Queensland Consolidated Acts

CRIMINAL CODE 1899 - NOTES

CRIMINAL CODE 1899
Reprinted as in force on 24 September 2009
Reprint No. 7C


Page
Date to which amendments incorporated 423
Key 424
Table of reprints 424
Tables in earlier reprints for Criminal Code Act 1899 426
List of legislation for Criminal Code Act 1899 426
List of annotations for Criminal Code Act 1899 427
Tables in earlier reprints for Criminal Code 427
List of legislation for Criminal Code 428
List of annotations for Criminal Code 441
List of forms notified or published in the gazette 504
Transitional and savings provisions for Criminal Code 505
This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 24 September 2009. Future amendments of the Criminal Code Act 1899 may be made in accordance with this reprint under the Reprints Act 1992, section 49.



Key





Explanation


Key





Explanation




AIA


=


Acts Interpretation Act 1954


(prev)


=


previously




amd


=


amended


proc


=


proclamation




amdt


=


amendment


prov


=


provision




ch


=


chapter


pt


=


part




def


=


definition


pubd


=


published




div


=


division


R[X]


=


Reprint No. [X]




exp


=


expires/expired


RA


=


Reprints Act 1992




gaz


=


gazette


reloc


=


relocated




hdg


=


heading


renum


=


renumbered




ins


=


inserted


rep


=


repealed




lap


=


lapsed


(retro)


=


retrospectively




notfd


=


notified


rv


=


revised edition




num


=


numbered


s


=


section




o in c


=


order in council


sch


=


schedule




om


=


omitted


sdiv


=


subdivision




orig


=


original


SIA


=


Statutory Instruments Act 1992




p


=


page


SIR


=


Statutory Instruments Regulation 2002




para


=


paragraph


SL


=


subordinate legislation




prec


=


preceding


sub


=


substituted




pres


=


present


unnum


=


unnumbered



prev
=
previous








Reprint No.


Amendments to


Effective


Reprint date




1


1993 Act No. 70


26 March 1994


26 March 1994




1A


1995 Act No. 58


18 December 1995


7 August 1996




1B


1995 Act No. 58


17 February 1997


14 March 1997




1C


1997 Act No. 9


1 July 1997


4 July 1997




2


1997 Act No. 38


1 August 1997


1 August 1997




2A


1997 Act No. 82


5 December 1997


9 December 1997




2B


1998 Act No. 19


26 March 1998


3 April 1998




2C


1999 Act No. 19


30 April 1999


18 June 1999




3


2000 Act No. 5


23 March 2000


31 March 2000




3A


2000 Act No. 23


1 July 2000


14 July 2000




3B


2000 Act No. 23


28 September 2000


29 September 2000




3C


2000 Act No. 46


27 October 2000


8 November 2000




3D


2000 Act No. 63


17 November 2000


1 December 2000




3E


2001 Act No. 19


6 August 2001


17 August 2001




Reprint No.


Amendments to


Effective


Reprint date




4


2001 Act No. 19


6 August 2001


7 September 2001




4A


2001 Act No. 19


28 February 2002


13 March 2002




4B


2002 Act No. 23


28 February 2002


5 June 2002




4C


2002 Act No. 23


6 June 2002


20 June 2002


















Reprint No.


