Australian Capital Territory
Crimes Act 1900     
A1900-40
Republication No 0D (RI)
Effective:  1 July 1990 – 5 February 1991
Republication date of printed version: 1 July 1990
Reissued electronically: 7 June 2006

Last amendment made by Ord1990-5
(republication for amendments by Ord1988-44,
Ord1988-75, Ord1990-1, Ord1990-2,
Ord1990-4 and Ord1990-5)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Crimes Act 1900 effective from 1 July 1990 to 5 February 1991.  
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

crimes act, 1900
(New South Wales)
As amended in its application to the Australian Capital
Territory by Laws of the Territory
Reprinted as at 1 July 1990
TABLE OF PROVISIONS
PART I—PRELIMINARY AND INTERPRETATION
	1.	Short title
	2.	Repeals and savings
	3.	Application
	4.	Interpretation
	8.	“Public place”, &c.
	9.	Abolition of distinctions between felony and misdemeanour 
PART III—OFFENCES AGAINST THE PERSON
	10.	When child born alive
	11.	Cause of death, or death, occurring outside the Territory
	12.	Murder
	13.	Trial for murder—provocation
	14.	Trial for murder—diminished responsibility
	15.	Manslaughter
	16.	Suicide etc.—not an offence
	17.	Suicide—aiding etc.
	18.	Prevention of suicide
	19.	Intentionally inflicting grievous bodily harm
	20.	Recklessly inflicting grievous bodily harm
	21.	Wounding
	22.	Assault with intent to commit certain indictable offences
	23.	Inflicting actual bodily harm
	24.	Assault occasioning actual bodily harm
	25.	Causing grievous bodily harm
	26.	Common assault
	27.	Acts endangering life etc.
	28.	Acts endangering health etc.
	29.	Culpable driving of motor vehicle
	30.	Threat to kill
	31.	Threat to inflict grievous bodily harm
	32.	Demands accompanied by threats
	33.	Possession of object with intent to kill etc.
	34.	Forcible confinement
	35.	Torture
	36.	Abduction of young person
	37.	Kidnapping
	38.	Unlawfully taking child etc.
	39.	Exposing or abandoning child
	40.	Child destruction
	41.	Childbirth—grievous bodily harm
	42.	Procuring own miscarriage
	43.	Procuring another’s miscarriage
	44.	Procuring drugs etc. to procure miscarriage
	45.	Concealment of birth
	46.	Misconduct with regard to corpses
	47.	Alternative verdicts
PART IIIA—SEXUAL OFFENCES
	92.	Interpretation
	92A.	Sexual assault in the first degree
	92B.	Sexual assault in the second degree
	92C.	Sexual assault in the third degree
	92D.	Sexual intercourse without consent
	92E.	Sexual intercourse with young person
	92F.	Act of indecency in the first degree
	92G.	Act of indecency in the second degree
	92H.	Act of indecency in the third degree
	92J.	Act of indecency without consent
	92K.	Acts of indecency with young persons
	92L.	Incest and similar offences
	92M.	Abduction
	92N.	Employment of young person for prostitution
	92NA.	Employment of young persons for pornographic purposes
	92P.	Consent
	92Q.	Sexual intercourse—persons not to be presumed incapable by reason of age
	92R.	Marriage no bar to conviction
	92S.	Alternative verdicts
	92T.	Adding count for act of indecency
	92U.	Indictment for act of indecency
	PART IV—OFFENCES RELATING TO PROPERTY
Division 1—Interpretation
	93.	Interpretation
	94.	Stealing—interpretation
	95.	Property belonging to another—interpretation
	96.	Appropriation and dishonest appropriation—interpretation
	97.	Intention to deprive permanently—interpretation
	98.	Stolen property—interpretation
Division 2—Theft and related offences
	99.	Theft
	100.	Robbery
	101.	Armed robbery
	102.	Burglary
	103.	Aggravated burglary
	104.	Obtaining financial advantage by deception
	105.	Obtaining service by deception 
	106.	Evasion of liability by deception 
	107.	Making off without payment 
	108.	False accounting 
	109.	Liability of company officers 
	110.	False statements by officers of associations 
	111.	Suppression, &c., of documents 
	112.	Blackmail 
	113.	Handling stolen property 
	114.	Dishonest abstraction of electricity 
	115.	Dishonest use of computers 
	116.	Possession of housebreaking implements, &c. 
	117.	Advertising for return of stolen property 
	118.	Delivery of stolen property held by dealers 
	119.	Disposal of stolen property 
	120.	Taking vehicle without authority 
	124.	Proof of general deficiency in a case 
	125.	Procedure and evidence 
	126.	Verdict of “theft or handling” 
Division 3—Criminal damage to property
	127.	Interpretation 
	128.	Destroying or damaging property 
	129.	Arson 
	130.	Lawful excuse 
	131.	Defacing premises 
	132.	Threats to destroy or damage property 
	133.	Possession of article with intent to destroy property 
	134.	Untrue representations 
	135.	Alternative verdict 
Division 3A—Forgery and the use of forged instruments
	135A.	Making of false instrument 
	135B.	Act or omission to a person’s prejudice 
	135C.	Forgery and the use of forged instruments 
	135D.	Possession of false instrument 
	135E.	Possession of machine, &c. 
	135F.	Forfeiture 
	135G.	General allegation of intent sufficient 
Division 4—Miscellaneous
	136.	Hindering working of mines 
	137.	Removal of sea-banks, &c. 
	138.	Obstructing navigation of rivers 
	139.	Offences in relation to railways 
	140.	Obstructing railway engines 
	141.	Alternative verdict 
	142.	Displaying false signals 
	143.	Removing or concealing buoys, &c. 
	144.	Removal of articles on public exhibition 
	145.	Being found with an intent to commit an offence 
	146.	Forcible entry on land 
	147.	Forcible detainer of land 
	148.	Property of spouses 
	149.	Property of partners or joint owners 
	150.	Indictment for theft, &c., of deeds 
	151.	Allegations in indictment as to stolen money or securities 
PART VII—PERJURY AND LIKE OFFENCES
	327.	Perjury 
	328.	Perjury with intent to procure conviction, &c. 
	329.	Conviction for false swearing on indictment for perjury 
	330.	False swearing not being perjury 
	331.	Contradictory statements on oath 
	332.	Certain technical defects provided for 
	333.	False evidence by child not on oath 
	334.	False statement in evidence on commission
	340.	Directing prosecution for perjury 
	341.	For restraining vexatious prosecutions 
	342.	Application of laws 
	343.	Saving of other punishments 
	344.	False statement in evidence on commission
PART VIII—aiding and abetting, accessories, attempts, incitement and conspiracy
	345.	Aiding and abetting
	346.	Accessory after the fact
	347.	Attempts
	348.	Incitement
	349.	Conspiracy
PART X—apprehension, detention, discharge, search and seizure and escape
Division 1—Apprehension, detention, search and seizure
	349A.	Police powers of entry 
	349B.	Issue of warrant 
	349C.	Entry in emergencies 
	350.	Seizure of forfeited articles 
	351.	Detention of drunken persons 
	352.	Person in act of committing or having committed an offence 
		Person suspected of having committed or of being about to commit offence 
		Offender for whose arrest warrant has been issued 
	352A.	Offences committed outside Territory—power of arrest 
	353.	Persons offering stolen property 
	353A.	Power to search and medically examine a person and take fingerprints, &c. 
	358.	When case not to be proceeded with gaoler to discharge prisoner on certificate from Attorney-General 
		Forms where person is committed for trial 
		Forms where person is under remand 
Division 1A—Escape provisions
	358AA.	Detention during pleasure: meaning
	358AB.	Aiding prisoner to escape
	358AC.	Escaping
	358AD.	Rescuing a prisoner from custody etc.
	358AE.	Person unlawfully at large
	358AF.	Permitting escape
	358AG.	Harbouring etc. escapee
	358AH.	Escaped prisoner—current sentence
	358AI.	Failure to answer bail etc.—offence
Division 2—Criminal investigation (extra-territorial offences)
	358A.	Interpretation
	358B.	Issue of search warrants
	358C.	Authority conferred by search warrant
	358D.	Offence of hindering execution of search warrant
	358E.	Ministerial arrangements for transmission and return of objects seized under this Division or under a corresponding law
PART XI—PROCEDURE, EVIDENCE, VERDICT, &c.
	359.	Meaning of “Statute” and “Act” in indictments, &c. 
	360.	What defects shall not vitiate an 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.	Property of partners or joint owners 
	374.	Description of written instruments 
	375.	General averment of intent to defraud or injure 
	376.	Indictment for murder or manslaughter
	378.	Form of indictment against accessories to murder 
	380.	Addition of count for assault 
	392.	Indictment for perjury 
	393.	Indictments for conspiracy 
	394.	Arraignment, &c., on charge of previous conviction 
	395.	Plea of “not guilty” 
	396.	Refusal to plead 
	399.	Plea of autrefois convict, &c. 
	400.	Practice as to entering the dock 
	402.	Accused may be defended by counsel 
	403.	Right to inspect depositions on trial 
	404.	Power of Judge to record verdict of acquittal 
	405.	Statement and address to jury by accused 
	406.	Notice of alibi 
	411.	Criminating statements admissible though on oath 
	414.	Evidence of  previous conviction charged in an indictment 
	417.	Proof of lawful authority or excuse 
	423.	On trial for perjury presumption of authority to administer oath, &c. 
	424.	Witnesses in mitigation 
	425.	Conviction for alternative offence 
	426.	After trial for an offence, where alternative verdict possible, no further prosecution 
	427.	On trial for any offence—verdict of attempt 
	427A.	Multiple alternative verdicts
	428.	Reserving questions of law at trial
PART XII—SENTENCES
	429.	Court may release juvenile offender  on recognizance 
	430.	Sentences—imprisonment and fines 
	431.	Fine instead of imprisonment 
	432.	Theft of motor vehicle—cancellation of licence 
	437.	Reparation orders 
	439.	Acquittals on ground of insanity 
	441.	Judgment after sentence deferred 
	441A.	Time from which sentence to take effect 
	442.	Provision for passing sentences of less duration than those fixed 
	443.	Cumulative sentences
	446.	Previous sentences to be noted in new sentence
	448.	Outstanding charges may be taken into account when passing sentence
PART XIII—PROCEEDINGS AFTER SENTENCE
	464.	Procedure on forfeiture 
	465.	Common law forfeiture in offences abolished 
	466.	Disabilities of offence 
	468.	Effect of reversing judgment in such cases 
	470.	Proceedings when question reserved 
		Case may be sent back for amendment 
		Argument and judgment on case 
		Certificate of affirmance or reversal 
	472.	What not sufficient to stay or reverse judgment 
	473.	Pronouncing proper judgment 
	474.	New trials regulated 
	475.	Governor-General or Judge may direct inquiry 
		Attendance of witnesses, &c. 
		Cross-examination by person affected by evidence 
		Form and disposal of deposition 
PART XIV—OFFENCES PUNISHABLE SUMMARILY AND
SUMMARY PROCEDURE GENERALLY
	476.	Summary offences 
	477.	Summary disposal of certain cases 
	479.	Saving of other summary jurisdiction 
	480.	Certificate of dismissal 
	481.	Summary conviction or dismissal a bar  to indictment 
	482.	Misbehaviour at public meetings 
	493.	Possession of offensive weapons 
	494.	Possession of offensive weapon with intent 
	510A.	Laying of poison 
	527A.	Unlawful possession 
	527B.	Making a false invoice 
	543.	Application of compensation 
	544.	Obstruction of stream,&c. 
	545.	Entrance to cellars, &c. 
	546A.	Offensive behaviour 
	546B.	Indecent exposure 
	546C.	Noise  abatement directions 
	546D.	Bogus advertisement 
	546E.	Public mischief 
	547.	Apprehended violence or injury—recognizance to keep the peace 
		Defamatory words—recognizance for good behaviour 
		Costs 
	548.	Alternative methods of proceeding before a Magistrate 
	551.	General averment of intent to  defraud or injure 
	552.	Discharge of juvenile first offenders 
	553.	Sentence may be for less term or fine of less amount than that fixed herein 
	555.	Application of forfeitures and penalties 
	556.	Summary conviction a bar to further proceedings 
PART XV—CONDITIONAL RELEASE OF OFFENDERS
	556A.	Conditional	release of offenders without proceeding to conviction 
	556B.	Conditional release of offenders 
	556C.	Failure to comply with condition of recognizance or release 
	556D.	Power to discharge or vary conditions of recognizance 
	556E.	Recovery of amounts where recognizances estreated 
PART XVA—COMMUNITY SERVICE ORDERS
	556F.	Interpretation
	556G.	Directions to perform work
	556H.	Effect of payment of fine, &c., where community service order made
	556J.	Circumstances in which a community service order may be made
	556K.	Obligations of offender and consequences of failure to comply
	556L.	Community service order to cease to have effect after 12 months except where period extended
	556M.	Revocation and variation of community service order and variation of nature of work
	556N.	Power of court where offender convicted of further offence
	556P.	Apprehension of offender about to leave Territory
	556Q.	Power of court re offender about to leave Territory
	556R.	Effect of compliance with, or revocation of, certain community service orders
	556S.	Service of documents 
	556T.	Power of court where offender apprehended under this Part 
	556U.	Power of court in certain circumstances upon revoking community service order
	556V.	Discharge of community service order
	556W.	Jurisdiction of Supreme Court
PART XVI—MISCELLANEOUS ENACTMENTS
	563.	Protection of persons acting under this Act
	564.	No Court fees to be taken in criminal cases
	565.	Power of Courts to bring prisoners before them
	566.	Witnesses neglecting to attend trial and captured under warrant may be admitted to bail
	567.	Supreme Court Judges may prescribe forms of indictments, &c.
	574.	Prosecutions for blasphemy
	577.	Change of venue
SCHEDULES
FIRST SCHEDULE
Repeal of Acts
THIRD SCHEDULE
Forms
SCHEDULE 5
Forms
SIXTH SCHEDULE
List of other alleged offences

Australian Capital Territory

crimes act, 1900
(New South Wales)
As amended in its application to the Australian Capital Territory by Laws
of the Territory

An Act to consolidate the Statutes relating to Criminal Law
PART I 
PRELIMINARY AND INTERPRETATION
Short title
1. This Act may be cited as the Crimes Act, 1900. 1
Repeals and savings 
2.  (1)  The Acts mentioned in the First Schedule hereto are, to the extent therein expressed, hereby repealed, except as to offences committed and things done or commenced before the passing of this Act, which shall be dealt with and continued, and in respect of which every right and liability shall remain as if this Act had not been passed.
(2)  All persons appointed under any Act, or section of an Act, hereby repealed, and holding office at the time of the passing of this Act, shall be deemed to have been appointed hereunder.
Application 
3.  The provisions of this Act, in so far as they can be applied, shall be in force with respect to all offences, whether at Common Law or by Statute, whensoever committed and in whatsoever Court tried.
Interpretation 
4.  (1)  In this Act, unless the context or subject-matter otherwise indicates or requires—
	“Banker” includes every director or manager of any banking company, whether incorporated or not, or of any branch thereof, and every person carrying on the business of a banker.
	“Counsel” includes attorneys.
	“Court” and “Judge” respectively shall be equally taken to mean the Court in which or the  Judge before whom the trial or proceeding is had in respect of which either word is used.
	“Director of Public Prosecutions” means—
	(a)	the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1990; or
	(b)	the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1983 of the Commonwealth;
		as the case requires.
	“Document of title to goods” includes every bill of lading, India warrant, dock warrant, warehouse-keeper’s certificate, warrant, or order for the delivery or transfer of any goods or valuable thing, and every bought and sold note or document used in the ordinary course of business as proof of the possession or control of goods, or purporting to authorise by indorsement or delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to. 
	“Document of title to land” includes every deed, certificate of title, map, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or part of the title, to any real estate or to any interest in or out of real estate. 
	“Grievous bodily harm” includes any permanent or serious disfiguring of the person. 
	“Indictment” includes any information presented or filed as provided by law for the prosecution of offences. 
	“Judge”—see “Court”. 
	“law of the Territory” includes a continued State law but does not include an Act of the Parliament of the Commonwealth or Regulations under such an Act. 
	“Loaded arms” means any firearm, air-gun or air-pistol that is loaded with any projectile or missile, whether or not the firearm, air-gun or air-pistol is capable of being discharged. 
	“motor vehicle” means a vehicle that runs on wheels (not being an aircraft or a vehicle used on a railway) and that uses or is designed to use any power other than human or animal power as its principal means of propulsion; 
	“Offensive weapon” and “offensive weapon or instrument” includes an imitation or replica of an offensive weapon, or of an offensive weapon or an instrument, as the case may be. 
	“officer”, in relation to a body corporate or public company, includes a person who has been appointed or who acts as an auditor of the body corporate or public company; 
	“Person, Master, and Employer” severally include, any society, company, or corporation. 
	“Telegraph” includes telephones. 
	“the Crimes Act” means the Crimes Act, 1900, of the State of New South Wales in its application in the Australian Capital Territory; 
	“Trustee” means a trustee on some express trust howsoever created, and includes the heir or personal representative of such trustee, and every other person upon whom the duty of such trust shall have devolved, and also any official manager, assignee, liquidator, or other like officer, acting under any Act relating to joint stock companies or to bankruptcy or insolvency. 
	“Vessel” means any ship or vessel used in or intended for navigation, not being an undecked boat. 
	“Weapon” and “weapon or instrument” includes an imitation or replica of a weapon, or of a weapon or an instrument, as the case may be.
(2)  For the purposes of this Act, a firearm, air-gun or air-pistol that is unlawfully presented at a person shall, unless the contrary is proved, be deemed to be loaded arms.
(3)  In any provision of this Act relating to an offence, a reference to the jury shall, where a person charged with that offence is dealt with summarily, be read as a reference to the Magistrate.
“Public place”,  &c. 
8.  Where, by this or any other Act, any offence, conduct, or language, in a public place, or open and public place, or place of public resort, is made punishable, or a person guilty thereof is made liable by apprehension, the place shall be deemed public for the purposes of the enactment or taken to be otherwise within its meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private, was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.
Abolition of distinctions between felony and misdemeanour 
9.  All distinctions between felony and misdemeanour are hereby abolished.
PART III—OFFENCES AGAINST THE PERSON
When child born alive
10.  For the purposes of this Part, a child shall be taken to have been born alive if he or she has breathed and has been wholly born, whether or not he or she has had an independent circulation.
Cause of death, or death, occurring outside the Territory
11.  Where, in respect of a homicide:
	(a)	the death occurred within the Territory but the cause of death occurred outside the Territory; or
	(b)	the death occurred outside the Territory but the cause of death occurred within the Territory;
the matter may be dealt with in all respects as if both the cause of death and the death had occurred within the Territory.
Murder
12.  (1)  A person commits murder if he or she causes the death of another person:
	(a)	intending to cause the death of any person; or
	(b) 	with reckless indifference to the probability of causing the death of any person.
(2)  A person who commits murder is guilty of an offence punishable, on conviction, by imprisonment for life.
Trial for murder—provocation
13.  (1)  Where, on a trial for murder:
	(a)	it appears that the act or omission causing death occurred under provocation; and
	(b)	but for this subsection and the provocation, the jury would have found the accused guilty of murder;
the jury shall acquit the accused of murder and find him or her guilty of manslaughter.
(2)  For the purposes of subsection (1), an act or omission causing death shall be taken to have occurred under provocation where:
	(a)	the act or omission was the result of the accused’s loss of self-control induced by any conduct of the deceased (including grossly insulting words or gestures) towards or affecting the accused; and
	(b)	the conduct of the deceased was such as could have induced an ordinary person in the position of the accused to have so far lost self-control:
	(i)	as to have formed an intent to kill the deceased; or
	(ii)	as to be recklessly indifferent to the probability of causing the deceased’s death;
whether that conduct of the deceased occurred immediately before the act or omission causing death or at any previous time.
(3)  For the purpose of determining whether an act or omission causing death occurred under provocation, there is no rule of law that provocation is negatived if:
	(a)	there was not a reasonable proportion between the act or omission causing death and the conduct of the deceased that induced the act or omission;
	(b)	the act or omission causing death did not occur suddenly; or
	(c)	the act or omission causing death occurred with any intent to take life or inflict grievous bodily harm.
(4)  Where, on a trial for murder, there is evidence that the act or omission causing death occurred under provocation, the onus of proving beyond reasonable doubt that the act or omission did not occur under provocation lies on the prosecution.
(5)  This section does not exclude or limit any defence to a charge of murder.
Trial for murder—diminished responsibility
14.  (1)  A person on trial for murder shall not be convicted of murder if, when the act or omission causing death occurred, the accused was suffering from an abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent cause or whether it was induced by disease or injury) that substantially impaired his or her mental responsibility for the act or omission.
(2)  An accused has the onus of proving that he or she is, by virtue of subsection (1), not liable to be convicted of murder.
(3)  A person who, but for subsection (1), would be liable (whether as principal or accessory) to be convicted of murder is liable to be convicted of manslaughter.
(4)  The fact that a person is, by virtue of subsection (1), not liable to be convicted of murder does not affect the question whether any other person is liable to be convicted of murder in respect of the same death.
(5)  Where, on a trial for murder, the accused contends:
	(a)	that he or she is entitled to be acquitted on the ground that he or she was mentally ill at the time of the act or omission causing the death; or
	(b)	that he or she is, by virtue of subsection (1), not liable to be convicted of murder;
the prosecution may offer evidence tending to prove the other of those contentions and the court may give directions as to the stage of the proceedings at which that evidence may be offered.
Manslaughter
15.  (1)  Except where a law expressly provides otherwise, an unlawful homicide that is not, by virtue of section 12, murder shall be taken to be manslaughter.
(2)  A person who commits manslaughter is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
Suicide etc.—not an offence
16.  The rule of law that it is an offence for a person to commit, or to attempt to commit, suicide is abolished.
Suicide—aiding etc.
17.  (1)  A person who aids or abets the suicide or attempted suicide of another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(2)  Where:
	(a)	a person incites or counsels another person to commit suicide; and
	(b)	the other person commits, or attempts to commit, suicide as a consequence of that incitement or counselling;
the first-mentioned person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Prevention of suicide
18.  It is lawful for a person to use such force as is reasonable to prevent the suicide of another person or any act which the person believes on reasonable grounds would, if committed, result in the suicide of another person.
Intentionally inflicting grievous bodily harm
19.  A person who intentionally inflicts grievous bodily harm on another person is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
Recklessly inflicting grievous bodily harm
20.  A person who recklessly inflicts grievous bodily harm on another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Wounding
21.  A person who intentionally wounds another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Assault with intent to commit certain indictable offences
22.  A person who assaults another person with intent to commit another offence against this Part punishable by imprisonment for a maximum period of 5 years or longer is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Inflicting actual bodily harm
23.  A person who intentionally or recklessly inflicts actual bodily harm on another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Assault occasioning actual bodily harm
24.  A person who assaults another person and thereby occasions actual bodily harm is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Causing grievous bodily harm
25.  A person who, by any unlawful or negligent act or omission, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 2 years.
Common assault
26.  A person who assaults another person is guilty of an offence punishable, on conviction, by imprisonment for 2 years.
Acts endangering life etc.
27.  (1)  In this section:
“conveyance” means a vehicle (including an aircraft) or vessel of a kind used for transporting persons, animals or goods;
“public utility service” means:
	(a)	the supply of electricity, gas or water;
	(b)	the supply of fuel; or
	(c)	the collection and disposal of sewerage and other waste;
as a service to the public;
“transport facility” means a facility provided to permit the transportation of persons, animals or goods, whether by air or over land or water, or provided in connection with such transportation.
(2)  For the purposes of paragraph (3) (g), an interference shall be taken to include any act or omission which, whether temporarily or permanently, damages, renders inoperative, obstructs, causes to malfunction or puts to an improper purpose.
(3)  A person who intentionally and unlawfully:
	(a)	chokes, suffocates or strangles another person so as to render that person insensible or unconscious or, by any other means, renders another person insensible or unconscious;
	(b)	administers to, or causes to be taken by, another person any stupefying or overpowering drug or poison or any other injurious substance likely to endanger human life or cause a person grievous bodily harm;
	(c)	uses against another person any offensive weapon likely to endanger human life or cause a person grievous bodily harm;
	(d)	discharges any loaded arms at another person or so as to cause another person reasonable apprehension for his or her safety;
	(e)	causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances likely to endanger human life or cause a person grievous bodily harm;
	(f)	sets a trap or device for the purpose of creating circumstances likely to endanger human life or cause a person (including a trespasser) grievous bodily harm; or
	(g)	interferes with any conveyance or transport facility or any public utility service in circumstances likely to endanger human life or cause a person grievous bodily harm;
is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(4)  A person who does an act referred to in subsection (3):
	(a)	intending to commit an indictable offence against this Part punishable by imprisonment for a maximum period exceeding 10 years;
	(b)	intending to prevent or hinder his or her lawful apprehension or detention or that of another person; or
	(c)	intending to prevent or hinder a police officer from lawfully investigating an act or matter which reasonably calls for investigation by the officer;
is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
Acts endangering health etc.
28.  (1)  In this section, “conveyance”, “interferes with”, “public utility service” and “transport facility” have the same meanings as in section 27.
(2)  A person who intentionally and unlawfully:
	(a)	administers to, or causes to be taken by, another person any poison or other injurious substance with intent to injure or cause pain or discomfort to that person;
	(b)	causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances dangerous to the health, safety or physical well-being of another person;
	(c)	sets a trap or device for the purpose of creating circumstances dangerous to the health, safety or physical well-being of another person (including a trespasser); or
	(d)	interferes with any conveyance or transport facility or any public utility service in circumstances dangerous to the health, safety or physical well-being of another person;
is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Culpable driving of motor vehicle
29.  (1)  In this section:
“drug” has the same meaning as in the Motor Traffic (Alcohol and Drugs) Act 1977;
“motor vehicle” has the same meaning as in the Motor Traffic Act 1936.
(2)  A person who, by the culpable driving of a motor vehicle, causes the death of another person is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
(3)  A person who, by the culpable driving of a motor vehicle, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 4 years.
(4)  For the purposes of this section, a person shall be taken to drive a motor vehicle culpably if the person drives the vehicle:
	(a)	negligently; or
	(b)	while under the influence of alcohol, or a drug, to such an extent as to be incapable of having proper control of the vehicle.
(5)  For the purposes of this section, a person shall be taken to drive a motor vehicle negligently if the person fails unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case.
(6)  An information or indictment for an offence against subsection (2) or (3) shall specify the nature of the culpability, within the meaning of subsection (4), that is alleged.
(7)  Nothing in subsection (6) renders inadmissible in proceedings for an offence against subsection (2) or (3) evidence that, apart from that subsection, would be admissible in the proceedings.
(8)  Nothing in this section affects:
	(a)	the liability of a person to be convicted of murder or manslaughter or any other offence; or
	(b)	the punishment that may be imposed for such an offence.
(9)  A person who has been convicted or acquitted of an offence against subsection (2) or (3) is not liable to be convicted of any other offence against this Act on the same facts or on substantially the same facts.
(10)  Subject to section 47, a person is not liable to be convicted of an offence against subsection (2) or (3) if the person has been convicted or acquitted of any other offence on the same facts or on substantially the same facts.
Threat to kill
30.  Where:
	(a)	a person makes a threat to another person to kill that other person or any third person:
	(i)	intending that other person to fear that the threat would be carried out; or
	(ii)	being reckless whether or not that other person would fear that the threat would be carried out; and
	(b)	the threat is made:
	(i)	without lawful excuse; and
	(ii)	in circumstances in which a reasonable person would fear that the threat would be carried out;
the first-mentioned person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Threat to inflict grievous bodily harm
31.  Where:
	(a)	a person makes a threat to another person to inflict grievous bodily harm on that other person or any third person—
	(i)	intending that other person to fear that the threat would be carried out; or
	(ii)	being reckless whether or not that other person would fear that the threat would be carried out; and
	(b)	the threat is made:
	(i)	without lawful excuse; and
	(ii)	in circumstances in which a reasonable person would fear that the threat would be carried out;
the first-mentioned person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Demands accompanied by threats
32.  (1) A person who:
	(a)	makes a demand of another person;
	(b)	resists, prevents or hinders his or her lawful apprehension or detention, or that of another person; or
	(c) 	prevents or hinders a police officer from lawfully investigating any act or matter which reasonably calls for investigation by the officer;
with a threat to kill or inflict grievous bodily harm on a person (other than the offender or an accomplice of the offender) is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
(2)  A person who:
	(a)	makes a demand of another person;
	(b)	resists, prevents or hinders his or her lawful apprehension or detention, or that of another person; or
	(c) 	prevents or hinders a police officer from lawfully investigating any act or matter which reasonably calls for investigation by the officer;
with a threat to endanger the health, safety or physical well-being of a person (other than the offender or an accomplice of the offender) is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Possession of object with intent to kill etc.
33.  A person who:
	(a)	has possession of an object capable of causing harm to another person; and
	(b)	intends to use the object, or to cause or permit another person to use the object, unlawfully to kill another person or cause grievous bodily harm to another person;
is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Forcible confinement
34.  A person who unlawfully confines or imprisons another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Torture
35.  (1)  In this section, “act of torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
	(a)	for such purposes as:
	(i)	obtaining from the person or from a third person information or a confession;
	(ii)	punishing the person for an act which that person or a third person has committed or is suspected of having committed; or
	(iii)	intimidating or coercing the person or a third person; or
	(b)	for any reason based on discrimination of any kind;
but does not include any such act arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights (being the Covenant a copy of the English text of which is set out in Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986 of the Commonwealth).
(2)  A person who:
	(a)	is a public official or acting in an official capacity; or
	(b)	is acting at the instigation, or with the consent or acquiescence, of a public official or a person acting in an official capacity;
and who commits an act of torture is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Abduction of young person
36.  A person who unlawfully takes, or causes to be taken, an unmarried person under the age of 16 years out of the lawful control and against the will of a person having lawful control of the unmarried person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Kidnapping
37.  A person who leads, takes or entices away or detains a person with intent to hold that person for ransom or for any other advantage to any person is guilty of an offence punishable, on conviction, by:
	(a)	if that other person suffers any grievous bodily harm while being so led, taken or enticed away, or detained—imprisonment for 20 years; or
	(b)	in any other case—imprisonment for 15 years.
Unlawfully taking child etc.
38.  A person who, by force or deception, leads, takes or entices away or detains a child under the age of 12 years:
	(a)	intending unlawfully to deprive another person of the lawful control of the child; or
	(b)	intending to steal any article on or about the person of the child;
is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Exposing or abandoning child
39.  A person who unlawfully abandons or exposes a child under the age of 2 years and thereby endangers the life or health of the child is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Child destruction
40.  A person who unlawfully and, either intentionally or recklessly, by any act or omission occurring in relation to a childbirth and before the child is born alive:
	(a)	prevents the child from being born alive; or
	(b)	contributes to the child’s death;
is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
Childbirth—grievous bodily harm
41.  A person who unlawfully and, either intentionally or recklessly, by any act or omission occurring in relation to a childbirth and before the child is born alive, inflicts grievous bodily harm on the child, is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Procuring own miscarriage
42.  A pregnant woman who unlawfully:
	(a)	administers to herself any drug or noxious thing; or
	(b)	uses any instrument or other means;
intending to procure her own miscarriage is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Procuring another’s miscarriage
43.  A person who, unlawfully and with intent to procure a woman’s miscarriage (whether or not she is pregnant):
	(a)	administers a drug to the woman or causes a drug to be taken by the woman; or
	(b)	uses any instrument or other means;
is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Procuring drugs etc. to procure miscarriage
44.  A person who supplies or procures any drug or noxious thing or any instrument or other thing, knowing that it is intended to be used unlawfully with intent to procure the miscarriage of a woman (whether pregnant or not) is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Concealment of birth
45.  (1)  A person who disposes of the dead body of a child (whether or not the child was born alive) with intent to conceal the child’s birth is guilty of an offence punishable, on conviction, by imprisonment for 2 years.
(2)  It is a defence to a charge for an offence against subsection (1) if the accused satisfies the court or jury that the body disposed of had issued from the mother’s body before the end of the 28th week of pregnancy.
Misconduct with regard to corpses
46.  A person who:
	(a)	indecently interferes with any dead human body; or
	(b)	improperly interferes with, or offers any indignity to, any dead human body or human remains (whether buried or not);
is guilty of an offence punishable, on conviction, by imprisonment for 2 years.
Alternative verdicts
47.  Where, on a trial for an offence against a provision specified in column 1 in an item in the following table, the jury is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence against a provision specified in column 3 in that item, it may find the accused not guilty of the offence charged but guilty of the offence against the provision specified in column 3:

Col 1	Col 2	Col 3
Item	Offence charged	Alternative offences
1	Subsection 12 (2)	(a)  Subsection 15 (2)
	(Murder)	(b)  Subsection 17 (1)
		(c)  Subsection 17 (2)
		(d)  Section 40
		(e)  Subsection 45 (1)
2	Subsection 15 (1)	(a)  Subsection 17 (1)
	(Manslaughter)	(b)  Subsection 17 (2)
		(c)  Section 20
		(d)  Section 25
		(e)  Subsection 29 (2)
		(f)  Section 40
		(g)  Subsection 45 (1)
3	Section 19	(a)  Section 20
	(Intentionally inflicting 	(b)  Section 21
	grievous bodily harm)	(c)  Section 23
		(d)  Section 41
4	Section 20	(a)  Section 23
	(Recklessly inflicting 	(b)  Section 25
	grievous bodily harm)	(c)  Subsection 29 (3)
		(d)  Section 41
5	Section 21 	(a)  Section 23
	(Wounding)	(b)  Section 24
		(c)  Section 26
6	Subsection 22 (2)	Section 26
	(Assault with intent to
	commit indictable offence)
7	Section 24	Section 26
	(Assault occasioning
	actual bodily harm)
8	Paragraph 27 (3) (b)	Paragraph 28 (2) (a)
	(Administering drugs
	etc. endangering
	life etc.)
9	Paragraph 27 (3) (e)	Paragraph 28 (2) (b)
	(Causing explosions
	etc. endangering
	life etc.)

