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CRIMINAL CODE 1899 - SECT 1
Definitions
1 Definitions
In this Code—
"25 year offence" , for chapter 68 , see section 678 (1) .
"acquittal" , for chapter 68 , see section 678 (1) .
"administration of justice offence" , for chapter 68 , see section 678 (1) .
"adult" means a person of or above the age of 18 years.
"adult entertainment" has the meaning given by the Liquor Act 1992 , section
103N .
"adult entertainment permit" means an adult entertainment permit granted under
the Liquor Act 1992 and in force.
"affected child" , for chapter 62 , chapter division 3 , see section 590AD .
"aircraft" includes any machine or apparatus designed to support itself in the
atmosphere.
It is immaterial whether the machine or apparatus is incapable of use through
mechanical defect or whether any part or parts thereof have been removed for
any purpose or by any person.
A flight of an aircraft shall be deemed to commence—
(a) at the time of the
closing of the external door of the aircraft last to be closed before the
aircraft first moves for the purpose of taking off from any place; or
(b) if
paragraph (a) is not applicable—at the time at which the aircraft first
moves for the purpose of taking off from any place; and
shall be deemed to
end— (c) at the time of the opening of the external door of the aircraft
first to be opened after the aircraft comes to rest after its next landing
after the commencement of the flight; or
(d) if paragraph (c) is not
applicable—at the time at which the aircraft comes to rest after its next
landing after the commencement of the flight;
or, if the aircraft is
destroyed, or the flight is abandoned, before either paragraph (c) or (d)
becomes applicable, at the time at which the aircraft is destroyed or the
flight is abandoned, as the case may be.
"animal" includes any living creature other than mankind.
"anonymising service" , for part 4 , chapter 22 , see section 207A .
"appellant" , for chapter 67 , see section 668 (1) .
"approved manager" ...
"arresting officer" — (a) for chapter 62 , chapter division 3 , see
section 590AD ; or
(b) for chapter 62 , chapter division 4A , see
section 590E .
"assault" — (a) generally—see section 245 ; or
(b) for chapter 32 —see
section 347 .
"associate" , of a lawyer, for chapter 62 , chapter division 3 , see
section 590AD .
"benefit" includes property, advantage, service, entertainment, the use of or
access to property or facilities, and anything of benefit to a person whether
or not it has any inherent or tangible value, purpose or attribute.
"bet" or
"make a bet" , for chapter 43 , see section 443 .
"bodily harm" means any bodily injury which interferes with health or comfort.
"brothel licence" ...
"canal" includes aqueduct.
"carnal knowledge" ...
"child abuse object" , for part 4 , chapter 22 , see section 207A .
"child exploitation material" , for chapter 22 , see section 207A .
"child sexual offence" , for part 4 , chapter 22 , see section 207A .
"circumstance of aggravation" means any circumstance by reason whereof an
offender is liable to a greater punishment than that to which the offender
would be liable if the offence were committed without the existence of that
circumstance.
"circumstances" , for chapter 33A , see section 359A .
"classification officer" ...
"classified" , for chapter 22 , see section 207A .
"clerk" and
"servant" include any person employed for any purpose as or in the capacity of
a clerk or servant, or as a collector of money, although temporarily only, or
although employed also by other persons than the person alleged to be the
person’s employer, or although employed to pay as well as receive money, and
any person employed as or in the capacity of a commission agent for the
collection or disbursement of money, or in any similar capacity, although the
person has no authority from the person’s employer to receive money or other
property on the employer’s account.
"commercial sexual service" , for chapter 22 , see section 207A .
"committal for trial" includes committal for sentence.
"Commonwealth Classification Act" , for chapter 22 , see section 207A .
"company" means an incorporated company.
"computer game" , for chapter 22 , see section 207A .
"computer generated image" means electronically recorded data capable, by way
of an electronic device, of being produced on a computer monitor, television
screen, liquid crystal display or similar medium as an image, including an
image in the form of text.
"conduct" , for chapter 23 , see section 230A .
"consent" , for chapter 32 , see section 348 .
"consort" , for part 2 , chapter 9A , see section 77A .
