Part 1 Preliminary and interpretation
Short title and division into Parts
1 Name of Act and contents of Act
2 Repeals and savings
Application of certain sections and Parts
3 Application of certain Parts of Act
Territorial application of the criminal law of the State
3A Territorial application of the criminal law of the State
4 Definitions
5 Maliciously
6 Month
7 “Possession” when criminal
8 “Public place” etc
9 What offences felonies
10 What offences misdemeanours
Part 2 Offences against the Sovereign
11 Provisions of 36 Geo III, c 7 , and 57 Geo III, c 6 , repealed except as to offences against the person of the Sovereign
12 Compassing etc deposition of the Sovereign—overawing Parliament etc
13 Time within which prosecution shall be commenced and warrant issued
14 In informations more than one overt act may be charged
15 Information for such felonies valid though the facts may amount to treason
16 Nothing herein to affect 25 Ed III, c 2
16A Procedure in cases of treason
Part 3 Offences against the person
17 (Repealed)
17A Date of death
18 Murder and manslaughter defined
19 (Repealed)
19A Punishment for murder
20 Child murder—when child deemed born alive
21 Child murder by mother—verdict of contributing to death etc
22 Trial for child murder—verdict of concealment of birth
22A Infanticide
23 Trial for murder—provocation
23A Diminished responsibility
24 Manslaughter—punishment
25 (Repealed)
26 Conspiring to commit murder
27 Acts done to the person with intent to murder
28 Acts done to property with intent to murder
29 Certain other attempts to murder
30 Attempts to murder by other means
31 Letters threatening to murder
31A Suicide and attempt to commit suicide
31B Survivor of suicide pact
31C Aiding etc suicide
Acts causing danger to life or bodily harm
32 Impeding endeavours to escape shipwreck
32A–32C (Repealed)
33 Wounding etc with intent to do bodily harm or resist arrest
33A Discharging loaded arms with intent
33B Use or possession of weapon to resist arrest etc
34 Feloniously wounding—verdict of minor offence
35 Malicious wounding or infliction of grievous bodily harm
35A Maliciously cause dog to inflict grievous bodily harm or actual bodily harm
36 Causing a grievous bodily disease
37 Attempts to choke etc (garrotting)
38 Using chloroform etc to commit an offence
39 Using poison etc so as to endanger life
40 On trial for poisoning—verdict of minor offence
41 Administering poison etc with intent to injure or annoy
41A Poisoning etc of water supply
42 Injuries to child at time of birth
43 Exposing or abandoning child under two
44 Not providing wife, child or servant with food etc
45 (Repealed)
46 Causing bodily injury by gunpowder etc
47 Using etc explosive substance or corrosive fluid etc
48 Placing gunpowder near a building etc
49 Setting trap etc
50–52 (Repealed)
52A Culpable driving
52B Culpable navigation
53 Injuries by furious driving etc
54 Causing grievous bodily harm
Possessing or making explosives, &c, with intent to injure the person
55 Possessing etc gunpowder etc with intent to injure the person
Assaults upon clergymen, officers, and others
56 Obstructing clergyman in discharge of his duties
57 Assault on persons preserving wreck
58 Assault with intent to commit felony on certain officers
59 Assault occasioning actual bodily harm
60 Assault by husband on wife
61 Common assault prosecuted by indictment
Offences in the nature of rape, offences relating to other acts of sexual assault, &c
61A–61G (Repealed)
61H Definition of sexual intercourse etc
61I Sexual assault
61J Aggravated sexual assault
61K Assault with intent to have sexual intercourse
61L Indecent assault
61M Aggravated indecent assault
61N Act of indecency
61O Aggravated act of indecency
61P Attempt to commit offence under sections 61I–61O
61Q Alternative verdicts
61R Consent
61S Offenders who are minors
61T Offender married to victim
61U Circumstances of certain sexual offences to be considered in passing sentence
62 Carnal knowledge—proof
63 Common law offences of rape and attempted rape abolished
64 Trial for rape—verdict of carnal knowledge
65 (Repealed)
65A Sexual intercourse procured by intimidation, coercion and other non-violent threats
66 Procuring etc carnal knowledge by fraud
