Criminal Law Consolidation Act 1935

Division 1—Preliminary 83GH Interpretation

Division 2—Declared street gangs 83GI Commissioner may apply for declaration 83GJ Publication of notice of application 83GK Court may make declaration 83GL Notice of declaration 83GM Duration of declaration 83GN Revocation of declaration 83GO Procedure at hearings 83GP Making of subsequent declaration 83GQ Practice and procedure 83GR Appeal 83GS Evidentiary

Division 3—Street gang control orders 83GT Court may make street gang control order 83GU Interim street gang control orders 83GV Duration of street gang control order or interim street gang control order 83GW Variation or revocation 83GX Right to object if interim order made ex parte 83GY Consequential and ancillary orders 83GZ Automatic revocation of order 83GZA Application of Division to children

Division 4—Offences 83GZB Offence to contravene or fail to comply with street gang control order 83GZC Offence to recruit persons to become participants in street gang 83GZD Participants in street gang entering prescribed places and attending prescribed events 83GZE Criminal associations

Division 5—Miscellaneous 83GZF Appeal 83GZG Evidentiary 83GZH Standard of proof 83GZI Evidence in other proceedings 83GZJ Service 83GZK Representation of unincorporated group 83GZL Costs 83GZM Presumption as to participation 83GZN Criminal intelligence 83GZO Use of evidence or information for purposes of Act 83GZP Delegation Part 3C—Protection for working animals 83H Interpretation 83I Causing death or serious harm etc to working animals 83J Court may order compensation and other costs 83K Enforcement of order for compensation etc 83L Evidentiary Part 3D—Explosives offences 83M Interpretation 83N Explosive devices 83O Explosive substances, prescribed equipment or instructions 83P Bomb hoaxes Part 4—Offences with respect to property 84 Preliminary 85 Arson and other property damage 85A Recklessly endangering property 85B Special provision for causing bushfire 86 Possession of object with intent to damage property 86A Using motor vehicle without consent Part 4A—Computer offences 86B Interpretation 86C Meaning of unauthorised access to or modification of computer data 86D Meaning of unauthorised impairment of electronic communication 86E Use of computer with intention to commit, or facilitate the commission of, an offence 86F Use of computer to commit, or facilitate the commission of, an offence outside the State 86G Unauthorised modification of computer data 86H Unauthorised impairment of electronic communication 86I Possession of computer viruses etc with intent to commit serious computer offence Part 5—Offences of dishonesty 130 Interpretation 131 Dishonesty 132 Consent of owner 133 Operation of this Part Division 2—Theft 134 Theft (and receiving) 135 Special provision with regard to land and fixtures 136 General deficiency Division 3—Robbery 137 Robbery Division 4—Money laundering and dealing in instruments of crime 138 Money laundering 138A Dealing in instruments of crime Division 5—Deception 139 Deception Division 5A—Dishonest communication with children 139A Dishonest communication with children Division 6—Dishonest dealings with documents 140 Dishonest dealings with documents Division 7—Dishonest manipulation of machines 141 Dishonest manipulation of machines Division 8—Dishonest exploitation of advantage 142 Dishonest exploitation of position of advantage Division 9—Miscellaneous offences of dishonesty 143 Dishonest interference with merchandise 144 Making off without payment Part 5A—Identity theft 144A Interpretation 144B False identity etc 144C Misuse of personal identification information 144D Prohibited material 144DA Possession of personal identification information 144E Attempt offence excluded 144F Application of Part Part 5B—Cheating at gambling 144G Interpretation 144H Engaging in conduct that corrupts betting outcome of event 144I Facilitating conduct that corrupts betting outcome of event 144J Concealing conduct or agreement 144K Use of corrupt conduct information or inside information for betting purposes Part 6—Secret commissions 145 Interpretation Division 2—Unlawful bias in commercial relationships 146 Fiduciaries 147 Exercise of fiduciary functions 148 Unlawful bias 149 Offence for fiduciary to exercise unlawful bias 150 Bribery Division 3—Exclusion of defence 151 Exclusion of defence Part 6A—Serious criminal trespass 167 Sacrilege 168 Serious criminal trespass 169 Serious criminal trespass—non-residential buildings 170 Serious criminal trespass—places of residence 170A Criminal trespass—places of residence Part 6B—Blackmail 171 Interpretation 172 Blackmail Part 6C—Piracy 173 Interpretation 174 Piracy Part 6D—Offences relating to human remains 175 Interpretation 176 Application of Part 177 Offence to destroy etc human remains to pervert course of justice 178 Offence to defile etc human remains 179 Offence to fail to report find of or conceal human remains 180 Alternative verdicts Part 7—Offences of a public nature 237 Definitions 238 Acting improperly 239 General attempt offence excluded 240 Parliamentary privilege not affected Division 2—Impeding investigation of offences or assisting offenders 241 Impeding investigation of offences or assisting offenders Division 2A—Offences relating to providing false or misleading information to a court 241A False or misleading information entered into electronic court management system Division 3—Offences relating to judicial proceedings 242 Perjury and subornation 243 Fabricating, altering or concealing evidence 244 Offences relating to witnesses 245 Offences relating to jurors 246 Confidentiality of jury deliberations and identities 247 Harassment to obtain information about jury's deliberations 248 Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings Division 4—Offences relating to public officers 249 Bribery or corruption of public officers 250 Threats or reprisals against public officers 251 Abuse of public office 252 Demanding or requiring benefit on basis of public office 253 Offences relating to appointment to public office Division 5—Escape, rescue and harbouring of persons subject to detention 254 Escape or removal from lawful custody 255 Harbouring or employing escapee etc Division 6—Attempt to obstruct or pervert course of justice or due administration of law 256 Attempt to obstruct or pervert course of justice or due administration of law Division 7—Criminal defamation 257 Criminal defamation Division 8—Offences limited in relation to industrial disputes and restraint of trade 258 Offences limited in relation to industrial disputes and restraint of trade Part 7A—Goods contamination and comparable offences 259 Interpretation 260 Unlawful acts of goods contamination or other acts prejudicing the health or safety of the public 261 Goods contamination unrelated to issues of public health and safety Part 7B—Accessories 267 Aiding and abetting Part 7C—Derivative liability for certain offences 267AA Offence where unlawfully supplied firearm used in subsequent offence Part 7D—Recruiting etc children to engage in certain criminal activities 267AB Recruiting etc child for criminal activity Part 8—Intoxication 267A Definitions 268 Mental element of offence to be presumed in certain cases 269 Question of intoxication must be specifically raised Part 8A—Mental impairment 269A Interpretation 269AB Reference to finding of not guilty to include finding of mental incompetence 269B Distribution of judicial functions between judge and jury 269BA Charges on which alternative verdicts are possible Division 2—Mental competence to commit offences 269C Mental competence 269D Presumption of mental competence 269E Reservation of question of mental competence 269F What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence 269G What happens if trial judge decides to proceed first with trial of objective elements of offence Division 3—Mental unfitness to stand trial 269H Mental unfitness to stand trial 269I Presumption of mental fitness to stand trial 269J Order for investigation of mental fitness to stand trial 269K Preliminary prognosis of defendant's condition 269L Trial judge's discretion about course of trial 269M What happens if trial judge decides to proceed first with trial of defendant's mental fitness to stand trial 269N What happens if trial judge decides to proceed first with trial of objective elements of offence Division 3A—Disposition of persons with mental impairment charged with summary and minor indictable offences Subdivision 1—Principle on which court is to act 269NA Principle on which court is to act Subdivision 2—Making, variation and revocation of Division 3A orders 269NB Division 3A orders 269NC Court may direct defendant to surrender firearm etc 269ND Variation or revocation of condition of Division 3A order 269NDA Revision of Division 3A orders

Subdivision 3—Administrative detention for defendant released on licence under this Division 269NE Administrative detention for defendant released on licence under this Division 269NF Powers of police officers relating to persons in respect of whom an administrative detention order has been issued Subdivision 4—Custody, supervision and care 269NG Custody, supervision and care Subdivision 5—Effect of supervening imprisonment on Division 3A order 269NH Effect of supervening imprisonment on Division 3A order Division 4—Disposition of persons declared to be liable to supervision under this Division Subdivision 1—Principle on which court is to act 269NI Principle on which court is to act Subdivision 2—Making, variation and revocation of supervision orders 269O Supervision orders 269OA Court may direct defendant to surrender firearm etc 269P Variation or revocation of supervision order 269Q Report on mental condition of defendant 269R Reports and statements to be provided to court 269T Matters to which court is to have regard 269U Revision of supervision orders Subdivision 3—Continuing supervision orders 269UA Application for continuing supervision 269UB Continuing supervision orders 269UC Variation or revocation of continuing supervision order 269UD Appeal

