641 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—stalking
(1) Section 21A as amended by Division 1 of Part 3 of the amending Act applies only to offences alleged to have been committed on or after the commencement day.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement day, the offence is alleged to have been committed before the commencement day.
commencement day means the day on which Division 1 of Part 3 of the amending Act comes into operation.
S. 642 inserted by No. 1/2026 s. 69.
642 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—alternative verdicts
(1) Section 425 as inserted by Division 2 of Part 3 of the amending Act applies only to a proceeding for an offence alleged to have been committed on or after the commencement day.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement day, the offence is alleged to have been committed before the commencement day.
commencement day means the day on which Division 2 of Part 3 of the amending Act comes into operation.
S. 643 inserted by No. 1/2026 s. 69.
643 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—jury directions
(1) On and after the day on which Division 2 of Part 6 of the amending Act commences, section 626(1) and (2) no longer has the effect of preserving the operation of sections 37, 37AAA and 37AA (as in force before 1 July 2015) for offences alleged to have been committed before 1 July 2015.
See Division 1AAB of Part 5 of the Jury Directions Act 2015 for jury directions in relation to consent for sexual offences alleged to have been committed before 1 July 2015.
(2) Subsection (1) does not apply to—
(a) a trial that has commenced (within the meaning of the Criminal Procedure Act 2009) before the day on which Division 2 of Part 6 of the amending Act commences; or
(b) a summary hearing, committal proceeding, pre-trial hearing, appeal, case stated or special hearing referred to in section 4A(1) of the Jury Directions Act 2015 for which the specified day is before the day on which Division 2 of Part 6 of the amending Act commences.
specified day means—
(a) for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and
(b) for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and
(c) in any other case, the day of the commencement of the summary hearing, the pre-trial hearing, the hearing of the appeal, or the special hearing (as the case requires).
(4) On and after the commencement of Chapter 8 of the Youth Justice Act 2024, the reference in the definition of specified day to Part 5.4 of the Children, Youth and Families Act 2005 is taken to include a reference to Chapter 8 of the Youth Justice Act 2024.
Schedules
First Schedule
Number of Act
Title of Act
Extent of Repeal
6103
Crimes Act 1957
The whole
6166
Crimes (Amendment) Act 1957
The whole
6167
Crimes (Parole Board) Act 1957
The whole
Sch. 2 repealed by No. 6958 s. 8(4)(d).
Sch. 3 substituted by No. 9848 s. 18(1), amended by No. 43/1994 s. 56(Sch. item 1.8), repealed by No. 7/2009 s. 422(5) (as amended by No. 68/2009 s. 54(h)).
Sch. 4 amended by Nos 8338 s. 7(m), 9576 s. 11(1), 9848 s. 18(1), 110/1986 s. 140(2), repealed by No. 25/1989 s. 18(1), new Sch. 4 inserted by No. 49/1991 s. 119(7)
(Sch. 4 item 4.4), repealed by No. 7/2009 s. 422(6) (as amended by No. 68/2009 s. 54(h)).
Sch. 5 amended by Nos 8338 s. 7(n), 9576 s. 11(1), 9848 s. 18(1), 110/1986 s. 140(2), repealed by No. 25/1989 s. 18(1), new Sch. 5 inserted by No. 49/1991 s. 119(7)
(Sch. 4 item 4.4), repealed by No. 68/2009 s. 97(Sch. item 40.42).
Sch. 7 repealed by No. 8143 s. 11, new Sch. 7 inserted by No. 129/1993 s. 8, amended by Nos 20/2011 s. 5(2), 37/2014 s. 10(Sch. item 36.43).
Schedule 7––Summary offences for which a person may be fingerprinted
Sections 464K, 464L, 464M
1 A summary offence where the maximum penalty (whether for a first or subsequent offence) is or includes a period of imprisonment.
2 An offence under section 3(2) or 3(4) of the Court Security Act 1980.
3 An offence under section 6(2) of the Control of Weapons Act 1990.
4 An offence under section 36A of the Drugs, Poisons and Controlled Substances Act 1981.
6 An offence under section 20, 24ZQ(3), 24ZR(1), 24ZR(2), 24ZR(3), 24ZS(1), 24ZS(2) or 35(6) of the Prevention of Cruelty to Animals Act 1986.
Sch. 7A inserted by No. 7546 s. 13, substituted by No. 7782 s. 14, repealed by No. 8143 s. 11.
