• Specific Year
    Any

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

  • 19 Unlawful threats

Division 5--Stalking

  • 19AA Unlawful 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

  • 83 Concealment of birth

PART 3A--Offences relating to public order

  • 83A Interpretation
  • 83B Riot
  • 83C Affray
  • 83CA Information for terrorist acts

PART 3B--Offences relating to criminal organisations

Division 1--Participation in criminal organisation

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

  • 139 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

  • 145 Interpretation

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

  • 151 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

  • 173 Interpretation
  • 174 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

  • 257 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

  • 267 Aiding and abetting

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

Navigate