Subdivision 4—Administrative detention for defendant released on licence under this Division 269UE Administrative detention for defendant released on licence under this Division 269UF Powers of police officers relating to persons in respect of whom an administrative detention order has been issued Subdivision 5—Custody, supervision and care 269V Custody, supervision and care Subdivision 6—Effect of supervening imprisonment on an order under Division 4 269VA Effect of supervening imprisonment Division 4A—Interstate transfer of persons subject to supervision order 269VB Interpretation 269VC Informed consent 269VD Transfer of persons from South Australia to another participating jurisdiction 269VE Transfer of persons from participating jurisdiction to South Australia Division 5—Miscellaneous 269W Counsel to have independent discretion 269WA Power to order examination etc in pre-trial proceedings 269X Power of court to deal with defendant before proceedings completed 269Y Appeals 269Z Counselling of next of kin and victims 269ZA Exclusion of evidence 269ZB Arrest of person who escapes from detention etc Part 9—Miscellaneous and procedure Division 1—Punishment for certain common law offences 270 Punishment for certain offences Division 2—Attempts 270A Attempts 270AB Attempted manslaughter Division 3—Assaults with intent 270B Assaults with intent Division 4—Preparatory conduct 270C Going equipped for commission of offence of dishonesty or offence against property 270D Going equipped for commission of offence against the person Division 5—Apprehension of offenders 271 General power of arrest 273 Judge's warrant for arrest of person charged Division 14—Provision as to persons convicted of offence 329 Provision as to persons convicted of an offence Part 12—Regulations 370 Regulations Schedule 11—Abolition of certain offences 1 Certain common law offences abolished 2 Certain offences under Imperial law abolished 3 Special provisions relating to maintenance and champerty Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law Consolidation Act 1935. 5—Interpretation (1) In this Act, unless the contrary intention appears— aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 5AA); approved carer, of a child, means an approved carer (within the meaning of the Children and Young People (Safety) Act 2017) in whose care the child has been placed under that Act; basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non-aggravated form (see section 5AA); bestiality means sexual activity between a person and an animal; common prostitute includes any male person who prostitutes his body for fee or reward; court means, except where a contrary intention is indicated or appears from the context, the Supreme Court, the District Court or a court of summary jurisdiction; criminal organisation has the same meaning as in Part 3B Division 1; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; drive includes ride; driver's licence includes a learner's permit; dwelling house does not include a building, although within the curtilage of a dwelling house and occupied with the dwelling house, unless there is a communication between the building and dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other; firearm has the same meaning as in the Firearms Act 2015; foster parent, of a child, includes— (a) an approved carer of the child; and (b) a person in whose care the child is placed under section 77 of the Children and Young People (Safety) Act 2017; liable to be imprisoned for life means liable to be imprisoned for life or any lesser term; local government body means a council or other body constituted under the Local Government Act 1999; motor vehicle means a vehicle that is propelled by a motor; motor vessel means a vessel that is propelled by a motor; night means the interval between nine o'clock in the evening and six o'clock in the morning of the next day; offensive weapon means— (a) an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including— (i) a firearm or imitation firearm (ie an article intended to be taken for a firearm); or (ii) an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or (b) an article or substance that a person has— (i) for the purpose of causing personal injury or incapacity; or (ii) in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity; the Parole Board means the Parole Board of South Australia; place of divine worship means any church, chapel, meeting house or other place of divine worship; planning assessment panel means an assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016; property means real or personal property whether tangible or intangible and includes a wild animal that is in captivity or ordinarily kept in captivity; serious and organised crime offence means— (a) an offence against Part 3B; or (b) an offence that— (i) is punishable by life imprisonment; or (ii) is an aggravated offence against a provision of this, or any other, Act, if it is alleged that the offence was committed in the circumstances where— (iii) the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or (iv) in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation); sexual intercourse includes any activity (whether of a heterosexual or homosexual nature) consisting of or involving— (a) penetration of a person's vagina, labia majora or anus by any part of the body of another person or by any object; or (b) fellatio; or (c) cunnilingus, and includes a continuation of such activity; spouse—a person is the spouse of another if they are legally married; vehicle includes an animal; vessel has the same meaning as in the Harbors and Navigation Act 1993. (2) A note to a section or subsection of this Act forms part of the text of the Act unless the note clearly has no substantive effect. (3) For the purposes of this Act, a reference to a breast, vagina, labia majora, penis or other sexual organ includes a reference to a surgically constructed or altered breast, vagina, labia majora, penis or sexual organ (as the case may be). 5AA—Aggravated offences (1) Subject to this section, an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender committed the offence in the course of deliberately and systematically inflicting severe pain on the victim; (b) the offender used, or threatened to use, an offensive weapon to commit, or when committing, the offence; (c) the offender committed the offence against a police officer, prison officer, employee in a training centre (within the meaning of the Youth Justice Administration Act 2016) or other law enforcement officer— (i) knowing the victim to be acting in the course of his or her official duty; or (ii) in retribution for something the offender knows or believes to have been done by the victim in the course of his or her official duty; (ca) the offender committed the offence against a community corrections officer (within the meaning of the Correctional Services Act 1982) or community youth justice officer (within the meaning of the Youth Justice Administration Act 2016) knowing the victim to be acting in the course of their official duties; (d) the offender committed the offence— (i) intending to prevent or dissuade the victim from taking legal proceedings or from pursuing a particular course in legal proceedings; or (ii) in connection with the victim's conduct or future conduct (as party, witness or in any other capacity) in legal proceedings; or (iii) in retribution against the victim for taking legal proceedings or for the victim's conduct (as party, witness or in any other capacity) in legal proceedings; (e) the offender committed the offence— (i) in the case of an offence against section 63B(3)—believing that the victim of the offence was, at the time of the offence, under the age of 14 years; or (ii) in the case of an offence against Part 3 Division 8A or section 63B(1)—knowing that the victim of the offence was, at the time of the offence, under the age of 14 years; or (iii) in any other case—knowing that the victim of the offence was, at the time of the offence, under the age of 12 years; (f) the offender committed the offence knowing that the victim of the offence was, at the time of the offence, over the age of 60 years; (g) the offender committed the offence knowing that the victim of the offence was a person with whom the offender was, or was formerly, in a relationship; (ga) — (i) the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or (ii) in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation); (h) except in the case of an offence against Part 3A, the offender committed the offence in company with 1 or more other persons (including persons who are children); (ha) in the case of an offence against Division 2 or 3 of Part 5, or Part 6A—the offender committed the offence in a place in relation to which, at the time of the offence— (i) there was in force a declaration under Part 4 of the Emergency Management Act 2004; or (ii) — (A) residents and others in the place, or in the vicinity of the place, had been advised (by radio broadcast) by the CFS that, as a result of a severe, extreme or catastrophic fire danger rating in respect of the place, they should activate their bushfire survival plan; and (B) that advice had not been withdrawn or ceased to apply; or (iii) residents and others had not been able to return to the place after leaving in response to a declaration referred to in subparagraph (i) or the provision of advice referred to in subparagraph (ii), and the offender knew, ought reasonably to have known, or was reckless with respect to, that fact; (i) the offender abused a position of authority, or a position of trust, in committing the offence; (ia) in the case of an offence constituted under Part 7B where the principal offence is an aggravated offence—the principal offender was, to the knowledge of the offender under that Part, a child; (j) the offender committed the offence knowing that the victim was, at the time of the offence, in a position of particular vulnerability because of physical disability or cognitive impairment; (k) in the case of an offence against the person— (i) the victim was, to the knowledge of the offender, in a position of particular vulnerability at the time of the offence because of the nature of his or her occupation or employment; (ka) in the case of an offence against the person—the victim was, at the time of the offence, engaged in a prescribed occupation or employment (whether on a paid or volunteer basis) and the offender committed the offence knowing the victim to be acting in the course of the victim's official duties; (l) the offender was, at the time of the offence, acting in contravention of an injunction or other order of a court (made in the exercise of either state or federal jurisdiction) and the offence lay within the range of conduct that the injunction or order was designed to prevent. (1a) For the purposes of section 19A, an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender committed the offence in the course of attempting to escape pursuit by a police officer; (ab) the offender was, at the time of the offence, driving a motor vehicle in a street race; (b) the offender was, at the time of the offence, driving a vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961; (c) the offender committed the offence as part of a prolonged, persistent and deliberate course of very bad driving or vessel operation; (d) the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (e) the offender was, at the time of the offence, driving a vehicle in contravention of section 45A, 47 or 47BA of the Road Traffic Act 1961 or operating a vessel in contravention of section 70(1) of the Harbors and Navigation Act 1993. (1ab) For the purposes of section 19ABA(1) or (2), an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender was, at the time of the offence, driving a motor vehicle knowing that they were disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that their licence was suspended by notice given under the Road Traffic Act 1961; (b) the offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (c) the offender was, at the time of the offence, driving a motor vehicle in contravention of section 44C, 47 or 47BA of the Road Traffic Act 1961; (d) the offender was, at the time of the offence, driving or using a motor vehicle knowing that it had a material defect and that material defect contributed to the commission of the offence. (1b) For the purposes of section 19AC, an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender was, at the time of the offence, driving or using a motor vehicle that— (i) was stolen; or (ii) was being driven or used without the consent of the owner of the vehicle, and the offender knew, or was reckless with respect to, that fact; (b) the offender was, at the time of the offence, driving a motor vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961; (c) the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (d) the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961. (1c) For the purposes of section 19AD, an aggravated offence is an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances: (a) the offender knew that, at the time of the offence, he or she was driving the motor vehicle in circumstances of heightened risk; (b) the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle; (c) the offender knew, or ought reasonably to have known, that, at the time of the offence, he or she was driving a motor vehicle that had a major defect. (1d) For the purposes of section 19ADA, an aggravated offence is— (a) an offence that caused harm to a person; or (b) an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances: (i) the offender was, at the time of the offence, driving or using a motor vehicle that— (A) was stolen; or (B) was being driven or used without the consent of the owner of the vehicle, and the offender knew, or was reckless with respect to, that fact; (ii) the offender committed the offence in the course of attempting to escape pursuit by a police officer; (iii) the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle; (iv) the offender committed the offence while the offender was the holder of— (A) a provisional licence; or (B) a probationary licence; or (C) a learner's permit; or (D) an interstate provisional licence; or (E) an interstate learner's permit, (as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence; (v) the offender was not, at the time of the offence, the holder of— (A) a driver's licence; or (B) a learner's permit; or (C) an interstate licence; or (D) an interstate learner's permit; or (E) a foreign licence, (as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence; (vi) the offender was, at the time of the offence, driving a motor vehicle knowing that they were disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that their licence was suspended by notice given under the Road Traffic Act 1961; (vii) the offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (viii) the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961. (2) A person is taken to know a particular fact if the person, knowing of the possibility that it is true, is reckless as to whether it is true or not. (2a) For the purposes of subsection (1)(ga)(ii), a person will be taken to have identified himself or herself as belonging to, or as being associated with, a criminal organisation if the person displayed (whether on an article of clothing, as a tattoo or otherwise) the insignia of the criminal organisation unless the person proves that he or she did not display the insignia knowingly or recklessly. (2b) Subsection (2a) does not limit the ways in which a person may identify himself or herself as belonging to, or being associated with, a criminal organisation. (3) If a person is charged with an aggravated offence, the circumstances alleged to aggravate the offence must be stated in the instrument of charge. (4) If a jury finds a person guilty of an aggravated offence, and 2 or more aggravating factors are alleged in the instrument of charge, the jury must state which of the aggravating factors it finds to have been established (but a failure to comply with this subsection does not affect the validity of the jury's verdict). (4a) Two people will be taken to be in a relationship for the purposes of subsection (1)(g) if— (a) they are married to each other; or (b) they are domestic partners; or (c) they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or (d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or (e) 1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or (f) 1 is a child and the other is a person who acts in loco parentis in relation to the child; or (g) 1 is a child who normally or regularly resides or stays with the other; or (h) they are brothers or sisters or brother and sister; or (i) they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or (j) they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or (k) 1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other. CFS means the South Australian Country Fire Service; child means a person under 18 years of age; circumstances of heightened risk, in relation to the driving of a motor vehicle, means— (a) driving the motor vehicle between sunset on one day and sunrise on the next day; or (b) driving the motor vehicle in circumstances where traction between the vehicle and the surface being driven on is adversely affected; or (c) driving the motor vehicle in circumstances where visibility is adversely affected; cognitive impairment includes— (a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); (b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder); (c) a mental illness; harm has the same meaning as in section 21; major defect—a motor vehicle has a major defect if use of the motor vehicle constitutes a serious risk to the safety of any person; material defect—a motor vehicle has a material defect if it has a defect that could affect the safe operation of the vehicle; street race has the meaning given in section 19AD. (6) This section does not prevent a court from taking into account, in the usual way, the circumstances of and surrounding the commission of an offence for the purpose of determining sentence. 1 A person is charged with a basic offence and the court finds that the offence was committed in circumstances that would have justified a charge of the offence in its aggravated form. In this case, the court may, in sentencing, take into account the circumstances of aggravation for the purpose of determining penalty but must (of course) fix a penalty within the limits appropriate to the basic offence. 2 A person is charged with an aggravated offence and the court finds a number (but not all) of the circumstances alleged in the instrument of charge to aggravate the offence have been established. In this case, the court may, in sentencing, take into account the established circumstances of and surrounding the aggravated offence (whether alleged in the instrument of charge or not) but must not (of course) take account of circumstances alleged in the instrument of charge that were not established. 5AB—Mandatory penalty for certain child sex offences committed by serious child sex offenders (1) Despite section 53 of the Legislation Interpretation Act 2021, the mandatory penalty for a triggering child sex offence committed by a serious child sex offender is a sentence of indeterminate duration. (2) However, subsection (1) does not apply if the court sentencing a serious child sex offender for a triggering child sex offence— (a) determines under section 48I(1)(a) of the Sentencing Act 2017 that a sentence of imprisonment to be served in a correctional facility is not to be imposed in relation to the offence; or (b) makes a declaration under section 48J of the Sentencing Act 2017, (in which case the maximum penalty for the triggering child sex offence is the maximum penalty for the relevant offence had it not been committed by a serious child sex offender). (3) For the purposes of this section, a reference to a sentence of indeterminate duration will be taken to be a reference to the detention of a person in custody until the sentence of imprisonment is extinguished by order of the Supreme Court under section 48M of the Sentencing Act 2017. serious child sex offender has the same meaning as in the Sentencing Act 2017; triggering child sex offence has the same meaning as in the Sentencing Act 2017. 5A—Abolition of capital punishment (1) Notwithstanding any provision of any Act or law, no sentence of death shall be— (a) imposed on, or recorded against, any person; or (b) carried into execution on any person. (2) Where any person is liable to sentence of death under any Act or law, the court before which that person is convicted shall, instead of sentencing him to death, sentence him to be imprisoned for life. (3) Any sentence of death that was imposed or recorded before the commencement of the Statutes Amendment (Capital Punishment Abolition) Act 1976 shall (whether or not that sentence has been commuted to a sentence of imprisonment for life) be deemed to be a sentence of imprisonment for life imposed by a court of competent jurisdiction. (4) Any direction or order made by the Governor on, or in relation to, the commutation of a sentence of death to a sentence of imprisonment for life shall be deemed to be a direction or order given or made by a court of competent jurisdiction. 5B—Proof of lawful authority or lawful or reasonable excuse In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse the onus of proving the authority or excuse lies on the defendant and in the absence of such proof it will be presumed that no such authority or excuse exists. 5D—Abolition of historical classifications (1) The classification of offences as felonies is abolished. (2) The classification of offences as misdemeanours is abolished.