"conviction" , for part 2 , chapter 9A , see section 77 .
"court" , for chapter 62 , chapter division 3 , see section 590AD .
"Court" — (a) for chapter 67 , see section 668 (1) ; or
(b) for chapter 68
, see section 678 (1) .
"court of trial" , for chapter 67 , see section 668 (1) .
"crematorium" includes the land or water where the crematorium is situated.
"criminal history" , for chapter 62 , chapter division 3 , see section 590AD .
"criminal organisation" see the Penalties and Sentences Act 1992 , section
161O .
"criminal responsibility" means liability to punishment as for an offence.
"criminally responsible" means liable to punishment as for an offence.
"Crown Law Officer" means the Attorney-General or director of public
prosecutions.
"damage" , in relation to a document, includes— (a) obliterate the document;
and
(b) make the whole document or part of the document illegible or
irrecoverable.
"detriment" — (a) caused to a person, includes detriment caused to a
person’s property; and
(b) for chapter 33A , see section 359A .
"disclose" ...
"disclosure obligation" , for chapter 62 , chapter division 4A , see
section 590E .
"disclosure obligation direction" , for chapter 62 , chapter division 4A , see
section 590E .
"distribute" , for part 4 , chapter 22 , see section 207A .
"document" includes— (a) anything on which there is writing; and
(b)
anything on which there are marks, figures, symbols, codes, perforations or
anything else having a meaning for a person qualified to interpret them; and
(c) a record.
"domestic relationship" means a relevant relationship under the
Domestic and Family Violence Protection Act 2012 , section 13 . Example—
Under the Domestic and Family Violence Protection Act 2012 , section 13 , a
relevant relationship means an intimate personal relationship, a family
relationship or an informal care relationship, as defined under that Act.
"domestic violence offence" means an offence against an Act, other than the
Domestic and Family Violence Protection Act 2012 , committed by a person where
the act done, or omission made, which constitutes the offence is also— (a)
domestic violence or associated domestic violence, under the
Domestic and Family Violence Protection Act 2012 , committed by the person; or
(b) a contravention of the Domestic and Family Violence Protection Act 2012 ,
section 177 (2) .
Example— Under the
Domestic and Family Violence Protection Act 2012 , section 177 (2) , a
respondent against whom a domestic violence order has been made under that Act
must not contravene the order.
"DPP presenter" , for chapter 60 , see section 559A .
"dwelling" includes any building or structure, or part of a building or
structure, which is for the time being kept by the owner or occupier for the
residence therein of himself or herself, his or her family, or servants, or
any of them, and it is immaterial that it is from time to time uninhabited.
A building or structure adjacent to, and occupied with, a dwelling is deemed
to be part of the dwelling if there is a communication between such building
or structure and the dwelling, either immediate or by means of a covered and
enclosed passage leading from the one to the other, but not otherwise.
"emergency vehicle" see section 6A .
"emergency worker" means— (a) a member of the police service; or
(b) a
member of the police service of the Commonwealth or another State; or
(c) a
service officer under the Ambulance Service Act 1991 ; or
(d) a member of an
ambulance service of another State; or
(e) a fire service officer or rural
fire brigade member under the Fire Services Act 1990 ; or
(f) a member of a
fire brigade or service of another State.
"encourage" , for chapter 43 , see section 443 .
"end" , of the proceedings for a relevant charge, for chapter 62 , chapter
division 3 , see section 590AD .
"engage" , in penile intercourse, see section 6 (2) .
"Evidence Act section 93A device statement" , for chapter 62 , chapter
division 3 , see section 590AD .
"exculpatory thing" , for chapter 62 , chapter division 3 , see section 590AD
.
"explosive substance" includes a gaseous substance in such a state of
compression as to be capable of explosion.
"family" , for chapter 16 , see section 119A .
"film" , for chapter 22 , see section 207A .
"forge" a document, means make, alter or deal with the document so that the
whole of it or a material part of it— (a) purports to be what, or of an
effect that, in fact it is not; or
(b) purports to be made, altered or dealt
with by a person who did not make, alter or deal with it or by or for some
person who does not, in fact exist; or
(c) purports to be made, altered or
dealt with by authority of a person who did not give that authority; or
(d)
otherwise purports to be made, altered or dealt with in circumstances in which
it was not made, altered or dealt with.