Sch. 8 repealed by No. 8143 s. 11, new Sch. 8 inserted by No. 8870 s. 6(2), amended by Nos 9848 s. 18(1), 16/1986 s. 30, repealed by No. 25/1989 s. 18(1), new Sch. 8 inserted by No. 81/1997
s. 31, amended by Nos 67/2000 s. 7(7)–(9), 61/2001 s. 16(1)(c), 16/2002 s. 18(1)(2), 35/2002 s. 28(Sch. item 3.4), 10/2003 s. 8(a)(b), 77/2005 s. 8(3)(e), 27/2006 s. 16, 2/2006 ss 19B (as amended by No. 76/2006 s. 10), 42(a)(b), 7/2008 s. 7(3)(g), 18/2008 s. 5, 6/2013 s. 7, 72/2013 s. 18, 74/2014 s. 7(9), 47/2016 s. 23.
Schedule 8––Forensic sample offences
Sections 464ZF, 464ZFAAA
A forensic sample offence is:
Offences against the person—non-sexual offences
2 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 4 (conspiracy to murder) (as amended) of the Crimes Act 1958 repealed on 1 June 1984 by section 8(b) of the Crimes (Conspiracy and Incitement) Act 1984.
5 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985:
(a) section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest);
(d) section 20 (attempting to choke, etc. in order to commit an indictable offence).
Offences against the person—sexual offences
7A An offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000.
7B An offence against section 46(1) (sexual penetration of child aged between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000.
8 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991:
(a) section 40 (rape);
(b) section 41 (rape with aggravating circumstances);
(c) section 43 (indecent assault with aggravating circumstances).
9 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) inserted in the Crimes Act 1958 on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991:
(a) section 44(1) (indecent assault);
(b) section 44(2) (indecent assault with aggravating circumstances);
(c) section 45(1) (rape);
(d) section 45(2) (attempted rape);
(e) section 45(2) (assault with intent to commit rape);
(f) section 45(3) (rape with aggravating circumstances);
(g) section 45(4) (attempted rape with aggravating circumstances);
(h) section 45(4) (assault with intent to commit rape with aggravating circumstances);
(i) section 47(1) (sexual penetration of child under the age of 10);
(j) section 47(2) (attempted sexual penetration of child under the age of 10);
(k) section 47(2) (assault with intent to take part in act of sexual penetration with child under the age of 10);
(l) section 48(1) (sexual penetration of child aged between 10 and 16);
(m) section 48(2) (attempted sexual penetration of child aged between 10 and 16);
(n) section 48(2) (assault with intent to take part in act of sexual penetration with child aged between 10 and 16);
(o) section 50(1) (gross indecency with child under the age of 16);
(p) section 51 (sexual penetration of mentally ill or intellectually defective person);
(q) section 51 (attempted sexual penetration of mentally ill or intellectually defective person);
(r) section 51 (assault with intent to take part in act of sexual penetration with mentally ill or intellectually defective person);
(s) section 52 (incest) but not section 52(4) or (5) if both people are aged 18 or older and each consented to taking part in the act of sexual penetration;
(t) section 54 (procuring persons by threats or fraud);
(u) section 55 (administration of drugs, etc.);
(v) section 56 (abduction and detention);
(w) section 61 (unlawful detention for purposes of sexual penetration).
10 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980:
(a) section 44(1) (rape);
(b) section 44(2) (rape with mitigating circumstances);
(c) section 45 (attempted rape);
(d) section 45 (assault with intent to rape);
(e) section 46 (unlawfully and carnally knowing and abusing a girl under the age of 10);
(f) section 47 (attempting to unlawfully and carnally know and abuse girl under the age of 10);
(g) section 47 (assault with intent to unlawfully and carnally know and abuse girl under the age of 10);
(h) section 48(1) (unlawfully and carnally knowing and abusing girl aged between 10 and 16);
(i) section 48(2) (attempting to unlawfully and carnally know and abuse girl aged between 10 and 16);
(j) section 48(2) (assault with intent to unlawfully and carnally know and abuse girl aged between 10 and 16);
(k) section 52 (incest) but not section 52(3) or (4) if the woman or girl is the sister of the offender and both are aged 18 or older and the carnal knowledge or attempt or assault with intent to have unlawful carnal knowledge was or was made with the consent of the sister;
(l) section 54 (carnal knowledge of female mentally ill or intellectually defective person);
(m) section 54 (attempted carnal knowledge of female mentally ill or intellectually defective person);
(n) section 54 (assault with intent to carnally know female mentally ill or intellectually defective person);
(o) section 55(1) (indecent assault);
(p) section 55(3) (felonious indecent assault);
(q) section 57(1) or (2) (procuring defilement of woman by threats or fraud or administering drugs);
(r) section 59 (abduction of girl under eighteen with intent to have carnal knowledge);
(s) section 60 (unlawful detention with intent to have carnal knowledge);
(t) section 62 (forcible abduction of woman);
(u) section 68(1) (buggery);
(v) section 68(3A) or (3B) (indecent assault on male person);
(w) section 69(1) (act of gross indecency with girl under the age of 16).
