the person is not a qualified person.\n(3) Strict liability applies to subsections (1)(c) and (2)(c).\n(4) This section does not apply to a woman who consents to, or assists\nin, the performance of a termination on herself.\n(5) For this section, each of the following, when acting in accordance\nwith the Termination of Pregnancy Law Reform Act 2017, is a\nqualified person:\n(a) a medical practitioner;\n(b) an authorised ATSI health practitioner;\n(c) an authorised midwife;\n(d) an authorised nurse;\n\nCriminal Code Act 1983 174\n(e) an authorised pharmacist.\nATSI health practitioner means a person registered under the\nHealth Practitioner Regulation National Law to practise in the\nAboriginal and Torres Strait Islander health practice profession\n(other than as a student).\nauthorised, see section 4 of the Termination of Pregnancy Law\nReform Act 2017.\nmidwife means a person registered under the Health Practitioner\nRegulation National Law to practise in the midwifery profession\n(other than as a student).\nnurse means a person registered under the Health Practitioner\nRegulation National Law to practise in the nursing profession (other\nthan as a student).\npharmacist means a person registered under the Health\nPractitioner Regulation National Law to practise in the pharmacy\nprofession (other than as a student).\nwoman, see section 4 of the Termination of Pregnancy Law\nReform Act 2017.\n","sortOrder":252},{"sectionNumber":"208D","sectionType":"section","heading":"Activities involving serious harm or risk of death or serious","content":"208D Activities involving serious harm or risk of death or serious\nharm\nPart that is constituted by conduct that causes serious harm to\nanother person or gives rise to a danger of death or serious harm to\nanother person if:\n(a) the conduct concerned is engaged in by the person for the\npurpose of benefiting the other person or pursuant to a\nsocially acceptable function or activity; and\n(b) having regard to the purpose, function or activity, the conduct\nwas reasonable.\n\nCriminal Code Act 1983 175\n","sortOrder":253},{"sectionNumber":"208E","sectionType":"section","heading":"Law enforcement officers","content":"208E Law enforcement officers\nPart if:\n(a) the person is, at the time of the offence, a public officer acting\nin the course of his or her duty as a police officer, correctional\nservices officer or other law enforcement officer; and\n(b) the conduct of the person is reasonable in the circumstances\nfor performing that duty.\n","sortOrder":254},{"sectionNumber":"208F","sectionType":"section","heading":"Evidential burden of proof","content":"208F Evidential burden of proof\nA defendant who wishes to deny criminal responsibility by relying\non a provision of this Division bears an evidential burden in relation\nto that matter.\n","sortOrder":255},{"sectionNumber":"208G","sectionType":"section","heading":"Definitions","content":"208G Definitions\naggravated offence means an offence against this Part to which a\ncircumstance of aggravation mentioned in section 208P applies.\narticle includes any thing:\n(a) that contains or embodies matter to be read or looked at; or\n(b) that is to be looked at; or\n(c) that is a record; or\n(d) that can be used, either alone or as one of a set, for the\nproduction or manufacture of any thing referred to in\nparagraphs (a), (b) or (c).\nclose family member, for Division 6, see section 208M.\ncognitive impairment, for Division 5, see section 208L.\nconsent, see section 208GA.\ngenitals includes internal and external genitals and any surgically\nconstructed genitals.\n\nCriminal Code Act 1983 176\nhistorical offence means any of the following offences:\n(a) an offence against section 127, 128, 130, 132, 134, 188(2)(k),\n192 or 192B as in force at any time before the commencement\nof this Part;\n(b) an offence against section 129 or 135, as in force at any time\nbefore the commencement of the Law Reform (Gender,\nSexuality and De Facto Relationships) Act 2003;\n(c) an offence against another repealed provision of an Act that is\nsubstantially similar to an offence mentioned in paragraph (a)\nor (b).\nindecent, see section 208GB(1).\nmarried means married according to the law of Australia.\npart of the body includes a surgically constructed part of the body.\npenis includes a surgically constructed penis.\nposition of authority, see section 208GC.\nsenior rank, in relation to a police officer, means a rank of or above\nthe rank of Commander.\nsexual intercourse means any of the following:\n(a) the penetration (to any extent) of the genitals or anus of a\nperson with any part of the body of a person or with anything\ncontrolled by a person;\n(b) the penetration (to any extent) of the mouth of a person with\nthe penis of a person;\n(c) cunnilingus;\n(d) fellatio;\n(e) the continuation of an act mentioned in paragraphs (a) to (d).\nNote for definition sexual intercourse\nSection 208PC provides a general exception for an offence against this Part for\nengaging in sexual intercourse in the course of a procedure carried out in good\nfaith for medical or hygienic purposes.\nsexually involved with, see section 208GD.\ntouches, see section 208GE.\n\nCriminal Code Act 1983 177\n208GA Consent\n(1) Consent, to a sexual act, means free and voluntary agreement to\nthe act.\n(2) Circumstances in which a person does not consent to a sexual act\ninclude circumstances in which:\n(a) the person submits to the act because of force or the fear of\nforce to the person or to someone else; or\n(b) the person submits to the act because the person is unlawfully\ndetained; or\n(c) the person submits to the act because of a false\nrepresentation as to the nature or purpose of the act; or\n(d) the person is asleep or unconscious or is so affected by\nalcohol, a drug or another substance as to be incapable of\nconsenting; or\n(e) the person is incapable of understanding the sexual nature of\nthe act; or\n(f) the person is mistaken about the sexual nature of the act; or\n(g) the person is mistaken about the identity of another person\ninvolved in the act; or\n(h) the person consents to the act with a condom, but another\nperson involved in the act does not use or intentionally\ndisrupts or removes the condom without the person's consent.\nExample for subsection (2)(f)\nThe person mistakenly believes the act is for medical or hygienic purposes.\nsexual act means an act that constitutes an element of an offence\nagainst this Part.\nNote for section 208GA\nSection 208PB also requires that the Judge direct a jury, in a relevant case, as to\nthe factors to which the jury may have regard in determining whether or not there\nwas consent.\n208GB Indecent and grossly indecent\n(1) An act, including touching, an image or a thing is indecent if it is\nindecent according to the standards of ordinary people.\n\nCriminal Code Act 1983 178\n(2) In a prosecution for an offence against this Part, indecency or gross\nindecency is a matter for the trier of fact.\n208GC Meaning of position of authority\n(1) A person is in a position of authority in relation to a person who is\n16 or 17 years of age (the young person) if, at the time of the\nconduct concerned:\n(a) the person is a parent, step-parent, foster parent, legal\nguardian or legal custodian of the young person; or\n(b) the person is a teacher at a school and the young person is\nenrolled at the school; or\n(c) the person is an employer of the young person; or\n(d) the person is a counsellor to the young person in a\nprofessional capacity; or\n(e) the person is a health practitioner and the young person is the\nperson's patient; or\n(f) the person is a police officer, correctional services officer or\ncommunity youth justice officer and the young person is in the\nperson's care, custody, control or supervision as such an\nofficer; or\n(g) the person has authority over the young person because of\nthe circumstances of the person's relationship with the young\nperson, regardless of whether the authority is exercised\nlawfully; or\n(h) the person has established a personal relationship with the\nyoung person in connection with the care, supervision or\nreligious, sporting, musical or other instruction of the young\nExample for subsection (1)(g)\nThe person supplies the young person with drugs.\nExample for subsection (1)(h) of a person who has established a personal\nrelationship in connection with the supervision of a young person\nThe person supervises the young person in the course of employment or training.\n(2) In subsection (1):\ncommunity youth justice officer, see section 5(1) of the Youth\nJustice Act 2005.\n\nCriminal Code Act 1983 179\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession (other than as a student).\n208GD Meaning of sexually involved with\nA person is sexually involved with an animal if any of the\nfollowing occur:\n(a) the person inserts (to any extent) any part of the person's\nbody or a thing controlled by the person into the genitals or\nanus of the animal;\n(b) the person inserts (to any extent) the person's penis into the\nmouth of the animal;\n(c) the person touches the animal's genitals with any part of the\nperson's mouth;\n(d) the animal's penis is inserted (to any extent) into the person's\ngenitals, anus or mouth;\n(e) any part of the animal's mouth touches the person's genitals.\nNote for definition sexually involved with\nSection 208PC provides a general exception for an offence against this Part for\nacts done in the course of a procedure carried out in good faith for veterinary or\nagricultural purposes.\n208GE Meaning of touches\nA person touches another person if the person touches the other\nperson with any part of the person's body or with anything\ncontrolled by the person.\n","sortOrder":256},{"sectionNumber":"208H","sectionType":"section","heading":"Sexual intercourse – without consent","content":"208H Sexual intercourse – without consent\n(b) the other person does not consent to the sexual intercourse\n\nCriminal Code Act 1983 180\n(2) The offence of attempting to commit an offence against\nsubsection (1) is punishable by imprisonment not exceeding:\n(a) 20 years; or\n(b) for an aggravated offence – 25 years.\n208HA Compelling sexual intercourse or penetration – without\nconsent\n(a) the person intentionally compels, by force or otherwise,\nanother person:\n(b) the other person does not consent to engaging in the conduct\n208HB Gross indecency – without consent\n(a) the person intentionally performs an act on another person;\nand\n(c) the other person does not consent to the act being performed\n\nCriminal Code Act 1983 181\n(b) the conduct results in another person performing an act on the\nperson and the person intends that result; and\n(c) the act is grossly indecent; and\n(d) the other person does not consent to performing the act and\n(3) Absolute liability applies to subsections (1)(b) and (2)(c).\n208HC Indecent touching or act – without consent\n(ii) engages in an act directed at another person; and\n(c) the other person does not consent to the touching or act and\n(b) the conduct results in the person being touched by another\nperson and the person intends that result; and\n(c) the touching is indecent; and\n(d) the other person does not consent to the touching and the\nperson is reckless in relation to the other person's lack of\n(3) Absolute liability applies to subsections (1)(b) and (2)(c).\n\nCriminal Code Act 1983 182\n208HD Compelling indecent touching or act – without consent\n(a) the person intentionally compels, by force or otherwise,\nanother person:\n(c) the other person does not consent to the touching or act and\n208HE Recklessness in sexual offences\nDespite section 43AK, for an offence against this Division:\n(a) being reckless in relation to a lack of consent to sexual\nintercourse, engaging in conduct, the performance of an act,\ntouching or an act includes not giving any thought to whether\nor not the other person consents to the sexual intercourse,\nengaging in the conduct, the performance of the act, the\ntouching or the act; and\n(b) the trier of fact must have regard to all the circumstances of\nthe case including any steps taken by the person to ascertain\nwhether the other person consents to the sexual intercourse,\nengaging in the conduct, the performance of the act, the\ntouching or the act.\n208HF Attempt to commit sexual offence and recklessness\n(1) Despite section 43BF(4), if recklessness is a fault element for a\nphysical element of an offence against this Division, recklessness is\nalso a fault element for the same physical element in relation to an\nattempt to commit that offence.\n\nCriminal Code Act 1983 183\n(2) The fault element of recklessness mentioned in subsection (1)\nincludes the fault element as extended by section 208HE.\nDivision 3 Sexual acts committed against children under\n","sortOrder":257},{"sectionNumber":"208J","sectionType":"section","heading":"Sexual intercourse – child under 16 years","content":"208J Sexual intercourse – child under 16 years\n(b) the other person is under 14 years of age.\n(a) if the other person is under 10 years of age – imprisonment for\nlife; or\n(b) otherwise – imprisonment for 20 years or, for an aggravated\noffence, 25 years.\n(b) the other person is 14 or 15 years of age.\n(4) Strict liability applies to subsection (3)(b).\nsubsection (3) if:\n(a) the defendant is not more than 24 months older or younger\nthan the person against whom the offence is alleged to have\nbeen committed; and\n(b) the person consented to the sexual intercourse.\n\nCriminal Code Act 1983 184\n208JA Causing sexual intercourse or penetration – child under\n(b) the other person is under 14 years of age.\n(a) if the other person is under 10 years of age – imprisonment for\nlife; or\n(b) otherwise – imprisonment for 20 years or, for an aggravated\noffence, 25 years.\n(b) the other person is 14 or 15 years of age.\n(4) Strict liability applies to subsection (3)(b).\n208JB Gross indecency – child under 16 years\n(i) performs an act on another person; or\n\nCriminal Code Act 1983 185\n(ii) causes or allows another person to perform an act on\nthe person; and\nMaximum penalty: Imprisonment for 20 years or, for an\naggravated offence, 25 years.\n(i) intentionally performs an act on another person; or\n(ii) intentionally causes or allows another person to perform\nan act on the person; and\n208JC Indecent touching or act – child under 16 years\n(ii) causes or allows another person to touch the person; or\n(iii) engages in an act directed at another person; and\n\nCriminal Code Act 1983 186\n(ii) causes or allows another person to touch the person; or\n(iii) engages in an act directed at another person; and\n208JD Causing indecent touching or act – child under 16 years\n\nCriminal Code Act 1983 187\n208JE Exposure to indecent thing or act – child under 16 years\n(a) the person intentionally exposes another person to a thing or\nact; and\n(b) the thing or act is indecent; and\n(a) the person intentionally exposes another person to a thing or\nact; and\n(b) the thing or act is indecent; and\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n208JF Recording or capturing indecent image – child under 16 years\n(a) the person intentionally records or captures a visual image of\n\nCriminal Code Act 1983 188\n(b) the image is indecent; and\n(a) the person intentionally records or captures a visual image of\n(b) the image is indecent; and\nsubsection (1) or (2) if the defendant has a reasonable excuse.\nimage means a moving or still image in any form.\nExamples for definition image\n1 A file stored on a computer.\n2 A photo stored on a phone.\nNote for section 208JF\nSee Part V, Division 2 for offences relating to child abuse material.\n208JG Engaging in conduct to procure sexual activity – child\nunder 16 years\n(b) the person does so with the intention of procuring the child to\nengage in sexual activity with the person or another person;\nand\n\nCriminal Code Act 1983 189\n(c) the child is under 14 years of age.\n(b) the person does so with the intention of procuring the child to\nengage in sexual activity with the person or another person;\nand\n(c) the child is 14 or 15 years of age.\n(3) Subsection (1)(b) is the fault element for the conduct in\nsubsection (1)(a) and subsection (2)(b) is the fault element for the\nconduct in subsection (2)(a).\n(4) Absolute liability applies to subsection (1)(c).\n(5) Strict liability applies to subsection (2)(c).\nsexual activity means sexual intercourse, an act of gross\nindecency, indecent touching or an indecent act.\n208JH Grooming to engage in sexual activity – child under 16 years\n(i) who is under 14 years of age; or\n(ii) who the person believes is under 14 years of age.\n\nCriminal Code Act 1983 190\n(i) who is 14 or 15 years of age; or\n(ii) who the person believes is 14 or 15 years of age.\n(a) the person engages in conduct in relation to a contact of a\nperson (the child); and\n(i) who is under 14 years of age; or\n(ii) who the person believes is under 14 years of age.\n(4) A person commits an offence if:\n(a) the person engages in conduct in relation to a contact of a\nperson (the child); and\n(i) who is 14 or 15 years of age; or\n\nCriminal Code Act 1983 191\n(ii) who the person believes is 14 or 15 years of age.\n(5) For subsections (1) to (4):\n(a) subsection (1)(b) is the fault element for the conduct in\nsubsection (1)(a); and\n(b) subsection (2)(b) is the fault element for the conduct in\nsubsection (2)(a); and\n(c) subsection (3)(b) is the fault element for the conduct in\nsubsection (3)(a); and\n(d) subsection (4)(b) is the fault element for the conduct in\nsubsection (4)(a).\n(6) Absolute liability applies to subsections (1)(c)(i) and (3)(c)(i).\n(7) Strict liability applies to subsections (2)(c)(i) and (4)(c)(i).\n(8) A person may be found guilty of an offence against subsection (1),\n(2), (3) or (4) even if:\n(a) it is impossible for the sexual activity mentioned in the\nsubsection to take place; or\n(b) the child is a fictitious person represented to the accused\nperson as a real person; or\n(c) without limiting section 43CA, the accused person and the\nchild or contact, as the case may be, were both outside the\nTerritory at the time at which some or all of the conduct\nconstituting the offence against the subsection occurred, so\nlong as the intended sexual activity would occur in the\n(9) In this section:\ncontact, of a person, means any person who has a relationship of\nany type with the person.\nExamples for definition contact, in relation to a child\nA family member, babysitter, teacher or acquaintance of the child.\nsexual activity means sexual intercourse, an act of gross\nindecency, indecent touching or an indecent act.\n\nCriminal Code Act 1983 192\n208JI Repeated sexual abuse – child under 16 years\n(a) the person intentionally engages in conduct with another\nperson on 2 or more occasions at any time on or\nafter 1 July 1978; and\n(b) the conduct constitutes sexual activity; and\n(c) the other person is under 16 years of age.\nMaximum penalty: See subsection (7).\n(2) Absolute liability applies to subsection (1)(b) and (c).\n(3) It is a defence to a prosecution for an offence against subsection (1)\nif:\n(a) on each occasion on which the conduct occurred:\n(i) the defendant believed, on reasonable grounds, that the\nother person was 16 years of age or older; and\n(ii) the other person was 14 or 15 years of age; or\n(b) engaging in the conduct with a person who is under 16 years\nof age would not have constituted an offence at the time at\nwhich the conduct occurred.\n(4) To avoid doubt, the offence in subsection (1) applies in relation to\nconduct that occurred at any time on or after 1 July 1978.\n(5) For a person to be found guilty of an offence against subsection (1),\nall the members of the jury or, if section 368 applies in relation to\nthe trial, the number of jurors required under that section for a\nmajority verdict, must be satisfied beyond reasonable doubt that the\nevidence shows that the defendant engaged in conduct constituting\nsexual activity with the other person on 2 or more occasions.\n(6) For this section:\n(a) it is immaterial whether the sexual activity was of the same\nnature on each occasion; and\n(b) it is immaterial whether any of the sexual activity occurred\noutside the Territory, as long as at least one occasion of the\nsexual activity occurred in the Territory; and\n\nCriminal Code Act 1983 193\n(c) the prosecution is not required to allege or prove the\nparticulars of any sexual activity that would be necessary if the\nactivity were charged as a separate offence; and\n(d) the jury is not required to be satisfied of the particulars of any\nsexual activity of which it would have to be satisfied if the\nactivity were charged as a separate offence; and\n(e) despite subsection (5), all the members of the jury or, if\nsection 368 applies in relation to the trial, the number of jurors\nrequired under that section for a majority verdict, are not\nrequired to be satisfied about the same sexual activity.\n(7) The maximum penalty for an offence against subsection (1) is as\nfollows:\n(a) for an offence involving occasions of sexual activity all of\nwhich occurred after the commencement – imprisonment for\nlife;\n(b) for an offence involving occasions of sexual activity that\noccurred both before and after the commencement:\n(i) if 2 or more occasions occurred after the\ncommencement – imprisonment for life; or\n(ii) otherwise – the penalty specified in item 3 of the Table;\n(c) for an offence involving occasions of sexual activity all of\nwhich occurred before the commencement:\n(i) if the occasions occurred during only one of the periods\nspecified in the Table – the penalty specified in the Table\nfor that period; or\n(ii) if the occasions occurred during 2 or more of the periods\nspecified in the Table and 2 or more occasions occurred\nduring any of those periods – the higher of the penalties\nspecified in the Table for the periods in which 2 or more\noccasions occurred; or\n(iii) if the occasions occurred during 2 or more of the periods\nspecified in the Table and only one occasion occurred\nduring each of those periods – the lower of the penalties\nspecified in the Table for those periods.\n\nCriminal Code Act 1983 194\nTable\nItem Period Penalty\n1 The period commencing\non 1 July 1978 and\nending on 31 May 1994\nThe penalty is the total of the maximum\npenalties for each historical offence\nconstituted by the occasions of sexual\nactivity that are found to have occurred\nduring this period.\n2 The period commencing\non 1 June 1994 and\nending on\nThe penalty is:\n(a) if the occasions of sexual activity that\nhistorical offence for which the\nmaximum penalty, at the time of the\nactivity, exceeded 14 years –\n(b) otherwise – imprisonment for\n14 years.\n3 The period commencing\non 17 March 2004 and\nending immediately\nbefore the\ncommencement\nThe penalty is:\n(a) if the occasions of sexual activity that\nhistorical offence for which the\nmaximum penalty, at the time of the\nactivity, exceeded 20 years –\n(b) if the occasions of sexual activity that\noffence against section 192B (as in\nforce before the commencement) –\n(c) otherwise – imprisonment for\n20 years.\n\nCriminal Code Act 1983 195\n(8) For the purposes of the Table, an occasion of sexual activity\nconstitutes a historical offence if the sexual activity is the same as\nthe act, omission or event that constitutes the historical offence,\neven if the particulars of the time and place at which the sexual\nactivity took place are not sufficiently particularised to enable the\ndefendant to be charged with or found guilty of the historical\nNote for subsection (8)\nThe mental element applying in relation to the historical offence is to be\ndisregarded in determining whether the sexual activity constituted a historical\n(9) In this section:\ncommencement means the commencement of this section.\nsexual activity means any of the following conduct, unless done in\nthe course of a procedure carried out in good faith for medical or\nhygienic purposes:\n(a) sexual intercourse;\n(b) causing a person to be sexually involved with an animal;\n(c) causing a person to penetrate (to any extent) the person's\nown genitals or anus;\n(d) an act of gross indecency;\n(e) indecent touching;\n(f) an indecent act.\nNote for definition sexual activity\nConduct amounting to an attempt to engage in any conduct specified in\nparagraphs (a) to (f) may be evidence of an attempt to commit an offence against\nsubsection (1).\nTable means the Table to subsection (7).\n208JJ Charge for offence of repeated sexual abuse\n(1) A person may be charged in one indictment with:\n(a) an offence against section 208JI(1); and\n(b) one or more other offences against this Part or a historical\noffence alleged to have been committed by the person in\nrelation to the other person in the course of the alleged\nrepeated sexual abuse.\n\nCriminal Code Act 1983 196\n(2) A person charged in one indictment may be found guilty of and\npunished for any or all of the offences charged.\n(3) A proceeding for an offence against section 208JI(1) must not be\nstarted without the consent of the Director of Public Prosecutions.\n(4) Despite subsection (3), a person may be arrested for or charged\nwith, or remanded in custody or on bail in connection with, an\noffence against section 208JI(1) before the consent of the Director\nof Public Prosecutions is given.\n208JK No defence of consent\nConsent of the person against whom the offence is alleged to have\nbeen committed is not a defence to an offence against this Division,\nexcept as mentioned in section 208J(5).\n208JL No defence of belief in marriage or de facto relationship\nIt is not a defence to an offence against this Division if the person\ncharged with the offence believed the person:\n(a) was married to the child concerned; or\n(b) was the de facto partner of the child concerned.\n208JM Proceeding against child\n(1) A proceeding for the following offences must not be started without\nthe consent of the Director of Public Prosecutions:\n(a) an offence against section 208JG(1) or (2) or 208JH(1), (2),\n(3) or (4) alleged to have been committed by a child;\n(b) an offence against another provision of this Division, other\nthan section 208JI(1), alleged to have been committed by a\nchild under 14 years of age.\n(2) Despite subsection (1), a child mentioned in subsection (1) may be\narrested for or charged with, or remanded in custody or on bail in\nconnection with, the offence before the necessary consent is given.\n\nDivision 4 Sexual acts committed against young persons by persons in positions of\nCriminal Code Act 1983 197\nDivision 4 Sexual acts committed against young persons by\npersons in positions of authority\n208K Sexual intercourse – young person\n(b) the person intentionally engages in sexual intercourse with the\n(c) the other person is 16 or 17 years of age.\n208KA Causing sexual intercourse or penetration – young person\n(b) the person intentionally causes the other person:\n(c) the other person is 16 or 17 years of age.\n208KB Gross indecency – young person\n\nDivision 4 Sexual acts committed against young persons by persons in positions of\nCriminal Code Act 1983 198\n(i) performs an act on the other person; or\n(ii) causes or allows the other person to perform an act on\nthe person; and\n(c) the act is grossly indecent; and\n(d) the other person is 16 or 17 years of age.\naggravated offence, 9 years.\n208KC Indecent touching or act – young person\n(i) touches the other person; or\n(ii) causes or allows the other person to touch the person;\nor\n(iii) engages in an act directed at the other person; and\n(c) the touching or act is indecent; and\n(d) the other person is 16 or 17 years of age.\n208KD No defence of consent\nConsent of the person against whom the offence is alleged to have\nbeen committed is not a defence to an offence against this Division.\n\nCriminal Code Act 1983 199\n208KE Defence – marriage or de facto relationship\nA person who is in a position of authority in relation to another\nperson is not criminally responsible for an offence against this\nDivision in relation to conduct involving the other person if, at the\ntime of the conduct:\n(a) the person was married to, or honestly believed on reasonable\ngrounds that the person was married to, the other person; or\n(b) the person was the de facto partner of, or honestly believed on\nreasonable grounds that the person was the de facto partner\nof, the other person.\nDivision 5 Sexual acts committed against cognitively\nimpaired persons by carers\n","sortOrder":258},{"sectionNumber":"208L","sectionType":"section","heading":"Meaning of cognitive impairment","content":"208L Meaning of cognitive impairment\nFor this Division, a person has a cognitive impairment if:\n(a) the person has one of the following impairments:\n(i) an intellectual disability;\n(ii) a developmental disorder (including an autistic spectrum\ndisorder);\n(iii) a neurological disorder;\n(iv) dementia;\n(v) a severe mental illness;\n(vi) a brain injury; and\n(b) the impairment results in the person requiring supervision or\nsocial habilitation in connection with daily life activities.\n208LA Person responsible for care of person with cognitive\nimpairment\n(1) For this Division, a person is responsible for the care of a person\nwith a cognitive impairment if the person provides care to that\nperson, whether or not on a voluntary basis:\n(a) at a facility at which persons with a cognitive impairment are\ndetained, reside or attend; or\n\nCriminal Code Act 1983 200\n(b) at the home of that person as part of a service or program\nunder which the operator of a facility mentioned in\nparagraph (a), or another government or community\norganisation or service provider, provides care to persons with\na cognitive impairment.\n(2) In subsection (1):\ncare includes health care, education and supervision.\n208LB Sexual intercourse – person with cognitive impairment\n(a) is responsible for the care of a person with a cognitive\n(b) intentionally engages in sexual intercourse with the person\nwith a cognitive impairment.\n208LC Causing sexual intercourse or penetration – person with\ncognitive impairment\n(a) is responsible for the care of a person with a cognitive\n(b) intentionally causes the person with a cognitive impairment:\ngenitals or anus.\n\nCriminal Code Act 1983 201\n208LD Gross indecency – person with cognitive impairment\n(a) the person is responsible for the care of a person with a\ncognitive impairment; and\n(i) performs an act on the person with a cognitive\nimpairment; or\n(ii) causes or allows the person with a cognitive impairment\nto perform an act on the person; and\n(c) the act is grossly indecent.\naggravated offence, 9 years.\n208LE Indecent touching or act – person with cognitive impairment\n(a) the person is responsible for the care of a person with a\ncognitive impairment; and\n(i) touches the person with a cognitive impairment; or\n(ii) causes or allows the person with a cognitive impairment\nto touch the person; or\n(iii) engages in an act directed at the person with a cognitive\n(c) the touching or act is indecent.\n\nDivision 6 Sexual acts committed against close family members\nCriminal Code Act 1983 202\n208LF Defence – consent\n(1) Consent of the person with a cognitive impairment concerned is not\na defence to an offence against this Division, except as provided by\nsubsection (2).\n(2) A person who is responsible for the care of a person with a\ncognitive impairment is not criminally responsible for an offence\nagainst this Division in relation to conduct if, at the time of the\nconduct:\n(a) the person with a cognitive impairment consented to the\nconduct; and\n(b) the giving of the consent was not unduly influenced by the fact\nthat the person was responsible for the care of the person with\na cognitive impairment.\n208LG Defence – marriage or de facto relationship\nA person who is responsible for the care of a person with a\ncognitive impairment is not criminally responsible for an offence\nagainst this Division in relation to conduct if, at the time of the\nconduct:\n(a) the person was married to, or honestly believed on reasonable\ngrounds that the person was married to, the person with a\ncognitive impairment; or\n(b) the person was the de facto partner of, or honestly believed on\nreasonable grounds that the person was the de facto partner\nof, the person with a cognitive impairment.\nDivision 6 Sexual acts committed against close family\nmembers\n","sortOrder":259},{"sectionNumber":"208M","sectionType":"section","heading":"Meaning of close family member","content":"208M Meaning of close family member\nA close family member of a person is someone who, from birth\nand not from marriage or adoption, is a grandparent, parent, sibling\n(including a half-brother or half-sister), child or grandchild of the\n208MA Incest\n\nCriminal Code Act 1983 203\n(b) the other person is a close family member of the person and\nthe person has knowledge of that circumstance.\n208MB No defence of consent\nConsent of the close family member concerned is not a defence to\nan offence against section 208MA.\n208MC Defence – compulsion\nA person is not criminally responsible for an offence against\nsection 208MA if a close family member compelled, by force or\notherwise, the person to engage in the conduct mentioned in\nsection 208MA(a).\nDivision 7 Sexual acts committed against animal or in public\n","sortOrder":260},{"sectionNumber":"208N","sectionType":"section","heading":"Sexual involvement with animal","content":"208N Sexual involvement with animal\nA person commits an offence if the person is intentionally sexually\ninvolved with an animal.\n208NA Public masturbation\n(a) the person intentionally masturbates; and\n(b) the conduct occurs in public or in a place that is visible to the\npublic.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":261},{"sectionNumber":"208P","sectionType":"section","heading":"Increased penalty for aggravated offence","content":"208P Increased penalty for aggravated offence\n(1) The following are circumstances of aggravation for an offence\ncommitted against this Part, and a maximum penalty specified in\nthis Part for an aggravated offence applies if a circumstance of\naggravation applies to the offence:\n(a) the offence was committed during torture;\n\nCriminal Code Act 1983 204\n(b) the offence was committed by the use or threatened use of an\noffensive weapon;\n(c) the offence was committed by a person in the company of\nanother person;\n(d) the offence was committed in circumstances that involved the\nvictim being caused serious harm or being threatened with\nserious harm or death;\n(e) the offence was committed against a child under 16 years of\nage, except in the case of an offence against Division 3;\n(f) the offence was committed against a person in abuse of a\nposition of trust, except in the case of an offence against\nDivision 4 or 5;\n(g) the offence was committed against a person in abuse of a\nposition of authority, except in the case of an offence against\nDivision 4.\n(2) For subsection (1)(a), the offence was committed during torture if\nthe person who committed it deliberately and systematically, over a\nperiod, inflicted severe pain on the person against whom it was\n208PA Procedural and evidentiary provisions for aggravated offences\n(1) If the prosecution intends to prove an aggravated offence, the\nrelevant circumstance of aggravation must be contained in the\ncharge.\n(2) In order to prove an aggravated offence, the prosecution must\nprove that the person who committed the offence was reckless in\nrelation to the circumstance of aggravation.\n208PB Jury directions on consent\n(1) In a proceeding for an offence against this Part, the Judge must, in\nan appropriate case, direct the jury that a person must not be\nregarded as having consented to a particular sexual act merely\nbecause:\n(a) the person did not say or do anything to indicate that the\nperson did not consent; or\n(b) the person did not protest or physically resist; or\n(c) the person did not sustain physical injury; or\n\nCriminal Code Act 1983 205\n(d) during the period or on the occasion when the sexual act\noccurred, or on an earlier occasion, the person consented to\nengage in a sexual act (whether or not of the same type) with\nthe person charged with the offence or with another person.\n(2) In a proceeding for an offence against this Part, the Judge must, in\nan appropriate case, direct the jury that, in deciding whether the\naccused was under a mistaken belief that a person consented to a\nsexual act, the jury may consider whether the mistaken belief was\nreasonable in the circumstances.\nNote for section 208PB\nThe Sexual Offences (Evidence and Procedure) Act 1983 contains further\nprovisions about evidence and procedure for offences against this Part.\n208PC Exception – medical, hygienic, veterinary or agricultural\nprocedures\nPart in relation to any sexual intercourse, touching or other act done\nin the course of a procedure carried out in good faith for medical,\nhygienic, veterinary or agricultural purposes.\n208PD Alternative verdicts\n(1) In a proceeding against a person charged with an offence against\nthis Part (the prosecuted offence), the trier of fact may find the\nperson not guilty of the prosecuted offence but guilty of another\noffence, or an attempt to commit another offence, against this Part\n(the alternative offence) if the trier of fact:\ncommitted the prosecuted offence; and\ncommitted the alternative offence.\n(2) Subsection (1) does not authorise the trier of fact to find a person\nguilty of an alternative offence for which the maximum penalty is\ngreater than the maximum penalty for the prosecuted offence.\n208PE Indecent images and related articles may be destroyed\n(1) If any of the following things are seized by a police officer, a police\nofficer of a senior rank may authorise the forfeiture and destruction\nby a police officer of the thing:\n(a) an indecent image of a child;\n(b) an article that contains an indecent image of a child;\n\nCriminal Code Act 1983 206\n(c) an article that a police officer of a senior rank believes on\nreasonable grounds contains an indecent image of a child.\n(2) Subsection (1) has effect whether or not a person is charged, or is\nto be charged, with an offence in relation to the thing.\n(3) The thing may be destroyed at the place at which it was forfeited or\nat any other place that a police officer of a senior rank thinks fit.\n(4) If the operation of this section would, apart from this subsection,\nresult in an acquisition of property from a person otherwise than on\njust terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n208PF Article containing indecent images may be returned\n(1) If an article that contains, or is believed to contain, an indecent\nimage of a child is forfeited by a police officer under section 208PE,\na police officer of a senior rank may authorise a police officer to\nreturn the article to the owner of the article.\n(2) The authorisation must not be given unless the police officer of a\nsenior rank is satisfied that all indecent images of children are\nremoved from the article.\n","sortOrder":262},{"sectionNumber":"209","sectionType":"section","heading":"Definitions","content":"209 Definitions\nappropriation, see section 212.\nbelongs, in relation to property, see section 211.\nproperty, see section 210.\n\nCriminal Code Act 1983 207\nservices includes any rights, including rights in relation to, and\ninterests in, property, benefits, privileges or facilities, but does not\ninclude rights or benefits that are the supply of goods.\nsupply includes:\n(a) in relation to goods – supply (or re-supply) by way of sale,\nexchange, lease, hire or hire-purchase; and\n(b) in relation to services – provide, grant and confer.\n","sortOrder":263},{"sectionNumber":"210","sectionType":"section","heading":"Meaning of property for this Division","content":"210 Meaning of property for this Division\nIn this Division, property means all real or personal property,\nincluding the following:\n(a) money;\n(b) things in action or other intangible property;\n(c) electricity;\n(d) a wild creature that is tamed or ordinarily kept in captivity or\nthat is reduced or is being reduced into the possession of a\n(e) any organ or part of a human body and any blood, ova, semen\nor other substance extracted from the human body.\n","sortOrder":264},{"sectionNumber":"211","sectionType":"section","heading":"Person to whom property belongs for this Division","content":"211 Person to whom property belongs for this Division\n(1) For this Division, property belongs to anyone having possession or\ncontrol of it, or having any proprietary right or interest in it, other\nthan an equitable interest arising only from an agreement to\ntransfer or grant an interest, or from a constructive trust.\n(2) If property belongs to 2 or more persons, a reference to the person\nto whom property belongs is taken to be a reference to all of them.\n(3) Property of a corporation sole belongs to the corporation despite a\nvacancy in the corporation.\n(4) If property is subject to a trust:\n(a) the person to whom the property belongs includes any person\nhaving a right to enforce the trust; and\n(b) an intention to defeat the trust is an intention to deprive any\nperson having that right of the property.\n\nCriminal Code Act 1983 208\n(5) If a person (person A) receives property from or on account of\nanother person (person B) and is under a legal obligation to\nperson B to retain or deal with it or its proceeds in a particular way,\nthe property or proceeds belongs (as against person A) to\nperson B.