Col 1	Col 2	Col 3
Item	Offence charged	Alternative offences
10	Paragraph 27 (3) (f)	Paragraph 28 (2) (c)
	(Setting traps
	endangering life etc.)
11	Paragraph 27 (3) (g)	Paragraph 28 (2) (d)
	(Interfering with
	conveyances and endangering
	life etc.)	

PART IIIA
SEXUAL OFFENCES
Interpretation
92.  In this Part, “sexual intercourse” means—
	(a)	the penetration, to any extent, of the vagina or anus of a person by any part of the body of another person, except where that penetration is carried out for a proper medical purpose or is otherwise authorized by law; 
	(b)	the penetration, to any extent, of the vagina or anus of a person by an object, being penetration carried out by another person, except where that penetration is carried out for a proper medical purpose or is otherwise authorized by law; 
	(c)	the introduction of any part of the penis of a person into the mouth of another person; 
	(d)	cunnilingus; or 
	(e)	the continuation of sexual intercourse as defined in paragraph (a), (b), (c) or (d).
Sexual assault in the first degree 
92A.  (1)  A person who inflicts grievous bodily harm upon another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years.
(2)  A person who, acting in company with any other person, inflicts, or assists in inflicting, grievous bodily harm upon a third person with the intent that the first-mentioned person, or any person with whom he or she is in company, should engage in sexual intercourse with that third person, or with any other person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
Sexual assault in the second degree 
92B.  (1)  A person who inflicts actual bodily harm upon another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
(2)  A person who, acting in company with any other person, inflicts, or assists in inflicting, actual bodily harm upon a third person with the intent that the first-mentioned person, or any person with whom he or she is in company, should engage in sexual intercourse with that third person, or with any other person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years.
Sexual assault in the third degree 
92C.  (1)  A person who unlawfully assaults, or threatens to inflict grievous or actual bodily harm upon, another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 12 years.
(2)  A person who, acting in company with any other person, unlawfully assaults, or threatens to inflict grievous or actual bodily harm upon, a third person with the intent that the first-mentioned person, or any person with whom he or she is in company, should engage in sexual intercourse with that third person, or with any other person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
Sexual intercourse without consent 
92D.  (1)  A person who engages in sexual intercourse with another person without the consent of that other person and who knows that that other person does not consent, or who is reckless as to whether that other person consents, to the sexual intercourse is guilty of an offence punishable, on conviction, by imprisonment for 12 years.
(2)  A person who, acting in company with any other person, engages in sexual intercourse with another person without the consent of that other person and who knows that that other person does not consent, or who is reckless as to whether that other person consents, to the sexual intercourse is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
Sexual intercourse with young person 
92E.  (1)  A person who engages in sexual intercourse with another person who is under the age of 10 years is guilty of an offence punishable, on conviction, by imprisonment for 17 years.
(2)  A person who engages in sexual intercourse with another person who is of or above the age of 10 years but under the age of 16 years is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
(3)  It is a defence to a prosecution for an offence under sub-section (2) if the defendant establishes that—
	(a)	he or she believed on reasonable grounds that the person upon whom the offence is alleged to have been committed was of or above the age of 16 years; or 
	(b)	at the time of the alleged offence, the defendant was not more than 2 years older than the person upon whom the offence is alleged to have been committed,
and that that person consented to the sexual intercourse.
Act of indecency in the first degree 
92F.  A person who inflicts grievous bodily harm upon another person with intent to commit an act of indecency upon, or in the presence of, that other person, or a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
Act of indecency in the second degree 
92G.  A person who inflicts actual bodily harm upon another person with intent to commit an act of indecency upon, or in the presence of, that other person, or a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 12 years.
Act of indecency in the third degree 
92H.  A person who unlawfully assaults, or threatens to inflict grievous or actual bodily harm upon, another person with intent to commit an act of indecency upon, or in the presence of, that other person, or a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Act of indecency without consent 
92J.  (1)  A person who commits an act of indecency upon, or in the presence of, another person without the consent of that person and who knows that that other person does not consent, or who is reckless as to whether that other person consents, to the committing of the act of indecency is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)  A person who, acting in company with any other person, commits an act of indecency upon, or in the presence of, another person without the consent of that other person and who knows that that other person does not consent, or who is reckless as to whether that other person consents, to the committing of the act of indecency is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
Acts of indecency with young persons 
92K.  (1)  A person who commits an act of indecency upon, or in the presence of, another person who is under the age of 10 years is guilty of an offence punishable, on conviction, by imprisonment for 12 years.
(2)  A person who commits an act of indecency upon, or in the presence of, another person who is of or above the age of 10 years but under the age of 16 years is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(3)  It is a defence to a prosecution for an offence under sub-section (2) if the defendant establishes that—
	(a)	he or she believed on reasonable grounds that the person upon whom the offence is alleged to have been committed was of or above the age of 16 years; or 
	(b)	at the time of the alleged offence, the defendant was not more than 2 years older than the person upon whom the offence is alleged to have been committed,
and that that person consented to the committing of the act of indecency.
Incest and similar offences 
92L.  (1)  A person who engages in sexual intercourse with another person, being a person who is under the age of 10 years and who is, to the knowledge of the first-mentioned person, his or her lineal descendant, sister, half-sister, brother, half-brother or step-child, is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
(2)  A person who engages in sexual intercourse with another person, being a person who is of or above the age of 10 years but under the age of 16 years and who is, to the knowledge of the first-mentioned person, his or her lineal descendant, sister, half-sister, brother, half-brother or step-child, is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
(3)  A person who engages in sexual intercourse with another person, being a person who is of or above the age of 16 years and who is, to the knowledge of the first-mentioned person, his or her lineal ancestor, lineal descendant, sister, half-sister, brother or half-brother, is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(5)  A person shall not be convicted of an offence under sub-section (2) or (3) if there is evidence that he or she engaged in the act alleged to constitute the offence under the coercion of the person with whom the offence is alleged to have been committed unless that evidence is rebutted by the Crown.
(6)  A person charged with an offence under this section shall, unless there is evidence to the contrary, be presumed to have known at the time of the alleged offence that he or she and the person with whom the offence is alleged to have been committed were related in the manner charged.
(7)  In this section, “step-child”, in relation to a person, means a person in relation to whom the first-mentioned person stands in loco parentis.
Abduction 
92M.  A person who abducts another person by force or by any other means or who unlawfully detains another person with the intent that the other person should engage in sexual intercourse with the first-mentioned person or with a third person (whether within the Territory or otherwise) is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Employment of young person for prostitution 
92N.  A person who employs, or permits to be employed, a person who is under the age of 16 years for the purposes of prostitution is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Employment of young persons for pornographic purposes 
92NA.  (1) A person who employs or permits the employment, whether for reward or not, of a person who is under the age of 16 years (in this section referred to as the “young person”)—
	(a)	to engage in an act of a sexual nature, or to be in the presence of another person who is engaged in an act of a sexual nature, being an act that would, in the circumstances, offend a reasonable adult person; or 
	(b)	for the purpose of depicting or otherwise representing, by means of a film, photograph, drawing, audio tape, video tape or any other means, the young person as being engaged in, or as being in the presence of another person engaged in, an act of a sexual nature where the depiction or other representation of the young person in those circumstances would offend a reasonable adult person,
is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(2)  In sub-section (1), “an act of a sexual nature” means sexual intercourse or an act of indecency.
Consent 
92P.  (1)  For the purposes of section 92D, paragraph 92E (3) (b), section 92J and paragraph 92K (3) (b) and without limiting the grounds upon which it may be established that consent is negated, the consent of a person to sexual intercourse with another person, or to the committing of an act of indecency by or with another person, is negated if that consent is caused—
	(a)	by the infliction of violence or force on the person, or on a third person who is present or nearby; 
	(b)	by a threat to inflict violence or force on the person, or on a third person who is present or nearby; 
	(c)	by a threat to inflict violence or force on, or to use extortion against, the person or another person; 
	(d)	by a threat to publicly humiliate or disgrace, or to physically or mentally harass, the person or another person; 
	(e)	by the effect of intoxicating liquor, a drug or an anaesthetic; 
	(f)	by a mistaken belief as to the identity of that other person; 
	(g)	by a fraudulent misrepresentation of any fact made by the other person, or by a third person to the knowledge of the other person; 
	(h)	by the abuse by the other person of his position of authority over, or professional or other trust in relation to, the person; 
	(i)	by the person’s physical helplessness or mental incapacity to understand the nature of the act in relation to which the consent is given; or 
	(j)	by the unlawful detention of the person.
(2)  A person who does not offer actual physical resistance to sexual intercourse shall not, by reason only of that fact, be regarded as consenting to the sexual intercourse.
(3)  Where it is established that a person who knows the consent of another person to sexual intercourse or the committing of an act of indecency has been caused by any of the means set out in paragraphs (1) (a) to (j) (inclusive), the person shall be deemed to know that the other person does not consent to the sexual intercourse or the act of indecency, as the case may be.
Sexual intercourse—persons not to be presumed incapable by reason of age 
92Q.  (1)  For the purposes of this Part, a person shall not, by reason only of his or her age, be presumed to be incapable of engaging in sexual intercourse with another person.
(2)  Sub-section (1) shall not be construed so as to affect the operation of any law relating to the age at which a child can be found guilty of an offence.
Marriage no bar to conviction 
92R.  The fact that a person is married to a person upon whom an offence under section 92D is alleged to have been committed shall be no bar to the conviction of the first-mentioned person for the offence.
Alternative verdicts 
92S.  (1)  Where, on the trial of a person for an offence under sub-section 92A (1) or (2) or section 92F, the jury is satisfied that the accused inflicted actual bodily harm with the intent charged but is not satisfied that the harm was grievous bodily harm, it may find the accused not guilty of the offence charged but guilty of an offence under sub-section 92B (1) or (2) or section 92G, as the case requires.
(2)  Where, on the trial of a person for an offence under sub-section 92A (2), 92B (2), 92C (2), 92D (2) or 92J (2), the jury is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence under section 92A (1), 92B (1), 92C (1), 92D (1) or 92J (1), it may find the accused not guilty of the offence charged but guilty of an offence under sub-section 92A (1), 92B (1), 92C (1), 92D (1) or 92J (1), as the case requires.
(3)  Where, on the trial of a person for an offence under sub-section 92A (1) or (2) or section 92F, the jury is satisfied that the accused inflicted grievous bodily harm but is not satisfied that he or she did so with the intent charged, it may find the accused not guilty of the offence charged but guilty of an offence under section 19, 20 or 25.
(4)  Where, on the trial of a person for an offence under sub-section 92B (1) or (2) or section 92G, the jury is satisfied that the accused inflicted actual bodily harm but is not satisfied that he or she did so with the intent charged, it may find the accused not guilty of the offence charged but guilty of an offence under section 24.
Adding count for act of indecency 
92T.  In an indictment for an offence under section 92D a count may be added for an offence under section 92J.
Indictment for act of indecency 
92U.  In an indictment for an offence under section 92J or 92K it shall not be necessary to describe the act constituting the act of indecency with which the accused is charged.
PART IV—OFFENCES RELATING TO PROPERTY 
Division 1—Interpretation 
Interpretation 
93.  In this Part, unless the contrary intention appears—
	“blackmail” means an offence under section 112; 
	“burglary” means an offence under section 102; 
	“deception” means any deception (whether deliberate or reckless) by words or conduct as to any matter of fact or law, and includes a deception as to the intentions of any person; 
	“explosive” means a substance or an article that is manufactured for the purpose of producing an explosion or that is intended by any person having it with him or her to be used for that purpose; 
	“firearm” includes an air-gun and an air-pistol; 
	“gain” means a gain of any property, whether temporary or permanent, and includes the keeping by a person of any property that he or she already has; 
	“handling”, in relation to stolen property, means an offence against section 113; 
	“imitation explosive” means an article, not being an explosive, which has the appearance of being or containing, or which may reasonably be taken to be or to contain, an explosive; 
	“imitation firearm” means an article, not being a firearm, which has the appearance of being a firearm, or which may reasonably be taken to be a firearm;  
	“instrument” means—
	(a)	a document, whether of a formal or informal character; 
	(b)	a card by means of which property or credit can be obtained; and 
	(c)	a disc, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means; 
	“loss” means a loss of any property, whether temporary or permanent, and includes the failure by a person to receive any property he or she might otherwise have received; 
	“offensive weapon” means an article made or adapted for use for the purpose of causing injury to or incapacitating a person or which any person having it with him or her intends to use for that purpose; 
	“property” means any real or personal property and includes—
	(a)	a chose in action and any other intangible property, other than an incorporeal hereditament; 
	(b)	a wild animal that is tamed or ordinarily kept in captivity; and 
	(c)	a wild animal that is not tamed nor ordinarily kept in captivity but that is—
	(i)	reduced into the possession of a person who has not lost or abandoned that possession; or 
	(ii)	in the course of being reduced into the possession of a person; 
	“robbery” means an offence under section 100; 
	“theft” means an offence under section 99.
Stealing—interpretation 
94.  For the purposes of this Part, a person shall be taken to steal if he or she dishonestly appropriates property belonging to another person with the intention of permanently depriving that other person of that property.
Property belonging to another—interpretation 
95.  (1)  For the purposes of this Part, property shall be taken as belonging to any person who has possession or control of it or who has any proprietory right or interest in it (other than an equitable interest arising only from any agreement to transfer or grant an interest).
(2)  Where any property is subject to a trust, a person having a right to enforce the trust shall be taken, for the purposes of this Part, to be a person to whom the property belongs and an intention to defeat the trust shall be treated as an intention to deprive any person having that right to the property.
(3)  Where a person receives any property from or on account of another person and is under a legal obligation to that other person to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall, for the purposes of this Part, be taken (as against the first-mentioned person) to be property belonging to that other person.
(4)  Where a person obtains any property by the mistake of another person and is under a legal obligation to make restoration, in whole or in part, of the property or of the value of the property, the property or its proceeds shall, for the purposes of this Part, be taken (to the extent of that obligation and as against the first-mentioned person) to belong to the person entitled to the restoration and an intention not to make restoration shall be treated as an intention to deprive that person of that property.
(5)  The property of a corporation sole shall, for the purposes of this Part, be taken to belong to the corporation notwithstanding any vacancy in the corporation.
Appropriation and dishonest appropriation—interpretation 
96.  (1)  For the purposes of this Part, a person shall be taken to have appropriated property if—
	(a)	he or she obtains by deception the ownership, possession or control of the property for himself or for any other person; or 
	(b)	he or she adversely interferes with or usurps any of the rights of an owner of the property.
(2)  A person who has come by any property (whether innocently or not) without stealing it shall be taken to have adversely interfered with or usurped the rights of an owner of the property for the purpose of paragraph (1) (b) if he or she later keeps or deals with it as the owner.
(3)  For the purposes of this Part, a person may be taken to dishonestly appropriate property belonging to another person notwithstanding that the first-mentioned person is willing to pay for the property.
(4)  For the purposes of this Part, the appropriation by a person of property belonging to another person shall not be regarded as dishonest if—
	(a)	he or she appropriates the property in the belief that he or she has a lawful right to deprive the other person of the property on behalf of himself or herself or of a third person; 
	(b)	he or she appropriates the property in the belief that the appropriation will not thereby cause any significant practical detriment to the interests of the person to whom the property belongs in relation to that property; 
	(c)	he or she appropriates the property in the belief that the other person would consent to the appropriation if the other person knew of it and of the circumstances in which it was done; or 
	(d)	in the case of property other than property held by the person as trustee or personal representative—he or she appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
(5)  Where a person acting in good faith believes himself or herself to be acquiring a right or interest in property that is or purports to be transferred for value to him or her, no later adverse interference with or usurpation of the rights in the property by the person shall, by reason of any defect in the title of the transferor, be taken to be a dishonest appropriation of the property.
Intention to deprive permanently—interpretation 
97.  (1)  A person who appropriates property belonging to another person shall be taken, for the purposes of this Part, as having the intention to deprive the other person of that property permanently if his or her intention is to treat the property as his or her own to dispose of regardless of the rights of the other person.
(2)  For the purposes of sub-section (1), a person shall be taken to have an intention to treat property as his or her own to dispose of regardless of the rights of any other person to whom the property belongs if he or she borrows or lends the property for such a period and in such circumstances as to make the borrowing or lending equivalent to treating the property as his or her own.
(3)  Without limiting the generality of sub-section (1), where a person who has possession or control (whether lawfully or not) of any property belonging to another person parts with that property for his or her own purposes and without the authority of the other person under a condition as to its return, being a condition that the first-mentioned person may not be able to perform, the first-mentioned person shall, for the purposes of this Part, be taken to have treated the property as his or her own to dispose of regardless of the rights of the other person.
(4) Notwithstanding anything in this section, a person who appropriates a sum of money belonging to another person shall not be taken to have intended to deprive the other person of the money permanently by reason only of the fact that he or she did not, at the time of the appropriation, intend to return the money in specie.
Stolen property—interpretation 
98.  (1)  In this Part, a reference to stolen property shall be read as a reference to—
	(a)	any property that, before or after the commencement of the Crimes (Amendment) Ordinance (No. 2) 1986, was—
	(i)	stolen, or obtained by blackmail, in the Territory; or 
	(ii)	unlawfully taken or obtained in any place outside the Territory under such circumstances that if the taking or obtaining had occurred in the Territory it would, at the time it occurred, have constituted an offence under the law of the Territory, 
		whether or not the property is in the state it was in when it was so stolen, taken or obtained; 
	(b)	any part of any property of the kind referred to in paragraph (a); and 
	(c)	any other property in the hands of the thief or of a handler of the stolen property (or any part of it), being the proceeds of any disposal or realization—
	(i)	of the whole or part of the stolen property; or 
	(ii)	of any other proceeds of any earlier disposal or  realization of that property.
(2)  In this Part, a reference to a thief, in relation to stolen property, shall be read as including a reference to a person who obtained the property by blackmail.
(3)  For the purposes of this Part, where—
	(a)	stolen property is restored to the person from whom it was stolen or to any other person entitled to lawful possession or custody; or 
	(b)	the person from whom stolen property was stolen and any other person claiming from that person have otherwise ceased to have any right to restitution in respect of that property,
the property shall cease to be taken to be stolen property within the meaning of this Part.
Division 2—Theft and related offences
Theft 
99.  A person who steals is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Robbery 
100.  (1)  A person who steals and, immediately before or at the time of doing so, and in order to do so, uses force on another person, or puts or seeks to put another person in fear that he or she or any other person will be then and there subjected to force, is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
(2)  A person who assaults another person with intent to rob is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
Armed robbery 
101.  A person who  commits robbery and at the time of doing so has with him or her a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive is guilty of an offence punishable, on conviction, by imprisonment for 25 years.
Burglary 
102.  (1) A person who enters or remains in any building as a trespasser with intent—
	(a)	to steal anything in the building; or 
	(b)	to commit an offence involving an assault on a person in the building or involving any damage to the building or to property in the building, being an offence punishable by imprisonment for 5 years or more,
is guilty of an offence punishable on conviction, by imprisonment for 14 years.
(2)  In this section, a reference to a building shall be read as including a reference to a part of a building and any vehicle or vessel in or on which a person resides, whether or not the vehicle or vessel is, at any particular time, occupied.
Aggravated burglary 
103.  A person who commits burglary and at the time of doing so has with him or her a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
Obtaining financial advantage by deception 
104.  (1)  A person who by deception dishonestly obtains for himself or herself or another person a financial advantage is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)  For the purpose of this section, a reference to a person who obtains a financial advantage shall be read as a reference to a person who—
	(a)	is allowed to borrow by way of overdraft or otherwise, or to take out any policy of insurance or annuity contract or obtains an improvement in the terms on which he or she is allowed to do so; or 
	(b)	is given the opportunity to earn remuneration or greater remuneration in an office or employment.
Obtaining service by deception 
105.  A person who by deception dishonestly obtains from another person the provision of a service for himself or herself or for any other person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Evasion of liability by deception 
106.  (1)  A person who by deception—
	(a)	dishonestly secures the remission of the whole or part of an existing liability of the person or of another person to make a payment; 
	(b)	dishonestly induces, with intent to make permanent default in whole or in part on any existing liability to make a payment, or with intent to enable another person to do so, the creditor or any person claiming payment on behalf of the creditor to defer the due date for a payment or otherwise to wait for payment or to forgo payment; or 
	(c)	dishonestly obtains for himself or herself or for another person, or enables another person to obtain, any exemption from, or abatement of, liability to make a payment,
is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)  For the purpose of paragraph (1) (b), a person who is induced to take in payment a cheque or other security for money by way of conditional satisfaction of a pre-existing liability shall be taken to have been induced to wait for payment.
(3)  In this section, “liability” means a legally enforceable liability.
(4)  Sub-section (1) does not apply in relation to a liability to pay compensation for a wrongful act or omission, being a liability that has not been accepted or established.
Making off without payment 
107. (1) A person who, knowing that immediate payment for any goods supplied or services provided is required or expected from him or her, dishonestly makes off without having paid and with intent to avoid payment of the amount due, is guilty of an offence punishable, on conviction, by imprisonment for 2 years.
(2)  Sub-section (1) does not apply to or in relation to—
	(a)	the supply of goods or the provision of a service where that supply or provision is contrary to law; or 
	(b)	payment for the provision of a service where that payment is not legally enforceable.
(3)  In this section, a reference to immediate payment shall be read as including a reference to payment at the time of collecting goods in respect of which a service has been provided.
False accounting 
108.  (1)  A person who, with a view to gain for himself or herself or another person, or with intent to cause loss to another person, dishonestly—
	(a)	destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or 
	(b)	in furnishing information for any purpose produces or makes use of any account, or any record or document of the kind referred to in paragraph (a), which to his or her knowledge is misleading or false in a material particular,
is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
(2)  For the purposes of this section, a person who makes or concurs in making in an account or other document an entry which is misleading or false in a material particular, or who omits or concurs in omitting a material particular from an account or other document, shall be taken to have falsified the account or document.
Liability of company officers 
109.  (1)  Where an offence committed by a body corporate under this Division is proved to have been committed with the consent or connivance of any director or officer of the body corporate, the director or officer, as the case may be, is guilty of that offence as well as the body corporate and is liable to be proceeded against and punished accordingly.
(2)  Where the affairs of a body corporate are managed by its members, this section applies in relation to the acts of a member of the body corporate in connection with his or her functions of management as if he or she were a director of the body corporate.
False statements by officers of associations 
110. (1) An officer of an unincorporated association who, with intent to gain for himself or herself or another person or to cause loss to another person, dishonestly publishes or concurs in publishing a written statement or account that to his or her knowledge is misleading or false in a material particular is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
(2)  Where the affairs of an association are managed by its members, this section applies in relation to any statement which a member publishes or concurs in publishing in connection with his or her functions of management as if he or she were an officer of the association.
(3)  For the purposes of this section, a person who has entered into a security for the benefit of an association shall be taken to be a creditor of the association.
Suppression, &c., of documents 
111.  (1)  A person who dishonestly, with a view to gain for himself or herself or another person, or with intent to cause loss to another person, by deception procures the execution of a valuable security is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
(2)  For the purpose of sub-section (1), the making, acceptance, endorsement, alteration, cancellation or destruction in whole or in part of a valuable security, and the signing or sealing of any paper or other material in order that it may be made or converted into, or used or dealt with as, a valuable security shall be taken to be the execution of a valuable security.
(3)  In this section, “valuable security” means any document—
	(a)	creating, transferring, surrendering or releasing any right to, in or over property; 
	(b)	authorizing the payment of money or delivery of any property; or 
	(c)	evidencing the creation, transfer, surrender or release of any right to, in or over property, or the payment of money or delivery of any property, or the satisfaction of any obligation.
Blackmail 
112.  (1)  A person who, with a view to gain for himself or herself or another person, or with intent to cause loss to another person, makes any unwarranted demand with menaces is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
(2)  For the purposes of this section, a demand with a menace shall be taken to be unwarranted unless the person making the demand does so in the belief that he or she has reasonable grounds for making the demand and that the use of the menace is a proper means of enforcing the demand.
Handling stolen property 
113.  (1)  A person who, dishonestly—
	(a)	receives stolen property; 
	(b)	has stolen property in his or her possession; or 
	(c)	undertakes the reception, retention, removal, disposal or realisation of stolen  property for the benefit of another person,
and who knows or believes that property to be stolen property, is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
(2)  Sub-section (1) does not apply to or in relation to the handling of stolen property in the course of stealing that property.
Dishonest abstraction of electricity 
114.  A person who dishonestly abstracts, causes to be wasted or diverted, or uses any electricity with intent to cause loss to another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Dishonest use of computers 
115.  (1) A person who, by any means, dishonestly uses, or causes to be used, a computer or other machine, or part of a computer or other machine, with intent to obtain by that use a gain for himself or herself or another person, or to cause by that use a loss to another person, is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(2) In this section, “machine” means a machine designed to be operated by means of a coin, bank-note, token, disc, tape or any identifying card or article.
Possession of housebreaking implements, &c. 
116.  (1)  A person who, in any place other than his or her place of abode, has with him or her any article for use in the course of, or in connection with, any theft or burglary is guilty of an offence punishable, on conviction, by imprisonment for 3 years.
(2)  Where a person is charged with an offence under this section, proof that he or she had with him or her an article made or adapted for use in committing a theft or burglary shall be evidence that he or she had it with him or her for that use.
(3)  Where a person is convicted of an offence under sub-section (1), any article of the kind referred to in that sub-section that is in the custody or possession of the person shall be forfeited to the Territory.
Advertising for return of stolen property 
117.  Where any advertisement for the return of any property which has been stolen or lost is published and the advertisement uses any words to the effect that the person producing the property or any other person will be safe from prosecution or inquiry, the person who advertised for the return of the property and any person who printed or published the advertisement is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.
Delivery of stolen property held by dealers 
118.  (1)  Where the owner of any stolen property makes a complaint to a Magistrate that the property is in the possession of a dealer in second-hand goods or of any person who has advanced money upon the security of the property, the Magistrate may— 
	(a)	issue a summons for the appearance of the dealer or person and for the production of the property; and 
	(b)	order the dealer or person to deliver the property to the owner upon payment by the owner of such sum (if any) as the Magistrate thinks fit.
(2)  A dealer or person who refuses or fails to comply with an order made under paragraph (1) (b), or who disposes of any property after he or she has been notified by the owner of the property that it is stolen, is liable to pay to the owner of the property the full value of the property as determined by a Magistrate.
Disposal of stolen property 
119.  (1)  Where—
	(a)	any property is lawfully held in the custody of a police officer; 
	(b)	a person is charged with having stolen the property; and 
	(c)	the person so charged—
	(i)	cannot be found; or 
	(ii)	is convicted, discharged or acquitted in relation to that charge,
a Magistrate may make an order for the delivery of the property to the person who appears to be the owner of the property or, where the owner cannot be ascertained, may make such order with respect to the property as the Magistrate thinks just.
(2)  Any order under sub-section (1) shall not bar a person from recovering possession of the property in respect of which the order is made from the person to whom the property is delivered in pursuance of the order by proceedings in a court of competent jurisdiction, being proceedings commenced within 6 months after the date on which the order is made.
Taking vehicle without authority 
120.  (1)  Subject to this section, a person who, without lawful authority or excuse, takes any vehicle for use by himself or herself or another person, or who drives or rides in or on a vehicle, knowing that vehicle to have been taken without lawful authority or excuse, is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)  A person does not commit an offence under sub-section (1) if he or she acted in the belief that—
	(a)	he or she had lawful authority or excuse to do the act alleged to constitute the offence; or 
	(b)	the owner of the vehicle would have consented to the doing of the act alleged to constitute the offence if the owner knew of it and of the circumstances in which it was done.
(3)  If, on the trial of a person for theft, the jury is not satisfied that the accused committed theft but is safisfied that the accused committed an offence under sub-section (1), the jury may acquit him of theft and convict him of an offence under that sub-section.
(4)  In this section—
	“owner” includes a person in possession of a vehicle that is the subject of a hiring agreement or hire-purchase agreement; 
	“vehicle” means a motor vehicle, bicycle, aircraft or boat.
Proof of general deficiency in a case 
124.  On the trial of a person for theft of money, it shall not be necessary to prove the theft by the person of any specific sum of money if there is proof of a general deficiency on the examination of the books of account or entries kept or made by him or her, or otherwise, and the jury is satisfied that he or she stole the deficient money, or any part thereof.
Procedure and evidence 
125. (1) Any number of persons may be charged in one indictment with reference to the same stolen property, with having stolen or with having at different times or at the same time handled all or any of the stolen property, and the persons so charged may be tried together.
(2)  On the trial of 2 or more persons for jointly handling stolen property, the jury may find any of the accused guilty if it is satisfied that he or she handled all or any of the stolen property, whether or not he or she did so jointly with the other accused or with any of them.
(3)  In any proceedings for the theft of any property in the course of transmission (whether by post or otherwise), or for handling stolen property from such a theft, a statutory declaration made by any person that he or she despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him or her were or was in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration—
	(a)	where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and 
	(b)	if, at least 7 days before the hearing or trial, a copy of the declaration is given to the person charged, and that person has not, at least 3 days before the hearing or trial, or within such further time as the court may in special circumstances allow, given to the informant or the Director of Public Prosecutions, as the case requires, written notice requiring the attendance at the hearing or trial of the person making the declaration.
Verdict of “theft or handling”
126.  (1)  Where, on the trial of a person charged with theft, or with any offence that involves stealing, and also with handling the property alleged to have been stolen, the jury find that the person either stole or handled that property but are unable to decide which of those offences was committed by him or her, the person shall not be entitled to acquittal but shall be convicted of theft.
(2)  On the trial of any 2 or more persons charged with theft and also with having handled stolen property, the jury may find all or any of those persons guilty of theft or of handling the property or part of the property, or may find any of those persons guilty of theft and the other or any of the others guilty of handling the property or part of the property.
Division 3—Criminal damage to property 
Interpretation 
127.  (1)  In this Division, “property” means any real or personal property (other than intangible property) and includes—
	(a)	a wild animal that is tamed or ordinarily kept in captivity; and 
	(b)	a wild animal that is not tamed or ordinarily kept in captivity but that is—
	(i)	reduced into the possession of a person who has not lost or abandoned that possession; or 
	(ii)	in the course of being reduced into the possession of a person. 
(2)  For the purposes of this Division, property shall be taken to belong to any person who—
	(a)	has possession or control of it; 
	(b)	has any proprietory right or interest in it, other than an equitable interest arising only from an agreement to transfer or grant an interest; or 
	(c)	has a charge on it.
(3)  Where any property is subject to a trust, the trustee and any person having a right to enforce the trust shall, for the purposes of this Division, be taken to be the persons to whom the property belongs.
(4)  The property of a corporation sole shall, for the purposes of this Division, be taken to belong to the corporation notwithstanding any vacancy in the corporation.
(5)  For the purposes of this Division, a person who destroys or damages property shall be taken to have done so intentionally if he or she acted—
	(a)	with intent to destroy or damage any property; or 
	(b)	in the knowledge or belief that his or her actions were likely to result in destruction of or damage to property.
(6)  For the purposes of this Division, a person who destroys or damages property shall be taken to have intended to endanger the life of another person by that destruction or damage if he or she acted—
	(a)	with intent to endanger the life of any other person; or 
	(b)	in the knowledge or belief that his or her actions were likely to endanger the life of another person.
Destroying or damaging property 
128. (1) A person who intentionally and without lawful excuse destroys or damages (otherwise than by means of fire or explosive) any property belonging to another person or to himself or herself and another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(2)  A person who destroys or damages (otherwise than by means of fire or explosive) any property with intent to endanger the life of another person by that destruction or damage is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
(3)  A person who dishonestly, with a view to gain for himself or herself or another person, destroys or damages (otherwise than by means of fire or explosive) any property is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
Arson 
129. (1) A person who intentionally and without lawful excuse destroys or damages by means of fire or explosive any property belonging to another person or to himself or herself and another person is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
(2)  A person who destroys or damages by means of fire or explosive any property with intent to endanger the life of another person by that destruction or damage is guilty of an offence punishable, on conviction, by imprisonment for 25 years.
(3)  A person who dishonestly, with a view to gain for himself or herself or another person, destroys or damages by means of fire or explosive any property is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
Lawful excuse 
130.  (1)  Without limiting the generality of the expression “lawful excuse” in sub-section 128 (1) and 129 (1), a person charged with an offence against one of those provisions shall be taken as having a lawful excuse if, at the time he or she engaged in the conduct constituting the alleged offence, he or she believed that—
	(a)	the property in relation to which the offence is alleged to have been committed belonged solely to himself or herself; 
	(b)	he or she held a right or interest in that property that authorized him or her to engage in that conduct; or 
	(c)	the person he or she believed was entitled to consent to the destruction of or damage to that property had consented to that destruction or damage or would have consented if that person had known the circumstances of that destruction or damage,
or if he or she engaged in that conduct in order to protect any other property or a right or interest in any other property which he or she believed to be vested in himself or herself or any other person and, at the time he or she engaged in that conduct, he or she believed that— 
	(d)	the property, right or interest which he or she sought to protect was in immediate need of protection; and 
	(e)	the means of protection adopted or proposed to be adopted by him or her were reasonable in all the circumstances.
(2)  For the purposes of this section, a reference to a right or interest in property shall be read as including any right or privilege in or over land, whether created by grant, licence or otherwise.
Defacing premises 
131.  (1)  A person shall not—
	(a)	affix a placard or paper upon any private premises; or 
	(b)	wilfully mark, by means of chalk, paint or any other material, any private premises,
unless the person has first obtained the consent— 
	(c)	where the premises are occupied—of the occupier or person in charge of the premises; or 
	(d)	where the premises are not occupied—of the owner or person in charge of the premises. 
Penalty: $1,000 or imprisonment for 6 months.
(2)  A person shall not, without lawful authority, affix a placard or paper upon, or wilfully mark, by means of chalk, paint or any other material, any public street, road, footpath, bus-shelter or other property of the Territory or the Commonwealth or of an authority or body constituted by or under a law of the Territory, the Commonwealth or another Territory. 
Penalty: $1,000 or imprisonment for 6 months.
Threats to destroy or damage property 
132.  A person who, without lawful authority or excuse and in any manner, threatens—
	(a)	to destroy or damage any property belonging to another person or to himself or herself and another person; or 
	(b)	to destroy or damage his or her own property in a manner that he or she knows or believes is likely to endanger the life of another person,
is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Possession of article with intent to destroy property 
133.  A person who has in his or her possession or control any substance or article that he or she intends to use, or that he or she intends to be used by another person, in committing an offence against section 128 or 129 is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Untrue representations 
134.  A person who knowingly makes in any manner an untrue representation to any other person, being a representation that tends to give rise to apprehension for the safety of any person (including the person making the representation and the person to whom it is made) or property, or both, is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Alternative verdict 
135.  Where, on the trial of a person for an offence under this Division, the jury is not satisfied that the person is guilty of that offence but is satisfied that the person is guilty of another offence under this Division carrying a lesser penalty than the offence charged, the jury may acquit the person of the offence charged and find him guilty of that other offence.
Division 3A—Forgery and the use of forged instruments 
Making of false instrument 
135A.  (1)  For the purpose of this Division, an instrument is false if it purports—
	(a)	to have been made in the form in which it is made by a person who did not in fact make it in that form; 
	(b)	to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form; 
	(c)	to have been made in the terms in which it is made by a person who did not in fact make it in those terms; 
	(d)	to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms; 
	(e)	to have been altered in any respect by a person who did not in fact alter it in that respect; 
	(f)	to have been altered in any respect on the authority of a person who did not in fact authorise the alteration in that respect; 
	(g)	to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered; or 
	(h)	to have been made or altered by an existing person who did not in fact exist.
(2)  For the purposes of this Division, a person is to be treated as making a false instrument if the person alters an instrument so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration).
Act or omission to a person’s prejudice 
135B.  (1)  For the purposes of this Division, an act or omission is to a person’s prejudice if, and only if, it is one that, if it occurs—
	(a)	will result—
	(i)	in the person’s temporary or permanent loss of property; 
	(ii)	in the person’s being deprived of an opportunity to earn remuneration or greater remuneration; or 
	(iii)	in the person’s being deprived of an opportunity to obtain a financial advantage otherwise than by way of remuneration; or 
	(b)	will result in any person being given an opportunity—
	(i)	to earn remuneration or greater remuneration from the first-mentioned person; or 
	(ii)	to obtain a financial advantage from the first-mentioned person otherwise than by way of remuneration; or 
	(c)	will be the result of the person’s having accepted a false instrument as genuine, or a copy of a false instrument as a copy of a genuine one, in connection with the person’s performance of a duty.
(2)  In this Division—
	(a)	a reference to inducing a person to accept a false instrument as genuine, or a copy of a false instrument as a copy of a genuine instrument, shall be read as including a reference to causing a machine to respond to the instrument or copy as if it were a genuine instrument or a copy of a genuine instrument; as the case may be; and 
	(b)	where—
	(i)	a machine so responds to an instrument or copy; and 
	(ii)	the act or omission intended to be caused by the machine’s so responding is an act or omission that, if it were an act or omission of a person, would be to a person’s prejudice within the meaning of sub-section(1),
		the act or omission intended to be caused by the machine’s so responding shall be deemed to be an act or omission to a person’s prejudice.
Forgery and the use of forged instruments 
135C.  (1) A person shall not make a false instrument with the intention that he or she, or another person, shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.
(2)  A person shall not use an instrument which is, and which he or she knows to be, false, with the intention of inducing another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.
(3)  A person shall not make a copy of an instrument which is, and which he or she knows to be, a false instrument, with the intention that he or she, or another person, shall use it to induce another person to accept it as a copy of a genuine instrument and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.
(4)  A person shall not use a copy of an instrument which is, and which he or she knows to be, a false instrument, with the intention of inducing another person to accept it as a copy of a genuine instrument and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice. 
Penalty: Imprisonment for 10 years.
Possession of false instrument 
135D.  A person shall not have in his or her custody, or under his or her control, an instrument which is, and which he or she knows to be, false, with intention that the person or another shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice. 
Penalty: Imprisonment for 10 years.
Possession of machine, &c. 
135E.  (1)  A person shall not make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, designed or adapted for the making of a false instrument, with the intention that that person or another person shall make an instrument which is false and that that person or another person shall use the instrument to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do an act to that other person’s, or to another person’s, prejudice. 
Penalty: Imprisonment for 10 years.