66A Sexual intercourse—child under 10
66B Attempting, or assaulting with intent, to have sexual intercourse with child under 10
66C Sexual intercourse—child between 10 and 16
66D Attempting, or assaulting with intent, to have sexual intercourse with child between 10 and 16
66E Alternative verdicts
66F Sexual intercourse—intellectual disability
67, 68 (Repealed)
69 Trial for carnal knowledge—girl in fact over 10
70 Trial for carnal knowledge—verdict of assault with intent
71–72A (Repealed)
73 Carnal knowledge by teacher etc
74 Attempts
75 Alternative charge
76, 76A (Repealed)
77 Consent no defence in certain cases
77A Proceedings in camera in certain cases
78 (Repealed)
78A Incest
78B Incest attempts
78C Defences
78D Removal from guardianship etc
78E Rape or attempt—verdict of incest or attempt
78F Sanction of Attorney-General
78G Definition of “homosexual intercourse” for sections 78H–78Q
78H Homosexual intercourse with male under 10
78I Attempt, or assault with intent, to have homosexual intercourse with male under 10
78J Trial for homosexual intercourse offence—male in fact between 10 and 18
78K Homosexual intercourse with male between 10 and 18
78L Attempt, or assault with intent, to have homosexual intercourse with male between 10 and 18
78M (Repealed)
78N Homosexual intercourse by teacher etc
78O Attempt, or assault with intent, to have homosexual intercourse with pupil etc
78P Alternative charge
78Q Acts of gross indecency
78R Consent no defence in certain cases
78S (Repealed)
78T Limitations
79 Bestiality
80 Attempt to commit bestiality
80A Sexual assault by forced self-manipulation
81–81B (Repealed)
Misconduct with regard to corpses
81C Misconduct with regard to corpses
82 Administering drugs etc to herself by woman with child
83 Administering drugs etc to woman with intent
84 Procuring drugs etc
85 Concealment of birth
86 Abduction of woman against her will
87 The like against the will of parent etc
88 In such cases property of woman to remain hers
89 Forcible abduction of a woman
90 Abduction of girl under 16
90A Kidnapping
91 Taking child with intent to steal etc
91A Procuring etc
91B Procuring person by drugs etc
Child prostitution and pornography
91C Definitions of “act of child prostitution”, “child”
91D Promoting or engaging in acts of child prostitution
91E Obtaining benefit from child prostitution
91F Premises not to be used for child prostitution
91G Children not to be employed for pornographic purposes
92 Bigamy
93 Participator in bigamy
Part 3A Offences relating to public order
93A Definition
93B Riot
93C Affray
93D Mental element under sections 93B and 93C
93E Offences of riot, rout, affray abolished
Part 3B Offences relating to firearms etc
93F Definition
93G Causing danger with firearm or spear gun
93H Trespassing with or dangerous use of firearm or spear gun
93I (Repealed)
Part 4 Offences relating to property
Chapter 1 Stealing and like offences
93J Property previously stolen
94 Robbery or stealing from the person
95 Same with striking
96 Same (robbery) with wounding
97 Robbery etc or stopping a mail, being armed or in company
98 Robbery with arms etc and wounding
EXTORTION, &c, BY MENACE OR THREAT
99 Demanding money with intent to steal
100 Letter demanding money etc with menaces
100A Blackmail by threat to publish etc
101 Threatening letters
102 Accusing or threatening to accuse of crime to extort money etc
103 Causing a person by violence or threats to execute deeds etc
104 Term “infamous crime” defined
105 Menace may be of violence or accusation etc
106 Breaking and entering place of Divine worship and committing felony
107 The like with intent to commit felony
108 (Repealed)
109 Entering with intent, or stealing etc in dwelling-house and breaking out
110 Breaking, entering and assaulting with intent to murder etc
111 Entering dwelling-house in the night
112 Breaking etc into any house etc and committing felony
113 Breaking etc into any house etc with intent to commit felony
114 Being armed etc with intent to commit offence
115 The like after a previous conviction
116 All larcenies to be of same nature
117 Punishment for larceny
118 Intent to return property no defence
119 Verdict where several takings proved
120 Trial for larceny—verdict of embezzlement etc