\n(6) If a person (person A) obtains property by another person's\nfundamental mistake and is under an obligation to make\nrestoration, in whole or in part, of the property or its proceeds or its\nvalue:\n(a) to the extent of that obligation, the property or proceeds\nbelongs (as against person A) to the person entitled to\nrestoration (person B); and\n(b) an intention not to make restoration is an intention to deprive\nperson B of the property or proceeds without the consent of\nperson B.\n(7) For subsection (6):\nfundamental mistake, in relation to property, means any of the\n(a) a mistake about the identity of the person getting the property;\n(b) a mistake about the essential nature of the property;\n(c) a mistake about the amount of any money, direct credit into an\naccount, cheque or other negotiable instrument if the person\ngetting the property is aware of the mistake at the time of\ngetting the property.\n","sortOrder":265},{"sectionNumber":"212","sectionType":"section","heading":"Appropriation of property","content":"212 Appropriation of property\n(1) For this Division, any assumption of the rights of an owner to\nownership, possession or control of property, without the consent of\na person to whom the property belongs, is an appropriation of the\n(2) If a person has come by property (innocently or not) without\ncommitting the offence of theft, subsection (1) applies to any later\nassumption of those rights without consent by keeping or dealing\nwith it as owner.\n(3) If property is, or purports to be, transferred or given to a person\nacting in good faith, a later assumption by the person of rights the\nperson believed the person was acquiring is not an appropriation of\nthe property because of any defect in the transferor's title.\n\nCriminal Code Act 1983 209\n","sortOrder":266},{"sectionNumber":"213","sectionType":"section","heading":"Intention of permanently depriving","content":"213 Intention of permanently depriving\n(1) A person (person A) has the intention of permanently depriving\nsomeone else (person B) of property belonging to person B if:\n(a) person A appropriates property belonging to person B without\nmeaning person B to permanently lose the property; and\n(b) person A intends to treat the property as person A's own to\ndispose of regardless of person B's rights.\n(2) For subsection (1), if person A borrows or lends property belonging\nto person B, the borrowing or lending may amount to treating the\nproperty as person A's own to dispose of regardless of person B's\nrights only if the borrowing or lending is for a period and in\ncircumstances making it equivalent to an outright taking or disposal.\n(3) Without limiting this section, person A parting with property\namounts to person A treating the property as person A's own to\ndispose of regardless of person B's rights if:\n(a) person A has possession or control (lawfully or not) of\nproperty belonging to person B; and\n(b) person A parts with the property under a condition about its\nreturn that person A may not be able to carry out; and\n(c) the parting is done for person A's own purposes and without\nperson B's authority.\n(4) This section does not limit the circumstances in which a person can\nbe taken to have the intention of permanently depriving someone\nelse of property.\n","sortOrder":267},{"sectionNumber":"214","sectionType":"section","heading":"Dishonesty","content":"214 Dishonesty\n(1) A person's appropriation of property belonging to someone else is\nnot dishonest if the person appropriates the property with the\nreasonable belief that the property is lost and the owner of the\nproperty cannot be discovered.\n(2) Subsection (1) does not apply to a person appropriating the\nproperty as a trustee or personal representative.\n(3) A person who appropriates the property of another person may be\ndishonest even if they are willing to pay for the property.\n\nCriminal Code Act 1983 210\n","sortOrder":268},{"sectionNumber":"215","sectionType":"section","heading":"Theft of land","content":"215 Theft of land\n(1) A person cannot commit the offence of theft of land or things\nforming part of the land and severed from it by the person or at the\nperson's directions, except in the following circumstances:\n(a) when the person has legal authority to sell or dispose of land\nbelonging to another person and the person appropriates the\nland or anything forming part of it by dealing with it in breach\nof the confidence reposed in the person;\n(b) when the person is not in possession of the land and\nappropriates anything forming part of the land:\n(i) by severing it or causing it to be severed; or\n(ii) after it has been severed;\n(c) when in possession of the land under a tenancy, the person\nappropriates the whole or part of any fixture or structure that is\nlet under the tenancy.\n(2) For subsection (1)(c), a tenancy is a tenancy for years or any\nshorter period, and includes an agreement for a tenancy, but a\nperson who after the end of a tenancy remains in possession as\nstatutory tenant or otherwise is to be treated as having possession\nunder the tenancy, and let is to be construed accordingly.\nland does not include incorporeal hereditaments.\n","sortOrder":269},{"sectionNumber":"216","sectionType":"section","heading":"General deficiency","content":"216 General deficiency\nA person may be found guilty of the offence of theft in relation to all\nor any part of a general deficiency in money or other property even\nthough the deficiency is made up of a number of particular amounts\nof money or items of other property that were appropriated over a\nperiod of time.\n","sortOrder":270},{"sectionNumber":"217","sectionType":"section","heading":"Theft","content":"217 Theft\n(a) the person appropriates property; and\n(b) the property belongs to another person and the person has\n\nCriminal Code Act 1983 211\nwith the intention of permanently depriving the other person of\nthe property; and\n(3) An offence against subsection (1) is to be known as the offence of\ntheft.\n","sortOrder":271},{"sectionNumber":"218","sectionType":"section","heading":"Robbery","content":"218 Robbery\n(a) the person commits the offence of theft; and\n(b) the person:\n(i) uses force on another person; or\n(ii) threatens to use force then and there on another person;\nand\nwith the intention of committing the offence of theft or\nescaping from the scene of the offence; and\n(d) the force was used or threatened when the person committed\nthe offence of theft or immediately before or immediately after\ncommitting the offence.\naggravated offence, imprisonment for life.\n\nCriminal Code Act 1983 212\n","sortOrder":272},{"sectionNumber":"219","sectionType":"section","heading":"Circumstances of aggravation for robbery","content":"219 Circumstances of aggravation for robbery\n(1) Each of the following is a circumstance of aggravation in relation to\nan offence committed against section 218(1) if the defendant is\nreckless in relation to the circumstance:\n(a) the offence is committed in company with one or more\npersons;\n(b) the defendant has possession of a firearm or any other\ndangerous or offensive weapon when committing the offence;\n(c) when committing the offence or immediately before or\nimmediately after committing the offence, the defendant\ncauses harm to another person.\n(2) If the prosecution intends to prove an offence against\nsection 218(1) with any aggravating circumstance mentioned in\nsubsection (1), the relevant circumstance of aggravation must be\ncontained in the charge.\n","sortOrder":273},{"sectionNumber":"220","sectionType":"section","heading":"Entering building with intention to commit offence","content":"220 Entering building with intention to commit offence\n(a) enters or remains in a building; and\n(b) engages in the conduct mentioned in paragraph (a) with the\nintention of committing an offence, other than an offence\nagainst the Trespass Act 2023, in the building; and\n(c) is a trespasser and the person is reckless in relation to that\nMaximum penalty: Imprisonment for 4 years.\n(3) In a prosecution for an offence against subsection (1), proof of\nsubsection (1)(a) and (c) is evidence of the fault element in\n(4) For this section, a person is not a trespasser merely because the\nperson is permitted to enter or remain in the building:\n(a) for a purpose that is not the person's intended purpose; or\n(b) as a result of fraud, misrepresentation or another person's\nmistake.\n\nCriminal Code Act 1983 213\n","sortOrder":274},{"sectionNumber":"221","sectionType":"section","heading":"Burglary","content":"221 Burglary\n(a) enters or remains in a building; and\n(b) engages in the conduct mentioned in paragraph (a) with the\nintention of committing an indictable offence or an offence\nagainst section 188(1) in the building; and\n(c) is a trespasser and the person is reckless in relation to that\nIf the circumstances of aggravation in section 222(1) apply to the offence, the\nmaximum penalty is the maximum penalty under section 222(2) or (3).\n(3) For this section, a person is not a trespasser merely because the\nperson is permitted to enter or remain in the building:\n(a) for a purpose that is not the person's intended purpose; or\n(b) as a result of fraud, misrepresentation or another person's\nmistake.\n","sortOrder":275},{"sectionNumber":"222","sectionType":"section","heading":"Circumstances of aggravation for burglary","content":"222 Circumstances of aggravation for burglary\n(1) Each of the following is a circumstance of aggravation for an\noffence committed against section 221(1) if the defendant is\nreckless in relation to the circumstance:\n(a) the building is a dwelling-house and the offence is committed\nat night;\n(b) the offence is committed in company with one or more\npersons;\n(c) the defendant has possession of a firearm or any other\ndangerous or offensive weapon when committing the offence;\n(d) the building is a dwelling-house and the defendant has\npossession of a firearm or any other dangerous or offensive\nweapon when committing the offence.\n\nCriminal Code Act 1983 214\n(2) The maximum penalty for an offence against section 221(1) is\nimprisonment for 20 years if a circumstance of aggravation in\nsubsection (1)(a), (b) or (c) applies to the offence.\n(3) The maximum penalty for an offence against section 221(1) is life\nimprisonment if the circumstance of aggravation in\nsubsection (1)(d) applies to the offence.\n(4) If the prosecution intends to prove an offence against\nsection 221(1) with any aggravating circumstances mentioned in\nsubsection (1), the relevant circumstance of aggravation must be\ncontained in the charge.\n","sortOrder":276},{"sectionNumber":"223","sectionType":"section","heading":"Alternative verdict","content":"223 Alternative verdict\nsection 221(1), the trier of fact may find the person not guilty of the\nsection 220(1) if the trier of fact:\nentered or remained in a building with the intention of\ncommitting an offence mentioned in section 221(1)(b); and\n(b) is satisfied beyond reasonable doubt that the person intended\nto commit an offence, other than an offence against the\nTrespass Act 2023.\n","sortOrder":277},{"sectionNumber":"224","sectionType":"section","heading":"Damaging or interfering with property as trespasser","content":"224 Damaging or interfering with property as trespasser\n(a) the person intentionally enters a building; and\n(b) the person is a trespasser and the person is reckless in\n(c) the person intentionally damages or otherwise interferes with\nthe building or any property in the building.\n(2) For this section, it is immaterial whether the damage or\ninterference:\n(a) is of a permanent nature; or\n(b) results in any monetary loss.\n\nCriminal Code Act 1983 215\ndamage includes the following:\n(a) destroying the building or property;\n(b) defacing the building or property;\n(c) for a document – obliterating or rendering illegible the whole or\nany part of the document;\n(d) for an animal – harming or killing the animal;\n(e) for a plant or other thing forming part of land – severing it from\nthe land.\n","sortOrder":278},{"sectionNumber":"225","sectionType":"section","heading":"Going equipped for theft and related offences","content":"225 Going equipped for theft and related offences\n(a) is in a place other than the person's home; and\n(b) possesses an item; and\n(c) engages in the conduct mentioned in paragraph (b) with the\nintention of using the item in the course of or in relation to\ncommitting the offence of theft or a related offence.\n(3) A person commits an offence if the person:\n(a) is in a place other than the person's home; and\n(b) possesses a firearm or any other dangerous or offensive\nweapon; and\n(c) engages in the conduct mentioned in paragraph (b) with the\nintention of using it in the course of or in relation to committing\nthe offence of theft or a related offence.\n(4) Subsection (3)(c) is the fault element for the conduct in\nsubsection (3)(b).\n(5) Strict liability applies to subsections (1)(a) and (3)(a).\n\nCriminal Code Act 1983 216\nrelated offence means an offence against any of the following:\n(a) section 218;\n(b) section 220;\n(c) section 221;\n(d) section 228AB.\n","sortOrder":279},{"sectionNumber":"226","sectionType":"section","heading":"Receiving stolen property","content":"226 Receiving stolen property\n(a) the person intentionally receives property; and\n(b) the property is stolen property and the person:\n(i) has knowledge of that circumstance; or\n(ii) believes that the circumstance exists; and\nstolen property is any property that:\n(a) is appropriated; or\n(b) if the property was obtained before the commencement of this\nsection – was obtained in the commission of an indictable\noffence or in the commission of an offence outside the\nTerritory that would have constituted an indictable offence if it\nhad been committed in the Territory.\n","sortOrder":280},{"sectionNumber":"227","sectionType":"section","heading":"Shoplifting","content":"227 Shoplifting\n(a) the person appropriates property; and\n\nCriminal Code Act 1983 217\n(b) the property is:\n(i) offered for sale at a place where goods are for sale by\nretail; and\n(ii) worth less than $500; and\nwith the intention of permanently depriving the owner of the\nproperty of that property; and\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(3) Strict liability applies to subsection (1)(b).\n","sortOrder":281},{"sectionNumber":"228","sectionType":"section","heading":"Making off without payment","content":"228 Making off without payment\n(a) the person is supplied with goods or services; and\n(b) immediate payment for the goods or services is required or\nexpected and the person has knowledge of that circumstance;\nand\n(c) the person intentionally makes off without paying for the goods\nor services; and\n(d) the conduct mentioned in paragraph (c) is dishonest.\n(3) It is not an offence if the supply of goods or services is unlawful.\n\nCriminal Code Act 1983 218\nimmediate payment includes payment at the time of collecting\ngoods in relation to which a service is supplied.\n228AA Removal of item from places open to public\n(a) the person intentionally removes an item from premises; and\n(b) the premises are at any time open to the public; and\n(c) the item is publicly exhibited or kept for public exhibition at the\npremises but is not exhibited or kept for the purpose of selling\nor any other commercial dealing; and\n(2) Strict liability applies to subsection (1)(b) and (c).\n228AB Driving, using or riding motor vehicle, vessel or aircraft\nwithout consent\n(a) the person intentionally drives, uses or rides in or on a motor\nvehicle, vessel or aircraft; and\n(b) the motor vehicle, vessel or aircraft:\n(i) belongs to another person (the owner); and\n(ii) was taken from the owner without the owner's consent;\nand\n(c) the person is reckless in relation to the circumstances in\nparagraph (b); and\n\nCriminal Code Act 1983 219\nMaximum penalty: If the offence relates to a motor vehicle or\nvessel – imprisonment for 5 years.\nIf the offence relates to an aircraft –\nmotor vehicle means any vehicle for use on land that is designed\nto be wholly or partly self-propelled and includes any trailer or\ncaravan attached to it.\n228AC Definitions\nbelongs, in relation to property, means having possession or\ncontrol of it, or having any proprietary right or interest in it, other\nthan an equitable interest arising only from an agreement to\ntransfer or grant an interest, or from a constructive trust.\ndeception means a deception whether by words or other conduct,\nand whether as to fact or as to law, and includes:\n(a) a deception about the intention of the person using the\ndeception or anyone else; and\n(b) conduct by a person that causes a computer, a machine or an\nelectronic device to make a response that the person is not\nauthorised to cause it to do.\ndemand with a menace, see section 228AF.\nmenace, see section 228AD.\nobtain, in relation to property, see section 228AE.\n\nCriminal Code Act 1983 220\n228AD Meaning of menace\n(1) A menace includes:\n(a) an express or implied threat of action that is detrimental or\nunpleasant to another person; or\n(b) if a person makes a demand – a general threat of detrimental\nor unpleasant action against another person that is implied\nbecause the person making the demand is a public officer.\n(2) A threat against an individual is a menace only if:\n(a) the threat would likely cause an individual of normal stability\nand courage to act unwillingly; or\n(b) the threat would likely cause an individual to act unwillingly\nbecause of a particular vulnerability of which the maker of the\nthreat is aware.\n(3) A threat against an entity other than an individual is a menace only\nif:\n(a) the threat would ordinarily cause an unwilling response; or\n(b) the threat would likely cause an unwilling response because of\na particular vulnerability of which the maker of the threat is\naware.\n228AE Meaning of obtain\n(1) For section 228AH, a person obtains property if:\n(a) the person obtains ownership, possession or control of it for\nthe person or another person; or\n(b) the person enables ownership, possession or control of it to\nbe retained by the person or another person; or\n(c) the person induces a third person to pass ownership,\npossession or control of it to another person; or\n(d) the person induces a third person to enable another person to\nretain ownership, possession or control of it; or\n(e) section 228AI applies in relation to the property.\n(2) To avoid doubt, subsection (1) does not apply in relation to\nsections 228AK, 228AL and 228AO.\n\nCriminal Code Act 1983 221\n228AF Meaning of demand with a menace\nFor a demand with a menace:\n(a) the demand need not be a demand for money or other\nproperty; and\n(b) it is irrelevant whether the menace relates to an action to be\ntaken by the person making the demand.\n228AG Intention of permanently depriving\n(1) A person (person A) has the intention of permanently depriving\nsomeone else (person B) of property belonging to person B if:\n(a) person A obtains property belonging to person B without\nmeaning person B to permanently lose the property; and\n(b) person A intends to treat the property as person A's own to\ndispose of regardless of person B's rights.\n(2) For subsection (1), if person A borrows or lends property belonging\nto person B, the borrowing or lending may amount to treating the\nproperty as person A's own to dispose of regardless of person B's\nrights only if the borrowing or lending is for a period and in\ncircumstances making it equivalent to an outright taking or disposal.\n(3) Without limiting this section, person A parting with property\namounts to person A treating the property as person A's own to\ndispose of regardless of person B's rights if:\n(a) person A has possession or control (lawfully or not) of\nproperty belonging to person B; and\n(b) person A parts with the property under a condition about its\nreturn that person A may not be able to carry out; and\n(c) the parting is done for person A's own purposes and without\nperson B's authority.\n(4) This section does not limit the circumstances in which a person can\nbe taken to have the intention of permanently depriving someone\nelse of property.\n\nCriminal Code Act 1983 222\n228AH Obtaining property by deception\n(a) the person engages in deception; and\nwith the intention of permanently depriving another person of\nproperty; and\n(c) the conduct mentioned in paragraph (a) results in the person\nobtaining the property belonging to the other person and the\nperson intended that result; and\n(3) For this section, a person who obtains the property of another\nperson may be dishonest even if they are willing to pay for the\nproperty means all real or personal property, including the\n(a) money;\n(b) things in action or other intangible property;\n(c) electricity;\n(d) a wild creature that is tamed or ordinarily kept in captivity or\nthat is reduced or is being reduced into the possession of a\n(e) any organ or part of a human body and any blood, ova, semen\nor other substance extracted from the human body.\n\nCriminal Code Act 1983 223\n228AI Transfers of money etc.\n(1) This section applies in relation to section 228AH.\n(2) If a person (person A) causes an amount to be transferred from an\naccount held by someone else (person B) to an account held by\nperson A:\n(a) the amount is taken to be property that belongs to person B;\nand\n(b) person A is taken to have obtained the property for person A\nwith the intention of permanently depriving person B of the\n(3) If a person (person A) causes an amount to be transferred from an\naccount held by someone else (person B) to an account held by a\nthird person (person C):\n(a) the amount is taken to be property that belongs to person B;\nand\n(b) person A is taken to have obtained the property for person C\nwith the intention of permanently depriving person B of the\n(4) An amount is transferred from an account (account 1) to another\naccount (account 2) if:\n(a) a credit is made to account 2; and\n(b) a debit is made to account 1; and\n(c) the credit results from the debit or the debit results from the\ncredit.\n(5) A person causes an amount to be transferred from an account if the\nperson induces someone else to transfer the amount from the\naccount (whether or not the other person is the account holder).\n228AJ General deficiency\nA person may be found guilty of the offence of obtaining property by\ndeception in relation to all or any part of a general deficiency in\nmoney or other property even though the deficiency is made up of a\nnumber of particular amounts of money or items of other property\nthat were obtained over a period of time.\n\nCriminal Code Act 1983 224\n228AK Obtaining financial advantage by deception\n(a) the person intentionally engages in deception; and\n(b) the conduct mentioned in paragraph (a) results in the person\nobtaining a financial advantage from another person and the\nperson intended that result; and\nNote for paragraph (c)\n228AL Dishonestly intending to obtain gain from Territory\nwith the intention of obtaining a gain from another person; and\n228AM Dishonestly intending to cause loss for Territory\nwith the intention of causing a loss to another person; and\n\nCriminal Code Act 1983 225\n228AN Dishonestly causing loss or risk of loss for Territory\n(b) the conduct results in a loss, or a risk of loss, to another\nperson and the person knows the loss will happen or knows\nthere is a substantial risk of the loss happening; and\n(2) Absolute liability applies to subsection (1)(d).\n228AO Blackmail and extortion\n(a) the person makes a demand with a menace of another\nwith the intention of:\n(i) obtaining a gain from the other person or a third person;\nor\n(ii) causing the other person or a third person a loss; or\n\nCriminal Code Act 1983 226\n(iii) influencing the other person or a third person in the\nexercise of their public duty; and\n(c) there are no reasonable grounds for the demand; and\n(d) the use of the menace is not a proper means of enforcing the\ndemand.\n(3) Strict liability applies to subsection (1)(c) and (d).\npublic duty means a duty of a public officer.\nNote for Division 2A\nUnder section 28C of the Local Court (Civil Procedure) Act 1989 and Part 5,\nDivision 1AA of the Sentencing Act 1995 a certificate may be issued to a victim of\nan offence against section 228C, 228D or 228E. The certificate may assist the\nvictim to deal with any problems caused by the commission of the offence in\nrelation to the victim's personal or business affairs. Under the Local Court (Civil\nProcedure) Act 1989, the certificate may be issued whether or not any criminal\nproceedings have been or can be taken against a person in relation to the\noffence or are pending.\n","sortOrder":282},{"sectionNumber":"228A","sectionType":"section","heading":"Definitions","content":"228A Definitions\ndeal in includes make, copy, store, supply, transmit or use.\nidentification documentation means a document or other thing\n(a) contains identification information; and\n(b) can be used by a person to pretend to be, or to pass the\nperson off as, another person (whether living, dead, real or\nfictitious).\n\nCriminal Code Act 1983 227\nidentification information means information that can be used\n(whether alone or in conjunction with other information) to identify,\nor purportedly identify, a person (whether living, dead, real or\nfictitious), including the following:\n(a) a name, address, date of birth or place of birth;\n(b) information as to a person's marital status;\n(c) information about the relatives of a person;\n(d) a driver's licence or driver's licence number;\n(e) a passport or passport number;\n(f) biometric data;\n(g) a voice print;\n(h) a credit or debit card, its number, or data stored or encrypted\non it;\n(i) a financial account number, user name or password;\n(j) a digital signature;\n(k) a series of numbers, letters, symbols (or a combination of\nthese) intended for use as a means of personal identification;\n(l) an ABN, as defined in the A New Tax System (Australian\nBusiness Number) Act 1999 (Cth).\nvictim means a person whose identification information is the\nsubject of an offence against section 228C, 228D or 228E.\n","sortOrder":283},{"sectionNumber":"228B","sectionType":"section","heading":"Attempt offences in section 43BF do not apply","content":"228B Attempt offences in section 43BF do not apply\nSection 43BF does not apply to an offence against section 228C,\n228D or 228E.\n","sortOrder":284},{"sectionNumber":"228C","sectionType":"section","heading":"Dealing in identification information","content":"228C Dealing in identification information\n(a) the person deals in information; and\n(b) the information is identification information; and\n\nCriminal Code Act 1983 228\n(2) This section applies:\n(a) even if the offence mentioned in subsection (1)(c) is\nimpossible to commit; and\n(b) whether or not the victim consented to the dealing in the\n(3) This section does not apply to dealing in a person's own\n","sortOrder":285},{"sectionNumber":"228D","sectionType":"section","heading":"Possessing identification information","content":"228D Possessing identification information\n(a) the person possesses information; and\n(b) the information is identification information; and\n(2) This section applies:\n(a) even if the offence mentioned in subsection (1)(c) is\nimpossible to commit; and\n(b) whether or not the victim consented to the possession of the\n(3) This section does not apply to the possession of a person's own\n","sortOrder":286},{"sectionNumber":"228E","sectionType":"section","heading":"Possessing equipment used to deal in identification","content":"228E Possessing equipment used to deal in identification\ninformation or identification documentation\n(a) the person possesses equipment; and\n(b) the equipment can be used to deal in identification information\nor identification documentation; and\n\nCriminal Code Act 1983 229\n(2) This section applies even if the offence mentioned in\nsubsection (1)(c) is impossible to commit.\n","sortOrder":287},{"sectionNumber":"228F","sectionType":"section","heading":"Alternative verdicts","content":"228F Alternative verdicts\n(1) This section applies if, in a proceeding against a person charged\nwith an offence against section 228C (the prosecuted offence),\nthe trier of fact:\ncommitted the prosecuted offence; but\ncommitted an offence against section 228D (the\nalternative offence).\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\n","sortOrder":288},{"sectionNumber":"229","sectionType":"section","heading":"Definitions","content":"229 Definitions\ndeals with, in relation to money or other property, means:\n(a) receives or has possession or control of the money or other\nproperty; or\n(b) conceals or attempts to conceal the money or other property;\nor\n(c) passes the money or other property to another person or\ndisposes of the money or other property in any other way.\nindictable offence includes an offence against a law of the\nCommonwealth, a State, another Territory or a foreign state, that\nwould be an indictable offence if committed in the Territory.\nproceeds of crime means money or other property that is derived\nor realised, directly or indirectly, by any person from the\ncommission of an indictable offence.\n\nCriminal Code Act 1983 230\n","sortOrder":289},{"sectionNumber":"230","sectionType":"section","heading":"Money laundering with knowledge or belief","content":"230 Money laundering with knowledge or belief\nand\n(b) the money or other property:\n(i) is the proceeds of crime; or\n(ii) is being used or is intended to be used in the\ncommission of, or to facilitate the commission of, an\nindictable offence; and\n(i) has knowledge of that circumstance; or\n(ii) believes that that circumstance exists.\nMaximum penalty: Imprisonment for 20 years.\nsubsection (1) if the defendant engaged in the conduct mentioned\nin subsection (1)(a) in order to assist the enforcement of a law of\nthe Territory, the Commonwealth, a State or another Territory.\nNote for section 230\nsubsection (2) (see section 43BU of the Criminal Code).\n","sortOrder":290},{"sectionNumber":"231","sectionType":"section","heading":"Money laundering with recklessness","content":"231 Money laundering with recklessness\nand\n(b) the money or other property:\n(i) is the proceeds of crime; or\n(ii) is being used or is intended to be used in the\ncommission of, or to facilitate the commission of, an\nindictable offence; and\n(c) the person is reckless in relation to that circumstance.\n\nCriminal Code Act 1983 231\nsubsection (1) if the defendant engaged in the conduct mentioned\nin subsection (1)(a) in order to assist the enforcement of a law of\nthe Territory, the Commonwealth, a State or another Territory.\nNote for section 231\nsubsection (2) (see section 43BU of the Criminal Code).\n","sortOrder":291},{"sectionNumber":"232","sectionType":"section","heading":"Dealing with suspicious property","content":"232 Dealing with suspicious property\nand\n(b) it is reasonable to suspect that the money or other property is\nproceeds of crime.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant had no reasonable grounds for\nsuspecting that the money or other property was derived or\nrealised, directly or indirectly, from some unlawful activity.\n(4) The defendant has a legal burden of proof in relation to the matter\nmentioned in subsection (3).\n(5) For subsection (1)(b), it is taken to be reasonable to suspect that\nmoney or other property is proceeds of crime if:\n(a) the conduct mentioned in subsection (1)(a) involves a number\nof transactions that are structured or arranged to avoid the\nreporting requirements of the Financial Transaction Reports\nAct 1988 (Cth) that would otherwise apply to the transactions;\nor\n(b) the conduct mentioned in subsection (1)(a) involves a number\nof transactions that are structured or arranged to avoid the\nreporting requirements of the Anti-Money Laundering and\nCounter-Terrorism Financing Act 2006 (Cth) that would\notherwise apply to the transactions; or\n(c) the conduct mentioned in subsection (1)(a) involves the use of\none or more accounts held with ADIs in false names; or\n\nCriminal Code Act 1983 232\n(d) the conduct mentioned in subsection (1)(a) amounts to an\noffence against section 139, 140 or 141 of the Anti-Money\nLaundering and Counter-Terrorism Financing Act 2006 (Cth);\nor\n(e) the value of the money and property involved in the conduct\nmentioned in subsection (1)(a) is, in the opinion of the trier of\nfact, grossly out of proportion to the defendant's income and\nexpenditure over a reasonable period within which the conduct\noccurs; or\n(f) the conduct mentioned in subsection (1)(a) involves a\nsignificant cash transaction within the meaning of the Financial\nTransaction Reports Act 1988 (Cth), and the defendant:\n(i) contravened the defendant's obligations under that Act\nrelating to reporting the transaction; or\n(ii) gave false or misleading information in purported\ncompliance with those obligations; or\n(g) the conduct mentioned in subsection (1)(a) involves a\nthreshold transaction within the meaning of the Anti-Money\nLaundering and Counter-Terrorism Financing Act 2006 (Cth),\nand the defendant:\n(i) has contravened the defendant's obligations under that\nAct relating to reporting the transaction; or\n(ii) has given false or misleading information in purported\ncompliance with those obligations; or\n(h) the defendant:\n(i) has stated that the conduct mentioned in\nsubsection (1)(a) was engaged in on behalf of or at the\nrequest of another person; and\n(ii) has not provided information enabling the other person\nto be identified and located.\nNote for subsection (5)\nSubsection (5) is not an exhaustive list of circumstances.\n\nCriminal Code Act 1983 233\n","sortOrder":292},{"sectionNumber":"233","sectionType":"section","heading":"Proof of other offences not required","content":"233 Proof of other offences not required\n(1) To avoid doubt, it is not necessary, in order to prove for the\npurposes of section 230, 231 or 232, that money or other property\nis the proceeds of crime, to establish that:\n(a) a particular indictable offence was committed in relation to the\nmoney or other property; or\n(b) a particular person committed an indictable offence in relation\nto the money or other property.\n(2) To avoid doubt, it is not necessary, in order to prove for the\npurposes of section 230 or 231, that money or other property is\nbeing used or is intended to be used in the commission of, or to\nfacilitate the commission of, an indictable offence, to establish that:\n(a) a particular indictable offence is being committed or an\nintention that a particular indictable offence will be committed\nin relation to the money or other property; or\n(b) a particular person is committing an indictable offence or an\nintention that a particular person will commit an indictable\noffence in relation to the money or other property.\n","sortOrder":293},{"sectionNumber":"234","sectionType":"section","heading":"Prosecution requires consent of Director of Public","content":"234 Prosecution requires consent of Director of Public\nProsecutions\nA prosecution for an offence against this Division must not be\ncommenced without the consent of the Director of Public\nProsecutions.\n","sortOrder":294},{"sectionNumber":"235","sectionType":"section","heading":"Alternative verdict for offence against section 230","content":"235 Alternative verdict for offence against section 230\n(1) In a proceeding against a person charged with an offence against\nsection 230, the trier of fact may find the person not guilty of the\noffence against that section but guilty of an alternative offence if the\ntrier of fact:\ncommitted an offence against section 230; and\ncommitted an offence against the alternative offence.\nalternative offence means an offence against section 231 or 232.\n\nCriminal Code Act 1983 234\n","sortOrder":295},{"sectionNumber":"236","sectionType":"section","heading":"Alternative verdict for offence against section 231","content":"236 Alternative verdict for offence against section 231\nsection 231, the trier of fact may find the person not guilty of the\nsection 232 if the trier of fact:\ncommitted an offence against section 231; and\ncommitted an offence against section 232.\n","sortOrder":296},{"sectionNumber":"236A","sectionType":"section","heading":"Recklessness as to nature of money or property sufficient for","content":"236A Recklessness as to nature of money or property sufficient for\noffence of attempt against section 231\nDespite section 43BF(4), for an offence of attempting to commit an\noffence against section 231, recklessness is the fault element in\nrelation to the physical element in section 231(1)(b).\n","sortOrder":297},{"sectionNumber":"236B","sectionType":"section","heading":"False accounting","content":"236B False accounting\n(a) the person damages, destroys or conceals an accounting\ndocument; and\n\nCriminal Code Act 1983 235\n(i) makes, or concurs in making, an entry that is false or\nmisleading in a material particular in an accounting\ndocument; or\n(ii) omits, or concurs in omitting, a material particular from\nan accounting document; and\nNote for subsection (3)(c)\n(4) Subsection (3)(b) is the fault element for the conduct in\nsubsection (3)(a).\n(5) A person commits an offence if:\n(a) the person produces to another person, or makes use of, an\naccounting document; and\n(c) the document is false or misleading in a material particular\nand the person is reckless in relation to that circumstance; and\nNote for subsection (5)(d)\n(6) Subsection (5)(b) is the fault element for the conduct in\nsubsection (5)(a).\n\nCriminal Code Act 1983 236\naccounting document means any account, record or document\nmade or required for any accounting purpose or any similar\npurpose or for any financial transaction.\n","sortOrder":298},{"sectionNumber":"236C","sectionType":"section","heading":"False statements by officer of body corporate etc.","content":"236C False statements by officer of body corporate etc.\n(a) the person is an officer of a body corporate or unincorporated\nassociation or purports to be an officer of a body corporate or\nunincorporated association; and\n(b) the person publishes or concurs in the publishing of a\ndocument containing a statement or account; and\nwith the intention of deceiving members or creditors of the\nbody corporate or unincorporated association about the body\ncorporate's or unincorporated association's affairs; and\n(d) the document is false or misleading in a material particular\nand the person has knowledge of that circumstance.\n(3) Strict liability applies to subsection (1)(a).\ncreditor, of a body corporate or unincorporated association,\nincludes a person who has entered into a security for the benefit of\nthe body corporate or unincorporated association.\nofficer, of a body corporate or unincorporated association,\nincludes:\n(a) any member of the body corporate or unincorporated\nassociation who is concerned in its management; and\n(b) any person purporting to act as an officer of the body\ncorporate or unincorporated association.\n\nCriminal Code Act 1983 237\n","sortOrder":299},{"sectionNumber":"236D","sectionType":"section","heading":"Falsification of registers","content":"236D Falsification of registers\n(a) the person intentionally makes or concurs in making an entry\nin a register or record kept by a body, office or position\nestablished by an Act; and\n(b) the entry is false or misleading in a material particular and the\nperson has knowledge of that circumstance.\n","sortOrder":300},{"sectionNumber":"236E","sectionType":"section","heading":"Interpretation","content":"236E Interpretation\nagent includes the following:\n(a) a person acting for another person with that other person's\nactual or implied authority;\n(b) a public officer;\n(c) an employee of an employer;\n(d) a lawyer acting for a client;\n(e) a partner in a partnership;\n(f) an officer of a body corporate (whether or not employed by it);\n(g) an officer of another body (whether or not employed by it);\n(h) a consultant to a person.\nbenefit means a benefit of any kind, including a non-pecuniary\nobtain, see section 236F.\nprincipal, for an agent, means the following:\n(a) if the agent is a person acting for another person with that\nother person's actual or implied authority – the other person;\n(b) if the agent is a public officer – the government or other body\nfor which the public officer acts;\n\nCriminal Code Act 1983 238\n(c) if the agent is an employee of an employer – the employer;\n(d) if the agent is a lawyer acting for a client – the client;\n(e) if the agent is a partner in a partnership – the partnership;\n(f) if the agent is an officer of a body corporate (whether or not\nemployed by it) – the body corporate;\n(g) if the agent is an officer of another body (whether or not\nemployed by it) – the body;\n(h) if the agent is a consultant to a person – the person.\n(2) A person is an agent or a principal if the person is, or has been or\nintends to be, an agent or a principal.\n","sortOrder":301},{"sectionNumber":"236F","sectionType":"section","heading":"Meaning of obtain","content":"236F Meaning of obtain\n(1) In this Division, obtain includes:\n(a) obtain for another person; and\n(b) induce a third person to do something that results in another\nperson obtaining; or\n(2) A person (person A) is taken to obtain a benefit for another person\n(person B) if person A induces a third person to do something that\nresults in person B obtaining the benefit.