(2)  A person shall not, without lawful excuse, make or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is and which the person knows to be designed or adapted for the making of a false instrument. 
Penalty: Imprisonment for 2 years.
Forfeiture 
135F.  Where—
	(a)	a person is convicted of an offence against this Division; 
	(b)	a person is charged with an offence against this Division and, pursuant to sub-section 556A (1), the charge is dismissed or an order is made in respect of the person; or 
	(c)	pursuant to section 448, an offence against this Division has been taken into account in passing sentence upon a person,
the Court may, in accordance with section 464, order that any articles used in relation to the offence be forfeited.
General allegation of intent sufficient 
135G.  In any proceedings for an offence against this Division, where it is necessary to allege an intent to induce a person to accept a false instrument as genuine, or a copy of a false instrument as a copy of a genuine one, it is not necessary to allege that the accused intended so to induce a particular person.
Division 4—Miscellaneous 
Hindering working of mines 
136.  A person who, with intent to hinder the working of a mine—
	(a)	causes water to be conveyed or permitted to enter the mine or any subterraneous passage communicating with the mine; or 
	(b)	obstructs, or otherwise interferes with any airway, waterway, drain, pit, level or shaft of the mine,
is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
Removal of sea-banks, &c. 
137.  A person who without lawful authority or excuse removes any article or material fixed in or placed upon the ground and used for securing a sea-bank or sea-wall, or the bank, dam or wall of any river, canal, drain, acqueduct, marsh, reservoir, pool, port, harbour, dock, quay, wharf, jetty or lock is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
Obstructing navigation of rivers 
138.  A person who opens or draws up any floodgate or sluice or who in any way damages any navigable river or canal with intent to obstruct or prevent the navigation of the river or canal is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
Offences in relation to railways 
139.  A person who, with intent to obstruct, damage or destroy any railway engine, tender, carriage or truck—
	(a)	deposits any article or material upon or across a railway; 
	(b)	removes or displaces any rail, sleeper or other thing belonging to a railway; 
	(c)	moves or diverts, or fails to move or divert, any point or other machinery belonging to a railway; or 
	(d)	displays, masks or removes any signal or light upon or near a railway,
or who does, or causes to be done, any other thing with that intent, is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Obstructing railway engines 
140.  A person who, by any unlawful act, omission or neglect, obstructs, or causes to be obstructed, the passage or working of a railway engine or carriage on any railway is guilty of an offence punishable, on conviction, by imprisonment for 3 years.
Alternative verdict 
141.  Where, on the trial of a person for an offence under section 139, the jury is not satisfied that the person is guilty of that offence but is satisfied that he or she is guilty of an offence under section 140, the jury may  acquit the person of the offence charged and find him or her guilty of an offence under section 140.
Displaying false signals 
142.  A person who, with intent to endanger any vessel, masks, alters or removes any light or signal or displays any false light or signal is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Removing or concealing buoys, &c. 
143.  A person who does any act with intent to cut away, cast adrift, remove, alter, deface, sink, destroy, damage or conceal any vessel, buoy, buoy-rope, perch or mark used or intended for the guidance of seamen or for the purposes of navigation is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
Removal of articles on public exhibition 
144.  (1)  A person who without lawful authority or excuse removes from premises that are at any time open to the public any article that is publicly exhibited, or kept for public exhibition, in or upon those premises is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)  Sub-section (1) does not apply in relation to an article that is publicly exhibited, or kept for public exhibition, for the purpose of effecting a sale of, or any other commercial dealing with, the article or articles of that kind.
(3)  A person who removes an article from any premises in the belief that he or she has lawful authority or excuse to do so does not commit an offence under sub-section (1). 
(4)  In this section, a reference to premises shall be read as including a reference to any building or part of a building.
Being found with an intent to commit an offence 
145.  (1)  A person who—
	(a)	is armed with any weapon or instrument, with intent to enter a building and to commit an offence therein; 
	(b)	has his or her face disguised, with intent to commit an offence; or 
	(c)	enters, or is in or near, a building with intent to commit an offence,
is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)  Where a person is convicted of an offence under sub-section (1), any weapon or any instrument or implement of housebreaking in the custody or possession of the person shall be forfeited to the Territory.
Forcible entry on land 
146.  A person who enters on land that is in the actual and peaceable possession of another person in a manner likely to cause a breach of the peace is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000 or by imprisonment for 12 months.
Forcible detainer of land 
147. A person who, being in actual possession of land without any legal right to possession, holds possession of the land against any person legally entitled to possession of the land in a manner likely to cause a breach of the peace is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000 or by imprisonment for 12 months.
Property of spouses 
148.  (1)  The provisions of Divisions 2 and 3 apply in relation to the parties to a marriage and to property belonging to either of those parties or to both of them jointly (whether or not by reason of an interest derived from the marriage) in the same manner as they would apply if the parties were not married and any such interest subsisted independently of the marriage.
(2)  Subject to this section, a party to a marriage shall have the same right to bring proceedings against the other party in relation to any offence against a provision of Division 2 or 3 as if the parties were not married and a person bringing any such proceedings shall be competent to give evidence for the prosecution at every stage of the proceedings.
(3)  Subject to this section, proceedings shall not be instituted against a person in respect of an offence relating to property which, at the time of the alleged offence, belonged to the spouse of that person, or for any attempt, incitement or conspiracy to commit such an offence, without the written consent of the Attorney-General, the Director of Public Prosecutions or a person authorized by the Director of Public Prosecutions to give consent.
(4)  Sub-section (3) does not apply to or in relation to proceedings against a person for an offence—
	(a)	if that person is charged with committing the offence jointly with his or her spouse; or 
	(b)	if that person and his or her spouse were, at the time of the alleged offence, living separately and apart.
(5)  Nothing in sub-section (3) shall be taken to prevent the arrest, or the issue for a warrant for the arrest, of a person charged with an offence against a provision of Division 2 or 3, or the remand in custody or on bail of a person charged with such an offence, where the arrest,  if made without a warrant, is made, or the warrant is issued on any information laid, by a person other than the spouse of the first-mentioned person.
Property of partners or joint owners 
149.  (1)  Where, in an indictment for an offence under this Part, it is necessary to allege the ownership of property belonging to more than one person, whether as partners in trade, joint tenants or tenants-in-common, or to allege that property is in the possession or control of more than one person, it is sufficient to name one of those persons and to allege that the property belongs to, or is in the possession or control of, the person named and another, or others, as the case may be.
(2)  In sub-section (1), a reference to a person shall be read as including a reference to a joint-stock company, an executor, an administrator or a trustee.
Indictment for theft, &c., of deeds 
150.  In an indictment for an offence under a provision of this Part in relation to any document of title to land, or any part of such a document, it shall be sufficient to allege that the document or the part of the document is or contains evidence of the title to the land, and to mention the person, or any of the persons, having an interest in the land, or in any part of the land.
Allegations in indictment as to stolen money or securities 
151.  In an indictment for an offence under a provision of this Part in relation to any property, being money or any valuable security, it shall be sufficient to describe the property as a certain amount of money, or as a certain valuable security, as the case may be, without specifying any particular kind of money or security, and the description shall be sustained by proof of the offence in relation to any money or valuable security even where it is agreed that part of the value of that money or security has been returned, or such part was in fact returned.
PART VII
PERJURY AND LIKE OFFENCES 
Perjury 
327.  Whosoever commits the crime of perjury shall be liable to imprisonment for seven years.
Perjury with intent to procure conviction, &c. 
328.  Whosoever commits perjury with intent to procure the conviction, or acquittal, of any person for, or of, any offence punishable by imprisonment shall be liable to imprisonment for fourteen years.
Conviction for false swearing on indictment for perjury 
329.  Where, on the trial of any person for perjury, it appears that the offence does not amount in law to perjury, but is an offence within the next following section, the jury may acquit him of the  offence charged, and find him guilty of an offence under the said last-mentioned section, and he shall be liable to punishment accordingly.
False swearing not being perjury 
330.  Whosoever, before any person authorised to administer an oath, wilfully makes on oath any false statement, knowing the same to be false, shall, where such offence does not amount in law to perjury, be liable to imprisonment for five years.
Contradictory statements on oath 
331.  Where, on the trial of a person for perjury, or for wilfully making a false statement on oath not amounting to perjury, it appears that the accused has made two statements on oath, of which one is irreconcilably in conflict with the other, and the jury are of opinion that one of such statements was wilfully false, but they cannot say which of them was so, they may specially so find and that the accused is guilty of perjury, or of wilful false swearing as the  case may be, and he shall be liable to punishment accordingly.
Certain technical defects provided for 
332. Where, on the trial of a person for  perjury, or for wilfully making a false statement on oath not amounting to perjury, any affidavit, deposition, examination, or solemn declaration, offered in evidence, is wrongly intituled, or otherwise informal or defective, or the jurat to any such instrument is informal or defective, or any such deposition, where taken before a Magistrate or Coroner has no caption, or no proper caption, the accused shall not be entitled to an acquittal by reason of such omission, defect, or informality, but every such instrument, if otherwise admissible, may be given in evidence and used for all purposes of the trial.
False evidence by child not on oath 
333.  Whosoever, being a child of tender years admitted to give evidence, though not on oath, under the provisions of this Act, gives any false evidence shall be guilty of an offence: 
Provided that no prosecution shall be instituted under, or by virtue of, this section, without the leave of the Court, or Magistrate, before whom such evidence was given.
False statement in evidence on commission
334.  A person who, in giving any testimony (either orally or in writing) otherwise than on oath, where required to do so pursuant to an order under subsection 85K (1) of the Evidence Ordinance 1971, makes a statement:
	(a)	which the person knows to be false in a material particular; or
	(b)	which is false in a material particular and which the person does not believe to be true;
is guilty of an offence punishable, on conviction, by imprisonment for 3 years.
Directing prosecution for perjury 
340.  Where any statement on oath has been made by any person in any suit, proceeding, or matter, pending in the Supreme Court, or before any Judge of that Court, the Judge before whom the same was so made, may, if reasonable cause appears for so doing, direct such person to be prosecuted for perjury in respect thereof,
and may thereupon require  him forthwith to enter into a recognizance, with one or more surety or sureties, to take his trial for that offence at the next, or nearest practicable, sitting of the Supreme Court, and may also equire any persons then present to enter into recognizances to prosecute, and give evidence, respectively, against the accused, and may commit any person in default  of his entering into any such recognizance. 
For restraining vexatious prosecutions 
341.  (1)  No prosecution in respect of any such statement on oath, as in the last preceding section mentioned, shall be instituted without such direction as in the said section provided, or without the leave of the Court, or Judge therein mentioned.
(2)  No prosecution in respect of any statement on oath made before any Registrar, or District  Registrar in Bankruptcy shall be instituted without the leave of a Judge of the Supreme Court.
Application of laws 
342.  The provisions of this  Act shall apply to every false oath, declaration, or affirmation, declared by any law in force in the Territory to be perjury, or thereby made punishable as perjury,
and shall  extend to every declaration made, or purporting, or intended to have been made, under any Act directing, or authorising the making of a solemn declaration, before any public or other functionary in lieu of an oath, or otherwise, although such declaration may not be in the form prescribed by such law. 
Saving of other punishments 
343.  Nothing in this Part shall prevent, or affect, any other  punishment, or any forfeiture, provided under any Act now or hereafter passed.
False accusation
344.  A person who charges another person falsely, or causes another person to be charged falsely, with an offence under a law of the Territory is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
part viii—aiding and abetting, accessories, attempts, incitement and conspiracy
Aiding and abetting
345.  A person who aids, abets, counsels or procures, or by act or omission is in any way directly or indirectly knowingly concerned in, or party to, the commission of an offence under a law of the Territory shall be deemed to have committed that offence and shall be punishable, on conviction, accordingly.
Accessory after the fact
346.  A person who receives or assists another person who is, to the knowledge of the first-mentioned person, guilty of an offence under a law of the Territory in order to enable that other person to escape punishment or to dispose of the proceeds of the offence is guilty of an offence punishable, on conviction, by—
	(a)	if the first-mentioned offence is the crime of murder—imprisonment for life;
	(b)	if the first-mentioned offence is an offence referred to in section 101 or 103—imprisonment for 14 years; or
	(c)	in any other case—imprisonment for 2 years.
Attempts
347.  A person who attempts to commit an offence under a law of the Territory is guilty of an offence punishable, on conviction, as if the attempted offence had been committed.
Incitement
348.  A person who:
	(a)	incites to, urges, aids or encourages; or
	(b)	prints or publishes any writing which incites to, urges, aids or encourages;
the commission of, or the carrying on of any operation for or by the commission of, an offence under a law of the Territory is guilty of an offence punishable, on conviction, by:
	(a)	if the first-mentioned offence is the crime of murder—imprisonment for life; or
	(b)	in any other case—imprisonment for 12 months or a fine of $2,000, or both.
Conspiracy
349.  (1)  A person who conspires with another person:
	(a)	to commit:
	(i)	an offence under a law of the Territory; or
	(ii)	an offence under a law of a place outside the Territory, being an offence consisting of, or including, elements that, if present or occurring in the Territory, would constitute an offence under a law of the Territory;
	(b)	to prevent or defeat the execution or enforcement of a law of the Territory;
	(c)	to effect a purpose that is unlawful under a law of the Territory; or
	(d)	to effect a lawful purpose by means that are unlawful under a law of the Territory;
is guilty of an offence punishable, on conviction, by imprisonment for 3 years.
(2)  Notwithstanding subsection (1), where a person is convicted of conspiring with another person to commit:
	(a)	a serious Territory offence; or
	(b)	an offence under a law of a place outside the Territory, being an offence consisting of, or including, elements that, if present or occurring in the Territory, would constitute a serious Territory offence;
the first-mentioned person is punishable as if he or she had committed that offence.
(3)  Subparagraph (1) (a) (ii) does not apply unless at least one of the parties is in the Territory at some time while the conspiracy subsists.
(4)  Subject to subsection (3), for the purpose of a prosecution for an offence under paragraph (1) (a), it is immaterial whether the person charged or any other person with whom he or she is alleged to have conspired was in the Territory or elsewhere at the time of the alleged offence.
(5)  In subsection (2), “serious Territory offence” means an offence under a law of the Territory punishable by imprisonment for a period exceeding 3 years.
PART X—apprehension, detention, discharge, search and seizure and escape
Division 1—Apprehension, detention, search and seizure 
Police powers of entry 
349A.  A police officer may enter premises, and may take such action as is necessary and reasonable to prevent the commission or repetition of an offence or of a breach of the peace or to protect life or property—
	(a)	when invited onto the premises by a person who is or is reasonably believed to be a resident of the premises for the purpose of giving assistance to a person on the premises who has suffered, or is in imminent danger of suffering, physical injury at the hands of some other person; 
	(b)	in pursuance of a warrant issued under section 349B; or 
	(c)	in circumstances of seriousness and urgency, in accordance with section 349C.
Issue of warrant 
349B. (1)  Where a magistrate is satisfied, by information on oath, that—
	(a)	there are reasonable grounds to suspect that a person on premises has suffered, or is in imminent danger of, physical injury at the hands of another person and needs assistance to prevent, or deal with, the injury; and 
	(b)	a police officer has been refused permission to enter the premises for the purpose of giving assistance to the first-mentioned person,
the magistrate may issue a warrant in writing authorising a police officer, with such assistance as is necessary and reasonable and by such force as is necessary and reasonable—
	(c)	to enter the premises specified in the warrant at any time within 24 hours after the issue of the warrant; and 
	(d)	subject to any conditions specified in the warrant, to take such action as is necessary to prevent the commission or repetition of an offence or of a breach of the peace or to protect life or property. 
(2)  The police officer applying for a warrant shall furnish such further information concerning the grounds on which the warrant is sought, either orally on oath or by affidavit, as the magistrate requires.
Entry in emergencies 
349C.  A police officer may enter premises where the officer believes on reasonable grounds that—
	(a)	an offence or a breach of the peace is being or is likely to be committed, or a person has suffered physical injury or there is imminent danger of injury to a person or damage to property; and 
	(b)	it is necessary to enter the premises immediately for the purpose of preventing the commission or repetition of an offence or a breach of the peace or to protect life or property.
Seizure of forfeited articles 
350.  (1)  A member of the police force may, without warrant, seize any article which is forfeited, or which he has reasonable grounds for believing is forfeited, under any law in force in the Territory and take that article before the Magistrates Court.
(2) Where any article is brought before the Court under sub-section (1), the Court may, subject to the giving of such notice (if any) to such person (if any) as the Court directs, order that the article be condemned or delivered to such person as the Court is satisfied is entitled to the article.
(3)  Where a prosecution is pending in relation to an article, the Court shall not make an order under sub-section (2) in relation to the article until the prosecution is determined.
(4)  All articles condemned under sub-section (2) shall be dealt with as directed by the Attorney-General and, pending his direction, may be detained in such custody as the Magistrates Court directs.
Detention of drunken persons 
351.  (1)  A person who is found drunk in a public place and who is—
	(a)	behaving in a disorderly manner; 
	(b)	behaving in a manner likely to cause injury to himself or another person or damage to any property; or 
	(c)	incapacitated, due to his being drunk, and in need of physical protection,
may be taken into custody by a member of the police force and detained until he ceases to be drunk or until the expiration of the period of 8 hours after he is so taken into custody, whichever first occurs.
(2)  A member of the police force may search a person who is taken into custody under sub-section (1) and may take possession of any personal belongings found in the possession of the person.
(3)  A person is entitled to the return of any personal belongings taken from him under sub-section (2) when he ceases to be detained under this section.
Person in act of committing or having committed an offence 
352.  (1)  Any person may, without warrant, apprehend—
	(a)	any person in the act  of committing, or immediately after having committed, an offence punishable, whether by indictment or on summary conviction, under any law in force in the Territory; or 
	(b)	any person who has committed an offence punishable by imprisonment for 5 years or more, being an offence for which he has not been tried,
and may— 
	(c)	detain the person only for so long as is necessary and reasonable while the first-mentioned person arranges for the attendance of a police officer; or 
	(d)	as soon as is reasonably practicable, take the person, and any property found upon the person, to a police officer.
Person suspected of having committed or of being about to commit offence 
(2)  A police officer may, without warrant, arrest a person for an offence against a law of the Territory if the police officer believes on reasonable grounds that—
	(a)	the person has committed or is committing the offence; and 
	(b)	proceedings by way of summons against the person in respect of the offence would not achieve one or more of the following purposes: 
	(i)	ensuring the appearance of the person before the court in respect of the offence; 
	(ii)	preventing the continuation of, or a repetition of, the offence or the commission of some other offence; 
	(iii)	preventing the concealment, loss or destruction of evidence of, or relating to, the offence; 
	(iv)	preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence; 
	(v)	preventing the fabrication of evidence to be given or produced in proceedings in respect of the offence; 
	(vi)	preserving the safety or welfare of the person. 
(2A)  Where—
	(a)	a person has been arrested under sub-section (2) in connection with an offence; 
	(b)	before the person is charged with the offence, the police officer in charge of the investigation into the offence does not have, or ceases to have, reasonable grounds to believe that—
	(i)	the person committed the offence; or 
	(ii)	holding the person in custody is necessary for achieving any of the purposes referred to in paragraph (2) (b), the person shall forthwith be released from custody in respect of the offence.
Offender for whose arrest warrant has been issued 
(3)  Any constable may, although the warrant is not at the time in his possession, apprehend any person for whose apprehension for an offence a warrant has been issued, and take him, and any property found upon him, before a Magistrate to be dealt with according to law.
(4)  Where a warrant has been lawfully issued for the apprehension of a person on any ground other than a charge for an offence, any constable may, although the warrant is not at the time in his possession, apprehend that person.
(5)  In sub-section (4), “warrant” includes a warrant of commitment.
Offences committed outside Territory—power of arrest 
352A.  (1)  This section applies to an offence that—
	(a)	is an offence against the law of a State or another Territory; and 
	(b)	consists of an act or omission which, if it occurred in the Territory, would constitute an indictable offence or an offence punishable by imprisonment for 2 years or more.
(2)  A member of the police force may, at any hour of the day or night and without warrant, apprehend any person whom he has reasonable cause to suspect of having committed an offence to which this section applies.
(3)  A person apprehended under this section shall be brought before a Magistrate as soon as practicable and the Magistrate may—
	(a)	discharge the person; or 
	(b)	commit the person to custody, or admit him to bail, pending the execution under a law of the Commonwealth of a warrant or provisional warrant for his apprehension or pending his earlier discharge from custody or release from bail under sub-section (7).
(4)  A member of the police force may exercise, in relation to a person apprehended under this section, the powers conferred by section 353A as if the person were in lawful custody upon a charge referred to in that section.
(5)  Where a person has been committed to custody under this section and a warrant for his apprehension is subsequently presented for execution, the person shall be delivered in accordance with the terms of the warrant to the custody of the person executing it.
(6)  Where a person has been admitted to bail under this section and subsequently, but before he has complied with his bail undertaking, a warrant for his apprehension is executed under a law of the Commonwealth, the person shall be deemed, at the time the warrant is executed, to be released from that bail and to have complied with any condition or undertaking in relation to that bail that was outstanding at that time, other than a condition or undertaking with which he had, before that time, refused or failed, without reasonable excuse, to comply.
(7)  Where—
	(a)	a person has been committed to custody or admitted to bail under this section; and 
	(b)	a warrant or provisional warrant for the apprehension of the person is not executed within 7 days after the person is so committed to custody or admitted to bail,
a Magistrate may, by order, discharge the person from custody or release the person from bail, as the case requires.
Persons offering stolen property 
353.  Every person to whom any property is offered to be sold, or pawned, or delivered, and who has reasonable cause to suspect that an offence has been committed with respect to such property, may, and if in his power is required, to apprehend and forthwith take before a Magistrate the person offering the same, together with such property, to be dealt with according to law.
Power to search and medically examine a person and take fingerprints, &c. 
353A.  (1)  Where a person is in lawful custody upon a charge of committing any offence—
	(a)	a member of the police force who is of the same sex as the person; or 
	(b)	if no such member is available for the purpose of conducting a search of the person—any other person who is of the same sex as the person and who is requested to do so by a member of the police force,
may search the person and take from the person anything found in the course of that search.
(1A)  An action or proceeding, civil or criminal, does not lie against a person referred to in paragraph (1)(b) for or in respect of any search conducted by the person under sub-section (1), being a search that would be lawful if conducted by a member of the police force.
(2)  When a person is in lawful custody upon a charge of committing any offence which is of such a nature and is alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence, any legally qualified medical practitioner acting at the request of any officer of police of or above the rank of sergeant, and any person acting in good faith in his aid and under his direction, may make such an examination of the person so in custody as is reasonable in order to ascertain the facts which may afford such evidence.
(3)  When a person is in lawful custody for any offence punishable on indictment or summary conviction, the officer in charge of police at the station where he is so in custody may take or cause to be taken all such particulars as may be deemed necessary for the identification of such person, including his photograph and finger-prints.
When case not to be proceeded with gaoler to discharge prisoner on certificate from Attorney-General
358.  (1)  The Attorney-General may, in respect of any person under committal for trial, and in all cases in which any person is remanded to  prison, and in which he may in his discretion think fit not further to proceed, transmit at any time a certificate to the Judges of the Supreme Court, any one of whom may thereupon by warrant direct the gaoler in whose custody the prisoner, or person under remand, may be to discharge him from custody in respect of the offence mentioned in such warrant, and, if such gaoler neglects so to do, he shall be liable to a fine of fifty pounds, to be recovered by action of debt in the name of the Attorney-General.
Forms where person is committed for trial 
(2)  In the case of a person under committal for trial, the certificate shall be in the Form No. 1 in the Third Schedule to this Act, and the warrant in the Form No. 2 in the said Schedule.
Forms where person is under remand 
(3)  In the case of a person under remand, the certificate shall be in Form No. 3, and the warrant in Form No. 4 in the said Schedule.
Division 1A—Escape provisions
Detention during pleasure: meaning
358AA.  In this Division, a reference to detention during pleasure shall be read as a reference to detention during the pleasure of the Governor-General, the Governor of a State or the Administrator of the Northern Territory of Australia, as the case requires.
Aiding prisoner to escape
358AB.  A person who:
	(a)	aids another person to escape, or to attempt to escape, from lawful custody in respect of an offence under a law of the Territory, a State or another Territory;
	(b)	aids another person who has been lawfully arrested in respect of such an offence to escape, or to attempt to escape, from that arrest;
	(c)	aids another person who is lawfully detained during pleasure in respect of such an offence to escape, or to attempt to escape, from that detention; or
	(d)	conveys anything into a prison, lock-up or other place of lawful detention with intent to facilitate the escape from there of another person who is in custody in respect of such an offence;
is guilty of an offence punishable, on conviction, by imprisonment for 5 years or a fine of $10,000, or both.
Escaping
358AC.  A person who has been lawfully arrested, is in lawful custody, or is lawfully detained during pleasure, in respect of an offence under a law of the Territory, a State or another Territory and who escapes from that arrest, custody or detention is guilty of an offence punishable, on conviction, by imprisonment for 5 years or a fine of $10,000, or both.
Rescuing a prisoner from custody etc.
358AD.  A person who:
	(a)	rescues by force a person (other than a person referred to in paragraph (c) or (d)) from lawful custody in respect of an offence under a law of the Territory, a State or another Territory with which the person has been charged;
	(b)	rescues by force a person who has been lawfully arrested in respect of such an offence with which the person has not been charged from that arrest;
	(c)	rescues by force a person who is in lawful custody in any prison, lock-up or other place of lawful detention in respect of such an offence from that prison, lock-up or place; or
	(d)	rescues by force a person who is lawfully detained during pleasure in respect of such an offence from that detention;
is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
Person unlawfully at large
358AE.  A person who:
	(a)	in accordance with a permission given under a law of the Territory, a State or another Territory, leaves a prison, lock-up or other place of lawful detention where the person is in custody, or is detained during pleasure, in respect of an offence under a law of the Territory, a State or another Territory; and
	(b)	refuses or fails, without reasonable excuse, to return to that prison, lock-up or place in accordance with that permission;
is guilty of an offence punishable, on conviction, by imprisonment for 5 years or a fine of $10,000, or both.
Permitting escape
358AF.  (1)  A person who:
	(a)	is an officer of a prison, lock-up or other place of lawful detention, a constable or a Commonwealth officer;
	(b)	is charged for the time being with the custody or detention of another person (including a person detained during pleasure) in respect of an offence under a law of the Territory, a State or another Territory; and
	(c)	wilfully or negligently permits that other person to escape from that custody or detention;
is guilty of an offence punishable, on conviction, by imprisonment fro 5 years or a fine of $10,000, or both.
(2)  A constable or a Commonwealth officer who wilfully or negligently permits a person who has been lawfully arrested in respect of an offence under a law of the Territory, a State or another Territory to escape from that arrest is guilty of an offence punishable, on conviction, by imprisonment for 5 years or a fine of $10,000, or both.
(3)  In this section, “constable” and “Commonwealth officer” have the same respective meanings as in the Crimes Act 1914 of the Commonwealth.
Harbouring etc. escapee
358AG.  A person who harbours, maintains or employs another person knowing that other person to have escaped from lawful custody or detention in respect of an offence under a law of the Territory, a State or another Territory is guilty of an offence punishable, on conviction, by imprisonment for 5 years or a fine of $10,000, or both.
Escaped prisoner—current sentence
358AH.  A person who commits an offence under section 358AC or 358AE shall, upon being returned to lawful custody, undergo, in addition to any punishment imposed for that offence, the punishment that the person would have undergone if the person had not committed that offence.
Failure to answer bail etc.—offence
358AI.  (1)  Where:
	(a)	in accordance with a law in force in the Territory, a person arrested in respect of, or charged with, an offence under a law in force in the Territory has been:
	(i)	admitted to bail on an undertaking; or
	(ii)	released or discharged on entering into a recognizance, with or without a surety or sureties, on condition;
that he or she will attend, or appear before, a court at a specified time and place or at a time and place to be determined and of which he or she is to be notified; and
	(b)	he or she fails, without reasonable excuse, to so attend or appear;
the person is guilty of an offence punishable, on conviction, by imprisonment for 2 years or a fine of $5,000, or both.
(2)  The reference in subsection (1) to an undertaking or a recognizance shall not be read as including a reference to an undertaking given or a recognizance entered into (as the case requires) following the instituting of an appeal.
Division 2—Criminal investigation (extra-territorial offences) 
Interpretation 
358A.  (1)  In this Division, unless the contrary intention appears—
	“appropriate authority”, in relation to a State or another Territory, means an authority exercising in relation to the police force of that State or Territory functions corresponding to those of the Commissioner of Police of the Australian Federal Police in relation to the Australian Federal Police; 
	“corresponding law” means a law of a State or of another Territory declared by proclamation to be a corresponding law; 
	“night” means the period commencing at 7 o’clock in each evening and ending at 7 o’clock in the following morning; 
	“offence to which this Act applies” means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occurring in the Territory would attract criminal liability under the law of the Territory); 
	“owner” in relation to an object, includes a person entitled to possession of the object; 
	“premises” means a building, structure or place (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle; 
	“reciprocating State” means a State or another Territory—
	(a)	in which a corresponding law is in force; and 
	(b)	in relation to which arrangements are in force under section 358E; 
	“search warrant” means a warrant under this Division authorizing a search of premises; 
	“telephone” includes any telecommunication device.
(2)  For the purposes of this Division—
	(a)	anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed; 
	(b)	anything that may afford evidence of the commission of an offence; or 
	(c)	anything intended to be used for the purpose of committing an offence,
is an object relevant to the investigation of the offence.
(3)  The Executive may, by notification in the Gazette, declare a law of a State or of another Territory to be a corresponding law and may, by subsequent notification, vary or revoke any such declaration.
Issue of search warrants 
358B.  (1)  Where, upon the application of a police officer, a magistrate is satisfied that there are reasonable grounds to believe—
	(a)	that an offence to which this Act applies has been, or is intended to be, committed; and 
	(b)	that there is in any premises an object relevant to the investigation of that offence,
the magistrate may issue a search warrant in respect of those premises.
(2)  An application for the issue of a search warrant may be made either personally or by telephone.
(3)  The grounds of an application for a search warrant shall be verified by affidavit.
(4)  An application for the issue of a search warrant shall not be made by telephone unless in the opinion of the applicant a search warrant is urgently required and there is insufficient time to make the application personally.
(5)  Where an application for the issue of a search warrant is made by telephone—
	(a)	the applicant shall inform the magistrate of his name and of his rank and number in the police force, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is a police officer; 
	(b)	the applicant shall inform the magistrate of the grounds on which he seeks the issue of the search warrant; 
	(c)	if it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a search warrant, he shall inform the applicant of the facts on which he relies as grounds for the issue of the warrant, and shall not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; 
	(d)	if the applicant gives such an undertaking, the magistrate may then make out, and sign, a search warrant, noting on the warrant the facts on which he relies as grounds for the issue of the warrant; 
	(e)	the search warrant shall be deemed to have been issued, and shall come into force, when signed by the magistrate; 
	(f)	the magistrate shall inform the applicant of the terms of the warrant; and 
	(g)	the applicant shall, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).
(6) A magistrate by whom a search warrant is issued shall file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.
Authority conferred by search warrant 
358C.  (1)  A search warrant authorizes any police officer, with such assistants as he thinks necessary, to enter and search the premises in respect of which the warrant was issued and anything in those premises.
(2)  Subject to any direction by a magistrate authorizing execution of a search warrant at night, or during specified hours of the night, it shall not be executed at night.
(3)  A police officer, or a person assisting him, may use such force as is reasonably necessary for the execution of a search warrant.
(4)  A police officer executing a search warrant may seize and remove any object that he believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued.
(5)  An object seized and removed under sub-section (4) shall be dealt with in accordance with arrangements in force under section 358E.
(6)  A police officer who executes a search warrant—
	(a)	shall prepare a notice containing—
	(i)	his own name and rank; 
	(ii)	the name of the magistrate who issued the warrant and the date and time of its issue; and 
	(iii)	a description of any objects seized and removed in pursuance of the warrant; and 
	(b)	shall, as soon as practicable after execution of the warrant, give the notice to the occupier of the premises in respect of which the warrant was issued or leave it for him in a prominent position on those premises.
(7)  A search warrant, if not executed at the expiration of 1 month from the date of its issue, shall then expire.
Offence of hindering execution of search warrant 
358D.  A person who, without lawful excuse, hinders a police officer, or a person assisting him, in the execution of a search warrant shall be guilty of an offence punishable, on conviction, by a fine not exceeding $2,000 or by imprisonment for a period not exceeding 6 months.
Ministerial arrangements for transmission and return of objects seized under this Division or under a corresponding law
358E.  (1)  The Attorney-General may enter into arrangements with a Minister of State of a State or another Territory to whom the administration of a corresponding law is committed under which—
	(a)	objects seized under this Division that may be relevant to the investigation of an offence against the law of the State or Territory in which the corresponding law is in force—
	(i)	are to be transmitted to the appropriate authority of that State or Territory for the purposes of investigation of, or proceedings in respect of, that offence; and 
	(ii)	when no longer required for the purposes of any such investigation or proceedings, are (unless disposed of by order or direction of a court) to be returned to the Commissioner of Police; and 
	(b)	objects seized under the corresponding law that may be relevant to the investigation of an offence against the law of the Territory—
	(i)	are to be transmitted to the commissioner of Police; and 
	(ii)	when no longer required for the purposes of investigation of an offence or proceedings in respect of an offence, are (unless disposed of by order or direction of a court) to be returned to the appropriate authority of the State or Territory in which they were seized.
(2)  The owner of an object returned to the Commissioner of Police in pursuance of arrangements under sub-section (1) is entitled to the return of the object.
(3)  The right conferred by sub-section (2) is enforceable by action in detinue in any court of competent jurisdiction.
(4)  In this section, “Commissioner of Police” means the Commissioner of Police of the Australian Federal Police.
PART XI 
PROCEDURE, EVIDENCE, VERDICT, &c. 
Meaning of “Statute” and “Act” in indictments, &c.
359.  In all indictments and informations, and all criminal pleadings and proceedings, the word “Statute,” and the word “Act,” used to indicate an enactment shall each include an Imperial Act as well as an Act.
What defects shall not vitiate an indictment 
360.  No indictment shall be held bad or insufficient for want of an averment of any matter unnecessary to be proved, or necessarily implied, nor for the omission of the words “as appears by the record,” or “with force and arms,” or “against the peace,” nor for the insertion or omission of the words “against the form of the statute,” nor for designating any person by a name of office, or other descriptive appellation, instead of his proper name, nor for omitting to state the time at which the  offence was committed, nor for stating the time wrongly, in any  case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or a day that never happened,  nor for want of a proper or perfect venue, or a proper or formal conclusion, nor for want of or imperfection in any addition of the accused, nor for want of any statement of the value or price of any matter or thing, or the amount of damage, or injury, in any case where such value, or price, or amount, is not of the essence of the offence.
Formal objections when to be taken 
362.  Every objection  to an indictment, for any formal defect apparent on the face thereof, shall be taken by demurrer or motion to quash such indictment before the jury are sworn, and every Court before which any such objection is taken may thereupon cause the indictment to be forthwith amended, and afterwards the trial shall proceed  as if no such defect had appeared.
Judgment on demurrer to indictment 
363.  In all  cases the judgment against the accused on demurrer shall be that he “answer over” to the charge.
Traversing indictment 
364.  No traverse shall  in any case be allowed, or trial postponed, or time to plead to the indictment given, unless the Court shall so order:
Provided that where the Judge is of opinion that the accused ought to be allowed time, either to prepare for his defence, or otherwise, such Judge shall postpone the trial upon  such terms as to him seems meet, and may respite the recognizances of the prosecutor and witnesses accordingly.
Orders for amendment of indictment, separate trial and postponement of trial 
365.  (1)  Where, before trial, or at any stage of a trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice.
(2)  Where, before trial, or at any stage of a trial, the court is of opinion that a person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one  offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for one or more offences charged in an indictment, the court may order a separate trial of a count or counts of such indictment.
(3)  Where, before trial, or at any stage of a trial, the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of a power of the court under this Act to amend an indictment or to order a separate trial of a count, the court shall make such order as appears necessary.
(4)  Where an order of the court is made under this section for a separate trial, or for the postponement of a trial—
	(a)	if such an order is made during a trial, the court may order that the jury are to be discharged from giving a verdict on the count or counts the trial of which is postponed, or on the indictment, as the case may be; 
	(b)	the procedure on the separate trial of a count and the procedure on the postponed trial shall be the same in all respects (if the jury has been discharged), as if the trial had not commenced; and 
	(c)	the court may make such order as to admitting the accused person to bail and as to the enlargement of recognizances and otherwise as the court thinks fit.
(5)  A power of the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.
Amended indictment 
366.  Where an indictment is amended, a note of the order for amendment shall be endorsed on the indictment, and the indictment in its amended form shall be treated as the indictment for the purposes of the trial and for the purposes of all proceedings in connection  therewith or consequent thereon.
Verdict and judgment valid after amendment 
367.  Every verdict, and judgment, given after the making of any amendment under this Act, shall be of the same force and effect, as if the indictment had originally been in the words, and form, in which it is after such amendment.
Form of record after amendment 
368.  If it is necessary at any time to draw up a formal record, in any case where an amendment has been made, such record may be drawn up in the words and form of the amended indictment, without noticing the fact of amendment.
Respiting recognizances on postponement 
369.  In all cases where the trial is postponed the Court may respite the recognizance of the prosecutor and witnesses, and of the accused and his sureties, if any, requiring them severally to appear and prosecute, or be tried, or give evidence, at the time and place to which the trial is so postponed.
Separate offences when can be joined 
370.  In every case counts may be inserted in the same indictment, against the same person, for any number of distinct offences of the same kind, not exceeding three, committed against the same person:
Provided that no more than six months have elapsed between the first and last of such offences.
Accessories may be charged together in one indictment 
371.  In the case of any offence, any number of accessories thereto, whether before or after the fact, may be charged with substantive offences in the same indictment, and be tried together, although the principal offender is not included in such indictment, or is not in custody or amenable to justice.
Indictment charging previous offence also 
372.  In an indictment for an offence committed after a previous conviction for an offence, whether indictable or punishable on summary conviction, it shall be sufficient, after charging the subsequent offence, to state that the accused was theretofore at a certain time and place convicted of an indictable offence, or an offence punishable on summary conviction, as the case may be, without particularly describing such previous offence.
Property of partners or joint owners 
373.  Whenever, in any indictment, it is necessary to mention, for any purpose, any partners, joint-tenants or tenants in common, it shall be sufficient to describe them by naming one of such persons, and referring to the rest as “another,” or “others,” as the case may be.
This provision shall extend to all joint stock companies, executors, administrators, and trustees.
Description of written instruments 
374.  In every case where a written, or printed, instrument, or instrument partly written and partly printed, is the subject of an indictment, or it is necessary to make an averment in an indictment respecting such instrument, it shall be sufficient to describe such instrument by any name or designation by which the same is usually known, or by the purport thereof, without setting out any copy thereof, or otherwise describing the same, and without stating the value thereof.
General averment of intent to defraud or injure 
375.  (1)  In every case where it is necessary to allege an intent to defraud, or injure, it shall be sufficient to allege that the accused did the act with such intent, without alleging an intent to defraud, or injure, any particular person.
(2)  In an indictment for doing an act fraudulently, or for a fraudulent purpose, it shall not be necessary to state what was the fraudulent intent, or purpose.
Indictment for murder or manslaughter
376.  In an indictment for murder, or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death alleged was caused, but it shall be sufficient in an indictment for murder to charge that the accused did murder the deceased, and in an indictment for manslaughter to charge that the accused did kill the deceased.
Form of indictment against accessories to murder 
378.  In an indictment against an accessory to murder, or manslaughter, it shall be sufficient to charge the offence of the  principal in the manner hereinbefore specified, and then to charge the accused as an accessory.
Addition of count for assault 
380.  In an indictment for an offence against the person, where such offence includes an assault, a count may be added for such assault.
Indictment for perjury 