121 Verdict of “larceny or receiving”
122 Verdict where persons indicted for joint larceny or receiving
123 Verdict of misdemeanour
124 Fraudulent appropriation
125 Larceny by bailee
126 Stealing cattle or killing with intent to steal
127 Stealing or killing cattle—uncertainty as to sex or age not to entitle to acquittal
128 Trial for stealing cattle—verdict of stealing skins
129 Trial for killing cattle—verdict of stealing
130 Trial for stealing cattle—verdict of misdemeanour
131 Unlawfully using etc another person’s cattle
132 Stealing dogs
133 Taking money to restore dogs
134 Stealing, destroying etc valuable security
135 Stealing, destroying etc wills or codicils
136 Proviso to sections 134 and 135
137 Civil remedies not affected by conviction
138 Stealing, destroying etc records etc of any court or public office
Of things attached to or growing on land
139 Stealing etc metal, glass, wood etc fixed to house or land
140 Stealing etc trees etc in pleasure-grounds etc
141–143 (Repealed)
144 Stealing ore of metal, coal etc
145 Miners removing ore with intent to defraud
146 Concealing royalty
147 Fraud on partners in mines etc
148 Stealing property in a dwelling-house
149 The same with menaces
Of goods in process of manufacture, tools, &c
150 Stealing goods in process of manufacture
151 Selling etc materials to be manufactured
152 Stealing from ship in port or on wharfs etc
153 Stealing from ship in distress or wrecked
154 Tenants etc stealing articles let to hire
154A Taking a conveyance without consent of owner
154AA Car stealing etc
Larceny and illegal use of aircraft
154B Stealing aircraft and unlawfully taking or exercising control of aircraft
154C (Repealed)
155 Definition of clerk or servant
156 Larceny by clerks or servants
157 Embezzlement by clerks or servants
158 Destruction, falsification of accounts etc by clerk or servant
By persons employed in the Public Service
159 Larceny by persons in Public Service
160 Embezzlement etc by persons in the Public Service
161 Proof of general deficiency in accounts
162 Larceny etc by joint owners
163 Trial for embezzlement—verdict of larceny
FRAUDS BY FACTORS AND OTHER AGENTS
164 Terms “agents”, “intrusted” and “misappropriate”
165 Agent misappropriating money etc intrusted to him
166 The like as to goods etc intrusted to him
167 Not to affect trustees or mortgagees nor to restrain agents from receiving money on valuable securities etc
168 Fraudulent sale of property by agent
169 The same by person under power of attorney
170 Agent obtaining advances on property of his principal
171 What to be deemed intrusting with goods etc
172 Trustees fraudulently disposing of property
173 Directors etc fraudulently appropriating etc property
174 Directors etc omitting certain entries
175 Director etc wilfully destroying etc books of company etc
176 Director or officer publishing fraudulent statements
176A Directors etc cheating or defrauding
177 Proviso to sections 165 to 176 inclusive
178 No relief from compulsory disclosures
178A Fraudulent misappropriation of moneys collected or received
178B Valueless cheques
OBTAINING MONEY, ETC, BY DECEPTION
178BA Obtaining money etc by deception
OBTAINING MONEY, ETC, BY FALSE OR MISLEADING STATEMENTS
178BB Obtaining money etc by false or misleading statements
178C Obtaining credit by fraud
179 False pretences etc
180 Causing payment etc by false pretence etc
181 False pretence of title
182 Accused may be convicted on a charge of false pretences etc though property obtained partly by a false promise
183 Trial for false pretences etc—verdict of larceny
184 Fraudulent personation
184A Personating owner of stock or property
185 Inducing persons by fraud to execute instruments
185A Inducing persons to enter into certain arrangements by misleading etc statements etc
186 Taking reward for helping to recover stolen property
187 Term “stealing” in sections 188 and 189
188 Receiving etc where principal guilty of felony
189 Receiving etc where principal guilty of misdemeanour
189A Receiving etc goods stolen out of New South Wales
189B Prosecution under section 188 or 189 where property stolen in course of transmission
190 Receiving etc cattle feloniously killed, or carcass etc
191 Uncertainty as to sex or age not to entitle to acquittal