\n","sortOrder":302},{"sectionNumber":"236G","sectionType":"section","heading":"Bribery – offence by person in relation to agent","content":"236G Bribery – offence by person in relation to agent\n(i) provides a benefit to an agent or another person; or\n(ii) causes a benefit to be provided to an agent or another\n(iii) offers to provide, or promises to provide, a benefit to an\nagent or another person; or\n(iv) causes an offer to provide, or causes a promise to\nprovide, a benefit to be made to an agent or another\n\nCriminal Code Act 1983 239\nwith the intention that the agent will:\n","sortOrder":303},{"sectionNumber":"236H","sectionType":"section","heading":"Bribery – offence by agent","content":"236H Bribery – offence by agent\n(a) the person is an agent (the agent); and\n(b) the agent:\n(i) requests a benefit from a person for the agent or another\n(ii) obtains a benefit from a person for the agent or another\n(iii) agrees to obtain a benefit from a person for the agent or\n(c) the agent engages in the conduct mentioned in paragraph (b)\n(i) that the agent will:\n(A) be influenced or affected in the exercise of the\nagent's function as agent; or\n(B) do or not do something as agent, or because of the\n\nCriminal Code Act 1983 240\n(C) cause or influence the agent's principal, or another\nagent of the principal, to do or not do something; or\n(ii) of inducing, fostering or sustaining a belief that the agent\nwill:\n(A) be influenced or affected in the exercise of the\nagent's function as agent; or\n(B) do or not do something as agent, or because of the\n(C) cause or influence the agent's principal, or another\nagent of the principal, to do or not do something;\nand\n(d) the conduct mentioned in paragraph (b) is dishonest.\n(3) Strict liability applies to subsection (1)(a).\n","sortOrder":304},{"sectionNumber":"236J","sectionType":"section","heading":"Other corrupting benefits – offence by person in relation to","content":"236J Other corrupting benefits – offence by person in relation to\nagent\n(i) provides a benefit to an agent or another person; or\n(ii) causes a benefit to be provided to an agent or another\n(iii) offers to provide, or promises to provide, a benefit to an\nagent or another person; or\n(iv) causes an offer to provide, or causes a promise to\nprovide, a benefit to be made to an agent or another\n(b) the conduct mentioned in paragraph (a) is dishonest; and\n\nCriminal Code Act 1983 241\n(c) obtaining, or expecting to obtain, the benefit would tend to\ninfluence the agent to:\n(d) the person is reckless in relation to the circumstance\nmentioned in paragraph (c).\nNote for paragraph (b)\n","sortOrder":305},{"sectionNumber":"236K","sectionType":"section","heading":"Other corrupting benefits – offence by agent","content":"236K Other corrupting benefits – offence by agent\n(a) the person is an agent (the agent); and\n(b) the agent intentionally:\n(i) requests a benefit from a person for the agent or another\n(ii) obtains a benefit from a person for the agent or another\n(iii) agrees to obtain a benefit from a person for the agent or\n(c) the conduct mentioned in paragraph (b) is dishonest; and\n(d) obtaining, or expecting to obtain, the benefit would tend to\ninfluence the agent to:\n\nCriminal Code Act 1983 242\n(e) the agent is reckless in relation to the circumstance mentioned\nin paragraph (d).\n","sortOrder":306},{"sectionNumber":"236L","sectionType":"section","heading":"Alternative verdict for offence against section 236G","content":"236L Alternative verdict for offence against section 236G\nsection 236G, the trier of fact may find the person not guilty of the\nsection 236J if the trier of fact:\ncommitted an offence against section 236G; and\ncommitted an offence against section 236J.\n","sortOrder":307},{"sectionNumber":"236M","sectionType":"section","heading":"Alternative verdict for offence against section 236H","content":"236M Alternative verdict for offence against section 236H\nsection 236H, the trier of fact may find the person not guilty of the\nsection 236K if the trier of fact:\ncommitted an offence against section 236H; and\ncommitted an offence against section 236K.\n","sortOrder":308},{"sectionNumber":"236N","sectionType":"section","heading":"Independent advisor accepting secret commission","content":"236N Independent advisor accepting secret commission\n(a) the person intentionally holds themselves out to the public as\nbeing engaged in a business or activity of:\n(i) making independent selections or examinations; or\n(ii) expressing disinterested opinions in respect of property\nor services; and\n(b) the person requests, receives or obtains, or agrees to receive\nor obtain, a benefit from another person; and\n\nCriminal Code Act 1983 243\nwith the intention that the benefit will influence the person's\nselection, examination or opinion; and\n(d) the conduct mentioned in paragraph (b) is dishonest.\n","sortOrder":309},{"sectionNumber":"237A","sectionType":"section","heading":"Definitions","content":"237A Definitions\nagreement about conduct that corrupts a wagering outcome of\nan event or contingency, means an agreement between 2 or\nmore persons under which one or more of them agree to engage in\nconduct that corrupts a wagering outcome of an event or\ncontingency.\ncausing a financial disadvantage, see section 237D(2).\ncontingency, see section 237C(2).\ncorrupts a wagering outcome of an event or contingency, see\nsection 237B.\nencouraging, see section 237F.\nevent, see section 237C(1).\nobtaining a financial advantage, see section 237D(1).\nwagering, see section 9 of the Racing and Wagering Act 2024.\n\nCriminal Code Act 1983 244\n","sortOrder":310},{"sectionNumber":"237B","sectionType":"section","heading":"Corrupts wagering outcome of event or contingency","content":"237B Corrupts wagering outcome of event or contingency\nConduct corrupts a wagering outcome of an event or\ncontingency if the conduct:\n(a) affects or, if engaged in, would be likely to affect the outcome\nof any type of wagering on the event or contingency; and\n(b) is contrary to the standards of integrity that a reasonable\nperson would expect of persons in a position to affect the\noutcome of any type of wagering on the event or contingency.\n","sortOrder":311},{"sectionNumber":"237C","sectionType":"section","heading":"Events and contingencies","content":"237C Events and contingencies\n(1) An event means any event (whether it takes place in the Territory\nor elsewhere) on which it is lawful to wager under the laws of the\nTerritory, a State, another Territory or the Commonwealth.\n(2) A contingency means any contingency on which it is lawful to\nwager under the laws of the Territory, a State, another Territory or\nthe Commonwealth.\n","sortOrder":312},{"sectionNumber":"237D","sectionType":"section","heading":"Obtaining financial advantage or causing financial","content":"237D Obtaining financial advantage or causing financial\ndisadvantage\n(1) Obtaining a financial advantage includes any of the following,\nwhether the financial advantage is permanent or temporary:\n(a) obtaining a financial advantage for oneself or for another\n(b) inducing a third person to do something that results in oneself\nor another person obtaining a financial advantage;\n(c) keeping a financial advantage that one has.\n(2) Causing a financial disadvantage includes any of the following,\nwhether the financial disadvantage is permanent or temporary:\n(a) causing a financial disadvantage to another person;\n(b) inducing a third person to do something that results in another\nperson suffering a financial disadvantage.\n\nCriminal Code Act 1983 245\n","sortOrder":313},{"sectionNumber":"237E","sectionType":"section","heading":"Proof of intention to obtain financial advantage or cause","content":"237E Proof of intention to obtain financial advantage or cause\nfinancial disadvantage\n(1) In proceedings for an offence under section 237G, 237H or 237J,\nthe defendant is taken to have intended to obtain a financial\nadvantage, or to cause a financial disadvantage, if, and only if, it is\nproved that:\n(a) the defendant intended to obtain a financial advantage, or\ncause a financial disadvantage, in connection with wagering\non the event; or\n(b) the defendant knew that another person intended to obtain a\nfinancial advantage, or cause a financial disadvantage, in\nconnection with wagering on the event or contingency, as a\nresult of the conduct the subject of the charge.\n(2) It is not necessary to prove that any financial advantage was\nactually obtained or any financial disadvantage was actually\ncaused.\nconduct the subject of the charge means:\n(a) in the case of an offence against section 237G – the conduct\nthat the defendant engaged in; or\n(b) in the case of an offence against section 237H(1) – the\nconduct that the defendant offered to engage in; or\n(c) in the case of an offence against section 237H(2) – the\nconduct that the defendant encouraged another person to\nengage in; or\n(d) in the case of an offence against section 237H(3) – the\nconduct the subject of the agreement; or\n(e) in the case of an offence against section 237J(1) – the\nconduct, or the conduct the subject of the agreement, that the\ndefendant encouraged another person to conceal.\n","sortOrder":314},{"sectionNumber":"237F","sectionType":"section","heading":"Encouraging","content":"237F Encouraging\nEncouraging another person to engage in conduct includes\ncommanding, requesting, proposing, advising, inciting, inducing,\npersuading, authorising, urging, threatening or placing pressure on\nthe person to engage in the conduct.\n\nCriminal Code Act 1983 246\n","sortOrder":315},{"sectionNumber":"237G","sectionType":"section","heading":"Engaging in conduct that corrupts wagering outcome of event","content":"237G Engaging in conduct that corrupts wagering outcome of event\nor contingency\nA person commits an offence if the person:\n(a) engages in conduct that corrupts the outcome of an event or\ncontingency; and\n","sortOrder":316},{"sectionNumber":"237H","sectionType":"section","heading":"Facilitating conduct that corrupts wagering outcome of event","content":"237H Facilitating conduct that corrupts wagering outcome of event\nor contingency\n(a) offers to engage in conduct that corrupts a wagering outcome\nof an event or contingency; and\n(2) A person commits an offence if the person:\n(a) encourages another person to engage in conduct that corrupts\na wagering outcome of an event or contingency; and\n(3) A person commits an offence if the person:\n(a) enters into an agreement about conduct that corrupts a\nwagering outcome of an event or contingency; and\n\nCriminal Code Act 1983 247\n","sortOrder":317},{"sectionNumber":"237J","sectionType":"section","heading":"Concealing conduct or agreement about conduct that corrupts","content":"237J Concealing conduct or agreement about conduct that corrupts\nwagering outcome of event or contingency\n(a) the person encourages another person to conceal from any\nappropriate authority conduct, or an agreement about conduct,\nthat corrupts a wagering outcome of an event or contingency;\nand\n(b) the conduct mentioned in paragraph (a) is engaged in with the\nintention of obtaining a financial advantage, or causing a\nfinancial disadvantage, in connection with any wagering on the\nevent or contingency.\nappropriate authority includes a body that has the official function\nof controlling, regulating or supervising an event or contingency or\nany wagering on an event or contingency.\n","sortOrder":318},{"sectionNumber":"237K","sectionType":"section","heading":"Use of corrupt conduct information for wagering","content":"237K Use of corrupt conduct information for wagering\n(a) the person possesses information in connection with an event\nor contingency; and\n(b) the information is about conduct, or proposed conduct, that\ncorrupts a wagering outcome of an event or contingency; and\n(i) wagers on the event or contingency; or\n(ii) encourages another person to wager on the event or\ncontingency in a particular way; or\n(iii) communicates the information mentioned in\nparagraph (b), or causes that information to be\ncommunicated, to another person whom the first person\nknows or ought reasonably to know would or would be\nlikely to wager on the event or contingency.\n\nCriminal Code Act 1983 248\n(2) In proceedings for an offence against subsection (1)(c)(ii) or (iii), it\nis not necessary to prove that the person encouraged to wager, or\nto whom information was communicated, actually wagered on the\nevent or contingency concerned.\n","sortOrder":319},{"sectionNumber":"237L","sectionType":"section","heading":"Use of inside information for wagering","content":"237L Use of inside information for wagering\n(a) the person possesses information in connection with an event\nor contingency; and\n(b) the information is inside information; and\n(i) wagers on the event or contingency; or\n(ii) encourages another person to wager on the event or\ncontingency in a particular way; or\n(iii) communicates the information, or causes the information\nto be communicated, to another person whom the first\nperson knows or ought reasonably to know would or\nwould be likely to wager on the event or contingency.\n(2) For subsection (1)(b), information in connection with an event or\ncontingency is inside information if it is not generally available\nand, if it were generally available, would or would likely influence\npersons who commonly wager on the event or contingency in:\n(a) deciding whether or not to wager on the event or contingency;\nor\n(b) making any other decision to wager on the event or\ncontingency.\n(3) For subsection (2)(b), information is generally available if:\n(a) it consists of matter that is readily observable by the public; or\n(b) it has been made known in a manner that would, or would be\nlikely to, bring it to the attention of the public; or\n(c) it consists of deductions, conclusions or inferences made or\ndrawn from information mentioned in paragraph (a) or (b).\n\nCriminal Code Act 1983 249\n(4) In proceedings for an offence against subsection (1)(c)(ii) or (iii), it\nis not necessary to prove that the person encouraged to wager, or\nto whom information was communicated, actually wagered on the\nevent or contingency concerned.\n","sortOrder":320},{"sectionNumber":"237M","sectionType":"section","heading":"Alternative verdict","content":"237M Alternative verdict\nsection 237K, the trier of fact may find the person not guilty of an\nsection 237L if the trier of fact:\ncommitted an offence against section 237K; and\ncommitted an offence against section 237L.\n","sortOrder":321},{"sectionNumber":"238","sectionType":"section","heading":"Definitions","content":"238 Definitions\nbelongs, in relation to property, see section 239.\ncauses, in relation to damage or other result, see section 240.\ndamage, to property, includes:\n(a) destroying the property; and\n(b) causing the physical loss of the property by interfering with the\nproperty (including by removing any restraint over the property\nor abandoning the property); and\n(c) causing any loss of a use or function of the property by\ninterfering with the property; and\n(d) defacing the property, and\n(e) for a document – obliterating or rendering illegible the whole or\nany part of the document; and\n(f) for an animal – harming or killing the animal; and\n(g) for a plant or other thing forming part of land – severing it from\nthe land.\n\nCriminal Code Act 1983 250\nproperty:\n(a) means any real or personal property of a tangible nature; and\n(b) without limiting paragraph (a), includes:\n(i) a wild creature that is tamed or ordinarily kept in captivity\nor that is or is being reduced into the possession of a\n(ii) any organ or part of a human body and any blood, ova,\nsemen or other substance extracted from the human\nbody.\nproperty damage offence means:\n(a) an offence against Subdivision 2 (other than an offence\nagainst section 242); or\n(b) conduct in a State or another Territory that:\n(i) is an offence against a law of that State or Territory; and\n(ii) would constitute an offence against Subdivision 2 (other\nthan an offence against section 242) if the conduct\noccurred in the Territory.\n","sortOrder":322},{"sectionNumber":"239","sectionType":"section","heading":"Person to whom property belongs","content":"239 Person to whom property belongs\n(1) For this Division, property belongs to anyone who has:\n(a) possession or control of it; or\n(b) any proprietary right or interest in it, other than an equitable\ninterest arising only from:\n(i) an agreement to transfer or grant an interest; or\n(ii) a constructive trust.\n(2) If property is subject to a trust, the person to whom the property\nbelongs includes anyone having a right to enforce the trust.\n(3) If property belongs to 2 or more persons:\n(a) a reference in this Division to a person to whom the property\nbelongs is a reference to all those persons; and\n\nCriminal Code Act 1983 251\n(b) for an offence committed by a person (the defendant) – a\nreference in this Division to property belonging to another\nperson includes a reference to property belonging to the\ndefendant and other persons.\n","sortOrder":323},{"sectionNumber":"240","sectionType":"section","heading":"Causing damage or other result","content":"240 Causing damage or other result\nFor this Division, a person causes damage or any other result if the\nperson's conduct substantially contributes to the damage or other\nresult.\n","sortOrder":324},{"sectionNumber":"241","sectionType":"section","heading":"Damage to property","content":"241 Damage to property\n(1) A person is guilty of an offence if the person causes damage to\nproperty belonging to another person.\n(a) intentionally causes damage to property belonging to that\nother person or someone else; or\n(b) is reckless as to causing damage to property belonging to that\nother person or someone else.\n(2) A person is guilty of an offence if the person makes a threat to\nanother person to cause damage to property.\n(a) intentionally makes a threat to another person to cause\ndamage to property; and\n(b) is reckless as to causing the other person to fear that:\n(i) the threat will be carried out; and\n(ii) the carrying out of the threat will cause death or serious\nharm to someone.\n\nCriminal Code Act 1983 252\nanother person to cause damage to property belonging to that other\nperson or someone else.\n(a) intentionally makes a threat to another person to cause\ndamage to property belonging to that other person or\nsomeone else; and\n(b) intends to cause the other person to fear that the threat will be\n(4) For subsections (2) and (3):\nimplicit and may be conditional or unconditional; and\nand\n(5) A person is guilty of an offence if the person possesses a thing for\nuse by that person or someone else to cause damage to property\nbelonging to another person.\nFault element:\nThe person intends that the person or someone else will use the\nthing to cause damage to property belonging to another person.\n","sortOrder":325},{"sectionNumber":"241A","sectionType":"section","heading":"Ram-raid","content":"241A Ram-raid\n(a) the person drives a motor vehicle; and\n(b) the person engages in that conduct with the intention of using\nthe vehicle to damage property belonging to another person;\nand\n\nCriminal Code Act 1983 253\n(c) the conduct results in damage to the property.\nExamples for subsection (1)\n1 Ramming a police vehicle.\n2 Ramming a store to gain entry.\n(3) Strict liability applies to subsection (1)(c).\n242 Sabotage\n(1) A person is guilty of an offence if the person:\n(a) commits a property damage offence; and\n(b) causes damage to a public facility in committing the property\ndamage offence.\n(a) has the fault elements for a particular property damage\noffence; and\n(b) in committing the property damage offence, intends to cause:\n(i) major disruption to government functions; or\n(ii) major disruption to the use of services by the public; or\n(iii) major economic loss.\n\nCriminal Code Act 1983 254\nanother person to damage a public facility.\n(a) intentionally makes a threat to another person to damage a\npublic facility; and\n(b) intends to cause the other person to fear that the threat will be\ncarried out and will cause:\n(i) major disruption to government functions; or\n(ii) major disruption to the use of services by the public; or\n(iii) major economic loss.\nMaximum penalty: Imprisonment for 15 years.\n(4) For subsection (3):\nimplicit and conditional or unconditional; and\nand\ndamage to a public facility means:\n(a) causing damage to a public facility or any part of the facility; or\n(b) causing disruption to the use or operation of a public facility.\npublic facility means any of the following (whether publicly or\nprivately owned):\n(a) government facilities, including premises used by government\nemployees in connection with official duties;\n\nCriminal Code Act 1983 255\n(b) public infrastructure facilities, including facilities providing\nwater, sewerage, energy, fuel, communication or other\nservices to the public;\n(c) public information systems, including systems used to\ngenerate, send, receive, store or otherwise process electronic\ncommunications;\n(d) public transport facilities, including facilities used to transport\npeople or goods;\n(e) public places, including any premises, land or water open to\nthe public.\n","sortOrder":326},{"sectionNumber":"243","sectionType":"section","heading":"Arson","content":"243 Arson\n(1) A person is guilty of an offence if the person causes damage to a\nbuilding or conveyance by using fire or an explosive substance.\n(a) intentionally uses fire or an explosive substance; and\n(b) intentionally causes, or is reckless as to causing, damage to a\nbuilding or conveyance.\nanother person to use fire or an explosive substance to cause\ndamage to a building or conveyance.\n(a) intentionally makes a threat to another person to use fire or an\nexplosive substance to cause damage to a building or\nconveyance; and\n\nCriminal Code Act 1983 256\n(b) intends to cause, or is reckless as to causing, another person\nto fear that the threat will be carried out.\n(4) For subsection (3):\nimplicit and may be conditional or unconditional; and\nand\nbuilding includes:\n(a) a part of a building; and\n(b) all or part of any other structure or thing (whether or not\nmoveable) that is used, designed or adapted for residential\npurposes (for example, a caravan).\nconveyance means an aircraft, vessel, train, motor vehicle or\ntrailer attached to a motor vehicle.\n","sortOrder":327},{"sectionNumber":"244","sectionType":"section","heading":"Bushfires","content":"244 Bushfires\n(a) the person causes a fire; and\n(b) there is a substantial risk that:\n(i) the fire would spread to vegetation on property\nbelonging to another person; and\n\nCriminal Code Act 1983 257\n(ii) the person would not be able to stop the spreading of\nthe fire.\n(a) intentionally causes the fire or is reckless as to causing the\nfire; and\n(b) is reckless as to the risk.\nMaximum penalty: Imprisonment for 15 years.\n(2) Subsection (1) does not apply to a person who caused a fire for the\npurposes of fire management or land management (or both):\n(a) in accordance with a law in force in the Territory (including, for\nexample, the Aboriginal Land Rights (Northern Territory)\nAct 1976 (Cth), the Bushfires Management Act 2016 and the\nFire and Emergency Act) 1996; or\n(b) in accordance with an agreement entered into by the Territory.\nExample for subsection (2)(a)\nA person who caused a fire in the course of carrying out fire management\nactivities such as hazard reduction activities under the Fire and Emergency\nAct 1996.\nExample for subsection (2)(b)\nA person who caused a fire in the course of carrying out fire management and\nland management activities under an agreement between the Territory and a\nprivate company established for the reduction of greenhouse gas emissions.\n(3) For this section, a person causes a fire if the person:\n(a) lights a fire; or\n(b) maintains a fire.\n","sortOrder":328},{"sectionNumber":"245","sectionType":"section","heading":"Leaving explosive substance at a place","content":"245 Leaving explosive substance at a place\n(a) the person leaves an explosive substance at a place; and\n\nCriminal Code Act 1983 258\n(b) there is a substantial risk that the explosive substance would\ncause damage to property belonging to another person.\n(a) intentionally leaves an explosive substance at a place; and\n(b) is reckless as to the risk.\n","sortOrder":329},{"sectionNumber":"246","sectionType":"section","heading":"Endangering operation of aircraft","content":"246 Endangering operation of aircraft\n(1) A person is guilty of an offence if the person engages in conduct\nthat results in a substantial risk of endangering the safe operation of\nan aircraft.\n(a) intentionally engages in the conduct; and\n(b) is reckless as to the result.\n","sortOrder":330},{"sectionNumber":"247","sectionType":"section","heading":"Obstructing runways","content":"247 Obstructing runways\nA person is guilty of an offence if the person obstructs any aircraft\nin its passage on a runway.\nFault element:\nThe person intentionally obstructs, or is reckless as to obstructing,\nany aircraft in its passage on a runway.\n\nSubdivision 3 Circumstances in which there is no criminal responsibility\nCriminal Code Act 1983 259\nSubdivision 3 Circumstances in which there is no criminal\n248 Consent\nA person (the defendant) is not criminally responsible for an\noffence against this Division that involves damage to property\n(other than section 242) if, at the time of the conduct constituting\nthe offence:\n(a) the person entitled to consent to the damage to the property\nconcerned had so consented; or\n(b) the defendant believed that:\n(i) the person whom the defendant believed was entitled to\nconsent to the damage of the property concerned had so\nconsented; or\n(ii) such a person would have so consented if that person\nhad known about the damage to be caused to the\nproperty and its circumstances.\nNote for section 248\nPart IIAA, Division 3, provides for other circumstances in which there is no\ncriminal liability.\n","sortOrder":331},{"sectionNumber":"249","sectionType":"section","heading":"Claim of right","content":"249 Claim of right\n(1) A person is not criminally responsible for an offence against this\nDivision (other than section 242) if, at the time of the conduct\nconstituting the offence, the person believed:\n(a) that the person had a right or interest in the property\nconcerned; and\n(b) the right or interest authorised the person to engage in the\n(2) For this section, a right or interest in property includes a right or\nprivilege in or over land or waters, whether created by a grant,\nlicence or otherwise.\nNote for section 249\nPart IIAA, Division 3, provides for other circumstances in which there is no\ncriminal liability.\n\nCriminal Code Act 1983 260\n","sortOrder":332},{"sectionNumber":"250","sectionType":"section","heading":"Definitions","content":"250 Definitions\nfalse document, see section 251.\npublic duty means a duty of a public officer.\n","sortOrder":333},{"sectionNumber":"251","sectionType":"section","heading":"Meaning of false document","content":"251 Meaning of false document\n(1) For this Division, a document is a false document only if the\ndocument, or any part of the document, purports:\n(a) to have been made in the form in which it is made by a person\nwho did not make it in that form; or\n(b) to have been made in the form in which it is made on the\nauthority of a person who did not authorise its making in that\nform; or\n(c) to have been made in the terms in which it is made by a\nperson who did not make it in those terms; or\n(d) to have been made in the terms in which it is made on the\nauthority of a person who did not authorise its making in those\nterms; or\n(e) to have been changed in any way by a person who did not\nchange it in that way; or\n(f) to have been changed in any way on the authority of a person\nwho did not authorise it to be changed in that way; or\n(g) to have been made or changed by an existing person who did\nnot exist; or\n(h) to have been made or changed on the authority of an existing\nperson who did not exist; or\n(i) to have been made or changed on a date on which, at a time\nor place at which, or otherwise in circumstances in which it\nwas not made or changed.\n(2) For this Division, making a false document includes changing the\ndocument so as to make it a false document under subsection (1)\n(whether or not it already was false in some other way).\n\nCriminal Code Act 1983 261\n(3) For this Division, a document that purports to be a true copy of\nanother document is to be treated as if it were the original\ndocument.\n","sortOrder":334},{"sectionNumber":"252","sectionType":"section","heading":"Inducing acceptance that document genuine","content":"252 Inducing acceptance that document genuine\nFor this Division, a reference to inducing a person to accept a\ndocument as genuine includes a reference to causing a computer,\nmachine or electronic device to respond to the document as if it\nwere genuine.\n","sortOrder":335},{"sectionNumber":"253","sectionType":"section","heading":"Forgery","content":"253 Forgery\n(a) the person (person A) makes a false document; and\n(b) person A engages in the conduct mentioned in paragraph (a)\n(i) that person A or another person (person B) will use the\ndocument to induce another person (person C) to\naccept it as genuine; and\n(ii) because person C accepts it as genuine – that person A,\nperson B or another person obtains a gain, causes a\nloss or influences the exercise of a public duty; and\n(3) To avoid doubt, for subsection (1)(b)(i), it is not necessary to prove\n","sortOrder":336},{"sectionNumber":"254","sectionType":"section","heading":"Using false document","content":"254 Using false document\n(a) the person (person A) uses a document; and\n(b) the document is a false document and person A has\n\nCriminal Code Act 1983 262\n(c) person A engages in the conduct mentioned in paragraph (a)\n(i) to induce another person (person B) to accept it as\ngenuine; and\n(ii) because person B accepts it as genuine – that person A\nor another person obtains a gain, causes a loss or\ninfluences the exercise of a public duty; and\n(3) To avoid doubt, for subsection (1)(c)(i), it is not necessary to prove\n","sortOrder":337},{"sectionNumber":"255","sectionType":"section","heading":"Possess false document","content":"255 Possess false document\n(a) the person (person A) has a document in person A's\npossession; and\n(b) the document is a false document and person A has\n(c) person A engages in the conduct mentioned in paragraph (a)\n(i) to induce another person (person B) to accept it as\ngenuine; and\n(ii) because person B accepts it as genuine – that person A\nor another person obtains a gain, causes a loss or\ninfluences the exercise of a public duty; and\n\nCriminal Code Act 1983 263\n(3) To avoid doubt, for subsection (1)(c)(i), it is not necessary to prove\n","sortOrder":338},{"sectionNumber":"256","sectionType":"section","heading":"Making or adapting instrument or material for forgery","content":"256 Making or adapting instrument or material for forgery\n(a) the person makes or adapts a device, material or other thing;\nand\n(i) to use the device, material or other thing to commit an\noffence against section 253; or\n(ii) for another person to use the device, material or other\nthing to commit an offence against section 253.\n","sortOrder":339},{"sectionNumber":"257","sectionType":"section","heading":"Possessing instrument or material for forgery","content":"257 Possessing instrument or material for forgery\n(a) the person possesses a device, material or other thing; and\n\nCriminal Code Act 1983 264\n(i) to use the device, material or other thing to commit an\noffence against section 253; or\n(ii) for another person to use the device, material or other\nthing to commit an offence against section 253.\n(a) the person intentionally possesses a device, material or other\nthing; and\nsubsection (3) if the defendant has a reasonable excuse.\nNote for section 257\nsubsection (4) (see section 43BU of the Criminal Code).\n","sortOrder":340},{"sectionNumber":"276","sectionType":"section","heading":"Interpretation","content":"276 Interpretation\n(1) In this Division, unless the contrary intention appears:\ncomputer includes:\n(a) a single computer, whether or not connected to a network or\ncommunications system; and\n\nCriminal Code Act 1983 265\n(b) more than one computer forming or connected to a network or\ncommunications system.\ndata includes:\n(a) information in any form; and\n(b) any program or part of a program.\ndata held in a computer includes:\n(a) data entered or copied into the computer;\n(b) data held in any removable data storage device that may be\nused in, or attached to, the computer; and\n(c) data held in a data storage device on a computer network of\nwhich the computer forms part.\ndata storage device means any thing containing or designed to\ncontain data that may be used in a computer and includes:\n(a) a device that may be used to gain access to, or perform a\nfunction on, a communications system or telecommunications\nnetwork; and\n(b) an internet web site.\nelectronic communication means a communication of information\nin any form by means of guided or unguided electrical or\nelectromagnetic energy.\ntelecommunications network means a system or series of\nsystems for carrying electronic communications.\n(2) For the purposes of an offence against this Division, a person\naccesses data or causes modification of data or impairment of\nelectronic communication if the person's conduct substantially\ncontributes to the access, modification or impairment.\n","sortOrder":341},{"sectionNumber":"276A","sectionType":"section","heading":"Meaning of access to data, modification of data and","content":"276A Meaning of access to data, modification of data and\nimpairment of electronic communication\n(a) access to data held in a computer means:\n(i) the display of the data by the computer or any other\noutput of the data from the computer;\n\nCriminal Code Act 1983 266\n(ii) the recording or monitoring of the data by a remote\ncomputer or other device;\n(iii) the copying or moving of the data to any other place in\nthe computer or to a data storage device; or\n(iv) if the data is a program – the execution of the program;\n(b) modification of data held in a computer means:\n(i) the alteration or removal of the data; or\n(ii) an addition to the data;\n(c) impairment of electronic communication to or from a computer\nincludes:\n(i) the prevention of any such communication; or\n(ii) the impairment of any such communication on an\nelectronic link or network used by the computer,\nbut only if the prevention or impairment is caused (whether\ndirectly or indirectly) by the execution of a function of a\ncomputer; and\n(d) use of data includes:\n(i) use by a third party; and\n(ii) use at the time the data was accessed or at a later time.\n","sortOrder":342},{"sectionNumber":"276B","sectionType":"section","heading":"Unlawful access to data","content":"276B Unlawful access to data\n(1) A person who unlawfully accesses data held in a computer with\nintent to:\n(a) cause loss or harm to the person entitled to the data or a third\n(b) gain a benefit or advantage, whether personally or for a third\nparty,\n(2) A person who unlawfully uses data that has been accessed\nunlawfully, whether or not he or she is the person who gained the\naccess to the data, is guilty of an offence and is liable to\nimprisonment for 10 years.\n\nCriminal Code Act 1983 267\n","sortOrder":343},{"sectionNumber":"276C","sectionType":"section","heading":"Unlawful modification of data","content":"276C Unlawful modification of data\n(1) A person:\n(a) who unlawfully causes any modification of data held in a\ncomputer; and\n(b) who intends by the modification to impede access to, or to\nadversely affect the reliability, security or operation of, data\nheld in a computer,\n(2) A person causes modification of data held in a computer if the\nperson sets in train a course of events that results in the\nmodification, even if the person did not himself or herself access\nthe particular computer in which the data is modified but the\nmodification would not have occurred but for the person's action.\n","sortOrder":344},{"sectionNumber":"276D","sectionType":"section","heading":"Unlawful impairment of electronic communication","content":"276D Unlawful impairment of electronic communication\nA person:\n(a) who unlawfully causes impairment of electronic\ncommunication to or from a computer; and\n(b) who intends to impair electronic communication to or from the\ncomputer or any other computer,\n","sortOrder":345},{"sectionNumber":"276E","sectionType":"section","heading":"Unlawful use of access time","content":"276E Unlawful use of access time\n(1) A person who unlawfully uses access time to a computer or\ntelecommunications network, the access being charged to another\nperson, is guilty of an offence and is liable to imprisonment for\n(2) A person who unlawfully makes available for use by another person\naccess time to a computer or telecommunications network, the\naccess being charged to a third person, is guilty of an offence and\nis liable to imprisonment for 3 years.\n","sortOrder":346},{"sectionNumber":"276F","sectionType":"section","heading":"Territorial nexus for offences","content":"276F Territorial nexus for offences\nA person is guilty of an offence against this Division:\n(a) if the person does an unlawful act within the Territory that\nleads to the unlawful access to, or modification of, data held in\na computer or impairment of electronic communication,\n\nCriminal Code Act 1983 268\nirrespective of whether or not the affected computer or data\nstorage device is in the Territory; or\n(b) if the person does an unlawful act, whether within the Territory\nor not, that leads to the unlawful access to, or modification of,\ndata held in a computer or impairment of electronic\ncommunication, where the affected computer or data storage\ndevice is in the Territory.\nDivision 2 Unlawfully obtaining confidential information\n","sortOrder":347},{"sectionNumber":"276G","sectionType":"section","heading":"Unlawfully obtaining confidential information","content":"276G Unlawfully obtaining confidential information\nAny person who unlawfully abstracts any confidential information\nfrom any register, document, computer or other repository of\ninformation with intent to cause loss to a person or with intent to\npublish the same to a person who is not lawfully entitled to have or\nto receive it, or with intent to use it to obtain a benefit or advantage\nfor the person or another, is guilty of an offence and is liable to\n","sortOrder":348},{"sectionNumber":"276H","sectionType":"section","heading":"Publishing material about offending conduct","content":"276H Publishing material about offending conduct\n(a) publishes material on social media; and\n(b) the material depicts conduct that constitutes an offence\nagainst:\n(i) a provision of Part VI, Division 3A, 4, 5 or 5A; or\n(ii) a provision of Part VII, Division 1 or 6; or\n(iii) a provision prescribed by regulation; and\n(c) the person publishes the material with the intention of any of\nthe following:\n(i) increasing the reputation or notoriety of a person who\nengaged in the conduct;\n(ii) boasting of the conduct;\n(iii) glorifying the conduct;\n\nCriminal Code Act 1983 269\n(iv) encouraging others to engage in the same or similar\n(3) Strict liability applies to subsection (1)(b).\nsubsection (1) if the material is:\n(a) fictional; or\n(b) published for a genuine academic, artistic, educational,\njournalistic, literary, satirical or scientific purpose; or\n(c) published to inform the public of criminal conduct in order to:\n(i) complain about the conduct; or\n(ii) warn, notify or promote awareness of the conduct.\nExamples for subsection (4)(c)\n1 Residents posting videos of the conduct to document offences in their\ncommunity.\n2 Police posting videos warning against engaging in the conduct.\n(5) A person may be proceeded against, and convicted of, an offence\nagainst subsection (1) whether or not anyone is charged or\nconvicted of the offence mentioned in subsection (1)(b) depicted in\nthe material.\n(6) A person may be convicted of both an offence against\nsubsection (1) and the offence mentioned in subsection (1)(b)\ndepicted in the material.\nmaterial includes anything that contains data from which text,\nsound or images can be generated.\nExamples for definition material\nDigital photographs and videos.\npublish, in relation to material, means to make the material\navailable to the public by electronic means.\n\nCriminal Code Act 1983 270\nsocial media means digital technology that allows the sharing of\nideas and information, including text, sound and images, through\nvirtual networks, virtual communities or any service for carrying\ncommunications by means of guided or unguided electromagnetic\nenergy.\nExamples for definition social media\nFacebook, Instagram, Snapchat, Telegram, TikTok, WhatsApp, YouTube and\nX (Twitter).\nNote for definition social media\nSocial media is often located on the internet, including the dark web and the deep\nweb.