11 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 61 (abduction of woman from motives of lucre) of the Crimes Act 1958 repealed on 1 March 1980 by section 5 of the Crimes (Sexual Offences) Act 1980.
11A An offence against section 38 or 39 of the Crimes Act 1958 inserted in the Crimes Act 1958 on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014.
11B An offence against section 40 of the Crimes Act 1958 inserted in the Crimes Act 1958 on 15 August 1993 by section 20 of the Sentencing (Amendment) Act 1993 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014.
11C An offence against section 34B(1) of the Crimes Act 1958 (offence to interfere with corpse of a human being) inserted in the Crimes Act 1958 on
1 July 2005 by section 185 of the Cemeteries and Crematoria Act 2003 and repealed by section 3 of the Crimes Amendment (Sexual Offences) Act 2016.
11D An offence against any of the following provisions of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016:
(a) section 44(1), (2), (3) or (4) (incest);
(b) section 47(1) (indecent act with child under the age of 16);
(c) section 47A(1) (persistent sexual abuse of child under the age of 16);
(d) section 48(1) (sexual penetration of 16 or 17 year old child);
(e) section 53(1) (administration of drugs etc.);
(f) section 54 (occupier etc. permitting unlawful sexual penetration);
(g) section 55 (abduction or detention);
(h) section 56(1) or (2) (abduction of child under the age of 16);
(i) section 57(1) or (2) (procuring sexual penetration by threats or fraud);
(j) section 59(1) (bestiality).
11E An offence against section 45(1) of the Crimes Act 1958 (sexual penetration of child under the age of 16) inserted in the Crimes Act 1958 on 22 November 2000 by section 5 of the Crimes (Amendment) Act 2000 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11F An offence against section 49(1) of the Crimes Act 1958 (indecent act with 16 or 17 year old child) inserted in the Crimes Act 1958 on 1 December 2006 by section 13 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11G An offence against section 49A(1) of the Crimes Act 1958 (facilitating sexual offences against children) inserted in the Crimes Act 1958 on 13 June 1995 by section 93 of the Sex Work Act 1994 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11H An offence against section 49B(2) of the Crimes Act 1958 (grooming for sexual conduct with child under the age of 16 years) inserted in the Crimes Act 1958 on 9 April 2014 by section 3 of the Crimes Amendment (Grooming) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11I An offence against section 49C(2) of the Crimes Act 1958 (failure by person in authority to protect child from sexual offence) inserted in the Crimes Act1958 on 1 July 2015 by section 3 of the Crimes Amendment (Protection of Children) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11J An offence against section 51(1) or (2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services) inserted in the Crimes Act 1958 on 1 December 2006 by section 16 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11K An offence against section 52(1) or (2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by workers) inserted in the Crimes Act 1958 on 1 December 2006 by section 17 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11L An offence against section 53(2) of the Crimes Act 1958 (administration of drugs etc.) inserted in the Crimes Act 1958 on 11 February 2009 by section 3 of the Crimes Legislation Amendment (Food and Drink Spiking) Act 2009 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11M An offence against section 58(1), (2) or (3) of the Crimes Act 1958 (procuring sexual penetration of a child) inserted in the Crimes Act 1958 on 1 December 2006 by section 18 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11N An offence against section 60AB(2), (3) or (4) (sexual servitude), 60AC(1) (aggravated sexual servitude), 60AD(1) (deceptive recruiting for commercial sexual services) or 60AE(1) (aggravated deceptive recruiting for commercial sexual services) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 19 May 2004 by section 3 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
11O An offence against section 68(1) (production of child pornography) or 69(1) (procurement etc. of minor for child pornography) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 1 January 1996 by section 88 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.