Part 1A—Territorial application of the criminal law 5E—Interpretation necessary territorial nexus—see section 5G(2); State includes the Northern Territory and the Australian Capital Territory; relevant act in relation to an offence means— (a) an act or omission that is, or causes or contributes to, an element of the offence; or (b) an act or omission that is, or causes or contributes to, something that would, assuming the necessary territorial nexus existed, be an element of the offence; or (c) a state of affairs that is an element of the offence, or would, assuming the necessary territorial nexus existed, be an element of the offence. (2) The question whether the necessary territorial nexus exists in relation to an alleged offence is a question of fact to be determined, where a court sits with a jury, by the jury. 5F—Application (1) The law of this State operates extra-territorially to the extent contemplated by this Part. (2) However— (a) this Part does not operate to extend the operation of a law that is expressly or by necessary implication limited in its application to this State or a particular part of this State; and (b) this Part operates subject to any other specific provision as to the territorial application of the law of the State; and (c) this Part is in addition to, and does not derogate from, any other law providing for the extra-territorial operation of the criminal law.1

1 For example, the Crimes at Sea Act 1998. 5G—Territorial requirements for commission of offence against a law of this State (1) An offence against a law of this State is committed if— (a) all elements necessary to constitute the offence (disregarding territorial considerations) exist; and (b) the necessary territorial nexus exists. (2) The necessary territorial nexus exists if— (a) a relevant act occurred wholly or partly in this State; or (b) it is not possible to establish whether any of the relevant acts giving rise to the alleged offence occurred within or outside this State but the alleged offence caused harm or a threat of harm in this State; or (c) although no relevant act occurred in this State— (i) the alleged offence caused harm or a threat of harm in this State and the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred; or (ii) the alleged offence caused harm or a threat of harm in this State and the harm, or the threat, is sufficiently serious to justify the imposition of a criminal penalty under the law of this State; or (iii) the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred and the alleged offender was in this State when the relevant acts, or at least one of them, occurred; or (d) the alleged offence is a conspiracy to commit, an attempt to commit, or in some other way preparatory to the commission of another offence for which the necessary territorial nexus would exist under one or more of the above paragraphs if it (the other offence) were committed as contemplated. 5H—Procedural provisions (1) In proceedings for an offence against a law of the State, the existence of the necessary territorial nexus will be presumed and the presumption is conclusive unless rebutted under subsection (2). (2) If a person charged with an offence disputes the existence of the necessary territorial nexus, the court will proceed with the trial of the offence in the usual way and if at the conclusion of the trial, the court is satisfied, on the balance of probabilities, that the necessary territorial nexus does not exist, it must, subject to subsection (3), make a finding to that effect and the charge will be dismissed. (3) If the court would, disregarding territorial considerations— (a) find the person not guilty of the offence—the court must record a finding of not guilty; or (b) find that the conduct has been proved but the person is not criminally responsible due to mental incompetence—the court must record a finding of conduct proved but not criminally responsible due to mental incompetence. (4) The issue of whether the necessary territorial nexus exists must, if raised before the trial, be reserved for consideration at the trial. (5) A power or authority exercisable on reasonable suspicion that an offence has been committed may be exercised in the State if the person in whom the power or authority is vested suspects on reasonable grounds that the elements necessary to constitute the offence exist (whether or not that person suspects or has any ground to suspect that the necessary territorial nexus exists). 5I—Double criminality (1) If— (a) an offence against the law of another State (the external offence) is committed wholly or partly in this State; and (b) a corresponding offence (the local offence) exists under the law of this State, an offence (an auxiliary offence) arises under the law of this State. (2) The maximum penalty for an auxiliary offence is the maximum penalty for the external offence or the maximum penalty for the local offence (whichever is the lesser). (3) If a person is charged with an offence (but not specifically an auxiliary offence) and the court finds that the defendant has not committed the offence as charged but has committed the relevant auxiliary offence, the court may make or return a finding that the defendant is guilty of the auxiliary offence.

Part 2—Treason 6—Repeal The Acts 36 George III C. 7 and 57 George III C. 6 of the Imperial Parliament, except those provisions which relate to the compassing, imagining, inventing, devising or intending of the death or destruction, or any bodily harm tending to the death or destruction, maiming or wounding, imprisonment or restraint, of the person of Her Majesty, and the expressing, uttering or declaring of such compassings, imaginations, inventions, devices or intentions, are repealed. 7—Treason Any person who compasses, imagines, invents, devises or intends— (a) to deprive or depose Her Majesty from the style, honour or Royal name of the Imperial Crown of the United Kingdom or of any other of Her Majesty's dominions and countries; or (b) to levy war against Her Majesty within any part of the United Kingdom or any other of Her Majesty's dominions in order— (i) by force or constraint, to compel Her to change Her measures or counsels; or (ii) to put any force or constraint on, or to intimidate or overawe, both Houses or either House of the Parliament of the United Kingdom or the Parliament of this State; or (c) to move or stir any foreigner or stranger with force to invade the United Kingdom or any other of Her Majesty's dominions or countries under the obeisance of Her Majesty, and expresses, utters or declares such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, shall be guilty of an offence and liable to be imprisoned for life or for a term of not less than six months. 8—Time within which prosecution shall be commenced and warrant issued (1) No person shall be prosecuted under section 7 in respect of any compassings, imaginations, inventions, devices or intentions which are expressed, uttered or declared by open and advised speaking only, unless— (a) information of the compassings, imaginations, inventions, devices or intentions and of the words by which they were expressed, uttered or declared is given on oath to a justice within six days after the words were spoken; and (b) a warrant for the apprehension of the person by whom the words were spoken is issued within ten days after that information was given. (2) No person shall be convicted of any such compassings, imaginations, inventions, devices or intentions which are expressed, uttered or declared by open or advised speaking except on his own confession in open court or unless the words so spoken are proved by two credible witnesses. 9—In informations more than one overt act may be charged (1) It shall be lawful in any information under section 7 to charge against the offender any number of the matters, acts or deeds by which the compassings, imaginations, inventions, devices or intentions were expressed, uttered or declared. (2) If the facts or matters alleged in an information under section 7 amount in law to treason, the information shall not for that reason be deemed void, erroneous or defective and, if the facts or matters proved on the trial of any person so informed against amount in law to treason, the accused person shall not for that reason be entitled to be acquitted of the offence charged, but no person tried for that offence shall be afterwards prosecuted for treason on the same facts. 10—Nothing herein to affect 25 Edward III Stat. 5, c. 2 The provisions of this Part shall not lessen the force of, or in any manner affect, anything enacted by the Statute passed in the twenty-fifth year of King Edward the Third: "A Declaration which Offences shall be adjudged Treason". 10A—Penalty for treason Any person who is convicted of treason shall be imprisoned for life.

Part 3—Offences against the person etc Division 1—Homicide 11—Murder Any person who commits murder shall be guilty of an offence and shall be imprisoned for life. 12—Conspiring or soliciting to commit murder Any person who— (a) conspires, confederates and agrees with any other person to murder any person, whether he is a subject of Her Majesty or not and whether he is within the Queen's dominions or not; (b) solicits, encourages, persuades or endeavours to persuade, or proposes to, any person to murder any other person, whether he is a subject of Her Majesty or not and whether he is within the Queen's dominions or not, shall be guilty of an offence and liable to be imprisoned for life. 12A—Causing death by an intentional act of violence A person who commits an intentional act of violence while acting in the course or furtherance of a major indictable offence punishable by imprisonment for ten years or more, and thus causes the death of another, is guilty of murder. 13—Manslaughter (1) Any person who is convicted of manslaughter shall be liable to be imprisoned for life or to pay such fine as the court awards or to both such imprisonment and fine. (2) If a court convicting a person of manslaughter is satisfied that the victim's death was caused by the convicted person's use of a motor vehicle, the court must order that the person be disqualified from holding or obtaining a driver's licence for 10 years or such longer period as the court orders. (3) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and 13A—Criminal liability in relation to suicide (1) It is not an offence to commit or attempt to commit suicide. (2) Notwithstanding the provisions of subsection (1), a person who finds another committing or about to commit an act which he believes on reasonable grounds would, if committed or completed, result in suicide is justified in using reasonable force to prevent the commission or completion of the act. (3) If on the trial of a person for the murder of another the jury is satisfied that the accused killed the other, or was a party to the other being killed by a third person, but is further satisfied that the acts or omissions alleged against the accused were done or made in pursuance of a suicide pact with the person killed, then, subject to subsection (11), the jury shall not find the accused guilty of murder but may bring in a verdict of manslaughter. (4) The killing of another or an attempt to kill another in pursuance of a suicide pact shall, for the purposes of determining the criminal liability of a person who was a party to the killing or attempt but not a party to the suicide pact, be regarded as murder or attempted murder, as the case may require. (5) A person who aids, abets or counsels the suicide of another, or an attempt by another to commit suicide, shall be guilty of an indictable offence. (6) The penalty for an offence against subsection (5) shall be— (a) subject to paragraph (b)— (i) where suicide was committed—imprisonment for a term not exceeding fourteen years; (ii) where suicide was attempted—imprisonment for a term not exceeding eight years; (b) where the convicted person committed the offence in pursuance of a suicide pact and— (i) suicide was committed—imprisonment for a term not exceeding five years; (ii) suicide was attempted—imprisonment for a term not exceeding two years. (7) A person who, by fraud, duress or undue influence, procures the suicide of another or an attempt by another to commit suicide shall (whether or not he was a party to a suicide pact with the other person) be guilty of murder or attempted murder, as the case may require. (8) If on the trial of a person for murder or attempted murder the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that he is guilty of an offence against subsection (5), the jury may bring in a verdict that he is guilty of an offence against that subsection. (9) In any criminal proceedings in which it is material to establish the existence of a suicide pact and whether an act was done, or an omission made, in pursuance of the pact, the onus of proving the existence of the pact and that the act was done, or the omission made, in pursuance of the pact shall lie on the accused. (10) For the purposes of this section— (a) suicide pact means an agreement between two or more persons having for its object the death of all of them whether or not each is to take his own life; and (b) nothing done or omitted to be done by a person who enters into a suicide pact shall be treated as done or omitted to be done in pursuance of the pact unless it is done or omitted to be done while he has the settled intention of dying in pursuance of the pact. (11) Where a person induced another to enter into a suicide pact by means of fraud, duress or undue influence, the person is not entitled in relation to an offence against the other to any mitigation of criminal liability or penalty under this section based on the existence of the pact. (12) To avoid doubt, the death of a person by the administration of a voluntary assisted dying substance in accordance with the Voluntary Assisted Dying Act 2021 does not constitute suicide. See section 6 of the Voluntary Assisted Dying Act 2021.

