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Part 7 Amendment of Coroners Act 2003
31 Replacement of s 86 (Delegation of duties or powers to
registrar or deputy registrars)
Section 86—
omit, insert—
86 Delegation of functions of coroners to
registrars or deputy registrars
(1) The State Coroner may delegate the functions of a
coroner, under this Act or another Act, to the
following persons (each a delegate)—
(a) a registrar;
(b) an appropriately qualified deputy registrar.
(2) However, subsection (1) does not apply in
relation to the following functions of a coroner—
(a) a function under section 11(7) or
11AAA(1);
(b) a function, under part 3, division 3, that is
related to an inquest;
(c) a function related to the issue or execution
of a search warrant under the Police Powers
and Responsibilities Act 2000;
Note—
See section 13(4) and (5) and the Police Powers
and Responsibilities Act 2000, section 599(1).
(d) a function under section 54AA, 54A, 54B or
91Z;
(e) another function prescribed by regulation.
(3) Before delegating a function of a coroner to a
deputy registrar, the State Coroner must consult
with the chief executive about the amount of work
to be done by the deputy registrar under the
delegation.
(4) If the State Coroner delegates a function of a
particular coroner to a delegate, the Acts
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Part 7 Amendment of Coroners Act 2003
Interpretation Act 1954, section 27A(3C), (3D),
(7), (8), (10) and (10A) applies as if the delegator
mentioned in those subsections were the coroner.
(5) If the State Coroner delegates a function relating
to the investigation of a death or suspected death
to a delegate, and the delegate believes for any
reason that it is inappropriate for the delegate to
perform the function, the delegate must, as soon
as practicable—
(a) stop performing the function; and
(b) give a coroner a written notice stating the
reasons for the delegate’s belief.
(6) In this section—
functions includes powers.
32 Amendment of s 91B (Definitions for pt 4A)
(1) Section 91B, definitions chairperson and deputy
chairperson—
omit.
(2) Section 91B—
insert—
chairperson means the chairperson of the board
holding office under section 91K.
deputy chairperson means the deputy
chairperson of the board holding office under
section 91M.
33 Amendment of s 91K (Chairperson)
Section 91K(1)—
omit, insert—
(1) The Minister must appoint 1 of the following
persons to be the chairperson of the board—
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Part 7 Amendment of Coroners Act 2003
(a) the State Coroner;
(b) a Deputy State Coroner;
(c) another appropriately qualified coroner.
34 Insertion of new pt 6, div 8
Part 6—
insert—
Division 8 Transitional provisions for
Justice and Other
Legislation Amendment
Act 2026
120 Definition for division
In this division—
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
121 Application of new s 11 to deaths reported
before the commencement
New section 11 applies in relation to a death,
whether the death was or is reported under section
7 before or after the commencement.
122 Existing delegations of duties or powers
(1) This section applies if—
(a) before the commencement, the State
Coroner or another coroner delegated a duty
or power to a registrar or deputy registrar
under former section 86; and
(b) immediately before the commencement, the
delegation was in effect; and
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Part 8 Amendment of Criminal Code
(c) under new section 86, the State Coroner
may delegate the duty or power to the
registrar or deputy registrar.
(2) From the commencement, the delegation
continues to have effect as if it had been made by
the State Coroner under new section 86.
(3) In this section—
former section 86 means section 86 as in force
from time to time before the commencement.
35 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—
NDIS Act means the National Disability
Insurance Scheme Act 2013 (Cwlth).
unnatural death see section 8A.
Part 8 Amendment of Criminal Code
36 Code amended
This part amends the Criminal Code.
37 Amendment of s 1 (Definitions)
Section 1—
insert—
disaster operations see the Disaster Management
Act 2003, section 15.
public facility or infrastructure means any of the
following, whether publicly or privately owned—
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Part 8 Amendment of Criminal Code
(a) a facility or infrastructure for a water or
sewerage service;
(b) a facility or infrastructure for supplying
energy or fuel to the public;
(c) a facility or infrastructure for a
telecommunication system;
(d) roads, railways, equipment, vehicles or
other infrastructure for public transport;
(e) another facility or infrastructure for a
community service.
valuable metal component means a component,
containing metal, of a valuable metal item.
valuable metal item see section 6B.