"fresh and compelling evidence" — (a) for chapter 67 , chapter division 3 ,
see section 671AB ; or
(b) for chapter 68 , see section 678D .
"gender identity" see the Anti-Discrimination Act 1991 , schedule 1 .
"genitalia" includes surgically constructed genitalia.
"grievous bodily harm" means— (a) the loss of a distinct part or an organ of
the body; or
(b) serious disfigurement; or
(c) any bodily injury of such a
nature that, if left untreated, would endanger or be likely to endanger life,
or cause or be likely to cause permanent injury to health;
whether or not
treatment is or could have been available.
"have in possession" ...
"hidden network" , for part 4 , chapter 22 , see section 207A .
"indecent matter" includes indecent film, videotape, audiotape, picture,
photograph or printed or written matter.
"indictment" means a written charge preferred against an accused person in
order to the person’s trial before some court other than justices exercising
summary jurisdiction.
"information" , for part 4 , chapter 22 , see section 207A .
"inland water" includes river, canal and reservoir.
"intellectually impaired person" ...
"interests of justice" , for chapter 68 , see section 678F .
"intimate image" , for part 4 , chapter 22 , see section 207A .
"judicial officer" includes— (a) an arbitrator, or umpire, appointed in
relation to an arbitration in which evidence may be taken on oath; and
(b) a
member of a tribunal established under an Act to perform judicial functions or
judicial functions and other functions; and
(c) a person conducting a hearing
of the Crime and Corruption Commission under the Crime and Corruption Act 2001
, chapter 4 ; and
(d) a justice of the peace constituting a court.
"judicial proceeding" , for chapter 16 , see section 119 .
"knowingly" , used in connection with any term denoting uttering or using,
implies knowledge of the character of the thing uttered or used.
"law enforcement agency" means— (a) the Queensland Police Service; or
(b)
the Office of the Director of Public Prosecutions; or
(c) the Crime and
Corruption Commission; or
(d) any other entity of— (i) another State; or
(ii) the Commonwealth;
that performs a similar function to an entity in
paragraphs (a) to (c).
"law enforcement officer" means— (a) a member or officer of a law
enforcement agency, including a person appearing for the director under the
Director of Public Prosecutions Act 1984 , section 10 (4) ; or
(b) a person
who is authorised, in writing, by the commissioner of the police service, or
the chairperson of the Crime and Corruption Commission, to help a member or
officer of a law enforcement agency; or
(c) a person who belongs to a class
of persons that is authorised, in writing, by the commissioner of the police
service, or the chairperson of the Crime and Corruption Commission, to help a
member or officer of a law enforcement agency.
"liable" , used alone, means liable on conviction upon indictment.
"licensed brothel" ...
"licensee" ...
"mail" ...
"mail conveyance" ...
"match-fixing arrangement" , for chapter 43 , see section 443 .
"match-fixing conduct" , for chapter 43 , see section 443 .
"material" , for chapter 22 , see section 207A .
"money" includes bank notes, bank drafts, cheques, and any other orders,
warrants, authorities, or requests, for the payment of money.
"motor vehicle" includes any machine or apparatus designed for propulsion
wholly or partly by gas, motor spirit, oil, electricity, steam or other
mechanical power, and also includes a motor cycle, or a caravan, caravan
trailer or other trailer designed to be attached to a motor vehicle.
It is immaterial whether the machine or apparatus is incapable of use through
mechanical defect or whether any part or parts thereof have been removed for
any purpose or by any person.
"network" , for part 4 , chapter 22 , see section 207A .
"new and compelling evidence" , for chapter 67 , chapter division 3 , see
section 671AB .
"night" or
"night-time" means the interval between 9p.m. and 6a.m.
"observe" , for chapter 22 , see section 207A .
"occupier" , for chapter 23 , see section 230A .
"offence" see section 2 .
"original evidence" , for chapter 62 , chapter division 3 , see section 590AD
.
"participant" , in a criminal organisation, see the
Penalties and Sentences Act 1992 , section 161P .
