Contents (1900 - 40)
Crimes Act 1900 No 40
Status information

Long title

Part 1 Preliminary and interpretation

1 Name of Act
2 Repeals and savings
3 Application of certain Parts of Act
3A, 3B (Repealed)
4 Definitions
5 Maliciously
6 Month
7 “Possession” when criminal
8 “Public place” etc
9, 10 (Repealed)

Part 1A Geographical jurisdiction

10A Application and effect of Part
10B Interpretation
10C Extension of offences if there is a geographical nexus
10D Provisions relating to double criminality
10E Procedural and other provisions

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11 Provisions of 36 Geo III, c 7 , and 57 Geo III, c 6 , repealed except as to offences against the person of the Sovereign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
13–15 (Repealed)
16 Nothing herein to affect 25 Ed III, c 2
16A (Repealed)

Part 3 Offences against the person

Division 1 Homicide

17 (Repealed)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19 (Repealed)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 Substantial impairment by abnormality of mind
24 Manslaughter—punishment
25 (Repealed)

Division 2 Conspiracy to murder

26 Conspiring to commit murder

Division 3 Attempts to 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

Division 4 Documents containing threats

31 Documents containing threats

Division 5 Suicide

31A Suicide and attempt to commit suicide
31B Survivor of suicide pact
31C Aiding etc suicide

Division 6 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32A–32C (Repealed)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 Prohibition of female genital mutilation
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, 51 (Repealed)
51A Predatory driving
52 (Repealed)
52A Dangerous driving: substantive matters
52AA Dangerous driving: procedural matters
52B Dangerous navigation: substantive matters
52BA Dangerous navigation: procedural matters
53 Injuries by furious driving etc
54 Causing grievous bodily harm

Division 7 Possessing or making explosive etc with intent to injure the person

55 Possessing explosives etc with intent to injure

Division 8 Assaults

56 Obstructing member of the clergy in discharge of his or her duties
57 Assault on persons preserving wreck
58 Assault with intent to commit a serious indictable offence on certain officers
59 Assault occasioning actual bodily harm

Division 8A Assaults and other actions against police and other law enforcement officers

60AA Meaning of “law enforcement officer”
60 Assault and other actions against police officers
60A Assault and other acts against law enforcement officers (other than police officers)
60B Actions against third parties connected with law enforcement officers
60C Obtaining of personal information about law enforcement officers

Division 9 Common assaults

61 Common assault prosecuted by indictment

Division 10 Offences in the nature of rape, offences relating to other acts of sexual assault etc

61A–61G (Repealed)
61H Definition of sexual intercourse and other terms
61I Sexual assault
61J Aggravated sexual assault
61JA Aggravated sexual assault in company
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
66EA Persistent sexual abuse of a child
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, 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

Division 10A Sexual servitude

80B Meaning of “sexual servitude”
80C Meaning of “circumstances of aggravation”
80D Causing sexual servitude
80E Conduct of business involving sexual servitude
80F Alternative verdicts
81–81B (Repealed)

Division 11 Misconduct with regard to corpses

81C Misconduct with regard to corpses

Division 12 Attempts to procure abortion

82 Administering drugs etc to herself by woman with child
83 Administering drugs etc to woman with intent
84 Procuring drugs etc

Division 13 Concealing birth of a child

85 Concealment of birth

Division 13A

Division 14 Kidnapping

86 Kidnapping
87 Child abduction
88–91 (Repealed)

Division 14A Procuring for prostitution

91A Procuring etc
91B Procuring person by drugs etc

Division 15 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 used for pornographic purposes

Division 16 Bigamy

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 3C Public order offences relating to contamination of goods

93IA Definitions of “contaminate” and “goods”
93IB Contaminating goods with intent to cause public alarm or economic loss
93IC Threatening to contaminate goods with intent to cause public alarm or economic loss
93ID Making false statements concerning contamination of goods with intent to cause public alarm or economic loss
93IE Aggravated circumstances—unwarranted demand
93IF Aggravated circumstances—death or grievous bodily harm
93IG Special provisions relating to geographical application of this Part

Part 3D Public order offences relating to bomb and other hoaxes

93IH Conveying false information that a person or property is in danger
93II Leaving or sending an article with intent to cause alarm

Part 4 Offences relating to property

Division 1 Stealing and like offences

Subdivision 1 General

93J Property previously stolen

Subdivision 2 Robbery

94 Robbery or stealing from the person
95 Same in circumstances of aggravation
96 Same (robbery) with wounding
97 Robbery etc or stopping a mail, being armed or in company
98 Robbery with arms etc and wounding