38 Insertion of new s 6B
After section 6A—
insert—
6B Meaning of valuable metal item
(1) In this Code—
valuable metal item means—
(a) a catalytic converter or diesel particulate
filter; or
(b) an item containing metal used for the
operation of a facility or infrastructure
relating to—
(i) water or sewerage services; or
(ii) supply of energy or fuel; or
(iii) telecommunication services; or
(iv) transportation on a railway or road, on
the water, or in the air; or
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Part 8 Amendment of Criminal Code
(c) an item containing metal that is part of, or is
intended to be part of, a facility or
infrastructure mentioned in paragraph (b);
or
(d) an item containing metal used to manage
traffic or safety—
(i) on a bikeway, footpath, railway or
road; or
(ii) on the water; or
(iii) in the air; or
(e) any of the following items containing metal
used for a relevant purpose—
(i) cladding, flashing, guttering or roofing;
(ii) electrical equipment;
(iii) a pipe, pole or tube;
(iv) another item prescribed by regulation.
(2) For subsection (1), definition valuable metal item,
paragraph (e), an item is used for a relevant
purpose if—
(a) the item is used for the operation of a
facility or infrastructure relating to any of
the following—
(i) exploration of natural resources;
(ii) management of public safety;
(iii) production of goods from agriculture,
aquaculture, fishery, forestry,
manufacturing or mining;
(iv) provision of community, education or
medical services;
(v) provision of arts, recreation or sports;
(vi) provision of retail services;
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Part 8 Amendment of Criminal Code
(vii) storage of greenhouse gas; or
(b) the item is part of, or is intended to be part
of, a facility or infrastructure mentioned in
paragraph (a); or
(c) the item is used for construction and is at a
construction site; or
(d) the item forms part of any premises that
have never been occupied and are not
abandoned.
(3) In this section—
electrical equipment means any apparatus,
cabling or wiring—
(a) used for controlling, generating, supplying,
transforming or transmitting electricity; or
(b) operated by electricity.
used includes intended to be used.
39 Amendment of s 398 (Punishment of stealing)
(1) Section 398, punishment in special cases, clause 2(1)(a) and
(b), ‘10 penalty units’—
omit, insert—
20 penalty units
(2) Section 398, punishment in special cases—
insert—
17 Stealing valuable metal item or component
If the thing stolen was a valuable metal item or a
valuable metal component at the time the thing
was taken or converted, the offender is liable to
imprisonment for 10 years.
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Part 8 Amendment of Criminal Code
18 Stealing valuable metal item or component
and disruption to public facility or
infrastructure
If—
(a) the thing stolen was a valuable metal item or
a valuable metal component at the time the
thing was taken or converted; and
(b) the operation or use of a public facility or
infrastructure is disrupted because the thing
is stolen;
the offender is liable to imprisonment for 14
years.
19 Stealing valuable metal item or component
and endangering persons
If—
(a) the thing stolen was a valuable metal item or
a valuable metal component at the time the
thing was taken or converted; and
(b) the life or health of a person is endangered,
or is likely to be endangered, because the
thing is stolen;
the offender is liable to imprisonment for 25
years.
20 Stealing valuable metal item or
component—disasters
If the thing stolen was a valuable metal item or a
valuable metal component at the time the thing
was taken or converted and any of the following
apply—
(a) the offence is committed in an area in which
disaster operations are being undertaken
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under the Disaster Management Act 2003 to
the extent—
(i) the operations are being undertaken
during the phase mentioned in the
Disaster Management Act 2003,
section 4A(a)(iii); and
(ii) the operations are being undertaken in
anticipation of a natural disaster;
(b) the offence is committed during a natural
disaster;
(c) the offence is committed in an area that—
(i) is a declared area for a disaster
situation under the Disaster
Management Act 2003; or
(ii) was, immediately before the offence
was committed, a declared area for a
disaster situation under the Disaster
Management Act 2003;
the offender is liable to imprisonment for 25
years.
21 Stealing telecommunication cable and
disruption to public facility or infrastructure
If—
(a) the thing stolen was a cable used for
telecommunication at the time the thing was
taken or converted; and
(b) the operation or use of a public facility or
infrastructure is disrupted because the thing
is stolen;
the offender is liable to imprisonment for 14
years.
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Part 8 Amendment of Criminal Code
22 Stealing telecommunication cable and
endangering persons
If—
(a) the thing stolen was a cable used for
telecommunication at the time the thing was
taken or converted; and
(b) the operation or use of a public facility or
infrastructure is disrupted because the thing
is stolen; and
(c) the life or health of a person is endangered,
or is likely to be endangered, because of the
disruption;
the offender is liable to imprisonment for 25
years.
