CRIMINAL LAW CONSOLIDATION ACT 1935
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 5 Interpretation
- 5AA Aggravated offences
- 5A Abolition of capital punishment
- 5B Proof of lawful authority or lawful or reasonable excuse
- 5D Abolition of historical classifications
PART 1A--Territorial application of the criminal law
- 5E Interpretation
- 5F Application
- 5G Territorial requirements for commission of offence against a law of this State
- 5H Procedural provisions
- 5I Double criminality
PART 2--Treason
- 6 Repeal
- 7 Treason
- 8 Time within which prosecution shall be commenced and warrant issued
- 9 In informations more than one overt act may be charged
- 10 Nothing herein to affect 25 Edward III Stat. 5, c. 2
- 10A Penalty for treason
PART 3--Offences against the person etc
Division 1--Homicide
- 11 Murder
- 12 Conspiring or soliciting to commit murder
- 12A Causing death by an intentional act of violence
- 13 Manslaughter
- 13A Criminal liability in relation to suicide
Division 1A--Criminal neglect etc
- 13B Interpretation
- 14 Criminal neglect
- 14A Failing to provide food etc in certain circumstances
Division 2--Defences
- 14B Abolition of certain common law defences
- 15 Self defence
- 15A Defence of property etc
- 15B Reasonableness etc where offence committed in circumstances of family violence
- 15C Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion
- 15D Duress
- 15E Sudden or extraordinary emergency
- 15F Review of Division
Division 3--Miscellaneous
- 16 Petit treason
- 18 Abolition of year-and-a-day rule
Division 4--Unlawful threats
Division 5--Stalking
Division 6--Serious vehicle and vessel offences
- 19AAB Interpretation
- 19A Causing death or harm by dangerous use of vehicle or vessel
- 19AB Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel
- 19ABA Causing death or serious harm by careless use of vehicle or vessel
- 19AC Dangerous driving to escape police pursuit etc
- 19AD Street racing
- 19ADA Extreme speed
- 19AE Commissioner of Police to impose immediate licence disqualification or suspension following certain charges
- 19AF Power of police to impose immediate licence disqualification or suspension for certain offences
- 19B Alternative verdicts
Division 7--Assault
- 20 Assault
- 20AA Causing harm to, or assaulting, certain emergency workers etc
- 20AB Further offence involving use of human biological material
- 20AC Alternative verdicts
Division 7AA--Choking etc in a domestic setting
- 20A Choking, suffocation or strangulation in a domestic setting
Division 7A--Causing physical or mental harm
- 21 Interpretation
- 22 Conduct falling outside the ambit of this Division
- 23 Causing serious harm
- 24 Causing harm
- 25 Alternative verdicts
- 29 Acts endangering life or creating risk of serious harm
- 29A Shooting at police officers
- 31 Possession of object with intent to kill or cause harm
Division 7AB--Special firearm offences
Division 7B--Throwing objects at vehicles
Division 7C--Food and beverage spiking
- 32C Spiking of food or beverages
Division 8--Female genital mutilation
- 33 Definitions
- 33A Prohibition of female genital mutilation
- 33B Removal of child from State for genital mutilation
Division 8A--Child marriage
- 34 Interpretation and application of Division
- 34A Bringing child into State for marriage
- 34B Removing child from State for marriage
- 34C Consent no defence
Division 9--Kidnapping and unlawful child removal
- 38 Interpretation
- 39 Kidnapping
- 40 Unlawful removal of child from jurisdiction
Division 11--Rape and other sexual offences
- 46 Consent to sexual activity
- 47 Reckless indifference
- 48 Rape
- 48A Compelled sexual manipulation
- 49 Unlawful sexual intercourse
- 50 Sexual abuse of a child
- 51 Sexual exploitation of person with a cognitive impairment
- 56 Indecent assault
- 57 Consent no defence in certain cases
- 57A Power to take plea without evidence
- 58 Acts of gross indecency
- 59 Abduction of male or female person
- 60 Procuring sexual intercourse
- 61 Householder etc not to permit unlawful sexual intercourse on premises
Division 11A--Child exploitation material and related offences
- 62 Interpretation
- 63 Production or dissemination of child exploitation material
- 63AA Production or dissemination of child-like sex dolls
- 63A Possession of child exploitation material
- 63AAB Possession of child-like sex dolls
- 63AB Offences relating to websites
- 63B Procuring child to commit indecent act etc
- 63C Material to which Division relates
- 63D Forfeiture
Division 11B--Institutional and out of home care child sexual abuse
- 64 Interpretation
- 64A Failure to report suspected child sexual abuse
- 65 Failure to protect child from sexual abuse
Division 12--Sexual servitude and related offences
- 65A Definitions
- 66 Sexual servitude and related offences
- 67 Deceptive recruiting for commercial sexual acts
- 68 Use of children in commercial sexual acts
Division 13--Miscellaneous sexual offences
Division 14--Procedure in sexual offences
- 72A Former time limit abolished
- 73 Proof of certain matters
- 75 Alternative verdict on charge of rape etc
- 76 Corroborative evidence in certain cases
Division 15--Bigamy
- 78 Bigamy
- 79 Defences in cases of bigamy
Division 16--Abduction of children