Division 1A—Criminal neglect etc 13B—Interpretation act includes— (a) an omission; and (b) a course of conduct; child means a person under 16 years of age; cognitive impairment includes— (a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); (b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder); (c) a mental illness; vulnerable adult means a person aged 16 years or above who is significantly impaired through physical disability, cognitive impairment, illness or infirmity. (2) Subject to subsection (3), in this Division the following terms and phrases have the same meaning as in Division 7A: (a) cause; (b) harm. (3) For the purposes of this Division, a reference to harm will be taken to include detriment caused to the physical, mental or emotional wellbeing or development of a child or vulnerable adult (whether temporary or permanent). (4) For the purposes of this Division, a defendant has a duty of care to a victim if the defendant is a parent or guardian of the victim or has assumed responsibility for the victim's care. 14—Criminal neglect (1) A person (the defendant) is guilty of the offence of criminal neglect if— (a) a child or a vulnerable adult (the victim) dies or suffers harm as a result of an act; and (b) the defendant had, at the time of the act, a duty of care to the victim; and (c) the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by the act; and (d) the defendant failed to take steps that he or she could reasonably be expected to have taken in the circumstances to protect the victim from harm and the defendant's failure to do so was, in the circumstances, so serious that a criminal penalty is warranted. (a) where the victim dies—imprisonment for life; or (b) in any other case—imprisonment for 15 years. (2) If a jury considering a charge of criminal neglect against a defendant finds that— (a) there is reasonable doubt as to the identity of the person who committed the act that caused the victim's death or harm; but (b) the act can only have been the act of the defendant or some other person who, on the evidence, may have committed the act, the jury may find the defendant guilty of the charge of criminal neglect even though of the opinion that the act may have been the act of the defendant. (3) If a defendant is charged with an offence against this section in respect of a course of conduct— (a) it is not necessary to prove that the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by each act making up the course of conduct; and (b) the information need not— (i) allege particulars of each act with the degree of particularity that would be required if the act were charged as an offence under a different section of this or any other Act; or (ii) identify particular acts or the occasions on which, places at which or order in which acts occurred; or (iii) identify particular acts as causing, wholly or partly, particular harm to the victim. (4) A defendant may be charged with an offence against this section in respect of a course of conduct even if some of the acts making up the course of conduct occurred before the commencement of this section. 14A—Failing to provide food etc in certain circumstances If— (a) a person is liable to provide necessary food, clothing or accommodation to a child or vulnerable adult; and (b) the person, without lawful excuse, fails to provide that food, clothing or accommodation, Division 2—Defences 14B—Abolition of certain common law defences (1) The following common law defences are abolished: (a) provocation; (b) necessity; (c) duress; (d) marital coercion. (2) To avoid doubt, the common law defences abolished by subsection (1) remain available in respect of offences allegedly committed before the commencement of that subsection. 15—Self defence (1) It is a defence to a charge of an offence if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; and (b) the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist1. (2) Subject to subsection (2a), it is a partial defence to a charge of murder (reducing the offence to manslaughter) if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but (b) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist.2 (2a) A defendant is not entitled to rely on a defence under subsection (2) in relation to a charge of murder if the prosecution proves beyond reasonable doubt that the genuine belief of the defendant, that the conduct to which the charge relates was necessary and reasonable for a defensive purpose, was substantially affected by the voluntary and non‑therapeutic consumption of a drug. It may be that the genuine belief of a defendant is not substantially affected by the consumption of a drug where there is evidence of other matters substantially informing or affecting the belief (for example, if the offence occurred in circumstances of family violence—see section 15B(2)). (3) For the purposes of this section, a person acts for a defensive purpose if the person acts— (a) in self defence or in defence of another; or (b) to prevent or terminate the unlawful imprisonment of himself, herself or another. (4) However, if a person— (a) resists another who is purporting to exercise a power of arrest or some other power of law enforcement; or (b) resists another who is acting in response to an unlawful act against person or property committed by the person or to which the person is a party, the person will not be taken to be acting for a defensive purpose unless the person genuinely believes, on reasonable grounds, that the other person is acting unlawfully. (5) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt. drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; non-therapeutic—consumption of a drug is to be considered non‑therapeutic unless— Notes— 1 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable. 2 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence. 15A—Defence of property etc (1) It is a defence to a charge of an offence if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable— (i) to protect property from unlawful appropriation, destruction, damage or interference; or (ii) to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or (iii) to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and (b) if the conduct resulted in death—the defendant did not intend to cause death nor did the defendant act recklessly realising that the conduct could result in death; and (c) the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist1. (2) Subject to subsection (2a), it is a partial defence to a charge of murder (reducing the offence to manslaughter) if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable— (i) to protect property from unlawful appropriation, destruction, damage or interference; or (ii) to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or (iii) to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and (b) the defendant did not intend to cause death; but (c) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist.2 (2a) A defendant is not entitled to rely on a defence under subsection (2) in relation to a charge of murder if the prosecution proves beyond reasonable doubt that the genuine belief of the defendant, that the conduct to which the charge relates was necessary and reasonable for a purpose referred to in subsection (2)(a), was substantially affected by the voluntary and non‑therapeutic consumption of a drug. It may be that the genuine belief of a defendant is not substantially affected by the consumption of a drug where there is evidence of other matters substantially informing or affecting the belief (for example, if the offence occurred in circumstances of family violence—see section 15B(2)). (3) For the purposes of this section, a person commits a criminal trespass if the person trespasses on land or premises— (a) with the intention of committing an offence against a person or property (or both); or (b) in circumstances where the trespass itself constitutes an offence or is an element of the offence. (4) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt. drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; non-therapeutic—consumption of a drug is to be considered non‑therapeutic unless— Notes— 1 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable. 2 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence. 15B—Reasonableness etc where offence committed in circumstances of family violence (1) A requirement under this Division that the defendant's conduct be (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist does not imply that the force used by the defendant cannot exceed the force used against him or her. (2) In a trial for an offence in which the defendant raises a defence under this Division, the question of whether— (a) the defendant genuinely believed that particular conduct was necessary and reasonable (either for a defensive purpose or for the purposes referred to in section 15A(1)(a)); or (b) particular conduct was reasonably proportionate to a particular threat; or (c) the defendant reasonably believed that a particular threat would be carried out; or (d) the defendant reasonably believed that particular conduct was the only reasonable way a particular threat could be avoided; or (e) particular conduct was a reasonable response to a particular threat, is, if the defendant asserts that the offence occurred in circumstances of family violence, to be determined having regard to any evidence of family violence admitted in the course of the trial. circumstances of family violence has the same meaning as in section 34V of the Evidence Act 1929; evidence of family violence has the same meaning as in section 34W of the Evidence Act 1929. 15C—Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion (1) This section applies where— (a) a relevant defence would have been available to the defendant if the defendant's conduct had been (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist (the perceived threat); and (b) the victim was not a police officer acting in the course of his or her duties. (2) In a case to which this section applies, the defendant is entitled to the benefit of the relevant defence even though the defendant's conduct was not (objectively) reasonably proportionate to the perceived threat if the defendant establishes, on the balance of probabilities, that— (a) the defendant genuinely believed the victim to be committing, or to have just committed, home invasion; and (b) the defendant was not (at or before the time of the alleged offence) engaged in any criminal misconduct that might have given rise to the threat or perceived threat; and (c) the defendant's mental faculties were not, at the time of the alleged offence, substantially affected by the voluntary and non-therapeutic consumption of a drug. criminal misconduct means conduct constituting an offence for which a penalty of imprisonment is prescribed; drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; home invasion means a serious criminal trespass committed in a place of residence; non-therapeutic—consumption of a drug is to be considered non-therapeutic unless— (b) the drug is of a kind available, without prescription, from registered pharmacists, and is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions; relevant defence means a defence under section 15(1) or section 15A(1). 15D—Duress (1) It is a defence to a charge of an offence (other than a prescribed offence) if— (a) at the time of carrying out the conduct constituting the offence, the defendant reasonably believed that— (i) a threat had been made that would be carried out unless the person engaged in the conduct; and (ii) carrying out the conduct was the only reasonable way that the threat could be avoided; and (b) the conduct was a reasonable response to the threat. (2) However, this section does not apply if the threat referred to in subsection (1)(a) was made by or on behalf of a person with whom the defendant was voluntarily associating for the purpose of carrying out conduct of the kind actually carried out. (3) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt. prescribed offence means— (a) murder; or (b) attempted murder; or (c) conspiring or soliciting to commit murder; or (d) aiding, abetting, counselling or procuring the commission of murder; or (e) any other offence prescribed by the regulations for the purposes of this definition. 15E—Sudden or extraordinary emergency (1) It is a defence to a charge of an offence (other than a prescribed offence) if— (a) the defendant carried out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency; and (b) at the time of carrying out the conduct, the defendant reasonably believed that— (i) circumstances of sudden or extraordinary emergency existed; and (ii) carrying out the conduct constituting the offence charged was the only reasonable way to deal with the emergency; and (c) the conduct was a reasonable response to the emergency. (2) To avoid doubt, an emergency need not involve a risk of death or serious harm. (3) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt. prescribed offence means— (a) murder; or (b) attempted murder; or (c) conspiring or soliciting to commit murder; or (d) aiding, abetting, counselling or procuring the commission of murder; or (e) any other offence prescribed by the regulations for the purposes of this definition. 15F—Review of Division (1) The Minister must cause a review of the operation of this Division (as amended by the Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020) to be conducted and a report on the review to be prepared and submitted to the Minister. (2) The review and report must include— (a) consideration of the effect (if any) of the abolition of the common law defences specified in section 14B; and (b) consideration of the effect (if any) that section 15B(2) has had generally on the operation of sections 15 and 15A; and (c) consideration of the operation of the defences set out in sections 15D and 15E; and (d) a recommendation as to whether further modification to the Act is necessary or desirable for the purpose of recognising and addressing the role family violence plays in relation to certain offending, and may include any other matter the Minister thinks fit. (3) The review and the report must be completed after the fifth, but before the sixth, anniversary of the commencement of this section. (4) A report under this section may be combined with a report under section 34Z of the Evidence Act 1929. (5) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report. Division 3—Miscellaneous 16—Petit treason Every offence which, before the commencement of the Act 9 George IV C. 31 of the Imperial Parliament, would have amounted to petit treason shall be deemed to be murder only, and no greater offence, and shall be punishable accordingly. 18—Abolition of year-and-a-day rule An act or omission that in fact causes death will be regarded in law as the cause of death even though the death occurs more than a year and a day after the act or omission. Division 4—Unlawful threats 19—Unlawful threats (a) threatens, without lawful excuse, to kill or endanger the life of another; and (b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused, (b) for an aggravated offence—imprisonment for 12 years. (a) threatens, without lawful excuse, to cause harm to another; and (b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused, (c) for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 8 years. (3) This section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct. harm, in relation to a person, has the same meaning as in section 21. Division 5—Stalking and harassment 19AA—Stalking and harassment (1) A person is guilty of stalking and harassment of another person if— (a) on at least two separate occasions, the person— (i) follows the other person; or (ii) loiters outside the place of residence of the other person or some other place frequented by the other person; or (iii) enters or interferes with property in the possession of the other person; or (iv) gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or (iva) publishes or transmits offensive material in such a way that the offensive material will be found by, or brought to the attention of, the other person; or (ivaa) publishes or transmits material that appears to have been prepared, published, transmitted or authorised by the other person in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or (ivb) communicates with the other person, or to others about the other person, in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or (v) monitors, tracks or surveils the other person, or the person's movements, activities or associations; or A person may monitor, track or surveil another person by— • using a tracking device or drone to track the other person's movements • accessing the other person's call history, internet browser history, messages or other history or communications • accessing or monitoring the other person's social media account, email account or other online account. (vi) acts in any other way that could reasonably be expected to arouse the other person's apprehension or fear; and (b) the person— (i) intends to cause physical or mental harm to the other person or a third person; or (ii) intends to cause serious apprehension or fear; or (iii) ought reasonably to have known that— (A) physical or mental harm would be caused to the other person or a third person; or (B) serious apprehension or fear would be caused. (2) For the purposes of subsection (1), a reference to conduct set out in paragraph (a)(iv) to (vi) (inclusive) will be taken to include, without limitation, conduct that is engaged in or undertaken— (a) by way of the internet or any other form of electronic communication or technology; or (b) by way of a social media platform or any other online platform or network; or (c) by way of telephone, email, fax or any other associated technology; or (d) by way of mail or any other analogue manner of communication; or (e) in person. (2a) It is a defence to a charge of an offence against subsection (1) if the defendant proves that the conduct allegedly constituting the offence was engaged in with lawful authority. (3) A person who is charged with stalking and harassment is (subject to any exclusion in the instrument of charge) to be taken to have been charged in the alternative with offensive behaviour1 so that if the court is not satisfied that the charge of stalking and harassment has been established but is satisfied that the charge of offensive behaviour has been established, the court may convict the person of offensive behaviour. (4) A person who has been acquitted or convicted on a charge of stalking and harassment may not be convicted of another offence arising out of the same set of circumstances and involving a physical element that is common to that charge. (5) A person who has been acquitted or convicted on a charge of an offence other than stalking and harassment may not be convicted of stalking and harassment if the charge of stalking and harassment arises out of the same set of circumstances and involves a physical element that is common to the charge of that other offence. (6) For the purposes of this section, the circumstances of a dealing with material may be taken into account in determining whether the material was offensive material but, if material was inherently offensive material, the circumstances of a dealing with the material cannot be taken to have deprived it of that character. 1 See section 7 of the Summary Offences Act 1953.