Subdivision 3 Extortion etc by menace or threat

99 Demanding property 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

Subdivision 4 Sacrilege and housebreaking

105A Definitions
106 Breaking and entering place of Divine worship and committing serious indictable offence
107 The like with intent to commit a serious indictable offence
108 (Repealed)
109 Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence
110 Breaking, entering and assaulting with intent to murder etc
111 Entering dwelling-house
112 Breaking etc into any house etc and committing serious indictable offence
113 Breaking etc into any house etc with intent to commit a serious indictable offence
114 Being armed with intent to commit indictable offence
115 Being convicted offender armed with intent to commit indictable offence
115A Alternative verdicts

Subdivision 5 Larceny

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 minor indictable offence
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
139 Stealing etc metal, glass, wood etc fixed to house or land
140 Stealing etc trees etc in pleasure-grounds etc
141–147 (Repealed)
148 Stealing property in a dwelling-house
149 The same with menaces
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
154B Stealing aircraft and unlawfully taking or exercising control of aircraft
154C Car-jacking

Subdivision 6 Embezzlement or larceny

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
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

Subdivision 7 Frauds by factors and other agents

164 Terms “agents”, “intrusted” and “misappropriate”
165 Agent misappropriating money etc intrusted to him or her
166 The like as to goods etc intrusted to him or her
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 or her 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

Subdivision 8 Fraudulent misappropriation

178A Fraudulent misappropriation of moneys collected or received

Subdivision 9 Valueless cheques

178B Valueless cheques

Subdivision 10 Obtaining money etc by deception

178BA Obtaining money etc by deception

Subdivision 11 Obtaining money etc by false or misleading statements

178BB Obtaining money etc by false or misleading statements

Subdivision 12 Obtaining credit by fraud

178C Obtaining credit by fraud

Subdivision 13 False pretences

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

Subdivision 14 Fraudulent arrangements

185A Inducing persons to enter into certain arrangements by misleading etc statements etc

Subdivision 15 Corrupt rewards

186 Taking reward for helping to recover stolen property

Subdivision 16 Receivers

187 Term “stealing” in sections 188 and 189
188 Receiving stolen property where stealing a serious indictable offence
189 Receiving etc where principal guilty of minor indictable offence
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 unlawfully 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

Division 2 Criminal destruction and damage

Subdivision 1 Interpretation

194 Interpretation

Subdivision 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

Subdivision 3 Crimes relating to particular kinds of property

201 Interfering with a mine
202 Causing damage etc to sea, river, canal and other works
203 (Repealed)

Subdivision 4 Sabotage

203A Definitions
203B Sabotage
203C Threaten sabotage

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

Division 1 Forgery

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)
255 Acts, proclamations etc
256–259 (Repealed)
260 East India bonds, Exchequer bills, or debentures etc
261–264 (Repealed)
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
272–277 (Repealed)
278 Forging signature of Supreme Court Judge to decree etc or tendering same in evidence with forged signature
279–284 (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)
296 Falsifying entries of births etc or giving false certificates
297 Making false entries in copies sent to registrar
298 Demanding property on forged instruments

Division 2 False instruments

299 Interpretation
300 Making or using false instruments
301 Making or using copies of false instruments
302 Custody of false instruments etc
302A Making or possession of implements for making false instruments
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 Computer offences

308 General definitions
308A Meaning of access to data, modification of data and impairment of electronic communication
308B Meaning of unauthorised access, modification or impairment
308C Unauthorised access, modification or impairment with intent to commit serious indictable offence
308D Unauthorised modification of data with intent to cause impairment
308E Unauthorised impairment of electronic communication
308F Possession of data with intent to commit serious computer offence
308G Producing, supplying or obtaining data with intent to commit serious computer offence
308H Unauthorised access to or modification of restricted data held in computer (summary offence)
308I Unauthorised impairment of data held in computer disk, credit card or other device (summary offence)
309, 310 (Repealed)

Part 6A Offences relating to escape from lawful custody

310A Definitions
310B Rescuing inmate from lawful custody
310C Aiding escape
310D Escaping
310E Tunnels to facilitate escape
310F Permitting escape
310G Harbouring escapee
310H Application of Part

Part 7 Public justice offences

Division 1 Definitions

311 Definitions
312 Meaning of “pervert the course of justice”
313 Knowledge that offence is a serious indictable offence is unnecessary

Division 2 Interference with the administration of justice

314 False accusations etc
315 Hindering investigation etc
315A Threatening or intimidating victims or witnesses
316 Concealing serious indictable 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

Division 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 indictable offence involved
325 Preventing, obstructing or dissuading witness or juror from attending etc
326 Reprisals against judges, witnesses, jurors etc