192 Receiving material or tools intrusted for manufacture
193 Verdict where several persons are indicted for jointly receiving
Chapter 2 Criminal destruction and damage
194 Interpretation
Division 2 Crimes against property generally
195 Maliciously destroying or damaging property
196 Maliciously destroying or damaging property with intent to injure a person
197 Dishonestly destroying or damaging property
198 Maliciously destroying or damaging property with the intention of endangering life
199 Threatening to destroy or damage property
200 Possession, custody or control of an article with intent to destroy or damage property
Division 3 Crimes relating to particular kinds of property etc
201 Interfering with a mine
202 Causing damage etc to sea, river, canal and other works
203 False statement that a person or property is in danger
Part 4AA Offences relating to transport services
Division 1 Offences relating to aircraft, vessels etc
204 Destruction of, or damage to, an aircraft or vessel with intent or reckless indifference
205 Prejudicing the safe operation of an aircraft or vessel
206 Assault etc on member of crew of aircraft or vessel
207 Placing etc dangerous articles on board an aircraft or vessel
208 Threatening to destroy etc an aircraft, vessel or vehicle
209 False information as to plan etc to prejudice the safety of an aircraft or vessel or persons on board an aircraft or vessel
210 Destroying, damaging etc an aid to navigation
Division 2 Offences relating to railways etc
211 Criminal acts relating to railways
212 Endangering passengers etc on railway
213 Obstructing a railway
214 Obstructing a railway—verdict of misdemeanour
215–249 (Repealed)
Part 4A Corruptly receiving commissions and other corrupt practices
249A Definitions
249B Corrupt commissions or rewards
249C Misleading documents or statements used or made by agents
249D Corrupt inducements for advice
249E Corrupt benefits for trustees and others
249F Aiding, abetting etc
249G Repayment of value of gift etc
249H Disqualification for office
249I Dismissal of trivial case
249J Custom not a defence
Part 5 Forgery and false instrument offences
250 Forging and uttering defined
251 Uttering to be offence of same degree and subject to same punishment as forging
252 (Repealed)
253 Royal or public seals
254 (Repealed)
Forgery of Acts, Proclamations, &c
255 Acts, proclamations etc
256–259 (Repealed)
Forgery of India bonds, Exchequer bills, &c
260 East India bonds, Exchequer bills, or debentures etc
261–264 (Repealed)
Forgery, &c, of, or engraving plate, &c, for, bank notes, &c
265 Forging etc a bank note etc
266 Engraving or having any plate etc for making bank notes or paper
267 Engraving etc any part of a bank note etc
268 Instruments in blank
269 Having moulds for paper with the name of any banker
270 Engraving plates for foreign bills or notes
271 Forging wills
272–276 (Repealed)
277 (Repealed)
278 Forging signature of Supreme Court Judge to decree etc or tendering same in evidence with forged signature
279–283 (Repealed)
Forgery, &c, of instruments of evidence
284 (Repealed)
285 Forgery of signature to copies etc admissible in evidence of decrees etc
286–288 (Repealed)
289 Forgery of seal etc on public documents etc and copies admissible in evidence
290 (Repealed)
291 Forging etc certificate issued by officer outside New South Wales
292–295 (Repealed)
Falsifying entries of births, deaths, &c
296 Falsifying entries of births etc or giving false certificates
297 Making false entries in copies sent to registrar
Obtaining or demanding property on forged instruments
298 Demanding property on forged instruments
299 Interpretation
300 Making or using false instruments
301 Making or using copies of false instruments
302 Custody of false instruments etc
303 Response of machine to false instrument etc
304 When a false instrument is made
305 When an act or omission is prejudicial
306 Intention to induce may be general
307 Abolition of common law offence
Part 6 Offences relating to computers
308 Definitions
309 Unlawful access to data in computer
310 Damaging data in computer
Part 7 Public justice offences
311 Definitions
312 Meaning of “pervert the course of justice”
313 Knowledge that offence is a serious offence is unnecessary
