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Criminal Code Act Compilation Act 1913
Part 11ANazi symbols and salute
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Chapter 11A — Nazi symbols and salute
80K. Terms used 99
80L. Meaning of Nazi hakenkreuz 100
80M. Meaning of Nazi symbol 100
80N. Display of Nazi symbols 101
80O. Offence to display Nazi symbol 102
80P. Offence to make Nazi gesture 103
80Q. Offence to apply Nazi symbol to property 104
80R. Defence to s. 80O or 80P charge 105
80S. General defences 105
80T. Exceptions 106
80U. Issue of Nazi symbol removal notice 107
80V. Content of Nazi symbol removal notice 108
80W. Service of Nazi symbol removal notice 108
80X. Duration of Nazi symbol removal notice 109
80Y. Revocation of Nazi symbol removal notice 109
80Z. Offence to hinder compliance with Nazi symbol removal notice 110
80ZA. Police powers relating to Nazi symbol removal notice 111
80ZB. Correcting mistakes in Nazi symbol removal notice 112
80ZC. Delegation by Commissioner of Police 112
80ZD. Forfeiture of unlawful material 113
80ZE. No compensation under this Chapter 113
80ZF. Exclusion of rule in s. 24 113
Part III — Offences against the administration of law and justice and against public authority
Chapter XII — Disclosing official secrets
- Disclosing official secrets 114
Chapter XIII — Corruption and abuse of office
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Bribery of public officer 115
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Corruption 115
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Judicial officer, s. 82 and 83 do not apply to 116
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Falsification of record by public officer 116
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Administering oath without authority 117
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Impersonating public officer 117
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Bargaining for public office 118
Chapter XIV — Offences at elections
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Terms used 119
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Application of this Chapter 119
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Liability for acts of others 119
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Bribery 120
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Undue influence 120
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Electoral material, printing and publication of 121
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False or defamatory statements or deceptive material, publication of 122
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Postal voting, offences in connection with 123
Polling place, offences at or near 123
Ballot paper and ballot box offences 125
Electoral officer, offences by 126
False statements in connection with an election 127
Chapter XVI — Offences relating to the administration of justice
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Term used: judicial proceeding 128
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Judicial corruption 128
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Official corruption not judicial but relating to offences 129
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Corrupting or threatening juror 130
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Perjury 131
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Perjury, penalty for 131
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False evidence before Royal Commission 132
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Threatening witness before Royal Commission etc. 132
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Fabricating evidence 132
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Corruption of witness 133
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Deceiving witness 133
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Destroying evidence 134
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Preventing witness from attending 134
133A. False prosecution, commencing 134
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Conspiracy to commence false prosecution 135
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Conspiring to pervert etc. course of justice 135
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Compounding or concealing offence 135
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Advertising reward etc. for stolen property 136
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Justice acting when personally interested 137
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Bringing fictitious action on penal statute 137
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Inserting advertisement without authority of court 137
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Attempting to pervert etc. course of justice 138
Chapter XVII — Escapes: Rescues: Obstructing officers of courts
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Forcibly freeing person from lawful custody 138
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Aiding escape from lawful custody 138
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Escaping from lawful custody 139
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Permitting escape from lawful custody 139
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Aiding escapee from lawful custody 139
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Rescuing, permitting escape of or concealing a person subject to any law relating to mental disorder 139
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Removing etc. property under lawful seizure 140
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Obstructing court officer 140
Chapter XX — Miscellaneous offences against public authority
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False statement on oath 141
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False information to official etc. 141
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Creating false belief 142
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Obstructing public officer 143
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Public officer refusing to perform duty 143
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Disobeying request to help arrest person 143
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Disobeying statute law 143
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Disobeying lawful order issued by statutory authority 144
Part IV — Acts injurious to the public in general
Chapter XXII — Offences against morality
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Carnal knowledge of animal 145
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Occupier or owner allowing young person to be on premises for unlawful carnal knowledge 145
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Facilitating sexual offence against child outside WA 146
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Being involved with prostitution 146
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Procuring person to be prostitute etc. 148
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Procuring person to have unlawful carnal knowledge by threat, fraud or administering drug 149
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Obscene act in public 150
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Indecent act in public 150
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Indecent act with intent to offend 151
204A. Showing offensive material to child under 16 151
204B. Using electronic communication to procure, or expose to indecent matter, child under 16 153
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Ignorance of age no defence to charge under this Chapter 156
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Supplying intoxicant to person likely to abuse them 157
Chapter XXIII — Misconduct relating to corpses
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Misconduct with regard to corpse 157
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Interfering with corpse to hinder inquiry 158
Chapter XXV — Child exploitation material
