Criminal Code Act 1924
245Aggravated burglary
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245 Aggravated burglary
*[Section 245 Substituted by No. 30 of 1973, s. 9 ]**[Section 245 Amended by No. 99 of 1982, s. 3 and Sched. 2, Pt.II ]*Any person who commits burglary and –
(a) [Section 245 Amended by No. 3 of 1997, s. 4, Applied:09 May 1997] at the time he or she commits that burglary –
(i) has with him or her any offensive weapon or instrument or any explosive substance; or
(ii) [Section 245 Amended by No. 12 of 2000, s. 3, Applied:28 Apr 2000] . . . . . . . .
(iii) the place in relation to which the burglary is committed is being used or is ordinarily used for the purposes of human habitation; or
(b) [Section 245 Amended by No. 3 of 1997, s. 4, Applied:09 May 1997] uses or offers violence to any person, deprives any person of his or her liberty or otherwise assaults any person –
(i) while committing that burglary; or
(ii) [Section 245 Amended by No. 3 of 1997, s. 4, Applied:09 May 1997] while he or she is still in or is leaving the place in relation to which the burglary was committed –
is guilty of a crime which is called aggravated burglary.
Charge: Aggravated burglary.