CRIMINAL CODE 1899

Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

- As at 19 September 2024
- Act 9 of 1899

TABLE OF PROVISIONS

The Criminal Code

PART 1 - INTRODUCTORY
Interpretation—application—general principles

CHAPTER 1 - INTERPRETATION

1. Definitions
2. offence
3. Division of offences
4. Attempts to commit offences
5. Arrest without warrant
6. engage
6A. emergency vehicle

CHAPTER 2 - PARTIES TO OFFENCES

7. Principal offenders
8. Offences committed in prosecution of common purpose
9. Mode of execution immaterial
10. Accessories after the fact
10A. Interpretation of ch 2

CHAPTER 3 - APPLICATION OF CRIMINAL LAW

11. Effect of changes in law
12. Application of Code as to offences wholly or partially committed in Queensland
13. Offences enabled, aided, procured or counselled by persons out of Queensland
14. Offences procured in Queensland to be committed out of Queensland
14A. (Repealed)
15. Defence Force
16. Person not to be twice punished for same offence
17. Former conviction or acquittal

CHAPTER 4 - ROYAL PREROGATIVE OF MERCY

18. Royal prerogative of mercy
19. (Repealed)
20. (Repealed)
21. (Repealed)

CHAPTER 5 - CRIMINAL RESPONSIBILITY

22. Ignorance of the law—bona fide claim of right
23. Intention—motive
24. Mistake of fact
25. Extraordinary emergencies
26. Presumption of sanity
27. Insanity
28. Intoxication
29. Immature age
30. Judicial officers
31. Justification and excuse—compulsion
32. (Repealed)
33. (Repealed)
34. Offences by partners and members of companies with respect to partnership or corporate property
35. (Repealed)
36. Application of rules

CHAPTER 6 - (Repealed)

PART 2 - OFFENCES AGAINST PUBLIC ORDER

CHAPTER 7 - SEDITION

44. seditious intention
45. Innocent intentions
46. seditious enterprises
47. (Repealed)
48. (Repealed)
49. (Repealed)
50. (Repealed)
51. Unlawful drilling
52. Sedition

CHAPTER 7A - SERIOUS VILIFICATION AND PROHIBITED SYMBOLS

52A. Offence of serious racial, religious, sexuality or gender identity vilification
52B. Circumstances of aggravation for particular offences
52C. Prohibited symbols
52D. Display, distribution or publication of prohibited symbols

CHAPTER 8 - OFFENCES AGAINST THE EXECUTIVE AND LEGISLATIVE POWER

53. Evidence of proceedings in the Assembly allowed for prosecution
54. Interference with Governor or Ministers
54A. Demands with menaces upon agencies of government
55. Interference with the Legislature
56. Disturbing the Legislature
56A. Disturbance in House when Parliament not sitting
56B. Going armed to Parliament House
57. False evidence before Parliament
58. Witness refusing to attend, answer question or produce a thing before Legislative Assembly or authorised committee
59. Member of Parliament receiving bribes
60. Bribery of member of Parliament

CHAPTER 9 - BREACHES OF THE PEACE

60A. (Repealed)
60B. (Repealed)
60C. (Repealed)
61. Riot
62. (Repealed)
63. (Repealed)
64. (Repealed)
65. (Repealed)
66. (Repealed)
67. (Repealed)
68. (Repealed)
69. Going armed so as to cause fear
70. Forcible entry
71. Forcible detainer
72. Affray
73. (Repealed)
74. Prize fight
75. Threatening violence
76. Recruiting person to become participant in criminal organisation

CHAPTER 9A - CONSORTING

77. Definitions for chapter
77A. consort
77B. Habitually consorting with recognised offenders
77C. Particular acts of consorting to be disregarded

CHAPTER 10 - OFFENCES AGAINST POLITICAL LIBERTY

78. Interfering with political liberty

CHAPTER 11 - PIRACY

79. act of piracy
80. Crime of piracy
81. (Repealed)
82. (Repealed)
83. (Repealed)

PART 3 - OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE, AGAINST OFFICE AND AGAINST PUBLIC AUTHORITY

CHAPTER 12 - UNLAWFULLY OBTAINING OR DISCLOSING INFORMATION

84. (Repealed)
85. Disclosure of official secrets
86. Obtaining of or disclosure of secret information about the identity of informant

CHAPTER 13 - CORRUPTION AND ABUSE OF OFFICE

87. Official corruption
88. Extortion by public officers
89. Public officers interested in contracts
90. Officers charged with administration of property of a special character or with special duties
91. False claims by officials
92. Abuse of office
92A. Misconduct in relation to public office
93. Corruption of surveyor and valuator
94. False certificates by public officers
95. Administering extrajudicial oaths
96. False assumption of authority
97. Personating public officers

CHAPTER 14 - CORRUPT AND IMPROPER PRACTICES AT ELECTIONS

CHAPTER DIVISION 1 - DEFINITIONS FOR CH 14

98. Definitions

CHAPTER DIVISION 2 - LEGISLATIVE ASSEMBLY ELECTIONS AND REFERENDUMS

98A. Reference to election or referendum
98B. False or misleading information
98C. Bribery
98D. Forging or uttering electoral or referendum paper
98E. Influencing voting
98F. Providing money for illegal payments
98G. Voting if not entitled

CHAPTER DIVISION 3 - OTHER ELECTIONS

98H. ch div 3
99. Voting if not entitled
100. Hindering or interfering with voting conduct
101. Bribery
102. Publishing false information about a candidate
103. Providing money for illegal payments
104. Election notices to contain particular matters
105. (Repealed)
106. (Repealed)
107. Corrupt and illegal practices—time
108. Interfering at elections
109. Electors attempting to violate secrecy of ballot
110. Stuffing ballot boxes
111. Presiding officer helping an elector with a disability
112. False or misleading information
113. Interfering with secrecy at elections
114. Breaking the seal of a parcel at elections
115. (Repealed)
116. (Repealed)
117. (Repealed)