\nPart VIII Attempts and preparation to commit offences:\nconspiracy: accessories after the fact\n","sortOrder":349},{"sectionNumber":"277","sectionType":"section","heading":"Attempts to commit offences","content":"277 Attempts to commit offences\n(1) Any person who attempts to commit an offence is guilty of an\n(2) If the offence attempted to be committed is an indictable offence he\nis, unless otherwise stated, guilty of an indictable offence.\n(3) If a charge of the offence attempted to be committed may be heard\nand determined summarily, a charge of the offence of attempting to\ncommit the offence may also be heard and determined summarily.\n","sortOrder":350},{"sectionNumber":"278","sectionType":"section","heading":"Punishment of attempts to commit offences","content":"278 Punishment of attempts to commit offences\n(1) Any person who attempts to commit an indictable offence of such a\nkind that a person found guilty of it is liable to the punishment of\nimprisonment for life or of imprisonment for 14 years or longer is\nliable, if no other punishment is provided, to imprisonment for\n(2) Any person who attempts to commit any other offence is liable, if no\nother punishment is provided, to a punishment equal to one-half of\nthe greatest punishment to which an offender found guilty of the\noffence that he attempted to commit is liable.\n","sortOrder":351},{"sectionNumber":"280","sectionType":"section","heading":"Attempts to procure commission of criminal offences","content":"280 Attempts to procure commission of criminal offences\n(1) Any person who attempts to procure another to do any act, make\nany omission or cause any event, whether in the Territory or\n\nCriminal Code Act 1983 271\nelsewhere, of such a nature that, if the act were done or the\nomission were made or the event were caused, an offence would\nthereby be committed under the laws of the Territory or the laws in\nforce in the place where the act, omission or event is proposed to\nbe done, made or caused whether by himself or by that other\nperson, is guilty of an offence of the same kind and is liable to the\nsame punishment as if he had himself attempted to do the same\nact, make the same omission or cause the same event in the\n(2) If the act, omission or event is proposed to be done, made or\ncaused at a place not in the Territory, the punishment cannot\nexceed that which he would have incurred under the laws in force\nwhere the act, omission or event was proposed to be done, made\nor caused if he had himself attempted to do the proposed act, make\nthe proposed omission or cause the proposed event.\n(3) A prosecution with respect to a matter referred to in subsection (2)\ncannot be instituted except at the request of the government of the\nstate having jurisdiction in the place where the act, omission or\nevent was proposed to be done, made or caused.\n","sortOrder":352},{"sectionNumber":"281","sectionType":"section","heading":"Preparation to commit indictable offence with explosives, &c.","content":"281 Preparation to commit indictable offence with explosives, &c.\nAny person who makes or knowingly has in his possession any\nexplosive substance or any dangerous or noxious thing with intent\nby means thereof to commit, or for the purpose of enabling any\nother person by means thereof to commit, an indictable offence is\nguilty of an offence and is liable to imprisonment for 5 years.\n","sortOrder":353},{"sectionNumber":"282","sectionType":"section","heading":"Conspiracy to commit indictable offence","content":"282 Conspiracy to commit indictable offence\nAny person who conspires with another to commit an indictable\noffence, or to do any act, make any omission or cause any event in\nany part of the world that, if done in the Territory, would be an\nindictable offence and that is an offence under the laws in force in\nthe place where it is proposed to be done, is guilty of an offence\nand is liable, if no other punishment is provided, to imprisonment for\n7 years; or, if the greatest punishment to which a person found\nguilty of the offence in question is liable is less than imprisonment\nfor 7 years, then to such lesser punishment.\n","sortOrder":354},{"sectionNumber":"283","sectionType":"section","heading":"Conspiracy to commit summary offence","content":"283 Conspiracy to commit summary offence\nAny person who conspires with another to commit a summary\noffence or to do any act, make any omission or cause any event in\n\nCriminal Code Act 1983 272\nany part of the world that if done in the Territory would be a simple\noffence and that is an offence under the laws in force in the place\nwhere it is proposed to be done, is guilty of an offence and is liable\nto imprisonment for one year.\n","sortOrder":355},{"sectionNumber":"284","sectionType":"section","heading":"Conspiracy to deceive or defraud","content":"284 Conspiracy to deceive or defraud\nAny person who conspires with another by deception or any\nfraudulent conduct to affect the market price of anything publicly\nsold or to defraud the public or any person, whether a particular\nperson or not, or to extort any property from any person is guilty of\nan offence and is liable to imprisonment for 7 years.\n","sortOrder":356},{"sectionNumber":"285","sectionType":"section","heading":"Conspiracy to lay false charge","content":"285 Conspiracy to lay false charge\n(1) Any person who conspires with another to charge any person or\ncause any person to be charged with an offence, whether alleged to\nhave been committed in the Territory or elsewhere, knowing that\nsuch person is innocent of the alleged offence is guilty of an\n(2) If the offence is such that a person found guilty of it is liable to be\nsentenced to imprisonment for life the offender is liable to\n(3) In any other case the offender is liable to imprisonment for 7 years.\n","sortOrder":357},{"sectionNumber":"286","sectionType":"section","heading":"Conspiracy to pervert justice","content":"286 Conspiracy to pervert justice\nAny person who conspires with another to obstruct, prevent, pervert\nor defeat the course of justice is guilty of an offence and is liable to\nimprisonment for 15 years.\n","sortOrder":358},{"sectionNumber":"288","sectionType":"section","heading":"Conspiracy to carry out seditious enterprise","content":"288 Conspiracy to carry out seditious enterprise\nAny person who conspires with another to carry out any seditious\nenterprise is guilty of an offence and is liable to imprisonment for\n","sortOrder":359},{"sectionNumber":"289","sectionType":"section","heading":"Other conspiracies","content":"289 Other conspiracies\nAny person who conspires with another:\n(a) to prevent or defeat the execution or enforcement of any\nstatute law;\n(b) to prevent or obstruct the free and lawful disposition of any\nproperty by the owner thereof for its fair value; or\n\nCriminal Code Act 1983 273\n(c) to prevent or obstruct, by means of any conduct that, if\nengaged in by an individual person, would constitute an\noffence on his part, the free and lawful exercise of the trade,\nprofession or occupation of any person,\n","sortOrder":360},{"sectionNumber":"290","sectionType":"section","heading":"Industrial disputes","content":"290 Industrial disputes\nNotwithstanding anything contained in section 293, no act done,\nomission made or event caused by any 2 or more persons in\ncontemplation or furtherance of any industrial dispute and no\nagreement or combination by any 2 or more persons to do any act,\nmake any omission or cause any event or to procure any act to be\ndone, omission to be made or event to be caused in contemplation\nor furtherance of any industrial dispute, shall render any of such\npersons guilty of an offence if such act, omission or event when\ndone, made or caused by an individual person would not have\nrendered such person guilty of an offence.\n","sortOrder":361},{"sectionNumber":"291","sectionType":"section","heading":"Conspiracy by husband and wife","content":"291 Conspiracy by husband and wife\nAny rule of law under which a husband and wife are incapable of\ncriminally conspiring together is abolished.\n","sortOrder":362},{"sectionNumber":"292","sectionType":"section","heading":"Position of other conspirators no defence","content":"292 Position of other conspirators no defence\nIt shall not be a defence to a charge of conspiracy that the person\nwith whom the accused is alleged to have conspired:\n(a) has not been prosecuted;\n(b) has been found guilty of a different offence;\n(c) is not amenable to justice;\n(d) has been acquitted; or\n(e) lacked the capacity to commit an offence.\n","sortOrder":363},{"sectionNumber":"293","sectionType":"section","heading":"Conspiracy to commit more than one offence","content":"293 Conspiracy to commit more than one offence\nIf a person conspires to engage in conduct that would constitute the\noffence of conspiracy under any 2 or more of the foregoing\nprovisions, he is guilty of only one conspiracy so long as such\nconduct is part of one agreement or continuous conspiratorial\nrelationship.\n\nDivision 1 Preliminary proceedings: change of place of trial: no true bill\nCriminal Code Act 1983 274\n","sortOrder":364},{"sectionNumber":"294","sectionType":"section","heading":"Punishment of accessories after the fact","content":"294 Punishment of accessories after the fact\n(1) Any person who becomes an accessory after the fact to murder or\nterrorism is guilty of an indictable offence and is liable to\n(2) Any person who becomes an accessory after the fact to any other\noffence of such a nature that the offender may be sentenced to\nimprisonment for a term greater than 3 years is guilty of an\nindictable offence and is liable, if no other punishment is provided,\nto imprisonment for 2 years.\n(3) Any person who becomes an accessory after the fact to any other\noffence of such a nature that the offender may be sentenced to\nimprisonment for one year, is guilty of an offence and is liable to a\npunishment equal to one-half of the greatest punishment to which\nthe perpetrator is liable on being found guilty.\n(4) If a charge of the offence to which the person is an accessory may\nbe heard and determined summarily, a charge of the offence of\nbeing an accessory to the offence may also be heard and\ndetermined with summarily.\nDivision 1 Preliminary proceedings: change of place of trial:\nno true bill\n","sortOrder":365},{"sectionNumber":"295","sectionType":"section","heading":"Jurisdiction","content":"295 Jurisdiction\nThe jurisdiction of courts of justice with respect to hearing and\ndetermining charges of offences is set forth in the laws relating to\nthe constitution and jurisdiction of those courts respectively.\n","sortOrder":366},{"sectionNumber":"297","sectionType":"section","heading":"Change of place of trial","content":"297 Change of place of trial\n(1) When a person has been committed for trial at a court held at any\nplace, whether he has been admitted to bail or not, the Supreme\nCourt or a Judge may, on the application of the Crown or of the\naccused person and upon good cause shown, order that the trial\nshall be held at some other place.\n(2) When an indictment has been presented against any such person\nthe court may, on the application of the Crown or the accused\nperson and upon good cause shown, order that the trial shall be\nheld at some place other than that named in the indictment and at a\ntime to be named in the order.\n\nCriminal Code Act 1983 275\n(4) The obligations of any persons who are bound to attend as\nwitnesses or to produce any documents are in like manner to be\ndeemed to be altered to the same time and place upon their being\ngiven written notice to that effect.\n","sortOrder":367},{"sectionNumber":"297A","sectionType":"section","heading":"No true bill","content":"297A No true bill\n(1) When a person charged with an indictable offence has been\ncommitted for trial and it is not intended to put him on his trial a\nCrown Law Officer shall:\n(a) issue a certificate to that effect; and\n(b) deliver it to the person committed:\n(i) if the person is not in custody, by giving it to him\npersonally or sending it by post to his last known\naddress; or\n(ii) if the person is in custody, by sending it by post or giving\nit to the person who has custody of him.\n(2) If the committed person has been released on bail, upon the issue\nof the certificate, the bail undertaking and any conditions of bail\nshall cease to have effect and any security or money deposited\nthereunder shall be returned to the person who deposited it.\n(3) If the committed person has not been released on bail, upon the\ndelivery of the certificate, the warrant of commitment shall cease to\nhave effect.\n","sortOrder":368},{"sectionNumber":"298","sectionType":"section","heading":"Nature of indictments","content":"298 Nature of indictments\n(1) When a person charged with an indictable offence has been\ncommitted for trial and it is intended to put him on his trial for the\noffence the charge is to be reduced to writing in a document that is\ncalled an indictment.\n(2) The indictment is to be signed by a Crown Law Officer.\n","sortOrder":369},{"sectionNumber":"299","sectionType":"section","heading":"Altering charges after committal","content":"299 Altering charges after committal\nWhen a person charged with an indictable offence has been\ncommitted for trial and if, in the opinion of the person responsible\nfor the presentation of the indictment, the evidence produced at the\npreliminary proceedings is such that he ought to be charged with\nsome further or other offence he may present an indictment\ncharging such further or other offence.\n\nCriminal Code Act 1983 276\n","sortOrder":370},{"sectionNumber":"300","sectionType":"section","heading":"Ex officio information","content":"300 Ex officio information\nA Crown Law Officer may sign an indictment against any person for\nany offence whether the accused person has been committed for\ntrial or not.\n","sortOrder":371},{"sectionNumber":"301","sectionType":"section","heading":"Arrest of person charged in ex officio information","content":"301 Arrest of person charged in ex officio information\n(1) When an indictment has been presented against a person who is\nnot in custody and has not been committed for trial or held to bail to\nattend to be tried upon the charge set forth in the indictment, or who\ndoes not appear to be tried upon the charge set forth in the\nindictment, a judge of the court in which the indictment is presented\nmay issue a warrant under his hand to arrest the accused person\nand bring him before a the Local Court.\n(2) The Local Court may commit him into the custody of the\nCommissioner of Correctional Services until he can be tried on the\nindictment or may, in a proper case, admit him to bail to attend to\nbe tried on the indictment.\n","sortOrder":372},{"sectionNumber":"302","sectionType":"section","heading":"Nolle prosequi","content":"302 Nolle prosequi\n(1) A Crown Law Officer may inform any court, by writing under his\nhand, that the Crown will not further proceed upon an indictment, or\nin relation to a charge contained in an indictment, then pending in\nthat court.\n(2) When such information is given to the court the accused person is\nto be discharged from any further proceedings upon that indictment\nor in relation to the charge.\n","sortOrder":373},{"sectionNumber":"303","sectionType":"section","heading":"General rule as to indictments","content":"303 General rule as to indictments\nExcept as otherwise expressly provided an indictment must charge\none offence against one person.\n","sortOrder":374},{"sectionNumber":"304","sectionType":"section","heading":"Commencement of indictment","content":"304 Commencement of indictment\nThe commencement of an indictment shall indicate the name of the\nperson by whom it is signed and the authority of that person to sign\nit.\n","sortOrder":375},{"sectionNumber":"305","sectionType":"section","heading":"Form of indictment","content":"305 Form of indictment\n(1) An indictment shall contain a statement of the offence charged\ntogether with such particulars as may be necessary to give\nreasonable information as to the nature of the charge.\n\nCriminal Code Act 1983 277\n(2) If more than one offence is charged each offence shall be set out in\na separate paragraph called a count and numbered consecutively.\n(3) The statement of the offence shall describe the offence shortly in\nordinary language in which the use of technical terms is\nunnecessary and it need not state all the elements of the offence,\nbut it shall contain a reference to the section and the enactment\ndefining the offence.\n(4) If any circumstance of aggravation is intended to be relied upon it\nshall be charged in the indictment.\n","sortOrder":376},{"sectionNumber":"306","sectionType":"section","heading":"Description of property","content":"306 Description of property\n(1) A description of property in an indictment may be in ordinary\nlanguage and shall be such as to indicate with reasonable clarity\nthe property referred to and, if the property is so described, it shall\nnot be necessary, except when required for the purpose of\ndescribing an offence depending on any special ownership of\nproperty or special value of property, to name the person to whom\nthe property belongs or the value of the property.\n(2) Where property is vested in more than one person and the owners\nof the property are referred to in an indictment it is sufficient to\ndescribe the property as owned by one of those persons by name\nand others and if the persons owning the property are a body of\npersons with a collective name it is sufficient to use the collective\nname without naming any individual.\n","sortOrder":377},{"sectionNumber":"307","sectionType":"section","heading":"Description of persons","content":"307 Description of persons\nThe description or designation in an indictment of the accused\nperson or of any other person to whom reference is made shall be\nsuch as is reasonably sufficient to identify him without necessarily\nstating his correct name or his address or occupation and if, owing\nto the name of the person being unknown or for any other reason, it\nis impossible or impracticable to give such a description or\ndesignation, such description or designation shall be given as is\nreasonably practicable in the circumstances or he may be\ndescribed as \"a person unknown\".\n","sortOrder":378},{"sectionNumber":"308","sectionType":"section","heading":"Circumstances in which more than one person may be","content":"308 Circumstances in which more than one person may be\ncharged in the same indictment\n(1) Any number of persons charged with committing or with counselling\nor procuring the commission of the same offence, although at\ndifferent times, or of being accessories after the fact to the same\noffence, although at different times, and any number of persons\ncharged with receiving, although at different times, any property\nthat has been obtained by means of an indictable offence, or by\n\nCriminal Code Act 1983 278\nmeans of an act that, if it had been done in the Territory, would be\nan indictable offence and that is an offence under the laws in force\nin the place where it was done, or any part of any property so\nobtained, may be charged with substantive offences in the same\nindictment and may be tried together notwithstanding that the\nperpetrator or the person who so obtained the property is not\nincluded in the same indictment or is not amenable to justice.\n(2) Any number of persons charged with committing different or\nseparate offences arising substantially out of the same facts or out\nof closely related facts so that a substantial part of the facts is\nrelevant to all the charges may be charged in the same indictment\nand tried together.\n","sortOrder":379},{"sectionNumber":"309","sectionType":"section","heading":"Circumstances in which more than one charge may be joined","content":"309 Circumstances in which more than one charge may be joined\nagainst the one person\n(1) Charges for more than one offence may be joined in the same\nindictment against the same person, whether the person is being\nproceeded against separately or with another or others, if those\ncharges are founded on the same facts or are, or form part of, a\nseries of offences of the same or similar character or a series of\noffences committed in the prosecution of a single purpose.\n(1A) To avoid doubt, charges for more than one offence may be joined in\nthe same indictment even if the offences are alleged to have been\ncommitted against different persons.\n(2) Charges of theft of any property or, alternatively, of receiving that\nproperty may be joined in the same indictment.\n","sortOrder":380},{"sectionNumber":"310","sectionType":"section","heading":"Circumstances where more than one offence may be charged","content":"310 Circumstances where more than one offence may be charged\nas one offence\nIn an indictment against a person for an assault the accused person\nmay be charged and proceeded against notwithstanding that such\nassault is alleged to be constituted by a number of assaults\nprovided they were committed on the same person in the\nprosecution of a single purpose or at about the same time.\n","sortOrder":381},{"sectionNumber":"311","sectionType":"section","heading":"Formal defect","content":"311 Formal defect\nWithout in any way limiting the power of the court to order an\nindictment to be amended, an indictment shall not be quashed by\nreason of formal defect if it is shown that such formal defect would\nnot cause surprise or uncertainty to the accused person as to the\ntrue nature of the charge or charges brought against him.\n\nCriminal Code Act 1983 279\n","sortOrder":382},{"sectionNumber":"312","sectionType":"section","heading":"Order for amendment of indictment","content":"312 Order for amendment of indictment\n(1) Where, before trial or at any stage of a trial, it appears to the court\nthat the indictment is defective or that there appears to be a\nvariance between the indictment and the evidence, the court shall\nmake such order for the amendment of the indictment as the court\nthinks necessary to meet the circumstances of the case if it is\nshown that the required amendment can be made without injustice.\n(2) Where an indictment is so amended a note of the order for\namendment shall be endorsed on the indictment and the indictment\nshall be treated for the purposes of the trial and for the purposes of\nall proceedings in connection therewith as having been presented\nin the amended form.\n","sortOrder":383},{"sectionNumber":"313","sectionType":"section","heading":"Particulars","content":"313 Particulars\nThe court may in any case direct particulars to be delivered to the\naccused person of any matter alleged in the indictment and unless\nthey are delivered he is entitled to be discharged.\n","sortOrder":384},{"sectionNumber":"314","sectionType":"section","heading":"Application to complaints if charge heard and determined","content":"314 Application to complaints if charge heard and determined\nsummarily\nThe provisions of this Division relating to indictments apply to\ncomplaints preferred against offenders, the charges against whom\nare heard and determined summarily.\n","sortOrder":385},{"sectionNumber":"315","sectionType":"section","heading":"Offences involving circumstances of aggravation","content":"315 Offences involving circumstances of aggravation\n(1) Upon an indictment charging a person with an offence committed\nwith circumstances of aggravation he may be found guilty\nalternatively of the offence charged without any of such\ncircumstances of aggravation or of the offence charged with any\nother circumstances of lesser aggravation contained in the section\ndefining that offence.\n(2) Upon an indictment charging a person with an offence of such a\nnature that he may be found guilty alternatively of some other\noffence, he may be found guilty of that other offence with or without\nany circumstance of aggravation prescribed for that offence.\n\nCriminal Code Act 1983 280\n","sortOrder":386},{"sectionNumber":"316","sectionType":"section","heading":"Indictment containing count of murder or manslaughter","content":"316 Indictment containing count of murder or manslaughter\n(1) On an indictment charging a person with murder, the person may\nalternatively be found guilty of manslaughter or an offence against\nsection 161A, but not of any other offence unless as otherwise\nexpressly provided.\n(2) On an indictment charging a person with manslaughter, the person\nmay alternatively be found guilty of an offence against\nsection 161A, 174F(1) or 174FC(1).\n","sortOrder":387},{"sectionNumber":"317","sectionType":"section","heading":"Charge of homicide of child","content":"317 Charge of homicide of child\nUpon an indictment charging a person with murder or\nmanslaughter, if it appears that the person alleged to have been\nkilled was a child of which a woman had recently been delivered,\nthe accused person may be found guilty alternatively of the offence\nof preventing the child from being born alive by an act or omission\nof such a nature that, if the child had been born alive and had then\ndied, he would be deemed to have unlawfully killed the child, or of\nthe offence of disposing of the dead body of a child with the\nintention of concealing the child's birth.\n","sortOrder":388},{"sectionNumber":"318","sectionType":"section","heading":"Charge of offence against the person where section 31 or","content":"318 Charge of offence against the person where section 31 or\nintoxication is a defence\nUpon an indictment charging a person with an offence against the\nperson other than murder or manslaughter, if he is found not guilty\nof the offence charged or any other offence of which he might\notherwise be found guilty upon that indictment by reason of the\nprovisions of section 31 or intoxication, other than intoxication of\nsuch a nature that the provisions of section 43C apply, he may be\nfound guilty alternatively of an offence against Part VI, Division 3A,\nSubdivision 2.\n","sortOrder":389},{"sectionNumber":"320","sectionType":"section","heading":"Charge of causing event, &c.","content":"320 Charge of causing event, &c.\n(1) Upon an indictment charging a person with an offence of which\ncausing an event is an element he may be found guilty alternatively\nof any offence of which causing an event of a similar, but less\ninjurious, nature is an element.\n(2) Upon an indictment charging a person with an offence of which an\nintent to cause an event is an element he may be found guilty\nalternatively of any offence of which the unlawful causing of that\nevent is an element.\n\nCriminal Code Act 1983 281\n","sortOrder":390},{"sectionNumber":"321","sectionType":"section","heading":"Charge of property offence","content":"321 Charge of property offence\nUpon an indictment charging a person with a property offence he\nmay be found guilty of having committed that offence or any other\noffence available upon that indictment with respect to some, but not\nall, of the property described in the indictment.\n","sortOrder":391},{"sectionNumber":"322","sectionType":"section","heading":"Charge of theft and criminal deception","content":"322 Charge of theft and criminal deception\n(1) A person charged on indictment with the offence of theft in relation\nto property may alternatively be found guilty of obtaining the\nproperty by deception.\n(2) A person charged on indictment with the offence of obtaining\nproperty by deception may alternatively be found guilty of theft of\nthe property.\n","sortOrder":392},{"sectionNumber":"323","sectionType":"section","heading":"Charge of theft or receiving","content":"323 Charge of theft or receiving\n(1) Subsection (2) applies in relation to a person who is charged on\nindictment with any of the following offences:\n(a) theft of property;\n(b) receiving property;\n(c) theft of property or, alternatively, receiving the same property.\n(2) The person may be found guilty of:\n(a) theft of the property; or\n(b) receiving the property; or\n","sortOrder":393},{"sectionNumber":"324","sectionType":"section","heading":"Charge of counselling or procuring commission of an offence","content":"324 Charge of counselling or procuring commission of an offence\nUpon an indictment charging a person with counselling or procuring\nthe commission of an offence he may be found guilty alternatively\nof counselling or procuring the commission of any other offence of\nsuch a nature that a person may be found guilty of it upon an\nindictment charging him with committing the offence of which the\naccused person is alleged to have counselled or procured the\ncommission.\n","sortOrder":394},{"sectionNumber":"325","sectionType":"section","heading":"Finding of guilt for attempt to commit offence, &c.","content":"325 Finding of guilt for attempt to commit offence, &c.\n(1) Upon an indictment charging a person with committing an offence\nhe may be found guilty alternatively of attempting to commit that\noffence, or of attempting to commit any other offence of which he\nmight be found guilty upon the indictment.\n\nCriminal Code Act 1983 282\n(2) Upon an indictment charging a person with procuring the\ncommission of an offence he may be found guilty alternatively of\nattempting to procure the commission of that offence, or of\nattempting to procure the commission of any other offence of such\na nature that a person may be found guilty of it upon an indictment\ncharging him with committing the offence of which the accused\nperson is alleged to have procured the commission.\n(3) Upon an indictment charging a person with attempting to commit an\noffence he may be found guilty alternatively of attempting to commit\nany other offence of such a nature that a person may be found\nguilty of it upon an indictment charging him with committing the\noffence that the accused person is alleged to have attempted to\ncommit.\n(4) Upon an indictment charging a person with attempting to procure\nthe commission of an offence he may be found guilty alternatively\nof attempting to procure the commission of any other offence of\nsuch a nature that a person may be found guilty of it upon an\nindictment charging him with committing the offence of which the\naccused person is alleged to have attempted to procure the\ncommission.\n(5) Upon an indictment charging a person with attempting to procure\nanother to do an act, make an omission or cause an event of such\na nature that if the act had been done, the omission had been made\nor the event had been caused an offence would thereby have been\ncommitted he may be found guilty alternatively of attempting to\nprocure that other person to do any other act, make any other\nomission or cause any other event of such a nature that if the act\nhad been done, the omission had been made or the event had\nbeen caused an offence would thereby have been committed, such\nlast-mentioned offence being itself of such a nature that a person\nmay be found guilty of it upon an indictment charging him with\ndoing the act, making the omission or causing the event that the\naccused person is alleged in the indictment to have attempted to\nprocure that other person to do, make or cause.\n","sortOrder":395},{"sectionNumber":"326","sectionType":"section","heading":"When evidence shows offence of similar nature","content":"326 When evidence shows offence of similar nature\n(1) Upon an indictment charging a person with an offence if the\nevidence establishes that he is guilty of another offence of such a\nnature that upon an indictment charging him with it he might have\nbeen found guilty of the offence with which he is actually charged,\nhe may be found guilty of the offence with which he is so charged.\n(2) A person so tried is not liable to be afterwards prosecuted for the\noffence so established by the evidence unless the presiding Judge\nthinks fit to discharge the jury from giving any verdict and to direct\n\nCriminal Code Act 1983 283\nthe accused person to be indicted for that offence; in which case he\nmay be dealt with in all respects as if he had not been put upon his\ntrial for the offence with which he is actually charged.\n","sortOrder":396},{"sectionNumber":"327","sectionType":"section","heading":"Charge of corrupt practices at elections","content":"327 Charge of corrupt practices at elections\nUpon an indictment charging a person with an offence relating to\nelections he may be found guilty alternatively of an offence relating\nto elections a charge of which may be heard and determined\nsummarily.\n","sortOrder":397},{"sectionNumber":"328","sectionType":"section","heading":"Charge of theft of animal","content":"328 Charge of theft of animal\nA person charged on indictment with the offence of theft in relation\nto property that is an animal may alternatively be found guilty of an\noffence under regulation 23 of the Livestock Regulations 2009.\n","sortOrder":398},{"sectionNumber":"329","sectionType":"section","heading":"Charge of joint receiving","content":"329 Charge of joint receiving\nUpon an indictment charging 2 or more persons jointly with an\nindictable offence of which the receiving of any property is\nan element if the evidence establishes that one or more of them\nseparately received any part or parts of the property under such\ncircumstances as to constitute an indictable offence, such one or\nmore of the accused persons may be found guilty of the offence or\noffences so established by the evidence.\n","sortOrder":399},{"sectionNumber":"330","sectionType":"section","heading":"Court to determine availability of alternative charge","content":"330 Court to determine availability of alternative charge\nIt is the duty of the court to determine at the conclusion of the\nevidence whether or not, upon the evidence, any other charge is in\nfact available for the consideration of the jury.\nDivision 4 Alibi, expert evidence, trial adjournment, pleas and\npractice\n","sortOrder":400},{"sectionNumber":"331","sectionType":"section","heading":"Notice of alibi","content":"331 Notice of alibi\n(1) An accused person shall not upon his trial on indictment, without\nthe leave of the court, adduce evidence of an alibi unless, before\nthe expiration of the prescribed period, he gives to the Director of\nPublic Prosecutions written notice of particulars of the alibi and\nunless the notice contains the name and address of any person\nwhom he claims can support the alibi or, if such name or address is\nnot known to him at the time he gave the notice:\n(a) he gives in the notice all information in his possession that\nmay be of material assistance in locating that person; and\n\nCriminal Code Act 1983 284\n(b) the court is satisfied that before giving that notice he had\nmade all reasonable attempts to obtain that name and\naddress and that thereafter he continued to make all\nreasonable attempts to obtain and to inform the Director of\nPublic Prosecutions of that name and address.\n(2) A notice under this section shall be duly given if it is delivered to or\nleft at the office of the Director of Public Prosecutions or sent by\ncertified mail addressed to him at his office.\n(3) The court shall not refuse leave under this section if it appears to\nthe court that the accused person was not, upon his committal for\ntrial, informed by that court of the requirements of this section.\n(4) Evidence tending to disprove an alibi may, subject to a direction by\nthe court, be given before or after evidence is given in support of\nthe alibi.\n(5) A notice purporting to be given under this section on behalf of the\naccused person by his solicitor shall, until the contrary is proved, be\ndeemed to be given with the authority of the accused person.\nevidence of an alibi means evidence tending to show that by\nreason of the presence of the accused person at a particular place\nor in a particular area at a particular time he was not, or was\nunlikely to have been, at the place where the offence is alleged to\nhave been committed at the time of its alleged commission.\nthe prescribed period means the period of 14 days after the date\nof the committal for trial of the accused person.\n","sortOrder":401},{"sectionNumber":"331A","sectionType":"section","heading":"Notice of expert evidence","content":"331A Notice of expert evidence\n(1) This section applies if a person (the accused) is to be tried in a\ncourt on indictment.\n(2) If the accused intends to adduce any expert evidence during the\ntrial, the accused must give written notice in accordance with this\nsection to the court and prosecution:\n(a) at least 14 days before the start of the trial; or\n(b) within another time allowed by the court.\n\nCriminal Code Act 1983 285\n(3) The notice:\n(a) must specify:\n(i) the name, address and qualifications of the witness who\nis to give the expert evidence; and\n(ii) the substance of the expert evidence; and\n(b) must be accompanied by a copy of any existing document\ncontaining opinions or findings (or both) made by the witness\nthat the accused intends to rely on as all or part of the expert\nevidence.\n(4) If a document mentioned in subsection (3)(b) comes into existence\nafter the notice was given but before the start of the trial, the\naccused must give a copy of it to the court and prosecution before\nthe start of the trial.\n(5) For subsections (2) and (4), the notice to the prosecution must be\nserved on the Director of Public Prosecutions (the Director) by:\n(a) giving it to the Director or someone authorised by the Director\nto receive the notice; or\n(b) sending it by certified mail addressed to the Director at the\naddress of the office of the Director.\n(6) Subsections (2) to (5) have effect except as allowed by the court.\n(7) If the accused contravenes any provision of this section:\n(a) the court may, on application by the prosecution:\n(i) if the jury has been empanelled – discharge the jury and\nadjourn the trial; or\n(ii) otherwise – adjourn the trial; and\n(b) the court or prosecution may make comment to the jury in\nrelation to the contravention (but must not suggest that,\nbecause of the contravention, the accused is guilty of the\noffence to which the trial relates).\n\nCriminal Code Act 1983 286\n","sortOrder":402},{"sectionNumber":"331B","sectionType":"section","heading":"Examination if expert psychiatric or medical evidence to be","content":"331B Examination if expert psychiatric or medical evidence to be\nadduced\n(1) This section applies:\n(a) if a person (the accused):\n(i) is to be tried for an offence in a court on indictment; and\n(ii) intends to adduce expert psychiatric or medical evidence\nrelating to the state of mind, or a medical condition, of\nthe accused at the time the alleged offence was\ncommitted; and\n(b) whether or not notice of the accused's intention has been\ngiven under section 331A.\n(2) The court may, on application by the prosecution, require the\naccused to be examined by a psychiatrist, or other appropriate\nexpert, (the independent expert) nominated by the prosecution\nand approved by the court.\n(3) The prosecution must pay the costs of the examination.\n(4) The court may, on application, allow the independent expert to be\ncalled to give evidence in chief for the prosecution or defence in\nrelation to the results of the examination.\n(5) If the accused refuses to be examined, at the trial:\n(a) the prosecution may cross–examine the accused and any\nexpert witness called by the accused, as to the possible\nreasons for the accused's refusal to be examined; and\n(b) the court or prosecution may make comment to the jury in\nrelation to the refusal (but must not suggest that, because of\nthe refusal, the accused is guilty of the offence to which the\ntrial relates).\n(6) This section does not affect the operation of Part IIA.\n","sortOrder":403},{"sectionNumber":"332","sectionType":"section","heading":"Right to be tried","content":"332 Right to be tried\n(1) A person committed for trial may, orally or in writing, at any time\nduring the sittings of the court to which he has been committed or\nany subsequent sittings, make application to the court for an\nindictment to be presented against him in order that he may be\nbrought to his trial.\n\nCriminal Code Act 1983 287\n(2) An application pursuant to this section shall be dealt with in open\ncourt and where the application is in writing may be dealt with in the\nabsence of the applicant.\n(3) The court may, upon an application pursuant to this section, order\n(a) the application be adjourned for such period as it thinks fit;\n(b) an indictment be presented within such period as it thinks fit;\nor\n(c) the applicant be discharged.\n","sortOrder":404},{"sectionNumber":"333","sectionType":"section","heading":"Accelerating trial of persons not under committal","content":"333 Accelerating trial of persons not under committal\n(1) A person who has not been committed for trial and who is not in\ncustody or admitted to bail, but against whom an indictment has\nbeen presented, may apply at any time to the court in which the\nindictment was presented to be brought to his trial.\n(2) Upon such an application the court may order that:\n(a) the application be adjourned for such period as it thinks fit;\n(b) the trial be held during such sittings of the court as it thinks fit;\nor\n(c) the applicant be discharged.\n","sortOrder":405},{"sectionNumber":"334","sectionType":"section","heading":"Adjournment of trial","content":"334 Adjournment of trial\n(1) The court to which a person has been committed or remanded for\ntrial on indictment or before which an indictment is presented may,\nif it thinks fit, adjourn the trial and may remand the accused person\naccordingly.