Division 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 Division to perjury under other Acts

Division 5 Miscellaneous

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

Part 8 Unlawful gambling

344 Offence of conducting unlawful gambling operation

Part 8A Attempts

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
347A Wife may be accessory after fact to husband’s felony
348 Punishment of accessories after the fact to certain treason-related offences
349 Punishment of accessories after the fact to murder etc
350 Punishment of accessories after the fact to other serious indictable offences
351 Trial and punishment of abettors of minor indictable offences
351A Recruiting children to engage in criminal activity

Part 10 Arrest of offenders

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 (Repealed)
353A Power to search person, make medical examination, take photograph, finger-print or palm-print
353AA Photographing, finger-printing etc children under 14 years of age
353AB Destruction of certain photographs, finger-prints etc
353AC (Repealed)
353B Person apprehended carrying razor etc
353C Arrest by commander of aircraft

Part 10A Detention after arrest for purposes of investigation

354 Objects of Part
355 Definitions
356 Persons to whom Part applies
356A Modification of application of Part to certain persons
356B Effect of Part on other powers and duties
356C Detention after arrest for purposes of investigation
356D Investigation period
356E Determining reasonable time
356F Certain times to be disregarded in calculating investigation period
356G Detention warrant to extend investigation period
356H Procedure for applying for and issuing detention warrant
356I Information in application for detention warrant
356J Further application for detention warrant after refusal
356K False or misleading information in applications
356L Provisions relating to detention warrants
356M Custody manager to caution, and give summary of Part to, detained person
356N Right to communicate with friend, relative, guardian or independent person and legal practitioner
356O Right of foreign national to communicate with consular official
356P Circumstances in which certain requirements need not be complied with
356Q Provision of information to friend, relative or guardian
356R Provision of information to certain other persons
356S Provision of interpreter
356T Right to medical assistance
356U Right to reasonable refreshments and facilities
356V Custody records to be maintained
356W Detention after arrest for purposes of investigation may count towards sentence
356X Regulations
356Y Review of Part

Part 10B Powers of search, powers of entry and discharge of persons in custody

Division 1 Powers of search

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

Division 2 Powers of entry and search in cases of child prostitution or pornography

357EA Police may enter and search
357EB (Repealed)

Division 3 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
358, 358A (Repealed)

Division 4 Disposal of property in the custody of the police

358B Disposal of seized firearms etc

Division 5 Offence relating to escaped prisoners

358C Harbouring escapee from another State or Territory

Part 11 Criminal responsibility—defences

Division 1 Preliminary

359–407AA (Repealed)
407A Abolition of presumption of coercion of wife by husband
408–416 (Repealed)

Division 2 Lawful authority or excuse

417 Proof of lawful authority or excuse

Division 3 Self-defence

418 Self-defence—when available
419 Self-defence—onus of proof
420 Self-defence—not available if death inflicted to protect property or trespass to property
421 Self-defence—excessive force that inflicts death
422 Self-defence—response to lawful conduct
423 Offences to which Division applies
424–428 (Repealed)

Part 11A Intoxication

428A Definitions
428B Offences of specific intent to which Part applies
428C Intoxication in relation to offences of specific intent
428D Intoxication in relation to other offences
428E Intoxication in relation to murder and manslaughter
428F Intoxication in relation to the reasonable person test
428G Intoxication and the actus reus of an offence
428H Abolition of common law relating to self-induced intoxication
428I Application of Part
428J–428YB (Repealed)

Part 11B

428Z–428ZB (Repealed)

Part 12 Sentences

429, 430 (Repealed)
431 Convicted persons not to be liable to death penalty
431A Life sentences
431B–447B (Repealed)

Part 13

448–474 (Repealed)

Part 13A Review of convictions and sentences

Division 1 Preliminary

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

Division 4 Inquiries

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) or 474E (1) (b) following petition to Governor or application to Supreme Court
474M Request to Court under section 474C (1) (c) following petition to Governor
474N Reference to Court under section 474H (2) following inquiry

Division 6 General

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 Former provisions relating to offences punishable by Justices and procedure before Justices generally

Division 1 Interpretation

475C Effect of certain provisions

Division 2 Indictable offences punishable summarily only by consent of the accused

476 Indictable offences punishable summarily with consent of accused person
477–479A (Repealed)
480 Certificate of dismissal
481 Summary conviction or dismissal a bar to indictment
482–492 (Repealed)