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Involving child in child exploitation 160
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Producing child exploitation material 160
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Distributing child exploitation material 160
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Possession of child exploitation material 161
221A. Defences and exclusions for s. 217, 218, 219 and 220 161
221B. Unlawful material, forfeiture of 163
Chapter XXVA — Intimate images
221BB. Term used: consent 164
221BC. Term used: distributes 165
221BD. Distribution of intimate image 166
221BE. Court may order rectification 168
221BF. Review of amendments made by Criminal Law Amendment (Intimate Images) Act 2019 169
Chapter XXVIA — Facilitating activities of criminal organisations
221D. Term used: criminal organisation 170
221E. Participating in activities of criminal organisation 171
221F. Instructing commission of offence for benefit of criminal organisation 172
Part V — Offences against the person and relating to parental rights and duties and against the reputation of individuals
Chapter XXVI — Assaults and violence to the person generally: Justification, excuse and circumstances of aggravation
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Term used: circumstances of aggravation 173
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Term used: assault 174
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Assault is unlawful 174
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Execution of sentence is lawful 174
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Execution of process is lawful 175
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Execution of warrant is lawful 175
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Sentence, process or warrant issued without authority, effect of 175
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Sentence, process or warrant issued without authority, liability of person executing etc. 175
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Arrest of wrong person 176
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Process or warrant that is bad in law, liability of person executing etc. 176
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Executing sentence, process or warrant or making arrest, using force for 177
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Flight from arrest, use of force to prevent 177
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Escape or rescue after arrest, use of force to prevent 178
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Riot, use of force to suppress 178
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Riot, use of force to suppress by justice and police officer 178
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Riot, use of force to suppress by person acting under lawful order 179
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Riot, use of force to suppress by person acting without order in case of emergency 179
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Riot, use of force to suppress by military personnel 179
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Violence by mentally impaired person, use of force to prevent 179
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Home invasion, use of force to prevent etc. 180
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Term used: provocation 181
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Defence of provocation 182
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Repetition of insult, use of force to prevent 183
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Self‑defence 183
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Movable property, use of force to resist taking of by trespasser etc. 184
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Movable property possessed with claim of right, use of force to defend possession of 184
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Movable property possessed without claim of right etc., use of force to take 185
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Place, use of force to prevent entry to and remove people from 185
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Place possessed with claim of right, use of force to defend 186
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Entry to land to exercise disputed right‑of‑way etc., use of force to prevent 186
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Discipline of children, use of force for 186
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Discipline on ship or aircraft, use of force for 187
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Surgical and medical treatment, liability for 187
259A. Inoculation procedure, liability for 188
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Excessive force is unlawful 188
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Consent to death immaterial 188
Chapter XXVII — Duties relating to the preservation of human life
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Duty to provide necessaries of life 188
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Duty of head of family 189
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Duty of person doing dangerous act 189
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Duty of person in charge of dangerous thing 189
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Duty to do certain acts 190
Chapter XXVIII — Homicide: Suicide: Concealment of birth
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Killing a person is unlawful 190
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When a child becomes a human being 190
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Term used: kill 190
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Death from act done at childbirth 190
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Causing death by threat 191
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Acceleration of death 191
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Death from bodily injury that might have been avoided or prevented 191
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Death from, or from treatment of, grievous bodily harm 191
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Unlawful homicide is murder or manslaughter 192
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Murder 192
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Manslaughter 194
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Unlawful assault causing death 195
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Attempt to unlawfully kill 196
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Culpable driving (not of motor vehicle or vessel) causing death or grievous bodily harm 197
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Procuring etc. suicide 198
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Preventing birth of live child 199
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Concealing birth of dead child 199
Chapter XXIX — Offences endangering life or health
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Disabling in order to commit indictable offence etc. 199
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Stupefying in order to commit indictable offence etc. 200
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Act intended to cause grievous bodily harm or prevent arrest 200
294A. Dangerous goods on aircraft 202
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Preventing escape from wreck 203
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Grievous bodily harm 203
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Suffocation and strangulation 207
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Terms used in relation to s. 300 (persistent family violence) 207
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Persistent family violence 209
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Wounding and similar acts 211
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Act or omission causing bodily harm or danger 212
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Setting dangerous thing 213
