Part 16 Miscellaneous enactments
574 Prosecutions for blasphemy
No person shall be liable to prosecution in respect of any publication by him or her orally, or otherwise, of words or matter charged as blasphemous, where the same is by way of argument, or statement, and not for the purpose of scoffing or reviling, nor of violating public decency, nor in any manner tending to a breach of the peace.
It shall be lawful for a person to use such force as may reasonably be necessary to prevent the suicide of another person or any act which the person believes on reasonable grounds would, if committed, result in that suicide.
578A Prohibition of publication identifying victims of certain sexual offences
(1) In this section:complainant has the same meaning as in Division 1 of Part 5 of Chapter 6 of the Criminal Procedure Act 1986.
matter includes a picture.
prescribed sexual offence has the same meaning as in the Criminal Procedure Act 1986.
publish includes:
(a) broadcast by radio or television, or(b) disseminate by any other electronic means such as the internet.(2) A person shall not publish any matter which identifies the complainant in prescribed sexual offence proceedings or any matter which is likely to lead to the identification of the complainant.Penalty: In the case of an individual—50 penalty units or imprisonment for 6 months, or both; in the case of a corporation—500 penalty units.
(3) This section applies even though the prescribed sexual offence proceedings have been finally disposed of.(4) This section does not apply to:(a) a publication authorised by the Judge or Justice presiding in the proceedings concerned,(b) a publication made with the consent of the complainant (being a complainant who is of or over the age of 14 years at the time of publication),(c) a publication authorised by the court concerned under section 11 of the Children (Criminal Proceedings) Act 1987 in respect of a complainant who is under the age of 16 years at the time of publication,(d) an official law report of the prescribed sexual offence proceedings or any official publication in the course of, and for the purposes of, those proceedings,(e) the supply of transcripts of the prescribed sexual offence proceedings to persons with a genuine interest in those proceedings or for genuine research purposes, or(f) a publication made after the complainant’s death.(5) A Judge or Justice shall not authorise a publication under subsection (4) (a) unless the Judge or Justice:(a) has sought and considered any views of the complainant, and(b) is satisfied that the publication is in the public interest.(6) The prohibition contained in this section applies in addition to any other prohibition or restriction imposed by law on the publication of any matter relating to prescribed sexual offence proceedings.(7) Proceedings for an offence against this section shall be dealt with summarily before:(a) the Local Court, or(b) the Supreme Court in its summary jurisdiction.(8) If proceedings for an offence against this Act are brought before the Local Court, the maximum penalty that the Local Court may impose on a corporation is 50 penalty units.
578C Publishing indecent articles
(1) In this section:article includes any thing:
(a) that contains or embodies matter to be read or looked at, or(b) that is to be looked at, or(c) that is a record, or(d) that can be used, either alone or as one of a set, for the production or manufacture of any thing referred to in paragraphs (a), (b) or (c),but it does not include:(e) any film that is classified (other than as RC or X 18+) under the Commonwealth Act, or(f) any publication that is classified Unrestricted, Category 1 restricted or Category 2 restricted under the Commonwealth Act, or(g) any computer game that is classified (other than as RC) under the Commonwealth Act, or(h) any film, publication or computer game that is the subject of an exemption under Division 3 of Part 6 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995.Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.
computer game, film and publication each have the same meanings, respectively, as in the Commonwealth Act.
publish includes:
(a) distribute, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell, offer for sale, let on hire or offer to let on hire, or(b) have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a), or(c) print, photograph or make in any other manner (whether of the same or of a different kind or nature) for the purpose of doing such an act.record means a gramophone record or a wire or tape, or a film, and any other thing of the same or of a different kind or nature, on which is recorded a sound or picture and from which, with the aid of a suitable apparatus, the sound or picture can be produced (whether or not it is in a distorted or altered form).
(2) A person who publishes an indecent article is guilty of an offence.Maximum penalty: in the case of an individual—100 penalty units or imprisonment for 12 months (or both), and in the case of a corporation—200 penalty units.