- 80 Abduction of child under 16 years
Division 18--Concealment of birth
PART 3A--Offences relating to public order
- 83A Interpretation
- 83B Riot
- 83C Affray
- 83CA Information for terrorist acts
Division 2--Public places, prescribed places and prescribed events
PART 3C--Protection for working animals
- 83H Interpretation
- 83I Causing death or serious harm etc to working animals
- 83J Court may order compensation and other costs
- 83K Enforcement of order for compensation etc
- 83L Evidentiary
PART 3D--Explosives offences
- 83M Interpretation
- 83N Explosive devices
- 83O Explosive substances, prescribed equipment or instructions
- 83P Bomb hoaxes
PART 4--Offences with respect to property
PART 4A--Computer offences
- 86B Interpretation
- 86C Meaning of unauthorised access to or modification of computer data
- 86D Meaning of unauthorised impairment of electronic communication
- 86E Use of computer with intention to commit, or facilitate the commission of, an offence
- 86F Use of computer to commit, or facilitate the commission of, an offence outside the State
- 86G Unauthorised modification of computer data
- 86H Unauthorised impairment of electronic communication
- 86I Possession of computer viruses etc with intent to commit serious computer offence
PART 5--Offences of dishonesty
Division 1--Preliminary
- 130 Interpretation
- 131 Dishonesty
- 132 Consent of owner
- 133 Operation of this Part
Division 2--Theft
- 134 Theft (and receiving)
- 135 Special provision with regard to land and fixtures
- 136 General deficiency
Division 3--Robbery
Division 4--Money laundering and dealing in instruments of crime
- 138 Money laundering
- 138A Dealing in instruments of crime
Division 5--Deception
Division 5A--Dishonest communication with children
- 139A Dishonest communication with children
Division 6--Dishonest dealings with documents
- 140 Dishonest dealings with documents
Division 7--Dishonest manipulation of machines
- 141 Dishonest manipulation of machines
Division 8--Dishonest exploitation of advantage
- 142 Dishonest exploitation of position of advantage
Division 9--Miscellaneous offences of dishonesty
- 143 Dishonest interference with merchandise
- 144 Making off without payment
PART 5A--Identity theft
- 144A Interpretation
- 144B False identity etc
- 144C Misuse of personal identification information
- 144D Prohibited material
- 144E Attempt offence excluded
- 144F Application of Part
PART 5B--Cheating at gambling
- 144G Interpretation
- 144H Engaging in conduct that corrupts betting outcome of event
- 144I Facilitating conduct that corrupts betting outcome of event
- 144J Concealing conduct or agreement
- 144K Use of corrupt conduct information or inside information for betting purposes
PART 6--Secret commissions
Division 1--Preliminary
Division 2--Unlawful bias in commercial relationships
- 146 Fiduciaries
- 147 Exercise of fiduciary functions
- 148 Unlawful bias
- 149 Offence for fiduciary to exercise unlawful bias
- 150 Bribery
Division 3--Exclusion of defence
PART 6A--Serious criminal trespass
- 167 Sacrilege
- 168 Serious criminal trespass
- 169 Serious criminal trespass--non-residential buildings
- 170 Serious criminal trespass--places of residence
- 170A Criminal trespass--places of residence
PART 6B--Blackmail
- 171 Interpretation
- 172 Blackmail
PART 6C--Piracy
PART 6D--Offences relating to human remains
- 175 Interpretation
- 176 Application of Part
- 177 Offence to destroy etc human remains to pervert course of justice
- 178 Offence to defile etc human remains
- 179 Offence to fail to report find of or conceal human remains
- 180 Alternative verdicts
PART 7--Offences of a public nature
Division 1--Preliminary
- 237 Definitions
- 238 Acting improperly
- 239 General attempt offence excluded
- 240 Parliamentary privilege not affected
Division 2--Impeding investigation of offences or assisting offenders
- 241 Impeding investigation of offences or assisting offenders
Division 2A--Offences relating to providing false or misleading information to a court
- 241A False or misleading information entered into electronic court management system
Division 3--Offences relating to judicial proceedings
- 242 Perjury and subornation
- 243 Fabricating, altering or concealing evidence
- 244 Offences relating to witnesses
- 245 Offences relating to jurors
- 246 Confidentiality of jury deliberations and identities
- 247 Harassment to obtain information about jury's deliberations
- 248 Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings
Division 4--Offences relating to public officers
- 249 Bribery or corruption of public officers
- 250 Threats or reprisals against public officers
- 251 Abuse of public office
- 252 Demanding or requiring benefit on basis of public office
- 253 Offences relating to appointment to public office
Division 5--Escape, rescue and harbouring of persons subject to detention
- 254 Escape or removal from lawful custody
- 255 Harbouring or employing escapee etc
Division 6--Attempt to obstruct or pervert course of justice or due administration of law
- 256 Attempt to obstruct or pervert course of justice or due administration of law
Division 7--Criminal defamation
Division 8--Offences limited in relation to industrial disputes and restraint of trade