305A. Intoxication by deception 214
- Female genital mutilation 215
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Common assault 217
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Assault causing bodily harm 217
317A. Assault with intent 218
318A. Assault on aircraft’s crew 222
318B. Assault on retail workers 223
Chapter XXXI — Sexual offences
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Terms used 224
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Child under 13, sexual offences against 226
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Child of or over 13 and under 16, sexual offences against 228
321A. Child under 16, persistent sexual conduct with 230
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Child of or over 16, sexual offences against by person in authority etc. 233
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Indecent assault 234
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Aggravated indecent assault 234
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Sexual penetration without consent 235
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Aggravated sexual penetration without consent 236
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Sexual coercion 237
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Aggravated sexual coercion 238
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Relatives and the like, sexual offences by 239
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Incapable person, sexual offences against 241
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Ignorance of age no defence for s. 320 and 329 243
331A. Terms used in s. 331B to 331D 243
331B. Sexual servitude 244
331C. Conducting business involving sexual servitude 244
331D. Deceptive recruiting for commercial sexual service 244
Chapter XXXIII — Offences against liberty
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Kidnapping 246
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Deprivation of liberty 247
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Procuring apprehension or detention of person not suffering from mental illness or impairment 247
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Unlawful detention or custody of person who is mentally ill or impaired 247
Chapter XXXIIIA — Threats
338A. Threat with intent to gain etc. 248
338C. Statement or act creating false apprehension as to existence of threat or danger 250
Chapter XXXIIIB — Stalking
Chapter XXXIV — Offences relating to parental rights and duties
343A. Publication of report of child‑stealing unlawful unless approved 255
- Deserting child under 16 256
Chapter XXXV — Criminal defamation
Part VI — Offences relating to property and contracts
Division I — Stealing and like offences
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Things capable of being stolen 259
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Term used: steal 260
371A. Using etc. motor vehicle without consent is stealing 262
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Cases which are not stealing 262
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Funds etc. held under direction, who owns etc. 263
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Proceeds of sale etc. of property by agent, who owns 263
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Money received for another, who owns 264
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Stealing by person having an interest in the thing stolen 264
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Penalty for stealing 264
Chapter XXXVII — Offences analogous to stealing
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Concealing official register 267
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Concealing will 267
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Concealing certificate of title etc. 268
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Killing animal with intent to steal 268
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Severing with intent to steal 268
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Using registered brand with criminal intention 268
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Fraudulently dealing with ore at mine 268
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Concealing royalty 269
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Removing guano without licence 269
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Bringing stolen goods into WA 269
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Fraudulent disposition of mortgaged goods 270
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Fraudulent appropriation of electricity etc. 271
390A. Unlawful use of conveyance (not of motor vehicle) 271
Chapter XXXVIII — Robbery: Extortion by threats
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Term used: circumstances of aggravation 272
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Robbery 272
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Assault with intent to rob 273
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Demanding property with threats with intent to steal 274
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Demanding property with threats with intent to extort or gain 274
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Threats etc. with intent to extort etc. 275
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Procuring execution of deed etc. by threat etc. with intent to defraud 276
Chapter XXXIX — Offences in or in respect of buildings etc.
401A. Term used: relevant conviction 278
401B. Term used: repeat offender 282
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Burglary 282
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Person found armed etc. with intent to commit crime 286
Chapter XLI — Receiving property stolen or fraudulently obtained and like offences
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Receiving stolen property etc. 288
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Receiving after change of ownership 289
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Taking reward for recovery of property obtained by means of indictable offence 289
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Possessing stolen or unlawfully obtained property 290
417A. Punishment for possession in special cases 290
Chapter XLII — Frauds by trustees and officers of companies and corporations: False accounting
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Signing false document relating to company 291
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Company’s books etc., acts etc. as to by director etc. with intent to defraud 292
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False statement by company’s official 292
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False statement by company’s official with intent to affect share price 293
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Defence for this Chapter 294
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Fraudulent falsification of record 294
Chapter XLIII — Summary conviction for stealing and like indictable offences
- Summary conviction penalty for certain stealing and like offences 295
426A. When summary conviction penalty under s. 426(4) does not apply 296
- Summary conviction penalty for certain offences of fraudulent nature 297
Chapter XLIV — Simple offences analogous to stealing
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Unlawfully using another person’s animal 298
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Unlawful fishing 299
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Unlawfully taking fish etc. 299
Chapter XLIVA — Unauthorised use of computer systems
440A. Unlawful use of computer 300
Division II — Injuries to property
Chapter XLV — Preliminary matters
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Acts injuring property, when unlawful etc. 301
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Lawful act done with intent to defraud is unlawful 302
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Term used: wilfully destroy or damage 302
444A. Duty of person in control of ignition source or fire 303