"party" , for chapter 62 , chapter division 4A , see section 590E .
"penetrate" , for chapter 32 , see section 347 .
"penile intercourse" see section 6 (1) .
"penis" includes a surgically constructed penis, whether provided for a male
or female.
"person" and
"owner" , and other like terms, when used with reference to property, include
corporations of all kinds, and any other associations of persons capable of
owning property, and also, when so used, include the Sovereign.
"person employed in the public service" includes police officers, staff
members under the Ministerial and Other Office Holder Staff Act 2010 and
persons employed to execute any process of a court of justice, and also
includes the chief executive officer of a rail government entity and persons
employed by a rail government entity.
"person with an impairment of the mind" means a person with a disability
that— (a) is attributable to an intellectual, psychiatric, cognitive or
neurological impairment or a combination of these; and
(b) results in— (i)
a substantial reduction of the person’s capacity for communication, social
interaction or learning; and
(ii) the person needing support.
"picture" includes image including computer generated image.
"place" , for chapter 23 , see section 230A .
"police officer" ...
"port" includes harbour and dock.
"possession" includes having under control in any place whatever, whether for
the use or benefit of the person of whom the term is used or of another
person, and although another person has the actual possession or custody of
the thing in question.
"possession of the prosecution" , for chapter 62 , chapter division 3 , see
section 590AE .
"Post and Telegraph Department" ...
"Postmaster-General" ...
"post office" and
"telegraph office" ...
"premises" includes— (a) a building or structure, or part of a building or
structure, of any type; and
(b) a group of, or part of a group of, buildings
or structures, of any type; and
(c) the land or water where a building or
structure or a group of buildings or structures is situated; and
(d) a
vehicle, or a caravan; and
(e) a tent, or a cave; and
(f) premises in which
more than 1 person has ownership.
"prescribed offence" , for chapter 68 , see section 678 (1) .
"prescribed summary trial" , for chapter 62 , chapter division 3 , see
section 590AD .
"private act" , for chapter 22 , see section 207A .
"private place" , for chapter 22 , see section 207A .
"prohibited symbol" see section 52C (1) .
"prohibited visual recording" , for part 4 , chapter 22 , see section 207A .
"property" includes— (a) every thing animate or inanimate that is capable of
being the subject of ownership; and
(b) money; and
(c) electrical or other
energy, gas and water; and
(d) a plant; and
(e) an animal that is— (i) a
tame animal, whether or not naturally tame; or
(ii) an untamed animal of a
type that, if kept, is usually kept confined; or
(iii) an untamed animal in a
person’s possession or being pursued for return to possession after escape;
and
(f) a thing produced by an animal mentioned in paragraph (e) ; and
(g)
any other property real or personal, legal or equitable, including things in
action and other intangible property.
"property" , of a person, for chapter 33A , see section 359A .
"prosecution" — (a) for chapter 62 , chapter division 3 , see section 590AD
; or
(b) for chapter 62 , chapter division 4A , see section 590E .
"prostitution" ...
"publication" , for chapter 22 , see section 207A .
"public officer" means a person other than a judicial officer, whether or not
the person is remunerated— (a) discharging a duty imposed under an Act or of
a public nature; or
(b) holding office under or employed by the Crown;
and
includes, whether or not the person is remunerated— (c) a person employed to
execute any process of a court; and
(d) a public service employee; and
(e) a
person appointed or employed under any of the following Acts— (i) the
Police Service Administration Act 1990 ;
(ii) the
Transport Infrastructure Act 1994 ; and
(f) a member, officer, or employee of
an authority, board, corporation, commission, local government, council,
committee or other similar body established for a public purpose under an Act.
"public place" , for chapter 23 , see section 230A .
"race" see the Anti-Discrimination Act 1991 , schedule 1 .
"rail GOC" ...
"rail government entity" see the Transport Infrastructure Act 1994 , schedule
6 .
"railway" includes every kind of way on which vehicles are borne upon a rail
or rails, whatever may be the means of propulsion.
"recognised offender" , for part 2 , chapter 9A , see section 77 .