Chapter 2 Interference with the administration of justice
314 False accusations etc
315 Hindering investigation etc
316 Concealing serious offence
317 Tampering etc with evidence
318 Making or using false official instrument to pervert the course of justice
319 General offence of perverting the course of justice
Chapter 3 Interference with judicial officers, witnesses, jurors etc
320 Extended meaning of “giving evidence”
321 Corruption of witnesses and jurors
322 Threatening or intimidating judges, witnesses, jurors etc
323 Influencing witnesses and jurors
324 Increased penalty if serious offence involved
325 Preventing, obstructing or dissuading witness or juror from attending etc
326 Reprisals against judges, witnesses, jurors etc
Chapter 4 Perjury, false statements etc
327 Offence of perjury
328 Perjury with intent to procure conviction or acquittal
329 Conviction for false swearing on indictment for perjury
330 False statement on oath not amounting to perjury
331 Contradictory statements on oath
332 Certain technical defects provided for
333 Subornation of perjury
334 General provisions applicable to perjury and false statement offences
335 False statements in evidence on commission
336 False entry on public register
337 False instruments issued by public officers
338 Restrictions on prosecutions for perjury
339 Application of Chapter to perjury under other Acts
340 Extent of abolition of offences
341 Certain common law offences abolished
342 Certain conspiracy offences not affected
343 Certain common law offences not abolished
343A Saving of other punishments
344 (Repealed)
344A Attempts
Part 9 Abettors and accessories
345 Principals in the second degree—how tried and punished
346 Accessories before the fact—how tried and punished
347 Accessories after the fact—how tried and punished
348 Punishment of accessories after the fact to treason
349 Punishment of accessories after the fact to murder etc
350 Punishment of accessories after the fact to other felonies etc
351 Abettors in misdemeanours—how tried and punished
352 Person in act of committing or having committed offence
352AA Arrest of prisoners unlawfully at large
352A Power of arrest in cases of certain offences committed outside the State
353 Persons offering stolen property
353A Power to search person, make medical examination, take photograph, finger-prints etc
353AA Photographing, finger-printing etc children under 14 years of age
353AB Destruction of certain photographs, finger-prints etc
353B Person apprehended carrying razor etc
353C Arrest by commander of aircraft
354–356 (Repealed)
357 Searching for and seizing firearms etc
357A Powers of search
357B Definitions
357C Police may board vessels
357D Police may stop and detain vessels
357E Police may stop and search persons and vehicles
Powers of entry and search in cases of child prostitution or pornography
357EA Police may enter and search
Powers of entry in cases of domestic violence
357F Entry by invitation
357G Entry by radio/telephone warrant etc where entry denied
357H Provisions relating to powers of entry under sections 357F and 357G
357I Police may enter and search for firearms
Discharge of persons in custody
358 When case not to be proceeded with gaoler to discharge prisoner on certificate from Attorney-General or Director of Public Prosecutions
Disposal of property in the custody of the police
358A (Repealed)
358B Disposal of seized firearms etc
Part 11 Procedure, evidence, verdict, &c
As to indictment—form, venue, amendments, &c
359 Meaning of “Statute” and “Act” in indictments etc
360 What defects shall not vitiate an indictment
360A Indictment etc of corporations
361 Venue in indictment
362 Formal objections when to be taken
363 Judgment on demurrer to indictment
364 Traversing indictment
365 Orders for amendment of indictment, separate trial and postponement of trial
366 Amended indictment
367 Verdict and judgment valid after amendment
368 Form of record after amendment
369 Respiting recognizances on postponement
370 Separate offences when can be joined
371 Accessories may be charged together in one indictment
372 Indictment charging previous offence also
373 Description of partners etc
374 Description of written instruments