392.  In an indictment  for perjury it shall be sufficient to allege that the accused  on a certain day and at a certain place, before a person named, falsely swore, or falsely declared, or affirmed, the matter charged as false, stating the substance only of such matter, and averring that the same was so sworn, declared or affirmed, on an  occasion when the truth of such matter was material, without specifying the occasion, or showing how the matter was material,  or what was the cause or trial or inquiry, if any, pending, or  the judicial, or official, character of the person administering the oath, or taking the declaration, or affirmation, charged  as false.
Indictments for conspiracy 
393.  In an indictment for conspiracy it shall not be necessary to state any overt act, and each defendant in any case of conspiracy, whether two or more defendants are included in the same indictment or not, may be charged separately, in any count, as having conspired with divers persons, of whom it shall be sufficient to name one only, or as having conspired with one other named person only, and may be convicted on such count upon proof of his having unlawfully conspired for the purpose therein alleged with any one such person:
Provided always, that no more than three counts against the same defendant shall be inserted in any such indictment, and that the Court may, in any case before plea pleaded, order such particulars to be given, as to such Court shall seem meet, and that where conspiracies substantially different are charged in the same indictment, the prosecutor may be put to his election as to the one on which he will proceed.
Arraignment, &c., on charge of previous conviction 
394.  (1)  No person shall be arraigned, in respect of any previous conviction charged in any indictment, unless he is convicted of the subsequent offence charged therein.
(2)  Upon such conviction he shall forthwith be arraigned, and the jury shall be charged as to such previous conviction, or convictions, and the trial shall proceed in respect thereof.
Plea of “not guilty”
395.  If any person arraigned on an indictment pleads thereto “not guilty,” he shall, without further form, be deemed to have put himself upon the country for trial, and the Court shall, in the usual manner, order a jury for his trial accordingly.
Refusal to plead 
396.  If any person being so arraigned stands mute, or will not answer directly to the indictment, the Court may order a plea of “not guilty” to be entered on behalf of such person, and the plea so entered shall have the same effect as if he had actually pleaded the same.
Plea of autrefois convict, &c. 
399.  In any plea of autrefois convict, or of autrefois acquit, it shall be sufficient for the accused to allege that he has been lawfully convicted, or acquitted, as the case may be, of the offence charged in the indictment, without specifying the time or place of such previous conviction or acquittal.
Practice as to entering the dock 
400.  In every case the presiding Judge shall have power to order the accused to enter the dock, or usual place of arraignment, or to allow him to remain on the floor of the Court, and in either case to sit down, as such Judge shall see fit:
Accused may be defended by counsel 
402.  Every accused person shall, in all Courts, be admitted to make full answer and defence by counsel, and in every case may reserve his address until the close of the evidence for the defence, and in the latter case, all evidence in reply for the Crown shall be given before such address.
Right to inspect depositions on trial 
403.  Every accused person shall be entitled on his trial to inspect, without fee or reward, all depositions taken against him and returned into, or which shall be in, the Court before which he is under trial.
Power of Judge to record verdict of acquittal 
404.  (1)  Where, on the trial of a person for an offence against this Act or any other law of the Territory, the Judge would have power to direct the jury to return a verdict of acquittal in respect of that offence, the Judge may, instead of giving such a direction, make an order—
	(a)	discharging the jury from returning a verdict in respect of that offence; and 
	(b)	recording a verdict of acquittal in respect of that offence.
(2)  An order under sub-section (1) shall, for all purposes, have the same effect as a verdict of acquittal returned by a jury.
Statement and address to jury by accused 
405.  Every accused person on his trial, whether defended by counsel or not, may make any statement at the close of the case for the prosecution, and before calling any witness in his defence, without being liable to examination thereupon by counsel for the Crown, or by the Court, and may thereafter, personally or by his counsel, address the jury.
Notice of alibi 
406.  (1)  Where a defendant is committed for trial for an indictable offence, the committing Magistrate shall—
	(a)	inform the defendant of the requirements of sub-sections (2), (3), (4) and (6); and 
	(b)	cause a copy of this section to be furnished to the defendant.
(2)  On a trial on indictment the defendant shall not, without the leave of the Court, adduce evidence in support of an alibi or assert in any statement made by him under section 405 that he has an alibi unless, before the expiration of the period of 14 days commencing on the date of the committal of the defendant for trial, he gives notice of particulars of the alibi.
(3)  On a trial on indictment the defendant shall not, without the leave of the Court, call any other person to give evidence in support of an alibi unless—
	(a)	the notice given under sub-section (2) includes the name and address of the person or, if the name or address is not known to the defendant at the time he gives the notice, any information in his possession which might be of material assistance in finding the person; 
	(b)	if the name or the address is not included in the notice—the Court is satisfied that the defendant before giving the notice took, and after giving the notice continued to take, all reasonable steps to ascertain the name or address;  
	(c)	if the name or the address is not included in the notice, but the defendant subsequently ascertains the name or address or receives information which might be of material assistance in finding the person—the defendant forthwith gives notice of the name, address or other information, as the case may be; and 
	(d)	if the defendant is notified by or on behalf of the Crown that the person has not been found by the name or at the address given by the defendant—the defendant forthwith gives notice of any information which might be of material assistance in finding the person and which is then in his possession, or on subsequently receiving any such information, forthwith gives notice of it.
(4)  A notice purporting to be given under this section on behalf of the defendant by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.
(5)  Any evidence tendered to disprove an alibi may, subject to any direction by the Court, be given before or after evidence is given in support of the alibi.
(6)  A notice under this section shall be given in writing addressed to the Director of Public Prosecutions.
(7)  In this section, “evidence in support of an alibi” means evidence tending to show that by reason only of the presence of the defendant at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
Criminating statements admissible though on oath 
411.  No criminating statement by the accused, offered in evidence in any case, if the same was made voluntarily, and before any charge preferred against him, shall be rejected, because of the statement having been on oath.
Evidence of previous conviction charged in an indictment 
414.  No evidence of any previous conviction, charged in an indictment, shall be offered, except in reply to evidence of character, unless the accused is convicted of the subsequent offence charged in such indictment.
Proof of lawful authority or excuse 
417.  Wherever, by this Act, doing a particular act or having a specified article or thing in possession without lawful authority or excuse, is made or expressed to be an offence, the proof of such authority or excuse shall lie on the accused.
On trial for perjury presumption of authority to administer oath, &c. 
423.  On any trial for perjury the person before whom the perjury is alleged to have been committed shall be presumed to have had authority to administer the oath, or take the declaration, or affirmation, unless the contrary is shown.
Witnesses in mitigation 
424.  After the conviction of an accused person in any case, and before sentence passed, the Court may if it sees fit, as well on application by the Crown as by or on behalf of the accused, summon witnesses and examine them on oath, in respect of any matter in extenuation of his offence.
Conviction for alternative offence 
425.  Where, on the trial of a person for an offence, it appears that the facts in evidence amount in law to another offence, he may notwithstanding be found guilty of and sentenced for the first-mentioned offence, and in that case shall not be liable to be prosecuted for the second-mentioned offence on the same facts: 
Provided always, that the Court may discharge the jury from giving any verdict upon such trial, and direct the person to be indicted for the second-mentioned offence.
After trial for an  offence, where alternative verdict possible, no further prosecution
426.  No person tried for an offence, in any case where under this Act he may be acquitted thereof but be found guilty of some other offence, shall be liable to prosecution on the same facts for any such other offence.
On trial for any offence—verdict of attempt 
427.  Where on the trial of a person for any offence the jury are not satisfied that he is guilty thereof, but are satisfied that he is guilty of an attempt to commit, or of an assault with intent to commit, the same, they may acquit him of the offence charged, and find him guilty of such attempt, or assault, and he shall be liable to punishment accordingly.
Multiple alternative verdicts
427A.  Where:
	(a)	a person is on trial for an offence against this Act;
	(b)	by virtue of this Act, the jury may find the accused not guilty of the offence charged but guilty of another offence against this Act; and
	(c)	there is more than one other offence of which the accused may be found guilty;
then, notwithstanding any other provision of this Act, the accused is not liable to be convicted of more than one such other offence.
Reserving questions of law at trial 
428.  (1)  Where any question of law arises on the trial of any person, or is submitted before sentence passed on him, the Court shall, on the application of his counsel then made, and may in its discretion, without any application, reserve every such question for the consideration of the judges of the Supreme Court.
(2)  Upon reserving any such question the Court shall either commit the person to prison, or take his recognizance, with one or more surety or sureties, to appear at such time and place as the Supreme Court may direct, and receive judgment, or, if judgment has been given, that he will render himself in execution.
(3)  The like proceedings may be taken, so far as they are applicable, where any question of law arises on the arraignment of any person, or as to the verdict, or judgment given, or to  be given, thereon.
PART XII
SENTENCES
Court may release juvenile offender on recognizance 
429.2  (1)  Where a person under the age of sixteen years is convicted on indictment of an offence under this Act, the Court may—
	(a)	abstain from passing sentence upon him if he enters into a recognizance with sureties that he will—
	(i)	appear and receive sentence if, within three years, he is so required; and 
	(ii)	keep the peace and be of good behaviour for that period; or 
	(b)	direct that, instead of, or in addition to, any sentence, he be sent, forthwith or at the expiration of his sentence, to an institution in the State of New South Wales for the reception, detention and maintenance of children in pursuance of the provisions of the Child Welfare Agreement Ordinance 1941.
(2)  Where a person of or above the age of sixteen years and under the age of eighteen years is convicted—
	(a)	of an offence under section seventy-one, seventy-two or seventy-six of this Act, and the jury are satisfied that the girl in question was at the time of the offence of or above the age of fourteen years and under the age of sixteen years; or 
	(b)	of an offence under section seventy-two A, seventy-eight A or seventy-eight B,
he may be dealt with in the manner provided by the last preceding sub-section or under the provisions of sections thirty, thirty-one, thirty-two and thirty-three of the Neglected Children and Juvenile Offenders Act, 1905 of the State of New South Wales in its application to the Territory, as amended by the Juvenile Offenders Ordinance 1941.
Sentences—imprisonment and fines 
430.  Where a  person is convicted of an offence against a provision of this Act, the penalty for which is a fine or a term of imprisonment, the Court may, if it thinks fit, impose both penalties on the person.
Fine instead of imprisonment 
431.  (1)  Subject to sub-section (2), when imposing a penalty on a person in respect of an offence against Part IV, being an offence punishable by imprisonment for a period not exceeding 15 years, the Supreme Court may, if it considers a fine to be an appropriate penalty in all the circumstances of the case, impose a fine on the person in addition to or instead of sentencing the person to imprisonment.
(2)  A fine imposed pursuant to sub-section (1) in respect of an offence shall not exceed—
	(a)	where the offence is punishable by imprisonment for  period exceeding 12 months but not exceeding 2 years—
	(i)	if the offender is a natural person—$5,000; or 
	(ii)	in any other case—$25,000; 
	(b)	where the offence is punishable by imprisonment for a period exceeding 2 years but not exceeding 5 years—
	(i)	if the offender is a natural person—$10,000; or 
	(ii)	in any other case—$50,000; 
	(c)	where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years—
	(i)	if the offender is a natural person—$20,000; or 
	(ii)	in any other case—$100,000; and 
	(d)	where the offence is punishable by imprisonment for a period exceeding 10 years—
	(i)	if the offender is a natural person—$30,000; or 
	(ii)	in any other case—$150,000. 
Theft of motor vehicle—cancellation of licence 
432.  (1) Where—
	(a)	a person is convicted of the offence of stealing or attempting to steal a motor vehicle or of an offence under sub-section 120 (1) in relation to a motor vehicle; 
	(b)	a person is charged with an offence referred to in paragraph (a) and, pursuant to sub-section 556A (1), the charge is dismissed or an order is made in respect of the person; or 
	(c)	pursuant to section 448, an offence referred to in paragraph (a) has been taken into account when passing sentence upon a person,
the court may, by order—
	(d)	if the person holds a driving licence under the Motor Traffic Ordinance 1936—cancel that licence or suspend that licence for such period as the court thinks fit; or 
	(e)	if the person does not hold such a driving licence—declare the person to be disqualified from obtaining such a driving licence for such period as the court thinks fit.
(2)  Where the court makes an order under this section, the court shall cause particulars of the order to be forwarded to the Registrar of Motor Vehicles.
Reparation orders 
437.  (1)  Where—
	(a)	a person is convicted of an offence against a law of the Territory; 
	(b)	a person is charged with an offence against a law of the Territory and, pursuant to sub-section 556A (1), the charge is dismissed or an order is made in respect of the person; or 
	(c)	pursuant to section 448, an offence has been taken into account in passing sentence upon a person, then,
in addition to imposing a penalty on, or otherwise dealing according to law with, the person (in this section called the “offender”) the court may order the offender to make reparation to any person, by means of a payment of money or otherwise, in respect of any loss suffered or any expense incurred by that person as a direct result of the commission of the offence.
(2)  Without limiting the generality of sub-section (1), where an offence referred to in sub-section (1) relates to stolen property, the court may, subject to the following sub-sections, make any of the following orders: 
	(a)	an order that any person having possession, custody or control of the stolen property restore it to any person entitled to recover it from him or her;  
	(b)	on the application of a person entitled to recover from the offender any other property directly or indirectly representing the stolen property (as being the proceeds of any disposal or realisation of the stolen property or of property directly or indirectly representing the stolen property)—an order that the property be delivered or transferred to the applicant; 
	(c)	on the application of a person who, if the stolen property were in the possession of the offender, would be entitled to recover it from the offender—an order that an amount not exceeding the value of the stolen property be paid to the applicant by the offender.
(3)  A person is not entitled to recover, pursuant to orders made under this section in respect of stolen property, amounts that, in the aggregate, exceed the value of the property.
(4)  Where the court makes an order under paragraph (2) (a) for the restoration of any property and it appears to the court that the offender has sold the property to a purchaser who was acting in good faith, or has borrowed money on the security of the property from a lender so acting, the court may, on the application of the purchaser or lender, order the offender to pay the applicant an amount not exceeding the amount paid for the purchase by the applicant, or the amount owed to the applicant in respect of the loan, as the case requires.
(5)  Where an offender contravenes an order under this section (not being an order for the payment of money), the person in whose favour the order was made may apply to the court for an order under subsection (5A) to be made against the offender.
(5A)  On application under subsection (5), the court may make an order for the payment of money against the offender in substitution for the contravened order.
(5B)  Where the court makes an order under this section for the payment of money, the court may order that:
	(a)	the amount be paid by specified instalments; and
	(b)	the offender give security, with or without sureties, to the satisfaction of a specified officer of the court for the payment of the amount or of each instalment of the amount.
(5C)  Sections 249 to 253 (inclusive) of the Magistrates Court Act 1930 apply in relation to a security referred to in paragraph (5B) (b) ordered by the Magistrates Court as if it were a security given under that Act.
(5D)  Where:
	(a)	the court has ordered under paragraph (5B) (a) that an amount be paid by instalments; and
	(b)	default is made in the payment of any one instalment;
subsection (5E) applies in relation to that order as if it were for the payment of the whole amount then remaining unpaid.
(5E)  An order under this section may be enforced as if it were a final judgment of the court.
(5F)  Notwithstanding any other law of the Territory, a person is not liable to imprisonment for contravening an order under this section unless compliance with the order was a condition of the discharge under section 556A, or release under section 556B, of the offender.
(6)  An order shall not be made under this section unless, in the opinion of the court, the relevant facts sufficiently appear from evidence given at the trial or from the available documents, together with submissions made by or on behalf of any person in connection with any proposed order.
(7) In this section, “available documents” means any written statements or admissions which were made for use and which would have been admissible as evidence at a trial, the depositions taken at any committal proceedings and any written statements or admissions used as evidence in those proceedings.
(8)  Subject to section 556, nothing in this section shall be construed as abolishing or affecting any cause of action which any person may have for the recovery of goods or property or to recover damages for, or to be indemnified against, any loss suffered or expense incurred, but in any proceedings in relation to any such loss or expense the court shall have regard to any amount paid in pursuance of an order under this section.
(9)  In this section, “loss” and “stolen property” have the same respective meanings as in Division I of Part IV.
Acquittals on ground of insanity 
439.  Where a person, indicted for any offence, is acquitted on the ground that he was insane at the time of committing such offence, or is on arraignment found to be insane, he shall be dealt with in the manner in such case provided by the Lunacy Act or Acts in force for the time being.
Judgment after sentence deferred 
441.  Where a person is convicted of an offence and sentence is deferred, the Court before which he was tried, or the Supreme Court, may pronounce judgment against him at any time afterwards.
Time from which sentence to take effect 
441A.  Where a Court passes a sentence, the sentence shall take effect from the date on which it is passed unless the Court otherwise orders.
Provision for passing sentences of less duration than those fixed 
442.  (1)  Where, by this Act, an offender is made liable to imprisonment for life or to imprisonment for a fixed term, the court may nevertheless pass a sentence of imprisonment of less duration.
(2)  The last preceding sub-section does not prevent the directing of the offender to enter into recognizances to keep the peace and be of good behaviour, nor the making of any orders under this Act or under another law of the Territory.
(3)  Where, by any section of this Act, an offender is made liable to a fine of any fixed amount, the court may nevertheless inflict a fine of less amount.
Cumulative sentences 
443.  (1)  Where a person who is convicted of an offence against a law of the Territory—
	(a)	is, at the time of his or her conviction, serving a term of imprisonment for another offence (whether against a law of the Commonwealth or of a State or Territory); or 
	(b)	has been sentenced to serve a term of imprisonment (otherwise than in default of the payment of a fine) for another offence (whether against a law of the Commonwealth or of a State or Territory), but has not, at the time of his or her conviction for the first-mentioned offence, begun to serve the term of imprisonment,
the court before which the person was convicted of the first-mentioned offence may order that the person shall begin serving any term of imprisonment imposed on the person in respect of the first-mentioned offence (including a term of imprisonment in default of the payment of a fine imposed on the person for the first-mentioned offence) immediately after serving the term of imprisonment referred to in paragraph (a) or (b) as the case requires.
(2)  Where a court commits a person sentenced to a term of imprisonment to prison pursuant to paragraph 556C (4) (e), with or without varying the sentence, the court may order that the person shall begin serving the term immediately after serving another term of imprisonment imposed on the person by that or another court.
(3)  Where a person has been convicted of 2 or more offences against laws of the Territory, and the person is sentenced (whether or not by the court by which the person was convicted) to—
	(a)	2 or more terms of imprisonment for the offences; 
	(b)	a term or terms of imprisonment for one or more of the offences and a term or terms of imprisonment in default of the payment of a fine or fines imposed for the other offence or offences; or 
	(c)	2 or more terms of imprisonment in default of the payment of fines imposed for the offences,
the court may order that all or some of the sentences shall be cumulative.
(4)  Where, pursuant to sub-section (3), a court directs that 2 or more sentences shall be cumulative, they shall take effect one after the other as the court directs or, in default of any direction, in accordance with the sequence in which the convictions are recorded.
(5)  Where—
	(a)	a person is convicted of an offence against a law of the Territory; and 
	(b)	the person is sentenced to a term of imprisonment for the offence and also to a term of imprisonment in default of the payment of a fine imposed for the offence,
the court may order that the person shall begin serving the term of imprisonment in default of the payment of the fine immediately after serving the other term of imprisonment.
(6)  A reference in this section to a fine shall be read as including a reference to a pecuniary penalty, an amount in respect of costs or any other amount ordered to be paid by an offender for or in respect of an offence.
Previous sentences to be noted in new sentence 
446.  Whenever an additional, or cumulative, sentence is passed as aforesaid, the fact of the previous sentence, or sentences, specifying the date, or dates, thereof, and of the term, or terms, of sentence shall be entered on the minutes and record of the sentence lastly passed.
Outstanding charges may be taken into account when passing sentence 
448.  (1)  Where a person is convicted of an offence, not being an offence punishable by imprisonment for life, and the Court is satisfied that—
	(a)	there has been filed in court a document in, or to the effect of, the form set out in the Sixth Schedule, signed by the Director of Public Prosecutions, or by a person authorized in writing by him, and by the person so convicted, containing on the back of the form a list of other offences, not being offences punishable with imprisonment for life, which the person convicted is alleged to have committed; 
	(b)	a copy of that document has been furnished to the person so convicted; and 
	(c)	in all the circumstances of the case it is proper to do so, the Court may, with the consent of the prosecutor and before passing sentence on the person for the offence of which he is convicted, ask the person whether he admits his guilt in respect of all or any of the offences specified in the list and wishes those offences to be taken into account in passing sentence upon him.
(2)  Where a person referred to in sub-section (1) asks the Court to take into account any offence in passing sentence for the offence of which he has been convicted, the Court may take that first-mentioned offence into account in passing sentence.
(3)  The Court shall not take into account under this section any indictable offence that it would not have jurisdiction to try even if the defendant consented to the Court hearing and determining proceedings for the offence or the prosecutor requested the Court to hear and determine those proceedings.
(4)  Where the Court decides to take an offence into account under sub-section (2), the sentence passed by the Court upon the person shall not exceed the maximum sentence that may be passed in respect of the offence of which the person is convicted.
(5)  The Court shall certify upon the document referred to in sub-section (1) the offences (if any) that have been taken into account in passing sentence on the person to whom the document relates for an offence of which that person is convicted, and proceedings or further proceedings shall not be taken against that person in respect of any offence so certified unless his conviction is quashed or set aside.
(6)  An admission of guilt made by a person under this section in respect of an offence shall not be admissible in evidence in any proceedings or further proceedings taken against that person in respect of that offence.
(7)  Where, under this section, an offence is taken into account in passing sentence on a person in respect of another offence of which he is convicted, the person shall not, by reason of the first-mentioned offence being so taken into account, be regarded, for any purpose as having been convicted of that first-mentioned offence.
(8)  Where, under this section, an offence is taken into account in passing sentence on a person in relation to another offence of which he is convicted—
	(a)	reference may be made to the fact that the first-mentioned offence was so taken into account in, or in relation to, any criminal proceedings where reference may lawfully be made to the fact that the person was convicted of the second-mentioned offence; and 
	(b)	evidence may be given of the fact that the first-mentioned offence was so taken into account in, or in relation to, any criminal proceedings where evidence may lawfully be given of the fact that the person was convicted of the second-mentioned offence.
(9)  For the purposes of sub-section (8), the fact that an offence was taken into account in passing sentence on a person in respect of another offence of which he is convicted may be proved in the same manner as the conviction of the person may be proved.
(10)  For the purposes of this section, a reference to passing sentence shall be read as including a reference to—
	(a)	deferring the passing of a sentence; 
	(b)	making an order under sub-section 556A (1); 
	(c)	making an order under sub-section 19B (1) of the Crimes Act 1914; and 
	(d)	making a decision or an order to remand in custody or to remand and release, upon conditions or otherwise.
PART XIII
PROCEEDINGS AFTER SENTENCE
Procedure on forfeiture 
464.  (1)  Where, under a provision of this Act, a Court may order the forfeiture of an article, the Court shall—
	(a)	where the Court is of the view that it is desirable to make further inquiries with respect to the article—order that notice of the proposed forfeiture be given to such persons as the Court directs; or 
	(b)	in any other case—order that the article be forfeited to the Crown.
(2)  After hearing such of the persons to whom notice under sub-section (1) was given as appear, the Court shall—
	(a)	where it is satisfied that the article should be forfeited—order that the article be forfeited to the Crown; or 
	(b)	in any other case—order that the article be delivered to such person as the Court is satisfied is entitled to the article.
(3)  Where a prosecution is pending in relation to an article, the Court shall not make an order under sub-section (2) in relation to the article until the prosecution is determined.
(4)  All articles forfeited under sub-section (2) shall be dealt with as directed by the Attorney-General, and pending his direction, may be detained in such custody as the Court directs.
Common law forfeiture in offences abolished 
465. (1)  No inquest, conviction, or judgment, in respect of any offence, shall cause any escheat or forfeiture of lands or goods.
(2)  There shall be no forfeiture of any chattel which may have moved to, or caused, the death of any human being for or in respect of such death.
Disabilities of offence 
466.  After the conviction of an offender for any offence, until he has endured the punishment to which he was sentenced, or the punishment, if any, substituted for the same, or the unremitted portion of such punishment, or has received a free pardon for his offence, he shall be incapable of holding, or being elected or appointed to any office, or of exercising any electoral or municipal franchise.
Effect of reversing judgment in such cases 
468.  Upon the avoidance or vacating of the conviction of any such person, or reversal of the judgment against him, the provisions of the two last preceding sections, and of section 437, of this Act shall, with respect to such person, determine, and every order made for the payment of money out of his property shall become of no effect, and he shall be restored to all that he may have lost thereby.
Proceedings when question reserved 
470.  (1)  The Judge by whom any question of law is reserved under the provisions of this Act shall, as soon as practicable, state a Case setting forth the same, with the facts and circumstances out of which such question arose, and shall transmit such Case to the Judges of the Supreme Court who shall determine the question, and may affirm, amend, or reverse the judgment given, or avoid or arrest the same, or may order an entry to be made on the record that the person convicted ought not to have been convicted, or may make such other order as justice requires: 
Provided that no conviction, or judgment thereon, shall be reversed, arrested, or avoided, on any Case so stated, unless for some substantial wrong, or other miscarriage of justice.
Case may be sent back for amendment 
(2)  The Judges of the Supreme Court may, if they think fit, cause any Case so stated to be sent back for amendment, and thereupon the same shall be amended, and judgment delivered thereon accordingly.
Argument and judgment on case 
(3)  Every judgment of the Judges on any such Case shall be delivered in open Court—after hearing counsel, or the parties, in case the Attorney-General, or prosecutor, or the person convicted, appears to argue the same—as other judgments of the Supreme Court are delivered.
Certificate of affirmance or reversal 
(4)  Every such determination and order shall be certified, under the hand of the Prothonotary, to the proper officer of the Court in which the conviction took place, who shall enter the same on the record, and if the person convicted is in custody, a certificate shall be transmitted to the gaoler having such custody, which certificate shall be a sufficient warrant for the execution of the judgment, if against the convicted person, or for his discharge from imprisonment, if the judgment has been reversed, avoided, or arrested.
(5)  Such judgment shall be executed, or the person forthwith discharged, or his recognizance, if on bail, be vacated accordingly.
What not sufficient to stay or reverse judgment 
472.  (1)  No judgment after verdict, in any case, shall be stayed or reversed for want of a similiter, nor by reason that the jury process was awarded to a wrong officer, nor for any misnomer, or misdescription, of the officer returning such process, or of any juror, nor because any person served upon the jury who was not returned as a juror.
(2)  Nor shall any verdict be affected, because of the jury not having been instructed that the accused might, on the evidence, be convicted of a less offence than the one charged.
(3)  Where the offence charged is created by statute, or subjected to a greater degree of punishment by any statute, the indictment shall after verdict be sufficient, if it described the offence in the words of the statute.
Pronouncing proper judgment 
473.  No judgment shall be reversed, or avoided, for any error in law in the sentence imposed, but it shall be competent for the Judges of the Supreme Court, in case of any such error, either to pronounce such judgment and sentence as is authorised by law, or to remit the record to the Court whence it came, in order that such Court may pronounce such judgment and sentence as is authorised by law.
New trials regulated 
474.  (1)  A new trial may be granted in the case of any offence, for any cause for which a new trial may now be granted, in respect of all, or some, or one only, of the defendants where two or more are included in the same indictment, although all are not present, nor are parties to the motion, nor have been tried.
Governor-General or Judge may direct inquiry 
475.  (1)  Whenever, after the conviction of a prisoner, any doubt or question arises as to his guilt, or any mitigating circumstance in the case, or any portion of the evidence therein, the Executive, on the petition of the prisoner, or some person on his behalf, representing such doubt or question, or a Judge of the Supreme Court of his own motion, may direct any Magistrate to, and such Magistrate may, summon and examine on oath all persons likely to give material information on the matter suggested.
Attendance of witnesses, &c. 
(2)  The attendance of every person so summoned may be enforced, and his examination compelled, and any false statement wilfully made by him shall be punishable in like manner as if he had been summoned by, or been duly sworn and examined before, the same Magistrate, in a case lawfully pending before him.
Cross-examination by person affected by evidence 
(3)  Where on such inquiry the character of any person who was a witness on the trial is affected thereby, the Magistrate shall allow such person to be present, and to examine any witness produced before such Magistrate.
Form and disposal of deposition 
(4)  Every deposition taken under this section shall be stated in the commencement to have been so taken, and in reference to what case, and in pursuance of whose direction, mentioning the date thereof, and shall be transmitted by the Magistrate, before whom the same was taken, as soon as shall be practicable, to the Executive if the inquiry was directed by him, or to the Judge directing the inquiry, and the matter shall thereafter be disposed of, as to the Executive, on the report of such Judge, or otherwise, shall appear to be just.
PART XIV
OFFENCES PUNISHABLE SUMMARILY AND SUMMARY PROCEDURE GENERALLY 
Summary offences 
476.  An offence against this Act that is—
	(a)	not punishable by imprisonment; or 
	(b)	punishable by imprisonment for a term not exceeding 12 months,
is punishable on summary conviction.
Summary disposal of certain cases 
477.  (1)  This section applies in relation to any offence against a law of the Territory, being—
	(a)	a common law offence; or 
	(b)	an offence punishable by imprisonment for a term not exceeding—
	(i)	if the offence relates to money or other property—14 years; or
	(ii)	in any other case—10 years. 
(2)  Where—
	(a)	a person (in this section referred to as the defendant) is before the Magistrates Court charged with an offence in relation to which this section applies; 
	(b)	the Court is of the opinion that it has no jurisdiction, apart from this section, to hear and determine the charge summarily; and 
	(c)	in the case of a charge relating to money or to property other than a motor vehicle—the amount of the money or the value of the property does not, in the opinion of the Court, exceed $10,000,
the Court may proceed in accordance with the succeeding provisions of this section.
(3)  The Court may invite the defendant to plead guilty or not guilty to the charge.
(4)  Where the defendant pleads guilty to the charge, the Court may accept or reject the plea.
(5)  Where—
	(a)	the defendant does not plead to the charge when invited to do so under sub-section (3); or 
	(b)	a plea of guilty to the charge is rejected under sub-section (4),
the defendant shall be taken to have pleaded not guilty to the charge.
(6)  Where—
	(a)	the defendant pleads or is to be taken to have pleaded not guilty to a charge; 
	(b)	the Court is of the opinion that the case can properly be disposed of summarily; and 
	(c)	the defendant has consented to its being so disposed of,
the Court may hear and determine the charge summarily and may sentence or otherwise deal with the defendant according to law.
(7)  Where—
	(a)	the Court accepts a plea of guilty to a charge; 
	(b)	the Court is of the opinion that the case can properly be disposed of summarily; and 
	(c)	the defendant has consented to its being so disposed of,
the Court may sentence or otherwise deal with the defendant according to law.
(8)  Before forming an opinion whether or not a case can properly be disposed of summarily, the Court shall have regard to—
	(a)	any relevant representations made by the defendant; 
	(b)	any relevant representations made by the prosecutor in the presence of the defendant; 
	(c)	whether, if the defendant were found guilty or the defendant’s plea of guilty has been accepted by the Court, the Court is, by virtue of this section, empowered to impose an adequate penalty, having regard to the circumstances and, in particular, to the degree of seriousness of the case; and 
	(d)	any other circumstances which appear to the Court to make it more appropriate for the case to be dealt with on indictment rather than summarily.
(9)  Where the Court accepts a plea of guilty to a charge, and—
	(a)	the Court is of the opinion that the case cannot properly be disposed of summarily; or 
	(b)	the defendant has not consented to its being so disposed of,
sub-sections 90A (5) to (10) (inclusive) of the Magistrates Court Ordinance 1930 apply in relation to the defendant as if the Court had accepted a plea of guilty to the charge under that section.
(10)  Where the Court disposes of a case summarily pursuant to this section and convicts the defendant of the offence, then, subject to sub-sections (11) and (12), but notwithstanding any other law of the Territory, the Court may not impose a sentence of imprisonment exceeding 2 years nor impose a fine exceeding $5,000.
(11)  Where, pursuant to this section, the Court disposes of a case summarily and convicts a defendant who, at the time of the commission of the offence of which he or she was convicted, had not attained the age of 18 years, then, subject to sub-section (12), but notwithstanding any other law of the Territory, the Court may not impose a sentence of imprisonment exceeding 6 months nor impose a fine exceeding $1,000.
(12)  Where—
	(a)	the Court disposes of a case summarily pursuant to this section and convicts the defendant of an offence; and 
	(b)	the maximum penalty prescribed for the offence by the law creating that offence (in this sub-section referred to as the prescribed penalty) is less than the maximum penalty that the Court, by virtue of sub-section (10) or (11), as the case requires, is authorized to impose,
the Court shall not impose on the defendant a penalty that exceeds the prescribed penalty.
Saving of other summary jurisdiction 
479.  Nothing  in this Part affects the operation of any other law in force in the Territory by which jurisdiction is conferred on the Magistrates Court.
Certificate of dismissal 
480.  Where the Magistrates Court has heard and determined a charge in pursuance of section 477 and has dismissed the charge, the Magistrate constituting the Court or the Clerk of the Court shall, if so requested by the person charged, give that  person a certificate under his hand stating the fact of the dismissal.
Summary conviction or dismissal a bar to indictment 
481.  (1)  A conviction upon a charge disposed of summarily in pursuance of section 477 has the same effect as a conviction upon indictment for the offence would have had and a  person who is so convicted is not afterwards liable to prosecution for the same cause.
(2)  The dismissal by the Magistrates Court of an information heard and determined by the Court in pursuance of section 477 has the same effect as an acquittal of the person charged in a trial on indictment.
Misbehaviour at public meetings 
482.  (1)  A person shall not, in any premises in which a public meeting is being held, behave in a manner that disrupts, or is likely to disrupt, the meeting. 
Penalty: $1,000 or imprisonment for 6 months.
(2)  Where a person presiding at any public meeting reasonably believes that another person in the premises in which the meeting is being held is behaving in a manner that is disrupting, or is likely to disrupt, the meeting, the person so presiding may request any member of the police force who is present to remove the  other person and the member of the police force may remove that other person accordingly.
Possession of offensive weapons 
493.  (1)  A person who, without reasonable excuse, has in his or her possession, in a public place, in circumstances likely to cause alarm, an offensive weapon or a disabling substance is guilty of an offence punishable, on conviction, by a fine of $1,000 or by imprisonment for 6 months.
(2)  In sub-section (1)—
	“disabling substance” means any anaesthetising or other substance made for use for disabling a person, or intended for that use by the person who has it in his or her possession; 
	“offensive weapon” means any thing made or adapted for use for causing bodily injury, or intended for that use by the person who has it in his or her possession.
Possession of offensive weapon with intent 
494.  (1)  A person who has on his or her person an offensive weapon or a disabling substance, in circumstances indicating intent to use the weapon or substance to commit an offence involving actual or threatened violence, is guilty of an offence punishable, on conviction, by a fine of $2,000 or by imprisonment for 12 months.
(2)  In sub-section (1)—
	“disabling substance” means any anaesthetising or other substance made for use for disabling a person, or intended for that use by the person who has it in his or her possession; 
	“offensive weapon” means any thing capable of being used for causing bodily injury.
Laying of poison 
510A.  A person shall not lay any poison which endangers, or is likely to endanger, the life of any domestic animal or bird. 
Penalty: $1,000 or imprisonment for 6 months.
Unlawful possession 
527A.  (1)  A person who—
	(a)	has any money or goods in his custody or in the custody of another person; 
	(b)	has any money or goods in or on any premises, whether the money or goods is or are in or on those premises for his own use or for the use of another person; or 
	(c)	gives custody of any money or goods to a person who is not lawfully entitled to possession of the money or goods,
being money or goods that is or are reasonably suspected of having been stolen or otherwise unlawfully obtained, shall be guilty of an offence punishable, on conviction before a Magistrate, by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 6 months.
(2)  It is a defence to a prosecution for an offence against sub-section (1) if the defendant satisfies the Court that he had no reasonable grounds for suspecting that the money or goods in relation to which the offence is alleged to have been committed was or were stolen or otherwise unlawfully obtained.
(3)  Where—
	(a)	a person convicted of an offence in respect of money or goods under sub-section (1) is the owner of that money or those goods; or 
	(b)	the identity of the owner of any money or goods suspected of having been stolen or otherwise unlawfully obtained without the consent of the owner is not ascertained before the expiration of the period of 3 months commencing on the date on which a person was convicted of an offence under sub-section (1) in respect of that money or those goods,
then—
	(c)	in the case of money—the money shall be paid to the Territory; and 
	(d)	in the case of goods—the goods may be sold by public auction and any proceeds of the sale shall by paid to the Territory.
(4)  Where, at any time after the expiration of the period of 3 months referred to in sub-section (3), the owner of the money or goods referred to in paragraph (3) (b) claims the money or the goods, an amount equal to the amount of that money shall be paid to him or her by the Territory, or the goods shall be returned to him or her or, if the goods have been sold, an amount equal to the proceeds of the sale shall be paid to him by the Territory.
(5)  In this section, “premises” includes any building, structure, vehicle or vessel, or any place, whether built upon or otherwise, and any part of a building, structure, vehicle, vessel or place.
Making a false invoice 
527B.  A person who fraudulently prepares, causes to be prepared or produces an invoice, receipt or document containing a false statement, with intent to induce the belief that anything was not stolen or otherwise unlawfully obtained or to prevent anything from being seized on suspicion of being stolen or otherwise unlawfully obtained or from being produced in evidence concerning an alleged offence, is guilty of an offence punishable, on conviction, by a fine not exceeding $200 or by imprisonment for 3 months.
Application of compensation 
543.  In the case of private property, the compensation for the damage or injury done shall be paid to the party aggrieved, and in the case of property of a public nature, or wherein any public right is concerned, shall be applied as the Magistrate thinks fit.
Obstruction of stream, &c. 
544.  A person shall not place any obstruction in any stream, river or lake, being an obstruction that is likely to endanger the safety of any person.
Penalty: $1,000 or imprisonment for 6 months.
Entrance to  cellars, &c. 
545.  The owner or occupier of any premises in or on which there is any cellar, man-hole or other similar place having an entrance that opens into, upon or near a public place shall have and maintain in good repair a rail, gate, fence or cover effectively enclosing that entrance and shall not permit that entrance to remain open for longer than is reasonably necessary.
Penalty: $1,000 or imprisonment for 6 months.
Offensive behaviour 
546A.  A person shall not in, near, or within the view or hearing of a person in, a public place behave in a riotous, indecent, offensive or insulting manner.
Penalty: $1,000.
Indecent exposure 
546B.  A person who offends against decency by the exposure of his person in a public place, or in any place within the view of a person who is in a public place, is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.
Noise abatement directions 
546C.  (1)  Where it appears to a member of the police force that offensive noise is being, or has at any time during the preceding 30 minutes been, emitted from any premises, he may—
	(a)	direct the person whom he believes to be the occupier of those premises to cause the emission of the noise to cease; or 
	(b)	direct any person whom he believes to be making, or contributing to the making of, the noise to cease making, or contributing to the making of, the noise,
or he may give directions under both paragraphs (a) and (b).
(2)  A person to whom a direction referred to in paragraph (1) (a) is given shall not, without reasonable excuse—
	(a)	fail to cause the emission from the premises of the noise in respect of which the direction was given to cease promptly; or 
	(b)	at any time within 6 hours after the time when the direction was given, cause, permit or allow any offensive noise to be emitted from the premises. 
Penalty: $1,000 or imprisonment for 6 months.
(3)  A person to whom a direction referred to in paragraph (1) (b) is given shall not, without reasonable excuse—
	(a)	fail to promptly cease making, or contributing to the making of, the noise in respect of which the direction was given; or 
	(b)	at any time within 6 hours after the time when the direction was given, make, or contribute to the making of, any offensive noise emitted from the premises. 
Penalty: $1,000 or imprisonment for 6 months.
(4)  A person shall not be convicted of an offence under this section unless the prosecution establishes that the noise to which the alleged offence relates was an offensive noise.
(5)  In this section—
	“offensive noise” means noise that, by reason of its level or nature, or the time at which it is made, or any other circumstances, is likely to be harmful or offensive to, or to interfere unreasonably with the comfort or repose of, persons who are—
	(a)	where the noise is made in premises other than a public place—outside the premises; or 
	(b)	where the noise is made in premises that are a public place—within or outside the premises; 
	“premises” include any place, vehicle or vessel.
Bogus advertisements 
546D.  (1)  A person shall not publish nor cause to be published a bogus advertisement, knowing the advertisement to be bogus. 
Penalty: $1,000 or imprisonment for 6 months.
(2)  In sub-section (1), “bogus advertisement” means an advertisement or notice containing any statement or representation that is false or misleading in a material particular with respect to—
	(a)	any matter related to birth, death, engagement to be married, marriage or employment; or 
	(b)	any matter concerning a person or the property of a person, not being the person who published the advertisement or caused it to be published.
Public mischief 
546E.  (1)  A person who, by any means, makes any representation, creates any circumstance or does any other act intended to make it appear falsely that a situation exists, or an event has occurred, that calls for investigation or action by a police officer or emergency services officer is, if the representation, circumstance or act comes to the knowledge of a police officer or emergency services officer, guilty of an offence punishable, on conviction, by a fine of $2,000 or by imprisonment for 12 months.
(2)  In sub-section (1), “emergency services officer” means—
	(a)	an ambulance officer; 
	(b)	a member of the Australian Capital Territory Fire Brigade; 
	(c)	a member of the Bush Fire Council; or 
	(d)	an officer of any other emergency service.
Apprehended violence or injury—recognizance to keep the peace 