Division 3 Other offences punishable summarily

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

Part 14A Summary offences

Division 1 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
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
525 Stealing or damaging books and other things in public library and other places
526 Term “Public Library”
526A, 526B (Repealed)
527 Fraudulently appropriating or retaining property
527A Obtaining money etc by wilfully false representation
527B Framing a false invoice
527C Persons unlawfully in possession of property
528 Advertising reward for return of stolen property

Division 2 Miscellaneous offences

529–545 (Repealed)
545A Bogus advertisements
545B Intimidation or annoyance by violence or otherwise
545C Knowingly joining or continuing in etc an unlawful assembly
545D Unlawful making or possession of explosives
545E Possession of dangerous articles other than firearms
546 Abetting or procuring
546A Consorting with convicted persons
546B Convicted persons found with intent to commit offence
546C Resisting etc police
547, 547AA (Repealed)
547A False statement respecting births, deaths or marriages
547B Public mischief
547C Peeping or prying

Division 3 General

548–555 (Repealed)
556 Summary conviction a bar to further proceedings

Part 15

556A–562 (Repealed)

Part 15A Apprehended violence

Division 1 Definitions and offence

562A Definitions
562AB Stalking or intimidation with intent to cause fear of physical or mental harm

Division 1A Apprehended domestic violence orders

562AC Objects of Division
562AD Application for ADVO
562AE Court may make ADVO
562AF Summons for appearance or arrest of defendant in ADVO matters
562AG Non-inclusion of protected person’s residential address in ADVO or complaint for ADVO

Division 1B Apprehended personal violence orders

562AH Application for APVO
562AI Court may make APVO
562AJ Summons for appearance or arrest of defendant in APVO matters
562AK Discretion to refuse to issue process in APVO matters

Division 2 Apprehended violence orders generally

562B (Repealed)
562BA Orders made with consent of parties
562BB Interim court orders
562BBA Interim orders made by clerk of court with consent
562BBB Extension of interim order by clerk of court with consent
562BC Order prohibits stalking, intimidation etc
562BD Order can also protect persons with whom person seeking protection has a domestic relationship
562BE Order must be made on guilty plea or guilt finding for certain offences
562BF Order must be made on charge for certain offences
562C Making of complaint for court order
562D Prohibitions and restrictions imposed by orders
562DA Reasons to be given if order does not prohibit or restrict access to premises or place
562E Duration of court orders
562F Variation or revocation of court orders
562FA Consideration of contact with children
562G Courts authorised to make orders etc
562GA, 562GB (Repealed)
562GC Explanation of order
562H Telephone interim orders
562I Offence of contravening order
562J Service of copy of order
562K (Repealed)
562L Application of Bail Act 1978
562M (Repealed)
562N Costs
562NA Measures to protect children in AVO proceedings
562NB Publication of names and identifying information about children under 16 involved in AVO proceedings
562NC Publication of names and identifying information about persons involved in ADVO proceedings
562ND Right to presence of supportive person
562O Concurrent criminal proceedings
562P, 562Q (Repealed)
562R Transitional provisions

Division 3 Registration of external protection orders

562RA Definitions
562S Application for registration of external protection order
562T Registration of external protection order
562U Effect of registration of external protection order
562V Variation etc of registered external protection orders

Division 4 Jurisdiction of and appeals to District Court

562W Jurisdiction of District Court to issue AVO following dismissal of complaint by Local Court or Children’s Court
562WA Appeal to District Court about making, variation or revocation of apprehended violence order
562WB Presumption against stay of order
562WC Jurisdiction of District Court under this Part

Division 5 Miscellaneous

562X Arrangements regarding classification of orders
562Y Parts 4A and 5A of Justices Act 1902 not affected
562Z Review of Part

Part 16 Miscellaneous enactments

563 Power to demand name and address
564–573 (Repealed)
574 Prosecutions for blasphemy
574A (Repealed)
574B Prevention of suicide
575–578 (Repealed)
578A Prohibition of publication identifying victims of certain sexual offences
578B Possession of child pornography
578C Publishing child pornography and indecent articles
578D Police may enter and search premises for child pornography or indecent articles
578E Offences relating to advertising or displaying products associated with sexual behaviour
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
580B Abolition of offences of eavesdropping and being a common scold
580C Abolition of common law offences relating to brothels
580D Abolition of rule that husband and wife cannot be guilty of conspiracy
580E Abolition of distinction between felony and misdemeanour
580F Abolition of penal servitude
580G Abolition of imprisonment with light or hard labour
581 Savings and transitional provisions
582 Regulations

 First Schedule (Repealed)

 Second Schedule

 Third–Ninth Schedules (Repealed)

 Tenth Schedule

 Eleventh Schedule Savings and transitional provisions

Historical notes