(2A)–(2C) (Repealed)(3) Nothing in this section makes it an offence for:(a) a person to publish an indecent article for the purposes of an application for classification under the Commonwealth Act,(b) for any member or officer of a law enforcement agency (within the meaning of the Criminal Records Act 1991) to publish an indecent article in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under any Act or law.(3A) A person cannot be convicted of an offence against this section and section 91H in respect of the same matter.(4) For the purposes of this section, an article may be indecent even though part of it is not indecent.(5) Proceedings for an offence under subsection (2) are to be dealt with summarily before the Local Court.(5A) (Repealed)(6) In any proceedings for an offence under this section in which indecency is in issue, the opinion of an expert as to whether or not an article has any merit in the field of literature, art, medicine or science (and if so, the nature and extent of that merit) is admissible as evidence.(7) If a corporation contravenes, whether by act or omission, another provision of this section, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the provision if the person knowingly authorised or permitted the contravention.(8) A person may be proceeded against and convicted under a provision pursuant to subsection (7) whether or not the corporation has been proceeded against or been convicted under that provision.(9) Nothing in subsection (7) or (8) affects any liability imposed on a corporation for an offence committed by the corporation under a provision of this section.
578E Offences relating to advertising or displaying products associated with sexual behaviour
(1) This section applies to products (such as articles, compounds, preparations or devices, but not printed matter) that are primarily concerned with, or intended to be used in connection with, sexual behaviour.(2) Any person who carries on, or who is engaged in, the business of selling or disposing of products to which this section applies must not:(a) advertise, or cause another person to advertise, in any manner the nature of that business, or(b) exhibit or display any such products:(i) to a person who has not consented to or requested the exhibition or display, or(ii) in a manner so that they can be seen from outside the premises of the business by members of the public.Maximum penalty: in the case of an individual—100 penalty units or imprisonment for 12 months (or both), and in the case of a corporation—200 penalty units.
(3) Nothing in this section makes it an offence for a person who carries on (or who is engaged in) the business of selling or disposing of products to which this section applies to advertise the nature of that business to a person who carries on (or who is engaged in) a business or profession that ordinarily involves selling or disposing of, or advising on or prescribing the use of, such products.(4) This section does not apply:(a) to any person who carries on (or who is engaged in) a business that sells or disposes of contraceptive devices or compounds (but not any other type of product to which this section applies), or(b) to such persons, or classes of persons, as the Minister may, by notice published in the Gazette, specify for the purposes of this section.(5) A person can rely on the exemption provided by subsection (4) (a) only if the contraceptive devices or compounds are not displayed or exhibited to public view in any window or entrance to the premises of the business.(6) Proceedings for an offence under this section are to be dealt with summarily before the Local Court.
579 Evidence of proceedings dealt with by way of recognizance after 15 years
(1) Where, following the conviction of any person for an offence or a finding that a charge of an offence has been proved against any person, whether the conviction or finding was before or after the commencement of the Crimes (Amendment) Act 1961:(a) sentence in respect of the conviction was suspended or deferred upon the person entering into a recognizance or, in substitution for sentence in respect of the conviction, the person was required to enter into a recognizance, or no conviction in respect of the finding was made and the person was discharged conditionally on his or her entering into a recognizance, and(b) a period of fifteen years has elapsed since the recognizance was entered into:the conviction or finding shall, where that period expired before the commencement of the Crimes (Amendment) Act 1961, as on and from that commencement, or, where that period expires or has expired after that commencement, as on and from the expiration of that period:(i) without the recognizance having been forfeited during that period or a court having found during that period that the person failed to observe any condition of the recognizance, and(ii) without the person having, during that period, been convicted of an indictable offence on indictment or otherwise or of any other offence punishable by imprisonment or without a finding during that period that a charge of such an indictable or other offence has been proved against the person,(c) be disregarded for all purposes whatsoever, and(d) without prejudice to the generality of paragraph (c), be inadmissible in any criminal, civil or other legal proceedings as being no longer of any legal force or effect.Without prejudice to the generality of the foregoing provisions of this section, any question asked of or concerning that person in or in relation to any criminal, civil or other legal proceedings otherwise than by his or her Australian legal practitioner, his or her agent or other person acting on his or her behalf may be answered as if the conviction or finding had never taken place or the recognizance had never been entered into.