CHAPTER 15 - SELLING AND TRAFFICKING IN OFFICES

118. Bargaining for offices in public service

CHAPTER 16 - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

119. Definitions for ch 16
119A. family
119B. Retaliation against or intimidation of judicial officer, juror, witness etc.
120. Judicial corruption
121. Official corruption not judicial but relating to offences
122. Corruption of jurors
123. Perjury
123A. Perjury—contradictory statements
124. Punishment of perjury
125. Evidence on charge of perjury
126. Fabricating evidence
127. Corruption of witnesses
128. Deceiving witnesses
129. Damaging evidence with intent
130. Preventing witnesses from attending
131. Conspiracy to bring false accusation
132. Conspiring to defeat justice
133. Compounding an indictable offence
134. (Repealed)
135. (Repealed)
136. Justices exercising jurisdiction in a matter of personal interest
137. Delay to take person arrested before magistrate
138. (Repealed)
139. Inserting advertisement without authority of court
140. Attempting to pervert justice

CHAPTER 17 - ESCAPES—OBSTRUCTING OFFICERS OF COURTS

141. Aiding persons to escape from lawful custody
142. Escape by persons in lawful custody
143. Permitting escape
144. Harbouring escaped prisoners etc.
145. (Repealed)
145A. Sections 141
145B. Evidence of lawful custody
145C. (Repealed)
146. (Repealed)
147. Removing etc. property under lawful seizure
148. Obstructing officers of courts of justice

CHAPTER 18 - (Repealed)

CHAPTER 19 - (Repealed)

CHAPTER 20 - MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY

192. (Repealed)
193. False verified statements
194. False declarations
195. Evidence
195A. Contradictory statements—false statements or declarations
196. (Repealed)
197. (Repealed)
198. (Repealed)
199. Resisting public officers
200. Refusal by public officer to perform duty
201. (Repealed)
202. (Repealed)
203. (Repealed)
204. Disobedience to statute law
205. Disobedience to lawful order issued by statutory authority
205A. Contravening order about device information from digital device

PART 4 - ACTS INJURIOUS TO THE PUBLIC IN GENERAL

CHAPTER 21 - OFFENCES RELATING TO RELIGIOUS WORSHIP

206. Offering violence to officiating ministers of religion
207. Disturbing religious worship

CHAPTER 22 - OFFENCES AGAINST MORALITY

207A. Definitions for this chapter
208. (Repealed)
209. (Repealed)
210. Indecent treatment of children under 16
211. Bestiality
212. (Repealed)
213. Owner etc. permitting abuse of children on premises
214. (Repealed)
215. Engaging in penile intercourse with child under 16
216. Abuse of persons with an impairment of the mind
217. Procuring young person etc. for penile intercourse
217A. Obtaining commercial sexual services from person who is not an adult
217B. Allowing person who is not an adult to take part in commercial sexual services
217C. Conduct relating to provision of commercial sexual services by person who is not an adult
218. Procuring sexual acts by coercion etc.
218A. Using internet etc. to procure children under 16
218B. Grooming child under 16 years or parent or carer of child under 16 years
219. Taking child for immoral purposes
220. (Repealed)
221. Conspiracy to defile
222. Incest
223. Distributing intimate images
224. (Repealed)
225. (Repealed)
226. (Repealed)
227. Indecent acts
227A. Observations or recordings in breach of privacy
227B. Distributing prohibited visual recordings
227C. 227B
228. Obscene publications and exhibitions
228A. Involving child in making child exploitation material
228B. Making child exploitation material
228C. Distributing child exploitation material
228D. Possessing child exploitation material
228DA. Administering child exploitation material website
228DB. Encouraging use of child exploitation material website
228DC. Distributing information about avoiding detection
228E. Defences for ss 228A–228DC
228F. Excluding non-essential persons from court when child exploitation material displayed
228G. Forfeiture of child abuse objects, child exploitation material etc.
228H. Possession etc. of child abuse objects or child exploitation material by law enforcement officer
228I. Producing or supplying child abuse object
228J. Possessing child abuse object
228K. Defence for ss 228I and 228J
229. Knowledge of age immaterial
229A. Threats to distribute intimate image or prohibited visual recording
229AA. Rectification order—offence against s 223, 227A, 227B or 229A
229B. Repeated sexual conduct with a child
229BB. Failure to protect child from child sexual offence
229BC. Failure to report belief of child sexual offence committed in relation to child

CHAPTER 22A - (Repealed)

CHAPTER 23 - NUISANCES—MISCONDUCT RELATING TO CORPSES

230A. Definitions for ch 23
230. Common nuisances
231. (Repealed)
232. Operating a place for unlawful games
233. Possession of thing used to play an unlawful game
234. Conducting or playing unlawful games
235. (Repealed)
236. Misconduct with regard to corpses
237. (Repealed)

CHAPTER 24 - OFFENCES AGAINST PUBLIC HEALTH

238. Contamination of goods
239. Hoax contamination of goods
240. Dealing in contaminated goods
241. Definitions for ch 24

CHAPTER 25 - CRUELTY TO ANIMALS

242. Serious animal cruelty
243. (Repealed)
244. (Repealed)

PART 5 - OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES

CHAPTER 26 - ASSAULTS AND VIOLENCE TO THE PERSON GENERALLY—JUSTIFICATION AND EXCUSE

245. assault
246. Assaults unlawful
247. Execution of sentence
248. Execution of process
249. Execution of warrants
250. Erroneous sentence or process or warrant
251. Sentence or process or warrant without jurisdiction
252. Arrest of wrong person
253. Irregular process or warrant
254. Force used in executing process or in arrest
255. Duty of persons arresting
256. (Repealed)
257. Other cases of preventing escape from arrest
258. Preventing escape or rescue after arrest
259. (Repealed)
260. Preventing a breach of the peace
261. Suppression of riot
262. Suppression of riot by magistrates
263. Suppression of riot by person acting under lawful orders
264. Suppression of riot by person acting without order in case of emergency
265. Riot—persons subject to military law
266. Prevention of crimes and offences for which an offender may be arrested without warrant—prevention of violence by particular persons
267. Defence of dwelling
268. Provocation
269. Defence of provocation
270. Prevention of repetition of insult
271. Self-defence against unprovoked assault
272. Self-defence against provoked assault
273. Aiding in self-defence
274. Defence of moveable property against trespassers
275. Defence of moveable property with claim of right
276. Defence of moveable property without claim of right
277. Defence of premises against trespassers—removal of disorderly persons
278. Defence of possession of real property or vessel with claim of right
279. Exercise of right of way or easement
280. Domestic discipline
281. Discipline of vehicle
282. Surgical operations and medical treatment
282A. Palliative care
283. Excessive force
284. Consent to death immaterial