445A. Breach of s. 444A duty 304
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Damaging property 304
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Casting away etc. vessel 305
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Acts etc. with intent to obstruct or injure railway 305
451A. Acts etc. with intent to prejudice safe use of aircraft etc. 306
451B. Unlawfully interfering with aircraft 306
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Causing explosion likely to do serious injury to property 307
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Acts done with intent to cause explosion likely to do serious injury to property 307
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Acts with intent to injure mine etc. 308
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Interfering with marine navigation aid 308
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Interfering with navigation works 309
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Communicating infectious disease to animal 309
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Unlawfully travelling with infected animal 309
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Removing boundary mark with intent to defraud 310
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Obstructing railway 310
Division III — Forgery and like offences: Identity crime: Personation
Chapter XLIX — Forgery and uttering
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Forgery and uttering 311
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Preparation for forgery etc. 312
Chapter L — False representations as to status
- Procuring or claiming unauthorised status 312
Chapter LI — Identity crime
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Terms used 313
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Making, using or supplying identification material with intent to commit indictable offence 314
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Possessing identification material with intent to commit indictable offence 315
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Possessing identification equipment with intent that it be used to commit indictable offence 315
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Attempt offences do not apply 316
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Court may grant certificate to victim of identity offence 316
Chapter LIII — Personation
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Personation in general 317
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Personating owner of shares 318
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Falsely acknowledging liability etc. of another 318
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Uttering qualification etc. of another 318
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Lending qualification etc. to another with intent it be used for personation 319
Division IV — Offences connected with trade and breach of contract, and corruption of agents, trustees, and others
Chapter LIV — Fraudulent debtors
- Fraudulent dealing by judgment debtor 319
Chapter LV — Corruption of agents, trustees, and others in whom confidence is reposed
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Agent corruptly receiving or soliciting reward etc. 320
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Corruptly giving or offering agent reward etc. 321
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Gift to agent’s parent etc. deemed gift to agent 321
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Giving agent, or agent using, false receipt etc. with intent to defraud principal 322
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Secret commission given by third party to person advising another to contract with third party etc. 322
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Secret commission for advice to another 323
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Secret commission to trustee for substituted appointment 323
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Aiding etc. Chapter LV offences within or outside WA 324
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Liability of director etc. acting without authority 324
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Penalty for Chapter LV offences 324
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Court may order withdrawal of trifling or technical case 325
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Protection of witness giving answers criminating himself 325
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Stay of proceedings against such witness 326
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Custom of itself no defence 326
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Burden of proof that gift etc. not secret commission 326
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Terms used 327
Chapter LVI — Other offences
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Joint stock company officer concealing information etc. as to reduction of capital 329
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Company being wound up, officer of falsifying books of etc. 330
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Mixing uncertified with certified articles 330
Part VII — Preparation to commit offences: Conspiracy: Accessories after the fact
Chapter LVII — Attempts and preparation to commit offences
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Attempt to commit indictable offence 331
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Incitement to commit indictable offence 331
555A. Attempt and incitement to commit simple offence under this Code 332
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Attempt to procure commission of criminal act 333
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Making or possessing explosives in suspicious circumstances 333
Chapter LVIIA — Offences to do with preparing to commit offences
557A. Presumption as to intention 334
557C. Unlawful thing, forfeiture of 334
557D. Possessing stupefying or overpowering drug or thing 335
557E. Possessing thing to assist unlawful entry to place 335
557F. Possessing thing to assist unlawful use of conveyance 335
557H. Possessing disguise 335
557I. Possessing bulletproof clothing 336
557K. Child sex offenders not to be in or near places where children are regularly present 337
Chapter LVIII — Conspiracy
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Conspiracy to commit indictable offence 340
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Conspiracy to commit simple offence 341
Chapter LIX — Accessories after the fact and property laundering
- Accessory after the fact to indictable offence 342
563A. Property laundering 342
563B. Dealing with property used in connection with an offence 343
Part VIII — Miscellaneous
Chapter LXXIII — Infringement notices
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Term used: CP Act 348
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Regulations to allow infringement notices to be issued for Code offences 348
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Alleged offenders taken to be charged suspects for purposes of Criminal Investigation (Identifying People) Act 2002 349
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Monitoring of Chapter by Ombudsman 350
Chapter LXXIV — Miscellaneous provisions
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Forfeitures, escheats etc. abolished 351
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Forfeiture etc. of property used to commit offence 351
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Saving of civil remedies 352
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Answers and discovery tending to show Chapter XXXV or LV offence 352
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Review of law of homicide 352
740A. Review of certain amendments to s. 297 and 318 352
740B. Review of certain amendments relating to home burglary 353
740C. Review of amendments made by Family Violence Legislation Reform Act 2020 353
740D. Review of amendments made by Directors’ Liability Reform Act 2023 354
- Transitional provisions (Sch. 1) 355