375 General averment of intent to defraud or injure
376, 377 (Repealed)
378 Form of indictment against accessories to murder
379–380 (Repealed)
381 Indecent assault
382 Where not necessary to lay property in any person
383 Property of partners or joint owners
384 Stealing and receiving in one indictment
385 Separate receivers may be charged in one indictment
386 Allegations in indictment as to money or securities stolen
387 Indictment for stealing by tenants
388 Indictment for stealing deeds
389 Indictment for larceny by public servant, property to be laid in the Queen
390 Description in indictment for engraving etc
391 Indictment for sale etc of counterfeit coin
392 Indictment for perjury
393 Indictment for conspiracy
394 Arraignment etc on charge of previous conviction
394A Conviction on indictment
395 Plea of “not guilty”
396 Refusal to plead
397, 398 (Repealed)
399 Plea of autrefois convict etc
400 Practice as to entering the dock
401 (Repealed)
402 Accused may be defended by counsel
403 Right to inspect depositions on trial
404 Admission by accused before or at trial
405 Statement and address to jury by accused
405AA Summary by Judge
405A Notice of alibi
405B Warning to be given by Judge in relation to lack of complaint in certain sexual offence proceedings
405C Judge not required to warn jury against convicting person of certain sexual offences
405D Closed-circuit television may be used for giving child victim’s evidence
405E Use of closed-circuit television facilities
405F Alternative arrangements for child victim’s evidence
405G (Repealed)
405H Warning to jury
405I Validity of proceedings not affected
406 Depositions by persons dangerously ill—how to be taken and when admissible in evidence
407 Competency of parties and accused persons and their husbands and wives to give evidence
407AA Compellability of spouses to give evidence in certain proceedings
407A Abolition of presumption of coercion of wife by husband
408 Declaration by person since deceased
409 Depositions may be read as evidence for prosecution etc
409A Depositions of previous connected proceedings may be read as evidence in committal proceedings
409B Admissibility of evidence relating to sexual experience etc
409C Limitation on dock statements in certain sexual offence proceedings
410 Confessions etc, when inadmissible
411 Criminating statements admissible though on oath
412 Evidence to character of accused
413 Witnesses to character—what evidence admissible
413A Restriction on cross-examination of accused
413B Admissibility of evidence and questions about accused’s disposition or reputation
413C Documentary evidence of previous convictions
414 Evidence of previous conviction charged in an indictment
414A Certificates to be evidence
414B Proof of service of notice to produce
415 Proof of banking transactions
416 Proof of by-laws etc
417 Proof of lawful authority or excuse
418 Evidence by police officers
419 Bigamy—evidence of first marriage
419A Pilfering of goods from vessel, wharf etc
420 Receivers—evidence of guilty knowledge
421 Cases of forged English stamps
422 Proof of coin being counterfeit
423 On trial for perjury presumption of authority to administer oath etc
423A Joint trial in case of perjury etc
424 Witnesses in mitigation
425 Conviction for misdemeanour where facts amount to felony
426 After trial for felony, where alternative verdict possible no further prosecution
427 On trial for any felony or misdemeanour—verdict of attempt
428 (Repealed)
428A–428ZB (Repealed)
429 (Repealed)
430 (Repealed)
431 Convicted persons not to be liable to death penalty
431A Life sentences
Sentences of imprisonment—hard labour—solitary confinement—and sureties
432 Misdemeanours
433–437A (Repealed)
Order for restitution of property stolen, &c
438 Restitution of property stolen in certain cases
439 Guilty plea to be taken into account
Sentences for statutory offences
440 Statutory offences
Power to fine in certain cases
440A (Repealed)
440AA Power to fine
440AB Consideration of accused’s means to pay
440AC Instalments and time for payment
440B Imposition of fine on sentence being deferred or suspended
441 Judgment after sentence deferred
441A Time from which sentences shall take effect