"record" means any thing or process— (a) on or by which information is
recorded or stored; or
(b) by means of which sounds, images, writings,
messages or anything else having meaning can be conveyed in any way in a
visible or recoverable form;
even if the use or assistance of some electronic,
electrical, mechanical, chemical or other device or process is required to
recover or convey the information or meaning.
"recorded statement" , for chapter 62 , chapter division 3 , see section 590AD
.
"registered brand" and
"registered mark" mean respectively a brand or mark which is registered under
the authority of the laws relating to brands and each such registered brand or
registered mark shall for the purposes of this Code be deemed to be the
registered brand or registered mark respectively of the person in whose name
such brand or mark is registered.
However, where such brand or mark is registered in the names of 2 or more
persons such registered brand or registered mark shall for the purposes of
this Code be deemed to be the registered brand or registered mark respectively
of each of such persons.
"registrar" , for chapter 67 , see section 668 (1) .
"relevant charge" , for chapter 62 , chapter division 3 , see section 590AD .
"relevant offence" , for part 2 , chapter 9A , see section 77 .
"relevant proceeding" , for chapter 62 , chapter division 3 , see
section 590AD .
"religious confession" , for part 4 , chapter 22 , see section 207A .
"sensitive evidence" , for chapter 62 , chapter division 3 , see section 590AF
.
"sentence" , for chapter 67 , see section 668 (1) .
"serious disease" means a disease that would, if left untreated, be of such a
nature as to— (a) cause or be likely to cause any loss of a distinct part or
organ of the body; or
(b) cause or be likely to cause serious disfigurement;
or
(c) endanger or be likely to endanger life, or to cause or be likely to
cause permanent injury to health;
whether or not treatment is or could have
been available.
"sex characteristics" see the Anti-Discrimination Act 1991 , schedule 1 .
"sexual act" ...
"sexuality" see the Anti-Discrimination Act 1991 , schedule 1 .
"ship" includes every kind of vessel used in navigation not propelled by oars.
"someone" , for chapter 22 , see section 207A .
"spent conviction" ...
"sporting contingency" , for chapter 43 , see section 443 .
"sporting event" , for chapter 43 , see section 443 .
"stalked person" , for chapter 33A , see section 359B (a) .
"statement" , for chapter 62 , chapter division 3 , see section 590AD .
"state of undress" , for chapter 22 , see section 207A .
"stock" means any of the following animals or their young— (a) horse, asses,
mules or camels;
(b) cattle, oxen or buffalo;
(c) sheep;
(d) swine;
(e)
deer;
(f) goats.
"subsequent appeal" , for chapter 67 , see section 668 (1) .
"summary conviction" means summary conviction before a Magistrates Court.
"tainted acquittal" , for chapter 68 , see section 678E .
"telegram" and
"thing sent by telegraph" ...
"telegraph" ...
"the offender can not be arrested without warrant" see section 5 (3) .
"the offender may be arrested without warrant" see section 5 (1) .
"thing sent by post" ...
"trial" includes a proceeding wherein a person is to be sentenced.
"uncorroborated testimony" means testimony which is not corroborated in some
material particular by other evidence implicating the accused person.
"unlawful game" , for chapter 23 , see section 230A .
"unlawful stalking, intimidation, harassment or abuse" , for chapter 33A , see
sections 359B and 359D .
"utter" means and includes using or dealing with, and attempting to use or
deal with, and attempting to induce any person to use, deal with, or act upon,
the thing in question.
"vagina" includes a surgically constructed vagina, whether provided for a male
or female.
"valuable security" includes any document which is the property of any person,
and which is evidence of the ownership of any property or of the right to
recover or receive any property.
"vehicle" includes— (a) a motor vehicle, train, aircraft, or vessel; or
(b)
anything else used or to be used to carry persons or goods from place to
place.
"vessel" includes a ship, or boat, and every other kind of vessel used in
navigation.
"view" , for chapter 62 , chapter division 3 , see section 590AD .
"visually record" , for chapter 22 , see section 207A .
"vulva" includes a surgically constructed vulva, whether provided for a male
or female.
"woman" includes any female.
"writing" includes any way of representing or reproducing in a visible form
any word, inscription, signature or other mark.
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