CHAPTER 27 - DUTIES RELATING TO THE PRESERVATION OF HUMAN LIFE

285. Duty to provide necessaries
286. Duty of person who has care of child
287. (Repealed)
288. Duty of persons doing dangerous acts
289. Duty of persons in charge of dangerous things
290. Duty to do certain acts

CHAPTER 28 - HOMICIDE—SUICIDE— CONCEALMENT OF BIRTH

291. Killing of a human being unlawful
292. When a child becomes a human being
293. killing
294. Death by acts done at childbirth
295. Causing death by threats
296. Acceleration of death
297. When injury or death might be prevented by proper precaution
298. Injuries causing death in consequence of subsequent treatment
299. (Repealed)
300. Unlawful homicide
301. (Repealed)
302. murder
303. manslaughter
304. Killing on provocation
304A. Diminished responsibility
304B. Killing for preservation in an abusive domestic relationship
305. Punishment of murder
306. Attempt to murder
307. Accessory after the fact to murder
308. Threats to murder in document
309. Conspiring to murder
310. Punishment of manslaughter
311. Aiding suicide
312. (Repealed)
313. Killing unborn child
314. Concealing the birth of children

CHAPTER 28A - UNLAWFUL STRIKING CAUSING DEATH

314A. Unlawful striking causing death

CHAPTER 29 - OFFENCES ENDANGERING LIFE OR HEALTH

315. Disabling in order to commit indictable offence
315A. Choking, suffocation or strangulation in a domestic setting
316. Stupefying in order to commit indictable offence
316A. Unlawful drink spiking
317. Acts intended to cause grievous bodily harm and other malicious acts
317A. Carrying or sending dangerous goods in a vehicle
318. Obstructing rescue or escape from unsafe premises
319. Endangering the safety of a person in a vehicle with intent
319A. Termination of pregnancy performed by unqualified person
320. Grievous bodily harm
320A. Torture
321. Attempting to injure by explosive or noxious substances
321A. Bomb hoaxes
322. Administering poison with intent to harm
323. Wounding
323A. Female genital mutilation
323B. Removal of child from State for female genital mutilation
324. Failure to supply necessaries
325. (Repealed)
326. Endangering life of children by exposure
327. Setting mantraps
328. Negligent acts causing harm
328A. Dangerous operation of a vehicle
328B. Additional power to convict for dangerous operation of a vehicle
328C. Damaging emergency vehicle when operating motor vehicle
328D. Endangering police officer when driving motor vehicle
329. Endangering safety of persons travelling by railway
330. Sending or taking unseaworthy ships to sea
331. (Repealed)
332. (Repealed)
333. Evading laws as to equipment of ships
334. Landing explosives

CHAPTER 30 - ASSAULTS

335. Common assault
337. (Repealed)
338. (Repealed)
338A. Assaults of member of crew on aircraft
339. Assaults occasioning bodily harm
340. Serious assaults
341. (Repealed)
342. (Repealed)
343. (Repealed)
343A. (Repealed)
344. (Repealed)
345. (Repealed)
346. Assaults in interference with freedom of trade or work

CHAPTER 31 - (Repealed)

CHAPTER 32 - RAPE AND SEXUAL ASSAULTS

347. ch 32
348. consent
348A. Mistake of fact in relation to consent
349. Rape
350. Attempt to commit rape
351. Assault with intent to commit rape
352. Sexual assaults
353. (Repealed)

CHAPTER 33 - OFFENCES AGAINST LIBERTY

354. Kidnapping
354A. Kidnapping for ransom
355. Deprivation of liberty
356. False certificates by officers charged with duties relating to liberty
357. Concealment of matters affecting liberty
358. Unlawful custody of particular persons
359. Threats

CHAPTER 33A - UNLAWFUL STALKING, INTIMIDATION, HARASSMENT OR ABUSE

359A. Definitions for ch 33A
359B. unlawful stalking, intimidation, harassment or abuse
359C. What is immaterial for unlawful stalking, intimidation, harassment or abuse
359D. unlawful stalking, intimidation, harassment or abuse
359E. Punishment of unlawful stalking, intimidation, harassment or abuse
359F. Court may restrain unlawful stalking, intimidation, harassment or abuse

CHAPTER 34 - OFFENCES RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES

360. Bigamy
361. Unlawful celebration of marriage
362. Unqualified persons procuring registration as persons qualified to celebrate marriages
363. Child-stealing
363A. Abduction of child under 16
364. Cruelty to children under 16
364A. Leaving a child under 12 unattended

CHAPTER 35 - CRIMINAL DEFAMATION

365. Criminal defamation
366. (Repealed)
367. (Repealed)
368. (Repealed)
369. (Repealed)
370. (Repealed)
371. (Repealed)
372. (Repealed)
373. (Repealed)
374. (Repealed)
375. (Repealed)
376. (Repealed)
377. (Repealed)
378. (Repealed)
379. (Repealed)
380. (Repealed)
381. (Repealed)
382. (Repealed)
383. (Repealed)
384. (Repealed)
385. (Repealed)
386. (Repealed)
387. (Repealed)
388. (Repealed)
389. (Repealed)

CHAPTER 35A - CIRCUMSTANCE OF AGGRAVATION FOR PARTICULAR OFFENCES

365A. ch 35A
365B. Application of defences
365C. Proof of being adversely affected by an intoxicating substance