547.  (1)  In every case of apprehended violence by any person to the person of another, or of his or her spouse or child, or of apprehended injury to his or her property, a Magistrate may on the complaint of the person apprehending such violence or injury, issue a summons or warrant as in any case of apprehended violence to the person, where at present security is required to keep the peace—and a Magistrate may examine the complainant, and defendant, and their witnesses, as to the truth of the matter alleged, and, if it appears that the apprehension alleged is reasonable, but not otherwise, the Magistrate may require the defendant to enter into a recognizance to keep the peace, with or without sureties, as in any case of a like nature.
Defamatory words—recognizance for good behaviour 
(2)  If in any such case the defendant has spoken any offensive or defamatory words to or of the complainant, on an occasion when a breach of the peace might have been induced thereby, he or she may be required by the Magistrate to enter into a recognizance, with or without sureties, to be of good behaviour for a term not exceeding six months, and, in default of its being entered into forthwith, the defendant may be imprisoned for three months, unless such recognizance is sooner entered into.
Costs 
(3)  The Magistrate, in every such case, may award costs to either complainant or defendant, to be recovered as costs in summary jurisdiction cases are recoverable.
Alternative methods of proceeding before a Magistrate 
548.  Where by this Act a person is made liable to imprisonment, or to pay a sum of money, on conviction before a Magistrate, such person may be proceeded against and convicted in a summary way under this Act, so far as it is applicable, or under any law in force in the Territory regulating proceedings on summary convictions, and every provision contained in any such law shall be applicable to such proceedings as if the same were incorporated in this Act.
General averment of intent to defraud or injure 
551.  In any proceeding before a Magistrate where it is necessary to allege an intent to defraud, or to injure, it shall be sufficient to allege that the accused did the act with such intent, without alleging an intent to defraud or to injure any particular person.
Discharge of juvenile first offenders 
552.  Where any person under the age of sixteen years is summarily convicted before a Magistrate under this Act, and it is a first conviction, the Magistrate may, if the Magistrate thinks fit, discharge the offender upon his making such satisfaction to the party aggrieved for damages and costs as the Magistrate thinks just, or upon  his entering into a recognizance, with one or more surety or sureties, that he will be of good behaviour for a term to be fixed by the Magistrate, not exceeding the twelve months next ensuing.
Sentence may be for less term or fine of less amount than that fixed herein
553.  Where by any section of this Act an offender is for any offence made liable to imprisonment for a fixed term or to a fine of any fixed amount the Magistrate may nevertheless pass a sentence of imprisonment of less duration or inflict a fine of less amount.
Application of forfeitures and penalties 
555.  Every sum forfeited for the amount of any injury shall be assessed by the convicting Magistrate, and paid to the party aggrieved, except where he is unknown, in which case such sum shall be applied in the same manner as a penalty. 
Every sum imposed as a penalty by a Magistrate, whether in addition to such amount, or otherwise, shall be applied as directed by the Acts in force for the time being providing for the application of penalties: 
Provided that, where several persons have joined in the commission of the same offence, and on conviction are severally adjudged to forfeit a sum equivalent to the amount of the injury done, no greater sum shall be paid to the party aggrieved than such amount, and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a Magistrate is applied.
Summary conviction a bar to further proceedings 
556.  (1)  Where any person, summarily convicted under this Act, pays the sum or sums adjudged to be paid, together with costs, or receives a remission thereof from the Crown, or suffers the imprisonment provided for non-payment thereof, or the imprisonment adjudged in the first instance, or is discharged from his conviction by the Magistrate under section five hundred and fifty-two of this Act, he shall not be liable—
	(a)	to any other criminal proceedings for the same cause; or 
	(b)	to any civil proceedings for the same cause at the suit of the person laying the information upon which he was summarily convicted under this Act.
(2)  Any person against whom civil proceedings have been taken in respect of any act or thing done or omitted to be done by him which is an offence of which he might have been convicted summarily without consent under this Act shall not be liable to any criminal proceedings for the same cause on the information of the person by whom the civil proceedings were taken.
PART XV
CONDITIONAL RELEASE OF OFFENDERS
Conditional release of offenders without proceeding to conviction 
556A.  (1)  Where—
	(a)	a person is charged before a court of the Territory with an offence against a law of the Territory; and 
	(b)	the court is satisfied that the charge is proved but is of opinion, having regard to—
	(i)	the character, antecedents, age, health or mental condition of the person; 
	(ii)	the extent, if any, to which the offence is of a trivial nature; or 
	(iii)	the extent, if any, to which the offence was committed under extenuating circumstances, 
that it is inexpedient to inflict any punishment, or to inflict any punishment other than a nominal punishment, or that it is expedient to release the person on probation,
the court may dismiss the charge or, without proceeding to conviction, by order, direct that the person be discharged upon his giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the court, that—
	(c)	he will be of good behaviour for such period, not exceeding three years, as the court specifies in the order; and 
	(d)	he will, during the period so specified, comply with such conditions (if any) as the court thinks fit to specify in the order, which conditions may include—
	(i)	the condition that the offender will, during the period so specified, be subject to the supervision on probation under a person, for the time being, appointed in accordance with the order; 
	(ii)	the condition that the offender will obey all reasonable directions of a person so appointed; and 
	(iii)	the condition that the offender will comply with an order made pursuant to section 437.
(2)  Where a person has been discharged in pursuance of an order made under the last preceding sub-section upon the condition that he will be of good behaviour for a period specified in the order (in this section referred to as “the period of good behaviour”) and information is laid before a magistrate, whether before or after the expiration of the period of good behaviour, alleging that the person has, during the period of good behaviour—
	(a)	failed to be of good behaviour; or 
	(b)	failed to comply with a condition specified in the order in accordance with paragraph (d) of the last preceding sub-section,
the magistrate may issue a summons directing the person to appear before the court by which the person was discharged at a time specified in the summons and show cause why the person should not be dealt with by that court under this section, or, if the information is laid on oath, may issue a warrant for the arrest of the person and for the person to be brought before that court to be dealt with under this section.
(3)  Where a person who has been discharged by an order made under sub-section (1) of this section appears before the court by which the person was discharged on summons or warrant issued under sub-section (2), the court may, if it is satisfied that the person has, during the period of good behaviour—
	(a)	failed to be of good behaviour; or 
	(b)	failed to comply with a condition specified in that order in accordance with paragraph (d) of sub-section (1) of this section,
impose on the person any penalty which the court would, if the person had then and there been convicted of the offence with which he was originally charged, be empowered to impose or make any order (including an order under sub-section (1) of this section or an order under sub-section (1) of the next succeeding section) which the court would, if he had then and there been convicted of the offence of which he was originally charged, be empowered to make.
(4)  Where a recognizance that was entered into in accordance with an order made under sub-section (1) of this section is varied under section five hundred and fifty-six D of the Crimes Act, a corresponding variation shall be deemed to have been made in the terms of that order, and the last two preceding sub-sections apply to and in relation to that order—
	(a)	in a case where the period specified in the order in accordance with paragraph (c) of sub-section (1) of this section is to be deemed to have been varied—as if references in the last two preceding sub-sections to that period were read as references to that period as it is to be deemed to have been varied; and 
	(b)	in a case where the conditions specified in the order in accordance with paragraph (d) of sub-section (1) of this section are to be deemed to have been varied (whether by the alteration of such a condition or the addition of a further condition)—as if references in the last two preceding sub-sections to a condition so specified were read as references to a condition included in those conditions as they are to be deemed to have been varied.
(5)  Where a person is dealt with under sub-section (3) the court may, in addition to imposing a penalty on the person or making an order against the person, order that any recognizance given by him or by a surety for him shall be estreated and that any other security given by or in respect of him shall be enforced.
Conditional release of offenders 
556B.  (1)  Subject to this section, where a person is convicted of an offence against the law of the Territory, the Court by which he is convicted may, if it thinks fit, by order—
	(a)	release the person without passing sentence upon him upon his giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the Court that—
	(i)	he will be of good behaviour for such period as the Court specifies in the order; 
	(ii)	he will, during the period so specified, comply with such conditions (if any) as the Court thinks fit to specify in the order, which conditions may include—
(A)	the condition that the offender will, during the period so specified, be subject to the supervision on probation under a person, for the time being appointed in accordance with the order; 
(B)	the condition that the offender will obey all reasonable directions of a person so appointed; and 
(C)	the condition that the offender will comply with an order made pursuant to section 437; and 
	(iii)	he will pay to the Territory such penalty (if any) as the Court specifies in the order on or before a date specified in the order or by specified instalments as provided in the order; or 
	(b)	sentence the person to a term of imprisonment but direct that the person be released, upon his giving a like security to that referred to in the last preceding paragraph, either forthwith or after he has served a specified part of the sentence imposed upon him.
(2)  Where a person is convicted of an offence in respect of which a fine might be imposed on the person instead of imprisonment, the last preceding sub-section does not authorize the court by which he is convicted, when directing that the person be released as provided in paragraph (a) of that sub-section, to require the person to give security for the payment of a penalty exceeding the maximum amount of the fine that might be so imposed.
(3)  Sub-section (1) of this section does not authorize the Magistrates Court when directing that a person be released as provided in paragraph (a) of that sub-section, to require the person to give security for the payment of a penalty where the offence of which the person has been convicted is an offence in respect of which the Court is empowered to sentence the person to imprisonment but the maximum term of imprisonment to which the court may sentence the person is less than six months.
(5)  Where a court releases a person under paragraph (a) of sub-section (1) of this section upon his giving security for the payment of a penalty, the provisions of section four of the Fines and Penalties Act, 1901, of the State of New South Wales, in its application in the Territory, do not apply to or in relation to the penalty so required to be paid.
(6)  Where a court makes an order for the release of a person upon his giving security for the payment of a penalty, the Court shall specify in the order the person to whom and the place at which the penalty, or each instalment of the penalty, as the case may be, is to be paid.
(7)  The maximum amount of the penalty that a court may specify in respect of an offence in an order made under sub-section (1) in relation to a person is—
	(a)	where the offence is punishable by a fine—the amount of the maximum fine that the court is empowered to impose on the person for the offence; or 
	(b)	where the offence is not punishable by a fine—
	(i)	in the case of the Supreme Court—$10,000; or 
	(ii)	in the case of the Magistrates Court—$2,000. 
Failure to comply with condition of recognizance or release 
556C.  (1)  Where a person has been released in pursuance of an order made under the last preceding section upon the condition that he will be of good behaviour for a period specified in the order in accordance with sub-paragraph (i) of paragraph (a) of sub-section (1) of that section (in this section referred to as “the period of good behaviour”) and information is laid before a magistrate, whether before or after the expiration of the period of good behaviour, alleging that—
	(a)	the person has failed during the period of good behaviour to comply with a condition specified in the order in accordance with sub-paragraph (ii) of paragraph (a) of sub-section (1) of the last preceding section; 
	(b)	the person has failed to pay, as provided in the order, the penalty or an instalment of the penalty for the payment of which he has given security; or 
	(c)	the person has been convicted, whether within or outside the Territory, of an offence committed during the period of good behaviour,
the magistrate may issue a summons directing the person to appear before the court by which he was so released at a time specified in the summons and show cause why he should not be dealt with by that court under this section or, if the information is laid on oath, may issue a warrant for the arrest of the person and for his being brought before the court by which he was so released to be dealt with under this section.
(2)  Sections twenty-eight and twenty-nine of the Magistrates Court Ordinance 1930 apply to and in relation to a summons or information under the last preceding sub-section.
(3)  Where a person is arrested by virtue of a warrant under sub-section (1) of this section that requires him to be brought before the Supreme Court and the Supreme Court is not sitting at the time of his arrest, the person shall be brought before a magistrate who may admit the person to bail on such recognizance as the magistrate thinks fit on condition that the person appears before the Supreme Court at such time and place as the magistrate specifies to be dealt with by the Supreme Court under this section or may direct that he be kept in such custody as the magistrate directs until he can be brought before the Supreme Court to be so dealt with.
(4)  Where a person who has been released in pursuance of an order made under the last preceding section appears before the court on summons or warrant issued under sub-section (1) of this section or as a result of having been committed to be dealt with by the court under the last preceding sub-section, the court, if it is satisfied that—
	(a)	the person has failed during the period of good behaviour to comply with a condition specified in the order in accordance with sub-paragraph (ii) of paragraph (a) of sub-section (1) of the last preceding section; 
	(b)	the person has failed to pay, as provided in the order, the penalty or an instalment of the penalty for the payment of which he has given security; or 
	(c)	the person has been convicted, whether within or outside the Territory, of an offence committed during the period of good behaviour,
may—
	(d)	in a case where the person was released without sentence having been passed on him—impose on the person any penalty which the Court would, if the person had then and there been convicted of the offence with which he was originally charged, be empowered to impose or make any order (including an order under sub-section (1) of the last preceding section) which the Court would, if he had then and there been convicted of the offence of which he was originally charged, be empowered to make; or 
	(e)	in a case where the person having been sentenced, was released forthwith or after he had served a specified part of the sentence imposed on him—commit the person to prison to undergo imprisonment for such term, being a term not exceeding the sentence or the balance of that sentence, as the case requires, or make any order (including an order under sub-section (1) of the last preceding section) which the Court would, if he had then and there been sentenced for the offence of which he was originally charged, be empowered to make.
(5)  Where the court commits to prison a person who had served  part of his sentence, the order for his release from prison shall, if the period of good behaviour has not elapsed, be deemed  to have been revoked.
(6)  Where a person who has been released under sub-section (1) of the last preceding section is convicted by the Supreme Court of an offence committed during the period of good behaviour, the Supreme Court may, upon convicting the person and in addition to dealing with the person for the offence of which he is convicted, deal with the person in like manner as it or the Magistrates Court, as the case may be, could deal with the person if he were before whichever of those courts is the appropriate court in pursuance of a summons or warrant issued under sub-section (1) of  this section.
(7)  Where a person who has been released under sub-section (1) of the last preceding section is convicted by the Magistrates Court of an offence committed during the period of good behaviour, the Magistrates Court may, upon convicting the person and in addition to dealing with the person for the offence of which he is convicted—
	(a)	if the person had been so released by an order of the Supreme Court—commit him to be dealt with by the Supreme Court under this section and then deal with him in like manner as a magistrate may deal with a person brought before him under sub-section (3) of this section; or 
	(b)	if the person had been so released by order of the Magistrates Court—deal with the person in like manner as it could deal with the person if he were before the Magistrates Court in pursuance of a summons or warrant issued under sub-section (1) of this section.
(8)  Where a person is dealt with by the court under this section, the court may, in addition to the imposition of a penalty or to so dealing with him, but subject to the next succeeding sub-section, order that any recognizance given by him or by a surety for him shall be estreated and that any other security given by or in respect of him shall be enforced.
(9)  Where a person who has been released under  sub-section (1) of the last preceding section upon giving security for the payment of a penalty is dealt with by the Court under this section, the person and any surety—
	(a)	ceases to be liable to pay any part of the penalty that remains unpaid; and 
	(b)	is not entitled to recover any part of the penalty that has already been paid.
(10)  Where a recognizance that was entered into in accordance with an order made under sub-section (1) of the last preceding section is varied under the next succeeding section, a corresponding variation shall be deemed to have been made in the terms of that order, and the preceding sub-sections of this section apply to and in relation to that order—
	(a)	in a case where the period specified in the order in accordance with sub-paragraph (i) of paragraph (a) of sub-section (1) of the last preceding section is to be deemed to have been varied—as if references in those sub-sections to that period were read as references to that period as it is to be deemed to have been varied; 
	(b)	in a case where the conditions specified in the order in accordance with sub-paragraph (ii) of paragraph (a) of sub-section (1) of the last preceding section are to be deemed to have been varied (whether by the alteration of such a condition or the addition of a further condition)—as if references in the preceding sub-sections of this section to a condition so specified were read as references to a condition included in those conditions as they are to be deemed to have been varied; and 
	(c)	in a case where the provisions of the order with respect to the amount of the penalty, or the manner in which the penalty or the instalments of the penalty are to be paid have been varied or the amount of each instalment of the penalty has been varied—as if references in the preceding sub-sections of this section to failure to pay, as provided in the order, the penalty or an instalment of the penalty were read as references to failure to pay, as provided in the order as it is to be deemed to have been varied, the penalty or an instalment of the penalty.
Power to discharge or vary conditions of recognizance 
556D.  (1)  Where a person has given a recognizance under section five hundred and fifty-six A or five hundred and fifty-six B of the Crimes Act, the court before which the person is bound by his recognizance may—
	(a)	upon application by an authorized person, the person who has given the recognizance or his surety; and 
	(b)	upon being satisfied that the conduct of the person bound by the recognizance has been such as to make it unnecessary that he should remain bound by the recognizance,
discharge the recognizance and any surety given in respect of the recognizance.
(2)  Where a person has given a recognizance under section five hundred and fifty-six A or five hundred and fifty-six B of the Crimes Act, an authorized person, the person who has given the recognizance or his surety may apply to the Court before which the person is bound by the recognizance for a variation of the terms of the recognizance including a reduction of the amount of penalty that is to be paid by the person who has given the recognizance or a variation of the manner in which the penalty or the instalments of penalty are to be paid by that person.
(3)  Upon application being made to a Court under the last preceding sub-section, the Court may, if satisfied that notice as required by sub-section (5) or (6) of this section has been given and upon hearing the applicant and any person to whom notice has been so given, vary, if it thinks fit to do so, the terms of the recognizance in all or any of the following ways, that is to say, by—
	(a)	extending or reducing the duration of the recognizance; 
	(b)	altering the conditions of the recognizance; 
	(c)	inserting additional conditions in the recognizance; 
	(d)	reducing the amount of the penalty that is to be paid by the person; and 
	(e)	altering the  manner in which the penalty or the instalments of penalty are to be paid.
(4)  A court shall not extend the duration of a recognizance given by a person under section five hundred and fifty-six A of this Act beyond the period of three years from the date of the order under that section discharging the person.
(5)  Where an application is made under sub-section (1) or (2) of this section by an authorized person, the authorized person shall cause notice of the application and of the time and place fixed for the hearing of the application to be served on the person who has given the recognizance and, if that person has a surety in respect of the recognizance, on the surety.
(6)  Where an application is made under sub-section (1) or (2) of this section by a person who has given a recognizance or by his surety, the person making the application shall cause notice of the application, and of the time and place fixed for the hearing of the application, to be served on the Director of Public Prosecutions or on a person authorized by the Director of Public Prosecutions, and—
	(a)	if the application is made by a surety—on the person who has given the recognizance; or 
	(b)	if the application is made by the person who has given the recognizance and that person has a surety—on his surety.
(7)  Where notice of an application is served on a surety under either of the last two preceding sub-sections, the surety may appear on the hearing or further hearing of the application and show cause before the court why he should not continue to be bound by the terms of the recognizance.
(8)  Where a court varies the terms of a recognizance, a person who is a surety in respect of the recognizance continues to be bound by the recognizance as so varied except that—
	(a)	if the recognizance is varied by extending its duration—he is not bound after the expiration of the period for which he had agreed to be bound when he entered into the recognizance; 
	(b)	if the recognizance is varied by altering a condition—he is not bound by that condition as altered; and 
	(c)	if the recognizance is altered by the addition of a condition—he is not bound by the additional condition,
unless he agrees to be bound by the recognizance as so varied.
(9)  Where the court varies a recognizance by altering a condition of the recognizance, the court shall direct the extent, if any, to which a surety in respect of the recognizance is to continue to be bound by the condition as it existed before the alteration and the condition as it so existed shall be deemed, after the variation of the recognizance, to bind the surety to that extent but not otherwise.
(10)  In this section—
	(a)	“authorized person” means the Attorney-General or a person appointed under section fifty-three of the Australian Capital Territory Supreme Court Act 1933-1968 to prosecute indictable offences triable before the Supreme Court of the Australian Capital Territory; and 
	(b)	references to a variation of the manner in which the instalments of penalty are to be paid by a person shall be read as including references to a variation of the amount of any instalments of the penalty.
Recovery of amounts where recognizances estreated 
556E.  (1)  Where the Supreme Court has,  under sub-section (8) of section five hundred and fifty-six C of the Crimes Act made an order that a recognizance given by a person or by a surety for him be estreated, the order shall, upon being filed by the Registrar of that Court, be deemed to have the same effect as if the order were a judgment by the Supreme Court in favour of the Territory against the person who has given the security or his surety for the amount for which the person or the surety was bound, and the like proceedings may be taken for the enforcement of the order as if it were such a judgment.
(2)  Where the Magistrates Court has under sub-section (5) of section five hundred and fifty-six A of the Crimes Act or under sub-section (8) of section five hundred and fifty-six C of the Crimes Act, made an order that a recognizance given by a person or by a surety for him be estreated, the order shall, upon being filed by the Clerk of the Magistrates Court, be deemed to have the same effect as if it were a judgment entered by the Clerk of the Magistrates Court on a claim by the Territory for recovery of the amount for which the person who has given the recognizance or the surety was bound, and the like proceedings may be taken for the enforcement of the order as if it were a judgment entered on such a claim.
PART XVA—COMMUNITY SERVICE ORDERS
Interpretation
556F.  In this Part, unless the contrary intention appears—
	“authorized officer” means a person appointed under section 4 of the Supervision of Offenders (Community Service Orders) Ordinance 1985; 
	“community service order” means an order made by a court pursuant to section 556G; 
	“offender” means a person in respect of whom a community service order is in force; 
	“officer of the court” means—
	(a)	in relation to a community service order made by the Supreme Court—the Registrar of the Supreme Court; and 
	(b)	in relation to a community service order made by the Magistrates Court—the Clerk of the Magistrates Court; 
	“supervisor” means a person appointed under section 5 of the Supervision of Offenders (Community Service Orders) Ordinance 1985.
Directions to perform work 
556G.  (1)  Where a person who has attained the age of 18 years is convicted of an offence against a law of the Territory punishable by imprisonment, the court may, if it thinks fit, instead of sentencing the person to imprisonment, by order—
	(a)	direct him to perform unpaid work for such number of hours, being a number that is a multiple of 8, not less than 24 and not more than 208, as the court specifies; 
	(b)	require him to report to an authorized officer within such time (if any) as the court specifies; and 
	(c)	direct that he be released from custody forthwith.
(2)  Nothing in sub-section (1) affects the power of a court—
	(a)	to order an offender to make restitution of property; 
	(b)	to direct an offender to pay compensation to an aggrieved person; 
	(c)	to make an order for costs against an offender; 
	(d)	to suspend or cancel an offender’s licence to drive a motor vehicle or to disqualify an offender from holding such a licence for such period as the court thinks fit; 
	(e)	to order the forfeiture of any property. 
	(f)	to impose a fine upon an offender; or 
	(g)	to make an order in respect of an offender pursuant to paragraph 556B (1) (a).
(3)  Where a person who has attained the age of 18 years is liable to be committed to prison pursuant to sub-section 150 (1) of the Magistrates Court Ordinance 1930, the Magistrates Court may, if it thinks fit, instead of so committing him, by order, direct him—
	(a)	to perform unpaid work for such number of hours as the court specifies, being a number that is a multiple of 8 and is not less than 24 but not more than—
	(i)	the number equal to the number of hours he would work if he were to work for 8 hours on each of the days in respect of which he was liable to be committed to prison; or 
	(ii)	208, 
		whichever is less; and 
	(b)	to report to an authorized officer within such time (if any) as the court specifies,
and where a community service order has been made under this sub-section in respect of a person the person shall not be committed to prison under the first-mentioned sub-section in respect of that liability unless the order is revoked pursuant to sub-section 556K (5).
(4)  Where a community service order has been made, the officer of the court shall—
	(a)	cause the order to be reduced to writing in accordance with Form 1 or Form 2 in Schedule 5, as the case requires; and 
	(b)	cause a copy of the order to be given to the offender and another copy to be given to an authorized officer.
(5)  Where a court—
	(a)	makes more than one community service order in respect of the same offender; or 
	(b)	makes a community service order while another community service order is in force in respect of the relevant offender,
the court may direct that the hours specified in the last-made order be worked concurrently with or in addition to any hours to be worked pursuant to any other community service order in force in respect of the offender.
(6)  The number of hours for which an offender in respect of whom two or more community service orders are in force may, after the date on which the later or last of those orders was made, be required to perform unpaid work pursuant to those orders shall not exceed, in the aggregate, 208.
Effect of payment of fine, &c., where community service order made 
556H.  (1)  Where a community service order has been made pursuant to sub-section 556G (3)—
	(a)	the number of hours for which the relevant offender is required to perform work pursuant to the order shall, upon payment of part of the amount that the offender was liable to pay in accordance with the terms of the relevant conviction or order referred to in sub-section 150 (1) of the Magistrates Court Ordinance 1930, be reduced by the prescribed number of hours; and 
	(b)	the community service order ceases to have effect upon payment of the whole of that amount.
(2)  For the purposes of paragraph (1) (a), the prescribed number of hours is—
	(a)	the number of hours that bears to the number of hours specified in the relevant community service order the same proportion as the amount paid bears to the whole of the amount referred to in that paragraph; or 
	(b)	where the number of hours first referred to in paragraph (a) is not a number that is a multiple of 8—the next lower number that is a multiple of 8.
(3)  Notwithstanding paragraph (1) (a) but otherwise subject to this Part, where, but for this sub-section, the number of hours for which an offender is required to perform work pursuant to a community service order would, by virtue of the operation of sub-section (1), be reduced to less than 24 hours, that community service order shall have effect as if the first-mentioned number of hours had been reduced to 24 hours.
Circumstances in which a community service order may be made 
556J.  (1)  A court shall not make a community service order in respect of a person unless—
	(a)	the person consents; 
	(b)	the person submits himself to a medical examination by a duly qualified medical practitioner, if so required by the court; and 
	(c)	the court is satisfied that—
	(i)	the person is a suitable person to perform work under such an order; and 
	(ii)	work of a suitable nature will be provided for the person. 
(2)  Before making a community service order, the court shall explain to the person in respect of whom the order is to be made—
	(a)	the effect that the proposed order would have; 
	(b)	the consequences of non-compliance with the order and of the commission of an offence under sub-section 556K (1); and 
	(c)	that the court has the power to review the order upon the application of an authorized officer or of the offender.
(3)  For the purpose of paragraph (1) (c), the court may have regard to—
	(a)	the report of an authorized officer; and 
	(b)	where a person has submitted to a medical examination by a duly qualified medical practitioner as required by the court—the report of that medical practitioner in respect of that examination.
Obligations of offender and consequences of failure to comply 
556K.  (1)  An offender who, without reasonable excuse, refuses or fails to—
	(a)	comply with a community service order; 
	(b)	inform an authorized officer of any change in his address; 
	(c)	comply with the directions of an authorized officer with regard to the performance of work pursuant to a community service order; 
	(d)	perform work pursuant to a community service order in a satisfactory manner; or 
	(e)	comply with any reasonable request of a supervisor while performing work pursuant to a community service order,
is guilty of an offence and shall be dealt with in accordance with this section.
(2)  Where it appears to an authorized officer that an offender has committed an offence under sub-section (1), the authorized officer may lay an information before a magistrate in respect of that offence.
(3)  Where an information has been laid before a magistrate under sub-section (2), the magistrate may cause a summons to be issued requiring the offender to appear, at a time and place to be fixed, before the court that made the community service order to answer to the information and to be further dealt with according to law.
(4)  If the offender fails to appear before a court in answer to a summons issued in accordance with sub-section (3), the court shall adjourn the proceedings and may issue a warrant for the apprehension of the offender and for the offender to be brought before that court.
(5)  Subject to sub-section (6), where an offender appears or is brought before a court pursuant to this section and the court is satisfied that the offender has committed an offence under sub-section (1), the court may make one or more of the following orders: 
	(a)	an order extending the period during which the relevant community service order is to remain in force; 
	(b)	an order varying the relevant community service order by increasing the number of hours for which the offender is required to perform unpaid work pursuant to the community service order; 
	(c)	an order requiring the offender to perform work pursuant to the relevant community service order other than the work he has been performing; 
	(d)	an order revoking the relevant community service order; 
	(e)	an order that the offender pay a penalty not exceeding $1,000.
(6)  Where—
	(a)	an offender appears or is brought before a court pursuant to this section; and 
	(b)	the court is satisfied that the offender has committed an offence under sub-section (1) but is of the opinion that an order should not be made under sub-section (5),
the court may decline to make such an order and may instead admonish the offender in respect of that offence.
(7)  Where under sub-section (5) a court revokes a community service order that was made in respect of a person pursuant to sub-section 556G (1), the court may make such other order in respect of that person as it thinks fit, being an order that the court would, if the person were then before the court for sentence for the offence in respect of which the community service order was made, be empowered to make, and in making such an order the court shall have regard to—
	(a)	any work performed by that person pursuant to the community service order; 
	(b)	any fine imposed on the person in respect of that offence; and 
	(c)	any other order made in respect of the person in relation to that offence.
(8)  A community service order shall not be varied pursuant to paragraph (5) (b) so that the relevant offender would be required to perform, after the time at which the variation took effect, unpaid work pursuant to the order for a total period exceeding 208 hours.
Community service order to cease to have effect after 12 months except where period extended
556L.  (1)  Subject to sub-section (2) and sub-section 556K (5), a community service order, unless earlier discharged, shall cease to have effect upon the expiration of the period of 12 months commencing on the date on which the order was made.
(2)  On the application of an authorized officer, a court that made a community service order may extend the period during which the order is to have effect if, having regard to circumstances that have arisen since the order was made, it appears to the court to be in the interests of justice to do so.
(3)  Where an application is made to a court under sub-section (2) by an authorized officer, the court shall issue a summons to the relevant offender to appear before it on the hearing of the application and, if he does not appear in answer to the summons, shall adjourn the hearing of the application and may issue a warrant for the apprehension of the offender and for the offender to be brought before the court.
Revocation and variation of community service order and variation of nature of work
556M.  (1)  On the application of an offender or an authorized officer, the court that made the relevant community service order may—
	(a)	in the case of an order made pursuant to sub-section 556G (1)—
	(i)	revoke the order; or 
	(ii)	vary the order by substituting a lesser number of hours for that specified in the order; and 
	(b)	in the case of an order made pursuant to sub-section 556G (3)—revoke the order,
if, having regard to circumstances that have arisen since the order was made, it appears to the court to be in the interests of justice to do so.
(2)  Where, under sub-section (1), a court revokes a community service order that was made in respect of a person pursuant to sub-section 556G (1), the court may make such other order in respect of that person as it thinks fit, being an order that the court would, if the offender were then before the court for sentence for the offence in respect of which the community service order was made, be empowered to make, and in making such an order the court shall have regard to any work performed by that person pursuant to the community service order.
(3)  On the application of an offender, the court that made the relevant community service order may direct an authorized officer to arrange for the offender to do work other than the work he has been doing pursuant to the community service order.
(4)  Where an application is made to a court under sub-section (1) by an authorized officer, the court shall issue a summons to the offender to appear before it on the hearing of the application and, if he does not appear in answer to the summons, the court shall adjourn the hearing of the application and may issue a warrant for the apprehension of the offender and for the offender to be brought before the court.
(5)  Where an application is made to a court under this section by an offender, the officer of the court shall cause notice of the application and of the time and place fixed for the hearing of the application to be served on an authorized officer.
Power of court where offender convicted of further offence 
556N.  (1)  Where, after a community service order has been made, the relevant offender—
	(a)	is convicted by the Supreme Court of an offence; or 
	(b)	is committed to the Supreme Court pursuant to paragraph (3) (b),
the Supreme Court may deal with him in relation to the community service order in like manner as it or the Magistrates Court, as the case may be, could deal with him under section 556K if he had committed an offence under sub-section 556K (1).
(2)  The powers of the Supreme Court under sub-section (1) with respect to a person who has been convicted by that court of an offence are in addition to its powers to deal with him in relation to that offence.
(3)  Where, after a community service order has been made, the relevant offender is convicted by the Magistrates Court of an offence, then, inaddition to dealing with the offender in relation to that offence, the court—
	(a)	may, if the community service order was made by that court, deal with the offender in like manner as it could deal with him under section 556K if he had committed an offence under sub-section 556K (1) in relation to the community service order; or 
	(b)	shall, if the community service order was made by the Supreme Court, commit the offender to the Supreme Court to be dealt with in accordance with sub-section (1).
(4)  Where, pursuant to paragraph (3) (b), the Magistrates Court commits an offender to the Supreme Court, the Magistrates Court may admit him to bail on such recognizance as it thinks fit, on condition that he appears before the Supreme Court at a time and place to be fixed to be dealt with by the Supreme Court in accordance with sub-section (1), or may direct that he be kept in such custody as the Magistrates Court directs until he can be brought before the Supreme Court.
(5)  Where a court deals with a person under this section the court shall have regard to any work performed by that person pursuant to the relevant community service order.
Apprehension of offender about to leave Territory 
556P.  (1)  Where a magistrate is satisfied by information on oath that there are reasonable grounds for believing that an offender is about to leave the Territory with the intention of avoiding any of the requirements of a community service order, of this Part or of the Supervision of Offenders (Community Service Orders) Ordinance 1985, the magistrate may issue a warrant for the apprehension of the offender and for the offender to be brought before the Magistrates Court.
(2)  A warrant under sub-section (1) shall—
	(a)	be in writing signed by the magistrate issuing it; 
	(b)	be directed to all police officers or to a named police officer; and 
	(c)	state shortly the matters of the information on which it is founded.
(3)  A warrant under sub-section (1) may be issued on a Sunday as on any other day.
(4)  A person who has been apprehended pursuant to a warrant issued under this section shall be brought before the Magistrates Court as soon as practicable after he is taken into custody.
Power of court re offender about to leave Territory 
556Q.  (1)  Where the Magistrates Court is satisfied that an offender brought before it pursuant to section 556P is about to leave the Territory with the intention of avoiding any of the requirements of the relevant community service order, of this Part or the Supervision of Offenders (Community Service Orders) Ordinance 1985, the court—
	(a)	may, if the community service order was made by that court, deal with the offender in like manner as it could deal with him under section 556K if he had committed an offence under sub-section 556K (1) in relation to the community service order; or 
	(b)	shall, if the community service order was made by the Supreme Court, remand him in custody to be brought before the Supreme Court.
(2)  Where an offender has been brought before the Supreme Court pursuant to paragraph (1) (b), the court may deal with the offender in like manner as it could deal with him under section 556K if he had committed an offence under sub-section 556K (1) in relation to the relevant community service order.
Effect of compliance with, or revocation of, certain community service orders 
556R.  (1)  Where a community service order that was made in respect of a person pursuant to sub-section 556G (3) ceases to have effect otherwise than by reason of the revocation of the order pursuant to sub-section 556K (5), that person ceases to be liable to pay the amount that he was liable to pay in accordance with the terms of the relevant conviction or order referred to in sub-section 150 (1) of the Magistrates Court Ordinance 1930.
(2)  Where—
	(a)	a community service order that was made in respect of a person pursuant to sub-section 556G (3) is revoked pursuant to sub-section 556K (5); 
	(b)	that person has performed work in accordance with the community service order; and 
	(c)	a magistrate, upon the revocation of the community service order, commits that person to prison in accordance with sub-section 150 (1) of the Magistrates Court Ordinance 1930,
the magistrate shall have regard to the work performed by that person pursuant to the community service order and may, if it seems to him to be proper in all of the circumstances of the case to do so, vary the relevant conviction or order referred to in sub-section 150 (1) of the Magistrates Court Ordinance 1930 by substituting for the period specified in that conviction or order such lesser period of imprisonment as he considers appropriate.
Service of documents
556S.  A document that is required or permitted under this Ordinance to be served on or given to a person may be served or given—
	(a)	by delivering a copy of the document to the person; or 
	(b)	by leaving a copy of the document at the last known place of residence or business of the person with a person apparently resident or employed at that place and apparently over the age of 16 years.
Power of court where offender apprehended under this Part 
556T.  (1)  Where an offender is apprehended and brought before a court in accordance with this Part, otherwise than in accordance with section 556P, the court has the same power to remand the offender in custody, admit the offender to bail or order the discharge of the offender upon recognizance as it has in respect of a defendant.
(2)  Where an offender fails to comply with the condition of a recognizance entered into for the purposes of this Part the court has the same powers as it would have if at the time the offender entered into the recognizance he had been a defendant.
Power of court in certain circumstances upon revoking community service order
556U.  Where—
	(a)	a court, pursuant to sub-section 556K (5) or 556M (1), revokes a community service order that was made in respect of a person under sub-section 556G (1); and 
	(b)	the court proposes to make an order in respect of that person under sub-section 556K (7) or 556M (2),
then, pending the making of that order, the court has the same powers in relation to that person as it would have if, at the time of revocation of the community service order, it had made a finding of guilt against him of an offence.
Discharge of community service order
556V.  For the purposes of this Act and the Supervision of Offenders (Community Service Orders) Ordinance 1985, an offender shall be taken to have discharged a community service order if he has worked or is, pursuant to that Ordinance, to be taken to have worked, pursuant to the order for the number of hours specified in the order.
Jurisdiction of Supreme Court 
556W.  Jurisdiction is vested in the Supreme Court to hear and determine matters under this Part relating to a community service order made by that court.
PART XVI
MISCELLANEOUS ENACTMENTS
Protection of persons acting under this Act 
563.  (1)  All actions against any person, for anything done, or reasonably supposed to have been done in pursuance of this Act, shall be commenced within six months after the fact committed, and notice in writing of any such action, and of the cause thereof, shall be given to the defendant one month at least before commencement of the action, and in any such action the defendant may plead the general issue, and give the special matter in evidence thereupon.
(2)  No plaintiff shall recover in any such action, if a tender of sufficient amends was made before action brought, or if a sufficient sum is paid into Court, on behalf of the defendant, after action brought.
(3)  If a verdict passes for the defendant, or the plaintiff becomes nonsuit, or discontinues his action after issue joined, or if upon demurrer, or otherwise, judgment is given against the plaintiff, the defendant shall recover costs as between attorney and client.
No Court fees to be taken in criminal cases 
564.  It shall not be lawful to receive any Court fees, for the issuing of process on behalf of a person charged with an offence nor to receive a fee from any such person, for taking a recognizance of bail, or issuing any writ, or recording any appearance, or plea to an indictment, or discharging any recognizance.
Power of Courts to bring prisoners before them 
565.  Every Court or Judge, for the purposes of any trial or prosecution, shall have power, by order in writing directed to any gaoler, to cause any prisoner to be brought before such Court or Judge, under secure conduct, in order to be tried, or examined, or to give evidence, before such Court or Judge, or before any other Court, or any Magistrate, and immediately after such prisoner’s trial, or examination, or his having so given evidence, to be returned to his former custody: 
Provided that nothing in this section shall affect the power of a Court of Gaol Delivery, sitting for the delivery of a gaol, to cause any prisoner therein to be brought before it for any purpose, without order in writing.
Witnesses neglecting to attend trial and captured under warrant may be admitted to bail
566.  Where a person bound by recognizance, or served with a subpoena, to attend as a witness in any Court at a trial, who has failed to appear when called in open Court, either at such trial, or on the day appointed for such trial, has been captured under a warrant issued by such Court, bail may be taken before any Magistrate for his appearance at the trial.
Supreme Court Judges may prescribe forms of indictments, &c. 
567.  The Judges of the Supreme Court, or any two of them, may from time to time frame and prescribe forms of indictments, records, informations, depositions, convictions, warrants, recognizances, and proceedings, in all Courts, and before all Magistrates, in respect of any of the offences and matters mentioned in this Act, and every such form, so prescribed, shall thereafter be sufficient for the purpose, and be deemed sufficiently to state the offence, or matter, for or in respect of which it is framed.
Prosecutions for blasphemy 
574.  No person shall be liable to prosecution in respect of any publication by him, 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.
Change of venue 
577.  In any criminal proceeding, if it is made to appear to the Court—
	(a)	that a fair or unprejudiced trial cannot otherwise be had, or 
	(b)	that for any other reason, it is expedient so to do,
the Supreme Court may change the venue, and direct the trial to be had in such other district, or at such particular place, as the Court thinks fit, and may for that purpose make all such orders as justice appears to require.