Division 6—Serious vehicle and vessel offences 19AAB—Interpretation consumption in relation to a drug includes injection and any other form of administration; harm, physical harm and serious harm have the same meanings as in section 21; Registrar of Motor Vehicles has the same meaning as in the Road Traffic Act 1961. 19A—Causing death or harm by dangerous use of vehicle or vessel (a) drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and (b) by that culpable negligence, recklessness or other conduct, causes the death of another, (i) for a first offence that is a basic offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 7 years. (3) A person who— (a) drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and (b) by that culpable negligence, recklessness or other conduct, causes harm to another, (a) where a motor vehicle or motor vessel was used in the commission of the offence and serious harm was caused to a person— (i) for a first offence that is a basic offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where a motor vehicle or motor vessel was used in the commission of the offence but serious harm was not caused to any person— (i) for a first offence that is a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (c) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 5 years. (5) In determining whether an offence is a first or subsequent offence for the purposes of this section a previous offence against— (a) this section; or (b) section 19AC; or (c) section 46 of the Road Traffic Act 1961; or (d) section 69A of the Harbors and Navigation Act 1993, for which the defendant has been convicted will be taken into account. (6) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (7) A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (3) in respect of each person who suffers harm, in consequence of the same act or omission (but in determining whether an offence arising out of a particular act or omission is a first or subsequent offence for the purposes of this section, a conviction for an offence arising out of the same act or omission cannot be taken into account). (8) Where at the trial of a person for an offence against this section it appears that the defendant was, or may have been, in a state of self-induced intoxication at the time of the alleged offence but the evidence adduced at the trial would, assuming that the defendant had been sober, be sufficient to establish the mental elements of the alleged offence, the mental elements of the alleged offence shall be deemed to have been established against the defendant. (9) For the purposes of subsection (8), intoxication shall be taken to be self-induced if it results from the voluntary consumption of alcohol or a drug (not being a drug supplied on the prescription of, and consumed in accordance with the directions of, a legally qualified medical practitioner). (10) It is a defence to a charge of an offence against this section for the defendant to prove that he or she was, at the time of the offence— (a) carrying out duties as an emergency worker; and (b) acting in accordance with the directions of his or her employing authority; and (c) acting reasonably in the circumstances as he or she believed them to be. (11) In this section— emergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section; employing authority means— (a) in relation to a police officer—the Commissioner of Police; or (b) in relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person. 19AB—Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes the death of another; and (c) fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident, (i) for a first offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 7 years. (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes physical harm to another; and (c) fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident, (a) where a motor vehicle or motor vessel was used in the commission of the offence and the physical harm caused to a person amounts to serious harm— (i) for a first offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where a motor vehicle or motor vessel was used in the commission of the offence but the physical harm caused to any person does not amount to serious harm— (i) for a first offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for a subsequent offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (c) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 5 years. (3) For the purposes of subsection (1) and (2)— (a) a person fails to satisfy the statutory obligations of a driver of a vehicle in relation to an incident if the person commits an offence against section 43 of the Road Traffic Act 1961 in relation to the incident; and (b) a person fails to satisfy the statutory obligations of an operator of a vessel in relation to an incident if the person commits an offence against section 75 or 76 of the Harbors and Navigation Act 1993 in relation to the incident. (4) In determining whether an offence is a first or subsequent offence for the purposes of this section, all previous offences against this section or section 19A that involved the driving of a motor vehicle or operation of a motor vessel must be taken into account except that such an offence will not be taken to be a previous offence for the purposes of subsection (1), or an offence against subsection (2) in which serious harm was caused to a person, unless it resulted in the death of, or grievous bodily or serious harm to, the victim. (5) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (6) A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (2) in respect of each person who suffers physical harm, in consequence of the same act or omission (but in determining whether an offence arising out of a particular act or omission is a first or subsequent offence for the purposes of this section, a conviction for an offence arising out of the same act or omission cannot be taken into account). 19ABA—Causing death or serious harm by careless use of vehicle or vessel (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes the death of another, (i) for a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for an aggravated offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 3 years. (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes serious harm to another, (i) for a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for an aggravated offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 2 years. (3) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (4) A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (2) in respect of each person who suffers serious harm, in consequence of the same act or omission. (5) It is a defence to a charge of an offence against this section for the defendant to prove that they were, at the time of the offence— (a) carrying out duties as an emergency worker; and (b) acting in accordance with the directions of their employing authority; and (c) acting reasonably in the circumstances as they believed them to be. (6) Sections 22, 53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation to an offence against this section as if a reference in any of those sections to an offence against that Act was a reference to the offence against this section. emergency worker has the same meaning as in section 19A; employing authority has the same meaning as in section 19A. 19AC—Dangerous driving to escape police pursuit etc (1) A person who, intending to— (a) escape pursuit by a police officer; or (b) cause a police officer to engage in a pursuit, drives a motor vehicle in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person is guilty of an offence. (b) for an aggravated offence—imprisonment for 5 years. (2) Where a court convicts a person of an offence against subsection (1) the following provisions apply: (a) the court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 2 years, as the court thinks fit; (b) the disqualification prescribed by paragraph (a) may not be reduced or mitigated in any way or be substituted by any other penalty or sentence; (c) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification. (3) If a person is tried on a charge of an offence against section 29— (a) the person may not be convicted of both the offence against section 29 and an offence against subsection (1) if the charge under subsection (1) arises out of the same set of circumstances that gave rise to the charge under section 29; and (b) an offence against subsection (1) is not available as an alternative verdict to the charge under section 29 unless the offence against subsection (1) was specified in the instrument of charge as an alternative offence. 19AD—Street racing (1) A person who participates in a street race, or in preparations for a proposed street race, is guilty of an offence. (a) for a first offence that is a basic offence—imprisonment for 3 years and disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (b) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for 5 years and disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders. (2) For the purposes of this section, a person participates in a street race, or in preparations for a proposed street race, if the person— (a) drives a motor vehicle in the street race; or (b) promotes, or assists in the promotion of, the street race or proposed street race in any way; or (c) engages in any other conduct that assists, or is intended to assist, in the street race or proposed street race taking place. (3) However, subsection (1) does not apply to a street race that occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place. (4) Where a person is, on conviction of an offence against this section, disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (5) For the avoidance of doubt, a person may be found guilty of an offence against this section relating to a proposed street race whether or not the street race in fact took place. (6) In determining whether an offence is a first or subsequent offence for the purposes of this section— (a) a previous offence against section 45A, 46, 47 or 47B (other than a category 1 offence against that section) of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and (b) a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account. promote, in relation to a street race or proposed street race, includes— (a) organise or conduct the street race; or (b) offer an inducement to another person to participate in the street race; road and road‑related area have the same meaning as in the Road Traffic Act 1961; street race means any or all of the following when conducted on a road or a road‑related area: (a) a race between 2 or more motor vehicles (whether the race is a drag race or otherwise, and whether the race is over a predetermined or indeterminate course); (b) a trial to determine how quickly a motor vehicle can cover the distance between 2 points; (c) a competition between, or display involving, 2 or more motor vehicles consisting of or including the production of sustained wheel spin; (d) a trial of a motor vehicle's speed or performance, or of a driver's skill, but does not include conduct declared by the regulations not to be included within the ambit of this definition. (8) A regulation made for the purposes of the definition of street race may confer a discretionary power on the Attorney‑General, the Commissioner of Police or any other specified person or body. 19ADA—Extreme speed (1) A person who drives a motor vehicle at an extreme speed is guilty of an offence. (2) For the purposes of subsection (1), a person drives a motor vehicle at an extreme speed if— (a) the relevant speed limit is 60 kilometres an hour or less and the person drives the vehicle at a speed exceeding the relevant speed limit by 55 kilometres an hour or more; or (b) the relevant speed limit is more than 60 kilometres an hour and the person drives the vehicle at a speed exceeding the relevant speed limit by 80 kilometres an hour or more. (3) Subsection (1) does not apply to the driver of an emergency vehicle if— (a) in the circumstances— (i) the driver is taking reasonable care; and (ii) it is reasonable that the provision should not apply; and (b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm. (4) Subsection (3)(b) does not apply to a vehicle used by a police officer if, in the circumstances, it is reasonable— (a) not to display the light or sound the alarm; or (b) for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm. (5) If a court convicts a person of an offence against subsection (1), the following provisions apply: (a) the court must order that the person is disqualified from holding or obtaining a driver's licence for the following period: (i) for a first offence— (A) if the offence is a basic offence—such period, being not less than 2 years, as the court thinks fit; or (B) if the offence is an aggravated offence—such period, being not less than 5 years, as the court thinks fit; (ii) for a subsequent offence—such period, being not less than 5 years, as the court thinks fit; (b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence; (c) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification. (6) If a person is tried on a charge of an offence against section 29— (a) the person may not be convicted of both the offence against section 29 and an offence against subsection (1) if the charge under subsection (1) arises out of the same set of circumstances that gave rise to the charge under section 29; and (b) an offence against subsection (1) is not available as an alternative verdict to the charge under section 29 unless the offence against subsection (1) was specified in the instrument of charge as an alternative offence. (7) In determining whether an offence is a first or subsequent offence for the purposes of this section— (a) a previous offence against section 45A or 46 of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and (b) a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account. (8) This section is in addition to, and does not derogate from, any other provision relating to speed limits contained in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act or in any regulation, rule or by‑law made under the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act. (9) Sections 22, 53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation to an offence against subsection (1) as if a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (1). (10) In this section— emergency vehicle means a motor vehicle used by a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section; relevant speed limit, for a person who drives a motor vehicle, means a speed limit that applies to the driver under— (a) the Road Traffic Act 1961 (other than section 82 or 83); or (b) the Motor Vehicles Act 1959. 19AE—Commissioner of Police to impose immediate licence disqualification or suspension following certain charges (1) If a person is, after the commencement of this section, charged with an offence against section 19A, section 19AB or section 19ABA (in any case being an offence where a motor vehicle was used in the commission of the offence and where the offence caused the death of, or serious harm to, a person), the Commissioner of Police must, as soon as is reasonably practicable after the person is so charged and in accordance with any requirements set out in the regulations, give the person a notice of immediate licence disqualification or suspension. (1a) A notice of immediate licence disqualification or suspension under this section must— (a) contain the prescribed particulars; and (b) comply with any requirements specified by the regulations. (2) If a person is given a notice of immediate licence disqualification or suspension under this section— (a) in the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the prescribed period; or (b) in the case of a person who holds a driver's licence—the person's driver's licence is suspended for the prescribed period. (3) The Commissioner of Police must ensure that the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles. (4) The Registrar of Motor Vehicles must, on receiving particulars of a notice of immediate licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of immediate licence disqualification or suspension. (5) The operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (4). (6) A court may, on the application of a person to whom a notice of immediate licence disqualification or suspension is given under this section, if the court is satisfied on the basis of evidence given on oath by or on behalf of the person that— (a) exceptional circumstances exist in relation to the person or the alleged offence such that it is, in all the circumstances, appropriate that an order be made under this subsection; and (b) the person does not pose a substantial risk to other members of the public if an order is made under this subsection, order that the disqualification of the person from holding or obtaining a driver's licence be removed, or the suspension of the person's driver's licence end, (as the case requires) on the date specified in the order. (7) The Crown is entitled to be heard on an application under subsection (6). (8) Without limiting the evidence that may be adduced by the Crown on the question of whether a person poses a substantial risk to members of the public, the Crown may, in relation to an application under subsection (6)— (a) evidence of previous offences relating to the applicant's use of a motor vehicle for which the applicant has been found guilty or that the applicant has expiated; or (b) adduce evidence of the alleged offence to which the notice of immediate licence disqualification or suspension under this section relates. (9) A court must, as soon as is reasonably practicable after an order is made under subsection (6) and in a manner and form determined by the Registrar of Motor Vehicles, notify the Registrar of Motor Vehicles of the terms of the order. (10) If— (a) a period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of immediate licence disqualification or suspension under this section; and (b) a court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and (c) a mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence, then— (d) the court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and (e) despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose order that the period imposed be taken to have commenced on the day on which the licence disqualification or suspension commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification), and if the person is the holder of a driver's licence, the licence will be taken to have been cancelled from the day on which the order of the court is made. (10a) If the Commissioner of Police is satisfied that a notice of licence disqualification or suspension under this section should not have been given because— (a) the notice has been given to a particular person in error; or (b) the notice is defective; or (c) there is other proper cause for which the notice should not have been given, the Commissioner may withdraw the notice. (10b) A withdrawal referred to in subsection (10a) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner of Police, to the person to whom the notice of licence disqualification or suspension was given. (10c) The notice of withdrawal must specify the reason for withdrawal. (10d) If a notice of licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of licence disqualification or suspension to any person, give such a notice. (11) No compensation is payable by the Crown or the Commissioner of Police in respect of the exercise, or purported exercise, of powers under this section (however, nothing in this subsection protects the Commissioner of Police from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith). (12) This section is in addition to, and does not derogate from, the Road Traffic Act 1961 or any other Act or law. (13) For the purposes of this section, a reference to the charging of a person with an offence against section 19A, section 19AB or section 19ABA will be taken to include a reference to the laying of an information charging a person with such an offence (and the person will be taken to have been charged at the time the information is laid in court in accordance with the Criminal Procedure Act 1921). (14) In this section— prescribed period means the period— (a) commencing at the time that the person is given a notice of immediate licence disqualification or suspension under this section; and (b) finishing— (i) if a court makes an order under subsection (6)—on the date specified in that order; or (ii) if the person is found guilty of the offence to which the disqualification or suspension relates—at the time that the person is sentenced in relation to the offence; or (iii) if the person is acquitted of the offence, or the charge of the offence is withdrawn—at the time that person is so acquitted or the charge withdrawn (as the case requires). 19AF—Power of police to impose immediate licence disqualification or suspension for certain offences (1) If a police officer reasonably believes that a person has, after the commencement of this section, committed— (a) an offence against section 19A (being an offence where a motor vehicle was used in the commission of the offence); or (ab) an offence against section 19AB (being an offence where a motor vehicle was used in the commission of the offence); or (ac) an offence against section 19ABA (being an offence where a motor vehicle was used in the commission of the offence); or (b) an offence against section 19ADA(1), the police officer may give the person a notice of immediate licence disqualification or suspension. (1a) A notice of immediate licence disqualification or suspension under this section must— (a) contain the prescribed particulars; and (b) comply with any requirements specified by the regulations. (2) If a person is given a notice of immediate licence disqualification or suspension under this section— (a) in the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the prescribed period; or (b) in the case of a person who holds a driver's licence—the person's driver's licence is suspended for the prescribed period. (3) The Commissioner of Police must ensure that the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles. (4) The Registrar of Motor Vehicles must, on receiving particulars of a notice of immediate licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of immediate licence disqualification or suspension. (5) The operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (4). (6) A court may, on the application of a person to whom a notice of immediate licence disqualification or suspension is given under this section, if the court is satisfied on the basis of evidence given on oath by or on behalf of the person that— (a) exceptional circumstances exist in relation to the person or the alleged offence such that it is, in all the circumstances, appropriate that an order be made under this subsection; and (b) the person does not pose a substantial risk to other members of the public if an order is made under this subsection, order that the disqualification of the person from holding or obtaining a driver's licence be removed, or the suspension of the person's driver's licence end, (as the case requires) on the date specified in the order. (7) The Crown is entitled to be heard on an application under subsection (6). (8) Without limiting the evidence that may be adduced by the Crown on the question of whether a person poses a substantial risk to members of the public, the Crown may, in relation to an application under subsection (6)— (a) adduce evidence of previous offences relating to the applicant's use of a motor vehicle for which the applicant has been found guilty or that the applicant has expiated; or (b) adduce evidence of the alleged offence to which the notice of immediate licence disqualification or suspension under this section relates. (9) The court must ensure that the prescribed particulars of an order under subsection (6) are forwarded to the Registrar of Motor Vehicles. (10) If a person is given a notice of immediate licence disqualification or suspension under this section and a determination is later made that the person should not be charged with an offence against section 19A, section 19AB, section 19ABA or section 19ADA(1), the Commissioner of Police must ensure that the person is given, or sent by post, written notice of that determination containing the information required by the regulations. (11) The Commissioner of Police must ensure that the prescribed particulars of a determination referred to in subsection (10) are forwarded to the Registrar of Motor Vehicles. (12) The laying of charges against a person is not prevented by a failure to comply with subsection (10) in relation to the person or by the making of a determination referred to in that subsection or the notification of such a determination. (13) If— (a) a period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of immediate licence disqualification or suspension under this section; and (b) a court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and (c) a mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence, then— (d) the court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and (e) despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose order that the period imposed be taken to have commenced on the day on which the licence disqualification or suspension commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification), and if the person is the holder of a driver's licence, the licence will be taken to have been cancelled from the day on which the order of the court is made. (13a) If the Commissioner of Police is satisfied that a notice of licence disqualification or suspension under this section should not have been given because— (a) the notice has been given to a particular person in error; or (b) the notice is defective; or (c) there is other proper cause for which the notice should not have been given, the Commissioner may authorise the withdrawal of the notice. (13b) A withdrawal referred to in subsection (13a) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner of Police, to the person to whom the notice of licence disqualification or suspension was given. (13c) The notice of withdrawal must specify the reason for withdrawal. (13d) If a notice of licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of licence disqualification or suspension to any person, authorise the giving of such a notice (provided that in the case of a notice relating to an offence against section 19ADA(1), the relevant period for the fresh notice must, if it is given to the same person as was given the withdrawn notice, be reduced by the period for which the withdrawn notice was (or purported to be) in operation). (14) No compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section (however, nothing in this subsection protects a police officer from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith). (15) This section is in addition to, and does not derogate from, the Road Traffic Act 1961 or any other Act or law. (16) For the purposes of this section, a reference to the charging of a person with an offence will be taken to include a reference to the laying of an information charging a person with such an offence (and the person will be taken to have been charged at the time the information is laid in court in accordance with the Criminal Procedure Act 1921). (17) For the purposes of this section, the prescribed period is a period that— (a) commences at the time the person is given a notice of immediate licence disqualification or suspension under this section; and (b) ends— (i) if the notice of immediate licence disqualification or suspension relates to an offence against section 19A, section 19AB or section 19ABA (in any case being an offence where a motor vehicle was used in the commission of the offence and where the offence caused the death of, or serious harm to, a person)— (A) if a court makes an order under subsection (6)—on the date specified in that order; or (B) if the person is charged with such an offence—at the time the person is issued a notice of immediate licence disqualification or suspension under section 19AE in relation to the charge; or (C) if a determination is made that the person should not be charged with such an offence—at the time the determination is made; or (ii) if the notice of immediate licence disqualification or suspension relates to any other offence against section 19A or section 19AB or an offence against section 19ADA(1)— (A) if a court makes an order under subsection (6)—on the date specified in that order; or (B) if a determination is made that the person should not be charged with an offence against section 19A, section 19AB or section 19ADA(1)—at the time the determination is made; or (C) if proceedings for the offence to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or (D) in any event—at the end of 12 months from the commencement of the prescribed period. 19B—Alternative verdicts (1) If at the trial of a person for murder or manslaughter the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of the offence constituted by section 19A(1) or (3) or section 19ABA(1) or (2), the jury may bring in a verdict that the accused is guilty of that offence. (2) The following offences (which are listed in order of seriousness) are offences to which subsection (3) applies: (a) the offence constituted by section 19A(1); (b) the offence constituted by section 19A(3); (baa) the offence constituted by section 19ABA(1); (bab) the offence constituted by section 19ABA(2); (ba) the offence constituted by section 19ADA(1); (c) the offence constituted by section 46 of the Road Traffic Act 1961 or section 69A of the Harbors and Navigation Act 1993; (d) the offence constituted by section 45 of the Road Traffic Act 1961 or section 69 of the Harbors and Navigation Act 1993. (3) If at the trial of a person for an offence to which this subsection applies (being an offence mentioned in subsection (2)(a), (b), (baa), (bab) or (ba)) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of a less serious offence to which this subsection applies, the jury may bring in a verdict that the accused is guilty of that less serious offence. (4) If at the trial of a person for an offence against section 19A(1) or (3) that is alleged to be an aggravated offence committed in the course of attempting to escape pursuit by a police officer, the jury is not satisfied that the accused is guilty of the aggravated offence charged but is satisfied that the accused is guilty of an offence against section 19AC(1), the jury may bring in a verdict that the accused is guilty of an offence against section 19AC(1). (4a) If at the trial of a person for an offence against section 19A(1) or (3) that is alleged to be an aggravated offence committed whilst the person was driving a motor vehicle in a street race, the jury is not satisfied that the accused is guilty of the aggravated offence charged but is satisfied that the accused is guilty of an offence against section 19AD, the jury may bring in a verdict that the accused is guilty of an offence against section 19AD. (5) If at the trial of a person for an offence against section 19AC(1), the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of— (a) an offence against section 46 of the Road Traffic Act 1961; or (b) an offence against section 45 of the Road Traffic Act 1961, the jury may bring in a verdict that the accused is guilty of the relevant offence against the Road Traffic Act 1961.