PART 6 - OFFENCES RELATING TO PROPERTY AND CONTRACTS

Division 1 - Stealing and like offences

CHAPTER 36 - STEALING

390. Things capable of being stolen
391. stealing
392. Special cases
393. Funds etc. held under direction
394. Funds etc. received by agents for sale
395. Money received for another
396. Stealing by persons having an interest in the thing stolen
397. (Repealed)
398. Punishment of stealing

CHAPTER 37 - OFFENCES ANALOGOUS TO STEALING

399. Fraudulent concealment of particular documents
400. (Repealed)
401. (Repealed)
403. Severing with intent to steal
405. (Repealed)
406. Bringing stolen goods into Queensland
407. (Repealed)
408. (Repealed)
408A. Unlawful use or possession of motor vehicles, aircraft or vessels
408B. (Repealed)
408C. Fraud
408D. Obtaining or dealing with identification information
408E. Misuse of restricted computer

CHAPTER 38 - STEALING WITH VIOLENCE—EXTORTION BY THREATS

409. robbery
410. (Repealed)
411. Punishment of robbery
412. Attempted robbery
413. Assault with intent to steal
414. Demanding property with menaces with intent to steal
415. Extortion
416. (Repealed)
417. (Repealed)
417A. Taking control of aircraft

CHAPTER 39 - BURGLARY—HOUSEBREAKING—AND LIKE OFFENCES

418. Definitions
419. Burglary
420. (Repealed)
421. Entering or being in premises and committing indictable offences
422. (Repealed)
423. (Repealed)
424. (Repealed)
425. Possession of things used in connection with unlawful entry
425A. (Repealed)
426. (Repealed)
427. Unlawful entry of vehicle for committing indictable offence

CHAPTER 40 - OTHER FRAUDULENT PRACTICES

427A. Obtaining property by passing valueless cheques
428. (Repealed)
429. (Repealed)
430. Fraudulent falsification of records
431. False accounting by public officer

CHAPTER 41 - RECEIVING PROPERTY STOLEN OR FRAUDULENTLY OBTAINED AND LIKE OFFENCES

432. tainted property
433. Receiving tainted property
434. (Repealed)
435. Taking reward for recovery of property obtained by way of indictable offences

CHAPTER 42 - (Repealed)

CHAPTER 42A - SECRET COMMISSIONS

442A. Definitions
442B. Receipt or solicitation of secret commission by an agent
442BA. Gift or offer of secret commission to an agent
442C. Secret gifts received by parent, spouse, child, partner etc. of agent
442D. False or misleading receipt or account
442E. Secret commission for advice given
442EA. Offer or solicitation of secret commission in return for advice given or to be given
442F. Secret commission to trustee in return for substituted appointment
442G. Liability of director etc. acting without authority
442H. (Repealed)
442I. Penalty on conviction
442J. Court may order withdrawal of trifling or technical cases
442K. Witness giving answers criminating himself or herself
442L. Certificate to witness
442M. Custom of itself no defence

CHAPTER 43 - MATCH-FIXING

443. ch 43
443A. Engaging in match-fixing conduct
443B. Facilitating match-fixing conduct or match-fixing arrangement
443C. Offering or giving benefit, or causing or threatening detriment, to engage in match-fixing conduct or match-fixing arrangement
443D. Using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting
443E. Encouraging person not to disclose match-fixing conduct or match-fixing arrangement
443F. Using or disclosing inside knowledge for betting
443G. Evidentiary provision
444. (Repealed)

CHAPTER 44 - OFFENCES ANALOGOUS TO STEALING RELATING TO ANIMALS

CHAPTER DIVISION 1 - OFFENCES RELATING TO ANIMALS GENERALLY

444A. Killing animals with intent to steal
444B. Using registered brands with criminal intention

CHAPTER DIVISION 2 - OFFENCES RELATING TO STOCK

445. Unlawfully using stock
446. Suspicion of stealing stock
447. Illegal branding
448. Defacing brands
448A. Having in possession stock with defaced brand

CHAPTER DIVISION 3 - ARREST

449. (Repealed)
450. (Repealed)
450A. Arrest without warrant
450B. Warrant in first instance
450C. (Repealed)

CHAPTER 44A - SPECIAL PROVISIONS IN RESPECT OF OFFENCES RELATING TO STOCK

CHAPTER DIVISION 1 - PRELIMINARY

450D. ch 44A

CHAPTER DIVISION 2 - PRESCRIBED RECORDS

450E. Duty of police officer who seizes an animal connected with a charge
450EA. Admissibility of adequate prescribed record

CHAPTER DIVISION 3 - STOCK DISPOSAL ORDERS

450EB. Application for stock disposal order
450EC. Affidavit to accompany application
450ED. When order may be made if party disputes making of order
450EE. Order if no dispute
450EF. Content of order
450EG. Security for costs of keeping animal
450EH. Clear title to animal for sale under order

CHAPTER DIVISION 4 - OTHER PROVISIONS

450EI. Unavailability of animal at trial
450EJ. Effect of defendant not objecting to animal’s return to its owner
450F. Animal valuers and valuations
450G. (Repealed)
450H. Licence disqualification where commission of offence facilitated by licence or use of vehicle
450I. Forfeiture in cases of conviction for offences under specified sections

CHAPTER 44B - (Repealed)

Division 2 - Injuries to property

CHAPTER 45 - DEFINITIONS

458. Unlawful acts
459. Acts done with intent to defraud
460. (Repealed)

CHAPTER 46 - OFFENCES

461. Arson
462. Endangering particular property by fire
463. Setting fire to vegetation
464. (Repealed)
465. (Repealed)
466. (Repealed)
467. Endangering the safe use of vehicles and related transport infrastructure
467A. (Repealed)
468. Injuring animals
469. Wilful damage
469AA. Forfeiture of thing used to record, store or transmit image of graffiti
469A. Sabotage and threatening sabotage
470. Attempts to destroy property by explosives
470A. Unlawful dealing with explosive or noxious substances
471. Damaging mines
472. Interfering with marine signals
473. Interfering with navigation works
474. Communicating infectious diseases to animals
475. Travelling with infected animals
476. (Repealed)
477. Obstructing railways
478. Sending letters threatening to burn or destroy
479. Arrest without warrant