Reduction of sentence or fine below term or amount fixed
442 Provision for passing sentences of less duration than those fixed
442A Circumstances of certain sexual offences to be considered in passing sentence
442B Reduction of sentences for assistance to authorities
Additional and cumulative sentences
443 Additional sentences on second or third convictions
444 Cumulative or concurrent sentences
445 Proof of previous conviction
446 Previous sentences to be noted in new sentence
447 (Repealed)
447A Punishment on escape
447B (Repealed)
Part 13 Proceedings after sentence
448–457 (Repealed)
458 Sentences by Courts-martial under Imperial Acts
(B) COMMUTATION OR MITIGATION OF SENTENCES
459–463 (Repealed)
464 Remissions where more than one sentence
464A (Repealed)
(C) CONSEQUENCES, &c, OF CONVICTION FOR FELONY
465 Forfeiture in felonies abolished
466 Disabilities of felony
467 (Repealed)
468 Effect of reversing judgment in such cases
469–474 (Repealed)
Part 13A Review of convictions
474A Definitions
Division 2 Petitions to Governor
474B Petitions to Governor
474C Consideration of petitions
Division 3 Applications to Supreme Court
474D Applications to Supreme Court
474E Consideration of applications
474F Inquiries
474G Procedure for conducting inquiry
474H Action to be taken on completion of inquiry
Division 5 Court of Criminal Appeal
474I Definitions
474J Quashing of conviction following pardon
474K Procedure on application for quashing of conviction
474L Reference to Court under section 474C (1) (b) following petition to Governor
474M Request to Court under section 474C (1) (c) following petition to Governor
474N Reference to Court under section 474H (2) following inquiry
474O Exercise of Supreme Court’s jurisdiction
474P Prerogative of mercy preserved
475 (Repealed)
Part 13B Offences punishable by the Supreme Court in its summary jurisdiction
475A Offences punishable summarily
475B Election for summary trial
Part 14 Offences punishable by Justices and procedure before Justices generally
Chapter 1 Indictable offences punishable summarily only by consent of the accused
476 Indictable offences punishable summarily with consent of accused
477, 478 (Repealed)
479, 479A (Repealed)
480 Certificate of dismissal
481 Summary conviction or dismissal a bar to indictment
482–492 (Repealed)
Chapter 3 Other offences punishable summarily
(A) INDICTABLE OFFENCES PUNISHABLE SUMMARILY WITHOUT CONSENT
493, 494 (Repealed)
495 Indictable offences punishable summarily without consent of accused: assaults etc
496 Indictable offences punishable summarily without consent of accused: larceny etc
496A Additional indictable offences punishable summarily without consent of accused
497 General provisions regarding indictable offences punishable summarily without consent of accused
498, 499 (Repealed)
500 Exception from jurisdiction
(B) LARCENY AND SIMILAR OFFENCES
501 (Renumbered as sec 496)
502 Possession of skin etc of stolen cattle
503 Stealing dogs
504 Possessing stolen dog or skin
505 Stealing animals etc ordinarily kept in confinement
506 Stealing animals etc ordinarily kept in confinement—second offence
507 Possession of stolen animals etc
508 Possession of stolen animals etc—second offence
509 Restoration of such stolen animals etc
510 Setting engine for deer etc
511 Killing pigeons
512 Taking fish in waters on private property
Larceny of things attached to land
513 Stealing shrubs etc
514 (Repealed)
515 Stealing etc live or dead fence etc
516 (Repealed)
517 Unlawful possession of trees, fences etc
518 Stealing dead wood
519 (Repealed)
520 Stealing plants etc in gardens
521 Stealing plants etc not growing in gardens
521A Stealing of rock, stone etc
522 Possession of shipwrecked goods
523 Offering shipwrecked goods for sale
524 Seizure of such goods
Larceny from a public library, &c
525 Stealing or damaging books etc in public library etc
526 Term “Public Library”
526A, 526B (Repealed)
Fraudulently appropriating or retaining property
527 Fraudulently appropriating or retaining property
Obtaining money, &c, by false representation
527A Obtaining money etc by wilfully false representation
527B Framing a false invoice
Persons unlawfully in possession of property
527C Persons unlawfully in possession of property
Offering rewards for stolen property