SCHEDULES
FIRST SCHEDULE
Repeal of Acts
Reference to Act	Subject or short title	Extent of repeal	
4 Vic. No. 22	Administration of Justice	So much of s. 10 as relates to appointment of Crown Prosecutor at Quarter Sessions, s. 12, and so much of s. 15 as relates to criminal proceedings.	
7 Vic. No. 16	Deeds Registration	Section 28.	
11 & 12 Vic., 
c. 42, adopted by 14 Vic. No. 43	Duties of Justices (Indictable Offences) Act	Section 17.	
13 Vic. No. 16	Law of Evidence	So much of s. 5 as is hitherto unrepealed.	
13 Vic. No. 18	Deodands Abolition	Section 1 and 3.	
14 Vic. No. 43	Imperial Acts Adoption and Application	Section 16.	
16 Vic. No. 1	Acts Shortening Act	Section 13.	
16 Vic. No. 14	Law of Evidence Amendment	Section 10 and so much of s. 11 as is hitherto unrepealed.	
17 Vic. No. 39	“The Justices Act Amendment Act of 1853.”	Section 13.	
22 Vic. No. 7	Law of Evidence Further Amendment	Section 10.	
22 Vic. No. 12	Acts Shortening Act	So much of section 7 as relates to criminal pleadings and proceedings and section 10.	
22 Vic. No. 18	“District Courts Act of 1885”	Section 25.	
23 Vic. No. 1	Quarter Sessions Chairman	The whole.	
24 Vic. No. 6	Common Law Procedure Act Extension	Sections 1 and 2 so far as they relate to criminal trials.	
30 Vic. No. 9	“District Courts Amendment Act of 1866.”	All hitherto unrepealed, except so far as it relates to District Courts.	
31 Vic. No. 25	“Treason Felony Act of 1868”	The whole.	
46 Vic. No. 17	“Criminal Law Amendment Act.”	All hitherto unrepealed, except 
s. 295, from the words “And every solemn declaration” to the end of the section; ss. 336 to 340 inclusive; the last clause of 
s. 342; s. 343; ss. 346, 347; so much of s. 359 as relates to the custody of records by the Prothonotary; s. 434; s. 436; 
ss. 440 to 444 inclusive; the last clause of s. 445; ss. 453, 454, 455; so much of s. 459 as relates to Courts of Petty Sessions; 
s. 471; and the Seventh Schedule.	
52 Vic. No. 6	“Criminal Law Amendment Act of 1888.”	The whole, except s. 2.	
55 Vic. No. 5	“Criminal Law and Evidence Amendment Act of 1891.”	All hitherto unrepealed, except 
ss. 17, 23, 24, 26, and 34, and so much of s. 35 as relates to 40 Vic. No. 14.	
57 Vic. No. 23	“First Offenders Probation Act of 1894.”	The whole.	
No. 11, 1898	“Evidence Act, 1898”	Sections 7, 27, 31, 37, 38, 39, 40, 41 and 48.	
No. 12, 1898	“Evidence (Penalties) Act”	The whole.	
No. 30, 1898	“Accused Persons Evidence Act of 1898.”
	The whole.	