\n(2) A trial may be adjourned whether or not:\n(a) the accused person is present; or\n(b) the accused person has been called upon to plead to the\nindictment; or\n(c) a jury has been empanelled; or\n(d) evidence has been given.\n\nCriminal Code Act 1983 288\n(3) The Crown shall, where it is proposed to make application for an\nadjournment in the absence of an accused person who is detained\nin a place of legal detention, notify in writing that accused person:\n(a) that the application is to be made and the nature, date, time\nand place thereof; and\n(b) that he may furnish to the court a statement in writing in\nrelation to the application; and\n(c) that he may be represented by his counsel on the hearing of\nthe application.\n(4) In this section adjourn the trial includes postpone the trial in a\ncase where the accused person has not been called upon to plead\nto the indictment.\n","sortOrder":406},{"sectionNumber":"335","sectionType":"section","heading":"Enlargement of notices to witnesses","content":"335 Enlargement of notices to witnesses\n(1) Where the trial of a person charged or to be charged with an\noffence on indictment is adjourned, the court may enlarge the\nnotice given to any witnesses.\n(2) Where upon the adjournment of a trial a notice to a witness is\nenlarged, the witness is bound to attend to give evidence at the\ntime and place to which the trial is adjourned, without being given a\nfresh notice, in the same manner as if he had been bound originally\nby the notice to give evidence at the time and place to which\nthe trial is adjourned.\n","sortOrder":407},{"sectionNumber":"336","sectionType":"section","heading":"Accused person to be called upon to plead to indictment","content":"336 Accused person to be called upon to plead to indictment\n(1) An accused person is to be informed in open court of the offence\nwith which he is charged as set forth in the indictment and may be\ncalled upon to plead to the indictment and to say whether he is\nguilty or not guilty of the charge.\n(2) The trial is deemed to begin and the accused person is deemed to\nbe brought to trial when he is so called upon.\n(3) Nothing in this section prevents different Judges taking the plea of\nan accused person and presiding at the trial of the issues by the\njury.\n","sortOrder":408},{"sectionNumber":"337","sectionType":"section","heading":"Presence in court and plea where accused is a corporation","content":"337 Presence in court and plea where accused is a corporation\n(1) Where an indictment is presented against a corporation, the\ncorporation may be present in court by its representative and it\nmay, on arraignment, enter a plea in writing by its representative.\n\nCriminal Code Act 1983 289\n(2) Any plea so entered by the representative shall for all purposes be\ntaken to be a plea entered by the corporation.\n(3) If the corporation is not present in court by its representative or if,\nthough it is so present, it does not enter a plea in writing by its\nrepresentative, the court shall order a plea of not guilty to be\nentered on behalf of the corporation.\n(4) A plea so entered has the same effect as if it had been actually\npleaded and the trial of the corporation may proceed accordingly.\n(5) In respect of a trial, any requirement by law that anything shall be\ndone in the presence of the accused person or shall be read or said\nto or asked of the accused person shall, in the case of a corporation\npresent in court by its representative, be construed as a\nrequirement that that thing shall be done in the presence of the\nrepresentative or read or said to or asked of the representative.\n(6) If the corporation is not present in court by its representative it shall\nnot be necessary for the thing to be done or read or said or asked.\n(7) Without limiting subsection (1) or section 360 where, in respect of a\ntrial, anything is required to be done or said by the accused person\npersonally, it may, in the case of a corporation present in court by\nits representative, be done or said by the representative and\nanything so done or said shall for all purposes be taken to be done\nor said by the corporation.\n(8) In this section representative means a person appointed by the\ncorporation to represent it for the purposes of this section; but the\nperson so appointed is not, by virtue only of being so appointed,\nqualified to act on behalf of the corporation before the court for any\nother purpose.\n(9) A representative need not be appointed under the seal of the\ncorporation and a statement in writing purporting to be signed by a\nmanaging director of the corporation or by any other person, by\nwhatever name called, having, or being one of the persons having,\nthe management of the affairs of the corporation to the effect that\nthe person named in the statement has been appointed as the\nrepresentative of the corporation for the purposes of this section\nshall be admissible without further proof as prima facie evidence\nthat that person has been so appointed.\n","sortOrder":409},{"sectionNumber":"338","sectionType":"section","heading":"Delivery of copy of indictment","content":"338 Delivery of copy of indictment\nWhen an indictment is presented against any person the court is\nrequired, upon his application, to order a copy of the indictment to\nbe delivered to him without fee.\n\nCriminal Code Act 1983 290\n","sortOrder":410},{"sectionNumber":"339","sectionType":"section","heading":"Motion to quash indictment","content":"339 Motion to quash indictment\n(1) The accused person may before pleading apply to the court:\n(a) to quash the indictment on the ground that it is calculated to\nprejudice or embarrass him in his defence to the charge or\nthat it is formally defective; or\n(b) to stay the proceedings on the ground that they are vexatious\nor harassing.\n(2) Upon such motion the court may quash the indictment, order it to\nbe amended in such manner as the court thinks just, stay the\nproceedings or refuse the motion.\n","sortOrder":411},{"sectionNumber":"340","sectionType":"section","heading":"Misnomer","content":"340 Misnomer\nIf the accused person says that he is wrongly named in the\nindictment the court may, on being satisfied by affidavit or otherwise\nof the error, order the indictment to be amended.\n","sortOrder":412},{"sectionNumber":"341","sectionType":"section","heading":"Separate trials where 2 or more charges against the same","content":"341 Separate trials where 2 or more charges against the same\nperson\n(1) Where before a trial or at any time during a trial the court is of\nopinion that the accused person may be prejudiced or embarrassed\nin his defence by reason of his being charged with more than one\noffence in the same indictment or that for any other reason it is\ndesirable to direct that the person should be tried separately for any\noffence or offences charged in an indictment the court may order a\nseparate trial of any count or counts in the indictment.\n(1A) Subsection (1) applies in relation to a trial subject to sections 341A\nand 341B.\n(2) The court may discharge a jury from giving a verdict on the count or\ncounts directed to be tried separately.\n(3) The procedure on the separate trial of a count shall be the same in\nall respects as if the count had been set out in a separate\n(4) The court may adjourn a separate trial, remand the accused person\nand make such orders as to bail and as to the enlargement of\nnotices to witnesses and otherwise as the court thinks fit.\n(5) In this section adjourn includes postpone in a case where the\naccused person has not been called upon to plead to the\n\nCriminal Code Act 1983 291\n","sortOrder":413},{"sectionNumber":"341A","sectionType":"section","heading":"Presumption of joint trial of sexual offences","content":"341A Presumption of joint trial of sexual offences\n(1) Despite any rule of law to the contrary, if an accused person is\ncharged with more than one sexual offence in the same indictment,\nit is presumed that the charges are to be tried together.\n(2) The presumption is not rebutted merely because:\n(a) evidence on one charge is not admissible on another charge;\nor\n(b) there is a possibility that evidence may be the result of\ncollusion or suggestion.\nsexual offence, see section 3 of the Sexual Offences (Evidence\nand Procedure) Act 1983.\n","sortOrder":414},{"sectionNumber":"341B","sectionType":"section","heading":"Presumption of joint trial of domestic violence offences","content":"341B Presumption of joint trial of domestic violence offences\n(1) Despite any rule of law to the contrary, if an accused person is\ncharged with more than one domestic violence offence in the same\nindictment, it is presumed that the charges are to be tried together.\n(2) The presumption is not rebutted merely because:\n(a) evidence on one charge is not admissible on another charge;\nor\n(b) there is a possibility that evidence may be the result of\ncollusion or suggestion.\ndomestic violence offence means:\n(a) an offence that is a DVO contravention offence, as defined in\nsection 4 of the Domestic and Family Violence Act 2007; or\n(b) an offence constituted by, or involving, conduct that is\ndomestic violence, as defined in section 5 of the Domestic and\nFamily Violence Act 2007.\n","sortOrder":415},{"sectionNumber":"342","sectionType":"section","heading":"Pleas","content":"342 Pleas\n(1) If the accused person does not apply to quash the indictment or\nmove for a separate trial, he must either plead to it, or demur to it\non the ground that it does not disclose any offence cognizable by\nthe court.\n\nCriminal Code Act 1983 292\n(2) If he pleads he may plead:\n(a) that he is guilty of the offence charged in the indictment or,\nwith the consent of the Crown, of any other offence of which\nhe might be found guilty upon the indictment;\n(b) that he is not guilty;\n(c) that he has already been found guilty or acquitted of:\n(i) the same offence;\n(ii) a similar offence;\n(iii) an offence of which he might be found guilty upon the\ntrial of the offence charged; or\n(iv) an offence upon the trial of which he could have been\nfound guilty of the offence charged;\n(d) that he has received the royal pardon for the offence charged;\nor\n(e) that the court has no jurisdiction to try him for the offence\ncharged.\n(3) Two or more pleas may be pleaded together except that the plea of\nguilty cannot be pleaded with any other plea to the same charge.\n(4) An accused person may plead and demur together.\n","sortOrder":416},{"sectionNumber":"343","sectionType":"section","heading":"Defence of truth of defamatory matter to be specially pleaded","content":"343 Defence of truth of defamatory matter to be specially pleaded\nA person charged with the unlawful publication of defamatory\nmatter who sets up that the defamatory matter is true must plead\nthat matter specially and may plead it with any other plea except\nthe plea of guilty.\n","sortOrder":417},{"sectionNumber":"344","sectionType":"section","heading":"Persons committed for sentence","content":"344 Persons committed for sentence\n(1) When a person has been committed for sentence for an indictable\noffence he is to be called upon to plead to the indictment in the\nsame manner as other persons and may plead either that he is\nguilty of the offence charged in the indictment or, with the consent\nof the Crown, of any other offence of which he might be found guilty\nupon the indictment.\n(2) If he pleads that he is not guilty the court, upon being satisfied that\nhe duly admitted before the Local Court that he was guilty of the\noffence charged in the indictment, may direct a plea of guilty to be\n\nCriminal Code Act 1983 293\nentered notwithstanding his plea of not guilty and a plea so entered\nhas the same effect as if it had been actually pleaded.\n(3) If, and notwithstanding that the accused person pleads that he is\nguilty, it appears to the court upon examination of the depositions of\nthe witnesses and any other information given to it that a plea of not\nguilty ought to be entered, the plea of not guilty is to be entered.\n(4) A person who has been committed for sentence may plead any of\nthe other pleas mentioned in section 342.\n","sortOrder":418},{"sectionNumber":"345","sectionType":"section","heading":"Standing mute","content":"345 Standing mute\nIf an accused person who has been committed for trial or\nproceeded against by way of section 300, on being called upon to\nplead to an indictment, will not plead or answer directly to the\nindictment the court may, if it thinks fit, order a plea of not guilty to\nbe entered and a plea so entered has the same effect as if it had\nbeen actually pleaded.\n","sortOrder":419},{"sectionNumber":"346","sectionType":"section","heading":"Plea of autrefois convict, &c.","content":"346 Plea of autrefois convict, &c.\nIn a plea that the accused person has already been found guilty or\nacquitted it is sufficient to state that he has been lawfully found\nguilty or acquitted of the offence charged in the indictment or of the\noffence of which he alleges that he has been found guilty or\nacquitted and, in the latter case, to describe the offence by any\nterm by which it is commonly known.\n","sortOrder":420},{"sectionNumber":"347","sectionType":"section","heading":"Trial on plea of autrefois convict, &c., royal pardon or to the","content":"347 Trial on plea of autrefois convict, &c., royal pardon or to the\njurisdiction\nUpon a plea that the accused person has already been found guilty\nor acquitted or has received the royal pardon or to the jurisdiction of\nthe court, the court is to proceed to determine the matter itself in\nsuch manner and upon such information as it thinks fit.\n","sortOrder":421},{"sectionNumber":"348","sectionType":"section","heading":"Trial by jury","content":"348 Trial by jury\nSubject to section 348A, if the accused person pleads that he is not\nguilty he is by such plea, without any further form, deemed to have\ndemanded that the issues raised by such plea shall be tried by a\njury and is entitled to have them tried accordingly.\n","sortOrder":422},{"sectionNumber":"348A","sectionType":"section","heading":"Procedure where accused pleads not guilty and crown","content":"348A Procedure where accused pleads not guilty and crown\nadduces no evidence\n(1) If:\n(a) an accused person pleads not guilty of an offence; and\n\nCriminal Code Act 1983 294\n(b) the Crown does not intend to adduce any evidence in respect\nof the offence,\nthe Crown must, before a jury is empanelled, inform the court of its\nintention.\n(2) On being informed by the Crown under subsection (1), the court\nmust make a finding that the accused is not guilty of the offence.\n(3) A finding of not guilty under subsection (2) has effect as if it were a\nnot guilty verdict of a jury on the offence.\n","sortOrder":423},{"sectionNumber":"349","sectionType":"section","heading":"Demurrer","content":"349 Demurrer\n(1) When an accused person demurs only and does not plead any plea\nthe court is to proceed to hear and determine the matter forthwith.\n(2) If the demurrer is overruled he is to be called upon to plead to the\n(3) When an accused person pleads and demurs together it is in the\ndiscretion of the court whether the plea or demurrer shall be first\ndisposed of.\n(4) No joinder in demurrer is necessary.\n","sortOrder":424},{"sectionNumber":"350","sectionType":"section","heading":"Separate trials","content":"350 Separate trials\nWhen 2 or more persons are charged in the same indictment,\nwhether with the same offence or with different offences, the court\nmay, at any time during the trial, on the application of any of the\naccused persons, direct that the trial of the accused persons or any\nof them shall be had separately from the trial of the other or others\nof them and for that purpose may, if a jury has been empanelled,\ndischarge the jury from giving a verdict as to any of the accused\npersons.\n","sortOrder":425},{"sectionNumber":"351","sectionType":"section","heading":"Juries","content":"351 Juries\nThe law respecting the qualifications of jurors and the summoning\nof jurors to attend for the trial of persons charged with offences and\nthe challenges allowed to such persons is set forth in the laws\nrelating to juries and jurors.\n\nCriminal Code Act 1983 295\n","sortOrder":426},{"sectionNumber":"351A","sectionType":"section","heading":"Details of jury panel to be given to accused","content":"351A Details of jury panel to be given to accused\n(1) Subject to subsection (3), a person who is to be tried on indictment\n(the accused) must be given a list of the persons on the jury panel\nfor the trial containing:\n(a) the full name of each person; and\n(b) if requested by the accused – a description of each person.\n(2) The list must be given to the accused at least 2 days before the\naccused is called on to plead to the indictment.\n(3) The court may, if it considers it appropriate, refuse to give the list to\nthe accused.\n","sortOrder":427},{"sectionNumber":"352","sectionType":"section","heading":"Accused person to be informed of his right of challenge","content":"352 Accused person to be informed of his right of challenge\nWhen an accused person has demanded to be tried by a jury the\nproper officer of the court is to inform him in open court that the\npersons whose names are to be called are the jurors to be\nempanelled for his trial and is further to inform him that if he desires\nto challenge any of them he must do so before they take the oath\nas jurors.\n","sortOrder":428},{"sectionNumber":"353","sectionType":"section","heading":"Challenge to array","content":"353 Challenge to array\nIf the accused person desires to object to the whole panel of jurors\nhe must do so before any juror takes the oath as a juror for his trial.\n","sortOrder":429},{"sectionNumber":"354","sectionType":"section","heading":"Challenges to individual jurors for cause","content":"354 Challenges to individual jurors for cause\n(1) The Crown or the accused person may object to a particular juror\non the ground:\n(a) that the juror is not qualified by law to act as a juror; or\n(b) that the juror is not indifferent as between the Crown and the\naccused person.\n(2) Such objections are in addition to any peremptory challenges that\nare allowed.\n","sortOrder":430},{"sectionNumber":"355","sectionType":"section","heading":"Time for challenging","content":"355 Time for challenging\nAn objection to a juror, either by way of peremptory challenge or by\nway of challenge for cause, may be made at any time before the\nofficer has begun to recite the words of the oath to the juror, but not\nafterwards.\n\nCriminal Code Act 1983 296\n","sortOrder":431},{"sectionNumber":"356","sectionType":"section","heading":"Ascertainment of facts as to challenge","content":"356 Ascertainment of facts as to challenge\n(1) If at any time it becomes necessary to ascertain the truth of any\nmatter alleged as cause for challenge the fact shall be tried by the\njurors who have already taken the oath as jurors if more than one\nor, if one juror only has taken the oath as a juror, by such juror\ntogether with some indifferent person chosen by the court from the\npanel of jurors or, if no juror has taken the oath as a juror, by\n2 indifferent persons chosen by the court from such panel.\n(2) The persons so appointed are to take an oath to try the cause for\nchallenge and their decision on the fact is final and conclusive.\n(3) If the persons so appointed cannot agree the court may discharge\nthem from giving a decision and may appoint 2 other persons to try\nthe fact to be chosen as in the case where no juror has taken the\noath as a juror.\n","sortOrder":432},{"sectionNumber":"358","sectionType":"section","heading":"Jurors to take oath and be informed of charge","content":"358 Jurors to take oath and be informed of charge\n(1) Each juror must take an oath to give a true verdict according to the\nevidence upon the issues to be tried by them.\n(2) When all jurors have taken the oath the proper officer of the court is\nto inform them of the charge set forth in the indictment and of their\nduty as jurors upon the trial.\n","sortOrder":433},{"sectionNumber":"359","sectionType":"section","heading":"Discharge of juror by court","content":"359 Discharge of juror by court\nIf, after a juror has taken the oath as a juror, it appears to the court\nfrom his own statement that he is not indifferent as between the\nCrown and the accused person, or that for any other reason he\nought not to be allowed or required to act as a juror on the trial, the\ncourt may, without discharging the whole of the jury, discharge that\nparticular juror and direct another juror to take the oath in his place.\n","sortOrder":434},{"sectionNumber":"360","sectionType":"section","heading":"Defence by accused person","content":"360 Defence by accused person\n(1) Every accused person is entitled to give evidence, to call evidence\nand to be represented by counsel, but he is not entitled to make a\nstatement from the dock.\n(2) In subsection (1) counsel includes any person entitled to audience\nas an advocate.\n","sortOrder":435},{"sectionNumber":"361","sectionType":"section","heading":"Presence of accused","content":"361 Presence of accused\n(1) The court may, if it thinks fit, permit an accused person to be absent\nduring the whole or any part of the trial on such conditions as it\nthinks fit.\n\nCriminal Code Act 1983 297\n(2) If an accused person so conducts himself as to render the\ncontinuance of the proceedings in his presence impracticable the\ncourt may order him to be removed and may direct the trial to\n(3) If an accused person injures himself in order to prevent the trial\ncommencing or continuing the court may direct a plea of not guilty\nto be entered if no plea has been entered and that the trial shall\n(4) If the accused person absents himself during the trial without leave\nthe court may direct a warrant to be issued to arrest him and bring\nhim before the court forthwith and may also direct the trial to\n","sortOrder":436},{"sectionNumber":"362","sectionType":"section","heading":"Evidence in defence","content":"362 Evidence in defence\nAt the close of the evidence for the prosecution the proper officer of\nthe court shall ask the accused person if he intends to adduce\nevidence in his defence.\n","sortOrder":437},{"sectionNumber":"363","sectionType":"section","heading":"Speeches and their order","content":"363 Speeches and their order\n(1) The following rules govern the order in which the parties address\nthe jury:\n(a) counsel for the Crown must make an opening address,\noutlining the case for the prosecution, before calling evidence\nfor the prosecution;\n(b) if the accused person proposes to call witnesses to give\nevidence for the defence, the accused person may, at the\nclose of the case for the prosecution, make an opening\naddress, outlining the case for the defence, before giving or\ncalling evidence;\n(c) at the conclusion of the evidence, counsel for the Crown may\naddress the jury to sum up the case for the prosecution;\n(d) at the conclusion of that address, the accused person may\naddress the jury to sum up the case for the defence.\n(2) If, in the opinion of the presiding Judge, the accused person (or\ncounsel for the accused person) made assertions in the course of\nsumming up the case for the defence that are unsupported by the\nevidence, the Judge may allow counsel for the Crown a further\nopportunity to address the jury to reply to those assertions.\n\nCriminal Code Act 1983 298\n(3) If there are 2 or more accused persons, the order in which they are\nto exercise the right to address the jury is to be:\n(a) as mutually agreed between them; or\n(b) in default of agreement – the reverse of the order in which\ntheir names appear on the indictment.\n(4) If an accused person is represented by counsel, the right to\naddress the jury is to be exercised on the accused person's behalf\nby counsel.\n(5) The presiding Judge may, if of the opinion that there should be a\ndeparture from these rules in the circumstances of a particular\ncase, allow a departure from these rules.\nExample\nIf a particular witness would not otherwise be available to the defence, the\npresiding Judge might authorise the defence to interpose the witness before the\nclose of the case for the prosecution.\n","sortOrder":438},{"sectionNumber":"364","sectionType":"section","heading":"Summing up","content":"364 Summing up\n(1) After the evidence is concluded and the counsel or the accused\nperson or persons, as the case may be, have addressed the jury it\nis the duty of the court to instruct the jury as to the law applicable to\nthe case with such observations upon the evidence as the court\nthinks fit to make.\n(2) After the court has instructed the jury they are to consider their\nverdict.\n","sortOrder":439},{"sectionNumber":"365","sectionType":"section","heading":"Jury not to separate","content":"365 Jury not to separate\n(1) Except as hereinafter stated after the jury has been empanelled\nand the charge has been stated to the jury by the proper officer, the\njurors must not separate until they have given their verdict or are\ndischarged by the court and no person except the officer of the\ncourt who has charge of them is to be allowed to speak to or\ncommunicate with any of them without the leave of the court until\nthey are discharged.\n(2) The court may, if the court considers it appropriate to do so, permit\nthe jury to separate for any specified period during an adjournment\nof the court.\n(2A) The court may give any direction for the conduct of the jury in\nrelation to the separation.\n\nCriminal Code Act 1983 299\n(3) If any person disobeys the directions of this section he may be\npunished summarily as for contempt of court.\n(4) The validity of the proceedings is not affected by any such\ndisobedience but, if the fact is discovered before the verdict is\ngiven, the court, if it is of opinion that such disobedience is likely to\nprejudice the fair trial of the charge, may discharge the jury and\nmay direct that a fresh jury be empanelled during the same sittings\nof the court or may adjourn the trial.\n","sortOrder":440},{"sectionNumber":"366","sectionType":"section","heading":"Confinement of jury","content":"366 Confinement of jury\n(1) Until the jury have given their verdict they must be kept during any\nadjournment of the court in some private place under the charge of\nan officer of the court and are to be provided with such\naccommodation, meals and refreshment as the court may allow.\n(2) Subsection (1) does not affect the operation of section 365(2)\nand (2A).\n367 View\n(1) The court may in any case, if it thinks fit, direct that the jury shall\nview any place or thing that the court thinks it is desirable that they\nshould see and may give any necessary directions for that purpose.\n(2) The validity of the proceedings is not affected by disobedience to\nany such directions, but if the fact is discovered before the verdict is\ngiven the court, if it is of opinion that such disobedience is likely to\nprejudice the fair trial of the charge, may discharge the jury and\nmay direct that a fresh jury be empanelled during the same sittings\nof the court or may adjourn the trial.\n","sortOrder":441},{"sectionNumber":"368","sectionType":"section","heading":"Majority verdict","content":"368 Majority verdict\nWhere upon a trial a period of not less than 6 hours has elapsed\nsince the jury retired and the jurors are not unanimously agreed\nupon their verdict the court shall:\n(a) if the jury consists of 11 or 12 jurors and 10 of those jurors are\nagreed upon a verdict to be given, take and enter that verdict\nas the verdict of the jury; or\n(b) if the jury consists of 10 jurors and 9 of those jurors are\nagreed upon a verdict to be given, take and enter that verdict\nas the verdict of the jury.\n\nCriminal Code Act 1983 300\n","sortOrder":442},{"sectionNumber":"369","sectionType":"section","heading":"Special verdict","content":"369 Special verdict\nIn any case in which it appears to the court that the question\nwhether an accused person ought or ought not to be found guilty of\nan offence may depend upon some specific fact or that the proper\npunishment to be imposed upon a finding of guilt may depend upon\nsome specific fact the court may require the jury to find that fact\nspecially.\n","sortOrder":443},{"sectionNumber":"370","sectionType":"section","heading":"General verdict on charge of defamation","content":"370 General verdict on charge of defamation\nNotwithstanding the provisions of section 369 the jury, on the trial of\na person charged with the unlawful publication of defamatory\nmatter, may give a general verdict of guilty or not guilty upon the\nwhole matter in issue in like manner as in other cases.\n","sortOrder":444},{"sectionNumber":"371","sectionType":"section","heading":"Discharge of jury","content":"371 Discharge of jury\n(1) When the trial of an accused person is adjourned after the jury has\nbeen empanelled the court may discharge the jury.\n(2) If the jury cannot agree as to the verdict to be given or reach a\nmajority verdict as provided by section 368, or if any emergency\narises of such a nature as to render it, in the opinion of the court,\nnecessary or highly expedient for the ends of justice to do so, the\ncourt may, in its discretion, discharge the jury without giving a\nverdict and may direct that a fresh jury be empanelled during the\nsame sittings of the court or may adjourn the trial.\n(3) Such an exercise of discretion is not subject to review by any court.\nNote\nThe jury may also be discharged under section 331A(7)(a)(i).\n","sortOrder":445},{"sectionNumber":"372","sectionType":"section","heading":"Incapacity of Judge","content":"372 Incapacity of Judge\n(1) This section applies if the presiding Judge becomes incapable of\ncontinuing with a trial.\n(2) The Chief Justice or acting Chief Justice may, after hearing\nsubmissions from the parties, decide:\n(a) to take over, or assign another Judge to take over, the\nconduct of the trial; or\n(b) to terminate the trial.\n(3) For the purpose of hearing submissions and making the decision,\nthe Chief Justice or acting Chief Justice may make the orders the\nChief Justice or acting Chief Justice considers appropriate.\n\nCriminal Code Act 1983 301\n(4) If a Judge (the new presiding Judge) takes over the conduct of\nthe trial:\n(a) rulings of the former presiding judge about the conduct of the\ntrial continue to have effect; and\n(b) the rulings may be re-examined only if the new presiding\njudge is satisfied the re-examination is justified because of\nfresh evidence or material brought before the court.\n(5) However, if the Chief Justice or acting Chief Justice decides to\nterminate the trial, the Chief Justice or acting Chief Justice must:\n(a) discharge the jury; and\n(b) remand the accused in custody, or release the accused on\nbail, to await a further trial.\n(6) If, because of the circumstances of the incapacity of the presiding\nJudge it is impracticable for the Chief Justice or acting Chief Justice\nto make a decision under subsection (2) in a reasonable time:\n(a) a proper officer of the court must discharge the jury; and\n(b) if in custody, the accused must remain in custody to await a\nfurther trial but has the same rights relating to bail as applied\non the original committal for trial.\n","sortOrder":446},{"sectionNumber":"373","sectionType":"section","heading":"Incapacity of juror","content":"373 Incapacity of juror\n(1) If at any time during the trial:\n(a) a juror dies; or\n(b) the court is of the opinion that:\n(i) the juror is not indifferent as between the Crown and the\naccused person; or\n(ii) by reason of any matter of urgency or importance a juror\nshould be discharged from further attendance,\nthe court may, in its discretion:\n(c) discharge the jury; or\n(d) discharge the juror and direct that the trial shall proceed with\nthe remaining jurors.\n\nCriminal Code Act 1983 302\n(2) In any such case the presence of the remaining jurors, not being\nfewer than 10, shall have the same effect as if all the jurors had\ncontinued present.\n","sortOrder":447},{"sectionNumber":"374","sectionType":"section","heading":"Verdict on Sunday","content":"374 Verdict on Sunday\nThe taking of a verdict or any other proceedings of the court are not\ninvalid by reason of their happening on a Sunday.\n","sortOrder":448},{"sectionNumber":"375","sectionType":"section","heading":"Further pleas","content":"375 Further pleas\nWhen the issues raised by any plea or pleas, except the plea of not\nguilty, have been found against an accused person who has not\npleaded the plea of not guilty, he is to be called upon to plead\nafresh.\n","sortOrder":449},{"sectionNumber":"376","sectionType":"section","heading":"Evidence on trials for perjury","content":"376 Evidence on trials for perjury\nOn the trial of a person charged with an indictable offence of which\nthe giving of false testimony by any person at the trial of a person\ncharged with an offence is an element, a certificate setting out the\nsubstance and effect only, without the formal parts of the charge,\nand the proceedings at the trial and purporting to be signed by the\nofficer having the custody of the records of the court where the\ncharge was tried, or by his deputy, is sufficient evidence of the trial\nwithout proof of the signature or official character of the person who\nappears to have signed the certificate.\n","sortOrder":450},{"sectionNumber":"378","sectionType":"section","heading":"Evidence of authority","content":"378 Evidence of authority\nThe averment in an indictment that the prosecution is instituted by\nthe direction of a Crown Law Officer or at the request of the\ngovernment of any state is sufficient evidence of the fact until the\ncontrary is shown.\n","sortOrder":451},{"sectionNumber":"379","sectionType":"section","heading":"Admissions","content":"379 Admissions\n(1) An accused person may by himself or his counsel admit on the trial\nany fact alleged against him and such admission is sufficient proof\nof the fact without other evidence.\n(2) The prosecution may admit on the trial any fact alleged by the\naccused person and such admission is sufficient proof of the fact\nwithout other evidence.\n(3) In this section trial also includes proceedings before the Local\nCourt to hear and determine the charge of an indictable offence\nsummarily dealing summarily with a crime.\n\nCriminal Code Act 1983 303\n","sortOrder":452},{"sectionNumber":"380","sectionType":"section","heading":"Failure to make admission may, in certain circumstances, be","content":"380 Failure to make admission may, in certain circumstances, be\ntaken into account when passing sentence\nIf a person found guilty at his trial refused to make an admission\nrequested in writing by the Crown of such a nature that, in the\nopinion of the court, the making of it could not have prejudiced him\nin his defence, the court may take such refusal into account when\npassing sentence.\n","sortOrder":453},{"sectionNumber":"381","sectionType":"section","heading":"Discharge of persons acquitted","content":"381 Discharge of persons acquitted\nIf the jury find that the accused person is not guilty, or give any\nother verdict that shows that he is not liable to punishment, he is\nentitled to be discharged from the charge of which he is so\nacquitted.\n","sortOrder":454},{"sectionNumber":"383","sectionType":"section","heading":"Acquittal on ground of intoxication","content":"383 Acquittal on ground of intoxication\n(1) If, on the trial of a person charged on indictment with a property\noffence, it is alleged or appears that he is not guilty by reason of\nintoxication, other than intoxication of such a nature that\nsection 43C applies, the jury are required to find specially, if they\nfind he is not guilty, whether he is not guilty by reason of\nintoxication and whether such intoxication was voluntary.\n(2) If the jury find he is not guilty by reason of intoxication and his\nintoxication was voluntary the court may order him to pay by way of\nreparation an amount not exceeding the costs of bringing the\ncharge including the costs of all reasonable investigations relating\nthereto and the costs of the committal proceedings and, in an\nappropriate case, may make an order for the payment of\ncompensation and restitution pursuant to the Sentencing Act 1995.\n(3) The court may itself assess such costs or order that they be taxed\nby the proper officer of the Supreme Court.\n(4) A person liable to make reparation may be ordered to make it in\ninstalments or at some future time specified by the court.\n(5) An amount ordered to be paid for reparation shall be deemed to be\na debt owed to the Attorney-General as agent of the Crown and,\nupon default being made in its payment, the Attorney-General may\nbring and maintain civil proceedings for its recovery.\n\nCriminal Code Act 1983 304\n","sortOrder":455},{"sectionNumber":"384","sectionType":"section","heading":"Finding of guilt of property offence with respect to some only","content":"384 Finding of guilt of property offence with respect to some only\nof property in indictment\nIf, on the trial of a person charged on indictment with a property\noffence, the jury find that he committed the offence charged in the\nindictment or an offence available upon it with respect to some, but\nnot all, of the property described in the indictment the jury shall\nreturn a verdict of guilty of the offence found by them to have been\ncommitted and, by way of special verdict, shall state with respect to\nwhat property the general verdict relates.\n","sortOrder":456},{"sectionNumber":"385","sectionType":"section","heading":"Finding of guilt of theft or receiving","content":"385 Finding of guilt of theft or receiving\nIf, on the trial of a person charged on indictment for theft of property\nor, alternatively, receiving that property, the trier of fact finds that\nthe person committed the offence of theft or receiving but cannot\ndecide which of the offences the person committed, the trier of fact\nmust enter a finding of guilt for the first offence charged in the\n","sortOrder":457},{"sectionNumber":"387","sectionType":"section","heading":"Arrest of judgment","content":"387 Arrest of judgment\n(1) A person found guilty of an offence, whether on his plea of guilty or\notherwise, may at any time before sentence move that judgment be\narrested on the ground that the indictment does not disclose any\n(2) Upon the hearing of the motion the court may allow any such\namendments of the indictment as it might have allowed before\nverdict.\n(3) The court may either hear and determine the motion forthwith or\nmay reserve the question of law for the consideration of the Court\nof Criminal Appeal as hereinafter provided.\nDivision 7 Hearing summarily-triable offence with indictable\noffence\n","sortOrder":458},{"sectionNumber":"388","sectionType":"section","heading":"Definition","content":"388 Definition\nsummarily-triable offence means:\n(a) a summary offence; or\n(b) an indictable offence a charge of which may be heard and\ndetermined summarily by the Local Court; or\n\nCriminal Code Act 1983 305\n(c) an offence mentioned in section 22(1) of the Misuse of Drugs\nAct 1990 if:\n(i) the prosecution has elected under section 23(2) of that\nAct for the charge of the offence to be heard and\ndetermined summarily; and\n(ii) the Local Court has not discontinued those summary\nproceedings under section 23(4) of that Act.\n","sortOrder":459},{"sectionNumber":"389","sectionType":"section","heading":"Supreme Court may hear and determine summarily-triable","content":"389 Supreme Court may hear and determine summarily-triable\noffence with indictable offence\n(1) When hearing and determining a charge against a person on\nindictment, the Supreme Court may also, if it considers appropriate,\nhear and determine summarily any charge of a summarily-triable\noffence that has been laid against the person.\n(2) However, the Supreme Court must not hear and determine the\ncharge of the summarily-triable offence unless the charge has been\ntransmitted to a Registrar of the Supreme Court under section 390.\n(3) Subject to this section, the practice and procedure of the Supreme\nCourt and the provisions of this Code relating to taking a plea on an\nindictment apply in relation to the taking of a plea to the charge of\nthe summarily-triable offence.\n(4) On finding the accused person guilty of the summarily-triable\noffence, the Supreme Court may make any orders in relation to the\nfinding that the Local Court could have made, but may not impose a\npenalty in excess of the penalty that the court of summary\njurisdiction could have imposed.\n(5) Within 30 days after the final determination of the charge of the\nsummarily-triable offence, a Registrar of the Supreme Court must\nnotify the result of the determination to a registrar of the Local Court\nand no further appearance is required in that court by any party to\nthe proceeding.\n","sortOrder":460},{"sectionNumber":"390","sectionType":"section","heading":"Transmission of charge of summarily-triable offence","content":"390 Transmission of charge of summarily-triable offence\n(1) This section applies if:\n(a) an indictment has been presented against a person; and\n(b) the person has been charged with a summarily-triable offence,\nwhether the charge was laid before or after the indictment was\npresented.\n\nCriminal Code Act 1983 306\n(2) If the person wishes to have the charge of the summarily-triable\noffence heard and determined by the Supreme Court under\nsection 389, the person may apply to a registrar of the Local Court\nto transmit the charge to a Registrar of the Supreme Court.