CHAPTER 47 - (Repealed)

Division 3 - Forgery and like offences—personation

CHAPTER 48 - FORGERY IN GENERAL—DEFINITIONS

484. Definitions
485. (Repealed)
486. (Repealed)
487. (Repealed)

CHAPTER 49 - PUNISHMENT OF FORGERY AND LIKE OFFENCES

488. Forgery and uttering
489. (Repealed)
490. (Repealed)
491. (Repealed)
492. (Repealed)
493. (Repealed)
494. (Repealed)
495. (Repealed)
496. (Repealed)
497. (Repealed)
498. Falsifying warrants for money payable under public authority
499. Falsification of registers
500. Sending false certificate of marriage to registrar
501. False statements for the purpose of registers of births, deaths, and marriages
501A. Contradictory statements
502. Procuring or claiming unauthorised status
503. (Repealed)
504. (Repealed)

CHAPTER 50 - (Repealed)

CHAPTER 51 - PREPARATION FOR FORGERY

510. Instruments and materials for forgery
511. (Repealed)
512. (Repealed)
513. (Repealed)

CHAPTER 52 - PERSONATION

514. Personation in general
515. Falsely acknowledging deeds, recognisances etc.
516. (Repealed)
517. (Repealed)

CHAPTER 53 - (Repealed)

Division 4 - Offences connected with trade and breach of contract

CHAPTER 54 - OTHER OFFENCES

531. (Repealed)
532. (Repealed)
533. Mixing uncertified with certified articles
534. (Repealed)

PART 7 - PREPARATION TO COMMIT OFFENCES—CONSPIRACY— ACCESSORIES AFTER THE FACT

CHAPTER 55 - ATTEMPTS AND PREPARATION TO COMMIT OFFENCES

535. Attempts to commit indictable offences
536. Punishment of attempts to commit indictable offences
537. (Repealed)
538. Reduction of punishment
539. Attempts to procure commission of criminal acts
540. Preparation to commit crimes with dangerous things

CHAPTER 56 - CONSPIRACY

541. Conspiracy to commit crime
542. Conspiracy to commit other offences
543. Other conspiracies
543A. Industrial disputes

CHAPTER 57 - ACCESSORIES AFTER THE FACT

544. Accessories after the fact to offences
545. Punishment of accessories after the fact to offences

PART 8 - PROCEDURE

CHAPTER 58 - ARREST

545A. Chapter does not apply to police officers
546. Arrest without warrant generally
547. Arrest without warrant in special cases
547A. Arrest of persons found committing offences on aircraft
548. Arrest of persons found committing offences
549. Arrest of offender committing indictable offences by night
550. Arrest during flight
551. Arrest of persons offering stolen property for sale etc.
552. Duty of persons arresting

CHAPTER 58A - INDICTABLE OFFENCES DEALT WITH SUMMARILY

552A. Charges of indictable offences that must be heard and decided summarily on prosecution election
552B. Charges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial
552BA. Charges of indictable offences that must be heard and decided summarily
552BB. Excluded offences
552C. Constitution of Magistrates Court
552D. When Magistrates Court must abstain from jurisdiction
552E. Charge may be heard and decided where defendant arrested or served
552F. Time for prosecution
552G. Value of property affecting jurisdiction to be decided by Magistrates Court
552H. Maximum penalty for indictable offences dealt with summarily
552I. Procedure under s 552B
552J. Appeals against decision to decide charge summarily

CHAPTER 59 - JURISDICTION—PRELIMINARY PROCEEDINGS—BAIL

553. Jurisdiction
554. Preliminary proceedings on charges of indictable offences
555. (Repealed)
555A. (Repealed)
556. (Repealed)
557. Place of trial
558. Persons brought before wrong court
559. Change of place of trial

CHAPTER 60 - INDICTMENTS

559A. Definition for ch 60
560. Presenting indictments
560A. Place where indictment is presented
561. Ex officio indictments
562. Arrest of person charged in ex officio indictment
563. Nolle prosequi
564. Form of indictment
565. General rules applicable to indictments
566. Particular indictments
567. Joinder of charges
568. Cases in which several charges may be joined
569. Accessories
570. Statement of previous conviction
571. Formal defects
572. Amendment of indictments
573. Particulars
574. Summary convictions

CHAPTER 61 - EFFECT OF INDICTMENT

575. Offences involving circumstances of aggravation
575A. Evidence at murder trial
576. Indictment containing count of murder or manslaughter
577. Charge of homicide of child
578. Charge of offence of a sexual nature
579. Charge of specific injury—charge of injury with specific intent
580. Charge of injury to property
581. Offences of dishonesty
582. Charge of procuring commission of offence or wrongful act
583. Conviction for attempt to commit offence
584. When evidence shows offence of similar nature
585. Effect of conviction
586. Corrupt practices
587. Illegal practices
588. Charge of stealing stock
588A. Charges of stealing certain animals and of killing certain animals with intent to steal
589. Indictment for joint receiving
589A. Indictment for using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting

CHAPTER 62 - TRIAL—ADJOURNMENT—PLEAS— PRACTICE

CHAPTER DIVISION 1 - BRINGING ACCUSED PERSON TO TRIAL

590. Bringing accused to trial

CHAPTER DIVISION 2 - DIRECTIONS AND RULINGS BEFORE TRIAL

590AA. Pre-trial directions and rulings
590AAA. Noncompliance with direction about disclosure

CHAPTER DIVISION 3 - DISCLOSURE BY THE PROSECUTION

CHAPTER SUBDIVISION A - PRELIMINARY PROVISIONS

590AB. Disclosure obligation
590AC. Chapter division does not have particular consequences

CHAPTER SUBDIVISION B - INTERPRETATION

590AD. div 3
590AE. possession of the prosecution
590AF. sensitive evidence
590AFA. Evidence Act section 93A device statement
590AG. Particular references to an accused person include references to a lawyer acting for the accused person

