Div 5Miscellaneous

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