23 Stealing telecommunication cable—disasters
If the thing stolen was a cable used for
telecommunication at the time the thing was taken
or converted and any of the following apply—
(a) the offence is committed in an area in which
disaster operations are being undertaken
under the Disaster Management Act 2003 to
the extent—
(i) the operations are being undertaken
during the phase mentioned in the
Disaster Management Act 2003,
section 4A(a)(iii); and
(ii) the operations are being undertaken in
anticipation of a natural disaster;
(b) the offence is committed during a natural
disaster;
(c) the offence is committed in an area that—
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Part 8 Amendment of Criminal Code
(i) is a declared area for a disaster
situation under the Disaster
Management Act 2003; or
(ii) was, immediately before the offence
was committed, a declared area for a
disaster situation under the Disaster
Management Act 2003;
the offender is liable to imprisonment for 25
years.
40 Insertion of new ss 400 and 401
After section 399—
insert—
400 Attempted stealing of valuable metal item or
component
(1) Any person who attempts to steal a valuable metal
item or a valuable metal component commits a
crime and is liable to imprisonment for 7 years.
(2) The Penalties and Sentences Act 1992, section
161Q states a circumstance of aggravation for an
offence against this section.
(3) An indictment charging an offence against this
section with the circumstance of aggravation
stated in the Penalties and Sentences Act 1992,
section 161Q may not be presented without the
consent of a Crown Law Officer.
401 Unlawful possession of prescribed metal item
(1) A person must not unlawfully possess a
prescribed metal item reasonably suspected of
being stolen.
Maximum penalty—3 years imprisonment.
(2) For subsection (1), possession of a prescribed
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Part 8 Amendment of Criminal Code
metal item is unlawful unless it is authorised or
justified or excused by law.
(3) It is a defence to a charge of an offence against
this section to prove the accused person had no
reasonable grounds for suspecting the prescribed
metal item was stolen.
(4) In this section—
prescribed metal item means—
(a) a catalytic converter or diesel particulate
filter; or
(b) cabling or wiring.
41 Amendment of s 433 (Receiving tainted property)
Section 433(1), penalty, before paragraph (a)—
insert—
(aa) if the property was stolen and, at the time it
was stolen, the property was a valuable
metal item or a valuable metal component
and the offender received the property while
acting as a pawnbroker or dealer in second
hand goods, under a licence or
otherwise—20 years imprisonment; or
(ab) if the property was stolen and, at the time it
was stolen, the property was a valuable
metal item or a valuable metal
component—16 years imprisonment; or
42 Amendment of s 444A (Killing animals with intent to
steal)
Section 444A(2), ‘10 penalty units’—
omit, insert—
20 penalty units
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Justice and Other Legislation Amendment Bill 2026
Part 8 Amendment of Criminal Code
43 Amendment of s 444B (Using registered brands with
criminal intention)
Section 444B(2), ‘4 penalty units’—
omit, insert—
10 penalty units
44 Amendment of s 445 (Unlawfully using stock)
Section 445(1), ‘4 penalty units’—
omit, insert—
10 penalty units
45 Amendment of s 446 (Suspicion of stealing stock)
Section 446(1), ‘4 penalty units’—
omit, insert—
10 penalty units
46 Amendment of s 447 (Illegal branding)
Section 447(1), ‘4 penalty units’—
omit, insert—
10 penalty units
47 Amendment of s 448 (Defacing brands)
Section 448(1), ‘4 penalty units’—
omit, insert—
10 penalty units
48 Amendment of s 448A (Having in possession stock with
defaced brand)
Section 448A(1), ‘4 penalty units’—
Clause 1
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Clause 6
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Part 8 Amendment of Criminal Code
omit, insert—
10 penalty units
49 Amendment of s 450EB (Application for stock disposal
order)
(1) Section 450EB—
insert—
(4A) The applicant must, at least 14 days before the
hearing of the application, file an affidavit stating
the following—
(a) each person to whom the applicant gave a
copy of the application under subsection (4);
(b) each person to whom the applicant could not
give a copy of the application under
subsection (4) because the person could not
reasonably be located.
(2) Section 450EB(4A) and (5)—
renumber as section 450EB(5) and (6).
50 Amendment of s 450EC (Affidavit to accompany
application)
Section 450EC(h) and (i)—
omit.
51 Amendment of s 450ED (When order may be made if
party disputes making of order)
Section 450ED(e), ‘his or her’—
omit, insert—
their
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