CHAPTER SUBDIVISION C - DISCLOSURE

590AH. Disclosure that must always be made
590AI. When mandatory disclosure must be made
590AJ. Disclosure that must be made on request
590AK. When requested disclosure must be made
590AL. Ongoing obligation to disclose
590AM. How disclosure may be made

CHAPTER SUBDIVISION D - LIMITATIONS ON DISCLOSURE

590AN. Limit on disclosure of things accused person already has
590AO. Limit on disclosure of sensitive evidence
590AOA. section 93A
590AOB. Disclosure of recorded statement
590AP. Limit on disclosure of witness contact details
590APA. Protected counselling communications
590AQ. Limit on disclosure contrary to the public interest

CHAPTER SUBDIVISION E - VIEWING

590AR. Viewing evidence that is not original evidence
590AS. Viewing particular original evidence—generally
590ASA. Viewing bodies of deceased persons

CHAPTER SUBDIVISION F - MISCELLANEOUS PROVISIONS

590AT. Accused person may waive entitlement
590AU. Court may waive requirement
590AV. Disclosure directions under particular provisions
590AW. When issues about disclosure must be resolved
590AX. Unauthorised copying of sensitive evidence

CHAPTER DIVISION 4 - DISCLOSURE BY AN ACCUSED PERSON

590A. Notice of alibi
590B. Advance notice of expert evidence
590C. Advance notice of representation if person who made it is unavailable

CHAPTER DIVISION 4A - DISCLOSURE OBLIGATION DIRECTIONS

590D. ch div 4A
590E. ch div 4A
590F. Subject matter for disclosure obligation direction
590G. Application for disclosure obligation direction

CHAPTER DIVISION 5 - BRINGING ON TRIAL AND ORDERING ADJOURNMENT

591. Accelerating trial of persons not under committal
592. Adjournment of trial
593. Directions as to trial upon adjournment
593A. Warrant to bring witness before court
593B. (Repealed)

CHAPTER DIVISION 6 - CORPORATION AS ACCUSED PERSON

594A. Presence in court and plea where accused person is a corporation

CHAPTER DIVISION 7 - APPLICATIONS BY ACCUSED PERSON ABOUT INDICTMENT

595. Delivery of copy of indictment
596. Motion to quash indictment
597. Misnomer

CHAPTER DIVISION 8 - SEPARATE TRIALS

597A. Separate trials where 2 or more charges against the same person
597B. Separate trials

CHAPTER DIVISION 9 - PLEAS

597C. Accused person to be called on to plead to indictment
598. Pleas
599. Defence of justification for defamation to be specially pleaded
600. Persons committed for sentence
601. Standing mute
602. Plea of autrefois convict or autrefois acquit
603. Trial on plea to the jurisdiction
604. Trial by jury
605. Demurrer
608. (Repealed)
609. (Repealed)
610. (Repealed)
611. (Repealed)
612. (Repealed)
613. Want of understanding of accused person

CHAPTER DIVISION 9A - TRIAL BY JUDGE ALONE

614. Application for order
615. Making a no jury order
615A. More than 1 charge or accused person
615B. Law and procedure to be applied
615C. Judge’s verdict and judgment
615D. Particular proceedings excluded from application
615E. References to trial by jury

CHAPTER DIVISION 10 - APPEARANCES AND FAIR CONDUCT

616. Defence by counsel
617. Presence of accused
617A. Juries

CHAPTER DIVISION 11 - TRIAL OF ISSUES

618. Evidence in defence
618A. (Repealed)
619. Speeches by counsel
620. Summing up
621. (Repealed)
622. (Repealed)
623. (Repealed)
624. Special verdict
625. General verdict on charge of defamation
626. (Repealed)
627. (Repealed)
628. (Repealed)
629. (Repealed)

CHAPTER DIVISION 12 - OTHER PROVISIONS

630. Procedure on charge of an offence committed after previous conviction
631. Further pleas
631A. Plea of guilty during trial

CHAPTER 63 - EVIDENCE—PRESUMPTIONS OF FACT

632. Corroboration
633. (Repealed)
634. Evidence on trials for perjury and subornation
635. Evidence of previous conviction
636. Evidence of blood relationship
637. (Repealed)
638. Evidence of authority
639. Averments about public officers and public service officers or employees
640. (Repealed)
641. Evidence on certain charges of stealing money
642. Evidence on charges relating to seals and stamps
643. Intention to injure, deceive or defraud
644. Admissions
644A. Witness giving incriminating answers

CHAPTER 63A - NON-ATTENDANCE OF WITNESS

644B. Non-attendance of individual
644C. Non-attendance of corporation
644D. Noncompliance is contempt of court

CHAPTER 64 - VERDICT—JUDGMENT

645. Accused person insane during trial
646. Discharge of persons acquitted
647. Acquittal on ground of insanity
648. Convicted person to be called on to show cause
649. Arrest of judgment
650. Sentence
651. Court may decide summary offences if a person is charged on indictment
652. Proceedings to transmit charge for summary offence
653. Remission of proceedings to court exercising summary jurisdiction
654. (Repealed)
655. (Repealed)
656. (Repealed)
657. (Repealed)
657A. (Repealed)
658. (Repealed)
659. Effect of summary conviction for indictable offences

CHAPTER 64A - (Repealed)

CHAPTER 65 - COSTS

660. Costs of prosecution in certain cases
661. (Repealed)
662. Taxation
663. (Repealed)

CHAPTER 65A - (Repealed)

CHAPTER 66 - (Repealed)

CHAPTER 67 - APPEALS, SUBSEQUENT APPEALS AND PARDONS

CHAPTER DIVISION 1 - PRELIMINARY

668. Definitions for chapter

CHAPTER DIVISION 2 - REFERENCES, RESERVATIONS AND APPEALS

668AA. Application of chapter division
668A. Reference by Crown Law Officer of pre-trial direction or ruling
668B. Reservation of points of law
668C. Appeal from arrest of judgment
668D. Right of appeal
668E. Determination of appeal in ordinary cases
668F. Powers of Court in special cases
669. Power to grant new trial
669A. Appeal by Attorney-General or Crown Law Officer
670. Revesting and restitution of property on conviction
671. Time for appealing