Amendments included



Effective



Notes




4D


2002 Act No. 23


19 July 2002







4E rv


2002 Act No. 35


27 September 2002







4F


2002 Act No. 68


29 November 2002







4G


2002 Act No. 74


1 April 2003







4H


2003 Act No. 3


1 May 2003







4I


2003 Act No. 15


20 June 2003







4J rv


1992 Act No. 44 (amd 2002 Act No. 39)
2002 Act No. 39


1 July 2003







4K


2003 Act No. 92


3 December 2003







4L


2003 Act No. 77


8 December 2003







4M


2003 Act No. 55


5 January 2004







4N


2004 Act No. 8


6 August 2004







4O


2004 Act No. 43


3 December 2004







4P


2004 Act No. 37


1 January 2005







5 rv


2005 Act No. 9


4 April 2005


Revision notice issued for R5




5A rv


2005 Act No. 24


26 May 2005







5B rv


2005 Act No. 70


8 December 2005







5C rv


2005 Act No. 55


1 January 2006







5D rv


2006 Act No. 26
2006 Act No. 30


1 June 2006







5E rv


2005 Act No. 45


30 June 2006







5F rv


2006 Act No. 25


1 July 2006







5G rv


2006 Act No. 8


3 July 2006







5H rv


2006 Act No. 29


28 August 2006







5I rv


2006 Act No. 45


10 November 2006


R5I rv withdrawn, see R6




6


--


10 November 2006







6A


2007 Act No. 14


20 March 2007







6B


2007 Act No. 24


1 July 2007







6C


2007 Act No. 37


28 September 2007







6D


2007 Act No. 49


25 October 2007







6E


2007 Act No. 6


30 October 2007







6F


2007 Act No. 37


30 November 2007







6G


2007 Act No. 59


15 March 2008







6H


2007 Act No. 15


1 July 2008







6I


2008 Act No. 50


19 September 2008







6J


2008 Act No. 59


25 November 2008







Reprint No.


Amendments included



Effective



Notes




7


2008 Act No. 55
2008 Act No. 67


1 December 2008







7A


2009 Act No. 4


1 July 2009







7B


2009 Act No. 33


5 September 2009







7C


2009 Act No. 25


24 September 2009









Name of table


Reprint No.




Renumbered provisions


1






Name of table


Reprint No.




Changed citations and remade laws


1




Changed titles


1




Comparative legislation


1




Corrected minor errors


1, 3, 6, 7




Obsolete and redundant provisions


1




Renumbered provisions


1



See forms published gazette 4 August 2000 pp 1217-18 and notified under the Supreme Court of Queensland Act 1991. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).
Section 2 of the Criminal Code Amendment Act of 1922 provides--
The sentence of punishment by death shall no longer be pronounced or recorded, and the punishment of death shall no longer be inflicted.
Section 3 of the Criminal Code Amendment Act 1968 provides--
This Act does not apply in respect of compensation for injury suffered before the commencement of this Act.
Sections 9-10 of the Criminal Code and the Offenders Probation and Parole Act Amendment Act 1971 provides--
A reference in any Act (other than this Act), or in any instrument made under any such Act, to--
(a) "wilful murder";
(b) "wilful murder or murder";
(c) "wilful murder and murder";
(d) "wilful murder, murder",
shall, unless the context is such that it would be inappropriate or the contrary intention appears, be read as a reference to "murder" and the Act or instrument shall have effect accordingly.
(1) Where a person is charged on indictment with an offence against section 301 of The Criminal Code before the commencement of this Act and the trial on the indictment is continued after that commencement, the trial shall be continued, and punishment shall be imposed and enforced upon a conviction in the proceedings, as if this Act had not been passed.
(2) Where before the commencement of this Act a person has committed an offence against section 301 of The Criminal Code in respect of which he has not been charged on indictment before that commencement, he may be charged under section 302 of 
The Criminal Code
 as amended by this part of this Act in respect of the act or omission constituting the offence as if at the time of doing the act or making the omission constituting the offence as if at the time of doing the act or making the omission the said section 302 as so amended had been of force and effect.
Section 19 of the Justices Act and the Criminal Code Amendment Act 1977 provides--
Where, in the form in which a section inserted by way of amendment in 
The Criminal Code
 was enacted, there appears a note in and at the beginning of the section it shall be deemed that such note is and was enacted as a heading appearing immediately above the section in and at the beginning of which it appears.
Section 3 of the Regulatory Offences Act 1985 provides--
Subject to the provisions of section 10, nothing in this Act shall be construed to alter the provisions of The Criminal Code.
Section 16 the Criminal Code and Another Act Amendment Act 1990 provides--
(1) Subject to subsection (2), a person who before the commencement of this Act commits--
(a) an offence defined in sections 208 (1) or (3) of 
The Criminal Code
 as it exists immediately before the commencement; or
(b) an offence defined in section 209 or 535 of 
The Criminal Code
 constituted by an attempt to commit an offence defined in paragraph (a);
cannot thereafter be convicted of the offence unless it is committed in respect of a person not an adult within the meaning of 
The Criminal Code
(3) A person who, before the commencement of this Act commits an offence defined in section 211 of 
The Criminal Code
 as it existed immediately before the commencement, cannot thereafter be convicted of the offence.
(4) A provision of this section stating that a person cannot be convicted after the commencement of this Act of an offence defined in a specified section of 
The Criminal Code
 committed before the commencement does not have the effect that such a person cannot be charged convicted and punished for an offence defined in some other section of 
The Criminal Code
 where the circumstances in question constitute an offence defined in that other section.