(2) Notwithstanding the provisions of subsection (1), where in any criminal, civil or other legal proceedings the person first referred to in that subsection, by himself or herself, his or her Australian legal practitioner, his or her agent or other person acting on his or her behalf, otherwise than in answer to a question that can, in accordance with the last paragraph of that subsection, be answered in the negative, makes an assertion that denies the fact that the conviction or finding took place or that the recognizance was entered into, then the conviction, finding or recognizance is admissible:(a) in those proceedings, as to the character, credit or reputation of the person so referred to,(b) in any prosecution for perjury or false swearing founded on the assertion.The non-disclosure of the conviction, finding or recognizance in the making or giving of a statement or evidence as to the good character, credit or reputation of the person so referred to shall not of itself be taken, for the purposes of this subsection, to mean that the statement or evidence contains such an assertion.
(3) In this section legal proceedings includes any application for a licence, registration, authority, permit or the like under any statute.(4) This section does not affect the operation of section 529 (10), or the operation of section 178 (Convictions, acquittals and other judicial proceedings) of the Evidence Act 1995, for the purposes of section 529 (10).
580 Certain charges not to be brought at common law
A person may not be charged with any common law offence in respect of any act committed upon or in relation to another person, being an act which could, but for the amendment of sections 79 and 80 and the repeal of sections 81, 81A and 81B by the Crimes (Amendment) Act 1984, have been the subject of a charge for an offence under any of those sections.
580A Abolition of offence of being a common nightwalker
(1) The common law offence of being a common nightwalker is abolished.(2) This section does not apply to an offence committed before the date of assent to the Crimes (Common Nightwalkers) Amendment Act 1993.
580B Abolition of offences of eavesdropping and being a common scold
The common law offences of eavesdropping and being a common scold are abolished.
580C Abolition of common law offences relating to brothels
(1) The common law offence of keeping a common bawdy house or brothel is abolished.(2) A person cannot be convicted after the commencement of this section of an offence referred to in subsection (1) whether committed before or after that commencement.(3) A person cannot be convicted after the commencement of this section of the common law offence of keeping a common, ill-governed and disorderly house, whether committed before or after that commencement, solely because:(a) the relevant premises were used for the purposes of prostitution, or(b) the person had control of or managed, or took part or assisted in the control or management of, premises used for the purposes of prostitution.
580D Abolition of rule that husband and wife cannot be guilty of conspiracy
Any common law rule that a husband and wife cannot be found guilty of conspiracy together is abolished.
580E Abolition of distinction between felony and misdemeanour
(1) All distinctions between felony and misdemeanour are abolished.(2) In all matters in which a distinction has previously been made between felony and misdemeanour, the law and practice in regard to indictable offences is to be the law and practice applicable, immediately before the commencement of this section, to misdemeanours.(3) Any proceedings for an offence that were commenced before the commencement of this section (being proceedings for an offence that was previously a felony or misdemeanour) are to continue to be dealt with, and to be disposed of, as if the Crimes Legislation Amendment (Sentencing) Act 1999 had not been enacted.(4) Subject to the regulations, in any Act or instrument:(a) a reference to a felony is taken to be a reference to a serious indictable offence, and(b) a reference to a misdemeanour is taken to be a reference to a minor indictable offence.(5) This section does not affect the operation of any Act or instrument that restricts the commencement of proceedings against any person in respect of any offence.
580F Abolition of penal servitude
(1) The punishment of penal servitude is abolished.(2) Any sentence of penal servitude that was in force, immediately before the commencement of this section, is to be taken to be a sentence of imprisonment and is to continue in force as such for the remainder of the term for which the sentence of penal servitude would, but for this section, have continued in force.(3) Subject to the regulations, in any Act or instrument, a reference to penal servitude is taken to be a reference to imprisonment.
580G Abolition of imprisonment with light or hard labour
(1) The punishments of imprisonment with light labour and imprisonment with hard labour are abolished.(2) Any sentence of imprisonment with light labour or imprisonment with hard labour that was in force, immediately before the commencement of this section, is to be taken to be a sentence of imprisonment only and is to continue to have effect as such for the remainder of the term for which the sentence of imprisonment with light labour or imprisonment with hard labour would, but for this section, have had effect.
580H Abolition of common law offences and rules
Schedule 3 has effect.
581 Savings and transitional provisions
Schedule 11 has effect.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.