CRIMINAL CODE 1899 - As at 1 February 2024 - Act 9 of 1899
- As at 1 February 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
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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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CHAPTER 6 - (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 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
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
- 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 - PROSTITUTION
- 229C Definitions for ch 22A
- 229D sexual intercourse
- 229E prostitution
- 229F carry on a business
- 229FA Obtaining prostitution from person who is not an adult
- 229G Procuring engagement in prostitution
- 229H Knowingly participating in provision of prostitution
- 229HA section 229H
- 229HB Carrying on business of providing unlawful prostitution
- 229HC Persons engaging in or obtaining prostitution through unlawful prostitution business
- 229I Persons found in places reasonably suspected of being used for prostitution etc.
- 229J Certificate of discharge for particular offences
- 229K Having an interest in premises used for prostitution etc.
- 229L Permitting young person etc. to be at place used for prostitution
- 229M Evidence that business of prostitution is being carried on
- 229N Evidence that place is being used for prostitution
- 229O Non-compellability of health service providers
229P. (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. (Repealed)
- 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 Computer hacking and misuse
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
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 - APPEAL—PARDON
- 668 Definitions
- 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
- 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 permitted in writing
- 671F Costs of appeal
- 671G Grant of bail to appellant and custody when attending Court
- 671H Duties of registrar
- 671J Documents, exhibits etc.
- 671K Recording of trial proceedings
- 671L Powers exercisable by a judge
- 672 Appeals from the decisions of the Court
- 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
- 678A ch 68
- 678B Court may order retrial for murder—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
- 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
CHAPTER 84 - PART 8
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
- 735 References to particular offences
- 739 Application of amendment Act
- 740 Protected counselling communications
CHAPTER 100 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (NON-CONSENSUAL SHARING OF INTIMATE IMAGES) AMENDMENT ACT 2019
- 742 Application of s 229AA
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
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
- 755 Existing relevant proceedings
- 756 Offences charged before or after the commencement
- 757 Conviction for domestic violence offence before commencement
- 758 Proceedings for charge for offence against former s 408A(1B)
- 759 Application of particular provisions to charge for offence against former s 408A(1B)
(Repealed)
(Repealed)
(Repealed)