	THIRD SCHEDULE	Section 358
FORM NO. 1
Discharge of persons committed for trial
Certificate of Attorney-General
This is to certify that I decline to file any information against A.B., a prisoner now in the gaol at			, under the warrant of R.W., Esquire, justice of the peace, upon a charge of [stating same].
Given under my hand this		day of			, 18     .
To their Honors the Judges of	L. M.,
the Supreme Court	Attorney-General.

FORM NO. 2
Warrant thereupon
Supreme Court of New South Wales.
Whereas A.B. is detained in your custody under the warrant of R.W., Esquire, justice of the peace, upon a charge of [as in certificate], and it has been certified to the judges of this Court by Her Majesty’s Attorney-General that he declines to file any information against the said A.B. for the said offence, you are therefore hereby required forthwith to discharge the said A.B. from your custody under the said warrant.
Given under my hand this		day of			, 18     .
To the Sheriff and to the keeper of	S. M.,
H. M.’s Gaol at	A Judge of the Supreme Court.

FORM NO. 3
Discharge of persons under remand
Certificate of Attorney-General
This is to certify that I decline to proceed further upon an indictment filed against A.B., a prisoner now in the gaol at		, under the order of Her or His Honor		, a Judge of the Supreme Court, or A.M., Esquire, Chairman of Quarter Sessions, upon a charge of [stating same].
Given under my hand this		day of			, 18     .
To their Honors the Judges of	L. M.,
the Supreme Court.	Attorney-General.

FORM NO. 4
Warrant thereupon
Supreme Court of New South Wales.
Whereas A.B. is detained in your custody under the order of Her or His Honor	        , a Judge of the Supreme Court, or A.M., Esquire, Chairman of Quarter Sessions, upon a charge of [as in certificate], and it has been certified to the judges of this Court by Her Majesty’s Attorney-General that he declines to proceed further upon an indictment filed against the said A.B. for the said offence, you are therefore hereby required forthwith to discharge the said A.B. from your custody under the said order.
Given under my hand this		day of			, 18     .
To the Sheriff and to the keeper of	S. M.,
H. M.’s Gaol at	A Judge of the Supreme Court.

SCHEDULE 5
	FORM 1	Section 556G
Australian Capital Territory
Crimes Act, 1900
In the (court) at Canberra.
The			day of			, 19   .
Whereas—
•	the defendant (name and address of defendant), being a person who has attained the age of 18 years, on the		day of		, 19    , was convicted of (here set out the offence of which the defendant was convicted); and
•	the requirements of section 556J of the Crimes Act, 1900 of the State of New South Wales in its application in the Territory have, in respect of the defendant, been satisfied,
It is this day ordered that the defendant shall for his offence—
•	perform unpaid work for 		hours; and
•	report to (here specify the authorized officer, whether by name or otherwise, to whom the defendant is to report) (and, where the court directs the defendant to so report within a particular time, add) within (here set out the time within which the defendant is to report to the authorized officer).
*	And it is further ordered that the defendant be released from custody forthwith.
	*  Judge of the Supreme Court.
	*  Magistrate.
*  Delete if inapplicable.

	FORM 2	Section 556G
Australian Capital Territory
Crimes Act, 1900
In the Magistrates Court at Canberra.
The			day of			, 19   .
Whereas—
•	(name and address of person in respect of whom the order is to be made), being a person who has attained the age of 18 years, is liable to be committed to prison in pursuance of sub-section 150 (1) of the Magistrates Court Ordinace 1930; and
•	the requirements of section 556J of the Crimes Act, 1900 of the State of New South Wales in its application in the Territory have, in respect of that person, been satisfied,
It is this day ordered that (name of person in respect of whom the order is made) shall—
•	perform unpaid work for 		hours; and
•	report to (here specify the authorized officer, whether by name or otherwise, to whom the person is to report) (and, where the court directs the person to so report within a particular time, add) within (here set out the time within which the person is to report to the authorized officer).
	Magistrate.

	SIXTH SCHEDULE	Section 448
List of other alleged offences
	Office of the Director of Public Prosecutions
	Canberra, A.C.T.
To	
charged with	
	
Memorandum for accused’s information
(1)	The list on the back hereof gives particulars of..........……… other offences which you are alleged to have committed.
(2)	If you are convicted of the charge of............……… first mentioned above, you may before sentence is passed, if the presiding Judge or Magistrate so decides and the prosecutor consents, admit all or any of the other offences set out on the back hereof and ask that any of those offences that you have admitted be taken into account by the presiding Judge or Magistrate in passing sentence upon you.
(3)	If you are convicted and the presiding Judge or Magistrate does take any of the other offences that you have admitted into account, the maximum sentence that may be imposed upon you will nevertheless be the maximum sentence for the offence of..................... first mentioned above.
(4)	No further proceedings may be taken against you in respect of the other offences taken into account unless your conviction for the offence of.....................…….first mentioned above is set aside or quashed.
(5)	If proceedings are taken in the circumstances mentioned in (4) or if the presiding Judge or Magistrate does not for any reason take any one or more of the other offences that you have admitted into account, your admission cannot be used as evidence against you in any proceedings taken in the circumstances mentioned or taken in respect of the offences not taken into account.
Signature of the Director of Public Prosecutions, or of a person authorized in writing by him	
Date	
Signature of accused acknowledging receipt of copy of this document 	
Date	
CERTIFICATE
In sentencing......................... for the offence of .................. this day, I have taken into account the following offences alleged against and admitted by him, that is to say, the offences numbered........................................................................................ in the list on the back hereof.
Dated this			 day of 		19      .
	
A Judge of the Supreme Court 
or A Magistrate of the Magistrates Court
[back of form]
Number	Place where offence was committed	Date of 
offence	Offence(s) 
(Brief description)	Whether or 
not committed for trial?
Yes or No	

NOTE
1.	The Crimes Act, 1900 of the State of New South Wales (No. 40, 1900, assented to 31 October 1900) was one of the laws in force in the Australian Capital Territory immediately before 1 January 1911, and was, therefore, continued in force by the Seat of Government Acceptance Act 1909.
	The Crimes Act, 1900 in its application to the Territory has been amended as indicated in the Tables below.
	The Crimes Act, 1900 was amended by section 25 and The Schedule of the Public Order (Protection of Persons and Property) Act 1971 (No. 26, 1971, assented to and commenced 13 May 1971).
	For application, saving or transitional provisions relating to those amendments, see section 25 of that Act.
	Section 2 of the Crimes Ordinance 1931 (No. 24, 1931) provides as follows:
	   “2. The Crimes (Amendment) Act, 1905 of the State of New South Wales, in its application to the Territory, is repealed.”
	Section 3 of the Crimes Ordinance 1951 (No. 14 , 1951) provides as follows:
	   “3. The Crimes (Girls’ Protection) Act, 1910 of the State of New South Wales shall cease to apply to the Territory.”
	Sub-section 31 (3) of the Crimes (Amendment) Ordinance 1983 (No. 27, 1983) provides as follows:
	   “(3) The Habitual Criminals Act, 1905 of the State of New South Wales shall cease to be in force in the Territory.”
	Section 12 of the Crimes (Amendment) Ordinance (No. 4) 1985 (No. 44, 1985) provides as follows:
	   “12. The following Imperial Acts shall cease to have any force or effect in the Territory:
(a)	5 Ric.II, St. 1, c.7 (The Forcible Entry Act, 1381);
(b)	15 Ric.II, c.2;
(c)	8 Hen. VI, c.9 (The Forcible Entry Act, 1429);
(d)	31 Eliz., c.11 (The Forcible Entry Act, 1588);
(e)	21 James I, c.15 (The Forcible Entry Act, 1623).”
	The Australian Capital Territory received Self-Government on 11 May 1989.
	The Crimes Act, 1900 continues to apply in the Territory.
	For details regarding its application from 11 May 1989 to 1 July 1990 see the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth (No. 106, 1988) and the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth (No. 109, 1988) in particular sections 3, 34 and Schedules 3 and 5 and section 12 respectively. The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) and the Reserved Laws (Interpretation) Ordinance 1989 (No. 25, 1989) clarify the citation change “Ordinance” to “Act” and references to Commonwealth legislation.
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Crimes Ordinance 1942	12, 1942	28 May 1942	28 May 1942		
Crimes Ordinance 1944	1, 1944	20 Jan 1944	20 Jan 1944	—	
Crimes Ordinance 1951	14, 1951	14 Dec 1951	14 Dec 1951	—	
Crimes Ordinance 1963	11, 1963	23 May 1963	23 May 1963	—	
Crimes Ordinance 1968 (a)	4, 1968	14 Mar 1968	15 Mar 1968	S. 20 (1)	
Crimes Ordinance 1970	40, 1970	22 Oct 1970	22 Oct 1970	—	
Crimes Ordinance 1971	2, 1971	25 Feb 1971	S. 8:  29 Mar 1971
Remainder:  1 Mar 1971	Ss. 9 and 10	
Crimes Ordinance 1974	17, 1974	17 Apr 1974	17 Apr 1974	S. 14	
Crimes (Amendment) Ordinance 1978	45, 1978	21 Dec 1978	21 Dec 1978	—	
Crimes (Amendment) Ordinance 1979	1, 1979	31 Jan 1979	31 Jan 1979	—	
Crimes (Amendment) Ordinance 1983	27, 1983	22 Sept 1983	22 Sept 1983	S. 32	
	as
amended
by
45, 1983	

29 Sept 1983	

22 Sept 1983	

—	
	16, 1985	17 Apr 1983	S. 6 (1):  22 Sept 1983
Remainder:  17 Apr 1985	S. 6 (2)	
Crimes (Amendment) Ordinance (No. 3) 1983 (b)	55, 1983	18 Nov 1983	18 Nov 1983	—	
Crimes (Amendment) Ordinance 1984	32, 1984	29 June 1985	29 June 1985	—	
Crimes (Amendment) Ordinance (No. 2) 1984	78, 1984	19 Dec 1984	19 Dec 1984	—	
Crimes (Amendment) Ordinance 1985	11, 1985	8 Mar 1985	12 Aug 1985 (see Gazette 1985, No. S313, p. 1)	—	
Crimes (Amendment) Ordinance (No. 2) 1985	16, 1985	17 Apr 1985	S. 6 (1):  22 Sept 1983 
Remainder:  17 Apr 1985	S. 6 (2)	
Crimes (Amendment) Ordinance (No. 3) 1985	40, 1985	5 Sept 1985	5 Sept 1985	S. 9	
Crimes (Amendment) Ordinance (No. 4) 1985	44, 1985	13 Sept 1985	Ss. 1, 3, 4, 5 (2) and 12 (1):  13 Sept 1985
Remainder:  1 Jan 1986	S. 10	
Crimes (Amendment) Ordinance (No. 5) 1985 (c)	62, 1985	28 Nov 1985	28 Nov 1985	Ss. 5 and 6	
Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Crimes (Amendment) Ordinance (No. 6) 1985	75, 1985	20 Dec 1985	20 Dec 1985	—	
Children’s Services (Miscellaneous Amendments) Ordinance 1986	14, 1986	4 June 1986	S.3: (see Note 2)	—	
Crimes (Amendment) Ordinance 1986 (d)	15, 1986	6 June 1986	1 July 1986	S. 10	
Crimes (Amendment) Ordinance (No. 2) 1986	27, 1986	31 July 1986	31 July 1986	—	
	as
amended
by
37, 1986	

15 Aug 1986	

31 July 1986	

—	
Domestic Violence (Miscellaneous Amendments) Ordinance 1986	53, 1986	4 Sept 1986	1 Oct 1986 (see Gazette 1986, No. S484, p. 1)	—	
Crimes (Amendment) Ordinance (No. 4) 1986	57, 1986	3 Oct 1986	3 Oct 1986	S. 15	
	as
amended
by
3, 1987	

11 Feb 1987	

11 Feb 1987	

S. 11 (2)	
Magistrates Court (Amendment) Ordinance (No. 3) 1986	74, 1986	14 Nov 1986	14 Nov 1986	—	
Crimes (Amendment) Ordinance 1987
	3, 1987	11 Feb 1987	11 Feb 1987	—	
Crimes (Amendment) Ordinance 1988	44, 1988	27 July 1988	27 July 1988	—	
Crimes (Amendment) Ordinance (No. 2) 1988	75, 1988	19 Oct 1988	Ss. 1-3 and 7-9: 19 Oct 1988
Remainder: 19 Dec 1988 (see Gazette 1988, No. S384, p.1)	—	
Crimes (Amendment) Ordinance 1990	1, 1990	23 May 1990	23 May 1990	S. 6	
Crimes (Amendment) Ordinance (No. 2) 1990	2, 1990	23 May 1990	15 June 1990	—	
Evidence (Amendment) Ordinance 1990	4, 1990	27 June 1990	27 June 1990	—	
Self-Government (Consequential Amendments) Ordinance 1990 (e)	5, 1990	27 June 1990	Ss. 1 and 2: 27 June 1990
Remainder: 1 July 1990	S. 6 (2)	

(a)	The Piracy Punishment Act, 1902 of the State of New South Wales in its application in the Territory was amended by the Crimes Ordinance 1968 (No. 4, 1968), section 19 and subsection 20 (2) of which provide as follows:
“19.  (1)  In this section, ‘the Piracy Punishment Act’ means the Piracy Punishment Act, 1902 of the State of New South Wales in its application to the Territory. 
“(2)  Section 4 of the Piracy Punishment Act is amended by omitting the words ‘suffer death’ and inserting in their stead the words ‘imprisonment for life’.
“(3)  Section 6 of the Piracy Punishment Act is amended by omitting the words ‘with death or otherwise’.
“20. 
“(2)  Where a person is convicted, on or after the date of commencement of this Ordinance, of an offence for which a penalty is provided by the Piracy Punishment Act, 1902 of the State of New South Wales in its application to the Territory, the person is liable to the penalty provided for that offence by that Act as amended by this Ordinance whether the offence was committed before, or is committed on or after, that date.” 
(b)	Section 24 of the Crimes (Amendment) Ordinance (No. 3) 1983 (No. 55, 1983) provides as follows: 
“24.  The common law offences of publicly exposing the naked person and of breaking out and escaping from confinement are abolished.”
(c)	Section 5 of the Crimes (Amendment) Ordinance (No. 5) 1985 (No. 62, 1985) provides as follows: 
“5.  The common law offences of rape and attempted rape are abolished.”
(d)	Subsection 10 (1) of the Crimes (Amendment) Ordinance 1986 (No. 15, 1986) provides as follows: 
“10.  (1)  The common law offence of forgery is abolished.”
(e)	Subsection 6 (1) of the Self-Government (Consequential Amendments) Ordinance 1990 provides as follows:
“6.  (1)  The Ordinances specified in Schedule 1, the Crimes Act, 1900 of the State of New South Wales in its application in the Territory and the rules specified in Schedule 3 are amended:
(a)  by inserting “she or” before “he” (wherever occurring);
(b)  by inserting “her or” before “him” (wherever occurring);
(c)  by inserting “her or” before “his” (wherever occurring); and 
(d)  by inserting “herself or” before “himself” (wherever occurring).
The amendments have been incorporated in this reprint but do not appear in the Table of Amendments.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision affected	How affected