\n(3) The application must be:\n(a) made as a written statutory declaration; and\n(b) contain the following:\n(i) details of the charge to be transmitted;\n(ii) a statement that the applicant wishes to have the charge\ntransmitted to the Supreme Court;\n(iii) a statement of the applicant's intention to plead guilty to\nthe charge.\n(4) The registrar of the Local Court must transmit the charge to a\nRegistrar of the Supreme Court if satisfied:\n(a) the application meets the requirements of this section; and\n(b) the Local Court has not started hearing sentencing\nsubmissions in relation to the charge.\n","sortOrder":461},{"sectionNumber":"391","sectionType":"section","heading":"Remission of charge to Local Court","content":"391 Remission of charge to Local Court\n(1) This section applies if a charge of a summarily-triable offence laid\nagainst a person has been transmitted to a Registrar of the\nSupreme Court under section 390.\n(2) The Supreme Court must direct that the charge be heard and\ndetermined by the Local Court and remit the charge to a registrar of\nthe Local Court if:\n(a) the person pleads not guilty to the charge before the Court; or\n(b) the Court decides for any other reason not to hear and\ndetermine the charge.\n\nCriminal Code Act 1983 307\n","sortOrder":462},{"sectionNumber":"406","sectionType":"section","heading":"Interpretation","content":"406 Interpretation\n(1) In this Division, unless the contrary intention appears:\nappellant means a person who has been found guilty and desires\nto appeal or to seek leave to appeal under this Division.\nCourt means the Court of Criminal Appeal.\ncourt of trial means the court from whose finding, sentence or\nother determination a person is entitled to appeal or to apply for\nleave to appeal.\nRegistrar means the Registrar of the Court.\nsentence includes any order made by the court of trial on a finding\nof guilt with reference to the person found guilty or his property.\n(2) For the purposes of this Division, if, under Part IIA, a person is\nfound not guilty of committing an offence because of his or her\nmental impairment and the defence of mental impairment was not\nraised by him or her, the finding is taken to be a finding of guilt at a\ntrial and is subject to the same rights of appeal, and to appeal in the\nsame manner, as if it were such a finding of guilt.\n(3) For the purposes of this Division, if a declaration is made under\nPart IIA that an accused person is liable to supervision or an order\nis made under that Part that an accused person be released\nunconditionally, the declaration or order is taken to be a sentence\nand is subject to the same rights of appeal, and to appeal in the\nsame manner, as if it were a sentence.\n(5) For the purposes of this Division a person against whom an order\nhas been made pursuant to section 383 shall be deemed to be a\nperson found guilty on indictment, the special verdict shall be\ndeemed to be the finding of guilt and the order shall be deemed to\nbe the sentence.\n(7) If the charge of the offence of which a person is found guilty was\nheard and determined summarily, for the purposes of an appeal the\nperson is taken to have been found guilty of a summary offence.\n\nCriminal Code Act 1983 308\n","sortOrder":463},{"sectionNumber":"407","sectionType":"section","heading":"Court of Criminal Appeal","content":"407 Court of Criminal Appeal\n(1) The Supreme Court shall be the Court of Criminal Appeal and the\nCourt shall be duly constituted if it consists of not less than\n3 Judges and of an uneven number of Judges.\n(2) The determination of any question before the Court shall be\naccording to the opinion of the majority of the members of the Court\nhearing the case.\n(3) The Judge of the court of trial shall not be one of such Judges.\n(4) The Registrar of the Supreme Court shall be the Registrar of the\nCourt.\n","sortOrder":464},{"sectionNumber":"408","sectionType":"section","heading":"Reservation of points of law","content":"408 Reservation of points of law\n(1) When any person is indicted for any offence the court of trial must,\non the application of counsel for the accused person made before\nverdict and may, in its discretion, either before or after judgment,\nwithout such application, reserve any question of law that arises on\nthe trial for the consideration of the Court.\n(2) If the accused person is found guilty and a question of law has\nbeen so reserved before judgment, the court of trial may either\npronounce judgment on the finding of guilt and respite execution of\nthe judgment or postpone the judgment until the question has been\nconsidered and decided and may either commit the person found\nguilty into the custody of the Commissioner of Correctional Services\nor admit him to bail on recognizance, with or without sureties, and\nin such sum as the court of trial thinks fit, conditioned to appear at\nsuch time and place as the court of trial may direct to receive\njudgment.\n(3) The Judge of the court of trial is thereupon required to state, in a\ncase signed by him, the question of law so reserved with the\nspecial circumstances upon which it arose and the case is to be\ntransmitted to the Court.\n(4) The Judge of the court of trial may state, in a case signed by him,\nthe question of law so reserved before the trial has concluded.\n(5) Any question so reserved is to be heard and determined as an\nappeal by the Court and, in the discretion of the Court, may be\nheard and determined before the trial has concluded.\n(6) The Court may send the case back to be amended or restated if it\nthinks it necessary so to do.\n\nCriminal Code Act 1983 309\n","sortOrder":465},{"sectionNumber":"409","sectionType":"section","heading":"Appeal from arrest of judgment","content":"409 Appeal from arrest of judgment\n(1) When the court of trial before which a person is found guilty on\nindictment arrests judgment that court is required, on the\napplication of counsel for the prosecution, to reserve a case for the\nconsideration of the Court as hereinbefore provided.\n(2) On the hearing of the case the Court may affirm or reverse the\norder arresting judgment.\n(3) If the order is reversed the Court is to direct that judgment be\npronounced upon the offender and he is to be ordered to appear at\nsuch time and place as the Court may direct to receive judgment\nand any justice of the peace may issue his warrant for the arrest of\nthe offender.\n(4) An offender so arrested may be admitted to bail by order of the\nCourt or a Judge thereof, which may be made at the time when the\norder directing judgment to be pronounced is made or afterwards.\n","sortOrder":466},{"sectionNumber":"410","sectionType":"section","heading":"Right of appeal","content":"410 Right of appeal\nA person found guilty on indictment, or a person found guilty of a\nsummary offence under section 389, may appeal to the Court:\n(a) against the finding of guilt or any special finding on any ground\nthat involves a question of law alone;\n(b) with the leave of the Court, or upon the certificate of the Judge\nof the court of trial that it is a fit case for appeal, against the\nfinding of guilt or any special finding on any ground of appeal\nthat involves a question of fact alone or question of mixed law\nand fact, or any other ground that appears to the Court to be a\nsufficient ground of appeal; and\n(c) with the leave of the Court against the sentence passed on the\nfinding of guilt.\n","sortOrder":467},{"sectionNumber":"411","sectionType":"section","heading":"Determination of appeal in ordinary cases","content":"411 Determination of appeal in ordinary cases\n(1) The Court on any such appeal against a finding of guilt shall allow\nthe appeal if it is of the opinion that the verdict of the jury should be\nset aside on the ground that it is unreasonable or cannot be\nsupported having regard to the evidence or that the judgment of the\ncourt of trial should be set aside on the ground of the wrong\ndecision on any question of law or that on any ground there was a\nmiscarriage of justice and in any other case shall dismiss the\nappeal.\n\nCriminal Code Act 1983 310\n(2) The Court may, notwithstanding that it is of the opinion that the\npoint or points raised by the appeal might be decided in favour of\nthe appellant, dismiss the appeal if it considers that no substantial\nmiscarriage of justice has actually occurred.\n(3) Subject to the special provisions of this Division the Court shall, if it\nallows an appeal against a finding of guilt, quash the finding of guilt\nand direct a judgment and verdict of acquittal to be entered.\n(4) On an appeal against a sentence, the Court must:\n(a) if it is of the opinion that another sentence, whether more or\nless severe, is warranted and should have been passed –\nquash the sentence and either:\n(i) impose another sentence; or\n(ii) remit the matter to the court of trial; or\n(b) in any other case – dismiss the appeal.\n","sortOrder":468},{"sectionNumber":"412","sectionType":"section","heading":"Powers of Court in special cases","content":"412 Powers of Court in special cases\n(1) Where an appellant has been found guilty of an indictable offence\nand on the indictment the jury could have found him guilty of some\nother, but less serious, offence and it appears to the Court that,\nalthough he was not and could not be properly found guilty of the\noffence of which he was actually found guilty, the evidence given at\nhis trial was such that a reasonable jury correctly instructed must\nfind him guilty of the other offence, the Court may, instead of\nallowing the appeal, substitute for the verdict found by the jury a\nverdict of guilty of the other offence and pass such sentence in\nsubstitution for the sentence passed at the trial as may be\nwarranted.\n(2) Where, on the finding of guilt of the appellant, the jury have found a\nspecial verdict and the Court considers that a wrong conclusion has\nbeen arrived at by the court of trial on the effect of that verdict, the\nCourt may, instead of allowing the appeal, order such conclusion to\nbe recorded as appears to the Court to be in law required by the\nverdict and pass such sentence, whether more or less severe, in\nsubstitution for the sentence passed at the trial as may be\nwarranted in law.\n","sortOrder":469},{"sectionNumber":"412A","sectionType":"section","heading":"Powers of Court in relation to mental impairment","content":"412A Powers of Court in relation to mental impairment\n(1) This section applies if, on an appeal against a finding of guilt or the\nsentence passed on such a finding, it appears to the Court that the\nperson found guilty should have been found not guilty because of\nmental impairment under section 43C.\n\nCriminal Code Act 1983 311\n(2) The Court must quash the finding of guilt and:\n(a) declare that the person is liable to supervision under Part IIA,\n(b) order that the person be released unconditionally.\n(3) If the Court makes a declaration under subsection (2)(a), the Court\nmust remit the matter to the Supreme Court for the making of a\nsupervision order under Part IIA, Division 5 in respect of the person.\n","sortOrder":470},{"sectionNumber":"413","sectionType":"section","heading":"Power to grant new trial","content":"413 Power to grant new trial\nOn an appeal against a finding of guilt on indictment the Court may,\neither of its own motion or on the application of the appellant, order\na new trial in such manner as it thinks fit if the Court considers that\na miscarriage of justice has occurred and that, having regard to all\nthe circumstances, such miscarriage of justice can be more\nadequately remedied by an order for a new trial than by any other\norder that the Court is empowered to make.\n","sortOrder":471},{"sectionNumber":"414","sectionType":"section","heading":"Appeal and reference by Crown Law Officer","content":"414 Appeal and reference by Crown Law Officer\n(1A) In exercising its discretion on an appeal made under\nsubsection (1)(c) involving a sentence imposed after the\ncommencement of this subsection, the Court must not take into\naccount any element of double jeopardy involving the respondent\nbeing sentenced again when deciding whether to do either or both\nof the following:\n(a) allow the appeal;\n(b) impose another sentence.\n(1) A Crown Law Officer may appeal to the Court:\n(a) where proceedings on indictment have been stayed pursuant\nto section 21;\n(b) against any determination made pursuant to section 347;\n(c) against any sentence with respect to an indictable offence;\n(d) where proceedings have been had as to whether a person\nought to be declared an habitual criminal or a person\nincapable of exercising proper control over his sexual instincts\nor recommitted as such after his discharge as such and such\ndeclaration or recommittal was not made; or\n\nCriminal Code Act 1983 312\n(e) where an indictment has been quashed or proceedings on\nindictment have been stayed under:\n(i) section 339; or\n(ii) the inherent jurisdiction of the court of trial,\nand the Court may, in its discretion, direct that the proceedings\ncontinue or vary the sentence and impose such sentence or make\nsuch a declaration or recommittal order, or make an order quashing\nthe order of the court of trial quashing the indictment, and may\nmake any consequent orders including an order for the arrest of the\nrespondent to the appeal as the Court thinks proper.\n(2) A Crown Law Officer may, in a case where a person has been\nacquitted after his trial on indictment, refer any point of law that has\narisen at the trial to the Court for its consideration and opinion\nthereon.\n(3) Notice of the reference shall be given to the acquitted person.\n(4) Upon the reference the Court shall hear argument:\n(a) by the Crown Law Officer or by counsel on his behalf; and\n(b) if he so desires, by the acquitted person or by counsel on his\nbehalf; or\n(c) by any counsel appointed by the Crown Law Officer to present\nsuch argument as might have been presented by the acquitted\nperson if he had appeared,\nand thereupon shall consider the point referred and furnish to the\nCrown Law Officer its opinion thereon.\n(5) The opinion of the Court upon the reference shall not affect the trial\nin respect of which the reference is made or an acquittal in that trial.\n","sortOrder":472},{"sectionNumber":"415","sectionType":"section","heading":"Revesting and restitution of property on finding of guilt","content":"415 Revesting and restitution of property on finding of guilt\n(1) The operation of any order for the restitution of any property or for\nthe payment of compensation to an aggrieved person made by the\ncourt of trial and the operation of the provisions of any civil law\nrelating to the revesting of the property in stolen goods on a finding\nof guilt shall (unless such court directs to the contrary in any case in\nwhich, in its opinion, the title to the property is not in dispute) be\nsuspended:\n(a) until the expiration of the time provided for appealing to the\nCourt; and\n\nCriminal Code Act 1983 313\n(b) where notice of appeal or of application for leave to appeal is\ngiven within the time provided, until the determination of the\nappeal or refusal of the application,\nand in cases where the operation of any such order or the operation\nof the said provisions is suspended until the determination of the\nappeal, the order or provisions shall not take effect as to the\nproperty in question if the finding of guilt is quashed on appeal,\nexcept by the special order of the Court.\n(2) The Court may annul or vary any such order although the finding of\nguilt is not quashed.\n","sortOrder":473},{"sectionNumber":"416","sectionType":"section","heading":"Suspension of order with respect to driver's licence","content":"416 Suspension of order with respect to driver's licence\nWhere notice of appeal or application for leave to appeal is given\nthe Court may suspend any order made with respect to the driver's\nlicence of the appellant until the determination of the appeal or\napplication.\n","sortOrder":474},{"sectionNumber":"417","sectionType":"section","heading":"Time for appealing","content":"417 Time for appealing\n(1) Any person found guilty desiring to appeal to the Court, or to obtain\nthe leave of the Court to appeal from any finding of guilt or\nsentence, shall give notice of appeal or notice of application for\nleave to appeal in the prescribed manner within 28 days after the\ndate of such finding of guilt or sentence.\n(2) The time within which notice of appeal, or notice of an application\nfor leave to appeal, may be given may be extended at any time by\nthe Court.\n","sortOrder":475},{"sectionNumber":"418","sectionType":"section","heading":"Judge's report may be furnished on appeal","content":"418 Judge's report may be furnished on appeal\nThe Judge of the court of trial may, in the case of an appeal or\napplication for leave to appeal, furnish to the Registrar a report\ngiving his opinion upon the case or upon any point arising in the\ncase.\n","sortOrder":476},{"sectionNumber":"419","sectionType":"section","heading":"Supplemental powers","content":"419 Supplemental powers\n(1) The Court may, if it thinks it necessary or expedient in the interests\nof justice:\n(a) order the production of any document, exhibit or other thing\nconnected with the proceedings;\n(b) order any persons who would have been compellable\nwitnesses at the trial to attend and be examined before the\nCourt, whether they were or were not called at the trial, or\n\nCriminal Code Act 1983 314\norder any such persons to be examined before any person\nappointed by the Court for the purpose and admit any\ndepositions so taken as evidence;\n(c) receive the evidence, if tendered, of any witness (including the\nappellant) who is a competent, but not a compellable, witness;\n(d) where any question arising on the appeal involves prolonged\nexamination of documents or accounts, or any scientific or\nlocal investigation, that cannot, in the opinion of the Court, be\nconveniently conducted before the Court, refer the question\nfor inquiry and report to a commissioner appointed by the\nCourt and act upon the report of such commissioner so far as\nthe Court thinks fit; and\n(e) appoint any person with special expert knowledge to act as\nassessor to the Court in any case in which it appears to the\nCourt that such special knowledge is required for the\ndetermination of the case,\nand exercise in relation to the proceedings of the Court any other\npowers that may for the time being be exercised by the Supreme\nCourt on appeals or applications in civil matters and issue any\nwarrant or other process necessary for enforcing the orders or\nsentences of the Court.\n(2) In no case shall any sentence be increased by reason of or in\nconsideration of any evidence that was not given at the trial.\n","sortOrder":477},{"sectionNumber":"420","sectionType":"section","heading":"Presence of appellant","content":"420 Presence of appellant\n(1) Neither an appellant seeking leave to appeal or to extend the time\nin which notice of appeal or notice of application for leave to appeal\nmay be given, nor a respondent to the application for the leave or\nextension, is entitled to be present, except with the leave of the\nCourt, at the hearing of the application or at any proceedings\npreliminary or incidental to the application.\n(2) An appellant who is in custody shall not be entitled to be present at\nthe hearing of his appeal, application for leave to appeal or any\nproceedings preliminary or incidental thereto except by leave of the\nCourt.\n","sortOrder":478},{"sectionNumber":"421","sectionType":"section","heading":"Presence of respondent who is in custody when appeal","content":"421 Presence of respondent who is in custody when appeal\nbrought by Crown Law Officer\nUnless he is represented by counsel a respondent who is in\ncustody is entitled to be present at the hearing of an appeal brought\nby a Crown Law Officer.\n\nCriminal Code Act 1983 315\n","sortOrder":479},{"sectionNumber":"422","sectionType":"section","heading":"Appellant or respondent may be sentenced in his absence","content":"422 Appellant or respondent may be sentenced in his absence\nThe power of the Court to pass any sentence may be exercised\nnotwithstanding the person to be affected thereby is not present.\n","sortOrder":480},{"sectionNumber":"423","sectionType":"section","heading":"Written argument","content":"423 Written argument\n(1) Any party may present his argument with respect to an appeal,\napplication for leave to appeal or any proceedings preliminary or\nincidental thereto in writing.\n(2) Both an appellant seeking leave to appeal or to extend the time in\nwhich notice of appeal or notice of application for leave to appeal\nmay be given and a respondent to the application for the leave or\nextension are to present their arguments, including an argument in\nrelation to proceedings preliminary or incidental to the application,\nin writing, unless the Court directs otherwise.\n","sortOrder":481},{"sectionNumber":"424","sectionType":"section","heading":"Costs of appeal","content":"424 Costs of appeal\nOn the hearing or determination of an appeal, application for leave\nto appeal, any proceedings preliminary or incidental thereto or on a\nCrown Law Officer's reference no costs shall be allowed on either\nside.\n","sortOrder":482},{"sectionNumber":"425","sectionType":"section","heading":"Admission of appellant to bail and custody when attending","content":"425 Admission of appellant to bail and custody when attending\nCourt\n(1) An appellant who is not admitted to bail shall, pending the\ndetermination of his appeal, be treated in such manner as may be\ndirected by regulations made under the Correctional Services\nAct 2014.\n(2) The time during which an appellant, pending the determination of\nhis appeal, is liberated on bail and, subject to any directions that the\nCourt may give to the contrary on any appeal, the time during which\nan appellant, if in custody, is specially treated as an appellant under\nthis section, shall not count as part of any term of imprisonment\nunder his sentence.\n(3) Any imprisonment under such sentence, whether it is the sentence\npassed by the court of trial or the sentence passed by the Court,\nshall, subject to any directions that the Court may give as aforesaid,\nbe deemed to be resumed or to begin to run, if the appellant is in\ncustody, as from the day on which the appeal is determined and if\nhe is not in custody as from the day on which he is received into a\ncustodial correctional facility under the sentence.\n(4) Provision shall be made by regulations under the Correctional\nServices Act 2014 for the manner in which an appellant, when in\n\nCriminal Code Act 1983 316\ncustody, is to be brought to any place where he is entitled to be\npresent, or ordered to be taken, for the purposes of this Division\nand for the manner in which he is to be kept in custody whilst\nabsent from a custodial correctional facility for the purpose; and an\nappellant whilst in custody in accordance with those regulations\nshall be deemed to be in legal custody.\n","sortOrder":483},{"sectionNumber":"426","sectionType":"section","heading":"Duties of Registrar","content":"426 Duties of Registrar\n(1) The Registrar shall take all necessary steps for obtaining a hearing\nof any appeals or applications, notice of which is given to him and\nshall obtain and lay before the Court in proper form all documents,\nexhibits and other things relating to the proceedings in the court of\ntrial that appear necessary for the proper determination of the\nappeal or application.\n(2) If it appears to the Registrar that any notice of appeal or of\napplication for leave to appeal against a finding of guilt or sentence\ndoes not show any substantial ground of appeal, he may refer the\nappeal or application to the Court for summary determination; and\nthe Court may thereupon, if it considers that the appeal or\napplication is frivolous or vexatious, dismiss the appeal or refuse\nthe application summarily without calling upon any person to attend\nthe hearing.\n(3) The Registrar shall furnish the necessary forms and instructions in\nrelation to notices of appeal or notices of application to any person\nwho demands the same and to officers of courts, the Commissioner\nof Correctional Services and to such other officers or persons as he\nthinks fit and the Commissioner of Correctional Services shall\ncause such forms and instructions to be placed at the disposal of\nprisoners desiring to appeal or to make any application and shall\ncause any such notice given by a prisoner in his custody to be\nforwarded on behalf of the prisoner to the Registrar.\n(4) Where an appellant is in custody, the Registrar shall give\nreasonable notice to him in writing:\n(a) that if he wishes to appear in person at the Court he must\nseek the leave of the Court;\n(b) that he may make such application for leave to appear in\nwriting and may present his argument in support of such\napplication in writing;\n(c) that he may present his argument with respect to his appeal,\napplication for leave to appeal or any proceedings preliminary\nor incidental thereto in writing;\n\nCriminal Code Act 1983 317\n(d) of the date of the sittings of the Court during which it is\nexpected his appeal or application for leave to appeal will be\nheard; and\n(e) of the result of any proceedings preliminary or incidental to his\nappeal or application for leave to appeal given when he was\nnot present.\n(5) Where a respondent to a Crown Law Officer's appeal is in custody,\nthe Registrar shall give reasonable notice to him in writing:\n(a) that he may himself appear on the hearing of the appeal if he\nis not represented by counsel;\n(b) that he may present his argument with respect to the appeal\nor any proceedings preliminary or incidental thereto in writing;\n(c) of the date of the sittings of the Court during which it is\nexpected the appeal will be heard; and\n(d) of the result of any proceedings preliminary or incidental to the\nappeal given when he was not present.\n","sortOrder":484},{"sectionNumber":"427","sectionType":"section","heading":"Documents, exhibits, &c.","content":"427 Documents, exhibits, &c.\nAny documents, exhibits or other things connected with any\nproceedings before a court of trial, in respect of which any person is\nentitled or may be authorized to appeal, shall be kept in the custody\nof the court of trial for such time as may be prescribed, subject to\nsuch power as may be prescribed for the conditional release of any\nsuch documents, exhibits or other things from that custody.\n","sortOrder":485},{"sectionNumber":"428","sectionType":"section","heading":"Record of trial","content":"428 Record of trial\n(1) A record shall be made of the proceedings of any trial of any person\non indictment.\n(2) On any notice of appeal or application for leave to appeal the\nrecord shall be furnished to the Registrar for the use of the Court or\nany Judge.\n(3) A copy of the record must be furnished to any party interested upon\nthe payment of the charges prescribed by regulation.\n","sortOrder":486},{"sectionNumber":"429","sectionType":"section","heading":"Powers exercisable by a Judge","content":"429 Powers exercisable by a Judge\n(1) The powers of the Court to give leave to appeal, to extend the time\nin which notice of appeal or of an application for leave to appeal\nmay be given, to allow the appellant to be present at any\nproceedings in cases where he is not entitled to be present without\n\nCriminal Code Act 1983 318\nleave, to admit an appellant to bail and to suspend any order made\nwith respect to the driver's licence of the appellant may be\nexercised by any Judge in the same manner as they may be\nexercised by the Court and subject to the same provisions.\n(2) If the Judge refuses an application on the part of the appellant to\nexercise any such power in his favour, the appellant shall be\nentitled to have the application determined by the Court.\n","sortOrder":487},{"sectionNumber":"430","sectionType":"section","heading":"Appeals from the decision of the Court","content":"430 Appeals from the decision of the Court\n(1) Where an appeal to the Court is upheld and the appellant is entitled\nto have the finding of guilt against him quashed by order of the\nCourt the Court may, upon application on behalf of the Crown at\nany time before the release of such appellant, either by the same or\nby a separate order, direct that execution of the order quashing the\nappellant's finding of guilt be stayed for such time, not exceeding\n7 days, as the Court thinks fit; and the Court or a Judge shall\nthereupon make such order for the detention of the appellant, or his\nreturn to any former custody, or for releasing him on bail, as the\nCourt or Judge thinks fit, for the time during which such stay has\nbeen directed.\n(2) The Court or a Judge may, upon application by or on behalf of a\nCrown Law Officer, make such order for the detention of the\nappellant or for releasing him on bail pending the hearing of an\nappeal to the High Court of Australia as the Court or a Judge may\nthink fit and may at any time vary or rescind such order.\n(3) On the application of any appellant deeming himself wronged by\nany failure to diligently prosecute such appeal the Court or a Judge\nmay order the immediate execution of the original order of the Court\nquashing the finding of guilt and may order the appellant's\nimmediate release and the Court may further, if it thinks fit, award\nhim such compensation as appears just.\n","sortOrder":488},{"sectionNumber":"431","sectionType":"section","heading":"Pardoning power preserved","content":"431 Pardoning power preserved\nNothing in the foregoing provisions of this Division shall affect the\nprerogative of mercy, and a Crown Law Officer, on the\nconsideration of any petition for the exercise of the prerogative of\nmercy having reference to the finding of guilt of any person or to\nany sentence passed on a person found guilty of an offence, may:\n(a) refer the whole case to the Court whereupon the case shall be\nheard and determined by the Court as in the case of an\nappeal by a person found guilty of an offence; or\n(b) if he desires the assistance of the Court on any point arising in\nthe case with a view to the determination of the petition, refer\n\nCriminal Code Act 1983 319\nthat point to the Court for its opinion thereon whereupon the\nCourt shall consider the point so referred and furnish the\nCrown Law Officer with its opinion thereon.\n","sortOrder":489},{"sectionNumber":"432","sectionType":"section","heading":"Conditional remission of sentence by Administrator","content":"432 Conditional remission of sentence by Administrator\n(1) In any case where the prerogative of mercy is extended to an\noffender, it may be extended upon condition of the offender\nentering into a recognizance conditioned as in the case of offenders\nconditionally released by a court of trial.\n(2) The offender is thereupon liable to the same obligations and is\nliable to be dealt with in all respects in the same manner as a\nperson conditionally released by a court of trial.\n","sortOrder":490},{"sectionNumber":"433","sectionType":"section","heading":"Effect of pardon","content":"433 Effect of pardon\nA pardon has the effect of discharging the person found guilty of an\noffence from the consequences of the finding of guilt.\n","sortOrder":491},{"sectionNumber":"433A","sectionType":"section","heading":"Reference by Attorney-General of certain findings of guilt","content":"433A Reference by Attorney-General of certain findings of guilt\n(1) Where before or after the commencement of this section a person\nhas been found guilty of an indictable offence and the prerogative\nof mercy has been extended to the person in respect of that finding\nof guilt, the Attorney-General may, at the request of the person\nfound guilty of the offence, if the Attorney-General is satisfied that it\nis expedient in the interests of justice so to do, refer the case to the\nCourt to enable the Court to consider or again consider whether the\nfinding of guilt should be quashed and a judgment and verdict of\nacquittal entered.\n(2) Notice of a reference under subsection (1) shall be given to the\nperson found guilty of the offence.\n(3) In considering a case referred to it under subsection (1) the Court\nshall hear argument by the Attorney-General or by counsel on the\nAttorney-General's behalf and, if the Court considers it necessary to\nenable it to reach a conclusion on the question before it, may hear\nargument:\n(a) by the person found guilty of the offence or by counsel on that\nperson's behalf; or\n(b) by any counsel appointed by the Attorney-General to present\nsuch argument as might have been presented by the person\nfound guilty of an offence if the person found guilty of an\noffence had appeared.\n\nCriminal Code Act 1983 320\n(4) In considering a case referred to it under subsection (1), but subject\nto subsection (5), the Court has such of the powers it has in relation\nto a matter brought before it on an appeal under section 410 as are\nnecessary to enable it to determine the question referred to it.\n(5) In considering a case referred to it under subsection (1) the Court is\nnot bound by the rules of evidence but may inform itself in such\nmanner as it thinks fit.\n(6) Without limiting the generality of subsection (5), the Court may:\n(a) receive in evidence:\n(i) a transcript of evidence taken, and the exhibits\nproduced, in proceedings before a court of, or in an\ninquiry by a commission of inquiry (by whatever name\ncalled) established by or appointed under a law of, the\nCommonwealth or a State or Territory of the\nCommonwealth; or\n(ii) a report of a commission of inquiry referred to in\nsubparagraph (i),\nand draw such conclusions of fact from the evidence and\nexhibits or report as it thinks fit; or\n(b) adopt, as it thinks fit, the finding, decision, judgment, or\nreasons for the finding, decision or judgment, of a court or\ncommission of inquiry referred to in paragraph (a) that are\nrelevant to the Court's consideration.\n(7) The decision of the Court on a case referred to it under\nsubsection (1) has the same force and effect as its decision on an\nappeal under section 410.\n","sortOrder":492},{"sectionNumber":"435","sectionType":"section","heading":"Court may direct certain persons to be prosecuted for perjury","content":"435 Court may direct certain persons to be prosecuted for perjury\n(1) If it appears to a court dealing with a matter on indictment that any\nperson has been guilty of perjury in any testimony given before it,\nthe court may commit him to take his trial for such perjury in the\nsame manner as if he had been charged before the Local Court\nwith the same perjury and sufficient evidence had been given\nagainst him.\n(2) A person so committed may be admitted to bail in the same manner\nas if he had been committed for trial by justices of the peace.\n\nCriminal Code Act 1983 321\n(3) The court may require any person to enter into a recognizance\nconditioned to appear and give evidence at the trial of a person so\ndirected to be prosecuted.\n","sortOrder":493},{"sectionNumber":"435A","sectionType":"section","heading":"Offences not to attract legal disability except under an Act","content":"435A Offences not to attract legal disability except under an Act\nA person who has been found guilty of an offence, whether before\nor after the commencement of this section, shall not, by reason of\nthe finding of guilt, suffer a legal disability except as prescribed by\nan Act of the Territory or of the Commonwealth.\n","sortOrder":494},{"sectionNumber":"436","sectionType":"section","heading":"Saving of civil remedies","content":"436 Saving of civil remedies\nExcept when expressly so provided the prosecution or finding of\nguilt of a person for an offence does not affect any civil remedy that\nany person aggrieved by the offence may have against the\noffender.\n","sortOrder":495},{"sectionNumber":"437","sectionType":"section","heading":"No court fees in criminal cases","content":"437 No court fees in criminal cases\nNo court fees can be taken in a court of criminal jurisdiction from\nany person who is charged with an offence for any proceedings had\nor taken in that court with respect to the charge.\n","sortOrder":496},{"sectionNumber":"438","sectionType":"section","heading":"Copies of depositions to be allowed to persons committed for","content":"438 Copies of depositions to be allowed to persons committed for\ntrial\n(1) Subject to subsection (2) any person who is committed for trial is\nentitled to have on demand from the person who has the lawful\ncustody thereof copies of the depositions of the witnesses on\nwhose depositions he has been so committed.\n(2) If the demand is not made before the day appointed for the\ncommencement of the sittings of the court to which the person on\nwhose behalf the demand is made has been committed for trial, he\nis not entitled to have any such copy unless the Judge is of opinion\nthat the copy may be made and delivered without delay or\ninconvenience.\n(3) The court may postpone the trial on account of the person\ncommitted for trial not having previously had a copy of the\ndepositions.\n","sortOrder":497},{"sectionNumber":"439","sectionType":"section","heading":"Inspection of depositions at trial","content":"439 Inspection of depositions at trial\nAny person who is tried for an indictable offence is entitled at the\ntime of his trial to inspect without fee all depositions or copies of\ndepositions that have been taken against him and returned into the\ncourt before which the trial is had.\n\nCriminal Code Act 1983 322\n","sortOrder":498},{"sectionNumber":"440","sectionType":"section","heading":"Standard of proof","content":"440 Standard of proof\n(1) Any matter that has to be proved by the defence in a trial must be\nproved on the balance of probabilities; otherwise the standard of\nproof is proof beyond reasonable doubt.\n(2) Subsection (1) does not apply in relation to the proof of facts\nnecessary for determining whether evidence should be admitted or\nexcluded.\n","sortOrder":499},{"sectionNumber":"441","sectionType":"section","heading":"Arrest without warrant","content":"441 Arrest without warrant\n(1) A person shall not be arrested without warrant except in\naccordance with this Code or an Act expressly giving power to\narrest without warrant.\n(2) A person, not being a member of the Police Force, may without\nwarrant arrest a person (the offender) where the person:\n(a) finds the offender committing an offence or doing an act or\nbehaving or conducting himself, or in such circumstances, that\nthe person believes on reasonable grounds that the offender\nhas committed an offence and that the arrest of the offender is\nnecessary:\n(i) to ensure the appearance of the offender before a court\nof competent jurisdiction; or\n(ii) to preserve public order; or\n(iii) to prevent the continuation or repetition of the offence or\nthe commission of a further offence; or\n(iv) for the safety or welfare of members of the public or of\nthe offender; or\n(b) is instructed to do so by a member of the Police Force having\npower under an Act to apprehend the offender; or\n(c) believes on reasonable grounds that the offender is escaping\nfrom legal custody or aiding or abetting another person to\nescape from legal custody or avoiding apprehension by some\nperson having authority to apprehend the offender in the\ncircumstances of the case.\n(2A) A reference in subsection (2) to a member of the Police Force does\nnot include a person who has not taken an oath under section 26 of\nthe Police Administration Act 1978.\n\nCriminal Code Act 1983 323\n(3) A person who is arrested under subsection (2) and in custody shall\nnot be questioned in relation to an offence other than by a member\nof the Police Force in accordance with the Police Administration\nAct 1978.\n(4) As soon as practicable after a person is arrested under\nsubsection (2), the person shall be delivered to a member of the\nPolice Force, and the Police Administration Act 1978 shall apply to\nand in relation to the person and the member as if the arrest had\nbeen made under that Act.\n(5) A person who is arrested under subsection (2)(a) shall be held in\ncustody only while the reason for the person's arrest, as referred to\nin that paragraph, continues.\n(6) A person who is arrested under subsection (2)(a) shall be released\nimmediately from custody where it becomes apparent that the\nperson did not commit the offence for which the person was\narrested.\n(7) For the purposes of subsection (2)(a), offence does not include a\ncontravention of or failure to comply with an instrument of a\nlegislative or administrative character.\n","sortOrder":500},{"sectionNumber":"442","sectionType":"section","heading":"Arrest on reasonable grounds not to be taken to be unlawful","content":"442 Arrest on reasonable grounds not to be taken to be unlawful\nWhere an arrest is made under section 441 under a belief that is\nheld on reasonable grounds, the arrest shall not cease to be lawful\nor be taken to be unlawful where it subsequently appears or is\nfound that the person arrested did not commit the offence alleged.\n","sortOrder":501},{"sectionNumber":"443","sectionType":"section","heading":"Arrest on board aircraft","content":"443 Arrest on board aircraft\n(1) A person in command of an aircraft may, on board the aircraft, with\nsuch assistance as is necessary, arrest without warrant a person\nwhom the person in command finds committing, or reasonably\nsuspects of having committed, or of having attempted to commit, an\noffence on or in relation to or affecting the use of the aircraft, and\nthe person in command or a person authorised by that person may\nhold the person so arrested in custody until that person can be\nbrought before a justice of the peace or a court or other proper\nauthority to be dealt with in accordance with law.