Division 7—Assault 20—Assault (1) A person commits an assault if the person, without the consent of another person (the victim)— (a) intentionally applies force (directly or indirectly) to the victim; or (b) intentionally makes physical contact (directly or indirectly) with the victim, knowing that the victim might reasonably object to the contact in the circumstances (whether or not the victim was at the time aware of the contact); or (c) threatens (by words or conduct) to apply force (directly or indirectly) to the victim and there are reasonable grounds for the victim to believe that— (i) the person who makes the threat is in a position to carry out the threat and intends to do so; or (ii) there is a real possibility that the person will carry out the threat; or (d) does an act of which the intended purpose is to apply force (directly or indirectly) to the victim; or (e) accosts or impedes another in a threatening manner. (2) However— (a) conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life cannot amount to an assault; and (b) conduct that is justified or excused by law cannot amount to an assault. (3) A person who commits an assault is guilty of an offence. (a) for a basic offence—imprisonment for 2 years; (b) for an aggravated offence (except one to which paragraph (c) or (d) applies)—imprisonment for 3 years; (c) for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 4 years; (d) for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 5 years. (4) A person who commits an assault that causes harm to another is guilty of an offence. (b) for an aggravated offence (except one to which paragraph (c) or (d) applies)—imprisonment for 4 years; (c) for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 5 years; (d) for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 7 years. This offence replaces section 40 (assault occasioning actual bodily harm) as in force prior to the commencement of this subsection and, consequently, see Coulter v The Queen (1988) 164 CLR 350. 20AA—Causing harm to, or assaulting, certain emergency workers etc (1) A person who causes harm to a prescribed emergency worker acting in the course of official duties, intending to cause harm, is guilty of an offence. (2) A person who causes harm to a prescribed emergency worker acting in the course of official duties, and is reckless in doing so, is guilty of an offence. (3) A person who assaults a prescribed emergency worker acting in the course of official duties is guilty of an offence. (4) A person who hinders or resists a police officer acting in the course of official duties, and, in so doing, causes harm to the officer, is guilty of an offence. (5) In proceedings for an offence against this section, it is a defence for the defendant to prove that the defendant did not know, and could not reasonably have been expected to know, that the victim was a prescribed emergency worker, or police officer, (as the case requires) acting in the course of official duties. (6) Without limiting the ways in which a person can cause harm to a prescribed emergency worker, harm can be caused (but will not be taken to be caused) by causing human biological material to come into contact with a prescribed emergency worker. (7) For the purposes of this section, a person causes human biological material to come into contact with a victim if the person performs any act (including, without limiting the generality of this subsection, by spitting or throwing human biological material at the victim, or deliberately applying human biological material to their person knowing that the victim is likely to come into physical contact with the person in the course of their duties) intended or likely to cause human biological material to come into contact with the victim. (8) This section does not apply to conduct occurring before the commencement of this section. (9) In this section— assault means an assault within the meaning of section 20(1) and includes, to avoid doubt, an act consisting of intentionally causing human biological material to come into contact with a victim, or threatening to do so; harm has the same meaning as in Division 7A; human biological material means— (a) blood, saliva, semen, faeces, urine or vomit; or (b) any other material prescribed by the regulations; pharmacy has the same meaning as in Part 4 of the Health Practitioner Regulation National Law (South Australia) Act 2010; pharmacy services has the same meaning as in Part 4 of the Health Practitioner Regulation National Law (South Australia) Act 2010; prescribed emergency worker means— (a) a police officer; or (b) a prison officer; or (c) a community corrections officer or community youth justice officer; or (d) an employee in a training centre (within the meaning of the Youth Justice Administration Act 2016); or (e) a person (whether a health practitioner, nurse, nurse practitioner, midwife, security officer or otherwise) performing duties in a hospital, or at any other place where medical treatment is provided or medical testing undertaken (however described, but including, without limiting this paragraph, a general practice, medical centre or other place at which people are vaccinated or screened for diseases); or (f) a person (whether a medical practitioner, nurse, pilot or otherwise) performing duties in the course of retrieval medicine; or (g) a medical practitioner or other health practitioner (both within the meaning of the Health Practitioner Regulation National Law (South Australia)) attending an out of hours or unscheduled callout, or assessing, stabilising or treating a person at the scene of an accident or other emergency, in a rural area; or (ga) a person (whether a pharmacist, pharmacy assistant or otherwise) performing duties in a pharmacy; or (gb) a person providing pharmacy services at a place other than a pharmacy, or a person assisting in the provision of such services; or (h) a member of the SA Ambulance Service Inc; or (i) a member of SAMFS, SACFS or SASES; or (j) a law enforcement officer; or (k) an inspector within the meaning of the Animal Welfare Act 1985; or (ka) an authorised person within the meaning of the Dog and Cat Management Act 1995, or a person assisting an authorised person in the exercise of powers under that Act; or (l) any other person engaged in an occupation or employment prescribed by the regulations for the purposes of section 5AA(1)(ka); or (m) any other person prescribed by the regulations for the purposes of this paragraph, whether acting in a paid or voluntary capacity, but does not include a person, or person of a class, declared by the regulations to be excluded from the ambit of this definition; recklessly—a person is reckless in causing harm to another if the person— (a) is aware of a substantial risk that his or her conduct could result in harm or serious harm (as the case requires); and (b) engages in the conduct despite the risk and without adequate justification; retrieval medicine means the assessment, stabilisation and transportation to hospital of patients with severe injury or critical illness (other than by a member of SA Ambulance Service Inc); rural area means an area outside of Metropolitan Adelaide as defined by GRO Plan 639/93. 20AB—Further offence involving use of human biological material (1) A person who commits a prohibited act involving human biological material against another person is guilty of an offence. (a) if harm is caused to the victim—imprisonment for 3 years; (b) in any other case—imprisonment for 2 years. (2) For the purposes of subsection (1), a person commits a prohibited act involving human biological material against another person (the victim) if— (a) the person intentionally causes human biological material to come into contact with the victim; or (b) the person threatens (by words or conduct) to cause human biological material to come into contact with the victim. (3) For the purposes of this section, a person causes human biological material to come into contact with a victim if the person performs any act (including, without limiting the generality of this subsection, by spitting or throwing human biological material at the victim) intended or likely to cause human biological material to come into contact with the victim. harm has the same meaning as in Division 7A; human biological material means— (a) blood, saliva, semen, faeces, urine or vomit; or (b) any other material prescribed by the regulations. 20AC—Alternative verdicts If— (a) a jury is not satisfied beyond reasonable doubt that a charge of an offence against section 20AA or 20AB has been established; but (b) the Judge has instructed the jury that it is open to the jury on the evidence to find the defendant guilty of a specified offence against this Act; and (c) the jury is satisfied beyond reasonable doubt that the specified offence against this Act has been established, the jury may return a verdict that the defendant is not guilty of the offence charged but is guilty of the specified offence against this Act. Division 7AA—Choking etc in a domestic setting 20A—Choking, suffocation or strangulation in a domestic setting (a1) A person who— (a) is, or has been, in a relationship with another person; and (b) chokes, suffocates or strangles that other person, without that other person's consent; and (c) causes harm to that other person such that the other person is rendered unconscious, (a) is, or has been, in a relationship with another person; and (b) chokes, suffocates or strangles that other person, without that other person's consent, Maximum penalty: Imprisonment for 7 years. (2) However, conduct that is justified or excused by law cannot amount to an offence against this section. (3) Two people will be taken to be in a relationship for the purposes of this section if— (a) they are married to each other; or (b) they are domestic partners; or (c) they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or (d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or (e) 1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or (f) 1 is a child and the other is a person who acts in loco parentis in relation to the child; or (g) 1 is a child who normally or regularly resides or stays with the other; or (h) they are brothers or sisters or brother and sister; or (i) they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or (j) they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or (k) 1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other. (4) A reference in this section to— (a) choking or strangling a person means the applying of pressure to the person's neck to an extent that is capable of affecting the breath or the flow of blood to the head of the person; and (b) suffocating a person includes a reference to— (i) obstructing, to any extent, any part of the person's respiratory system; or (ii) interfering, to any extent, with the operation of the person's respiratory system; or (iii) impeding, to any extent, the person's respiration. (a) a jury is not satisfied beyond reasonable doubt that a charge of an offence against subsection (a1) has been established; but (b) the court in which the defendant is being tried for an offence against subsection (a1) has instructed the jury that it is open to the jury on the evidence to find the defendant guilty of an offence against subsection (1); and (c) the jury is satisfied beyond reasonable doubt that an offence against subsection (1) has been established, the jury may return a verdict that the defendant is not guilty of the offence charged but is guilty of an offence against subsection (1). (6) If— (a) a jury is not satisfied beyond reasonable doubt that a charge of an offence against subsection (a1) or (1) has been established; but (b) the court in which the defendant is being tried for an offence against subsection (a1) or (1) has instructed the jury that it is open to the jury on the evidence to find the defendant guilty of an offence of assault; and (c) the jury is satisfied beyond reasonable doubt that the offence of assault has been established, the jury may return a verdict that the defendant is not guilty of the offence charged but is guilty of assault.