Heading preceding s. 1	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 1	am. No. 14, 1951; No. 4, 1968; No. 2, 1971; No. 17, 1974
	rs. No. 27, 1983
S. 2	am. No. 27, 1983
S. 3	am. No. 44, 1985
Heading preceding s. 4	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 4	am. No. 2, 1971; No. 27, 1983 (as am. by No. 45, 1983); No. 55, 1983; No. 78, 1984; Nos. 40 and 44, 1985; No. 5, 1990
S. 5	rep. No. 2, 1990
S. 6	rep. No. 44, 1985
S. 7	am. No. 27, 1983
	rep. No. 44, 1985
S.  9	am. No. 4, 1968
	rs. No. 45, 1978; No. 27, 1983
S. 10	am. No. 4, 1968; No. 45, 1978
	rep. No. 27, 1983
Part II (ss. 11-16)	rep. No. 4, 1968
Ss. 11-16	rep. No. 4, 1968
Heading preceding s. 17	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 17	rep. No. 27, 1983
Part III (ss. 18-25, 27-29,	rep. No. 2, 1990
    31-33, 33A, 33B, 34, 
    35, 37-43, 46-52, 52A,
    53-59, 61, 82-85, 90,
    90A, 91)
Part III (ss. 10-47)	ad. No. 2, 1990
Ss. 10-17	ad. No. 2, 1990
Ss. 18, 19	am. No. 27, 1983
	rs. No. 2, 1990
S. 20	rs. No. 2, 1990
S. 21	am. No. 27, 1983
	rs. No. 2, 1990
Ss. 22, 23	rs. No. 2, 1990
Ss. 24, 25	am. No. 27, 1983
	rs. No. 2, 1990
Heading preceding s. 26	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 26	am. No. 27, 1983
	rep. No. 75, 1988
	ad. No. 2, 1990
Heading preceding s. 27	rep. No. 27, 1983 (as am. by No. 16, 1985)
Ss. 27, 28	am. No. 4, 1968
	rs. No. 2, 1990
S. 29	am. No. 27, 1983
	rs. No. 2, 1990
	am. No. 5, 1990
S. 30	am. No. 27, 1983
	rep. No. 75, 1988
	ad. No. 2, 1990
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
ss. 31, 32
Ss. 31-33	am. No. 27, 1983
	rs. No. 2, 1990
Ss. 33A, 33B	ad. No. 27, 1983
	rep. No. 2, 1990
S. 34	am. No. 55, 1983
	rs. No. 2, 1990
S. 35	am. No. 27, 1983
	rs. No. 2, 1990
S. 36	rep. No. 55, 1983
	ad. No. 2, 1990
Ss. 37-39	am. No. 27, 1983
	rs. No. 2, 1990
S. 40	rs. No. 2, 1990
Ss. 41-43	am. No. 27, 1983
	rs. No. 2, 1990
S. 44	am. No. 27, 1983
	rep. No. 44, 1988
	ad. No. 2, 1990
S. 45	rep. No. 44, 1988
	ad. No. 2, 1990
Ss. 46, 47	am. No. 27, 1983
	rs. No. 2, 1990
S. 48	am. No. 27, 1983
	rep. No. 2, 1990
S. 49	rep. No. 2, 1990
Ss. 50, 51	am. No. 27, 1983
	rep. No. 2, 1990
S. 52	rep. No. 2, 1990
S. 52A	ad. No. 11, 1963
	rs. No. 1, 1979
	rep. No. 2, 1990
Ss. 53, 54	rep. No. 2, 1990
Heading preceding s. 55	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 55	am. No. 27, 1983
	rep. No. 2, 1990
Heading preceding s. 56	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 56	rep. No. 2, 1990
Ss. 57-59	am. No. 27, 1983
	rep. No. 2, 1990
S. 60	rep. No. 27, 1983
Heading preceding s. 61	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 61	am. No. 17, 1974
	rep. No. 2, 1990
Heading preceding s. 62	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 62	rep. No. 62, 1985
S. 63	am. No. 4, 1968
	rep. No. 62, 1985
S. 64	rs. No. 14, 1951
	rep. No. 62, 1985
Ss. 65, 66	am. No. 27, 1983
	rep. No. 62, 1985
S. 67	am. No. 4, 1968
	rep. No. 62, 1985
S. 68	am. No. 27, 1983
	rep. No. 62, 1985
S. 69	rs. No. 14, 1951
	rep. No. 62, 1985
S. 70	rs. No. 14, 1951
	am. No. 78, 1984
	rep. No. 62, 1985
Ss. 71, 72	rs. No. 14, 1951
	am. No. 27, 1983
	rep. No. 62, 1985
S. 72A	ad. No. 14, 1951
	am. No. 27, 1983
	rep. No. 62, 1985
Ss. 73, 74	rs. No. 14, 1951
	am. No. 27, 1983
	rep. No. 62, 1985
S. 75	rs. No. 14, 1951
	rep. No. 62, 1985
S. 76	rs. No. 14, 1951
	am. No. 27, 1983
	rep. No. 62, 1985
S. 77	rs. No. 14, 1951
	rep. No. 62, 1985
S. 77A	ad. No. 14, 1951
	rep. No. 62, 1985
S. 78	rs. No. 14, 1951
	rep. No. 62, 1985
S. 78A	ad. No. 14, 1951
	am. No. 27, 1983
	rep. No. 62, 1985
S. 78B	ad. No. 14, 1951
	rep. No. 62, 1985
S. 78C	ad. No. 14, 1951
	am. No. 27, 1983
	rep. No. 62, 1985
Ss. 78D-78G	ad. No. 14, 1951
	rep. No. 62, 1985
Heading preceding s. 79	rep. No. 27, 1983 (as am. by No. 16, 1985)
Ss. 79-81	am. No. 27, 1983
	rep. No. 62, 1985
Heading preceding s. 82	rep. No. 27, 1983 (as am. by No. 16, 1985)
Ss. 82-84	am. No. 27, 1983
	rep. No. 2, 1990
Heading preceding s. 85	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 85	rs. No. 14, 1951
	rep. No. 2, 1990
Heading preceding s. 86	rep. No. 27, 1983 (as am. by No. 16, 1985)
Ss. 86, 87	am. No. 27, 1983
	rep. No. 62, 1985
S. 88	rep. No. 62, 1985
S. 89	am. No. 27, 1983
	rep. No. 62, 1985
S. 90	rs. No. 62, 1985
	rep. No. 2, 1990
S. 90A	ad. No. 11, 1963
	rep. No. 2, 1990
S. 91	am. No. 27, 1983
	rep. No. 2, 1990
Ss. 91A, 91B	ad. No. 14, 1951
	am. No. 40, 1970; No. 27, 1983
	rep. No. 62, 1985
S. 91C	ad. No. 14, 1951
	rep. No. 62, 1985
S. 91D	ad. No. 14, 1951
	am. No. 27, 1983
	rep. No. 62, 1985
Part IIIA (ss. 92, 92A-92U) ad. No. 62, 1985
Heading preceding s. 92	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 92	rep. No. 2, 1971
	ad. No. 62, 1985
Ss. 92A-92K	ad. No. 62, 1985
S. 92L	ad. No. 62, 1985
	am. No. 27, 1986 (as am. by No. 37, 1986); No. 5, 1990
Ss. 92M, 92N	ad. No. 62, 1985
S. 92NA	ad. No. 3, 1987
Ss. 92P-92R	ad. No. 62, 1985
S. 92S	ad. No. 62, 1985
	am No 2, 1990
Ss. 92T, 92U	ad. No. 62, 1985
Part IV (ss. 93, 93A, 93B,   rep. No. 44, 1985
  94, 95, 95A, 96-103, 
  105-122, 124-140, 
  144-154, 154A, 154B, 
  155-176, 176A, 177, 
  178, 178A-178E, 
  179-189,  189A, 189B, 
  190-195, 197-204, 
  208-234, 236-249)
Part IV (ss. 93-151)	ad. No. 44, 1985
S. 93	rep. No. 2, 1971
	ad. No. 27, 1983
	rs. No. 44, 1985
	am. No. 15, 1986
Ss. 93A, 93B	ad. No. 55, 1983
	rep. No. 44, 1985
Headings preceding s. 94	rep. No. 27, 1983 (as am. by No. 16, 1985)
Ss. 94, 95	am. No. 27, 1983
	rs. No. 44, 1985
S. 95A	ad. No. 55, 1983
	rep. No. 44, 1985
S. 96	am. Nos. 27 and 55, 1983
	rs. No. 44, 1985
S. 97	am. No. 27, 1983
	rs. No. 44, 1985
S. 98	am. No. 27, 1983
	rs. No. 44, 1985
	am. No. 27, 1986; No. 3, 1987
Heading preceding s. 99	rep. No. 27, 1983 (as am. by No. 16, 1985)
Ss. 99, 100	am. No. 27, 1983
	rs. No. 44, 1985
Ss. 101-103	am. Nos. 27 and 55, 1983
	rs. No. 44, 1985
S. 104	rep. No. 55, 1983
	ad. No. 44, 1985
S. 105	rs. No. 44, 1985
Heading preceding s. 106	rep. No. 27, 1983 (as am. by No. 16, 1985)
Ss. 106-109	am. No. 27, 1983
	rs. No. 44, 1985
S. 110	am. No. 4, 1968
	rs. No. 44, 1985
S. 111	am. No. 27, 1983
	rs. No. 44, 1985 
S. 112	rs. No. 1, 1944; No. 11, 1963 
	am. No. 45, 1978; No. 27, 1983 
	rs. No. 44, 1985 
S. 113	rs. No. 11, 1963 
	am. No. 45, 1978; No. 27, 1983 
	rs. No. 44, 1985 
	am. No. 27, 1986 
S. 114	am. Nos. 27 and 55, 1983 
	rs. No. 44, 1985 
S. 115	am. No. 27, 1983 
	rs. No. 44, 1985 
Heading preceding s. 116	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 116	rs. No. 44, 1985 
	am. No. 5, 1990
Heading preceding s. 117	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 117	am. No. 27, 1983 
	rs. No. 44, 1985 
Ss. 118, 119	rs. No. 44, 1985 
S. 120	am. No. 11, 1963; No. 78, 1984 
	rs. No. 44, 1985 
Ss. 121, 122	am. No. 27, 1983 
	rs. No. 44, 1985 
	rep. No. 57, 1986 
S. 123	rep. No. 27, 1983 
	ad. No. 44, 1985 
	rep. No. 57, 1986 
S. 124	rs. No. 44, 1985 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 125, 126
Ss. 125, 126	am. No. 27, 1983 
	rs. No. 44, 1985 
Ss. 127-130	rs. No. 44, 1985 
S. 131	rs. No. 44, 1985 
	am. No. 57, 1986; No. 5, 1990
Ss. 132, 133	rs. No. 44, 1985 
Heading preceding s. 134	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 134, 135	am. No. 27, 1983 
	rs. No. 44, 1985 
Div. 3A of Part IV	ad. No. 15, 1986
(ss. 135A-135G
Ss. 135A-135G	ad. No. 15, 1986 
Ss. 136, 137	rs. No. 44, 1985 
S. 138	am. No. 27, 1983 
	rs. No. 44, 1985 
Heading preceding s. 139	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 139, 140	am. No. 27, 1983 
	rs. No. 44, 1985 
Ss. 141-143	rep. No. 27, 1983 
	ad. No. 44, 1985 
Heading preceding s. 144	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 144	am. No. 27, 1983 
	rs. No. 44, 1985 
S. 145	rs. No. 44, 1985 
	am. No. 5, 1990
Ss. 146, 147	am. No. 27, 1983 
	rs. No. 44, 1985 
Heading preceding s. 148.	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 148, 149	am. No. 27, 1983 
	rs. No. 44, 1985 
Heading preceding s. 150.	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 150	am. No. 27, 1983 
	rs. No. 44, 1985 
S. 151	rs. No. 44, 1985 
Heading preceding s. 152.	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 152, 153	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 154	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 154	am. No. 27, 1983 
	 rep. No. 44, 1985 
S. 154A	ad. No. 11, 1963 
	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 154B	ad. No. 78, 1984 
	rep. No. 44, 1985 
Headings preceding s. 155	 rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 155	rep. No. 44, 1985 
Ss. 156-158	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 159.	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 159, 160	am. No. 27, 1983 
	rep. No. 44, 1985 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
ss. 161, 162
Ss. 161, 162	rep. No. 44, 1985 
Heading preceding s. 163.	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 163	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 164.	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 164	rep. No. 44, 1985 
Ss. 165, 166	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 167	rep. No. 44, 1985 
Ss. 168-170	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 171	rep. No. 44, 1985 
Ss. 172-176	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 176A	ad. No. 78, 1984 
	rep. No. 44, 1985 
Ss. 177, 178	rep. No. 44, 1985 
S. 178A	ad. No. 11, 1963 
	rep. No. 44, 1985 
Ss. 178B-178E	ad. No. 55, 1983 
	rep. No. 44, 1985 
Heading preceding s. 179.	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 179	am. No. 11, 1963; No. 27, 1983 
	rep. No. 44, 1985 
S. 180	am. No. 11, 1963 
	rep. No. 44, 1985 
S. 181	rep. No. 44, 1985 
S. 182	am. No. 11, 1963 
	rep. No. 44, 1985 
S. 183	rs. No. 11, 1963 
	am. No. 27, 1983 
	rep. No. 44, 1985 
Ss. 184, 185	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 186	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 186	am. No. 27, 1983; No. 78, 1984 
	rep. No. 44, 1985 
Heading preceding s. 187	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 187	rep. No. 44, 1985 
Ss. 188, 189	am. No. 27, 1983; No. 78, 1984 
	rep. No. 44, 1985 
S. 189A	ad. No. 14, 1951 
	am. No. 27, 1983; No. 78, 1984 
	rep. No. 44, 1985 
S. 189B	ad. No. 78, 1984 
	rep. No. 44, 1985 
S. 190	am. No. 27, 1983; No. 78, 1984 
	rep. No. 44, 1985 
Ss. 191-193	rep. No. 44, 1985 
Headings preceding s. 194	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 194, 195	rep. No. 44, 1985 
Heading preceding s. 196	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 196	am. No. 11, 1963 
	rep. No. 4, 1968 
Ss. 197, 198	am. No. 11, 1963; No. 27, 1983 
	rep. No. 44, 1985 
S. 199	am. No. 27, 1983 
	rep. No. 44, 1985 
Ss. 200-202	am. No. 11, 1963; No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 203	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 203, 204	am. No. 11, 1963; No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 205	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 205-207	rep. Act No. 26, 1971 
Heading preceding s. 208	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 208	rep. No. 44, 1985 
Heading preceding s. 209	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 209, 210	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 211	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 211-218	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 219	am. No. 55, 1983 
	rep. No. 44, 1985 
S. 220	rep. No. 44, 1985 
Heading preceding s. 221	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 221-224	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 225	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 225, 226	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 227	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 227	rep. No. 44, 1985 
Heading preceding s. 228	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 228	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 229	rep. No. 44, 1985 
Heading preceding s. 230	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 230	am. No. 27, 1983 
	rep. No. 44, 1985 
Ss. 231-234	rep. No. 44, 1985 
Heading preceding s. 235	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 235	rep. No. 4, 1968 
Ss. 236-239	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 240	am. No. 4, 1968 
	rep. No. 44, 1985 
Ss. 241-243	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 244	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 244	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 245	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 245	am. No. 27, 1983; No. 78, 1984 
	rep. No. 44, 1985 
S. 246	am. No. 27, 1983 
	rep. No. 44, 1985 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 247, 248
Ss. 247, 248	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 248A	ad. No. 78, 1984 
	rep. No. 44, 1985 
Heading preceding s. 249	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 249	rep. No. 44, 1985 
Heading preceding s. 250	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Part V (ss. 250-252, 	rep. No. 15, 1986
255-258, 265-278, 
280-294, 298)
S. 250	rep. No. 15, 1986 
S. 251	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 252	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 252	rep. No. 15, 1986 
Heading preceding s. 253	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 253, 254	rep. No. 27, 1983 
Heading preceding s. 255	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 255	am. Nos. 27 and 55, 1983 
	rep. No. 15, 1986 
Heading preceding s. 256	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 256-258	am. No. 27, 1983 
	rep. No. 15, 1986 
S. 259	rep. No. 27, 1983 
Heading preceding s. 260	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 260-263	rep. No. 27, 1983 
Heading preceding s. 264	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 264	rep. No. 27, 1983 
Heading preceding s. 265	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 265-267	am. No. 27, 1983 
	rep. No. 15, 1986 
S. 268	rep. No. 15, 1986 
Ss. 269, 270	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 271	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 271-276	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 277	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 277, 278	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 279	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 279	rep. No. 27, 1983 
S. 280	am. Nos. 27 and 55, 1983 
	rep. No. 15, 1986 
Ss. 281-283	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 284	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 284-286	am. No. 27, 1983 
	rep. No. 15, 1986 
S. 287	am. No. 55, 1983 
	rep. No. 15, 1986 
S. 288	am. No. 27, 1983 
	rep. No. 15, 1986 
S. 289	am. Nos. 27 and 55, 1983 
	rep. No. 15, 1986 
Ss. 290-292	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 293	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 293	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 294	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 294	am. No. 27, 1983; No. 78, 1984 
	rep. No. 15, 1986 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 295, 296
Ss. 295-297	rep. No. 27, 1983 
Headings preceding s. 298	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 298	am. No. 27, 1983 
	rep. No. 15, 1986 
Heading preceding s. 299	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 299	rep. No. 27, 1983 
Part VI (ss. 300-326)	rep. No. 27, 1983 
Ss. 300-326	rep. No. 27, 1983 
Ss. 327, 328	am. No. 27, 1983 
S. 330	am. No. 27, 1983 
S. 332	am. No. 55, 1983 
S. 333	am. Nos. 27 and 55, 1983 
Ss. 334	rep. No. 27, 1983
	ad. No. 4, 1990
Ss. 335-339	rep. No. 27, 1983 
Ss. 340-342	am. No. 27, 1983 
S. 344	 rs. No. 75, 1988
Part  VIII (s. 344)	rep. No. 75, 1988
S. 344	 am. No. 27, 1983
	rep. No. 75, 1988
Part VIII (ss. 345-349)	ad. No. 75, 1988
Ss. 345-348	rep. No. 27, 1983
	ad. No. 75, 1988
S. 349	rs. No. 75, 1988
Part IX (s. 349)	rep. No. 75, 1988
S. 349	am. No. 27, 1983
	rep. No. 75, 1988
Heading to Part X	rs. No. 55, 1983; No. 75, 1988
Heading to Div. 1 of 	ad. No. 32, 1984
Part X
Ss. 349A, 349B	ad. No. 53, 1986 
	am. No. 3, 1987 
S. 349C	ad. No. 53, 1986 
S. 350	rep. No. 27, 1983 
	ad. No. 55, 1983 
	am. No. 67, 1985; No. 15, 1986 
S. 351	rep. No. 27, 1983 
	ad. No. 55, 1983 
Heading preceding s. 352	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 352	am. No. 27, 1983; No. 78, 1984; No. 53, 1986 
S. 352A	ad. No. 78, 1984 
S. 353	am. No. 27, 1983 
S. 353A	ad. No. 1, 1944 
	am. No. 78, 1984 
Heading preceding s. 354	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 354	rep. No. 27, 1983 
	ad. No. 55, 1983 
	am. No. 78, 1984 
	rep. No. 75, 1988
Ss. 355-357	rep. No. 27, 1983 
Heading preceding s. 358	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Div. 1A of Part X	ad. No. 75, 1988
  (ss. 358AA-358AI)
Ss. 358AA-358AI	ad. No. 75, 1988
Div. 2 of Part X	ad. No. 32, 1984
  (ss. 358A-358E)
S. 358A	ad. No. 32, 1984 
	am. No. 5, 1990
S. 358B	ad. No. 32, 1984 
	am. No. 67, 1985 
Ss. 358C-358E	ad. No. 32, 1984 
Heading preceding s. 359	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 360	am. No. 27, 1983 
S. 361	rep. No. 27, 1983 
S. 363	am. No. 27, 1983 
Ss. 365, 366	rs. No. 11, 1963 
Ss. 370, 371	am. No. 27, 1983 
S. 373	am. No. 44, 1985 
S. 376	am. No. 55, 1983; No. 2, 1990
S. 377	rep. No. 27, 1983 
S. 378	am. Nos. 27 and 55, 1983 
S. 379	rep. No. 62, 1985 
S. 380	am. No. 27, 1983 
S. 381	rep. No. 62, 1985 
Ss. 382, 383	rep. No. 44, 1985 
Ss. 384, 385	am. No. 27, 1983 
	rep. No. 44, 1985 
Ss. 386-389	rep. No. 44, 1985 
S. 390	rep. No. 15, 1986 
S. 391	rep. No. 27, 1983 
Heading preceding s. 394	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 397, 398	rep. No. 27, 1983 
S. 400	am. No. 27, 1983; No. 3, 1987 
S. 401	rep. No. 27, 1983 
S. 404	rep. No. 2, 1971 
	ad. No. 78, 1984 
Heading preceding s. 406	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 406	rep. No. 2, 1971 
	ad. No. 78, 1984 
Ss. 407-410	rep. No. 2, 1971 
S. 411	am. No. 27, 1983 
Ss. 412, 413	rep. No. 2, 1971 
S. 415	rep. No. 2, 1971 
S. 416	rep. No. 27, 1983 
Ss. 418, 419	rep. No. 2, 1971 
S. 420	am. Nos. 27 and 55, 1983 
	rep. No. 44, 1985 
S. 421	rep. No. 55, 1983 
S. 422	rep. No. 27, 1983 
Heading preceding s. 425	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 425-427	am. No. 27, 1983 
S. 427A	ad. No. 2, 1990
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 428, 429
S. 429	rs. No. 14, 1951 
Heading preceding s. 430	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 430	am. No. 4, 1968 
	rep. No. 27, 1983 
	ad. No. 55, 1983 
S. 431	rep. No. 4, 1968 
	ad. No. 44, 1985 
Heading preceding s. 432	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 432	rep. No. 27, 1983 
	ad. No. 57, 1986 
S. 433	rep. No. 27, 1983 
Heading preceding s. 434	rep. No. 17, 1974 
Ss. 434-436	rep. No. 17, 1974 
Heading preceding s. 437	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 437	am. No. 27, 1983; No. 44, 1985 
	rs. No. 57, 1986 
	am. No. 1, 1990
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 438-440
S. 438	rep. No. 44, 1985 
S. 440	rep. No. 27, 1983 
Heading preceding s. 441	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 441	am. No. 27, 1983 
S. 441A	ad. No. 27, 1983 
Heading preceding s. 442	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 442	rs. No. 11, 1963 
	am. No. 17, 1974; No. 57, 1986 
Heading preceding s. 443	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 443	am. No. 27, 1983 
	rs. No. 57, 1986 
S. 444	am. No. 27, 1983 
	rep. No. 57, 1986 
S. 445	rep. No. 2, 1971 
S. 447	rep. No. 57, 1986 
S. 448	rs. No. 27, 1983 
	am. No. 16, 1985 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  s. 448 in Part XIII
Ss. 448-452 in Part XIII	rep. No. 27, 1983 
Heading preceding s. 453	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 453, 454	rep. No. 17, 1974 
Heading preceding s. 455	rep. No. 17, 1974 
Ss. 455, 456	rep. No. 17, 1974 
Heading preceding s. 457	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 457	am. No. 27, 1983 
	rep. No. 1, 1990
Heading preceding s. 458	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 458	rep. No. 27, 1983 
Heading preceding s. 459	am. No. 17, 1974 
	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 459	am. No. 4, 1968 
	rep. No. 17, 1974 
S. 460	rep. No. 17, 1974 
Ss. 461-463	rep. No. 27, 1983 
S. 464	rep. No. 27, 1983 
	ad. No. 15, 1986 
Heading preceding s. 465	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 465, 466	am. No. 27, 1983 
S. 467	rep. No. 27, 1983 
S. 468	am. No. 5, 1990
S. 469	rep. No. 27, 1983 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 470, 471
S. 471	rep. No. 27, 1983 
Heading preceding s. 472	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Heading preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  s. 474
S. 474	am. No. 27, 1983 
Heading preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  s 475
S. 475	am. No. 27, 1983; No. 5, 1990
Heading to Part XIV	rs. No. 55, 1983 
Chapter 1 of Part XIV	rep. No. 14, 1951
(ss. 476-481)
Chapter 1 of Part XIV	ad. No. 14, 1951
(ss. 476-478, 480, 481)
Heading preceding s. 476	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 476	am. No. 12, 1942 
	rs. No. 14, 1951; No. 17, 1974 
	am. No. 27, 1983 
	rs. No. 40, 1985 
S. 477	rs. No. 14, 1951 
	am. No. 11, 1963 
	rs. No. 17, 1974 
	am. No. 27, 1983 
	rs. No. 40, 1985 
	am. Nos. 67 and 75, 1985 
S. 477A	ad. No. 27, 1983 
	rep. No. 40, 1985 
S. 478	rs. No. 14, 1951; No. 17, 1974 
	rep. No. 40, 1985 
S. 479	rep. No. 14, 1951 
	ad. No. 17, 1974 
	am. Nos. 40 and 67, 1985 
Ss. 480, 481	rs. No. 14, 1951; No. 17, 1974 
	am. No. 27, 1983; Nos. 40 and 67, 1985 
Chapter 2 of Part XIV	rep. No. 17, 1974
  (ss. 482-492)
S. 482	rep. No. 17, 1974 
	ad. No. 55, 1983 
Ss. 483-492	rep. No. 17, 1974 
Headings preceding s. 493	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 493	am. No. 27, 1983 
	rs. No. 3, 1987 
S. 494	am. No. 27, 1983; No. 78, 1984 
	rs. No. 3, 1987 
Ss. 495, 496	am. No. 27, 1983 
	rep. No. 3, 1987 
S. 497	am. Nos. 27 and 55, 1983 
	rep. No. 40, 1985 
S. 498	am. No. 27, 1983 
	rep. No. 3, 1987 
S. 499	rs. No. 11, 1963 
	rep. No. 3, 1987 
S. 500	am. No. 27, 1983 
	rep. No. 3, 1987 
Headings preceding s. 501	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 501	am. No. 27, 1983 
	rs. No. 55, 1983 
	rep. No. 44, 1985 
Ss. 502-510	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 510A	ad. No. 55, 1983 
Ss. 511, 512	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 513	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 513	am. Nos. 27 and 55, 1983 
	rep. No. 44, 1985 
S. 514	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 515	am. Nos. 27 and 55, 1983 
	rep. No. 44, 1985 
S. 516	am. No. 55, 1983 
	rep. No. 44, 1985 
Ss. 517, 518	am. Nos. 27 and 55, 1983 
	rep. No. 44, 1985 
Ss. 519-521	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 522	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 522	am. Nos. 27 and 55, 1983 
	rep. No. 44, 1985 
S. 523	am. No. 55, 1983 
	rep. No. 44, 1985 
S. 524	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 525	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 525	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 526	rep. No. 44, 1985 
S. 526A	ad. No. 11, 1963 
	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 527	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 527	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 527A	ad. No. 55, 1983 
	am. No. 3, 1987; No. 5, 1990
S. 527B	ad. No. 78, 1984 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 528, 529
Ss. 528, 529	am. No. 27, 1983 
	rep. No. 44, 1985 
Headings preceding s. 530	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 530	rep. No. 44, 1985 
S. 531	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 532	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 532	am. Nos. 27 and 55, 1983 
	rep. No. 44, 1985 
Ss. 533-538	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 539	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 539, 540	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 541	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 541-542	am. No. 27, 1983 
	rep. No. 44, 1985 
Heading preceding s. 543	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 543	am. No. 27, 1983 
Heading preceding s. 544	rep. No. 27, 1983 (as am. by No. 16, 1985) 
Ss. 544, 545	rep. No. 27, 1983 
	ad. No. 55, 1983 
Heading preceding s. 546	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 546	rep. No. 27, 1983 
	ad. No. 55, 1983 
	rep. No. 44, 1985 
Ss. 546A-546C	ad. No. 55, 1983 
Ss. 546D, 546E	ad. No. 3, 1987 
Heading preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  s. 547
S. 547	am. No. 27, 1983; No. 44, 1988 
Heading preceding 	rep. No. 27, 1983 (as am. by No. 16, 1985)
  s 548
S. 548	am. No. 27, 1983 
Heading preceding s. 549	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 549	rep. No. 27, 1983 
Heading preceding s. 550	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 550	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 551	am. No. 27, 1983 
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 552, 553
Ss. 552, 553	am. No. 27, 1983 
Heading preceding s. 554	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 554	rs. No. 14, 1951 
	am. No. 11, 1963; No. 27, 1983; No. 67, 1985 
	rep. No. 57, 1986 
Heading preceding s. 555	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 555	am. No. 27, 1983 
Heading preceding s. 556	rep. No. 27, 1983 (as am. by No. 16, 1985) 
S. 556	am. No. 27, 1983; No. 78, 1984 
S. 556A	ad. No. 12, 1942 
	rep. No. 2, 1971 
Part XV (ss. 557-562)	rep. No. 2, 1971 
Part XV (ss. 556A-556E)	ad. No. 2, 1971 
S. 556A	rs. No. 2, 1971 
	am. No. 67, 1985; No. 57, 1986 (as am. by No. 3, 1987) 
S. 556B	ad. No. 2, 1971 
	am. No. 67, 1985; No. 57, 1986; No. 5, 1990
S. 556C	ad. No. 2, 1971 
	am. No. 67, 1985 
S. 556D	ad. No. 2, 1971 
	am. No. 16, 1985 
S. 556E	ad. No. 2, 1971 
	am. No. 67, 1985; No. 74, 1986; No. 5, 1990
Part XVA	ad. No. 11, 1985
  (ss. 556F-556W)
S. 556F	ad. No. 11, 1985 
	am. No. 67, 1985 
S. 556G	ad. No. 11, 1985 
	am. No. 67, 1985; No. 57, 1986 
S. 556H	ad. No. 11, 1985 
	am. No. 67, 1985 
S. 556J	ad. No. 11, 1985 
S. 556K	ad. No. 11, 1985 
	am. No. 57, 1986 
Ss. 556L, 556M	ad. No. 11, 1985 
Ss. 556N-556R	ad. No. 11, 1985 
	am. No. 67, 1985 
Ss. 556S-556W	ad. No. 11, 1985 
Ss. 557, 558	rep. No. 2, 1971 
S. 559	am. No. 14, 1951 
	rep. No. 2, 1971 
S. 560	rep. No. 2, 1971 
S. 561	rs. No. 14, 1951 
	rep. No. 2, 1971 
S. 562	rep. No. 2, 1971 
S. 564	am. No. 55, 1983 
Ss. 565-567	am. No. 27, 1983 
Ss. 568-573	rep. No. 27, 1983 
S. 575	am. No. 27, 1983 
	rep. No. 44, 1985 
S. 576	rep. No. 55, 1983 
Second Schedule	rep. No. 44, 1985
Third Schedule	am. No. 5, 1990
Fourth Schedule	rep. No. 44, 1985
Fifth Schedule	rep. No. 55, 1983
Schedule 5	ad. No. 11, 1985
	am. No. 67, 1985; No. 5, 1990
Sixth Schedule	rep. No. 17, 1974
	ad. No. 27, 1983
	am. Nos. 16 and 67, 1985
Seventh Schedule	rep. No. 27, 1983

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