CHAPTER DIVISION 3 - SUBSEQUENT APPEALS

671AA. Definitions for chapter division
671AB. Fresh and compelling evidence and new and compelling evidence—meanings
671AC. Right of subsequent appeal
671AD. Evidence in proceedings for subsequent appeal
671AE. Determination of subsequent appeal
671AF. Directions, orders etc. on allowed subsequent appeal

CHAPTER DIVISION 4 - OTHER PROVISIONS FOR APPEALS AND SUBSEQUENT APPEALS

671A. Judge’s notes and report to be furnished on appeal
671B. Supplemental powers
671C. (Repealed)
671D. Right of appellant to be present
671E. Appeals and subsequent appeals permitted in writing
671F. Costs of appeal or subsequent appeal
671G. Grant of bail to appellant and custody when attending Court
671H. Duties of registrar
671J. Documents, exhibits etc.
671K. Records of proceedings
671L. Powers exercisable by a judge
672. Appeals from the decisions of the Court

CHAPTER DIVISION 5 - PARDONS

672A. Pardoning power preserved
673. (Repealed)
674. (Repealed)
675. Conditional remission of sentence by Governor
676. Pardon in case of imprisonment for non-payment of money
677. Effect of pardon

CHAPTER 68 - EXCEPTIONS TO DOUBLE JEOPARDY RULES

678. Definitions for chapter
678A. ch 68
678B. Court may order retrial for murder—fresh and compelling evidence
678BA. Court may order retrial for prescribed offence—fresh and compelling evidence
678C. Court may order retrial for 25 year offence—tainted acquittal
678D. Fresh and compelling evidence—meaning
678E. Tainted acquittal—meaning
678F. Interests of justice—matters for consideration
678G. Application for retrial—procedure
678H. Retrial
678I. Authorisation of police investigations
678J. Bail
678K. Restrictions on publication
679. (Repealed)

CHAPTER 69 - SEIZURE AND DETENTION OF PROPERTY CONNECTED WITH OFFENCES—RESTITUTION OF PROPERTY UNLAWFULLY ACQUIRED

679A. Search of aircraft
679B. (Repealed)
680. Property found on offenders on arrest
680A. (Repealed)
681. (Repealed)
682. Disposal of property seized
683. Explosives
684. (Repealed)
685. (Repealed)
685A. (Repealed)
685B. Orders for delivery of certain property

CHAPTER 70 - INFORMATIONS BY PRIVATE PERSONS FOR INDICTABLE OFFENCES—EX OFFICIO INDICTMENTS

686. Information by leave of the court by private prosecutors
687. Security to be given by prosecutor for costs of defence
688. Service of information
689. Plea
690. Default of plea
691. Time and place of trial
692. Effect of judgment for prosecutor on demurrer
693. Effect of judgment by default
694. Costs of defence
695. Practice to be applied on ex officio indictment

CHAPTER 71 - MISCELLANEOUS PROVISIONS

695A. Power to protect victim of violence by prohibiting publication of information about proceedings
696. Warrant for release of person detained in custody
697. Court may direct certain persons to be prosecuted for perjury
698. (Repealed)
699. Staying prosecution for publication of parliamentary paper
700. Certificate of dismissal by justices
701. (Repealed)
702. Saving of civil remedies
703. (Repealed)
704. No court fees in criminal cases
705. Copies of depositions to be allowed to persons committed for trial
706. Inspection of depositions at trial
706A. Development of administrative arrangements
707. Forms of criminal proceedings
708. Regulation-making power
708A. (Repealed)

PART 9 - TRANSITIONAL AND VALIDATION PROVISIONS

CHAPTER 72 - TRANSITIONAL PROVISION FOR ACT NO. 18 OF 1999

709. Transitional provision for Act No. 18 of 1999

CHAPTER 73 - TRANSITIONAL PROVISION FOR JUSTICE LEGISLATION (MISCELLANEOUS PROVISIONS) ACT (NO. 2) 1999

710. Transitional provision for Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999

CHAPTER 74 - TRANSITIONAL PROVISION FOR CRIMINAL LAW AMENDMENT ACT 2000

711. Transitional provision for Criminal Law Amendment Act 2000

CHAPTER 75 - TRANSITIONAL PROVISION FOR CRIMINAL LAW AMENDMENT ACT 2002

712. Transitional provision for Criminal Law Amendment Act 2002

CHAPTER 76 - TRANSITIONAL PROVISION FOR SEXUAL OFFENCES (PROTECTION OF CHILDREN) AMENDMENT ACT 2003

713. Transitional provision for Sexual Offences (Protection of Children) Amendment Act 2003—unlawful sexual relationship

CHAPTER 77 - VALIDATION PROVISION FOR CRIMINAL PROCEEDS CONFISCATION ACT 2002

714. Validation provision for Criminal Proceeds Confiscation Act 2002—presentation of indictment

CHAPTER 78 - TRANSITIONAL PROVISION FOR EVIDENCE (PROTECTION OF CHILDREN) AMENDMENT ACT 2003

715. Transitional provision for disclosure by the prosecution

CHAPTER 79 - TRANSITIONAL PROVISION FOR DEFAMATION ACT 2005

716. Defence of truth of defamatory matter still to be specially pleaded

CHAPTER 80 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AMENDMENT ACT 2006

717. Effect of repeal of ss 56, 57 and 58

CHAPTER 81 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2007

718. Appointment of animal valuers

CHAPTER 82 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND OTHER ACTS AMENDMENT ACT 2008