- 258 Offences limited in relation to industrial disputes and restraint of trade
PART 7A--Goods contamination and comparable offences
- 259 Interpretation
- 260 Unlawful acts of goods contamination or other acts prejudicing the health or safety of the public
- 261 Goods contamination unrelated to issues of public health and safety
PART 7B--Accessories
PART 7C--Derivative liability for certain offences
- 267AA Offence where unlawfully supplied firearm used in subsequent offence
PART 8--Intoxication
- 267A Definitions
- 268 Mental element of offence to be presumed in certain cases
- 269 Question of intoxication must be specifically raised
PART 8A--Mental impairment
Division 1--Preliminary
- 269A Interpretation
- 269B Distribution of judicial functions between judge and jury
- 269BA Charges on which alternative verdicts are possible
Division 2--Mental competence to commit offences
- 269C Mental competence
- 269D Presumption of mental competence
- 269E Reservation of question of mental competence
- 269F What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence
- 269G What happens if trial judge decides to proceed first with trial of objective elements of offence
Division 3--Mental unfitness to stand trial
- 269H Mental unfitness to stand trial
- 269I Presumption of mental fitness to stand trial
- 269J Order for investigation of mental fitness to stand trial
- 269K Preliminary prognosis of defendant's condition
- 269L Trial judge's discretion about course of trial
- 269M What happens if trial judge decides to proceed first with trial of defendant's mental fitness to stand trial
- 269N What happens if trial judge decides to proceed first with trial of objective elements of offence
Division 3A--Disposition of persons with mental impairment charged with summary and minor indictable offences
Subdivision 1--Principle on which court is to act
- 269NA Principle on which court is to act
Subdivision 2--Making, variation and revocation of Division 3A orders
- 269NB Division 3A orders
- 269NC Court may direct defendant to surrender firearm etc
- 269ND Variation or revocation of condition of Division 3A order
- 269NDA Revision of Division 3A orders
Subdivision 3--Administrative detention for defendant released on licence under this Division
- 269NE Administrative detention for defendant released on licence under this Division
- 269NF Powers of police officers relating to persons in respect of whom an administrative detention order has been issued
Subdivision 4--Custody, supervision and care
- 269NG Custody, supervision and care
Subdivision 5--Effect of supervening imprisonment on Division 3A order
- 269NH Effect of supervening imprisonment on Division 3A order
Division 4--Disposition of persons declared to be liable to supervision under this Division
Subdivision 1--Principle on which court is to act
- 269NI Principle on which court is to act
Subdivision 2--Making, variation and revocation of supervision orders
- 269O Supervision orders
- 269OA Court may direct defendant to surrender firearm etc
- 269P Variation or revocation of supervision order
- 269Q Report on mental condition of defendant
- 269R Reports and statements to be provided to court
- 269T Matters to which court is to have regard
- 269U Revision of supervision orders
Subdivision 3--Continuing supervision orders
- 269UA Application for continuing supervision
- 269UB Continuing supervision orders
- 269UC Variation or revocation of continuing supervision order
- 269UD Appeal
Subdivision 4--Administrative detention for defendant released on licence under this Division
- 269UE Administrative detention for defendant released on licence under this Division
- 269UF Powers of police officers relating to persons in respect of whom an administrative detention order has been issued
Subdivision 5--Custody, supervision and care
- 269V Custody, supervision and care
Subdivision 6--Effect of supervening imprisonment on an order under Division 4
- 269VA Effect of supervening imprisonment
Division 4A--Interstate transfer of persons subject to supervision order
- 269VB Interpretation
- 269VC Informed consent
- 269VD Transfer of persons from South Australia to another participating jurisdiction
- 269VE Transfer of persons from participating jurisdiction to South Australia
Division 5--Miscellaneous
- 269W Counsel to have independent discretion
- 269WA Power to order examination etc in pre-trial proceedings
- 269X Power of court to deal with defendant before proceedings completed
- 269Y Appeals
- 269Z Counselling of next of kin and victims
- 269ZA Exclusion of evidence
- 269ZB Arrest of person who escapes from detention etc
PART 9--Miscellaneous and procedure
Division 1--Punishment for certain common law offences
- 270 Punishment for certain offences
Division 2--Attempts
Division 3--Assaults with intent
- 270B Assaults with intent
Division 4--Preparatory conduct
- 270C Going equipped for commission of offence of dishonesty or offence against property
- 270D Going equipped for commission of offence against the person
Division 5--Apprehension of offenders
- 271 General power of arrest
- 273 Judge's warrant for arrest of person charged
Division 14--Provision as to persons convicted of offence
- 329 Provision as to persons convicted of an offence
PART 12--Regulations