Division 7A—Causing physical or mental harm 21—Interpretation cause—a person causes harm if the person's conduct is the sole cause of the harm or substantially contributes to the harm; If a victim suffers serious harm as a result of multiple acts of harm and those acts occur in the course of the same incident, or together constitute a single course of conduct, a person who commits any of the acts causing harm is taken to cause serious harm even though the harm caused by the act might not, if considered in isolation, amount to serious harm. harm means physical or mental harm (whether temporary or permanent); lesser offence, in relation to an offence against this Division, means— (a) in relation to an aggravated offence—the basic offence or another offence against this Division, Division 7AB or section 32A, for which a lesser maximum penalty is prescribed; (b) in any other case—another offence against this Division, Division 7AB or section 32A for which a lesser maximum penalty is prescribed; mental harm means psychological harm and does not include emotional reactions such as distress, grief, fear or anger unless they result in psychological harm; physical harm includes— (a) unconsciousness; (b) pain; (c) disfigurement; (d) infection with a disease; recklessly—a person is reckless in causing harm or serious harm to another if the person— (a) is aware of a substantial risk that his or her conduct could result in harm or serious harm (as the case requires); and (b) engages in the conduct despite the risk and without adequate justification; serious harm means— (a) harm that endangers a person's life; or (b) harm that consists of, or results in, serious and protracted impairment of a physical or mental function; or (c) harm that consists of, or results in, serious disfigurement. 22—Conduct falling outside the ambit of this Division (1) This Division does not apply to the conduct of a person who causes harm to another if the victim lawfully consented to the act causing the harm. (2) A lawful consent given on behalf of a person who is not of full age and capacity by a parent or guardian will be taken to be the consent of the person for whom the consent was given. (3) A person may consent to harm (including serious harm) if the nature of the harm and the purpose for which it is inflicted fall within limits that are generally accepted in the community. 1 A person may (within the limits referred to above) consent to harm that has a religious purpose (eg male circumcision but not female genital mutilation). 2 A person may (within the limits referred to above) consent to harm that has a genuine therapeutic purpose (eg a person with 2 healthy kidneys may consent to donate 1 for the purpose of transplantation to someone with kidney disease). 3 A person may (within the limits referred to above) consent to harm for the purpose of controlling fertility (eg a vasectomy or tubal ligation). 4 A participant in a sporting or recreational activity may (within the limits referred to above) consent to harm arising from a risk inherent in the nature of the activity (eg a boxer may accept the risk of being knocked unconscious in the course of a boxing match and, hence, consent to that harm if it in fact ensues). (4) If a defendant's conduct lies within the limits of what would be generally accepted in the community as normal incidents of social interaction or community life, this Division does not apply to the conduct unless it is established that the defendant intended to cause harm. (5) If the defendant's conduct caused only mental harm, this Division does not apply to the defendant's conduct unless— (a) the defendant's conduct gave rise to a situation in which the victim's life or physical safety was endangered and the mental harm arose out of that situation; or (b) the defendant's primary purpose was to cause such harm. 1 An examiner fails a student in an examination knowing that the student has been diagnosed with schizophrenia and that failure to pass is likely to precipitate a schizophrenic episode. The student in fact suffers such an episode. 2 An employer legally terminates an employee's employment knowing that the employee suffers from a mental illness and that the termination is likely to exacerbate the mental illness. The employee in fact suffers an exacerbation of the mental illness. In both the above examples, it is not sufficient for the prosecution to prove that the defendant acted intentionally knowing that harm would inevitably, probably or possibly result from his or her act. It would be necessary for the prosecution to establish that the defendant wanted to cause harm and that desire was the sole or a significant motivation for the defendant's conduct. 23—Causing serious harm (1) A person who causes serious harm to another, intending to cause serious harm, is guilty of an offence. (a) for a basic offence—imprisonment for 20 years; (b) for an aggravated offence—imprisonment for 25 years. (2) If, however, the victim in a particular case suffers such serious harm that a penalty exceeding the maximum prescribed in subsection (1) is warranted, the court may, on application by the Director of Public Prosecutions, impose a penalty exceeding the prescribed maximum. (3) A person who causes serious harm to another, and is reckless in doing so, is guilty of an offence. 24—Causing harm (1) A person who causes harm to another, intending to cause harm, is guilty of an offence. (b) for an aggravated offence—imprisonment for 13 years. (2) A person who causes harm to another, and is reckless in doing so, is guilty of an offence. (c) for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 8 years. 25—Alternative verdicts If — (a) a jury is not satisfied beyond reasonable doubt that a charge of an offence against this Division has been established; but (b) the Judge has instructed the jury that it is open to the jury on the evidence to find the defendant guilty of a specified lesser offence or any 1 of a number of specified lesser offences; and (c) the jury is satisfied beyond reasonable doubt that the specified lesser offence, or a particular 1 of the specified lesser offences, has been established, the jury may return a verdict that the defendant is not guilty of the offence charged but is guilty of the lesser offence. 29—Acts endangering life or creating risk of serious harm (1) Where a person, without lawful excuse, does an act or makes an omission— (a) knowing that the act or omission is likely to endanger the life of another; and (b) intending to endanger the life of another or being recklessly indifferent as to whether the life of another is endangered, (b) for an aggravated offence—imprisonment for 18 years. (2) Where a person, without lawful excuse, does an act or makes an omission— (a) knowing that the act or omission is likely to cause serious harm to another; and (b) intending to cause such harm or being recklessly indifferent as to whether such harm is caused, (b) for an aggravated offence—imprisonment for 12 years. (3) Where a person, without lawful excuse, does an act or makes an omission— (a) knowing that the act or omission is likely to cause harm to another; and (b) intending to cause such harm or being recklessly indifferent as to whether such harm is caused, (c) for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 8 years. (4) If a court convicting a person of an offence against this section is satisfied that the act or omission constituting the offence was done or made by the convicted person in the course of the convicted person's use of a motor vehicle, the court must order that the person be disqualified from holding or obtaining a driver's licence for 5 years or such longer period as the court orders. (5) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and 29A—Shooting at police officers (a) discharges a firearm— (i) intending to hit a police officer with shot, or a bullet or other projectile, fired from the firearm; or (ii) being reckless as to whether a police officer is hit with shot, or a bullet or other projectile, fired from the firearm; and (b) by that conduct, causes serious harm to the police officer, Maximum penalty: Imprisonment for 25 years. (2) If, however, the victim in a particular case suffers such serious harm that a penalty exceeding the maximum prescribed in subsection (1) is warranted, the court may, on application by the Director of Public Prosecutions, impose a penalty exceeding the prescribed maximum. (3) In proceedings for an offence against subsection (1), it is not necessary for the prosecution to establish that the defendant intended to cause serious harm to a police officer. (4) A person who discharges a firearm— (a) intending to hit a police officer with shot, or a bullet or other projectile, fired from the firearm; or (b) being reckless as to whether a police officer is hit with shot, or a bullet or other projectile, fired from the firearm, (a) a jury is not satisfied beyond reasonable doubt that a charge of an offence against this section has been established; but (b) the Judge has instructed the jury that it is open to the jury on the evidence to find the defendant guilty of a specified lesser offence or any 1 of a number of specified lesser offences; and (c) the jury is satisfied beyond reasonable doubt that the specified lesser offence, or a particular 1 of the specified lesser offences, has been established, the jury may return a verdict that the defendant is not guilty of the offence charged but is guilty of the lesser offence. reckless—a person is reckless as to whether a police officer is hit with shot, or a bullet or other projectile, fired from a firearm discharged by the person if the person— (a) is aware of a substantial risk that a police officer could be hit with shot, or a bullet or other projectile, fired from the firearm; and (b) discharges the firearm despite the risk and without adequate justification. 31—Possession of object with intent to kill or cause harm (1) A person who, without lawful excuse, has the custody or control of an object that the person intends to use, or to cause or permit another to use— (a) to kill, or to endanger the life of, another; or (b) to cause serious harm to another, shall be guilty of an indictable offence and liable to be imprisoned for a term not exceeding 20 years. (2) A person who, without lawful excuse, has the custody or control of an object that the person intends to use, or to cause or permit another to use, to cause harm to another, shall be guilty of an indictable offence and liable to be imprisoned for a term not exceeding 10 years. Division 7AB—Special firearm offences 32—Possession of a firearm with intent to commit an offence A person who has the custody or control of a firearm or imitation firearm for the purpose of— (a) using, or causing or permitting another person to use, the firearm in the course of committing an offence punishable by a term of imprisonment of 2 years or more; or (b) carrying, or causing or permitting another person to carry, the firearm when committing an offence punishable by a term of imprisonment of 2 years or more, 32AA—Discharge of firearms to injure etc (1) A person who, without lawful excuse, discharges a firearm intending to injure, annoy or frighten any person is guilty of an offence. Maximum penalty: Imprisonment for 8 years. (2) A person who, without lawful excuse, discharges a firearm intending to damage any property is guilty of an offence. (3) A person who, without lawful excuse, discharges a firearm and who is reckless as to whether that act injures, annoys or frightens, or may injure, annoy or frighten, any person is guilty of an offence. (4) A person who, without lawful excuse, discharges a firearm and who is reckless as to whether that act damages, or may damage, any property is guilty of an offence. (5) In proceedings for an offence against this section, it is not necessary for the prosecution to establish that a person was, in fact, injured, annoyed or frightened or that property was, in fact, damaged (as the case requires) by the defendant's act. reckless—a person is reckless as to whether an act injures, annoys or frightens, or may injure, annoy or frighten any person, or damages, or may damage, any property, if the person— (a) is aware of a substantial risk that the act could injure, annoy or frighten any person or damage any property; and (b) does the act despite the risk and without adequate justification.