\n(2) A person in command of an aircraft may, where the person\nconsiders it necessary to do so in order to prevent an offence on or\nin relation to or affecting the use of the aircraft, or to avoid danger\nto the safety of the aircraft or of persons on board the aircraft, with\nsuch assistance as the person thinks necessary:\n\nDivision 3 Criminal Code Amendment (Mental Impairment and Unfitness for Trial) Act\nCriminal Code Act 1983 324\n(a) place a person who is on board the aircraft under restraint or\nin custody; and/or\n(b) if the aircraft is not in the course of a flight, remove a person\nfrom the aircraft.\nDivision 1 Criminal Code Amendment (Criminal\nResponsibility Reform) Act 2005\n","sortOrder":502},{"sectionNumber":"444","sectionType":"section","heading":"Application of Code to pre-commencement offences","content":"444 Application of Code to pre-commencement offences\nThis Code, as in force immediately before the commencement of\nthis section, continues to apply in relation to offences committed\nbefore that commencement.\nDivision 2 Criminal Code Amendment (Expert Evidence)\nAct 2009\n","sortOrder":503},{"sectionNumber":"445","sectionType":"section","heading":"Application","content":"445 Application\nThe amendments made to this Act by the Criminal Code\nAmendment (Expert Evidence) Act 2009 apply only to a trial that\nstarts at least 14 days after the commencement of that Act.\nDivision 3 Criminal Code Amendment (Mental Impairment and\nUnfitness for Trial) Act 2010\n","sortOrder":504},{"sectionNumber":"446","sectionType":"section","heading":"Application to pending matters","content":"446 Application to pending matters\n(1) Section 43ZD(3A) to (3D) as inserted by the amending Act applies\nin relation to an application to vary or revoke a supervision order\nmade, but not decided, before the commencement.\n(2) Section 43ZE(3A) to (3D) as inserted by the amending Act applies\nin relation to an application to vary a non-custodial supervision\norder made, but not decided, before the commencement.\n(3) Section 43ZG(5A) to (5C) as inserted by the amending Act applies\nin relation to a review of a supervision order started, but not\ncompleted, before the commencement.\n(4) Section 43ZO as inserted by the amending Act applies to any\nproceedings under Part IIA started, but not completed, before the\n\nDivision 6 Criminal Code Amendment (Hit and Run) Act 2014\nCriminal Code Act 1983 325\namending Act means the Criminal Code Amendment (Mental\nImpairment and Unfitness for Trial) Act 2010.\ncommencement means the commencement of the amending Act.\nDivision 4 Criminal Code Amendment (Female Genital\nMutilation) Act 2013\n","sortOrder":505},{"sectionNumber":"447","sectionType":"section","heading":"Application of section 186C","content":"447 Application of section 186C\n(1) Section 186C, as amended by the Criminal Code Amendment\n(Female Genital Mutilation) Act 2013, applies only in relation to\noffences committed after the commencement of this section\n(commencement).\n(2) Section 186C, as in force before commencement, continues to\noffence occurred after commencement; and\nDivision 5 Criminal Code Amendment (Psychiatric or Medical\nEvidence) Act 2014\n","sortOrder":506},{"sectionNumber":"448","sectionType":"section","heading":"Application of section 331B","content":"448 Application of section 331B\nSection 331B applies only in relation to an offence for which an\naccused is committed for trial after the commencement of the\nCriminal Code Amendment (Psychiatric or Medical Evidence)\nAct 2014.\nDivision 6 Criminal Code Amendment (Hit and Run) Act 2014\n","sortOrder":507},{"sectionNumber":"449","sectionType":"section","heading":"Application of amendments","content":"449 Application of amendments\n(1) Section 174FA as amended by the Criminal Code Amendment (Hit\nand Run) Act 2014 applies only in relation to offences committed\nafter the commencement of this section (commencement).\n(2) Section 174FA, as in force before commencement, continues to\n\n","sortOrder":508},{"sectionNumber":"Div 9","sectionType":"division","heading":"Criminal Code Amendment (Presumption of Joint Trials) Act 2014","content":"Division 9 Criminal Code Amendment (Presumption of Joint Trials) Act 2014\nCriminal Code Act 1983 326\ncommencement only if all the conduct constituting the offence\noccurred after commencement; and\nDivision 7 Criminal Code Amendment (Child Abuse Material)\n","sortOrder":509},{"sectionNumber":"450","sectionType":"section","heading":"Application of section 125B","content":"450 Application of section 125B\n(1) Section 125B, as amended by the Criminal Code Amendment\n(Child Abuse Material) Act 2014, applies only in relation to offences\ncommitted after the commencement of this section\n(commencement).\n(2) Section 125B, as in force before commencement, continues to\ncommencement only if all the conduct constituting the offence\noccurred after commencement; and\n","sortOrder":510},{"sectionNumber":"Div 8","sectionType":"division","heading":"Justice and Other Legislation Amendment","content":"Division 8 Justice and Other Legislation Amendment\n","sortOrder":511},{"sectionNumber":"451","sectionType":"section","heading":"Application of section 389","content":"451 Application of section 389\nTo avoid doubt, the Supreme Court may exercise powers under\nsection 389 in relation to an indictment that was presented, or a\nsummary offence the charge for which was laid, before the\ncommencement of section 4 of the Justice and Other Legislation\nAmendment Act 2014.\nDivision 9 Criminal Code Amendment (Presumption of Joint\nTrials) Act 2014\n","sortOrder":512},{"sectionNumber":"452","sectionType":"section","heading":"Application of presumption","content":"452 Application of presumption\nSection 341A, as inserted by the Criminal Code Amendment\n(Presumption of Joint Trials) Act 2014, applies in relation to an\n\n","sortOrder":513},{"sectionNumber":"Div 11","sectionType":"division","heading":"Statute Law Amendment (Directors' Liability) Act 2015","content":"Division 11 Statute Law Amendment (Directors' Liability) Act 2015\nCriminal Code Act 1983 327\nindictment presented or filed in court after the commencement of\nthat Act, even if an offence charged in the indictment is alleged to\nhave been committed before the commencement of that Act.\n","sortOrder":514},{"sectionNumber":"Div 10","sectionType":"division","heading":"Criminal Code Amendment (Remission for","content":"Division 10 Criminal Code Amendment (Remission for\nResentencing) Act 2015\n","sortOrder":515},{"sectionNumber":"453","sectionType":"section","heading":"Application of section 411(4)","content":"453 Application of section 411(4)\n(1) Section 411(4), as amended by the Criminal Code Amendment\n(Remission for Resentencing) Act 2015, applies in relation to an\nappeal against a sentence that is heard after the commencement of\nthat Act (the commencement).\n(2) Subsection (1) applies:\n(a) even if the appellant was found guilty before the\ncommencement; and\n(b) regardless of when the appellant filed an originating process\nas defined in rule 82.01 of the Supreme Court Rules 1987 in\nrelation to the appeal.\nDivision 11 Statute Law Amendment (Directors' Liability)\nAct 2015\n","sortOrder":516},{"sectionNumber":"454","sectionType":"section","heading":"Offences – before and after commencement","content":"454 Offences – before and after commencement\n(1) Section 125D, as inserted by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new section) applies in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 5 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 125D, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nCriminal Code Act 1983 328\n","sortOrder":517},{"sectionNumber":"Div 12","sectionType":"division","heading":"Independent Commissioner Against Corruption","content":"Division 12 Independent Commissioner Against Corruption\n(Consequential and Related Amendments)\nAct 2018\n","sortOrder":518},{"sectionNumber":"455","sectionType":"section","heading":"Definitions","content":"455 Definitions\namending Act means the Independent Commissioner Against\nCorruption (Consequential and Related Amendments) Act 2018.\ncommencement means the commencement of Part 3 of the\namending Act.\n","sortOrder":519},{"sectionNumber":"456","sectionType":"section","heading":"Application of sections 76 to 78, 80 and 81 as inserted by","content":"456 Application of sections 76 to 78, 80 and 81 as inserted by\namending Act\n(1) Sections 76 to 78, 80 and 81, as inserted by the amending Act,\napply only in relation to offences committed after the\n(2) For this section, if any of the conduct constituting an offence\n","sortOrder":520},{"sectionNumber":"457","sectionType":"section","heading":"Application of section 79 as inserted by amending Act","content":"457 Application of section 79 as inserted by amending Act\n(1) If, before the commencement, there was a failure to disclose a\nprivate interest in a company, section 79 as in force immediately\nbefore the commencement applies in relation to that failure.\n(2) If, before the commencement, there was a failure to disclose a\nprivate interest in property, manufacture, trade or business,\nsection 80 as in force immediately before the commencement\napplies in relation to that failure.\n(3) Section 79 as in force after the commencement applies to a failure\nto disclose a private interest after the commencement irrespective\nof whether that failure began before or after the commencement.\n(4) Section 79, as inserted by the amending Act, applies in relation to\noffences committed after the commencement.\n","sortOrder":521},{"sectionNumber":"458","sectionType":"section","heading":"Definitions","content":"458 Definitions\namending Act means the Criminal Code Amendment Act 2019.\n\nCriminal Code Act 1983 329\ncommencement means the commencement of the amending Act.\n","sortOrder":522},{"sectionNumber":"459","sectionType":"section","heading":"Application of section 189A","content":"459 Application of section 189A\n(1) Section 189A, as amended by the amending Act, applies only in\n(2) Section 189A, as in force before the commencement, continues to\n","sortOrder":523},{"sectionNumber":"460","sectionType":"section","heading":"Application of section 316","content":"460 Application of section 316\n(1) Section 316, as amended by the amending Act, applies only in\n(2) Section 316, as in force before the commencement, continues to\n","sortOrder":524},{"sectionNumber":"461","sectionType":"section","heading":"Pre-Code offences","content":"461 Pre-Code offences\n(1) Any offence against a law of the Territory in force before the\ncommencement of section 3(1) of this Act that was punishable by a\nterm of imprisonment exceeding 6 months at the time the offence\nwas committed is taken to be an indictable offence for the purposes\nof this Code and any other law of the Territory.\nSection 3(1) of this Act repealed the Criminal Law Consolidation Act 1876 (SA) in\nits application to the Territory, on 1 January 1984.\n\n","sortOrder":525},{"sectionNumber":"Div 16","sectionType":"division","heading":"Criminal Justice Legislation Amendment Act 2022","content":"Division 16 Criminal Justice Legislation Amendment Act 2022\nCriminal Code Act 1983 330\n(2) Any proceeding in a court in relation to an offence referred to in\nsubsection (1) that was commenced before the commencement of\nthis section is taken to have always been within the jurisdiction of\nthat court.\n(3) Any exercise of jurisdiction or purported exercise of jurisdiction by a\ncourt in relation to a proceeding described in subsection (2) is not\ninvalid on the basis that any matter related to the offence was not\nwithin the jurisdiction of the court at any time during the proceeding.\nexercise of jurisdiction includes any of the following:\n(a) instituting, adjourning and continuing a proceeding;\n(b) issuing a warrant, summons or other process;\n(c) making or giving an order, direction, notice, whether by\ninstrument or otherwise;\n(d) making a finding of guilt;\n(e) imposing a sentence;\n(f) doing any other act or thing under an Act.\n","sortOrder":526},{"sectionNumber":"Div 15","sectionType":"division","heading":"Criminal Code Amendment Act 2021","content":"Division 15 Criminal Code Amendment Act 2021\n","sortOrder":527},{"sectionNumber":"462","sectionType":"section","heading":"Application of section 43BGA","content":"462 Application of section 43BGA\nSection 43BGA applies only in relation to offences committed after\nthe commencement of section 7 of the Criminal Code Amendment\nAct 2021.\nDivision 16 Criminal Justice Legislation Amendment Act 2022\n","sortOrder":528},{"sectionNumber":"463","sectionType":"section","heading":"Application of section 189A","content":"463 Application of section 189A\n(1) Section 189A, as amended by the Criminal Justice Legislation\nAmendment Act 2022, applies only in relation to offences\ncommitted after the commencement of section 4 of that Act (the\ncommencement).\n(2) Section 189A, as in force before the commencement, continues to\n\nCriminal Code Act 1983 331\n","sortOrder":529},{"sectionNumber":"Div 17","sectionType":"division","heading":"Criminal Code Amendment (Property Offences)","content":"Division 17 Criminal Code Amendment (Property Offences)\nAct 2022\n","sortOrder":530},{"sectionNumber":"464","sectionType":"section","heading":"Application of repealed provisions","content":"464 Application of repealed provisions\n(1) The repealed provisions, as in force immediately before the\nbefore the commencement.\n(2) For subsection (1), if any of the conduct constituting an offence\ncommencement means the commencement of section 10 of the\nCriminal Code Amendment (Property Offences) Act 2022.\nrepealed provisions means Part VII, Divisions 1, 1A, 2, 3, 3A, 4, 5,\n7, 8 and 9 of this Act as in force immediately before their repeal by\nthe Criminal Code Amendment (Property Offences) Act 2022.\n","sortOrder":531},{"sectionNumber":"Div 18","sectionType":"division","heading":"Criminal Code Amendment (Age of Criminal","content":"Division 18 Criminal Code Amendment (Age of Criminal\nResponsibility) Act 2022\n","sortOrder":532},{"sectionNumber":"465","sectionType":"section","heading":"Definitions","content":"465 Definitions\ncharge includes the following:\n(a) a charge on an arrest;\n(b) a complaint under an Act;\n(c) a charge by a court;\n(d) an indictment.\ncommencement means the commencement of section 3 of the\nCriminal Code Amendment (Age of Criminal Responsibility)\nAct 2022.\n\nCriminal Code Act 1983 332\nconviction means, in respect of an offence, a finding of guilt, or the\nacceptance of a plea of guilty, by a court, judge, magistrate or\nperson who exercised the jurisdiction of a court, whether or not a\nconviction is recorded.\ncriminal process, in relation to a person for an offence committed\nor alleged to have been committed by the person, includes the\n(a) an investigation of the person;\n(b) the issue of a warrant for the arrest of the person or for a\nsearch in relation to the person;\n(c) the arrest of the person;\n(d) a charge against the person;\n(e) a trial of the person;\n(f) an appeal in relation to the trial or conviction of the person.\nend date means the commencement of section 3 of the Criminal\nCode Amendment Act 2024.\nrecord means recorded information in any form (including data in a\ncomputer system) that is required to be kept by the following\npersons or bodies as evidence of the activities or operations of the\nperson or body, or its predecessor, and includes part of a record\nand a copy of a record:\n(a) the Police Force;\n(b) the Director of Public Prosecutions;\n(c) a court;\n(d) the archives service established to perform the archives\nfunctions for the Territory under the Information Act 2002.\n","sortOrder":533},{"sectionNumber":"466","sectionType":"section","heading":"Application of sections 38 and 43AP","content":"466 Application of sections 38 and 43AP\n(1) Sections 38 and 43AP, as in force immediately after the\ncommencement but before the end date.\n(2) Sections 38(1) and 43AP, as in force immediately before the\ncommencement, apply in relation to offences committed before the\n\nCriminal Code Act 1983 333\n","sortOrder":534},{"sectionNumber":"467","sectionType":"section","heading":"Cessation of proceedings","content":"467 Cessation of proceedings\n(1) This section applies in relation to any offence committed or alleged\nto have been committed by a child under 12 years of age before the\nend date.\n(2) No criminal process may be started in relation to the offence.\n(3) Any criminal process in relation to the offence is discontinued.\n(4) The child is discharged from any ongoing order or obligation in\nrelation to the offence.\n(5) All conditions imposed under section 27 of the Bail Act 1982 in\nrelation to the offence are discontinued.\n(6) To avoid doubt, this section does not apply in relation to a person\n12 years of age or older who committed or is alleged to have\ncommitted an offence with a child under 12 years of age.\n","sortOrder":535},{"sectionNumber":"468","sectionType":"section","heading":"Release of child","content":"468 Release of child\n(1) Subject to subsection (2), any child in police custody, in detention\nor serving a sentence for an offence referred to in section 467(1)\nmust be released as soon as practicable.\n(2) A child in police custody, in detention or serving a sentence for\nanother offence is not to be released under subsection (1) if the\nother offence was committed or alleged to have been committed\nwhen the child was 12 years of age or older.\n(3) Reasonable steps must be taken to ensure the safe release of a\nchild under subsection (1).\n","sortOrder":536},{"sectionNumber":"469","sectionType":"section","heading":"Expungement of charge or conviction","content":"469 Expungement of charge or conviction\n(1) Any charge or conviction against a person for an offence committed\nbefore the end date or alleged to have been committed before the\nend date when the person was under 12 years of age is expunged.\n(2) Subject to sections 470 and 471, a person whose charge or\nconviction is expunged under this section is to be treated in law as\nif the person had never committed or been charged with,\nprosecuted for, convicted of or sentenced for the offence, as the\ncase may be.\n(3) A reference in an agreement, an arrangement, any other Act or a\nstatutory instrument to a charge or conviction is taken not to include\none expunged under this section.\n\nCriminal Code Act 1983 334\n(4) If a person's charge or conviction is expunged under this section:\n(a) it is lawful for the person to claim, on oath or otherwise,\nincluding in a proceeding before any court, tribunal or entity,\nthat the person was not charged with or convicted of the\noffence; and\n(b) evidence is not admissible in a proceeding before any court,\ntribunal or entity to prove the person was charged with or\nconvicted of the offence; and\n(c) the person's criminal history no longer includes the charge or\nconviction; and\n(d) the person is not required to disclose information about the\ncharge or conviction; and\n(e) a reference to the person's character, however expressed,\ndoes not require or allow anyone to take the charge or\nconviction into account; and\n(f) the charge or conviction, or non-disclosure of the charge or\nconviction, is not a ground for discriminating against,\nprejudicing or engaging in adverse conduct against the person\nin any way, including in respect of the following matters:\n(i) any appointment, employment, exclusion or dismissal in\nrespect of an office, profession, occupation or\nemployment;\n(ii) any grant, issuance, suspension, refusal or revocation of\nan approval, authorisation, licence, permit or registration;\nand\n(g) the person may, without waiting any minimum period, reapply\nfor any approval, authorisation, licence, permit or registration\nrefused or revoked because of the charge or conviction before\nit was expunged.\n(5) Subsection (4) applies in respect of an indirect reference to an\nexpunged charge or conviction, including a reference to any of the\nfollowing that may have occurred in relation to the expunged charge\nor conviction:\n(a) an arrest;\n(b) an investigation or prosecution;\n(c) an appearance in court;\n\nCriminal Code Act 1983 335\n(d) a penalty, sentence or incarceration.\n(6) This section has effect despite any other law to the contrary,\nincluding:\n(a) sections 77(4), 79(3) and 135(3) of the Health Practitioner\nRegulation National Law (NT); and\n(b) the Criminal Records (Spent Convictions) Act 1992; and\n(c) any other law that allows or requires the disclosure of\ninformation relating to a charge, conviction, criminal record or\ncriminal history.\n","sortOrder":537},{"sectionNumber":"470","sectionType":"section","heading":"No entitlement to compensation or damages","content":"470 No entitlement to compensation or damages\nNo person is entitled to compensation or damages of any kind by\nreason that:\n(a) the person was charged with, or prosecuted for, an offence\ncommitted or alleged to have been committed before the end\ndate when the person was under 12 years of age; or\n(b) the person was found guilty of, convicted of or sentenced for\nan offence committed or alleged to have been committed\nbefore the end date when the person was under 12 years of\nage; or\n(c) the person served a sentence for an offence committed or\nalleged to have been committed before the end date when the\nperson was under 12 years of age; or\n(d) the person was required to pay a fine, costs, restitution,\ncompensation or other money on account of being convicted\nof, or sentenced for, an offence committed or alleged to have\nbeen committed before the end date when the person was\nunder 12 years of age; or\n(e) the person has a charge or conviction expunged under\nsection 4469; or\n(f) a charge or conviction is expunged under section 469; or\n(g) the person incurred any loss, or suffered any consequence, as\na result of an event mentioned in paragraph (a), (b), (c), (d),\n(e) or (f).\n\n","sortOrder":538},{"sectionNumber":"Div 19","sectionType":"division","heading":"Criminal Justice Legislation Amendment (Sexual Offences) Act 2023","content":"Division 19 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023\nCriminal Code Act 1983 336\n","sortOrder":539},{"sectionNumber":"471","sectionType":"section","heading":"Prior lawful acts not affected","content":"471 Prior lawful acts not affected\nNothing in this Division affects anything lawfully done before a\ncharge or conviction is expunged under section 469.\n","sortOrder":540},{"sectionNumber":"472","sectionType":"section","heading":"Application of sections 38A and 43AQ","content":"472 Application of sections 38A and 43AQ\n(1) Sections 38A and 43AQ, as in force immediately after the\ncommencement, apply in relation to:\n(a) offences committed before the commencement but for which a\ntrial or hearing to determine guilt had not begun before the\ncommencement; and\n(b) offences committed after the commencement.\n(2) Sections 38(2) and 43AQ, as in force immediately before the\ncommencement, apply in relation to offences committed before the\ncommencement for which a trial or hearing to determine guilt had\nbegun before the commencement.\n","sortOrder":541},{"sectionNumber":"474","sectionType":"section","heading":"Immunity from civil and criminal liability","content":"474 Immunity from civil and criminal liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith when acting, or purportedly\nacting, in the exercise of a power or performance of a function by\nthe person under this Division.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nDivision 19 Criminal Justice Legislation Amendment (Sexual\nOffences) Act 2023\n","sortOrder":542},{"sectionNumber":"475","sectionType":"section","heading":"Offences – before and after commencement","content":"475 Offences – before and after commencement\n(1) The offence provisions, as inserted or amended by the Criminal\nJustice Legislation Amendment (Sexual Offences) Act 2023, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) Despite subsections (1) and (2):\n(a) section 131A continues to apply in relation to an offence\ncommitted before the commencement only if the person is\ncharged with the offence before the commencement; and\n\n","sortOrder":543},{"sectionNumber":"Div 20","sectionType":"division","heading":"Justice Legislation Amendment (Domestic and Family Violence) Act 2023","content":"Division 20 Justice Legislation Amendment (Domestic and Family Violence) Act 2023\nCriminal Code Act 1983 337\n(b) section 208JI applies in relation to:\n(i) an offence committed after the commencement; and\n(ii) an offence committed before the commencement if the\nperson is not charged, before the commencement, with\nan offence against section 131A.\n(4) For this section, if any of the conduct constituting an offence\ncommencement means the commencement of Part 2 of the\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023.\noffence provisions means the provisions of this Act that create or\nrelate to offences, including provisions that relate to criminal\nresponsibility, defences and penalties.\nsection 131A means section 131A as in force before the\nDivision 20 Justice Legislation Amendment (Domestic and\nFamily Violence) Act 2023\n","sortOrder":544},{"sectionNumber":"476","sectionType":"section","heading":"Definitions","content":"476 Definitions\namending Act means the Justice Legislation Amendment\n(Domestic and Family Violence) Act 2023.\ncommencement means the commencement of Part 4 of the\namending Act.\n","sortOrder":545},{"sectionNumber":"477","sectionType":"section","heading":"Application of amendment to section 188","content":"477 Application of amendment to section 188\n(1) Section 188, as amended by the amending Act, applies only in\n(2) Section 188, as in force before the commencement, continues to\n\nCriminal Code Act 1983 338\n(a) an offence is taken to be committed after the commencement\nonly if all of the conduct constituting the offence occurred after\nthe commencement; and\n(b) any other offence is taken to be committed before the\n","sortOrder":546},{"sectionNumber":"478","sectionType":"section","heading":"Application of presumption","content":"478 Application of presumption\nSection 341B, as inserted by the amending Act, applies in relation\nto an indictment presented or filed in court after the\ncommencement, even if an offence charged in the indictment is\nalleged to be committed before the commencement.\n","sortOrder":547},{"sectionNumber":"479","sectionType":"section","heading":"Definition","content":"479 Definition\ncommencement means the commencement of section 3 of the\nCriminal Code Amendment Act 2024.\n","sortOrder":548},{"sectionNumber":"480","sectionType":"section","heading":"Application of sections 38 and 43AP","content":"480 Application of sections 38 and 43AP\n(1) Sections 38 and 43AP, as in force immediately after the\n(2) Sections 38 and 43AP, as in force immediately before the\nbefore the commencement.\n","sortOrder":549},{"sectionNumber":"481","sectionType":"section","heading":"Application of sections 38A and 43AQ","content":"481 Application of sections 38A and 43AQ\n(1) Sections 38A and 43AQ, as in force immediately after the\n(2) Sections 38A and 43AQ, as in force immediately before the\nbefore the commencement, whether or not a trial or hearing to\ndetermine guilt had begun before the commencement.\n\nSchedule 1 Provisions of Code to which Part IIAA applies\nCriminal Code Act 1983 339\nSchedule 1 Provisions of Code to which Part IIAA applies\nsection 1, definition Schedule 1 provision\nSection 66 (Offences relating to riots)\nSection 103A (Threats or reprisals relating to persons involved in criminal\ninvestigations or judicial proceedings or against public officers)\nPart IV (Offences against the administration of law and justice and against\npublic authority), Division 1 (Disclosure of confidential information and\ncorruption and abuse of office) (other than sections 83, 85 and 86)\nPart V, Division 2 (Child abuse material and indecent articles) and Division 2A\n(Offence relating to human remains)\nSection 148F (Recruiting child to engage in criminal activity)\nPart VI (Offences against the person and related matters), Division 1A\n(Preliminary matters), Subdivision 2 (Interpretation)\nPart VI (Offences against the person and related matters), Division 3\n(Homicide: suicide: concealment of birth) (other than sections 165, 166 and\n170)\nPart VI (Offences against the person and related matters), Division 3A\n(Recklessly endangering life and serious harm, negligently causing serious\nharm and related offences involving vehicles and vessels)\nSection 176A (Drink or food spiking)\nSection 180A (Endangering occupants of vehicles and vessels)\nSection 186AA (Choking, strangling or suffocating in a domestic relationship)\nPart VI (Offences against the person and related matters), Division 7A\n(Recording and distributing intimate images)\nPart VI (Offences against the person and related matters), Division 8\n(Termination of pregnancy)\nPart VI (Offences against the person and related matters), Division 9\n(Defences)\nPart VIA (Sexual offences)\nPart VII (Property offences and related matters)\n\nCriminal Code Act 1983 340\nsection 3(1)\nSouth Australian Acts Repealed in their\nApplication to the Northern Territory\nTitle Year and number\nThe Criminal Law Consolidation Act, 1876 1876, No. 38\nAn Act to amend the \"Minor Offences Procedure\nAct 1869\" and \"The Criminal Law Consolidation\nAct, 1876\"\n1880, No. 166\nThe Criminal Law Consolidation Amendment\nAct, 1885\n1885, No. 358\nThe Children's Protection Act, 1899 1899, No. 730\nThe Criminal Law Amendment Act, 1902 1902, No. 791\nsection 3(2)\nActs Repealed\nTitle Number and year\nIndictments Ordinance 1968 No. 36, 1968\nCriminal Law Amendment Ordinance 1939 No. 17, 1939\nCriminal Law Amendment Ordinance 1940 No. 19, 1940\nCriminal Law Amendment Ordinance 1956 No. 25, 1956\nCriminal Law Amendment Ordinance 1960 No. 17, 1960\nCriminal Law Amendment Ordinance 1964 No. 37, 1964\nCriminal Law Amendment Ordinance 1968 No. 21, 1968\n(No. 2) 1968\nNo. 67, 1968\nCriminal Law Consolidation Ordinance 1969 No. 39, 1969\nOrdinance 1969\nNo. 47, 1969\n\nCriminal Code Act 1983 341\nCriminal Law Consolidation Ordinance 1973 No. 2, 1973\n(No. 2) 1973\nNo. 81, 1973\n(No. 3) 1973\nNo. 6, 1974\nCriminal Law Consolidation Ordinance 1974 No. 13, 1974\nCriminal Law Consolidation Act (No. 2) 1978 No. 121, 1978\nCriminal Law Consolidation Act 1978 No. 127, 1978\nCriminal Law Consolidation Act 1979 No. 25, 1979\nCriminal Law Consolidation Act (No. 2) 1979 No. 110, 1979\nAct 1980\nNo. 7, 1981\nAct 1982\nNo. 40, 1982\nCriminal Law and Procedure Ordinance 1978 No. 64, 1978\nCriminal Law and Procedure Act (No. 2) 1978 No. 126, 1978\nCriminal Law and Procedure Act 1979 No. 93, 1979\nCriminal Law and Procedure Act (No. 2) 1979 No. 108, 1979\nCriminal Law and Procedure Act (No. 3) 1979 No. 142, 1979\nCriminal Law and Procedure Amendment\nAct 1981\nNo. 76, 1981\n\nCriminal Code Act 1983 342\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCriminal Code Act 1983 (Act No. 47, 1983)\nAssent date 4 October 1983\nCommenced ss 406 – 431: 1 March 1986; rem: 1 January 1984 (s 2, Gaz\nG46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nCriminal Code Amendment Act 1984 (Act No. 9, 1984)\nAssent date 29 June 1984\nCommenced 29 June 1984\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, 17 December 1986)\nCriminal Code Amendment Act 1987 (Act No. 42, 1987)\nAssent date 15 October 1987\nCommenced 15 October 1987\nCriminal Code Amendment Act 1988 (Act No. 12, 1988)\nAssent date 30 March 1988\nCommenced 30 March 1988\nStatute Law Revision Act 1988 (Act No. 66, 1988)\nAssent date 22 December 1988\nCommenced 22 December 1988\nCriminal Code Amendment Act 1989 (Act No. 44, 1989)\nAssent date 20 September 1989\nCommenced 25 October 1989 (Gaz G42, 25 October 1989, p 4)\nCriminal Code Amendment Act (No. 2) 1989 (Act No. 71, 1989)\nAssent date 12 December 1989\nCommenced 12 December 1989\n\nCriminal Code Act 1983 343\nCriminal Code Amendment Act 1990 (Act No. 17, 1990)\nAssent date 12 April 1990\nCommenced 1 November 1990 (s 2, s 2 Misuse of Drugs Act 1990 (Act\nNo. 15, 1990) and Gaz G40, 10 October 1990, p 3)\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\nCriminal Code Amendment Act 1991 (Act No. 1, 1991)\nAssent date 22 February 1991\nCommenced 1 January 1984 (s 2)\nCriminal Code Amendment Act (No. 2) 1991 (Act No. 35, 1991)\nAssent date 26 September 1991\nCommenced 1 November 1991 (Gaz S58, 1 November 1991)\nCriminal Code Amendment Act (No. 3) 1991 (Act No. 72, 1991)\nAssent date 6 December 1991\nCommenced 6 December 1991\nDental (Consequential Amendments) Act 1991 (Act No. 75, 1991)\nAssent date 10 December 1991\nCommenced 31 January 1992 (Gaz S7, 31 January 1992)\nCriminal Code Amendment Act 1992 (Act No. 4, 1992)\nAssent date 8 April 1992\nCommenced 8 May 1992 (s 2, s 2 Prostitution Regulation Act 1992 (Act\nNo. 6, 1992) and Gaz S28, 8 May 1992)\nCriminal Code Amendment Act (No. 2) 1992 (Act No. 41, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992\nCriminal Code Amendment Act (No. 3) 1992 (Act No. 83, 1992)\nAssent date 22 December 1992\nCommenced 22 December 1992\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nCriminal Code Amendment Act 1993 (Act No. 72, 1993)\nAssent date 16 November 1993\nCommenced 1 December 1993 (Gaz S95, 1 December 1993)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\n\nCriminal Code Act 1983 344\nCriminal Code Amendment Act 1994 (Act No. 11, 1994)\nAssent date 28 March 1994\nCommenced 3 April 1994 (Gaz S24, 31 March 1994)\nCriminal Code Amendment Act (No. 2) 1994 (Act No. 12, 1994)\nAssent date 31 March 1994\nCommenced 1 December 1994 (s 2, s 2 Police Administration Amendment\nAct 1994 (Act No. 20, 1994) and Gaz S57, 1 December 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994 (s 6(2))\nCriminal Code Amendment Act (No. 3) 1994 (Act No. 13, 1994)\nAssent date 6 April 1994\nCommenced 1 June 1994 (Gaz S35, 20 May 1994)\nCriminal Code Amendment Act (No. 4) 1994 (Act No. 46, 1994)\nAssent date 20 September 1994\nCommenced 1 November 1994 (Gaz G43, 26 October 1994, p 3)\nCriminal Code Amendment Act 1995 (Act No. 55, 1995)\nAssent date 28 December 1995\nCommenced 26 February 1996 (Gaz G7, 14 February 1996, p 2)\nCriminal Code Amendment Act (No. 2) 1995 (Act No. 63, 1995)\nAssent date 28 December 1995\nCommenced 1 August 1996 (Gaz G30, 24 July 1996, p 2)\nCriminal Code Amendment Act 1996 (Act No. 1, 1996)\nAssent date 23 January 1996\nCommenced 23 January 1996\nCriminal Code Amendment Act (No. 2) 1996 (Act No. 11, 1996)\nCommenced 20 May 1996 (Gaz G20, 15 May 1996, p 3)\nCriminal Code Amendment Act (No. 3) 1996 (Act No. 12, 1996)\nCommenced 20 May 1996 (Gaz G20, 15 May 1996, p 3)\nCriminal Code Amendment Act (No. 4) 1996 (Act No. 13, 1996)\nCommenced 10 April 1996\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\n\nCriminal Code Act 1983 345\nBirths, Deaths and Marriages Registration (Consequential Amendments) Act 1996 (Act\nNo. 27, 1996)\nAssent date 28 June 1996\nCommenced 1 January 1997 (s 2, s 2 Births, Deaths and Marriages\nRegistration Act 1996 (Act No. 26, 1996) and Gaz G49,\n4 December 1996, p 5)\nCriminal Code Amendment Act (No. 5) 1996 (Act No. 33, 1996)\nAssent date 5 September 1996\nCommenced 1 November 1996 (Gaz G43, 23 October 1996, p 4)\nCriminal Code Amendment Act (No. 6) 1996 (Act No. 37, 1996)\nAssent date 17 September 1996\nCommenced 17 September 1996\nCriminal Code Amendment Act 1997 (Act No. 4, 1997)\nAssent date 26 March 1997\nCommenced 11 May 1997 (Gaz G18, 7 May 1997, p 2)\nCriminal Code Amendment Act 1998 (Act No. 79, 1998)\nAssent date 21 October 1998\nCommenced 1 December 1998 (Gaz G45, 18 November 1998, p 4)\nCriminal Code Amendment Act (No. 2) 1998 (Act No. 85, 1998)\nAssent date 9 December 1998\nCommenced 15 February 1999 (s 2, s 2 Police Administration Amendment\nAct (No. 2) 1998 (Act No. 87, 1998) and Gaz S6,\n15 February 1999)\nCriminal Code Amendment Act 1999 (Act No. 8, 1999)\nAssent date 9 March 1999\nCommenced 7 April 1999 (Gaz G13, 7 April 1999, p 3)\nCriminal Code Amendment Act (No. 2) 1999 (Act No. 9, 1999)\nAssent date 9 March 1999\nCommenced 7 April 1999 (Gaz G13, 7 April 1999, p 3)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nStatute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)\nAssent date 10 November 1999\nCommenced 10 November 1999\nCriminal Code Amendment Act 2000 (Act No. 3, 2000)\nAssent date 14 March 2000\nCommenced 12 April 2000 (Gaz G14, 12 April 2000, p 3)\nCriminal Code Amendment Act 2001 (Act No. 27, 2001)\nAssent date 19 July 2001\nCommenced 26 September 2001 (Gaz G38, 26 September 2001, p 3)\nCriminal Code Amendment Act (No. 2) 2001 (Act No. 52, 2001)\nAssent date 19 October 2001\nCommenced 22 October 2001 (s 2)\n\nCriminal Code Act 1983 346\nCriminal Code Amendment Act (No. 3) 2001 (Act No. 65, 2001)\nAssent date 21 December 2001\nCommenced 30 January 2002 (Gaz G4, 30 January 2002, p 4)\nCriminal Code Amendment Act 2002 (Act No. 4, 2002)\nAssent date 28 March 2002\nCommenced 8 May 2002 (Gaz G18, 8 May 2002, p 7)\nCriminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002 (Act\nNo. 11, 2002)\nAssent date 7 June 2002\nCommenced 15 June 2002 (s 2)\nCriminal Code Amendment (Witness Intimidation) Act 2002 (Act No. 25, 2002)\nAssent date 5 July 2002\nCommenced 31 July 2002 (Gaz G30, 31 July 2002, p 3)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 3 October 2002, p 3)\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\nSentencing (Crime of Murder) and Parole Reform Act 2003 (Act No. 3, 2004)\nCommenced 11 February 2004 (Gaz G6, 11 February 2004, p 2)\nCriminal Code Amendment Act 2003 (Act No. 4, 2004)\nCommenced 11 February 2004 (Gaz G6, 11 February 2004, p 2)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nCriminal Code Amendment (Child Abuse Material) Act 2004 (Act No. 55, 2004)\nAssent date 25 October 2004\nCommenced 10 November 2004 (Gaz G45, 10 November 2004, p 2)\nCriminal Code Amendment (Money Laundering) Act 2004 (Act No. 59, 2004)\nAssent date 4 November 2004\nCommenced 8 December 2004 (Gaz G49, 8 December 2004, p 3)\nCriminal Code Amendment Act 2005 (Act No. 13, 2005)\nAssent date 17 March 2005\nCommenced 27 April 2005 (Gaz G17, 27 April 2005, p 2)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\n\nCriminal Code Act 1983 347\nCriminal Code Amendment (Criminal Responsibility Reform) Act 2005 (Act No. 37,\n2005)\nAssent date 22 November 2005\nCommenced 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nCriminal Reform Amendment Act 2006 (Act No. 24, 2006)\nAssent date 19 September 2006\nCommenced 19 September 2006\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nCriminal Reform Amendment Act 2006 (Act No. 24, 2006)\nAssent date 19 September 2006\nCommenced 19 September 2006\nCriminal Reform Amendment Act (No. 2) 2006 (Act No. 34, 2006)\nAssent date 3 November 2006\nCommenced 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nJustice Legislation Amendment (Group Criminal Activities) Act 2006 (Act No. 36, 2006)\nAssent date 3 November 2006\nCommenced s 15: 13 December 2006 (Gaz G50, 13 December 2006, p 2);\nrem: 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession\nAct 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime\nAssistance Act 2006 (Act No. 15, 2006) and Gaz G17,\n26 April 2007, p 7); rem: 24 April 2007 (s 2(2))\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nJustice Legislation Amendment Act 2008 (Act No. 2, 2008)\nAssent date 11 March 2008\nCommenced 2 April 2008 (Gaz G13, 2 April 2008, p 6)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nCriminal Code Amendment (Assaults on Drivers of Commercial Passenger Vehicles)\nAct 2008 (Act No. 9, 2008)\nAssent date 15 May 2008\nCommenced 11 June 2008 (Gaz G23, 11 June 2008, p 3)\n\nCriminal Code Act 1983 348\nCriminal Code Amendment (Drink or Food Spiking) Act 2008 (Act No. 10, 2008)\nAssent date 23 May 2008\nCommenced 18 June 2008 (Gaz G24, 18 June 2008, p 6)\nClassification of Publications, Films and Computer Games Amendment Act 2008 (Act\nNo. 25, 2008)\nAssent date 17 October 2008\nCommenced 1 July 2009 (Gaz G25, 24 June 2009, p 2)\nCriminal Code Amendment (Hit and Run and Other Endangerment Offences) Act 2008\n(Act No. 26, 2008)\nAssent date 17 October 2008\nCommenced ss 3 and 4: 17 October 2008 (s 2(1)); rem: 19 November 2008\n(s 2(2) and Gaz S37, 19 November 2008)\nCriminal Code Amendment (Expert Evidence) Act 2009 (Act No. 9, 2009)\nAssent date 26 May 2009\nCommenced 26 May 2009\nCriminal Code Amendment (Bushfires) Act 2009 (Act No. 29, 2009)\nAssent date 11 November 2009\nCommenced 23 December 2009 (Gaz G51, 23 December 2009, p 2)\nSerious Crime Control Act 2009 (Act No. 32, 2009)\nAssent date 11 November 2009\nCommenced 1 December 2011 (Gaz S69, 1 December 2011)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nJustice Legislation Amendment Act 2010 (Act No. 24, 2010)\nAssent date 30 June 2010\nCommenced 21 July 2010 (Gaz G29, 21 July 2010, p 5)\nJustice Legislation Amendment (Committals Reform) Act 2010 (Act No. 31, 2010)\nAssent date 9 September 2010\nCommenced 1 April 2011 (Gaz G13, 30 March 2011, p 8)\nCriminal Code Amendment (Mental Impairment and Unfitness for Trial) Act 2010 (Act\nNo. 33, 2010)\nCommenced 18 November 2010\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\n\nCriminal Code Act 1983 349\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nCriminal Code Amendment (Criminal Damage) Act 2010 (Act No. 5, 2011)\nAssent date 16 March 2011\nCommenced 1 June 2011 (Gaz S19, 4 May 2011)\nCriminal Code Amendment (Sentencing Appeals) Act 2011 (Act No. 10, 2011)\nAssent date 18 April 2011\nCommenced 27 April 2011 (Gaz G17, 27 April 2011, pp 8 – 9)\nCriminal Justice Legislation Amendment Act 2011 (Act No. 32, 2011)\nAssent date 15 November 2011\nCommenced 15 February 2012 (Gaz G7, 15 February, p 6)\nDisability Services Amendment Act 2012 (Act No. 11, 2012)\nAssent date 27 April 2012\nCommenced 20 August 2012 (Gaz G31, 1 August 2012, p 4)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nCriminal Code Amendment (Violent Act Causing Death) Act 2012 (Act No. 25, 2012)\nAssent date 6 December 2012\nCommenced 21 December 2012 (Gaz S75, 17 December 2012)\nCriminal Code Amendment (Assaults on Workers) Act 2013 (Act No. 3, 2013)\nAssent date 14 March 2013\nCommenced 1 May 2013 (Gaz S16, 22 April 2013)\nSerious Sex Offenders Act 2013 (Act No. 9, 2013)\nAssent date 3 May 2013\nCommenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 8 August 2013, p 2)\nCriminal Code Amendment (Cheating at Gambling) Act 2013 (Act No. 24, 2013)\nAssent date 6 September 2013\nCommenced 7 October 2013 (Gaz S50, 7 October 2013)\nCriminal Code Amendment (Female Genital Mutilation) Act 2013 (Act No. 26, 2013)\nAssent date 8 November 2013\nCommenced 4 December 2013 (Gaz G49, 4 December 2013, p 2)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\n\nCriminal Code Act 1983 350\nCriminal Code Amendment (Child Abuse Material) Act 2014 (Act No. 1, 2014)\nAssent date 6 March 2014\nCommenced 2 April 2014 (Gaz G13, 2 April 2014, p 2)\nCriminal Code Amendment (Expert Psychiatric or Medical Evidence) Act 2014 (Act\nNo. 3, 2014)\nAssent date 20 March 2014\nCommenced 2 April 2014 (Gaz S16, 2 April 2014)\nCriminal Code Amendment (Hit and Run) Act 2014 (Act No. 4, 2014)\nAssent date 20 March 2014\nCommenced 2 April 2014 (Gaz S16, 2 April 2014)\nCriminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014)\nAssent date 16 April 2014\nCommenced 1 July 2014 (Gaz S52, 1 July 2014)\nJustice and Other Legislation Amendment Act 2014 (Act No. 11, 2014)\nAssent date 16 April 2014\nCommenced 1 July 2014 (Gaz S54, 1 July 2014)\nCriminal Code Amendment (Presumption of Joint Trials) Act 2014 (Act No. 22, 2014)\nAssent date 2 June 2014\nCommenced 1 July 2014 (Gaz S53, 1 July 2014)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nCriminal Code Amendment (Dangerous Driving During Pursuit) Act 2014 (Act No. 29,\n2014)\nAssent date 18 September 2014\nCommenced 29 October 2014 (Gaz G43, 29 October 2014, p 1)\nCriminal Code Amendment (Remission for Resentencing) Act 2015 (Act No. 5, 2015)\nAssent date 25 March 2015\nCommenced 6 May 2015 (Gaz G18, 6 May 2015, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nBushfires Management Act 2016 (Act No. 14, 2016)\nAssent date 7 June 2016\nCommenced 1 November 2016 (Gaz S111, 27 October 2016, p 1)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\n\nCriminal Code Act 1983 351\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nCriminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2017 (Act\nNo. 8, 2017)\nAssent date 31 May 2017\nCommenced 15 June 2017 (Gaz S31, 15 June 2017)\nTermination of Pregnancy Law Reform Act 2017 (Act No. 7, 2017)\nAssent date 24 April 2017\nCommenced 1 July 2017 (Gaz S38, 28 June 2017)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nCriminal Code Amendment (Dangerous Navigation of Vessels) Act 2017 (Act No. 21,\n2017)\nAssent date 8 November 2017\nCommenced 29 November 2017 (Gaz G48, 29 November 2017, p 2)\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendments) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94\n30 November 2018)\nCriminal Code Amendment (Intimate Images) Act 2018 (Act No. 6, 2018)\nAssent date 19 April 2018\nCommenced 9 May 2018 (Gaz G19, 9 May 2018, p 8)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nBirths, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act\nNo. 30, 2018)\nAssent date 5 December 2018\nCommenced 6 December 2018 (s 2)\nCriminal Code Amendment Act 2019 (Act No. 9, 2019)\nAssent date 28 March 2019\nCommenced 24 April 2019 (Gaz G17, 24 April 2019, p 3)\nCriminal Code Further Amendment Act 2019 (Act No. 10, 2019)\nAssent date 28 March 2019\nCommenced 28 March 2019\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\n\nCriminal Code Act 1983 352\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2020 (Act No. 18,\n2020)\nAssent date 1 July 2020\nCommenced 29 July 2020 (Gaz G29, 22 July 2020, p 1)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nCriminal Code Amendment Act 2021 (Act No. 6, 2021)\nAssent date 13 April 2021\nCommenced 17 May 2021 (Gaz G19, 12 May 2021, p 1)\nTermination of Pregnancy Law Reform Legislation Amendment Act 2021 (Act No. 26,\n2021)\nAssent date 15 December 2021\nCommenced 16 December 2021 (s 2)\nTransport Legislation Amendment Act 2022 (Act No. 1, 2022)\nAssent date 1 March 2022\nCommenced 4 May 2022 (Gaz S20, 29 April 2022)\nSurrogacy Act 2022 (Act No. 8, 2022)\nAssent date 26 May 2022\nCommenced 20 December 2022 (Gaz S66, 20 December 2022)\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz S60, 23 November 2022)\nCriminal Justice Legislation Amendment Act 2022 (Act No. 20, 2022)\nAssent date 12 September 2022\nCommenced 1 November 2022 (Gaz G42, 26 October 2022, p 1)\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\nCriminal Code Amendment (Age of Criminal Responsibility) Act 2022 (Act No. 30, 2022)\nAssent date 16 December 2022\nCommenced 1 August 2023 (Gaz S50, 24 July 2023)\nStatute Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nTrespass Act 2023 (Act No. 7, 2023)\nAssent date 6 April 2023\nCommenced 1 May 2023 (Gaz G9, 27 April 2023, p 1)\n\nCriminal Code Act 1983 353\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33,\n2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nRacing and Wagering Act 2024 (Act No. 8, 2024)\nAssent date 9 April 2024\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 1)\nCriminal Code Amendment Act 2024 (Act No. 18, 2024)\nAssent date 29 October 2024\nCommenced 30 October 2024 (s 2)\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\nAnimal Protection and Related Legislation Amendment Act 2025 (Act No. 22, 2025)\nAssent date 12 September 2025\nCommenced 3 November 2025 (Gaz G22, 30 October 2025, p 1)\n\nCriminal Code Act 1983 354\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 5 Criminal Code Amendment Act 1991 (Act No. 1, 1991)\ns 4 Criminal Code Amendment Act (No. 2) 1995 (Act No. 63, 1995)\ns 6 Criminal Code Amendment (Mental Impairment and Unfitness to be Tried)\nAct 2002 (Act No. 11, 2002)\ns 7 Criminal Code Amendment Act 2003 (Act No. 4, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4 and 6 and sch 1 – ss 1,\n28, 43A, 43M, 43ZA, 43ZG, 43ZI, 75A, 79, 112, 113, 119, 125A, 157, 174FB,\n208A, 226, note for pt VII, div 2A, 236, 244, 341A, 383, 388, 425, 441 and\n453.\n5 LIST OF AMENDMENTS\ns 6 amd No. 17, 1996, s 6\nSCHEDULE I\ns 1 amd No. 9, 1984, s 2; No. 29, 1990, s 7; No. 28, 1993, s 3; No. 84, 1993, s 3;\nNo. 13, 1994, s 3; No. 65, 2001, s 3; No. 38, 2002, s 6; No. 37, 2005, s 4;\nNo. 34, 2006, s 4; No. 36, 2006, s 14; No. 4, 2007, s 2; No. 5, 2011, s 4;\nNo. 24, 2013, s 4; No. 9, 2014, s 4; No. 27, 2014, s 57; No. 9, 2016, s 67;\nNo. 3, 2018, s 8; No. 6, 2018, s 4; No. 30, 2018, s 9; No. 9, 2019, s 4; No. 39,\n2019, s 370; No. 24, 2022, s 4; No. 10, 2023, s 5; No. 20, 2023, s 4; No. 8,\n2024, s 321; No. 14, 2025, s 33; No. 22, 2025, s 30\ns 1A ins No. 37, 2005, s 5\nss 1B – 1C ins No. 34, 2006, s 5\ns 3 amd No. 17, 1996, s 6; No. 34, 2006, s 6; No. 23, 2013, s 8\nsub No. 9, 2016, s 68\ns 6 rep No. 11, 2002, s 3\ns 7 sub No. 9, 1984, s 3\ns 10 amd No. 37, 2005, s 19\ns 12 amd No. 17, 1996, s 6\ns 13 amd No. 30, 2018, s 10\ns 14 amd No. 17, 1996, s 6\ns 16 amd No. 17, 1996, s 6\npt I\ndiv 5 hdg amd No. 17, 1996, s 6\nss 17 – 18 amd No. 17, 1996, s 6\ns 19 amd No. 17, 1996, s 6; No. 37, 2005, s 19; No. 9, 2016, s 74\ns 20 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 21 amd No. 9, 2016, s 74\ns 22 amd No. 66, 1988, s 6\ns 26 amd No. 37, 2005, s 19\ns 27 amd No. 1, 1996, s 2; No. 27, 2001, s 5; No. 37, 2005, s 19\ns 28 amd No. 12, 1996, s 3; No. 27, 2001, s 5; No. 37, 2005, s 19; No. 36, 2006,\ns 15; No. 27, 2014, s 57\ns 29 amd No. 75, 1991, s 3\nrep No. 85, 1998, s 3\nins No. 27, 2001, s 3\namd No. 37, 2005, s 19\n\nCriminal Code Act 1983 355\ns 31 amd No. 12, 1996, s 6; No. 13, 2005, s 4; No. 37, 2005, s 6; No. 9, 2016, s 74\ns 33 amd No. 34, 2006, s 7\ns 34 amd No. 37, 2005, s 19\nrep No. 34, 2006, s 8\nss 35 – 36 rep No. 11, 2002, s 3\ns 37 amd No. 24, 2006, s 3\nrep No. 34, 2006, s 8\ns 38 sub No. 30, 2022, s 4; No. 18, 2024, s 4\ns 38A ins No. 30, 2022, s 4\namd No. 18, 2024, s 5\ns 40 amd No. 12, 1996, s 6; No. 37, 2005, s 19; No. 34, 2006, s 9; No. 9, 2016,\ns 74\ns 41 amd No. 12, 1996, s 6\nrep No. 34, 2006, s 10\ns 42 rep No. 32, 2011, s 14\ns 43 amd No. 12, 1996, s 6\npt IIAA hdg ins No. 37, 2005, s 7\ndiv 1 hdg ins No. 37, 2005, s 7\ns 43AA ins No. 37, 2005, s 7\namd No. 34, 2006, s 11; No. 9, 2016, s 74; No. 26, 2020, s 3; No. 6, 2021, s 4\ndiv 2 hdg ins No. 37, 2005, s 7\nsubdiv 1 hdg ins No. 37, 2005, s 7\nss 43AB –\n43AC ins No. 37, 2005, s 7\ns 43ACA ins No. 26, 2008, s 4\nsubdiv 2 hdg ins No. 37, 2005, s 7\nss 43AD –\n43AG ins No. 37, 2005, s 7\ns 43AGA ins No. 24, 2022, s 5\nsubdiv 3 hdg ins No. 37, 2005, s 7\nss 43AH –\n43AM ins No. 37, 2005, s 7\nsubdiv 4 hdg ins No. 37, 2005, s 7\nss 43AN –\n43AO ins No. 37, 2005, s 7\ndiv 3 hdg ins No. 37, 2005, s 7\nsubdiv 1 hdg ins No. 37, 2005, s 7\ns 43AP ins No. 37, 2005, s 7\nsub No. 30, 2022, s 5; No. 18, 2024, s 6\ns 43AQ ins No. 37, 2005, s 7\nsub No. 30, 2022, s 5\namd No. 18, 2024, s 7\nsubdiv 2 hdg ins No. 37, 2005, s 7\n\nCriminal Code Act 1983 356\nss 43AR –\n43AV ins No. 37, 2005, s 7\nsubdiv 3 hdg ins No. 37, 2005, s 7\nss 43AW –\n43AZ ins No. 37, 2005, s 7\nsubdiv 4 hdg ins No. 37, 2005, s 7\nss 43BA –\n43BE ins No. 37, 2005, s 7\ndiv 4 hdg ins No. 37, 2005, s 7\ns 43BF ins No. 37, 2005, s 7\namd No. 6, 2021, s 5\ns 43BG ins No. 37, 2005, s 7\namd No. 6, 2021, s 6\ns 43BGA ins No. 6, 2021, s 7\ns 43BH ins No. 37, 2005, s 7\namd No. 6, 2021, s 8\ns 43BI ins No. 37, 2005, s 7\namd No. 23, 2013, s 8\ns 43BJ ins No. 37, 2005, s 7\namd No. 34, 2006, s 12; No. 6, 2008, s 3\ns 43BJA ins No. 34, 2006, s 13\namd No. 6, 2021, s 9\ndiv 5 hdg ins No. 37, 2005, s 7\ns 43BK ins No. 37, 2005, s 7\nss 43BL –\n43BP ins No. 37, 2005, s 7\ndiv 6 hdg ins No. 37, 2005, s 7\nss 43BQ –\n43BX ins No. 37, 2005, s 7\ndiv 7 hdg ins No. 37, 2005, s 7\nss 43BY –\n43CD ins No. 37, 2005, s 7\npt IIA hdg ins No. 11, 2002, s 4\ndiv 1 hdg ins No. 11, 2002, s 4\ns 43A ins No. 11, 2002, s 4\namd No. 35, 2010, s 3; No. 27, 2014, s 57; No. 9, 2016, s 74; No. 15, 2016,\ns 117\ns 43B ins No. 11, 2002, s 4\ndiv 2 hdg ins No. 11, 2002, s 4\nss 43C – 43D ins No. 11, 2002, s 4\ns 43E ins No. 11, 2002, s 4\namd No. 8, 2017, s 4\nss 43F – 43H ins No. 11, 2002, s 4\ns 43I ins No. 11, 2002, s 4\namd No. 35, 2010, s 4; No. 27, 2014, s 57\ndiv 3 hdg ins No. 11, 2002, s 4\n\nCriminal Code Act 1983 357\nss 43J – 43L ins No. 11, 2002, s 4\ns 43M ins No. 11, 2002, s 4\namd No. 31, 2010, s 28; No. 9, 2016, s 74\ns 43N ins No. 11, 2002, s 4\ns 43O ins No. 11, 2002, s 4\namd No. 35, 2010, s 5; No. 27, 2014, s 57\nss 43P – 43Q ins No. 11, 2002, s 4\ns 43R ins No. 11, 2002, s 4\namd No. 35, 2010, s 6; No. 27, 2014, s 57; No. 8, 2017, s 5\nss 43S – 43U ins No. 11, 2002, s 4\ndiv 4 hdg ins No. 11, 2002, s 4\nss 43V – 43X ins No. 11, 2002, s 4\nss 43XA –\n43XB ins No. 8, 2017, s 6\ns 43Y ins No. 11, 2002, s 4\namd No. 35, 2010, s 7; No. 27, 2014, s 57; No. 8, 2017, s 7\ndiv 5 hdg ins No. 11, 2002, s 4\ns 43Z ins No. 11, 2002, s 4\namd No. 8, 2017, s 8\ns 43ZA ins No. 11, 2002, s 4\namd No. 35, 2010, s 8; No. 11, 2012, s 12; No. 27, 2014, s 57\ns 43ZB ins No. 11, 2002, s 4\namd No. 35, 2010, s 9\ns 43ZC ins No. 11, 2002, s 4\ns 43ZD ins No. 11, 2002, s 4\namd No. 35, 2010, s 10; No. 27, 2014, s 57\ns 43ZE ins No. 11, 2002, s 4\namd No. 35, 2010, s 11; No. 27, 2014, s 57\ns 43ZF ins No. 11, 2002, s 4\ns 43ZG ins No. 11, 2002, s 4\namd No. 4, 2004, s 3; No. 35, 2010, s 12; No. 27, 2014, s 57\ns 43ZH ins No. 11, 2002, s 4\ns 43ZI ins No. 11, 2002, s 4\namd No. 11, 2012, s 13\ndiv 6 hdg ins No. 11, 2002, s 4\ns 43ZJ ins No. 11, 2002, s 4\ns 43ZK ins No. 11, 2002, s 4\namd No. 35, 2010, s 13\ns 43ZL ins No. 11, 2002, s 4\nsub No. 4, 2004, s 4\ndiv 7 hdg ins No. 11, 2002, s 4\ns 43ZLA ins No. 11, 2002, s 4\namd No. 35, 2010, s 14\ns 43ZM ins No. 11, 2002, s 4\ns 43ZN ins No. 11, 2002, s 4\namd No. 4, 2004, s 5; No. 44, 2005, s 5; No. 35, 2010, s 15\ndiv 8 hdg ins No. 11, 2002, s 4\ns 43ZO ins No. 11, 2002, s 4\nsub No. 35, 2010, s 16\ns 43ZP ins No. 11, 2002, s 4\ns 43ZPA ins No. 35, 2010, s 17\ns 43ZQ ins No. 11, 2002, s 4\n\nCriminal Code Act 1983 358\nss 45 – 46 amd No. 17, 1996, s 6\ns 47 amd No. 29, 1990, s 7; No. 17, 1996, s 6\ns 50 amd No. 9, 1984, s 4; No. 37, 2005, s 19\ns 51 sub No. 9, 1984, s 5\namd No. 17, 1996, s 6\ns 52 sub No. 9, 1984, s 5\ns 53 amd No. 9, 1984, s 6\ns 55 amd No. 17, 1996, s 6\ns 65 amd No. 9, 2016, s 74\ns 66 sub No. 36, 2006, s 16\nss 67 – 68 rep No. 36, 2006, s 16\ns 69 amd No. 9, 2016, s 74\ns 70 amd No. 37, 2005, s 19; No. 9, 2016, s 74\ns 71 amd No. 9, 2016, s 74\ns 72 amd No. 34, 2006, s 14; No. 9, 2016, s 74; No. 20, 2023, s 5\ns 72A ins No. 20, 2023, s 6\nss 73 – 75 amd No. 9, 2016, s 74\ndiv 1 hdg sub No. 3, 2018, s 9\nsdiv 1 hdg ins No. 3, 2018, s 9\ns 75A ins No. 3, 2018, s 9\namd No. 24, 2022, s 6\nss 75B – 75D ins No. 3, 2018, s 9\nsdiv 2 hdg ins No. 3, 2018, s 9\ns 76 amd No. 9, 2016, s 74\ndiv 2 hdg rep No. 3, 2018, s 9\nss 77 – 78 amd No. 9, 2016, s 74\ns 79 amd No. 28, 1993, s 3; No. 9, 2016, s 74\namd No. 39, 2019, s 370\ns 80 amd No. 9, 2016, s 74\ns 81 amd No. 9, 2016, s 74\namd No. 24, 2022, s 7\ns 82 amd No. 9, 2016, s 74\nrep No. 3, 2018, s 9\ns 83 amd No. 9, 2016, s 74\ns 84 amd No. 9, 2016, s 74\nrep No. 3, 2018, s 10\ns 85 amd No. 40, 2010, s 21; No. 9, 2016, s 74\ns 86 amd No. 9, 2016, s 74\ns 86A ins No. 3, 2018, s 11\nss 87 – 88 amd No. 9, 2016, s 74\ns 89 amd No. 84, 1993, s 3; No. 17, 1996, s 6; No. 9, 2016, s 74\nss 90 – 91 amd No. 9, 2016, s 74\ns 92 amd No. 28, 1993, s 3; No. 9, 2016, s 74\nss 93 – 94 amd No. 9, 2016, s 74\ns 95 amd No. 40, 2010, s 22; No. 9, 2016, s 74\ns 96 amd No. 9, 2016, s 74\ns 97 amd No. 17, 1996, s 6; No. 9, 2016, s 74\n\nCriminal Code Act 1983 359\ns 98 amd No. 17, 1996, s 6\nss 99 – 103 amd No. 9, 2016, s 74\ns 103A ins No. 25, 2002, s 3\nsub No. 32, 2009, s 89\namd No. 24, 2022, s 8\ns 104 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 105 amd No. 9, 2016, s 74\ns 106 amd No. 12, 1988, s 2; No. 9, 2016, s 74\nss 107 – 108 amd No. 9, 2016, s 74\ns 109 amd No. 12, 2010, s 3; No. 9, 2016, s 74\ns 110 amd No. 27, 2014, s 57; No. 9, 2016, s 74\ns 111 amd No. 44, 1989, s 3; No. 27, 2014, s 57; No. 9, 2016, s 74\ns 112 amd No. 44, 1989, s 4; No. 17, 1996, s 6; No. 9, 2013, s 121; No. 9, 2016,\ns 74\ns 113 amd No. 27, 2014, s 57; No. 9, 2016, s 74; No. 20, 2023, s 17\ns 114 amd No. 9, 2016, s 74\ns 115 amd No. 27, 2014, s 57; No. 9, 2016, s 74\nss 116 – 117 amd No. 9, 2016, s 74\ns 118 amd No. 40, 2010, s 23; No. 9, 2016, s 74\ns 119 amd No. 40, 2010, s 24; No. 9, 2016, s 74\ns 120 amd No. 17, 1996, s 6; No. 9, 2016, s 74\nss 121 – 124 amd No. 9, 2016, s 74\ns 125 amd No. 9, 2016, s 74; No. 16, 2022, s 222\npt V\ndiv 2 hdg amd No. 20, 2023, s 17\nsub No. 22, 2025, s 31\npt V\nsubdiv 1 hdg ins No. 13, 1996, s 2\nsub No. 55, 2004, s 3\nom No. 20, 2023, s 17\ns 125A ins No. 13, 1996, s 2\namd No. 37, 1996, s 2; No. 55, 2004, s 4; No. 25, 2008, s 29; No. 1, 2014,\ns 4; No. 20, 2023, s 17; No. 22, 2025, s 32\ns 125AB ins No. 1, 2014, s 5\namd No. 22, 2025, s 33\ns 125AC ins No. 1, 2014, s 5\namd No. 22, 2025, s 34\ns 125B ins No. 13, 1996, s 2\namd No. 37, 1996, s 3\nsub No. 55, 2004, s 5\namd No. 1, 2014, s 6; No. 9, 2016, s 74\ns 125C ins No. 13, 1996, s 2\namd No. 23, 2013, s 8\ns 125D ins No. 37, 1996, s 4\nsub No. 26, 2015, s 15; No. 20, 2023, s 7\ns 125DA ins No. 22, 2025, s 35\ns 125E ins No. 55, 2004, s 6\namd No. 22, 2025, s 36\ns 125F ins No. 55, 2004, s 6\namd No. 20, 2023, s 8; No. 22, 2025, s 37\n\nCriminal Code Act 1983 360\npt V\nsubdiv 2 hdg ins No. 13, 1996, s 2\npt V\ndiv 2A hdg ins No. 20, 2023, s 9\ns 126 amd No. 13, 1994, s 4; No. 1, 2004, s 4\nsub No. 20, 2023, s 9\ns 127 amd No. 13, 1994, s 14\nsub No. 1, 2004, s 5\ns 128 amd No. 13, 1994, s 14\nsub No. 1, 2004, s 5\namd No. 27, 2014, s 57; No. 9, 2016, s 74; No. 30, 2018, s 11\ns 129 amd No. 13, 1994, s 14\nrep No. 1, 2004, s 5\ns 130 amd No. 13, 1994, s 5\nsub No. 11, 1996, s 3\namd No. 1, 2004, s 6; No. 9, 2016, s 74; No. 30, 2018, s 12\ns 131 amd No. 13, 1994, s 6; No. 11, 1996, s 4; No. 1, 2004, s 7; No. 9, 2016, s 74\ns 131A ins No. 13, 1994, s 7\namd No. 1, 2004, s 8; No. 9, 2016, s 74\ns 132 sub No. 13, 1994, s 8\namd No. 1, 2004, s 9; No. 9, 2016, s 74\ns 133 amd No. 9, 2016, s 74\ns 134 amd No. 13, 1994, s 14\nsub No. 1, 2004, s 10\ns 135 amd No. 13, 1994, s 14\nrep No. 1, 2004, s 11\ns 136 rep No. 4, 1992, s 3\ns 137 sub No. 83, 1992, s 2\nrep No. 13, 1996, s 3\ns 137A ins No. 83, 1992, s 2\nrep No. 13, 1996, s 3\ns 138 amd No. 13, 1994, s 9; No. 9, 2016, s 74\ns 139 amd No. 9, 2016, s 74\ns 139A ins No. 13, 1994, s 10\ns 140 amd No. 9, 2016, s 74\nss 141 – 147 rep No. 17, 1990, s 3\ns 148 amd No. 9, 2016, s 74\npt V\ndiv 4 hdg ins No. 8, 1999, s 3\ns 148A ins No. 8, 1999, s 3\n\nCriminal Code Act 1983 361\nss 148B –\n148D ins No. 8, 1999, s 3\ns 148E ins No. 8, 1999, s 3\npt V\ndiv 5 hdg ins No. 6, 2021, s 10\ns 148F ins No. 6, 2021, s 10\ndiv 1A hdg ins No. 27, 2001, s 4\nsub No. 34, 2006, s 15\ndiv 1A\nsubdiv 1 hdg ins No. 34, 2006, s 15\ns 149A ins No. 27, 2001, s 4\ndiv 1A\nsubdiv 2 hdg ins No. 34, 2006, s 16\ns 149B ins No. 34, 2006, s 16\namd No. 6, 2018, s 5; No. 20, 2023, s 17\ns 149C ins No. 34, 2006, s 16\ndiv 2 hdg sub No. 13, 2005, s 5; No. 37, 2005, s 8\ns 154 amd No. 9, 1984, s 7; No. 1, 1991, s 4\nrep No. 37, 2005, s 9\ns 155 amd No. 9, 2016, s 74\ns 155A ins No. 13, 2005, s 6\namd No. 5, 2007 s 37; No. 9, 2016, s 74\ndiv 3 hdg amd No. 4, 2023, s 23\ns 156 sub No. 34, 2006, s 17\ns 157 sub No. 34, 2006, s 17\namd No. 5, 2007 s 37; No. 9, 2016, s 74\nss 158 – 159 sub No. 34, 2006, s 17\ns 160 amd No. 37, 2005, s 19\nsub No. 34, 2006, s 17\ns 161 sub No. 34, 2006, s 17\ns 161A ins No. 25, 2012, s 4\ns 162 amd No. 55, 1995, s 3; No. 37, 2005, s 19\nsub No. 34, 2006, s 17\ns 163 sub No. 37, 2005, s 10; No. 34, 2006, s 17\ns 164 amd No. 17, 1996, s 6\nsub No. 3, 2004, s 4\namd No. 33, 2005, s 5\nrep No. 34, 2006, s 17\nss 165 – 166 amd No. 9, 2016, s 74\ns 167 rep No. 34, 2006, s 18\ns 168 amd No. 1, 1996, s 3\nrep No. 34, 2006, s 18\ns 169 rep No. 1, 1996, s 4\ns 170 amd No. 9, 2016, s 74\nss 171 – 174 rep No. 34, 2006, s 18\n\nCriminal Code Act 1983 362\ndiv 3A hdg ins No. 37, 2005, s 12\namd No. 29, 2014, s 4; No. 21, 2017, s 4\nsubdiv 1 hdg ins No. 37, 2005, s 12\ns 174A ins No. 37, 2005, s 12\nrep No. 34, 2006, s 18\ns 174B ins No. 37, 2005, s 12\ns 174FC ins No. 21, 2017, s 5\nsubdiv 2 hdg ins No. 37, 2005, s 12\nss 174C –\n174E ins No. 37, 2005, s 12\namd No. 23, 2013, s 8; No. 9, 2016, s 74\ns 174F ins No. 37, 2005, s 12\namd No. 23, 2013, s 8; No. 9, 2016, s 74; No. 1, 2022, s 4\ns 174FA ins No. 26, 2008, s 5\namd No. 4, 2014, s 4; No. 9, 2016, s 74\ns 174FB ins No. 29, 2014, s 5\nsubdiv 3 hdg ins No. 37, 2005, s 12\ns 174G ins No. 37, 2005, s 12\ns 174H ins No. 37, 2005, s 12\ndiv 4 hdg sub No. 37, 2005, s 13; No. 10, 2008, s 4\nss 175 – 176 amd No. 9, 2016, s 74\ns 176A ins No. 10, 2008, s 5\ns 177 amd No. 37, 2005, s 19; No. 5, 2007, s 37; No. 24, 2010, s 4; No. 9, 2016,\ns 74\nss 178 – 180 amd No. 9, 2016, s 74\ns 180A ins No. 26, 2008, s 6\nss 181 – 182 amd No. 37, 2005, s 19; No. 9, 2016, s 74\nss 183 – 184 amd No. 9, 2016, s 74\ns 185 amd No. 37, 2005, s 19; No. 9, 2016, s 74\ns 186 amd No. 17, 1996, s 6; No. 37, 2005, s 19; No. 9, 2016, s 74\ns 186AA ins No. 18, 2020, s 6\ndiv 4A hdg ins No. 63, 1995, s 3\ns 186A ins No. 63, 1995, s 3\namd No. 27, 1999, s 4; No. 44, 2005, s 6; No. 18, 2010, s 89; No. 17, 2012,\ns 55; No. 28, 2018, s 25\ns 186B ins No. 63, 1995, s 3\ns 186C ins No. 63, 1995, s 3\namd No. 26, 2013, s 4; No. 9, 2016, s 74\ns 186D ins No. 63, 1995, s 3\ns 187 amd No. 37, 2005, s 19; No. 9, 2019, s 5\ns 188 sub No. 9, 1984, s 8\namd No. 13, 1994, s 11; No. 17, 1996, s 6; No. 37, 2005, s 19; No. 9, 2008,\ns 4; No. 3, 2013, s 4; No. 9, 2016, s 74; No. 33, 2023, s 46; No. 20, 2023,\ns 10\n\nCriminal Code Act 1983 363\ns 188A ins No. 3, 2013, s 5\namd No. 9, 2016, s 7; No. 9, 2019, s 6; No. 20, 2022, s 4\ns 189A ins No. 12, 1994, s 3\namd No. 17, 1996, s 6; No. 37, 2005, s 19; No. 9, 2016, s 74; No. 9, 2019, s 7\ns 189 rep No. 9, 1984, s 8\nins No. 11, 1994, s 3\namd No. 65, 2001, s 4\ns 190 amd No. 9, 2016, s 74; No. 18, 2017, s 33\ns 191 amd No. 9, 2016, s 74\ns 192 sub No. 13, 1994, s 12\namd No. 37, 2005, s 14; No. 23, 2013, s 8; No. 9, 2016, s 74\nrep No. 20, 2023, s 11\nss 192A –\n192B ins No. 13, 1994, s 12\nrep No. 20, 2023, s 11\ns 193 amd No. 9, 2016, s 74\ndiv 5A hdg ins No. 24, 2022, s 9\nss 193A –\n193B ins No. 24, 2022, s 9\ns 194 amd No. 37, 2005, s 19; No. 9, 2016, s 74\nss 195 – 200 amd No. 9, 2016, s 74\ns 201 amd No. 13, 1994, s 14; No. 1, 2004, s 11; No. 9, 2016, s 74\ns 202 amd No. 1, 2004, s 12; No. 9, 2016, s 74; No. 8, 2022, s 66\ndiv 6A hdg ins No. 4, 2002, s 3\ns 202A ins No. 4, 2002, s 3\nss 202B –\n202E ins No. 4, 2002, s 3\nss 204 – 208 amd No. 9, 2016, s 74\ndiv 7A hdg ins No. 6, 2018, s 6\ns 208AA ins No. 6, 2018, s 6\ns 208AAB ins No. 20, 2023, s 12\ns 208AB ins No. 6, 2018, s 6\nss 208AC –\n208AE ins No. 6, 2018, s 6\ndiv 8 hdg ins No. 34, 2006, s 19\nsub No. 7, 2017, s 20\ns 208A ins No. 34, 2006, s 19\nsub No. 7, 2017, s 20\namd No. 28, 2018, s 25; No. 26, 2021, s 12\nss 208B –\n208C ins No. 34, 2006, s 19\nrep No. 7, 2017, s 20\ndiv 9 hdg ins No. 34, 2006, s 19\ns 208D\nins No. 34, 2006, s 19\ns 208E ins No. 34, 2006, s 19\ns 208F ins No. 34, 2006, s 19\n\nCriminal Code Act 1983 364\npt VIA hdg ins No. 20, 2023, s 13\ndiv 1 hdg ins No. 20, 2023, s 13\ns 208G ins No. 20, 2023, s 13\namd No. 4, 2024, s 73\nss 208GA –\n208GE ins No. 20, 2023, s 13\ndiv 2 hdg ins No. 20, 2023, s 13\nss 208H –\n208HF ins No. 20, 2023, s 13\ndiv 3 hdg ins No. 20, 2023, s 13\nss 208J –\n208JM ins No. 20, 2023, s 13\ndiv 4 hdg ins No. 20, 2023, s 13\nss 208K –\n208KE ins No. 20, 2023, s 13\ndiv 5 hdg ins No. 20, 2023, s 13\nss 208L –\n208LG ins No. 20, 2023, s 13\ndiv 6 hdg ins No. 20, 2023, s 13\nss 208M –\n208MC ins No. 20, 2023, s 13\ndiv 7 hdg ins No. 20, 2023, s 13\ns 208N ins No. 20, 2023, s 13\namd No. 22, 2025, s 38\ns208NA ins No. 20, 2023, s 13\ndiv 8 hdg ins No. 20, 2023, s 13\nss 208P –\n208PF ins No. 20, 2023, s 13\ndiv 1 hdg sub No. 24, 2022, s 10\nsdiv 1 hdg ins No. 24, 2022, s 10\ns 209 sub No. 24, 2022, s 10\ns 210 amd No. 9, 2016, s 74\nss 211 – 212 amd No. 37, 2005, s 19; No. 9, 2016, s 74\ns 213 amd No. 9, 2016, s 74\ns 214 amd No. 17, 1996, s 6; No. 9, 2016, s 74\nss 215 – 216 amd No. 9, 2016, s 74\nsdiv 2 hdg ins No. 24, 2022, s 10\nss 217 – 225 amd No. 9, 2016, s 74\n\nCriminal Code Act 1983 365\ns 226 amd No. 37, 2010, s 13; No. 9, 2016, s 74\ndiv 1A hdg ins No. 52, 2001, s 4\nrep No. 24, 2022, s 10\nss 226A –\n226B ins No. 52, 2001, s 4\nrep No. 24, 2022, s 10\ndiv 2 hdg rep No. 24, 2022, s 10\ns 227 amd No. 65, 2001, s 5; No. 9, 2016, s 74\ns 228 amd No. 9, 2016, s 74\nss 228AA –\n228AB ins No. 24, 2022, s 10\ndiv 2 hdg ins No. 24, 2022, s 10\nsdiv 1 hdg ins No. 24, 2022, s 10\nss 228AC –\n228AG ins No. 24, 2022, s 10\nsdiv 2 hdg ins No. 24, 2022, s 10\nss 228AH –\n228AO ins No. 24, 2022, s 10\ndiv 2A hdg ins No. 9, 2014, s 5\nss 228A –\n228B ins No. 9, 2014, s 5\nss 228C –\n228E ins No. 9, 2014, s 5\ns 228F ins No. 9, 2014, s 5\ndiv 3 hdg sub No. 24, 2022, s 11\nss 229 – 231 amd No. 9, 2016, s 74\ndiv 3A hdg ins No. 59, 2004, s 3\ns 231A ins No. 59, 2004, s 3\nss 231B –\n231E ins No. 59, 2004, s 3\ns 231F ins No. 59, 2004, s 3\ndiv 4 hdg rep No. 24, 2022, s 11\nss 232 – 235 amd No. 9, 2016, s 74\n\nCriminal Code Act 1983 366\ndiv 5 hdg rep No. 24, 2022, s 11\ns 236 amd No. 7, 2007, s 16; No. 36, 2013, s 139; No. 9, 2016, s 74\ns 236A ins No. 24, 2022, s 11\ns 237 amd No. 9, 2016, s 74\ndiv 4 hdg ins No. 24, 2022, s 11\nss 236B –\n236D ins No. 24, 2022, s 11\ndiv 5 hdg ins No. 24, 2022, s 11\nss 236E –\n236N ins No. 24, 2022, s 11\ndiv 5A hdg ins No. 24, 2013, s 5\ndiv 5A\nsdiv 1 hdg ins No. 24, 2013, s 5\nss 237A –\n237F ins No. 24, 2013, s 5\ndiv 5A\nsdiv 2 hdg ins No. 24, 2013, s 5\ns 237G ins No. 24, 2013, s 5\nss 237H –\n237L ins No. 24, 2013, s 5\ns 237M ins No. 24, 2013, s 5\ns 237N ins No. 24, 2013, s 5\nrep No. 8, 2024, s 322\ndiv 6 hdg sub No. 5, 2011, s 5\nsdiv 1 hdg ins No. 5, 2011, s 5\nss 238 – 240 sub No. 5, 2011, s 5\ns 240A ins No. 29, 2009, s 4\nrep No. 5, 2011, s 5\nsdiv 2 hdg ins No. 5, 2011, s 5\ns 241 sub No. 5, 2011, s 5\namd No. 9, 2016, s 74; No. 24, 2022, s 12\ns 241A ins No. 18, 2024, s 8\nss 242 – 243 sub No. 5, 2011, s 5\ns 244 sub No. 5, 2011, s 5\namd No. 9, 2016, s 74; No. 14, 2016, s 120\ns 245 sub No. 5, 2011, s 5\n\nCriminal Code Act 1983 367\nss 246 – 247 sub No. 5, 2011, s 5\nsdiv 3 hdg ins No. 5, 2011, s 5\nss 248 – 249 sub No. 5, 2011, s 5\ndiv 7 hdg ins No. 24, 2022, s 13\ns 250 rep No. 5, 2011, s 5\ns 251 amd No. 52, 2001, s 5\nrep No. 5, 2011, s 5\nss 252 – 255 rep No. 5, 2011, s 5\ndiv 8 hdg ins No. 24, 2022, s 13\nss 256 – 257 rep No. 5, 2011, s 5\ndiv 7 hdg rep No. 24, 2022, s 13\nss 258 – 266 amd No. 9, 2016, s 74\ns 267 rep No. 27, 1996, s 4\ns 268 amd No. 9, 2016, s 74\ns 269 amd No. 48, 1999, s 3; No. 9, 2016, s 74\ndiv 8 hdg rep No. 24, 2022, s 13\nss 270 – 271 amd No. 9, 2016, s 74\ndiv 9 hdg rep No. 24, 2022, s 13\nss 272 – 275 amd No. 9, 2016, s 74\ndiv 10 hdg sub No. 65, 2001, s 6; No. 24, 2022, s 14\ns 276 sub No. 65, 2001, s 6\ns 276A ins No. 65, 2001, s 6\nss 276B –\n276D ins No. 65, 2001, s 6\ns 276E ins No. 65, 2001, s 6\namd No. 9, 2016, s 74; No. 24, 2022, s 15\ns 276F ins No. 65, 2001, s 6\npt VIIA\ndiv 2 hdg ins No. 24, 2022, s 16\ns 276G ins No. 24, 2022, s 16\npt VIIA\ndiv 3 hdg ins No. 18, 2024, s 9\ns 276H ins No. 18, 2024, s 9\ns 277 amd No. 17, 1996, s 6; No. 9, 2016, s 69\ns 278 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 279 amd No. 17, 1996, s 6\nrep No. 9, 1999, s 3\ns 281 amd No. 9, 2016, s 74\n\nCriminal Code Act 1983 368\ns 282 amd No. 17, 1996, s 6; No. 9, 2016, s 74\nss 283 – 284 amd No. 9, 2016, s 74\ns 285 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 286 amd No. 12, 2010, s 3; No. 9, 2016, s 74\ns 287 rep No. 34, 2006, s 20\nss 288 – 289 amd No. 9, 2016, s 74\ns 291 sub No. 30, 2018, s 13\ns 292 amd No. 17, 1996, s 6\ns 293 amd No. 9, 2016, s 74\ns 294 amd No. 17, 1996, s 6; No. 9, 2016, s 70\ndiv 1 hdg amd No. 9, 1984, s 9\ns 295 amd No. 9, 2016, s 74\ns 296 amd No. 9, 1984, s 10\nrep No. 9, 2016, s 71\ns 297 amd No. 9, 2016, s 74\ns 297A ins No. 9, 1984, s 11\ns 298 amd No. 29, 1990, s 7; No. 9, 2016, s 74\ns 299 amd No. 9, 1984, s 12; No. 9, 2016, s 74\ns 301 amd No. 27, 2014, s 57; No. 9, 2016, s 74\ns 302 amd No. 29, 1990, s 7; No. 3, 2000, s 4\ns 308 amd No. 9, 2016, s 74\ns 309 amd No. 22, 2014, s 4; No. 24, 2022, s 17\ns 310 amd No. 44, 1989, s 5; No. 24, 2022, s 18\ns 314 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 315 amd No. 9, 1984, s 13; No. 17, 1996, s 6\ns 316 amd No. 17, 1996, s 6; No. 37, 2005, s 15; No. 9, 2016, s 74; No. 21, 2017,\ns 6; No. 9, 2019, s 8\ns 317 amd No. 17, 1996, s 6; No. 34, 2006, s 21; No. 9, 2016, s 74\ns 318 amd No. 17, 1996, s 6; No. 44, 2003, s 5; No. 37, 2005, s 16; No. 9, 2016,\ns 74\ns 319 amd No. 9, 1984, s 14; No. 13, 1994, s 13; No. 17, 1996, s 6; No. 1, 2004,\ns 13; No. 9, 2016, s 74\nrep No. 20, 2023, s 14\ns 320 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 321 amd No. 17, 1996, s 6\ns 322 amd No. 17, 1996, s 6\nsub No. 24, 2022, s 19\ns 323 amd No. 17, 1996, s 6\nsub No. 9, 1999, s 4; No. 24, 2022, s 19\nss 324 – 325 amd No. 17, 1996, s 6\nss 326 – 327 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 328 amd No. 17, 1996, s 6; No. 9, 2016, s 74\nsub No. 24, 2022, s 20\ns 329 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ndiv 4 hdg sub No. 9, 2009, s 3\ns 331 amd No. 48, 1986, s 9; No. 29, 1990, s 7\ns 331A ins No. 9, 2009, s 4\namd No. 40, 2010, s 25\ns 331B ins No. 3, 2014, s 4\ns 332 amd No. 9, 1984, s 15\ns 333 sub No. 9, 1984, s 16\ns 334 amd No. 40, 2010, s 26\ns 336 amd No. 9, 1984, s 17; No. 9, 2016, s 74\ns 341 amd No. 40, 2010, s 27; No. 22, 2014, s 5; No. 33, 2023, s 47\ns 341A ins No. 22, 2014, s 6\ns 341B ins No. 33, 2023, s 48\n\nCriminal Code Act 1983 369\ns 342 amd No. 17, 1996, s 6\ns 344 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 345 amd No. 9, 1984, s 18\nss 346 – 347 amd No. 17, 1996, s 6\ns 348 amd No. 79, 1998, s 3\ns 348A ins No. 79, 1998, s 4\ns 350 amd No. 40, 2010, s 28\ns 351A ins No. 2, 2008, s 7\ns 352 amd No. 40, 2010, s 29\ns 353 amd No. 40, 2010, s 30\ns 356 amd No. 40, 2010, s 31\ns 357 amd No. 9, 1984, s 19\nrep No. 11, 2002, s 5\ns 358 amd No. 40, 2010, s 32\ns 359 amd No. 40, 2010, s 33\ns 363 sub No. 5, 2007, s 10\ns 365 amd No. 5, 2007, s 11; No. 40, 2010, s 34\ns 366 amd No. 5, 2007, s 12\ns 367 amd No. 40, 2010, s 35\ns 369 amd No. 17, 1996, s 6\ns 371 amd No. 9, 1984, s 20; No. 9, 2009, s 5; No. 40, 2010, s 36\ns 372 sub No. 5, 2007, s 13\ns 373 amd No. 4, 1997, s 3\ns 374 amd No. 9, 2016, s 74\ns 376 amd No. 9, 2016, s 74\ns 377 sub No. 1, 2004, s 14\nrep No. 20, 2023, s 14\ns 379 amd No. 9, 2016, s 74\ns 380 amd No. 17, 1996, s 6\ns 382 amd No. 33, 1996, s 3\nrep No. 11, 2002, s 5\ns 383 amd No. 9, 1984, s 21; No. 17, 1996, s 6; No. 44, 2003, s 5\ns 385 amd No. 17, 1996, s 6\nsub No. 24, 2022, s 21\ns 386 rep No. 9, 1984, s 22\ns 387 amd No. 17, 1996, s 6\ndiv 7 hdg ins No. 11, 2014, s 4\ns 388 amd No. 9, 1984, s 23\nins No. 11, 2014, s 4\nsub No. 9, 2016, s 72\nss 389 – 391 ins No. 11, 2014, s 4\npt X\ndiv 1 hdg rep No. 17, 1996, s 6\nss 389 – 392 rep No. 17, 1996, s 6\ns 393 amd No. 9, 1984, s 24; No. 12, 1996, s 4\nss 394 – 395 rep No. 17, 1996, s 6\ns 396 amd No. 9, 1984, s 25\ns 397 amd No. 71, 1989, s 2\ns 398 rep No. 17, 1996, s 6\n\nCriminal Code Act 1983 370\ns 399 amd No. 71, 1989, s 3\ns 400 amd No. 71, 1989, s 4; No. 29, 1990, s 7; No. 72, 1991, s 2\ns 400A ins No. 71, 1989, s 5\ns 401 amd No. 29, 1990, s 7\nss 402 – 405 rep No. 17, 1996, s 6\ns 406 amd No. 9, 1984, s 26; No. 17, 1996, s 6; No. 4, 2004, s 6; No. 9, 2016, s 73\ns 407 amd No. 9, 2016, s 74\ns 408 amd No. 17, 1996, s 6; No. 27, 2014, s 57; No. 9, 2016, s 74\ns 409 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 410 amd No. 17, 1996, s 6; No. 11, 2014, s 5; No. 9, 2016, s 74\ns 411 amd No. 17, 1996, s 6; No. 5, 2015, s 4\ns 412 amd No. 17, 1996, s 6; No. 44, 2005, s 7; No. 9, 2016, s 74\ns 412A ins No. 44, 2005, s 8\ns 413 amd No. 17, 1996, s 6\ns 414 amd No. 29, 1990, s 7; No. 46, 1994, s 3; No. 10, 2011, s 4; No. 9, 2016, s 74\ns 415 amd No. 17, 1996, s 6\ns 417 amd No. 17, 1996, s 6\ns 418 amd No. 9, 2016, s 74\ns 420 amd No. 3, 2000, s 5\ns 421 amd No. 29, 1990, s 7\ns 423 amd No. 3, 2000, s 6\ns 424 amd No. 29, 1990, s 7\ns 425 amd No. 27, 2014, s 57\ns 426 amd No. 29, 1990, s 7; No. 17, 1996, s 6; No. 27, 2014, s 57\ns 428 amd No. 9, 2016, s 74; No. 4, 2017, s 34\ns 429 amd No. 9, 2016, s 74\ns 430 amd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 431 amd No. 17, 1996, s 6\ns 433 amd No. 17, 1996, s 6\ns 433A ins No. 42, 1987, s 2\namd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 434 amd No. 41, 1992, s 2\nrep No. 2, 2008, s 8\ns 435 amd No. 9, 2016, s 74\ns 435A ins No. 35, 1991, s 3\namd No. 17, 1996, s 6; No. 9, 2016, s 74\ns 436 amd No. 17, 1996, s 6\ns 437 amd No. 9, 2016, s 74\ns 438 amd No. 9, 1984, s 27; No. 9, 2016, s 74\ns 439 amd No. 9, 2016, s 74\ns 441 ins No. 72, 1993, s 3\namd No. 27, 1999, s 4; No. 40, 2010, s 37\ns 442 ins No. 72, 1993, s 3\ns 443 ins No. 72, 1993, s 3\npt XI hdg ins No. 37, 2005, s 17\nsub No. 26, 2013, s 5\ndiv 1 hdg ins No. 26, 2013, s 5\ns 444 ins No. 37, 2005, s 17\npt XII hdg ins No. 9, 2009, s 6\nrep No. 26, 2013, s 6\ndiv 2 hdg ins No. 26, 2013, s 6\n\nCriminal Code Act 1983 371\ns 445 ins No. 9, 2009, s 6\npt XIII hdg ins No. 35, 2010, s 18\nrep No. 26, 2013, s 7\ndiv 3 hdg ins No. 26, 2013, s 7\ns 446 ins No. 35, 2010, s 18\ndiv 4 hdg ins No. 26, 2013, s 8\ns 447 ins No. 26, 2013, s 8\ndiv 5 hdg ins No. 3, 2014, s 5\ns 448 ins No. 3, 2014, s 5\ndiv 6 hdg ins No. 4, 2014, s 5\ns 449 ins No. 4, 2014, s 5\ndiv 7 hdg ins No. 1, 2014, s 7\ns 450 ins No. 1, 2014, s 7\ndiv 8 hdg ins No. 11, 2014, s 6\ns 451 ins No. 11, 2014, s 6\ndiv 9 hdg ins No. 22, 2014, s 7\ns 452 ins No. 22, 2014, s 7\ndiv 10 hdg ins No. 5, 2015, s 5\ns 453 ins No. 5, 2015, s 5\ndiv 11 hdg ins No. 26, 2015, s 16\ns 454 ins No. 26, 2015, s 16\ndiv 12 hdg ins No. 3, 2018, s 12\nss 455 – 457 ins No. 3, 2018, s 12\ndiv 13 hdg ins No. 9, 2019, s 9\nss 458 – 460 ins No. 9, 2019, s 9\ndiv 14 hdg ins No. 10, 2019, s 4\ns 461 ins No. 10, 2019, s 4\namd No. 33, 2019, s 49\ndiv 15 hdg ins No. 6, 2021, s 11\ns 462 ins No. 6, 2021, s 11\ndiv 16 hdg ins No. 20, 2022, s 5\ns 463 ins No. 20, 2022, s 5\ndiv 17 hdg ins No. 24, 2022, s 22\ns 464 ins No. 24, 2022, s 22\ndiv 18 hdg ins No. 30, 2022, s 6\ns 465 ins No. 30, 2022, s 6\namd No. 18, 2024, s 10\ns 466 ins No. 30, 2022, s 6\namd No. 18, 2024, s 11\ns 467 ins No. 30, 2022, s 6\namd No. 18, 2024, s 12\ns 468 ins No. 30, 2022, s 6\n\nCriminal Code Act 1983 372\ns 469 ins No. 30, 2022, s 6\namd No. 18, 2024, s 13\ns 470 ins No. 30, 2022, s 6\namd No. 18, 2024, s 14\nss 471 – 472 ins No. 30, 2022, s 6\ns 473 ins No. 30, 2022, s 6\nrep No. 18, 2024, s 15\ns 474 ins No. 30, 2022, s 6\ndiv 19 hdg ins No. 20, 2023, s 15\ns 475 ins No. 20, 2023, s 15\ndiv 20 hdg ins No. 33, 2023, s 49\nss 476 – 478 ins No. 33, 2023, s 49\ndiv 21 hdg ins No. 18, 20224, s 16\nss 479 – 481 ins No. 18, 20224, s 16\nsch 1 rep No. 17, 1990, s 3\nins No. 37, 2005, s 18\nsub No. 34, 2006, s 22\namd No. 36, 2006, s 17; No. 6, 2008, s 3; No. 10, 2008, s 6; No. 26, 2008,\ns 7; No. 29, 2009, s 5; No. 5, 2011, s 6; No. 32, 2009, s 89; No. 24, 2013, s 6;\nNo. 9, 2014, s 6; No. 29, 2014, s 6; No. 21, 2017, s 6; No. 3, 2018, s 13;\nNo. 6, 2018, s 7; No. 18, 2020, s 7; No. 6, 2021, s 12; No. 4, 2023, s 23;\nNo. 24, 2022, s 23; No. 20, 2023, s 16\nsch 2 – 3 rep No. 17, 1990, s 3\nsch 4 amd No. 12, 1996, s 5\nrep No. 5, 2007, s 14\nsch 5 rep No. 17, 1996, s 6","sortOrder":550}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":904},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially beyond its original 1983 scope. Major expansions include: Part IIAA (criminal responsibility reform, 2005) creating a parallel fault-based system; Part IIA (mental impairment and unfitness, 2010) replacing simple insanity provisions with an elaborate regime; Division 7A (intimate images, 2014); expanded sexual offences provisions; identity crime and wagering corruption offences; and numerous amendments raising the age of criminal responsibility and adding domestic violence protections. The original Code has been repeatedly layered with modern statutory frameworks rather than consolidated."},"complexity_factors":["Multiple overlapping criminal responsibility frameworks (Part II for pre-2005 offences, Part IIAA for Schedule 1 offences, with different fault element rules)","47+ defined terms in section 1 alone, with many more throughout","Extensive cross-referencing between Parts and to other Territory legislation","Nested conditional logic in offence definitions (e.g., sexual offences with multiple fault elements and circumstances of aggravation)","Corporate criminal responsibility provisions with complex attribution tests (board of directors, high managerial agents, corporate culture)","Mental impairment provisions with multi-stage procedures (fitness to stand trial, special hearings, supervision orders with indefinite terms and review mechanisms)","Geographical application rules with double criminality requirements and rebuttable presumptions","Strict liability and absolute liability offences mixed with fault-based offences requiring intention, knowledge, recklessness or negligence","Alternative verdict provisions allowing juries to find guilt of uncharged offences","Transitional provisions spanning 21 Divisions in Part XI dealing with amendments from 2005–2024"],"plain_english_summary":"This is the **Criminal Code Act 1983** of the **Northern Territory of Australia** — a comprehensive criminal law statute that establishes the Territory's entire criminal justice framework.\n\n**What it does:**\n\nThe Act creates a **codified criminal law system** (meaning most criminal offences and procedures are written in one place, rather than scattered across many laws). It covers:\n\n- **General criminal principles** — how people can be found guilty, what defences exist (self-defence, duress, mental impairment, etc.), and how criminal responsibility works for individuals and corporations\n- **Specific offences** — organised into categories including:\n  - Offences against public order (sedition, terrorism, riots, piracy)\n  - Offences against the administration of justice (corruption, perjury, perverting justice)\n  - Offences against the person (murder, manslaughter, assault, sexual offences, kidnapping)\n  - Property offences (theft, burglary, fraud, money laundering, criminal damage)\n  - Computer and identity crimes\n- **Mental impairment and fitness to stand trial** — special procedures for accused persons with mental health conditions\n- **Criminal procedure** — how trials work, rules of evidence, appeals, and sentencing\n\n**Key features:**\n\n- **Dual criminal responsibility systems**: The original Part II (still applying to older offences) and the modern Part IIAA (applying to newer \"Schedule 1 offences\") with detailed fault elements (intention, recklessness, negligence)\n- **Age of criminal responsibility**: Children under 10 cannot be criminally responsible; children 10–14 can only be responsible if they know their conduct is wrong\n- **Mental impairment defence**: Replaces the old \"insanity\" defence with a structured regime including supervision orders\n- **Sexual offences**: Detailed provisions covering consent, offences against children, offences by people in positions of authority, and intimate image offences\n- **Corporate criminal responsibility**: Bodies corporate can be guilty of offences, with special rules for attributing fault to companies\n\n**Who it affects:**\n\nEveryone in the Northern Territory — residents, visitors, businesses, and government officials. It governs what behaviour is criminal, how people are prosecuted, and what punishments can be imposed.\n\n**Why it matters:**\n\nThis is the foundational criminal law of the Northern Territory. It determines when someone can be imprisoned, what counts as a serious crime versus a minor offence, and how the justice system protects both community safety and individual rights (including protections for people with mental impairments and strict rules about sexual consent)."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The original 1983 Act consolidated existing criminal law, but subsequent amendments have vastly expanded its scope. New divisions have been added for terrorism, child abuse material, identity crime, intimate images, wagering offences, and many others. The introduction of Part IIAA created a parallel system of criminal responsibility. The code now covers conduct far beyond its original design, including offences with extraterritorial application and corporate liability."},"complexity_factors":["Over 600 sections and numerous schedules","Two overlapping systems of criminal responsibility (Part II for older offences, Part IIAA for Schedule 1 and declared offences) with different definitions and rules","More than 100 defined terms in the interpretation section, many with part-specific meanings","Extensive cross-references between parts and divisions","Numerous nested exceptions, defences, and alternative verdict provisions","Detailed procedural rules for indictments, trials, and appeals","Multiple transitional provisions preserving old law for conduct before various amendment dates","Complex corporate criminal responsibility provisions"],"plain_english_summary":"This is the complete criminal code for the Northern Territory. It sets out what conduct is criminal, the legal principles that determine guilt, and how courts handle criminal cases. It covers everything from serious crimes like murder, sexual offences, and terrorism to property crimes, computer offences, and public order offences. It also explains defences such as self-defence, duress, and mental impairment, and includes rules for trials, appeals, and sentencing. The code applies to everyone in the Territory and is the main reference for police, prosecutors, and courts."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-act-1983","history":"/api/acts/criminal-code-act-1983/history","analysis":"/api/acts/criminal-code-act-1983/analysis","conflicts":"/api/acts/criminal-code-act-1983/conflicts","importantCases":"/api/acts/criminal-code-act-1983/important-cases","documents":"/api/acts/criminal-code-act-1983/documents"}}