528 Advertising reward for return of stolen property
529–545 (Repealed)
545A Bogus advertisements
545B Intimidation or annoyance by violence or otherwise
(D3) JOINING UNLAWFUL ASSEMBLIES, &c
545C Knowingly joining or continuing in etc an unlawful assembly
(D4) UNLAWFUL MAKING OR POSSESSION OF EXPLOSIVES
545D Unlawful making or possession of explosives
(D5) UNLAWFUL POSSESSION OF CERTAIN DANGEROUS ARTICLES
545E Possession of dangerous articles other than firearms
546 Abetting or procuring
546A Consorting with convicted persons
(E2) INTENT TO REPEAT INDICTABLE OFFENCE
546B Convicted persons found with intent to commit offence
546C Resisting etc police
(F) RECOGNIZANCE TO KEEP THE PEACE
547 Apprehended violence or injury—recognizance to keep the peace etc
547AA (Repealed)
(G) FALSE STATEMENT RESPECTING BIRTHS, DEATHS, OR MARRIAGES
547A False statements respecting births, deaths and marriages
547B Public mischief
547C Peeping or prying
Chapter 4 Procedure, &c, before Justices
Alternative methods of procedure
548 Alternative methods of proceeding before Justices
548A (Repealed)
549 Offenders may be summoned under existing Acts
550 Where not necessary to allege particular ownership
551 General averment of intent to defraud or injure
Jurisdiction of Magistrates not affected by certain matters
552 Jurisdiction of Magistrates in respect of offences arising under Chapter 2 of Part 4
Reduction of sentence below fixed term
553 Sentence may be for less term or fine of less amount than that fixed
554 Hard or light labour
555 Application of forfeitures and penalties
556 Summary conviction a bar to further proceedings
Part 15 Conditional release of offenders
556A Power to permit release of offenders
556B Proceedings on breach of condition of recognizance
557 (Repealed)
558 Deferring sentence
559–562 (Repealed)
Part 15A Apprehended violence orders
562A Definitions
562AB Stalking, intimidation with intent to cause fear for personal safety
Division 2 Apprehended violence orders generally
562B Court may make apprehended violence orders
562BA Orders made by court with consent of parties
562BB Interim court orders
562BC Order prohibits stalking, intimidation etc
562BD Order can also protect family etc
562C Making of complaint for court order
562D Prohibitions and restrictions imposed by orders
562E Duration of court orders
562F Variation or revocation of court orders
562G Courts authorised to make orders etc
562H Telephone interim orders after hours
562I Offence of contravening order
562J Service of copy of order on defendant, police etc
562K Summons for appearance or arrest of defendant
562L Application of Bail Act 1978
562M Appeal by defendant against order made by Local Court or Children’s Court
562N Costs
562O Concurrent criminal proceedings
562P Recognizance to keep peace not affected
562Q Regulations
562R Transitional provisions
Division 3 Registration of interstate restraint orders
562S Application for registration of interstate restraint order
562T Registration of interstate restraint order
562U Effect of registration of interstate restraint order
562V Variation etc of registered interstate restraint orders
Part 16 Miscellaneous enactments
563 (Repealed)
564 No Court fees to be taken in criminal cases
565 Power of Courts to bring prisoners before them
565A Bail Act 1978 to prevail
566 Witnesses neglecting to attend trial captured under warrant may be admitted to bail
567 Supreme Court rules may prescribe forms of indictments etc
567A Counts for felonies and misdemeanours in one indictment
568–572 (Repealed)
573 Provision for wife where husband convicted of aggravated assault
574 Prosecutions for blasphemy
574A Information etc for obscene or blasphemous libel
574B Prevention of suicide
575 Misappropriation of corn etc by servants
576 Indecent exposure of the person
577 Change of venue
578 Publication of evidence may be forbidden in certain cases
578A Prohibition of publication identifying victims of certain sexual offences
579 Evidence of proceedings dealt with by way of recognizance after 15 years
580 Certain charges not to be brought at common law
580A Abolition of offence of being a common nightwalker
581 Savings and transitional provisions
Sixth–Ninth Schedules (Repealed)