Division 7B—Throwing objects at vehicles 32A—Throwing objects at vehicles (1) A person must not throw a prescribed object at, or drop a prescribed object on, a vehicle that is being driven on a road or road-related area or being run on a busway, railway or tramway (whether, at the time the object is thrown or dropped, the vehicle is moving or stationary). prescribed object means an object of a class prescribed by the regulations for the purposes of this section; road and road-related area have the same meanings as in the Road Traffic Act 1961; vehicle means— (a) a vehicle that is propelled by a motor; or (b) a vehicle that is run on a busway, railway or tramway; or (c) a bicycle, tricycle or other similar vehicle for which the rider provides the motive force; or (d) a vehicle that is drawn by an animal; or (e) an animal that is being ridden by a person. 32B—Alternative verdicts If at the trial of a person for murder or manslaughter the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of the offence constituted by section 32A, the jury may bring in a verdict that the accused is guilty of that offence.

Division 7C—Food and beverage spiking 32C—Spiking of food or beverages (1) A person is guilty of an offence if the person adds a substance, or causes a substance to be added, to any food or beverage intending to cause, or being recklessly indifferent as to causing, impairment of the consciousness or bodily function of another who will or might consume the food or beverage without knowledge of the presence of the substance (whether at all or in the quantity added). (2) A person is guilty of an offence if, between the hours of 9 pm on any day and 5 am on the following day, the person enters or remains in licensed premises while in possession of a prescription drug or controlled drug that— (a) is such as to be capable of producing a state of intoxication in a person who consumes the drug; and (b) is not contained in packaging on which is affixed a prescribed label indicating that the drug was lawfully prescribed for or supplied to the person. Maximum penalty: Imprisonment for 30 months. (3) It is a defence to a charge of an offence against subsection (2) to prove that the prescription drug or controlled drug was lawfully prescribed for or supplied to the person or that the person had some other lawful reason for being in possession of the prescription drug or controlled drug. controlled drug has the same meaning as in the Controlled Substances Act 1984; food or beverage includes any solid or liquid substance prepared or intended for human consumption; licensed premises means— (a) licensed premises within the meaning of the Liquor Licensing Act 1997, other than premises in respect of which only a restaurant and catering licence or residential licence is in force; and (b) the premises defined in the casino licence, within the meaning of the Casino Act 1997, as the premises to which the licence relates; prescribed label means a label required by law to be affixed to a prescription drug or controlled drug and specifying— (a) the name (or business name) of the person by whom the drug is sold or supplied; and (b) the name of the person for whose use the drug is sold or supplied; and (c) the trade name or the approved name of the drug or, if it does not have either a trade or approved name, its ingredients; prescription drug has the same meaning as in the Controlled Substances Act 1984.

Division 8—Female genital mutilation 33—Definitions child means a person under 18; female genital mutilation means— (a) clitoridectomy; or (b) excision of any other part of the female genital organs; or (c) a procedure to narrow or close the vaginal opening; or (d) any other mutilation of the female genital organs, but does not include a sexual reassignment procedure or a medical procedure that has a genuine therapeutic purpose; sexual reassignment procedure means a surgical procedure to give a female, or a person whose sex is ambivalent, genital characteristics, or ostensible genital characteristics, of a male. (2) A medical procedure has a genuine therapeutic purpose only if directed at curing or alleviating a physiological disability or physical abnormality. 33A—Prohibition of female genital mutilation (1) A person who performs female genital mutilation is guilty of an offence. (2) This section applies irrespective of whether the victim, or a parent or guardian of the victim, consents to the mutilation. 33B—Removal of child from State for genital mutilation (1) A person must not take a child from the State, or arrange for a child to be taken from the State, with the intention of having the child subjected to female genital mutilation. (a) the defendant took a child, or arranged for a child to be taken from the State; and (b) the child was subjected, while outside the State, to female genital mutilation, it will be presumed, in the absence of proof to the contrary, that the defendant took the child, or arranged for the child to be taken, from the State (as the case may be) with the intention of having the child subjected to female genital mutilation.