719. References to particular offences

CHAPTER 83 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND JURY AND ANOTHER ACT AMENDMENT ACT 2008

720. Trial by judge alone

CHAPTER 84 - PART 8

721. Notices to witnesses

CHAPTER 85 - TRANSITIONAL PROVISION FOR THE CRIMINAL CODE (MEDICAL TREATMENT) AMENDMENT ACT 2009

722. Retrospective application of amendment

CHAPTER 86 - TRANSITIONAL PROVISIONS FOR CRIMINAL CODE (ABUSIVE DOMESTIC RELATIONSHIP DEFENCE AND ANOTHER MATTER) AMENDMENT ACT 2010

723. Retrospective application of amendment

CHAPTER 87 - TRANSITIONAL PROVISION FOR MEMBERS OF QR GROUP

724. Employees of members of QR Group taken to be persons employed in public service during interim period

CHAPTER 88 - TRANSITIONAL PROVISIONS FOR CIVIL AND CRIMINAL JURISDICTION REFORM AND MODERNISATION AMENDMENT ACT 2010

725. Definitions for ch 88
726. New disclosure provisions apply only to prosecutions commenced after commencement
727. New summary disposition provisions apply only to prosecutions commenced after commencement

CHAPTER 89 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND OTHER LEGISLATION AMENDMENT ACT 2011

728. Application of amendment Act

CHAPTER 90 - TRANSITIONAL PROVISION FOR CRIMINAL LAW AMENDMENT ACT 2012

729. Application of amendment Act

CHAPTER 91 - TRANSITIONAL PROVISIONS FOR CRIMINAL LAW (CHILD EXPLOITATION AND DANGEROUS DRUGS) AMENDMENT ACT 2013

730. Indictments for offences

CHAPTER 92 - TRANSITIONAL PROVISION FOR CRIMINAL LAW (CRIMINAL ORGANISATIONS DISRUPTION) AND OTHER LEGISLATION AMENDMENT ACT 2013

731. Application of amended s 597C

CHAPTER 93 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND ANOTHER ACT (STOCK) AMENDMENT ACT 2014

732. Tendering, return or disposal of stock

CHAPTER 94 - TRANSITIONAL PROVISIONS FOR CRIMINAL LAW AMENDMENT ACT 2014

733. Extended application of ch 68
734. Application of s 564

CHAPTER 95 - TRANSITIONAL PROVISION FOR HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2016

735. References to particular offences

CHAPTER 96 - TRANSITIONAL PROVISIONS FOR SERIOUS AND ORGANISED CRIME LEGISLATION AMENDMENT ACT 2016

736. Review of consorting provisions
737. Regulation made by the Serious and Organised Crime Legislation Amendment Act 2016
738. Offences against ss 60A and 60B charged before repeal

CHAPTER 97 - TRANSITIONAL PROVISION FOR CRIMINAL LAW AMENDMENT ACT 2017

739. Application of amendment Act

CHAPTER 98 - TRANSITIONAL PROVISION FOR VICTIMS OF CRIME ASSISTANCE AND OTHER LEGISLATION AMENDMENT ACT 2017

740. Protected counselling communications

CHAPTER 99 - TRANSITIONAL PROVISION FOR PENALTIES AND SENTENCES (DRUG AND ALCOHOL TREATMENT ORDERS) AND OTHER LEGISLATION AMENDMENT ACT 2017

741. Application of s 552H

CHAPTER 100 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (NON-CONSENSUAL SHARING OF INTIMATE IMAGES) AMENDMENT ACT 2019

742. Application of s 229AA

CHAPTER 101 - TRANSITIONAL PROVISION FOR POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2020

743. Saving of former s 205A

CHAPTER 102 - TRANSITIONAL AND DECLARATORY PROVISIONS FOR CRIMINAL CODE (CHILD SEXUAL OFFENCES REFORM) AND OTHER LEGISLATION AMENDMENT ACT 2020

CHAPTER DIVISION 1 - PROVISIONS COMMENCING ON DAY AFTER ASSENT

744. Application of repealed s 212
745. Application of former s 215
746. Application of s 229B to acts done before 3 July 1989
747. Application of s 229B during period 3 July 1989 to 30 April 2003
748. Proceedings for offences against s 229B
749. Application of former s 218B to certain conduct
750. Application of amended ss 668A and 669A

CHAPTER DIVISION 2 - PROVISION COMMENCING BY PROCLAMATION

751. Application of s 229BC

CHAPTER 103 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020

752. Application of s 359E(4)
753. Application of ch 58A before and after amendment to particular charges

CHAPTER 104 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (CONSENT AND MISTAKE OF FACT) AND OTHER LEGISLATION AMENDMENT ACT 2021

754. Offences charged before or after the commencement

CHAPTER 105 - TRANSITIONAL PROVISION FOR EVIDENCE AND OTHER LEGISLATION AMENDMENT ACT 2022

755. Existing relevant proceedings

CHAPTER 106 - TRANSITIONAL PROVISIONS FOR DOMESTIC AND FAMILY VIOLENCE PROTECTION (COMBATING COERCIVE CONTROL) AND OTHER LEGISLATION AMENDMENT ACT 2023

756. Offences charged before or after the commencement
757. Conviction for domestic violence offence before commencement

CHAPTER 107 - TRANSITIONAL PROVISIONS FOR STRENGTHENING COMMUNITY SAFETY ACT 2023

758. Proceedings for charge for offence against former s 408A(1B)
759. Application of particular provisions to charge for offence against former s 408A(3)

CHAPTER 108 - INFORMATION PRIVACY AND OTHER LEGISLATION AMENDMENT ACT 2023

760. Application of s 408E

CHAPTER 110 - CRIMINAL CODE AND OTHER LEGISLATION (DOUBLE JEOPARDY EXCEPTION AND SUBSEQUENT APPEALS) AMENDMENT ACT 2024

764. Subsequent appeals—appeals or applications for leave to appeal before commencement

CHAPTER 111 - CRIMINAL CODE (DECRIMINALISING SEX WORK) AND OTHER LEGISLATION AMENDMENT ACT 2024

763. Definitions for chapter
764. Proceedings for offences against former ch 22A generally
765. Proceedings for particular offences against former ch 22A
766. Continuation of s 229J—certificate of discharge for particular offences
(Repealed)
(Repealed)
(Repealed)

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback