Australian Capital Territory
Crimes Act 1900     No 40
Republication No 3 (RI)
Effective:  10 July 1996 – 15 May 1997
Republication date of printed version: 30 November 1996
Reissued electronically: 21 November 2002
Last amendment made by A1996-36

Not all amendments are in force: see last endnote

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 10 July 1996 to 15 May 1997. 
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.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  

Australian Capital Territory

crimes act 1900
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 30 November 1996
TABLE OF PROVISIONS
Section
PART I—PRELIMINARY AND INTERPRETATION
	1.	Short title
	2.	Repeals and savings
	3.	Application
	3A.	Territorial application of the criminal law of the Territory
	4.	Interpretation
	8.	“Public place” etc.
	9.	Abolition of distinctions between felony and misdemeanour
PART III—OFFENCES AGAINST THE PERSON
	10.	When child born alive
	11.	No time limit on criminal responsibility for homicide
	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
	34A.	Stalking etc.
	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 a young person
	92EA.	Maintaining a sexual relationship with a 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
	92NA.	Employment of young persons for pornographic purposes 
	92NB.	Possession of child pornography
	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 IIIB—female genital mutilation
(Not in operation—see Note 2)
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
	99A.	Minor 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 etc. of documents
	112.	Blackmail
	113.	Handling stolen property
	114.	Dishonest abstraction of electricity
	116.	Possession of housebreaking implements etc.
	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 etc.
	135F.	Forfeiture
	135G.	General allegation of intent sufficient
Division 3B—Offences relating to computers
	135H.	Interpretation
	135J.	Unlawful access to data in computer
	135K.	Damaging data in computers
	135L.	Dishonest use of computers
Division 4—Miscellaneous
	136.	Hindering working of mines
	137.	Removal of sea-banks etc.
	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 etc.
	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 etc. of deeds
	151.	Allegations in indictment as to stolen money or securities
part v—escape provisions
	151A.	Interpretation
	152.	Detention during pleasure:  meaning 
	153.	Aiding prisoner to escape 
	154.	Escaping 
	155.	Rescuing a prisoner from custody etc.
	156.	Person unlawfully at large
	157.	Permitting escape
	158.	Harbouring etc. escapee
	159.	Escaped prisoner—current sentence
	160.	Failure to answer bail etc.—offence
PART VII—PERJURY AND LIKE OFFENCES
	327.	Perjury
	328.	Perjury with intent to procure conviction etc.
	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 accusation
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—criminal investigation
Division 1—Preliminary
	349AA.	Interpretation
	349AB.	Application of Part
Division 1A—Preventative action
	349A.	Police powers of entry
	349B.	Issue of warrant
	349C.	Entry in emergencies
	349D.	Seizure of weapon
Division 2—Search warrants
	349E.	When search warrants can be issued
	349F.	The things that are authorised by search warrant
	349G.	Availability of assistance and use of force in executing warrant
	349H.	Details of warrant to be given to occupier etc.
	349J.	Specific powers available to police officers executing warrant
	349K.	Use of equipment to examine or process things
	349L.	Use of electronic equipment at premises
	349M.	Compensation for damage to electronic equipment
	349N.	Copies of seized things to be provided
	349P.	Occupier entitled to be present during search
	349Q.	Receipts for things seized under warrant
	349R.	Warrants by telephone or other electronic means
	349S.	Restrictions on personal searches
Division 3—Stopping and searching conveyances
	349T.	Searches without warrant in emergency situations
	349U.	How a police officer exercises a power under section 349T
Division 4—Arrest and related matters
	349V.	Requirement to furnish name etc.
	349W.	Power of arrest without warrant by police officers
	349X.	Arrest without warrant in possession
	349Y.	Arrest of prisoner unlawfully at large
	349Z.	Power of arrest without warrant of person on bail
	349ZA.	Arrest for breach of bail conditions by person outside the Territory
	349ZB.	Arrest without warrant for offences committed outside the Territory
	349ZC.	Power of arrest without warrant by other persons
	349ZD.	Warrants for arrest
	349ZE.	Power to enter premises to arrest offender
	349ZF.	Use of force in making arrest
	349ZG.	Persons to be informed of grounds of arrest
	349ZH.	Power to conduct frisk search of arrested person
	349ZJ.	Power to conduct ordinary search of arrested person
	349ZK.	Power to conduct search of arrested person’s premises
	349ZL.	Power to conduct ordinary search
	349ZM.	Power to conduct strip search
	349ZN.	Rules for conduct of strip search
	349ZP.	Taking fingerprints, recordings, samples of handwriting or photographs
	349ZQ.	Destruction of identification material
	349ZR.	Offence of refusing to allow identification material to be taken
	349ZS.	Identification parades—general
	349ZT.	Identification parades for suspects under 18 etc.
	349ZU.	Identification by means of photographs
	349ZV.	Identification procedures where there is more than 1 suspect
	349ZW.	Descriptions
	349ZX.	Examination
Division 5—General
	349ZY.	Assisting officers—search and arrest of persons
	349ZZ.	Conduct of ordinary searches and frisk searches
	349ZZA.	Announcement before entry
	349ZZB.	Offence of making false statements in warrants
	349ZZC.	Offences relating to telephone warrants
	349ZZD.	Retention of things which are seized
	349ZZE.	Magistrates Court may permit a thing to be retained
	349ZZF.	Law relating to legal professional privilege not affected
	349ZZG.	Laws relating to taking forensic samples not affected
	350.	Seizure of forfeited articles
	350A.	Forfeited articles to be dealt with by Public Trustee
	350B.	Costs etc. payable to Public Trustee
	354.	Provision of interpreters in the investigation of summary offences
	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
Part XA—Investigation of 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 Part or under a corresponding law
PART XI—PROCEDURE, EVIDENCE, VERDICT, &c.
	359.	Meaning of “Statute” and “Act” in indictments etc.
	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 undertakings on postponement
	370.	Separate offences when can be joined
	371.	Accessories may be charged together in 1 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 etc. on charge of previous conviction
	395.	Plea of “not guilty”
	396.	Refusal to plead
	399. 	Plea of autrefois convict etc.
	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
	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 etc.
	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 xia—unfitness to plead, mental
illness and mental dysfunction
Division 1—Preliminary
	428A.	Application
	428B.	Interpretation
	428C.	Limit on detention
	428D.	Criteria for detention
Division 2—Unfitness to plead
	428E.	Referral to Tribunal
	428F.	Person found fit to plead
	428G.	Temporary unfitness to plead—non-serious offences
	428H.	Temporary unfitness to plead—serious offences
	428I.	Special hearings
	428J.	Nature and conduct of a special hearing
	428K.	Verdicts available at special hearings
	428L.	Non-acquittal at special hearing—non-serious offences
	428M.	Non-acquittal at special hearing—serious offences
Division 3—Acquittal on grounds of mental illness
	428N.	Acquittal on grounds of mental illness
	428O.	Plea of not guilty by reason of mental illness
	428P.	Explanation to jury
	428Q.	Court orders following acquittal—non-serious offences
	428R.	Court orders following acquittal—serious offences
Division 4—Referral of mentally dysfunctional persons to
Tribunal following conviction
	428S.	Application
	428T.	Referral to Tribunal
Division 5—Summary proceedings against mentally
dysfunctional persons
	428U.	Application
	428V.	Indictable offences heard and determined summarily
	428W.	Powers of Magistrates Court
	428X.	Means by which Magistrates Court may be informed
PART XII—SENTENCES
Division 1—General principles and procedures
	428Y.	Interpretation
	429.	Sentencing to be just and appropriate
	429A.	Matters to which court to have regard
	429AB.	Victim impact statements
	429B.	Matters not to be taken into account
	429C.	Restriction on imposing sentences of imprisonment
	430.	Sentences—imprisonment and fines
	431.	Fine instead of imprisonment
	431A.	Fines
	432.	Theft of motor vehicle—cancellation of licence
	437.	Reparation orders
	441.	Judgment after sentence deferred
	441A.	When sentence takes effect
	442.	Provision for passing sentences of less duration than those fixed
	443.	Concurrent and cumulative sentences
	446.	Previous sentences to be noted in new sentence
	448.	Outstanding charges may be taken into account when passing sentence
	449.	Appeal where promised cooperation not forthcoming
	450.	Court to explain sentence
	451.	Time held in custody to count
	452.	Sentence to be adjusted if no remission laws apply
Division 2—Pre-sentence reports
	453.	Interpretation
	454.	Court may order pre-sentence reports
	455.	Contents of pre-sentence report
	456.	Circulation of the report
	457.	Right of cross-examination
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.	Executive or Judge may direct inquiry
		Attendance of witnesses etc.
		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 etc.
	545.	Entrance to cellars etc. 
	545A.	Fighting
	546A.	Offensive behaviour 
	546B.	Indecent exposure 
	546C.	Noise abatement directions 
	546D.	Bogus advertisements 
	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
	553.	Sentence may be for less term or fine of less amount than that fixed
	555.	Application of forfeitures and penalties
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 etc. 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 XVB—GRANT OF PARDON AND REMISSION OF PENALTIES
	557.	Grant of pardon
	558.	Remission of penalties
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 etc.
	 574.	Prosecutions for blasphemy
	577.	Change of venue
	578.	Regulations

FIRST SCHEDULE
Repeal of Acts
THIRD SCHEDULE
Forms
SCHEDULE 5
Forms
SIXTH SCHEDULE
List of other alleged offences

Australian Capital Territory

crimes act 1900
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 are, to the extent expressed, 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, repealed, and holding office at the time of the passing of this Act, shall be deemed to have been appointed under this Act.
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.
Territorial application of the criminal law of the Territory
3A.  (1)  An offence against a law of the Territory is committed if—
	(a)	all elements necessary to constitute the offence (disregarding any territorial considerations) exist; and
	(b)	a territorial nexus exists between the Territory and at least 1 element of the offence.
(2)  A territorial nexus exists between the Territory and an element of an offence if—
	(a)	the element is or includes an event occurring in the Territory; or
	(b)	the element is or includes an event that occurs outside the Territory but while the person alleged to have committed the offence is in the Territory.
(3)  The territorial nexus referred to in paragraph (1) (b) (in this section called the ‘necessary territorial nexus’) shall be presumed to exist, but the presumption is rebuttable in accordance with subsection (4).
(4)  If a person charged with an offence disputes the existence of the necessary territorial nexus, the court shall proceed with the trial of the offence in the usual way and if at the conclusion of the trial the court, or, in the case of a jury trial, the jury, is satisfied on the balance of probabilities that the necessary territorial nexus does not exist, it shall, subject to subsection (5), make or return a finding to that effect and the charge is to be dismissed.
(5)  If the court, or, in the case of a jury trial, the jury, would, disregarding territorial considerations, find the person not guilty of the offence (but not on the ground of mental illness), the court or jury shall make or return a finding of not guilty.
(6)  The issue of whether the necessary territorial nexus exists shall, if raised before the trial, be reserved for consideration at the trial.
(7)  A power or authority exercisable on reasonable suspicion that an offence has been committed may be exercised in the Territory if the person in whom the power or authority is vested suspects on reasonable grounds that the elements necessary to constitute the offence exist (whether or not that person suspects or has any ground to suspect that the necessary territorial nexus with the Territory exists).
(8)  This section applies to offences committed before or after the commencement of this section but does not apply to an offence if—
	(a)	the law under which the offence is created makes the place of commission (explicitly or by necessary implication) an element of the offence;
	(b)	the law under which the offence is created is a law of extraterritorial operation and explicitly or by necessary implication excludes the requirement for a territorial nexus between the Territory and an element of the offence; or
	(c)	proceedings are pending at the commencement of this section in relation to the offence.
(9)  This section is in addition to and does not derogate from any other basis on which the courts of the Territory may exercise criminal jurisdiction.
(10)  If a person charged with a particular offence could be found guilty on that charge of some other offence or offences, that person is, for the purposes of this section, to be taken to be charged with each offence.
(11)  In this section—
“event” means any act, omission, occurrence, circumstance or state of affairs (not including intention, knowledge or any other state of mind);
“trial” includes a special hearing conducted in accordance with section 428I.
Interpretation
4.3  (1)  In this Act, unless the context or subject-matter otherwise indicates or requires:
“bail undertaking” means an undertaking given by a person charged with an offence in order to obtain bail in relation to the offence;
 “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 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” 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” includes, any society, company, or corporation;
“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;
“Trust Fund” means the Confiscated Assets Trust Fund established by section 33 of the Proceeds of Crime Act 1991;
“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” etc.
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 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.
No time limit on criminal responsibility for homicide
11. (1)  Any rule of law that a death which occurs more than a year and a day after the injury which caused it is to be conclusively presumed not to have been caused by the injury, is abolished.
(2)  This section does not apply in respect of an injury received before the commencement of this section.
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.
Stalking etc.
34A.  (1)  A person shall not stalk another person with intent to cause—
	(a)	apprehension or fear of serious harm in the other person or a third person; or 
	(b)	serious harm to the other person or a third person.
Penalty:
	(a)	where—
	(i)	the offence involved a contravention of an injunction or other order made by a court; or
	(ii)	the offender was in possession of an offensive weapon;
imprisonment for 5 years; and
	(b)	in any other case—imprisonment for 2 years.
(2)  For the purposes of subsection (1), a person shall be taken to stalk another person if, on at least 2 occasions, he or she—
	(a)	follows or approaches the other person;
	(b)	loiters near, watches, approaches or enters a place where the other person resides, works or visits;
	(c)	keeps the other person under surveillance;
	(d)	interferes with property in the possession of the other person;
	(e)	gives or sends offensive material to the other person or leaves offensive material where it is likely to be found by, given to or brought to the attention of, the other person;
	(f)	telephones or otherwise contacts the other person;
	(g)	acts covertly in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or
	(h)	engages in conduct amounting to intimidation, harassment or molestation of the other person.
(3)  In a prosecution for an offence under subsection (1), it is not necessary to prove that the person stalked or a third person, as the case may be, apprehended or feared serious harm.
(4)  In this section—
“harm” means physical harm, harm to mental health, or disease, whether permanent or temporary;
“harm to mental health” includes psychological harm;
“physical harm” includes unconsciousness, pain, disfigurement and any physical contact that might reasonably be objected to in the circumstances, whether or not there was an awareness of that contact at the time.
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 employee or acting in an official capacity; or
	(b)	is acting at the instigation, or with the consent or acquiescence, of a public employee 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 2 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
Item	Col 2
Offence charged	Col 3
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)
(Assault with intent to commit indictable offence)	Section 26	
7	Section 24
(Assault occasioning actual bodily harm)	Section 26	
8	Paragraph 27 (3) (b)
(Administering drugs etc. endangering life etc.)	Paragraph 28 (2) (a)	
9	Paragraph 27 (3) (e)
(Causing explosions etc. endangering life etc.)	Paragraph 28 (2) (b)	
10	Paragraph 27 (3) (f)
(Setting traps endangering life etc.)	Paragraph 28 (2) (c)	
11	Paragraph 27 (3) (g)
(Interfering with conveyances and endangering life etc.)
	Paragraph 28 (2) (d)	

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 authorised 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 authorised 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 a 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 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 subsection (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—
	(i)	the person on whom the offence is alleged to have been committed was of or above the age of 10 years; and
	(ii)	the defendant was not more than 2 years older;
and that that person consented to the sexual intercourse.
Maintaining a sexual relationship with a young person
92EA.  (1)  In this section—
“adult” means a person who has attained the age of 18 years;
“sexual act” means an act that constitutes an offence under this Part but does not include an act referred to in subsection 92E (2) or 92K (2) if the person who committed the act establishes the matters referred to in subsection 92E (3) or 92K (3), as the case may be, that would be a defence if the person had been charged with an offence against subsection 92E (2) or 92K (2), as the case may be;
“young person” means a person who is under the age of 16 years.
(2)  A person who, being an adult, maintains a sexual relationship with a young person is guilty of an offence.
(3)  For the purposes of subsection (2), an adult shall be taken to have maintained a sexual relationship with a young person if the adult has engaged in a sexual act in relation to the young person on 3 or more occasions.
(4)  In proceedings for an offence under subsection (2), evidence of a sexual act is not inadmissible by reason only that it does not disclose the date or the exact circumstances in which the act occurred.
(5)  Subject to subsection (6), a person who is convicted of an offence under subsection (2) is liable to imprisonment for 7 years.
(6)  If a person convicted under subsection (2) is found, during the course of the relationship, to have committed another offence under this Part in relation to the young person (whether or not the person has been convicted of that offence), the offence under subsection (2) is punishable by imprisonment—
	(a)	if the other offence is punishable by imprisonment for less than 14 years—for 14 years; or
	(b)	if the other offence is punishable by imprisonment for a period of 14 years or more—for life.
(7)  Subject to subsection (8), a person may be charged in 1 indictment with an offence under subsection (2) and with another offence under this Part alleged to have been committed by the person during the course of the alleged relationship and may be convicted of and punished for any or all of the offences so charged.
(8)  Notwithstanding subsection 443 (1), where a person convicted of an offence under subsection (2) is sentenced to a term of imprisonment for that offence and a term of imprisonment for another offence under this Part committed during the course of the relationship, the court shall not direct that those sentences be cumulative.
(9)  A prosecution for an offence under subsection (2) shall not be commenced except by, or with the consent of, the Director of Public Prosecutions.
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 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 subsection (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—
	(i)	the person on whom the offence is alleged to have been committed was of or above the age of 10 years; and
	(ii)	the defendant was not more than 2 years older;
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 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 subsection (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 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 subsection (1), “an act of a sexual nature” means sexual intercourse or an act of indecency.
Possession of child pornography
92NB.  (1)  A person who knowlingly has in his or her possession a film, photograph, drawing, audio tape, video tape or any other thing depicting or otherwise representing a young person engaged in, or in the presence of another person engaged in, an act of a sexual nature, being a depiction or representation that would offend a reasonable adult person, is guilty of an offence punishable, on conviction, by imprisonment for 5 years. 
 (2)  It is a defence to a prosecution for an offence against subsection (1) that the defendant reasonably believed that the person depicted or otherwise represented as a young person was not under the age of 16 years. 
 (3)  In this section—
 “young person” means a person who is under the age of 16 years.
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 or her 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)  Subsection (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 subsection 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 subsection 92B (1) or (2) or section 92G, as the case requires. 
 (2)  Where, on the trial of a person for an offence under subsection 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 subsection 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 subsection 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 subsection 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. 
 (5)  Where, on the trial of a person for an offence against subsection 92E (1), 92K (1) or 92L (1), the jury—
	(a)	is not satisfied that the person in relation to whom the offence is alleged to have been committed was under 10 years of age when the offence is alleged to have been committed; but
	(b)	is satisfied that the accused is guilty of an offence against subsection 92E (2), 92K (2) or 92L (2), respectively;
the jury may find the accused not guilty of the offence charged but guilty of an offence against subsection 92E (2), 92K (2) or 92L (2), respectively.
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 IiiB—female genital mutilation3
92V-92Z 3	*	*	*	*	*
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 herself 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 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 subsection (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 subsection (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) Act (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 realisation:
	(i)	of the whole or part of the stolen property; or
	(ii)	of any other proceeds of any earlier disposal or realisation 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.
Minor theft
99A.  A person who steals property the value of which does not exceed $1,000 is guilty of an offence punishable, on conviction, by imprisonment for 6 months or a fine not exceeding 50 penalty units, or both.
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)  Subsection (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.
(1A)  A person who dishonestly makes off without paying for goods supplied, or services provided, the value of which does not exceed $1,000—
	(a)	knowing that he or she is required or expected to pay immediately; and
	(b)	intending to avoid payment of the amount due; 
is guilty of an offence punishable, on conviction, by imprisonment for 6 months or a fine not exceeding 50 penalty units, or both.
(2)  Subsections (1) and (1A) do 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 etc. 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 subsection (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)	authorising 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)  Subsection (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.
Possession of housebreaking implements etc.
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 subsection (1), any article of the kind referred to in that subsection 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 subsection (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 subsection (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 satisfied that the accused committed an offence under subsection (1), the jury may acquit him or her or her of theft and convict him or her of an offence under that subsection.
(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 1 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.
(4)  A person who, intentionally and without lawful excuse, and by means other than fire or explosive, destroys or damages property which—
	(a)	belongs to another person, or to himself or herself and another person; and
	(b)	does not exceed $1,000 in value; 
is guilty of an offence punishable, on conviction, by imprisonment for 6 months or a fine not exceeding 50 penalty units, or both.
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 subsection 128 (1) and 129 (1), a person charged with an offence against either 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 authorised 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 or her 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 subsection (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 etc. 
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 subsection 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 3B—Offences relating to computers
Interpretation
135H.  (1)  In this Division, unless the contrary intention appears—
“data” includes information, a computer program or part of a computer program.
(2)  A reference in this Division to data stored in a computer includes a reference to data entered or copied into the computer, whether temporarily or permanently.
Unlawful access to data in computer
135J.  A person who, intentionally and without lawful authority or excuse, obtains access to data stored in a computer is guilty of an offence punishable, on conviction, by imprisonment for 2 years.
Damaging data in computers
135K.  A person who intentionally or recklessly, and without lawful authority or excuse—
	(a)	destroys, erases or alters data stored in, or inserts data into, a computer; or
	(b)	interferes with, or interrupts or obstructs the lawful use of, a computer;
is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Dishonest use of computers
135L.  (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.
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 etc.
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 etc.
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)  Subsection (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 subsection (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 subsection (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 authorised by the Director of Public Prosecutions to give consent.
(4)  Subsection (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 subsection (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 1 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 1 person, it is sufficient to name 1 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 subsection (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 etc. 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 V—escape provisions
Interpretation
151A.  For the purposes of this Part, a person who is serving a sentence by way of periodic detention shall not be deemed by reason only of that fact to be in lawful custody.
Detention during pleasure: meaning
152.  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
153.  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
154.  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.
155.  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
156.  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
157.  (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 for 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
158.  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
159.  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
160.  (1)  Where:
	(a)	in accordance with a law in force in the Territory (other than the Bail Act 1992), 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 a period not exceeding 2 years or a fine not exceeding $20,000, 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.
PART VII
PERJURY AND LIKE OFFENCES
Perjury
327.  Whosoever commits the crime of perjury shall be liable to imprisonment for 7 years.
Perjury with intent to procure conviction etc.
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 14 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 or her of the offence charged, and find him or her guilty of an offence under section 328, and he or she 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 5 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 2 statements on oath, of which 1 is irreconcilably in conflict with the other, and the jury are of opinion that 1 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 or she 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.  (1)  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.
(2)  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 or her forthwith to enter into an undertaking, with 1 or more surety or sureties, to take his or her trial for that offence at the next, or nearest practicable, sitting of the Supreme Court, and may also require any persons then present to enter into undertakings to prosecute, and give evidence, respectively, against the accused, and may commit any person in default of his or her entering into any such undertaking.
For restraining vexatious prosecutions
341.  (1)  No prosecution in respect of any such statement on oath, referred to in section 340, shall be instituted without such direction as in that section provided, or without the leave of the Court, or that Judge.
(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 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.
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 1 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—criminal investigation
Division 1—Preliminary
Interpretation
349AA. 3  In this Part, unless the contrary intention appears:
“assisting officer”, in relation to a warrant, means—
	(a)	a police officer assisting in executing the warrant; or
	(b)	a person who is not a police officer, but who has been authorised by the relevant executing officer to assist in executing the warrant;
“Commonwealth Crimes Act” means the Crimes Act 1914 of the Commonwealth;
“conveyance” includes an aircraft, vehicle or vessel;
“evidential material” means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form;
“executing officer”, in relation to a warrant, means—
	(a)	the police officer named in the warrant by the issuing officer as being responsible for executing the warrant;
	(b)	if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer named under paragraph (a); or
	(c)	another police officer whose name has been written in the warrant by the police officer named in the warrant under paragraph (b);
“frisk search” means—
	(a)	a search of a person conducted by quickly running the hands over the person’s outer garments; and
	(b)	an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person;
“issuing officer”, in relation to a warrant to search premises or a person or a warrant for arrest under this Part, means—
	(a)	a Judge, the Registrar or a Deputy Registrar of the Supreme Court;
	(b)	a Magistrate; or
	(c)	if authorised by the Chief Magistrate to issue such search warrants or arrest warrants (as the case may be)—the Registrar or a Deputy Registrar of the Magistrates Court;
“medical practitioner” means a person—
	(a)	who is registered under the Medical Practitioners Act 1930; or
	(b)	who is to be deemed to be registered under that Act by virtue of section 25 of the Mutual Recognition Act 1992 of the Commonwealth;
“offence” means an offence against a law of the Territory;
“ordinary search” means a search of a person or of articles in the possession of a person that may include—
	(a)	requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
	(b)	an examination of those items;
“police station” includes—
	(a)	a police station of the Territory; and
	(b)	a building occupied by the Australian Federal Police;
“premises” includes a place and a conveyance;
“recently used conveyance”, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced;
“seizable item” means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody;
“strip search” means a search of a person or of articles in the possession of a person that may include—
	(a)	requiring the person to remove all of his or her garments; and
	(b)	an examination of the person’s body (but not of the person’s body cavities) and of those garments;
“summary offence” means an offence that is punishable on summary conviction as provided by section 33E of the Interpretation Act 1967;
“thing relevant to an indictable offence” means—
	(a)	anything with respect to which an indictable offence has been committed or is suspected, on reasonable grounds, to have been committed;
	(b)	anything which is suspected, on reasonable grounds, to afford evidence of the commission of an indictable offence; or
	(c)	anything which is suspected, on reasonable grounds, to be intended to be used for the purpose of committing an indictable offence;
“thing relevant to a summary offence” means—
	(a)	anything with respect to which a summary offence has been committed or is suspected, on reasonable grounds, to have been committed;
	(b)	anything which is suspected, on reasonable grounds, to afford evidence of the commission of a summary offence; or
	(c)	anything which is suspected, on reasonable grounds, to be intended to be used for the purpose of committing a summary offence;
“warrant” means a warrant under this Part;
“warrant premises” means premises in relation to which a warrant is in force.
Application of Part
349AB.  (1)  This Part is not intended to limit or exclude the operation of any other law of the Territory relating to—
	(a)	the search of persons or premises;
	(b)	arrest and related matters;
	(c)	the stopping, detaining or searching of conveyances; or
	(d)	the seizure of things.
(2)  To avoid any doubt, it is declared that even though another law of the Territory provides power to do 1 or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.
Division 1A—Preventative action
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 weapon
349D.  (1)  Where a police officer enters premises pursuant to section 349A, 349B or 349C, the police officer may seize any dangerous weapon or restricted weapon—
	(a)	in or on those premises; or
	(b)	in or on a motor vehicle under the control of a person who ordinarily lives on those premises or is apparently connected with the circumstances giving rise to the entry of the police officer onto the premises;
if the police officer has reasonable grounds for believing that its seizure 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)  A weapon may be seized by a police officer under subsection (1)—
	(a)	despite the fact that the owner of the weapon is unknown; or 
	(b)	irrespective of whether the owner of the weapon is connected with the circumstances giving rise to the entry of the police officer onto the premises.
(2A)  A police officer who is authorised under subsection (1) to seize a dangerous weapon or a restricted weapon in or on premises or in or on a motor vehicle may search the premises or the motor vehicle for weapons of that type and use such force as is reasonably necessary for the purpose.
(2B)  Subject to subsection (2C), where before the expiration of 60 days after the date of seizure of a weapon under subsection (1)—
	(a)	a prosecution for an offence arising out of circumstances in which a police officer has entered premises under section 349A, 349B or 349C has not been instituted; or
	(b)	an application for a protection order or an interim protection order under the Domestic Violence Act 1986 has not been made;
the weapon shall be returned—
	(c)	in the case of a dangerous weapon registered or endorsed on a licence under the Weapons Act 1991—to the person on whose licence the weapon is registered; or
	(d)	in the case of a restricted weapon—to the licensee.
(2C)  A weapon seized under subsection (1) shall not be returned if the Registrar would otherwise be entitled under the Weapons Act 1991 to be in possession of the weapon.
(3)  An expression that is used in subsection (1) or (2) and in the Weapons Act 1991 has, in this section, the same meaning as in that Act.
Division 2—Search warrants
When search warrants can be issued
349E.  (1)  An issuing officer may issue a warrant to search premises if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.
(2)  An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that the person possesses, or will within the next 72 hours possess, any evidential material.
(3)  If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person shall state that suspicion, and the grounds for that suspicion, in the information.
(4)  If the person applying for the warrant is a police officer and has, at any time previously, applied for a warrant relating to the same person or premises, the person shall state in the information particulars of those applications and their outcome.
(5)  A warrant shall include statements of the following matters:
	(a)	the offence to which the warrant relates;
	(b)	a description of the warrant premises, or the name or description of the person to whom it relates;
	(c)	the kinds of evidential material that are to be searched for under the warrant;
	(d)	the name of the police officer who is to be responsible for executing the warrant (unless he or she inserts in the warrant the name of another police officer);
	(e)	the period, not exceeding 7 days, for which the warrant remains in force;
	(f)	subject to subsection (9), the times during which the search is authorised.
(6)  In the case of a warrant in relation to premises, the warrant shall state—
	(a)	that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5) (c)) found at the premises in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be—
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	a thing relevant to another offence that is an indictable offence;
if the executing officer or an assisting officer believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and
	(b)	whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or an assisting officer suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
(7)  In the case of a warrant to search a person, the warrant shall state—
	(a)	that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5) (c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing officer or an assisting officer believes on reasonable grounds to be—
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	a thing relevant to another offence that is an indictable offence;
if the executing officer or an assisting officer believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and
	(b)	the kind of search of a person that the warrant authorises.
(8)  Paragraph (5) (e) does not prevent the issue of successive warrants in relation to the same premises or person.
(9)  A warrant shall not be expressed to authorise a search at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the issuing officer is satisfied that—
	(a)	it would not be practicable to conduct the search at another time; or
	(b)	it is necessary to do so in order to prevent the concealment, loss or destruction of evidence relating to the offence.
(10)  If the application for the warrant is made under section 349R, this section applies as if—
	(a)	subsections (1) and (2) referred to 48 hours rather than 72 hours; and
	(b)	paragraph (5) (e) referred to 48 hours rather than 7 days.
The things that are authorised by search warrant
349F.  (1)  A warrant in force for the search of premises authorises the executing officer or an assisting officer—
	(a)	to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is;
	(b)	to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; 
	(c)	to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises;
	(d)	to seize other things found at the premises in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be—
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	evidential material in relation to any indictable offence;
if the executing officer or an assisting officer believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence;
	(e)	to seize other things found at the premises in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be seizable items; and
	(f)	if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or an assisting officer suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
(2)  A warrant in force for the search of a person authorises the executing officer or an assisting officer—
	(a)	to search the person as specified in the warrant, things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; 
	(b)	to—
	(i)	seize things of that kind;
	(ii)	record fingerprints from things;
	(iii)	to take forensic samples from things;
found in the course of the search;
	(c)	to seize other things found in the course of the search on, or in the possession of, the person or in the conveyance that the executing officer or an assisting officer believes on reasonable grounds to be—
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	a thing relevant to any indictable offence;
if the executing officer or an assisting officer believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and
	(d)	to seize other things found in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be seizable items.
(3)  If the warrant states that it may be executed only during particular hours, the warrant shall not be executed outside those hours. 
(4)  If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised shall not be done under the warrant.
(5)  If things are seized under a warrant, the warrant authorises the executing officer to make the things available to officers of other agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the things relate.
Availability of assistance and use of force in executing warrant
349G.  In executing a warrant—
	(a)	the executing officer may obtain such assistance as is necessary and reasonable in the circumstances;
	(b)	the executing officer, or a police officer assisting in executing the warrant, may use such force against persons and things as is necessary and reasonable in the circumstances; and
	(c)	an assisting officer may use such force against things as is necessary and reasonable in the circumstances.
Details of warrant to be given to occupier etc.
349H.  (1)  If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer or an assisting officer shall make available to that person a copy of the warrant.
(2)  If a warrant in relation to a person is being executed, the executing officer or an assisting officer shall make available to that person a copy of the warrant.
(3)  If a person is searched under a warrant in relation to premises, the executing officer or an assisting officer shall show the person a copy of the warrant.
(4)  The executing officer shall identify himself or herself to the person at the premises or the person being searched, as the case may be.
(5)  The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the issuing officer or the seal of the relevant court.
Specific powers available to police officers executing warrant
349J.  (1)  In executing a warrant in relation to premises, the executing officer or an assisting officer may—
	(a)	for a purpose incidental to the execution of the warrant; or
	(b)	if the occupier of the premises consents in writing;
take photographs (including video recordings) of the premises or of things at the premises. 
(2)  If a warrant in relation to premises is being executed, the executing officer and the assisting officers may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises—
	(a)	for not more than 1 hour; or
	(b)	for a longer period if the occupier of the premises consents in writing.
(3)  If—
	(a)	the execution of a warrant is stopped by an order of a court;
	(b)	the order is later revoked or reversed on appeal; and
	(c)	the warrant is still in force;
the execution of the warrant may be completed. 
Use of equipment to examine or process things
349K. (1)  The executing officer or an assisting officer may bring to warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises, in order to determine whether they are things that may be seized under the warrant.
(2)  If—
	(a)	it is not practicable to examine or process them at the warrant premises; or
	(b)	the occupier of the premises (or his or her representative) consents in writing;
the things may be moved to another place for examination or processing in order to determine whether they are things that may be seized under a warrant.
(3)  If things are moved to another place for the purpose of examination or processing under subsection (2), the executing officer shall, if practicable—
	(a)	inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and
	(b)	allow the occupier (or his or her representative) to be present during the examination or processing.
(4)  The executing officer or an assisting officer may operate equipment already at warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the officer believes on reasonable grounds that—
	(a)	the equipment is suitable for the examination or processing; and
	(b)	the examination or processing can be carried out without damage to the equipment or the thing.
Use of electronic equipment at premises
349L.  (1)  The executing officer or an assisting officer may operate electronic equipment at warrant premises to see whether evidential material is accessible by doing so if the officer believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(2)  If the executing officer or an assisting officer, after operating the equipment, finds that evidential material is accessible by doing so, the officer may—
	(a)	seize the equipment and any disk, tape or other associated device;
	(b)	if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or
	(c)	if the material can be transferred to a disk, tape or other storage device that—
	(i)	is brought to the premises; or
	(ii)	is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.
(3)  Equipment may only be seized under paragraph (2) (a) if—
	(a)	it is not practicable to put the material in documentary form under paragraph (2) (b) or to copy the material under paragraph (2) (c); or
	(b)	possession by the occupier of the equipment could constitute an offence.
(4)  If the executing officer or an assisting officer believes on reasonable grounds that—
	(a)	evidential material may be accessible by operating electronic equipment at the premises;
	(b)	expert assistance is required to operate the equipment; and
	(c)	if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
(5)  The executing officer or an assisting officer shall give notice to the occupier of the premises of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours.
(6)  The equipment may be secured—
	(a)	for a period not exceeding 24 hours; or
	(b)	until the equipment has been operated by the expert;
whichever happens first.
(7)  If the executing officer or assisting officer believes on reasonable grounds that expert assistance will not be available within 24 hours, he or she may apply to the issuing officer for an extension of that period.
(8)  The executing officer or assisting officer shall give notice to the occupier of the premises—
	(a)	that the executing officer or assisting officer intends to apply for an extension under subsection (7); and
	(b)	that the occupier is entitled to be heard in relation to the application.
(9)  The occupier is entitled to be heard in relation to an application under subsection (7).
(10) This Division applies to the issuing of an extension on an application under subsection (7) in the same way as it applies to the issue of a warrant, with necessary changes.
Compensation for damage to electronic equipment
349M.  (1)  If—
	(a)	damage is caused to equipment as a result of it being operated under section 349K or 349L; and
	(b)	the damage resulted from—
	(i)	insufficient care being exercised in selecting the person who was to operate the equipment; or
	(ii)	insufficient care being exercised by the person operating the equipment;
compensation for the damage is payable to the owner of the equipment.
(2)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises or the occupier’s employees or agents, if they were available at the time, had provided any warning or guidance as to the appropriate operation of the equipment in the circumstances.
Copies of seized things to be provided
349N.  (1)  If a police officer seizes from warrant premises—
	(a)	a document, film, computer file or other thing that can be readily copied; or
	(b)	a storage device the information in which can be readily copied;
the officer shall, if requested to do so by the occupier of the premises (or another person apparently representing the occupier), give a copy of the thing or the information to the occupier or that person as soon as practicable after the seizure.
(2)  Subsection (1) does not apply if—
	(a)	the seized item was seized under paragraph 349L (2) (b) or (c); or
	(b)	possession by the occupier of the document, film, computer file, thing or information could constitute an offence.
Occupier entitled to be present during search
349P.  (1)  If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part 1C of the Commonwealth Crimes Act, entitled to observe the search being conducted.
(2)  The right to observe the search being conducted ceases if the person impedes the search.
(3)  This section does not prevent 2 or more areas of the premises being searched at the same time.
Receipts for things seized under warrant
349Q.  (1)  If a thing is seized under a warrant or moved under subsection 349K (2), the executing officer or an assisting officer shall provide a receipt for the thing.
(2)  If 2 or more things are seized or moved, they may be covered by a single receipt.
Warrants by telephone or other electronic means
349R.  (1)  A police officer may make an application to an issuing officer for a warrant by telephone, telex, facsimile or other electronic means—
	(a)	in an urgent case; or
	(b)	if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
(2)  The issuing officer may require communication by voice to the extent that is practicable in the circumstances.
(3)  An application under this section shall include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.
(4)  If an application is made to an issuing officer under this section and the issuing officer, after considering the information and having received and considered such further information (if any) as the issuing officer required, is satisfied that—
	(a)	a warrant in the terms of the application should be issued urgently; or
	(b)	the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;
the issuing officer may complete and sign the same form of warrant that would be issued under section 349E.
(5)  If the issuing officer decides to issue the warrant, the issuing officer is to inform the applicant, by telephone, telex, facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.
(6)  The applicant shall then complete a form of warrant in terms substantially corresponding to those given by the issuing officer, stating on the form the name of the issuing officer and the day on which and the time at which the warrant was signed.
(7)  The applicant shall, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.
(8)  The issuing officer is to attach to the documents provided under subsection (7) the form of warrant completed by the issuing officer.
(9)  If—
	(a)	it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and
	(b)	the form of warrant signed by the issuing officer is not produced in evidence;
the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.
Restrictions on personal searches
349S.  A warrant may not authorise a strip search or a search of a person’s body cavities.
Division 3—Stopping and searching conveyances
Searches without warrant in emergency situations
349T.  (1)  This section applies if a police officer suspects, on reasonable grounds, that—
	(a)	a thing relevant to an indictable offence is in or on a conveyance; 
	(b)	it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and
	(c)	it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.
(2)  Where this section applies, the police officer may—
	(a)	stop and detain the conveyance;
	(b)	search the conveyance and any container in or on the conveyance, for the relevant thing; and
	(c)	seize the thing if he or she finds it there.
(3)  If, in the course of searching for the relevant thing, the police officer finds any evidential material, the police officer may seize the material if he or she suspects, on reasonable grounds, that—
	(a)	it is necessary to seize it in order to prevent its concealment, loss or destruction; and
	(b)	it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.
(4)  The police officer shall exercise his or her powers under this section subject to section 349U.
How a police officer exercises a power under section 349T
349U.  In exercising a power under section 349T in relation to a conveyance, a police officer—
	(a)	may use such assistance as is necessary;
	(b)	shall search the conveyance in a public place or in some other place to which members of the public have ready access;
	(c)	shall not detain the conveyance for longer than is necessary and reasonable to search it and any container found in or on the conveyance; and
	(d)	may use such force as is necessary and reasonable in the circumstances, but shall not damage the conveyance or any container found in or on the conveyance by forcing open a part of  the conveyance or container unless—
	(i)	any person apparently in charge of the conveyance has been given a reasonable opportunity to open that part or container; or
	(ii)	it is not possible to give any such person that opportunity. 
Division 4—Arrest and related matters
Requirement to furnish name etc.
349V.  (1)  Where—
	(a)	a police officer has reason to believe that an offence has been or may have been committed;
	(b)	believes on reasonable grounds that a person may be able to assist him or her in inquiries in relation to that offence; and
	(c)	the name or address (or both) of that person is unknown to the officer;
the officer—
	(d)	may request the person to provide his or her name or address (or both) to the officer; and
	(e)	if making such a request—shall inform the person of the reason for the request.
(2)  If a police officer—
	(a)	makes a request of a person under subsection (1);
	(b)	informs the person of the reason for the request; and
	(c)	complies with subsection (3) if the person makes a request under that subsection;
the person shall not, without reasonable excuse—
	(d)	refuse or fail to comply with the request; or
	(e)	give a name or address that is false in a material particular.
(3) If a police officer who makes a request of a person under subsection (1) is requested by the person to provide to the person—
	(a)	his or her name or the address of his or her place of duty;
	(b)	his or her name and that address; or
	(c)	if he or she is not in uniform and it is practicable for the police officer to provide the evidence—evidence that he or she is a police officer;
the police officer shall not—
	(d)	refuse or fail to comply with the request; or
	(e)	give a name or address that is false in a material particular.
(4)  As soon as possible after making such a request, the police officer shall make a written record of the grounds for his or her belief.
Penalty:  $500.
Power of arrest without warrant by police officers
349W.  (1)  A police officer may, without warrant, arrest a person for an offence if the police officer believes on reasonable grounds that—
	(a)	the person has committed or is committing the offence; and
	(b)	proceedings by summons against the person would not achieve 1 or more of the following purposes:
	(i)	ensuring the appearance of the person before a court in respect of the offence;
	(ii)	preventing a repetition or continuation of the offence or the commission of another offence;
	(iii)	preventing the concealment, loss or destruction of evidence 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 in respect of the offence;
	(vi)	preserving the safety or welfare of the person.
(2)  Where—
	(a)	a person has been arrested under subsection (1) in connection with an offence; and
	(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 to achieve any of the purposes referred to in paragraph (1) (b);
the person shall forthwith be released from custody in respect of the offence.
(3)  A police officer may, without warrant, arrest a person whom he or she believes on reasonable grounds has escaped from lawful custody to which the person is still liable in respect of an offence.
Arrest without warrant in possession
349X.  (1)  This section applies where—
	(a)	a warrant has been issued for the arrest of a person; and
	(b)	a police officer encounters the person or is otherwise in a position to arrest the person but is not carrying the warrant at the time.
(2)  Where this section applies, the police officer may—
	(a)	arrest the person; and
	(b)	in the case of a warrant for the arrest of a person for the commission of an offence—take the person (and any property found in the person’s possession) before a Magistrate to be dealt with according to law.
(3)  In this section—
“warrant” means an arrest warrant or a warrant of commitment issued under a law of the Territory, the Commonwealth, a State or another Territory.
Arrest of prisoner unlawfully at large
349Y.  (1)  A police officer may, without warrant, arrest a person whom the police officer believes on reasonable grounds to be a prisoner unlawfully at large.
(2)  The police officer shall, as soon as practicable after the arrest, take the person before a Magistrate.
(3)  If the Magistrate is satisfied that the person is a prisoner unlawfully at large, the Magistrate may issue a warrant—
	(a)	authorising a police officer to convey the person to a prison or other place of detention specified in the warrant; and
	(b)	directing that the person, having been conveyed to that place in accordance with the warrant, be detained there to undergo the term of imprisonment or other detention that the person is required by law to undergo.
(4)  In this section—
“prisoner unlawfully at large” means a person who is at large (otherwise than because the person has escaped from lawful custody) at a time when the person is required by law to be detained under a law of the Territory, a State, or another Territory.
Power of arrest without warrant of person on bail
349Z.  (1)  A police officer may, without warrant, arrest a person who has been admitted to bail in the Territory, a State or another Territory, subject to conditions, if the officer believes on reasonable grounds that the person—
	(a)	has failed to comply with a bail condition; or
	(b)	will not comply with a bail condition.
(2)  Where a police officer arrests a person under subsection (1), the officer shall cause the person to be brought before a court as soon as is practicable.
(3)  Where a person is brought before a court under subsection (2), the court may—
	(a)	in the case of a person originally admitted to bail in the Territory—exercise the same powers in relation to the person in relation to bail (or dispensing with bail) as it has in relation to other accused persons in custody; or
	(b)	in the case of a person originally admitted to bail in a State or another Territory—
	(i)	release the person unconditionally;
	(ii)	admit the person to bail subject to such conditions as the court thinks fit; or
	(iii)	remand the person in custody for a reasonable time pending the obtaining of a warrant for the arrest of the person from the State or Territory in which the person was admitted to bail.
(4)  A release referred to in subparagraph (3) (b) (i) does not affect the operation of the bail order or the conditions of the bail imposed in the other State or Territory.
Arrest for breach of bail conditions by person outside the Territory
349ZA.  (1)  This section applies where a police officer believes on reasonable grounds that—
	(a)	a person who has been admitted to bail in the Territory subject to conditions has breached those conditions; and
	(b)	the person is in a State or another Territory.
(2)  Where this section applies, an issuing officer may, upon the information of the police officer—
	(a)	issue a warrant to arrest the person in that State or other Territory and bring him or her before a court in the Territory; or
	(b)	issue a summons for the person’s appearance before a court in the Territory.   
Arrest without warrant for offences committed outside the Territory
349ZB.  (1)  This section applies to an offence against the law of a State or another Territory consisting of an act or omission which, if it occurred in the Territory, would constitute an indictable offence.
(2)  A police officer may, without warrant, at any hour of the day or night, arrest a person whom he or she believes on reasonable grounds to have committed an offence to which this section applies.
(3)  Where a police officer arrests a person under subsection (2), the officer shall cause the person to be brought before a Magistrate as soon as is practicable.
(4)  Where a person is brought before a Magistrate under subsection (3), the Magistrate may—
	(a)	discharge the person; or
	(b)	commit the person to custody, or admit the person to bail, pending—
	(i)	the execution under a law of the Commonwealth of a warrant for the person’s arrest; or 
	(ii)	the person’s discharge or release under subsection (7).
(5)  A police officer may exercise any power under this Division in relation to a person arrested under this section as if the person had been arrested and was being held in custody in relation to the commission of an offence against a law of the Territory.
(6)  Where a person is committed to custody under this section and a warrant for the person’s apprehension is subsequently presented for execution, he or she shall be delivered in accordance with the terms of the warrant to the custody of the person executing it.
(7)  Where—
	(a)	a person is admitted to bail under this section; and
	(b)	before the person has complied with conditions of that bail, a warrant for his or her arrest is executed under a law of the Commonwealth;
the person is to be taken, at the time the warrant is executed, to be released from that bail and to have complied with the bail conditions, other than any condition with which the person had (before that time) failed to comply without reasonable excuse. 
(8)  Where—
	(a)	a person has been committed to custody or admitted to bail under this section; and
	(b)	a warrant for the arrest of the person is not executed within 7 days after the person is 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.
(9)  In this section—
“warrant” means a warrant issued under a law of the Territory, the Commonwealth, a State or another Territory and includes a provisional warrant.
Power of arrest without warrant by other persons
349ZC.  (1)  A person who is not a police officer may, without warrant, arrest another person if he or she believes on reasonable grounds that the other person is committing or has just committed an offence.
(2)  A person who arrests another person under subsection (1) shall, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a police officer.
Warrants for arrest
349ZD.  (1)  An issuing officer shall not issue a warrant for the arrest of a person for an offence as a result of an information laid before the officer unless—
	(a)	the information is on oath;
	(b)	subject to subsection (3), the informant has given the issuing officer an affidavit setting out the reasons why the warrant is sought, including the following reasons:
	(i)	the reasons why it is believed that the person committed the offence;
	(ii)	the reasons why it is claimed that proceedings by summons would not achieve 1 or more of the purposes set out in paragraph 349W (1) (b);
	(c)	if the issuing officer has requested further information concerning the reasons for which the issue of the warrant is sought—that information has been provided to the officer; and
	(d)	the issuing officer is satisfied that there are reasonable grounds for the issue of the warrant.
(2)  If the issuing officer issues a warrant, he or she shall write on the affidavit which of the reasons specified in the affidavit, and any other reasons, the officer has relied on as justifying the issue of the warrant.
(3)  Paragraph (1) (b) does not apply where the issuing officer is informed that the warrant is sought for the purpose of making a request for the extradition of a person from a foreign country.
Power to enter premises to arrest offender
349ZE.  (1)  Subject to subsection (3), if—
	(a)	an officer has, under a warrant, power to arrest the person for an offence; and
	(b)	the officer believes on reasonable grounds that the person is on any premises;
the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.
(2)  Subject to subsection (3), if—
	(a)	an officer has the power under section 349W to arrest the person without warrant for an offence;
	(b)	the offence is indictable; and
	(c)	the police officer believes on reasonable grounds that the person is on any premises;
the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.
(3)  A police officer shall not enter a dwelling house under subsection (1) or (2) at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the executing officer believes on reasonable grounds that—
	(a)	it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time; or
	(b)	it is necessary to do so in order to prevent the concealment, loss or destruction of evidence relating to the offence.
(4)  In subsection (3)—
“dwelling house” includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.
Use of force in making arrest
349ZF.  (1)  A person shall not, in the course of arresting another person for an offence, use more force, or subject the other person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the other person after the arrest.
(2) Without limiting the operation of subsection (1), a police officer shall not, in the course of arresting a person for an offence do anything that is likely to cause the death of, or grievous bodily harm to, the person, unless—
	(a)	the officer believes on reasonable grounds that it is necessary to do so to protect life or to prevent serious injury to the officer or another person; and
	(b)	if the person is attempting to escape arrest by fleeing—the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be apprehended in any other manner.
Persons to be informed of grounds of arrest
349ZG.  (1)  A person who arrests another person for an offence shall inform the other person, at the time of the arrest, of the offence for which the other person is being arrested.
(2)  It is sufficient if the other person is informed of the substance of the offence, and it is not necessary that this be done in language of a precise or technical nature.
(3)  Subsection (1) does not apply to the arrest of the other person if—
	(a)	the other person should, in the circumstances, know the substance of the offence for which he or she is being arrested; or
	(b)	the other person’s actions make it impracticable for the person making the arrest to inform the other person of the offence for which he or she is being arrested.
Power to conduct frisk search of arrested person
349ZH.  A police officer who arrests a person for an offence, or who is present at such an arrest, may, if the police officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items—
	(a)	conduct a frisk search of the person at or soon after the time of arrest; and
	(b)	seize any seizable items found as a result of the search.
Power to conduct ordinary search of arrested person
349ZJ.  A police officer who arrests a person for an offence, or who is present at such an arrest, may, if the police officer suspects on reasonable grounds that the person is carrying—
	(a)	evidential material in relation to that or another offence; or
	(b)	a seizable item;
conduct an ordinary search of the person at or soon after the time of arrest, and seize any such thing found as a result of the search.
Power to conduct search of arrested person’s premises
349ZK.  A police officer who arrests a person at premises for an offence, or who is present at such an arrest, may seize things in plain view at those premises that the police officer believes on reasonable grounds to be—
	(a)	evidential material in relation to any offence; or
	(b)	seizable items.
Power to conduct ordinary search 
349ZL.  (1)  Where—
	(a)	a person has been brought to a police station following arrest for an offence; and
	(b)	an ordinary search of the person has not been conducted;
a police officer may conduct an ordinary search of the person.
(2)  Where—
	(a)	a person is in lawful custody following arrest for an offence; and
	(b)	a police officer suspects on reasonable grounds that the person is carrying—
	(i)	evidential material in relation to that or another offence; or
	(ii)	a seizable item;
the police officer may conduct an ordinary search of the person.
(3)  Where a person arrested for an offence is searched under this section and as a result of the search is found to be carrying—
	(a)	evidential material in relation to that or another offence; or
	(b)	a seizable item;
the police officer conducting the search may seize that thing.
Power to conduct strip search
349ZM.  (1)  Subject to this section, if a person arrested for an offence is brought to a police station, a police officer may conduct a strip search of the person.
(2)  A strip search may be conducted if—
	(a)	a police officer suspects on reasonable grounds that the person has in his or her possession—
	(i)	evidential material in relation to that or another offence; or
	(ii)	a seizable item; or
	(b)	the police officer suspects on reasonable grounds that a visual inspection of the person’s body will provide evidence of the person’s involvement in an offence;
and—
	(c)	the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that thing or to discover that evidence; and
	(d)	a police officer of the rank of superintendent or higher has approved the conduct of the search.
(3)  Subject to section 349ZN, a strip search may also be conducted if the person consents in writing.
(4)  Subject to section 349ZN, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.
(5) The approval may be obtained by telephone, telex, facsimile or other electronic means.
(6) A police officer who gives or refuses to give an approval for the purposes of paragraph (2) (d) shall make a record of the decision and of the reasons for the decision.
(7)  Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).
(8)  Any item of a kind referred to in paragraph (2) (a) that is found during a strip search may be seized.
Rules for conduct of strip search
349ZN.  (1)  A strip search—
	(a)	shall be conducted in a private area;
	(b)	subject to subsection (6), shall be conducted by a police officer who is of the same sex as the person being searched;
	(c)	subject to subsections (3) and (4), shall not be conducted in the presence or view of a person who is of the opposite sex to the person being searched;
	(d)	shall not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search;
	(e)	shall not be conducted on a person who is under 10;
	(f)	if the person being searched is at least 10 but under 18, or is incapable of managing his or her affairs;
	(i)	may only be conducted if the person has been arrested and charged or if a court orders that it be conducted; and
	(ii)	shall be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a police officer) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person;
	(g)	shall not involve a search of a person’s body cavities;
	(h)	shall not involve the removal of more garments than the police officer conducting the search believes on reasonable grounds to be  necessary to determine whether the person has in his or her possession the item searched for or to establish the person’s involvement in the offence; and
	(i)	shall not involve more visual inspection than the police officer believes on reasonable grounds to be necessary to establish the person’s involvement in the offence.
(2)  In deciding whether to make an order referred to in paragraph (1) (f), the court shall have regard to—
	(a)	the seriousness of the offence;
	(b)	the age or any disability of the person; and
	(c)	such other matters as the court thinks fit.
(3)  A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if a medical practitioner of the same sex as the person being searched is not available within a reasonable time.
(4)  Paragraph (1) (c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.
(5) If any of a person’s garments are seized as a result of a strip search, the person shall be provided with adequate clothing.
(6) Where a strip search of a person is to be conducted and no police officer of the same sex as that person is available to conduct the search, any other person—
	(a)	of the same sex as the person to be searched; and
	(b)	who has been requested to conduct the search by a police officer;
may conduct the search.
(7)  No action or proceeding, civil or criminal, lies against a person who conducts a strip search in pursuance of a request under subsection (6) in respect of a strip search that would have been lawful if conducted by a police officer. 
Taking fingerprints, recordings, samples of handwriting or photographs
349ZP.  (1)  In this section and in sections 349ZQ and 349ZR—
“identification material”, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V of the Commonwealth Crimes Act.
(2)  A police officer shall not—
	(a)	take identification material from a person who is in lawful custody in respect of an offence except in accordance with this section; or
	(b)	require any other person to submit to the taking of identification material, but nothing in this paragraph prevents such a person consenting to the taking of identification material.
(3)  If a person is in lawful custody in respect of an offence, a police officer who is of the rank of sergeant or higher or who is for the time being in charge of a police station may take identification material from the person, or cause identification material from the person to be taken, if—
	(a)	the person consents in writing;
	(b)	the police officer believes on reasonable grounds that it is necessary to do so to—
	(i)	establish who the person is; 
	(ii)	identify the person as the person who committed the offence; or
	(iii)	provide evidence of, or relating to, the offence; or
	(c)	the police officer suspects on reasonable grounds that the person has committed another offence and the identification material is to be taken for the purpose of identifying the person as the person who committed the other offence or of providing evidence of, or relating to, the other offence.
(4)  A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.
(5)  Subject to this section, a police officer shall not take identification material from a suspect who—
	(a)	is incapable of managing his or her affairs; and
	(b)	has not been arrested and charged;
unless a court orders that the material be taken.
(6)  In deciding whether to make such an order, the court shall have regard to—
	(a)	the seriousness of the offence;
	(b)	the age or any disability of the person; and
	(c)	such other matters as the court thinks fit.
(7)  The taking of identification material from a person who is incapable of managing his or her affairs shall be done in the presence of—
	(a)	a parent or guardian of the person; or
	(b)	if the parent or guardian of the person is not acceptable to the person, another person (other than a police officer) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.
(8)  Despite this section, identification material may be taken from a person who—
	(a)	is not a suspect; and
	(b)	is incapable of managing his or her affairs;
if a court orders that the material be taken.
(9)  In deciding whether to make such an order, the court shall have regard to the matters set out in subsection (6).
(10)  Despite this section, identification material may be taken from a person who—
	(a)	is at least 18;
	(b)	is capable of managing his or her affairs; and
	(c)	is not a suspect;
if the person consents in writing.
(11)  A police officer may only take identification material from a person under 18 in accordance with section 36 of the Children’s Services Act 1986.
Destruction of identification material
349ZQ.  (1)  If—
	(a)	identification material is taken under section 349ZP;
	(b)	a period of 12 months has elapsed since the material was taken; and
	(c)	proceedings in respect of an offence to which the identification material relates have not been instituted or have been discontinued;
the material shall be destroyed as soon as practicable.
(2)  If identification material has been taken from a person under section 349ZP and—
	(a)	the person is found to have committed an offence to which the identification material relates, but no conviction is recorded; or
	(b)	the person is acquitted of such an offence and—
	(i)	no appeal is lodged against the acquittal; or
	(ii)	an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;
the identification material shall be destroyed as soon as practicable, unless an investigation or proceedings in relation to another offence to which the identification material relates is pending.
(3)  On application by a police officer, a Magistrate may, if satisfied that there are special reasons for doing so in relation to particular identification material, extend—
	(a)	the period of 12 months referred to in subsection (1); or 
	(b)	that period as previously extended under this subsection.
Offence of refusing to allow identification material to be taken
349ZR.  (1)  If a person is convicted of an offence, the Judge or Magistrate presiding at the proceedings at which the person was convicted may order—
	(a)	the person to attend a police station; or
	(b)	that a police officer be permitted to attend on the person in a place of detention;
within 1 month after the conviction to allow impressions of the person’s fingerprints or a photograph of the person to be taken in accordance with the order.
(2) A person shall not, without reasonable excuse, refuse or fail to allow impressions or a photograph to be taken pursuant to an order under subsection (1).
Penalty:  $10, 000 or imprisonment for 12 months, or both.
Identification parades—general
349ZS.  (1)  This section applies to identification parades held in relation to offences.
(2)  Subject to subsection (3) and to section 349ZT, an identification parade—
	(a)	may be held if the suspect agrees; or
	(b)	shall be held if—
	(i)	the suspect has requested that an identification parade be held; and
	(ii)	it is reasonable in the circumstances to do so.
(3)  An identification parade shall not be held unless the suspect has been informed that—
	(a)	he or she is entitled to refuse to take part in the parade;
	(b)	if he or she refuses to take part in the parade without reasonable excuse, evidence of that refusal and of any identification of the suspect by a witness as a result of having seen a photograph or of having seen the suspect otherwise than during an identification parade may be given in any subsequent proceedings in relation to an offence; and
	(c)	in addition to any requirement under section 349ZT, a legal representative or other person of the suspect’s choice may be present while the person is deciding whether to take part in the parade, and during the holding of the parade, if arrangements for that person to be present can be made within a reasonable time.
(4)  The giving of the information referred to in subsection (3) shall be recorded by a video recording or an audio recording.
(5)  An identification parade shall be arranged and conducted in a manner that will not unfairly prejudice the suspect.
(6)  Without limiting the intent of subsection (5), an identification parade shall be arranged and conducted in accordance with the following rules:
	(a)	the parade shall consist of at least 9 persons;
	(b)	each of the persons who is not the suspect shall—
	(i)	resemble the suspect in age, height and general appearance; and
	(ii)	not have features that will be visible during the parade that are markedly different from those of the suspect as described by the witness before viewing the parade;
	(c)	unless it is impracticable for another police officer to arrange or conduct the parade, no police officer who has taken part in the investigation relating to the offence may take part in the arrangements for, or the conduct of, the parade;
	(d)	no person in the parade is to be dressed in a way that would obviously distinguish him or her from the other participants;
	(e)	if it is practicable to do so, numbers should be placed next to each participant in order to allow the witness to make an identification by indicating the number of the person identified;
	(f)	the parade may take place so that the witness can view the parade without being seen if the witness requests that it take place in such a manner and—
	(i)	a legal representative or other person of the suspect’s choice is present with the witness; or
	(ii)	the parade is recorded by a video recording;
	(g)	nothing is to be done that suggests or is likely to suggest to a witness which member of the parade is the suspect;
	(h)	if the witness so requests, members of the parade may be required to speak, move or adopt a specified posture but, if this happens, the witness shall be reminded that the members of the parade have been chosen on the basis of physical appearance only;
	(i)	the suspect may select where he or she wishes to stand in the parade;
	(j)	if more than 1 witness is to view the parade—
	(i)	each witness shall view the parade alone;
	(ii)	the witnesses are not to communicate with each other at a time after arrangements for the parade have commenced and before each of them has viewed the parade; and
	(iii)	the suspect may change places in the parade after each viewing;
	(k)	each witness shall be told that—
	(i)	the suspect may not be in the parade; and
	(ii)	if he or she is unable to identify the suspect with reasonable certainty he or she shall say so;
	(l)	the parade shall be recorded by a video recording if it is practicable to do so and, if that is done, a copy of the video recording shall be made available to the suspect or his or her legal representative as soon as it is practicable to do so;
	(m)	if the parade is not recorded by a video recording—
	(i)	the parade shall be photographed in colour;
	(ii)	a print of a photograph of the parade that is at least 250mm X 200mm in size shall be made available to the suspect or his or her legal representative; and
	(iii)	the police officer in charge of the parade shall take all reasonable steps to record everything said and done at the parade and shall make a copy of the record available to the suspect or his or her legal representative;
	(n)	the suspect may have present during the holding of the parade a legal representative or other person of his or her choice if arrangements for that person to be present can be made within a reasonable time.
(7)  The following questions are to be decided according to the common law:
	(a)	whether or not evidence of a suspect having refused to take part in an identification parade is admissible;
	(b)	if evidence of such a refusal is admissible, what inferences (if any) may be drawn by a court or jury from the refusal;
	(c)	whether, after such a refusal, evidence of alternative methods of identification is admissible.
(8)  If a witness is, under the supervision of a police officer, to attempt to identify a suspect otherwise than during an identification parade, the police officer shall ensure that the attempted identification is done in a manner that is fair to the suspect.
Identification parades for suspects under 18 etc.
349ZT.  (1)  An identification parade shall not be held for a suspect who is under 10.
(2)  An identification parade must not be held for a suspect who is incapable of managing his or her affairs unless a court orders that it be held.
(3)  An identification parade must not be held for a suspect who—
	(a)	is at least 10 but under 18; and
	(b)	is capable of managing his or her affairs;
unless 1 of the following paragraphs applies:
	(c)	the suspect agrees to or requests in writing the holding of the parade and a parent or guardian of the suspect agrees in writing to the holding of the parade or, if the parent or guardian is not acceptable to the suspect, another person (other than a police officer) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect agrees in writing to the holding of the parade;
	(d)	if—
	(i)	1 of those persons agrees in writing to the holding of the parade but the other does not; and
	(ii)	a court orders that the parade be held.
(4)  In deciding whether to make an order under subsection (2) or (3), the court shall have regard to—
	(a)	the seriousness of the offence;
	(b)	the age or any disability of the person; and
	(c)	such other matters as the court thinks fit.
(5)  An identification parade for a suspect who is under 18 or who is incapable of managing his or her affairs shall be held in the presence of—
	(a)	a parent or guardian of the suspect; or
	(b)	if the parent or guardian is not acceptable to the suspect, another person (other than a police officer) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect.
Identification by means of photographs
349ZU.  (1)  If a suspect is in custody in respect of an offence or is otherwise available to take part in an identification parade, a police officer investigating the offence shall not show photographs, or composite pictures or pictures of a similar kind, to a witness for the purpose of establishing, or obtaining evidence of, the identity of the suspect unless—
	(a)	the suspect has refused to take part in an identification parade; or
	(b)	the holding of an identification parade would be—
	(i)	unfair to the suspect; or
	(ii)	unreasonable in the circumstances.
(2)  If a police officer investigating an offence shows photographs or pictures to a witness for the purpose of establishing, or obtaining evidence of, the identity of a suspect, whether or not the suspect is in custody, the following rules apply:
	(a)	the police officer shall show to the witness photographs or pictures of at least 9 different persons;
	(b)	each photograph or picture of a person who is not the suspect shall be of a person who—
	(i)	resembles the suspect in age and general appearance; and
	(ii)	does not have features visible in the photograph or picture that are markedly different from those of the suspect as described by the witness before viewing the photographs or pictures;
	(c)	the police officer shall not, in doing so, act unfairly towards the suspect or suggest to the witness that a particular photograph or picture is the photograph or picture of the suspect or of a person who is being sought by the police in respect of an offence;
	(d)	if practicable, the photograph or picture of the suspect shall have been taken or made after he or she was arrested or was considered as a suspect;
	(e)	the witness shall be told that a photograph or picture of the suspect may not be amongst those being seen by the witness;
	(f)	the police officer shall keep, or cause to be kept, a record identifying each photograph or picture that is shown to the witness;
	(g)	the police officer shall notify the suspect or his or her legal representative in writing that a copy of the record is available for the suspect;
	(h)	the police officer shall retain the photographs or pictures shown, and shall allow the suspect or his or her legal representative, upon application, an opportunity to inspect the photographs or pictures.
(3)  If—
	(a)	a photograph or picture of a person who is suspected in relation to the commission of an offence is shown to a witness;
	(b)	the photograph was taken or the picture made after the suspect was arrested or was considered to be a suspect;
	(c)	proceedings in relation to the offence referred to in paragraph (a) or another offence arising out of the same course of conduct for which the photograph was taken or picture made are brought against the suspect before a jury; and
	(d)	the photograph or picture is admitted into evidence;
the jury shall be informed that the photograph was taken or the picture made after the suspect was arrested or was considered as a suspect.
(4)  If a suspect is in custody in respect of an offence, a police officer investigating the offence shall not show a composite picture or a picture of a similar kind to a witness for the purpose of assisting the witness to describe the features of the suspect.
 (5)  If, after a police officer investigating an offence has shown to a witness a composite picture or a picture of a similar kind for the purpose referred to in subsection (4)—
	(a)	a suspect comes into custody in respect of the offence; and
	(b)	an identification parade is to be held in relation to the suspect;
the police officer in charge of the investigation of the offence may, unless doing so would be unfair to the suspect or be unreasonable in the circumstances, request the witness to attend the identification parade and make the necessary arrangements for the witness to attend.
(6)  If, after the witness has been shown a composite picture or a picture of a similar kind for the purpose referred to in subsection (4), a person is charged with the offence, the police officer in charge of investigating the offence shall, upon application by that person or his or her legal representative, provide him or her with particulars of any such picture shown to the witness and the comments (if any) of the witness concerning the picture.
(7)  If a suspect is in custody in respect of an offence and a police officer investigating the offence wishes to investigate the possibility that a person other than the suspect committed the offence, subsection (4) does not prevent a police officer from taking action referred to in that subsection for the purpose of assisting a witness to describe the features of a person other than the suspect.
Identification procedures where there is more than 1 suspect
349ZV.  A police officer shall undertake a separate identification process for each of 2 or more suspects if—
	(a)	the officer is attempting to ascertain—
	(i)	which of the suspects committed an offence; or
	(ii)	if the suspects may have been jointly involved in the offence—the identities of the suspects; and
	(b)	for that purpose, the officer intends to conduct an identification parade or to identify a person by showing a photograph or a picture of a suspect to a person.
Descriptions
349ZW.  (1)  If a description of a suspect is given to a police officer in relation to an offence, the police officer shall ensure that a record of the description is made and that the record is retained until any proceedings in respect of the offence are completed.
(2)  Subject to subsection (4), a police officer shall, if requested to do so by a person who has been charged with an offence, provide the person with the name of every person who, to the knowledge of the police officer, claims to have seen, at or about the time of the commission of the offence, a person who is suspected of being involved in its commission.
(3)  If—
	(a)	a record of a description of a person is made under subsection (1); and
	(b)	the person is charged with an offence to which the description relates;
a police officer must notify the person or his or her legal representative in writing that a copy of the record, and of any other record of a description that the police officer knows about of a person who is suspected of being involved in the commission of the offence, is available for the person.
(4)  If the police officer suspects on reasonable grounds that providing the name of a person under subsection (2) could—
	(a)	place the person in danger; or
	(b)	expose the person to harassment or unreasonable interference;
the police officer is not required to provide the name of the person.
Examination
349ZX.  (1)  In this section—
“examination” means an examination of the body of the person charged and includes the taking of samples of the person’s blood, saliva or hair.
(2)  An examination of a person under this section may be conducted where—
	(a)	the person consents; or
	(b)	an order is made under subsection (3).
(3)  Where a person (in this section called the “person charged”) is in lawful custody upon a charge of committing an offence and a Magistrate is satisfied, on the balance of probabilities, that the offence—
	(a)	is of such a nature; and
	(b)	has been committed under such circumstances;
that there are reasonable grounds for believing that an examination of the person charged will afford evidence as to the commission of the offence, the Magistrate may order such an examination.
(4)  If the person charged is not present at the time that the order is made, a copy of the order shall be given to the person.
(5)  Where an order is made under subsection (3) or a person charged consents to an examination, a police officer may request a medical practitioner to carry out the examination and, if the medical practitioner agrees to carry it out, shall give the medical practitioner a copy of the order.
(6)  A medical practitioner carrying out an examination may be assisted by 1 or more persons acting under the direction of the medical practitioner.
(7)  An examination of the person charged—
	(a)	shall be carried out in circumstances affording reasonable privacy to the person;
	(b)	in the case of an examination which includes the external examination of the genital or anal area, the buttocks, or, in the case of a female, the breasts—shall not be carried out in the presence or in view of a person of the opposite sex to the person being examined;
	(c)	shall not be carried out in the presence or view of a person whose presence is not necessary for the purposes of the examination;
	(d)	shall not involve the removal of more clothing than is necessary for carrying out the examination; and
	(e)	shall not involve more visual inspection than is necessary for carrying out the examination.
(8)  Subsection (7) does not prevent an examination being carried out by a medical practitioner of the opposite sex to the person being examined.
(9)  A medical practitioner carrying out an examination under this section, an assistant of the medical practitioner or a police officer, may use reasonable force to enable the examination to be carried out including the prevention of loss, destruction or contamination of a sample.
(10)  Samples taken from a person charged with an offence shall be destroyed as soon as practicable after the conclusion of the proceedings relating to the offence and the exhaustion of any right of appeal.
(11)  No action or proceeding, civil or criminal, lies against—
	(a)	a person who conducts, or assists in conducting, an examination under this section (including such a person who uses reasonable force as provided in subsection (9)); or
	(b)	a police officer who uses reasonable force as provided in that subsection.
 (12)  This section does not apply to a person to whom section 36 of the Children’s Services Act 1986 applies.
Division 5—General
Assisting officers—search and arrest of persons
349ZY.  An assisting officer who is not a police officer is not authorised by this Part to assist in searching or arresting a person.
Conduct of ordinary searches and frisk searches
349ZZ.  An ordinary search or a frisk search of a person under this Part shall, if practicable, be conducted by a person of the same sex as the person being searched.
Announcement before entry
349ZZA.  (1)  Subject to subsection (3), a police officer shall, before any person enters premises under a warrant or to arrest a person—
	(a)	announce that he or she is authorised to enter the premises; and
	(b)	give any person at the premises an opportunity to allow entry to the premises.
(2)  A police officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure—
	(a)	the safety of a person (including a police officer); or
	(b)	that the effective execution of the warrant or the arrest is not frustrated.
(3)  This section does not apply to an entry made under section 349C.
Offence of making false statements in warrants
349ZZB.  A person shall not make, in an application for a warrant, a statement that the person knows to be false or misleading in a material particular.
Penalty:  Imprisonment for 2 years.
Offences relating to telephone warrants
349ZZC.  A person shall not—
	(a)	state in a document that purports to be a form of warrant under section 349R the name of an issuing officer unless that officer issued the warrant;
	(b)	state on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the issuing officer;
	(c)	purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows—
	(i)	has not been approved by an issuing officer under that section; or
	(ii)	to depart in a material particular from the terms authorised by an issuing officer under that section; or
	(d)	give to an issuing officer a form of warrant under that section that is not the form of warrant that the person purported to execute.
Penalty:  Imprisonment for 2 years.
Retention of things which are seized
349ZZD.  (1)  Subject to any contrary order of a court, if a police officer seizes a thing under Division 2, 3 or 4, the police officer shall return it if—
	(a)	the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
	(b)	if the thing was seized under section 349T—
	(i)	the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
	(ii)	the period of 60 days after its seizure ends;
whichever first occurs;
unless the thing is forfeited or forfeitable to the Territory or is the subject of a dispute as to ownership.
(2)  If a thing is seized under section 349T, at the end of the 60 days specified in subsection (1) the police officer shall take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it unless—
	(a)	proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings);
	(b)	the police officer may retain the thing because of an order under section 349ZZE; or
	(c)	the police officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of the Territory) to retain, destroy or dispose of the thing.
Magistrates Court may permit a thing to be retained
349ZZE.  (1)  If a thing is seized under section 349T, and—
	(a)	before the end of 60 days after the seizure; or
	(b)	before the end of a period previously specified in an order of a court under this section;
proceedings in respect of which the thing may afford evidence have not commenced, the police officer may apply to the Magistrates Court for an order that he or she may retain the thing for a further period.
(2)  If the court is satisfied that it is necessary for the police officer to continue to retain the thing—
	(a)	for the purposes of an investigation as to whether an offence has been committed; or
	(b)	to enable evidence of an offence to be secured for the purposes of a prosecution;
the court may order that the police officer may retain the thing for a period specified in the order.
(3)  Before making the application, the police officer shall—
	(a)	take reasonable steps to discover who has an interest in the retention of the thing; and
	(b)	if it is practicable to do so, notify each person who the police officer believes to have such an interest of the proposed application.
Law relating to legal professional privilege not affected
349ZZF.  This Part does not affect the law relating to legal professional privilege.
Laws relating to taking forensic samples not affected
349ZZG.  Nothing in this Part is intended to limit or exclude the operation of a law of the Territory relating to the taking of forensic samples (excluding identification material as defined in section 349ZP).
Seizure of forfeited articles
350.  (1)  A member of the police force may, without warrant, seize any article which is forfeited, or which he or she 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 subsection (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 subsection (2) in relation to the article until the prosecution is determined.
(4)  All articles condemned under subsection (2) as forfeited shall be transferred to the Public Trustee to be dealt with under section 350A.
Forfeited articles to be dealt with by Public Trustee
350A.  Where articles are transferred to the Public Trustee under subsection 350 (4), the Public Trustee shall, subject to any direction by the Minister given in a particular case—
	(a)	sell or otherwise dispose of the articles;
	(b)	apply the proceeds of the sale or disposition in payment of the Public Trustee’s remuneration and other costs, charges and expenses of the kind referred to in section 350B payable to or incurred by him or her in connection with the sale or disposition; and
	(c)	pay the remainder of those proceeds to the Trust Fund as required by section 34 of the Proceeds of Crime Act 1991.
Costs etc. payable to Public Trustee
350B.  (1)  The regulations may make provision in relation to—
	(a)	the costs, charges and expenses incurred in connection with; and
	(b)	the Public Trustee’s remuneration in respect of;
the performance or exercise by the Public Trustee of functions, duties or powers under section 350.
(2)  Where there are no regulations in relation to a matter referred to in subsection (1)—
	(a)	the regulations referred to in section 59 of the Proceeds of Crime Act 1991 apply, so far as they are applicable, and with appropriate changes, in relation to the matter; and
	(b)	a reference in subsection (1) to regulations shall be taken to be a reference to the regulations referred to in section 59 of the Proceeds of Crime Act 1991.
Provision of interpreters in the investigation of summary offences
354.  (1)  Sections 23A, 23B and 23N and sections 23S to 23W (inclusive) of the Commonwealth Crimes Act, and the Schedule to that Act, apply to summary offences in the same way as they apply to indictable offences, subject to this section.
(2)  The applied provisions apply only in relation to—
	(a)	the provision of interpreters in the course of the questioning of persons about summary offences; and
	(b)	tape recordings of the questioning of persons about summary offences where an interpreter is present during the questioning.    
(3)  Subsections 23B (4) and (5) and 23V (3) of the Commonwealth Crimes Act do not apply to summary offences.
(4)  The applied provisions do not apply to an offence—
	(a)	against the Motor Traffic (Alcohol and Drugs) Act 1977; or
	(b)	to which section 180A of the Motor Traffic Act 1936 applies, where the police officer questioning the relevant person—
	(i)	intends to issue a traffic infringement notice under that section in relation to the offence; or
	(ii)	intends to take no further action against the person in relation to the offence. 
(5)  In this section—
“applied provisions” means the provisions of the Commonwealth Crimes Act referred to in subsection (1).
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 or she may in his or her 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 or her from custody in respect of the offence mentioned in such warrant, and, if such gaoler neglects so to do, he or she 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 Form No. 1 in the Third Schedule, and the warrant in Form No. 2 in that 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 that Schedule.
Part XA—Investigation of extra-territorial offences
Interpretation
358A.  (1)  In this Part, 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 Part authorising a search of premises;
“telephone” includes any telecommunication device.
(2)  For the purposes of this Part:
	(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 or her name and of his or her 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 or she 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 or she shall inform the applicant of the facts on which he or she 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 or she 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 authorises any police officer, with such assistants as he or she 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 authorising 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 or her, 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 or she 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 subsection (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 or her 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 or her 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 or her, 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 Part 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 Part 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 subsection (1) is entitled to the return of the object.
(3)  The right conferred by subsection (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 etc.
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 or her 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 or she “answer over” to the charge. 
Traversing indictment
364.  (1)  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: 
(2)  Where the Judge is of opinion that the accused ought to be allowed time, either to prepare for his or her defence, or otherwise, such Judge shall postpone the trial upon such terms as to him or her 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 or her defence by reason of being charged with more than 1 offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for 1 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 variation of bail arrangements 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 undertakings on postponement
369.  In all cases where the trial is postponed the Court may respite the undertakings of the prosecutor and witnesses requiring them severally to appear and prosecute, 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 3, committed against the same person if no more than 6 months have elapsed between the first and last of those offences.
Accessories may be charged together in 1 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 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 1 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 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.  (1)  In an indictment for conspiracy it shall not be necessary to state any overt act, and each defendant in any case of conspiracy, whether 2 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 1 only, or as having conspired with 1 other named person only, and may be convicted on such count upon proof of his or her having unlawfully conspired for the purpose alleged with any 1 such person. 
 (2)  No more than 3 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 or her election as to the one on which he or she will proceed. 
Arraignment etc. on charge of previous conviction
394.  (1)  No person shall be arraigned, in respect of any previous conviction charged in any indictment, unless he or she is convicted of the subsequent offence charged therein. 
 (2)  Upon such conviction he or she 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 “not guilty,” he or she shall, without further form, be deemed to have put himself or herself upon the country for trial, and the Court shall, in the usual manner, order a jury for his or her 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 or she had actually pleaded the same.
Plea of autrefois convict etc.
399.  In any plea of autrefois convict, or of autrefois acquit, it shall be sufficient for the accused to allege that he or she 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 or her 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 or her 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 or her trial to inspect, without fee or reward, all depositions taken against him or her and returned into, or which shall be in, the Court before which he or she 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 subsection (1) shall, for all purposes, have the same effect as a verdict of acquittal returned by a 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 subsections (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 or her under section 405 that he or she 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 or she 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 subsection (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 or she gives the notice, any information in his or her 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 or her 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 or her 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 or she 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 or her, 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 etc.
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 or her 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 or she 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 but 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 or she 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 or she is guilty, but are satisfied that he or she is guilty of an attempt to commit, or of an assault with intent to commit, the same, they may acquit him or her of the offence charged, and find him or her guilty of such attempt, or assault, and he or she 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 1 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 1 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 or her, the Court shall, on the application of his or her 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 admit the person to bail in accordance with the provisions of the Bail Act 1992 or commit him or her to prison.
(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.
part xia—unfitness to plead, mental illness and mental dysfunction
Division 1—Preliminary
Application
428A.  (1)  This Part ceases to have effect—
	(a)	if the operation of the Part is not extended—at the expiration of the period of 2 years from the commencement date; or
	(b)	if the operation of the Part is extended—at the expiration of the period of 4 years from the commencement date.
(2)  For the purposes of subsection (1), the Minister may, at any time before the expiration of the period of 2 years from the commencement date, extend the operation of this Part by notice published in the Gazette.
(3)  A notice under subsection (2) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
(4)  In this section—
“commencement date” means the date on which section 428B commences.
Interpretation
428B.  In this Part, unless the contrary intention appears—
“Court” means the Supreme Court;
“mental dysfunction” means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion;
“mental health order” means a mental health order under the Mental Health (Treatment and Care) Act 1994;
“serious offence” means—
	(a)	an indictable offence involving actual or threatened violence; or
	(b)	an offence against subsection 27 (3) or (4);
“special hearing” means a hearing conducted in accordance with section 428I;
“Tribunal” means the Mental Health Tribunal established under the Mental Health (Treatment and Care) Act 1994.
Limit on detention
428C.  Nothing in this Part permits the Supreme Court or the Magistrates Court to order that an accused be detained for a period greater than the maximum period of imprisonment to which the accused, if convicted of the relevant offence in normal criminal proceedings, could have been sentenced. 
Criteria for detention
428D.  For the purposes of this Part, other than Division 5, in making a decision which could include an order for detention, the Supreme Court or the Magistrates Court shall consider the following criteria:
	(a)	the nature and extent of the accused’s mental dysfunction, including the effect it is likely to have on the person’s behaviour in the future;
	(b)	whether or not, if released—
	(i)	the accused’s health and safety is likely to be substantially impaired; or 
	(ii)	the accused is likely to be a danger to the community;
	(c)	the nature and circumstances of the offence with which the accused is charged;
	(d)	the principle that a person should not be detained in prison unless no other reasonable option is available;
	(e)	any recommendation made by the Tribunal as to how the accused should be dealt with.
Division 2—Unfitness to plead
Referral to Tribunal
428E.  (1)  Where, on the trial of a person charged with an indictable offence—
	(a)	the issue of fitness to plead to the charge is raised by a party to the proceedings or by the Court; and
	(b)	the Court is satisfied that there is a question as to the person’s fitness to plead to the charge;
the Court shall order the person to submit to the jurisdiction of the Tribunal to enable the Tribunal to determine whether or not the person is fit to plead to the charge.
(2)  Where the Court makes an order under subsection (1), it shall adjourn the proceedings to which the order relates and shall make such orders as it considers appropriate, including the granting of bail to the person who is the subject of the order.
Person found fit to plead
428F.  Where the Tribunal notifies the Court that it has determined that a person who is the subject of an order under subsection 428E (1) is fit to plead to a charge—
	(a)	the proceedings brought against the person in respect of the offence charged shall continue in accordance with ordinary criminal procedures; or
	(b)	if the Court considers it appropriate—
	(i)	the Court shall discharge the jury originally empanelled for the proceedings and empanel a new jury; and
	(ii)	the proceedings shall recommence in accordance with ordinary criminal procedures.
Temporary unfitness to plead—non-serious offences
428G.  (1)  This section applies where—
	(a)	an accused is charged with an offence other than a serious offence;
	(b)	the Court has made an order under subsection 428E (1) in relation to the accused; and
	(c)	the Tribunal notifies the Court that it has determined that the accused is unfit to plead to a charge but is likely to become fit within 12 months after the determination.
(2)  Where this section applies, the Court shall—
	(a)	discharge the jury;
	(b)	make such orders as it considers appropriate in relation to the accused; and
	(c)	adjourn the proceedings.
(3)  The orders the Court may make under paragraph (2) (b) include the following:
	(a)	an order requiring the accused to be detained in custody;
	(b)	an order requiring the accused to submit to the jurisdiction of the Tribunal to enable the Tribunal to make a mental health order.
Temporary unfitness to plead—serious offences
428H.  (1)  This section applies where—
	(a)	an accused is charged with a serious offence;
	(b)	the Court has made an order under subsection 428E (1) in relation to the accused; and
	(c)	the Tribunal notifies the Court that it has determined that the accused is unfit to plead to the charge but is likely to become fit within 12 months after the determination.
(2)  Where this section applies, the Court shall—
	(a)	discharge the jury;
	(b)	order that the accused be detained in custody or released on bail; and
	(c)	adjourn the proceedings.
Special hearings
428I.  (1)  The Court shall conduct a special hearing in relation to an accused who is the subject of an order under subsection 428E (1), where the Tribunal notifies the Court that—
	(a)	it has determined that the accused is unfit to plead to a charge and is unlikely to become fit within 12 months after the determination; or
	(b)	having determined that the accused was unfit to plead to a charge but was likely to become fit within 12 months after the determination, it has determined that, the period of 12 months having elapsed, the accused remains unfit to plead.
(2)  Where paragraph (1) (a) applies, the Court shall discharge the jury originally empanelled for the trial.
Nature and conduct of a special hearing
428J.  (1)  Subject to this section, the Court shall conduct a special hearing as nearly as possible as if it were an ordinary criminal proceeding.
(2)  A special hearing shall be a trial by jury.
(3)  Unless the Court otherwise orders, the accused shall have legal representation at a special hearing.
(4)  A determination by the Tribunal that the accused is unfit to plead to the charge is not to be taken to be an impediment to his or her being represented at a special hearing.
(5)  At a special hearing, the accused is to be taken to have pleaded not guilty in respect of the offence charged.
(6)  At the commencement of a special hearing, the Court shall explain to the jury—
	(a)	the meaning of unfitness to plead;
	(b)	that the accused is unfit to plead to the charge in accordance with ordinary criminal procedures;
	(c)	that the purpose of the special hearing is to ensure that, despite the unfitness of the accused to plead in accordance with ordinary criminal procedures, the accused should be acquitted unless it can be proved beyond reasonable doubt that, on the evidence available, the accused committed the acts which constitute the offence;
	(d)	the actions that are available to the jury under section 428K; and
	(e)	the legal and practical consequences of those actions.
Verdicts available at special hearings
428K.  (1)  At a special hearing the jury shall, if satisfied beyond reasonable doubt that the accused committed the acts which constitute the offence charged, advise the Court accordingly.
(2)  If the jury is not satisfied in accordance with subsection (1)—
	(a)	the jury shall return a verdict of not guilty in respect of the offence charged; and
	(b)	the accused shall be dealt with as though the jury had returned that verdict at an ordinary trial.
(3)  An advice under subsection (1)—
	(a)	does not constitute a basis in law for the recording of any conviction for the offence charged; and
	(b)	constitutes a bar to further prosecution of the accused for any offence in respect of the acts which were alleged to constitute the offence charged.
Non-acquittal at special hearing—non-serious offences
428L.  (1)  This section applies where—
	(a)	an accused is charged with an offence other than a serious offence; and
	(b)	at a special hearing, the jury advises the Court under subsection 428K (1).
(2)  Where this section applies, the Court may make such orders as it considers appropriate, including the following:
	(a)	that the accused be detained in custody until the Tribunal orders otherwise;
	(b)	that the accused submit to the jurisdiction of the Tribunal to enable the Tribunal to make a mental health order.
Non-acquittal at special hearing—serious offences
428M.  (1)  This section applies where—
	(a)	an accused is charged with a serious offence; and
	(b)	at a special hearing, the jury advises the Court under subsection 428K (1).
(2)  Where this section applies, the Court shall order that the accused be detained in custody until the Tribunal orders otherwise unless, in consideration of the criteria for detention in section 428D, it is satisfied that it is more appropriate to order that the accused submit to the jurisdiction of the Tribunal to enable the Tribunal to make a mental health order.
(3)  Where the Court is satisfied under subsection (2), it shall make an order accordingly.
Division 3—Acquittal on grounds of mental illness
Acquittal on grounds of mental illness
428N.  (1)  An accused is entitled to be acquitted of an indictable offence on the grounds of mental illness if it is established on the balance of probabilities that, at the time of the alleged offence, the accused was, as a result of mental dysfunction—
	(a)	incapable of knowing what he or she was doing; or 
	(b)	incapable of understanding that what he or she was doing was wrong.
(2)  The onus of establishing that an accused is entitled to be acquitted on the ground of mental illness lies on the party seeking such acquittal.
(3)  Evidence adduced by the prosecution to establish that an accused is entitled to be acquitted on the grounds of mental illness is inadmissible except with the leave of the Court.
Plea of not guilty by reason of mental illness
428O.  Where an accused pleads not guilty by reason of mental illness, the Court shall enter a verdict of not guilty on that ground with respect to the offence charged if—
	(a)	the Court considers the verdict appropriate; and
	(b)	the prosecution agrees to the entering of the verdict.
Explanation to jury
428P.  If, on the trial of an accused charged with an indictable offence, evidence is adduced which tends to establish that the accused is entitled to be acquitted on the grounds of mental illness, the Court shall explain to the jury the verdicts which may be returned at the trial and the legal and practical consequences of those verdicts.
Court orders following acquittal—non-serious offences
428Q.  (1)  Where an accused has been charged with an indictable offence other than a serious offence and is acquitted on the grounds of mental illness, the Court may—
	(a)	make an order requiring the accused to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations as to how he or she should be dealt with; or 
	(b)	make such other orders as it considers appropriate.
(2)  Where—
	(a)	the Court makes an order under paragraph (1) (a); and 
	(b)	the Tribunal notifies the Court of its recommendations;
the Court shall, in consideration of the Tribunal’s recommendations, make such further orders as it considers appropriate.
(3)  The orders the Court may make under subsections (1) and (2) include the following:
	(a)	that the accused be detained in custody until the Tribunal orders otherwise;
	(b)	that the accused submit to the jurisdiction of the Tribunal to enable the Tribunal to make a mental health order.
Court orders following acquittal—serious offences
428R.  (1)  Where an accused is charged with a serious offence and is acquitted on the grounds of mental illness, the Court shall order that the accused be detained in custody until the Tribunal orders otherwise unless, in consideration of the criteria for detention in section 428D, it is satisfied that it is more appropriate to order that the accused submit to the jurisdiction of the Tribunal to enable the Tribunal to make a mental health order.
(2)  Where the Court is satisfied under subsection (2), it shall make an order accordingly.
Division 4—Referral of mentally dysfunctional persons to Tribunal following conviction
Application
428S.  This Division applies where—
	(a)	a person has been convicted of an offence in the Supreme Court or Magistrates Court; and
	(b)	that Court is satisfied that the convicted person is mentally dysfunctional.
Referral to Tribunal
428T.  (1)  Where this Division applies, the relevant court may, before sentencing the convicted person, order him or her to submit to the jurisdiction of the Tribunal to enable the Tribunal—
	(a)	to determine whether or not the person is mentally dysfunctional; and
	(b)	if the Tribunal determines that the person is mentally dysfunctional—to make recommendations as to how the person should be dealt with.
(2)  If the Tribunal notifies the relevant court that a convicted person is mentally dysfunctional, the court shall, in consideration of the Tribunal’s recommendations, make such order as it considers appropriate.
(3)  The orders that the court may make under subsection (2) include an order that the person submit to the jurisdiction of the Tribunal to enable the Tribunal to make a mental health order.
Division 5—Summary proceedings against mentally dysfunctional persons
Application
428U.  This Division applies to criminal proceedings (not including committal proceedings) with respect to—
	(a)	summary offences; and
	(b)	indictable offences that may be heard and determined summarily.
Indictable offences heard and determined summarily
428V.  Proceedings to which this Division applies with respect to an indictable offence shall be heard and determined summarily if—
	(a)	the Magistrates Court is satisfied that the accused is unable, by reason of mental dysfunction, to elect to have the case heard summarily; and
	(b)	the prosecution agrees to the offence being heard and determined summarily.
Powers of Magistrates Court
428W.  (1)  This section applies where, in proceedings to which this Division applies before the Magistrates Court, that Court is satisfied that—
	(a)	the accused is mentally dysfunctional; and
	(b)	on an outline of the facts to be alleged in the proceedings, or such other evidence as the Magistrates Court considers relevant—it would be appropriate to deal with the person under this Division.
(2)  Where this section applies, the Magistrates Court may by order—
	(a)	dismiss the charge and require the accused to submit to the jurisdiction of the Tribunal to enable the Tribunal to make a mental health order; or
	(b)	dismiss the charge unconditionally.
(3)  Where the Magistrates Court makes an order under paragraph (2) (a), the order operates as a stay of proceedings, or of further proceedings, against the accused in relation to the offence.
(4)  Where the Magistrates Court makes an order under subsection (2), that Court shall not make an order under section 437, 556A or 556B or Part XVA in relation to the offence.
(5)  An order under subsection (2) does not constitute a finding that an offence has or has not been committed. 
 (6)  In proceedings to which this section applies, in order to determine whether an accused is mentally dysfunctional, the Magistrates Court may make such orders as it considers appropriate, including the following:
	(a)	that the accused submit to the jurisdiction of the Tribunal;
	(b)	that the proceedings be adjourned;
	(c)	that the person be released on bail.
Means by which Magistrates Court may be informed
428X.  For the purposes of this Division, the Magistrates Court may inform itself as it thinks fit, but not so as to require the accused to incriminate himself or herself.
PART XII
SENTENCES
Division 1—General principles and procedures
Interpretation
428Y.  In this Part—
“victim”, in relation to an offence, means—
	(a)	a person (in this definition called the “primary victim”) who suffers harm—
	(i)	in the course of, or as the result of, the commission of the offence; or
	(ii)	in the course of assisting a police officer in the exercise of the officer’s power to arrest a person in respect of the commission of the offence or to take action to prevent the commission of the offence; or
	(b)	where a primary victim dies as a result of the commission of the offence—any person who was financially or psychologically dependent on the primary victim immediately before his or her death.
Sentencing to be just and appropriate
429.  (1)  The sentence imposed by a court for an offence shall be just and appropriate.
(2)  Without limiting the generality of subsection (1), the sentence shall, as far as practicable, be such as to—
	(a)	facilitate the offender’s rehabilitation into society; and
	(b)	encourage the offender to make appropriate reparation to any victim of the offence.
Matters to which court to have regard
429A.  (1)  In determining the sentence to be imposed on a person, the matters to which a court shall have regard include, but are not limited to, such of the following matters as are relevant and known to the court:
	(a)	the nature and circumstances of the offence;
	(b)	other offences (if any) that are required or permitted to be taken into account;
	(c)	if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—that course of conduct;
	(d)	where the personal circumstances of any victim of the offence were known to the offender at the time of committing the offence—those circumstances;
	(e)	any injury, loss or damage resulting from the offence;
	(f)	any action the person may have taken to make reparation for any injury, loss or damage resulting from the offence;
	(g)	the degree of responsibility of the person for the commission of the offence;
	(h)	the degree to which the person has cooperated, or undertaken to cooperate, with law enforcement agencies in the investigation of the offence or other offences;
	(i)	the deterrent effect that any sentence or order under consideration may have on any person;
	(j)	the need to ensure that the person is adequately punished for the offence;
	(k)	the cultural background, character, antecedents, age, means and physical or mental condition of the person;
	(l)	the prospect of rehabilitation of the person;
	(m)	the probable effect that any sentence or order under consideration would have on any of the person’s family or dependants;
	(n)	whether the person was affected by a drug or alcohol and the circumstances in which the person became so affected;
	(o)	the degree to which the offence was the result of provocation, duress or entrapment;
	(p)	whether the recording of a conviction or the imposition of a particular sanction would be likely to cause particular hardship to the person;
	(q)	a jury recommendation for mercy;
	(r)	whether the person is voluntarily seeking treatment for any physical or mental condition which may have contributed to the commission of the offence;
	(s)	whether the person was in a position of trust or authority at the time of the commission of the offence;
	(t)	current sentencing practice;
	(u)	whether the person has pleaded guilty;
	(v)	whether the person has demonstrated remorse;
	(w)	the reason or reasons why the person committed the offence.
(2)  Without limiting the generality of subsection (1), in determining whether a sentence or order under subsection 556A (1) or 556B (1) is appropriate in respect of an offence against a law of the Territory, the court shall have regard to the nature and severity of the conditions that may be imposed on, or may apply to, the person, under that sentence or order.
Victim impact statements
429AB.  (1)  A court determining the sentence to be imposed in respect of an offence—
	(a)	shall have regard to any victim impact statement tendered in respect of the offence; and
	(b)	shall not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not tendered in respect of the offence.
(2)  The prosecutor shall not tender a victim impact statement to the court unless—
	(a)	the victim has consented in writing; and
	(b)	a copy of the statement has been given to the defence.
(3)  The defence may cross-examine the victim about the contents of a victim impact statement.
(4)  In this section—
“court” means the Supreme Court or the Magistrates Court;
“defence” means—
	(a)	the legal practitioner representing the offender; or
	(b)	if the offender is not so represented—the offender;
“harm” includes—
	(a)	physical injury;
	(b)	mental injury or emotional suffering (including grief);
	(c)	pregnancy;
	(d)	economic loss; and
	(e)	substantial impairment of rights accorded by law;
“offence” means an indictable offence for which the maximum penalty is a term of imprisonment for a term of at least 5 years (whether or not any other penalty, including a fine, may be imposed);
“victim impact statement” means a statement, signed by a victim, containing particulars of any harm suffered by the victim as a result of an offence.
Matters not to be taken into account
429B.  The court shall not, in determining the sentence to be imposed on a person, increase the severity of the sentence that would otherwise be imposed because of any of the following:
	(a)	legislation which has not come into operation;
	(b)	any alleged offences which the person has not admitted in accordance with section 448;
	(c)	that the person chose not to give evidence on oath;
	(d)	that the person may have committed perjury or been guilty of contempt of court during the course of proceedings;
	(e)	the prevalence of the offence;
	(f)	the person’s behaviour in court;
	(g)	that the person chose to plead not guilty.
Restriction on imposing sentences of imprisonment
429C.  (1)  A court shall not pass a sentence of imprisonment on any person for an offence against a law of the Territory unless the court, after having considered all other available penalties, is satisfied that no other penalty is appropriate in all the circumstances of the case.
(2)  Where a court passes a sentence of imprisonment on a person for an offence against a law of the Territory, the court shall—
	(a)	state the reasons for its decision that no other sentence is appropriate; and
	(b)	cause those reasons to be entered in the records of the court.
(3)  The failure of a court to comply with the provisions of this section does not invalidate any sentence.
(4)  This section applies subject to any contrary intention in the law creating the offence.
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 subsection (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 subsection (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.
Fines
431A.  Before imposing a fine on a person for an offence against a law of the Territory, the court shall take into account the financial circumstances of the person, where those circumstances can be ascertained, in addition to any other matters that the court is required or permitted to take into account.
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 subsection 120 (1) in relation to a motor vehicle;
	(b)	a person is charged with an offence referred to in paragraph (a) and, pursuant to subsection 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 Act 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 subsection 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 subsection (1), where an offence referred to in subsection (1) relates to stolen property, the court may, subject to the following subsections, 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)  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.
Judgment after sentence deferred
441. Where a person is convicted of an offence and sentence is deferred, the Court before which he or she was tried, or the Supreme Court, may pronounce judgment against him or her at any time afterwards.
When sentence takes effect
441A.  Where a Court passes a sentence, the sentence shall, subject to this Part, 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)  Subsection (1) 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.
Concurrent and cumulative sentences
443.  (1)  Every term of imprisonment (except a term imposed in default of payment of a fine or sum of money or one imposed on a person in respect of an offence committed while in custody) shall, unless the court otherwise directs, be served concurrently with any uncompleted part of any sentence of imprisonment imposed on that person, whether before or at the same time as that term.
(2)  Where a court sentences a person to a term of imprisonment in default of payment of a fine or sum of money, the term shall, unless the court otherwise directs, be served—
	(a)	cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that person in default of payment of a fine or sum of money; and
	(b)	concurrently with any other uncompleted part of any sentence of imprisonment imposed on that person.
(3)  Where a court sentences a person to a term of imprisonment in respect of an offence committed while in custody, the term shall, unless the court otherwise directs, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that person, whether before or at the same time as that term.
(4)  A court which imposes a term of imprisonment for an offence against the law of the Territory on a person already serving a sentence or sentences of imprisonment for an offence against the law of the Territory, the Commonwealth, a State or another Territory, shall direct when the new term commences which shall be no later than immediately after—
	(a)	if a non-parole period or pre-release period (as defined in Part 1B of the Crimes Act 1914 of the Commonwealth) was fixed in respect of the sentence or the last of those sentences—the end of the period so fixed; and
	(b)	in any other case—the completion of the sentence or the last of those sentences.
(5)  A court may direct that part of a sentence be served concurrently with or cumulatively upon another sentence.
(6)  Where a court directs that 2 or more sentences shall be cumulative, they shall take effect one after another as the court directs or, in default of any direction, in accordance with the sequence in which the convictions are recorded.
(7)  In  this section—
	(a)	a reference 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 a person for or in respect of an offence; and
	(b)	a reference to any uncompleted part of any sentence of imprisonment shall be read as including a reference to the remainder of a period for  which a child has been committed to an institution by an order under paragraph 47 (1) (j) or 47 (1) (k) of the Children’s Services Act 1986.
Previous sentences to be noted in new sentence
446.  Whenever an additional, or cumulative, sentence is passed, 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 authorised in writing by him or her, 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 or she is convicted, ask the person whether he or she admits his or her 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 or her.
(2)  Where a person referred to in subsection (1) asks the Court to take into account any offence in passing sentence for the offence of which he or she 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 subsection (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 subsection (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 or her 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 or she 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 or she 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 subsection (8), the fact that an offence was taken into account in passing sentence on a person in respect of another offence of which he or she 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 subsection 556A (1);
	(c)	making an order under subsection 19B (1) of the Crimes Act 1914 of the Commonwealth; and
	(d)	making a decision or an order to remand in custody or to remand and release, upon conditions or otherwise.
Appeal where promised cooperation not forthcoming
449.  (1)  Where a sentence or a non-parole period is reduced because of the person’s promised cooperation, of the kind referred to in paragraph 429A (1) (h), the court shall—
	(a)	in relation to the sentence—specify the reason for the reduction and the sentence that would have been imposed but for the reduction; and
	(b)	in relation to the non-parole period—specify the reason for the reduction and the period that would have been fixed but for the reduction.
(2)  Where—
	(a)	a sentence or non-parole period is reduced because the person has undertaken to cooperate with law enforcement agencies; and 
	(b)	after sentence, the person does not cooperate in accordance with the undertaking;
the Director of Public Prosecutions may, at any time while the person is under sentence, if the Director is of the opinion that it is in the interests of the administration of justice to do so, appeal against the inadequacy of the sentence or of the non-parole period.
(3)  The court hearing the appeal—
	(a)	if it is satisfied that the person has failed entirely to cooperate in accordance with the undertaking—shall substitute for the reduced sentence or non-parole period the sentence or non-parole period that would have been imposed on, or fixed in respect of, the person but for the reduction; and
	(b)	if it is satisfied that the person has failed in part to cooperate in accordance with the undertaking—may substitute for the reduced sentence or non-parole period such a sentence or non-parole period as it thinks appropriate.
(4)  The sentence or non-parole period that may be substituted under paragraph (3) (b) shall not exceed that which may be imposed or fixed under paragraph (3) (a).
Court to explain sentence
450.  (1)  Where a court passes a sentence of imprisonment on a person for an offence against a law of the Territory and fixes a non-parole period in respect of the sentence, it shall explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of fixing that non-parole period including, in particular, an explanation—
	(a)	that service of the sentence will entail a period of imprisonment of not less than the non-parole period and, if a parole order is made, a period of service in the community to complete service of the sentence;
	(b)	that, if a parole order is made, the order will be subject to conditions;
	(c)	of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and
	(d)	that the parole order may be amended or revoked.	
(2)  Where a court passes a sentence of imprisonment on a person for an offence against a law of the Territory but gives a direction under paragraph 556B (1) (b) in respect of that sentence, it shall explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of giving that direction including, in particular, an explanation—
	(a)	that service of the sentence will entail a period of imprisonment equal to the pre-release period (if any) specified in that direction and a period of service in the community equal to the balance of the sentence;
	(b)	of the conditions to which that direction is subject;
	(c)	of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and
	(d)	that any recognisance given in accordance with that direction may be discharged or varied under section 556D.
(3)  Where—
	(a)	a court explains or causes to be explained to a person, in accordance with subsection (1) or (2), the matters specified in that subsection; and
	(b)	that person is to serve a term of imprisonment;
the Registrar of the court shall provide or cause to be provided to that person, or his or her legal representative, a written record of those matters.
Time held in custody to count
451.  (1)  If an offender is sentenced to a term of imprisonment in respect of an offence, any period of time during which he or she was held in custody in relation to proceedings for that offence or proceedings arising from those proceedings shall be reckoned as a period of imprisonment already served under the sentence.
(2)  Subsection (1) does not apply—
	(a)	to a period of custody of less than 1 day;
	(b)	to a sentence of imprisonment of less than 1 day; or
	(c)	to a sentence of imprisonment which has been wholly suspended or to the suspended part of a partly suspended sentence of imprisonment.
(3)  If a person charged with a series of offences committed on different occasions has been in custody continuously since arrest, the period of custody for the purposes of subsection (1) shall be reckoned from the time of his or her arrest even if he or she is not convicted of the offence with respect to which he or she was first arrested or other offences in the series.
Sentence to be adjusted if no remission laws apply
452.  If an offender’s sentence is to be served in a prison of a State or another Territory where sentences are not subject to remission or reduction, the court imposing the sentence shall take that fact into account in determining the length of the sentence and shall adjust the sentence accordingly.
Division 2—Pre-sentence reports
Interpretation
453.  In this Division—
“authorised officer” means a public servant who is authorised in writing by the Chief Executive for the purposes of this Division.
Court may order pre-sentence reports
454.  (1)  If a court finds a person guilty of an offence it may, before passing sentence, order an authorised officer to prepare a pre-sentence report in respect of the offender and adjourn the proceedings to enable the report to be prepared.
(2)  A pre-sentence report may be presented to the court either orally or in written form.
(3)  A court shall not order a pre-sentence report in respect of a person before the court finds that person guilty of an offence unless the person has indicated that he or she proposes to plead guilty to the offence.
(4)  The authorised officer shall conduct any investigation that he or she thinks appropriate or that is directed by the court.
Contents of pre-sentence report
455.  (1)  The authorised officer shall, so far as practicable, include in a pre-sentence report particulars of each of the following matters which, on investigation, appear to be relevant to sentence:
	(a)	the age of the offender;
	(b)	the social history and background (including cultural background) of the offender;
	(c)	the medical and psychiatric history of the offender;
	(d)	the offender’s educational background;
	(e)	the offender’s employment history;
	(f)	the circumstances of any offences of which the offender has been found guilty and in respect of which the offender is to be sentenced;
	(g)	the extent to which the offender is complying, or has complied, with  any sentence;
	(h)	the offender’s financial circumstances;
	(i)	any special needs of the offender;
	(j)	any courses, programs, treatment, therapy or other assistance that is available to the offender and from which he or she may benefit;
	(k)	the authorised officer’s opinion about—
	(i)	the offender’s attitude to the offence; and
	(ii)	the offender’s propensity to commit further offences;
	(l)	any other facts which the authorised officer considers to be relevant.
(2)  The  authorised officer shall include in the report any other matter relevant to the sentencing of the offender which the court has directed to be set out in the report.
Circulation of the report
456.  The authorised officer shall, before the court passes sentence, provide a copy of any written pre-sentence report to—
	(a)	the prosecutor;
	(b)	any legal practitioner representing the offender; and
	(c)	where—
	(i)	the court has so directed; or
	(ii)	the offender is not legally represented;
the offender.
Right of cross-examination
457.  The prosecution and the defence may cross-examine the author of a pre-sentence report on its contents.
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 subsection (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 subsection (2) in relation to the article until the prosecution is determined.
(4)  All articles forfeited under subsection (2) shall be dealt with as directed by the Attorney-General, and pending his or her 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 or she has endured the punishment to which he or she 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 or her offence, he or she 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 or her, the provisions of sections 465 and 466, and of section 437, shall, with respect to such person, determine, and every order made for the payment of money out of his or her property shall become of no effect, and he or she shall be restored to all that he or she 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:
(1A)  No conviction, or judgment, 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 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 or her 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 or her bail undertaking, 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 other Court, 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 1 only, of the defendants where 2 or more are included in the same indictment, although all are not present, nor are parties to the motion, nor have been tried.
Executive or Judge may direct inquiry
475.  (1)  Whenever, after the conviction of a prisoner, any doubt or question arises as to his or her 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 or her behalf, representing such doubt or question, or a Judge of the Supreme Court of his or her 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 etc.
(2)  The attendance of every person so summoned may be enforced, and his or her examination compelled, and any false statement wilfully made by him or her shall be punishable in like manner as if he or she had been summoned by, or been duly sworn and examined before, the same Magistrate, in a case lawfully pending before him or her.
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 her, or to the Judge directing the inquiry, and the matter shall 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 subsection (3); or
	(b)	 a plea of guilty to the charge is rejected under subsection (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;
subsections 90A (5) to (10) (inclusive) of the Magistrates Court Act 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 subsections (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 subsection (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 subsection referred to as the prescribed penalty) is less than the maximum penalty that the Court, by virtue of subsection (10) or (11), as the case requires, is authorised 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 Registrar of the Court shall, if so requested by the person charged, give that person a certificate under his or her 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 subsection (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 subsection (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 or her 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 or her 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 subsection (1) if the defendant satisfies the Court that he or she 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 subsection (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 subsection (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 subsection (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 or her 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 where any public right is concerned, shall be applied as the Magistrate thinks fit.
Obstruction of stream etc.
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 etc.
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.
Fighting
545A.  A person shall not fight with another person in a public place.
Penalty:  $1,000.
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 or her 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 or she may:
	(a)	direct the person whom he or she believes to be the occupier of those premises to cause the emission of the noise to cease; or
	(b)	direct any person whom he or she 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 or she 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 subsection (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 subsection (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 6 months, and, in default of its being entered into forthwith, the defendant may be imprisoned for 3 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.
Sentence may be for less term or fine of less amount than that fixed
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.  (1)  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 or she is unknown, in which case such sum shall be applied in the same manner as a penalty.
(2)  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.
(3)  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.
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 or her giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the court, that:
	(c)	he or she will be of good behaviour for such period, not exceeding 3 years, as the court specifies in the order; and
	(d)	he or she 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 subsection (1) upon the condition that he or she 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 (1) (d);
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 subsection (1) appears before the court by which the person was discharged on summons or warrant issued under subsection (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 (1) (d);
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 or she was originally charged, be empowered to impose or make any order (including an order under subsection (1) or an order under subsection 556B (1)) which the court would, if he or she had then and there been convicted of the offence of which he or she was originally charged, be empowered to make.
(4)  Where a recognizance that was entered into in accordance with an order made under subsection (1) is varied under section 556D, a corresponding variation shall be deemed to have been made in the terms of that order, and subsections (3) and (4) apply to and in relation to that order:
	(a)	in a case where the period specified in the order in accordance with paragraph (1) (c) is to be deemed to have been varied—as if references in subsections (3) and (4) 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 (1) (d) 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 subsections (3) and (4) 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 subsection (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 her or by a surety for him or her shall be estreated and that any other security given by or in respect of him or her 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 or she is convicted may, if it thinks fit, by order:
	(a)	release the person without passing sentence upon him or her upon his or her giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the Court that:
	(i)	he or she will be of good behaviour for such period as the Court specifies in the order;
	(ii)	he or she 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 or she 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 him or her giving a like security to that referred to in paragraph (a), either forthwith or after he or she has served a specified part of the sentence imposed upon him or her.
(1A)  A court shall not release a person under subsection (1) on condition that the person perform unpaid community work.
(2)  Where a person is convicted of an offence in respect of which a fine might be imposed on the person instead of imprisonment, subsection (1) does not authorise the court by which he or she is convicted, when directing that the person be released as provided in paragraph (1) (a), 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)  Subsection (1) does not authorise the Magistrates Court when directing that a person be released as provided in paragraph (a) of that subsection, 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 6 months.
(5)  Where a court releases a person under paragraph (1) (a) upon his or her giving security for the payment of a penalty, the provisions of section 4 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 or her 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 subsection (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 section 556B upon the condition that he or she will be of good behaviour for a period specified in the order in accordance with subparagraph 556B (1) (a) (i) (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 subparagraph 556B (1) (a) (ii);
	(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 or she 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 or she was so released at a time specified in the summons and show cause why he or she 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 or her being brought before the court by which he or she was so released to be dealt with under this  section.
(2)  Sections 28 and 29 of the Magistrates Court Act 1930 apply to and in relation to a summons or information under subsection (1).
(3)  Where a person is arrested by virtue of a warrant under subsection (1) that requires him or her to be brought before the Supreme Court and the Supreme Court is not sitting at the time of his or her arrest, the person shall be brought before a magistrate who may admit the person to bail in accordance with the provisions of the Bail Act 1992 or direct that he or she be kept in such custody as the magistrate directs until he or she can be brought before the Supreme Court to be dealt with under this section.
(4)  Where a person who has been released in pursuance of an order made under section 556B appears before the court on summons or warrant issued under subsection (1) or as a result of having been committed to be dealt with by the court under subsection (3), 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 subparagraph 556B (1) (a) (ii);
	(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 or she 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 or her—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 or she was originally charged, be empowered to impose or make any order (including an order under subsection 556B (1)) which the Court would, if he or she had then and there been convicted of the offence of which he or she was originally charged, be empowered to make; or
	(e)	in a case where the person having been sentenced, was released forthwith or after he or she had served a specified part of the sentence imposed on him or her—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 subsection 556B (1)) which the Court would, if he or she had then and there been sentenced for the offence of which he or she was originally charged, be empowered to make.
(5)   Where the court commits to prison a person who had served part of his or her sentence, the order for his or her 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 subsection 556B (1) 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 or she 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 or she were before whichever of those courts is the appropriate court in pursuance of a summons or warrant issued under subsection (1).
(7)  Where a person who has been released under subsection 556B (1) 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 or she is convicted:
	(a)	if the person had been so released by an order of the Supreme Court—commit him or her to be dealt with by the Supreme Court under this section and then deal with him or her in like manner as a magistrate may deal with a person brought before him or her under subsection (3); 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 or she were before the Magistrates Court in pursuance of a summons or warrant issued under subsection (1).
(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 or her, but subject to subsection (9), order that any recognizance given by him or her or by a surety for him or her shall be estreated and that any other security given by or in respect of him or her shall be enforced.
(9)  Where a person who has been released under subsection 556B (1) 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 subsection 556B (1) is varied under section 556D, a corresponding variation shall be deemed to have been made in the terms of that order, and subsections (1) to (9) (inclusive) apply to and in relation to that order:
	(a)	in a case where the period specified in the order in accordance with subparagraph 556B (1) (a) (i) is to be deemed to have been varied—as if references in those subsections 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 subparagraph 556B (1) (a) (ii) 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 subsections (1) to (9) (inclusive) 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 subsections (1) to (9) (inclusive) 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 556A or 556B, the court before which the person is bound by his or her recognizance may:
	(a)	upon application by an authorised person, the person who has given the recognizance or his or her 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 or she 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 556A or 556B, an authorised person, the person who has given the recognizance or his or her 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 subsection (2), the Court may, if satisfied that notice as required by subsection (5) or (6) 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 556A beyond the period of 3 years from the date of the order under that section discharging the person.
(5)  Where an application is made under subsection (1) or (2) by an authorised person, the authorised 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 subsection (1) or (2) by a person who has given a recognizance or by his or her 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 authorised 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 or her surety.
(7)  Where notice of an application is served on a surety under subsection (5) or (6), the surety may appear on the hearing or further hearing of the application and show cause before the court why he or she 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 or she is not bound after the expiration of the period for which he or she had agreed to be bound when he or she entered into the recognizance;
	(b)	if the recognizance is varied by altering a condition—he or she is not bound by that condition as altered; and
	(c)	if the recognizance is altered by the addition of a condition—he or she is not bound by the additional condition;
unless he or she 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)	“authorised person” means the Attorney-General or a person appointed under subsection 68 (1) of the Supreme Court Act 1933 to prosecute indictable offences triable before the Supreme Court; 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 subsection 556C (8), made an order that a recognizance given by a person or by a surety for him or her 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 or her 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 subsection 556A (5) or 556C (8), made an order that a recognizance given by a person or by a surety for him or her be estreated, the order shall, upon being filed by the Registrar of the Magistrates Court, be deemed to have the same effect as if it were a judgment entered by the Registrar 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:
“Community Corrections Officer” means a Community Corrections Officer under the Supervision of Offenders (Community Service Orders) Act 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 Registrar of the Magistrates Court;
“supervisor” means a supervisor under the Supervision of Offenders (Community Service Orders) Act 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 or her 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 or her to report to a Community Corrections Officer within such time (if any) as the court specifies; and
	(c)	direct that he or she be released from custody forthwith.
(2)  Nothing in subsection (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 subsection 150 (1) of the Magistrates Court Act 1930, the Magistrates Court may, if it thinks fit, instead of so committing him or her, by order, direct him or her:
	(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 or she would work if he or she were to work for 8 hours on each of the days in respect of which he or she was liable to be committed to prison; or
	(ii)	208;
whichever is less; and
	(b)	to report to a Community Corrections Officer within such time (if any) as the court specifies;
and where a community service order has been made under this subsection in respect of a person the person shall not be committed to prison under the first-mentioned subsection in respect of that liability unless the order is revoked pursuant to subsection 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 a Community Corrections Officer.
(5)  Where a court:
	(a)	makes more than 1 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 2 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 etc. where community service order made
556H.  (1)  Where a community service order has been made pursuant to subsection 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 subsection 150 (1) of the Magistrates Court Act 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 subsection, 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 subsection (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 or herself 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 subsection 556K (1); and
	(c)	that the court has the power to review the order upon the application of a Community Corrections Officer or of the offender.
(3)  For the purpose of paragraph (1) (c), the court may have regard to:
	(a)	the report of a Community Corrections 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 a Community Corrections Officer of any change in his or her address;
	(c)	comply with the directions of a Community Corrections 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 a Community Corrections Officer that an offender has committed an offence under subsection (1), the officer may lay an information before a magistrate in respect of that offence.
(3)  Where an information has been laid before a magistrate under subsection (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 subsection (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 subsection (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 subsection (1), the court may make 1 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 or she 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 subsection (1) but is of the opinion that an order should not be made under subsection (5);
the court may decline to make such an order and may instead admonish the offender in respect of that offence.
(7)  Where under subsection (5) a court revokes a community service order that was made in respect of a person pursuant to subsection 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 subsection (2) and subsection 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 a Community Corrections 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 subsection (2) by a Community Corrections Officer, the court shall issue a summons to the relevant offender to appear before it on the hearing of the application and, if he or she 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 a Community Corrections Officer, the court that made the relevant community service order may:
	(a)	in the case of an order made pursuant to subsection 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 subsection 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 subsection (1), a court revokes a community service order that was made in respect of a person pursuant to subsection 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 a Community Corrections Officer to arrange for the offender to do work other than the work he or she has been doing pursuant to the community service order.
(4)  Where an application is made to a court under subsection (1) by a Community Corrections Officer, the court shall issue a summons to the offender to appear before it on the hearing of the application and, if he or she 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 a Community Corrections 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 or her 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 or her under section 556K if he or she had committed an offence under subsection 556K (1).
(2)  The powers of the Supreme Court under subsection (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 or her 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, in addition 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 or her under section 556K if he or she had committed an offence under subsection 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 subsection (1).
(4)  Where, pursuant to paragraph (3) (b), the Magistrates Court commits an offender to the Supreme Court, the Magistrates Court may admit him or her to bail in accordance with the provisions of the Bail Act 1992 or direct that he or she be kept in such custody as the Magistrates Court directs until he or she 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) Act 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 subsection (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 subsection (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 or she 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) Act 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 or her under section 556K if he or she had committed an offence under subsection 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 or her 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 or her under section 556K if he or she had committed an offence under subsection 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 subsection 556G (3) ceases to have effect otherwise than by reason of the revocation of the order pursuant to subsection 556K (5), that person ceases to be liable to pay the amount that he or she was liable to pay in accordance with the terms of the relevant conviction or order referred to in subsection 150 (1) of the Magistrates Court Act 1930.
(2)  Where:
	(a)	a community service order that was made in respect of a person pursuant to subsection 556G (3) is revoked pursuant to subsection 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 subsection 150 (1) of the Magistrates Court Act 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 or her to be proper in all of the circumstances of the case to do so, vary the relevant conviction or order referred to in subsection 150 (1) of the Magistrates Court Act 1930 by substituting for the period specified in that conviction or order such lesser period of imprisonment as he or she considers appropriate.
Service of documents
556S.  A document that is required or permitted under this Act 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 or she had been a defendant.
Power of court in certain circumstances upon revoking community service order
556U.  Where:
	(a)	a court, pursuant to subsection 556K (5) or 556M (1), revokes a community service order that was made in respect of a person under subsection 556G (1); and
	(b)	the court proposes to make an order in respect of that person under subsection 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 or her of an offence.
Discharge of community service order
556V.  For the purposes of this Act and the Supervision of Offenders (Community Service Orders) Act 1985, an offender shall be taken to have discharged a community service order if he or she has worked or is, pursuant to that Act, 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 XVB—grant of pardon and remission of penalties
Grant of pardon
557.  (1)  The Executive may, by instrument, grant to a person a pardon in respect of an offence of which that person has been convicted.
(2)  A pardon granted to a person under subsection (1) in respect of an offence discharges the person from any further consequences of the conviction for that offence.
Remission of penalties
558.  The Executive may, by instrument, remit, in whole or in part, a sentence of imprisonment imposed on, a fine or other monetary penalty ordered to be paid by, or a forfeiture of property ordered to be forfeited by, a person on conviction for an offence against a law of the Territory.
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 6 months after the fact committed, and notice in writing of any such action, and of the cause thereof, shall be given to the defendant 1 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.
(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 or her 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 in relation to bail or for 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.  (1)  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 or her having so given evidence, to be returned to his or her former custody.
(2)  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 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 or her appearance at the trial.
Supreme Court Judges may prescribe forms of indictments etc.
567.  The Judges of the Supreme Court, or any 2 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 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 or her, orally or otherwise, of words or matter charged as blasphemous, where the same is by way of argument, or statement, and not for the purpose of scoffing or reviling, nor of violating public decency, nor in any manner tending to a breach of the peace.
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.
Regulations
578.  The Executive may make regulations, not inconsistent with this Act, prescribing matters—
	(a)	required or permitted by this Act to be prescribed; or 
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.

SCHEDULES
	FIRST SCHEDULE	Subsection 2 (1)
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
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 or she declines to file any information against A.B. for the offence, you are therefore required forthwith to discharge A.B. from your custody under the 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 His or Her 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
Supreme Court of New South Wales.
Whereas A.B. is detained in your custody under the order of His or Her 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 or she declines to proceed further upon an indictment filed against A.B. for the offence, you are therefore required forthwith to discharge A.B. from your custody under the 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 have, in respect of the defendant, been satisfied,
It is this day ordered that the defendant shall for his or her offence—
•	perform unpaid work for 		hours; and
•	report to (here specify the authorised 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 authorised 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 subsection 150 (1) of the Magistrates Court Act 1930; and
•	the requirements of section 556J of the Crimes Act 1900 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 authorised 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 authorised 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 1 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 authorised in writing by him or her	
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 or her, 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	

NOTES
1.	The Crimes Act, 1900 of the State of New South Wales (No. 40, 1900) was one of the laws in force in the Australian Capital Territory immediately before 1 January 1911, and was, continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The Crimes Act, 1900 in its application in 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 of the Commonwealth (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.”
	Subsection 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) effect the citation change “Ordinance” to “Act” and affect references to Commonwealth legislation.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.

Table of Laws
Law	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)	—	
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	26 Apr 1988 (see Gazette 1988, No. S116)	—	
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)	—	
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)	—	
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)	
Crimes (Amendment) Act (No. 3) 1990	66, 1990	24 Dec 1990	Ss. 1 and 3:  24 Dec 1990
Remainder:  6 Feb 1991 (see Gazette 1991, No. S5)	—	
Weapons (Consequential Amendments) Act 1991	9, 1991	3 Apr 1991	Ss. 1 and 2:  3 Apr 1991
Remainder:  3 Oct 1991	—	
Crimes (Amendment) Act 1991	18, 1991	10 May 1991	10 May 1991	—	
Magistrates  and Coroner’s Courts (Registrar) Act 1991	44, 1991	20 Sept 1991	Ss. 1 and 2:  20 Sept 1991
Remainder:  25 Sept 1991 (see Gazette 1991, No. S103, p. 2)	—	
Crimes (Amendment) Act (No. 2) 1991	78, 1991	11 Dec 1991	Ss. 1-3:  11 Dec 1991
Remainder:  11 June 1992	—	
Crimes (Amendment) Act (No. 3) 1991	90, 1991	24 Dec 1991	24 Dec 1991	S. 4 (2)	
Proceeds of Crime (Consequential Amendments) Act 1991	104, 1991	10 Jan 1992	Ss. 1 and 2:  10 Jan 1992
Remainder:  10 Feb 1992 (see 
s. 2 (2) and Gazette 1992, No. S21)	—	
Crimes (Amendment) Act (No. 4) 1991	120, 1991	10 Jan 1992	10 Jan 1992	—	
Crimes (Amendment) Act (No. 5) 1991	122, 1991	10 Jan 1992	10 Jan 1992	—	
Crimes Legislation (Status and Citation) Act 1992	6, 1992	28 May 1992	28 May 1992	Ss. 3 and 5	
Bail (Consequential Amendments) Act 1992	9, 1992	28 May 1992	Ss. 1 and 2:  28 May 1992
Remainder:  28 Nov 1992	S. 3	
Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Crimes (Amendment) Act 1992	35, 1992	8 July 1992	8 July 1992	—	
Prostitution (Consequential Amendments) Act 1992	65, 1992	1 Dec 1992	Ss. 1 and 2:  1 Dec 1992
Remainder:   1 June 1993	S. 3	
Crimes (Amendment) Act (No. 2) 1992	76, 1992	24 Dec 1992	24 Dec 1992	—	
Crimes (Amendment) Act 1993	3, 1993	1 Mar 1993	1 Mar 1993	—	
Crimes (Amendment) Act (No. 2) 1993	73, 1993	22 Oct 1993	Ss. 1-3:  22 Oct 1993
Remainder:  15 Nov 1993 (see Gazette  1993, No. S230)	—	
Supreme Court (Amendment) Act (No. 2) 1993	91, 1993	17 Dec 1993	17 Dec 1993	—	
(Reprinted as at 31 January 1994)	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994
Remainder:  1 July 1994 (see Gazette 1994, No. S142, p. 2)	Ss. 3, 5-12, 15 and 19	
Crimes (Amendment) Act 1994	46, 1994	7 Sept 1994	Ss. 1-3:  7 Sept 1994
Remainder:  6 February 1995 (see Gazette 1995, No. S33)	—	
Crimes (Amendment) Act  (No. 2) 1994	75, 1994	23 Nov 1994	Ss. 1-3:  23 Nov 1994
Remainder:  1 Dec 1994 (see Gazette 1994, No. S270)	—	
Acts Revision (Victims of Crime) Act 1994	84, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 June 1995	—	
Intoxicated Persons (Consequential Amendments) Act 1994	86, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder: 15 June 1995 (see s. 2 (2))	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III
(ss. 4-9)	
Evidence (Amendment) Act 1994	98, 1994	15 Dec 1994	15 Dec 1994	S. 8	
Crimes (Amendment) Act 1995	2, 1995	19 June 1995	19 June 1995	—	
Periodic Detention Act 1995	3, 1995	19 June 1995	Ss. 1 and 2:  19 June 1995
Remainder:  1 Sept 1995 (see Gazette 1995, No. S222)	—	
Crimes (Amendment) Act (No. 2) 1995	49, 1995	18 Dec 1995	Ss. 1-3:  18 Dec 1995
Remainder:  18 June 1996	—	
Crimes (Amendment) Act (No. 3) 1995	50, 1995	18 Dec 1995	Ss. 1-3:  18 Dec 1995
Remainder (ss. 4-6):  (see 
Note 3)	—	
Crimes (Amendment) Act 1996	31, 1996	1 July 1996	1 July 1996	S. 5	
Crimes (Amendment) Act (No. 2) 1996
	36, 1996	10 July 1996	10 July 1996	—	

(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 (except the Legal Practitioners Ordinance 1970), 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	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
	am. Act No. 6, 1992
S. 2	am. No. 27, 1983
S. 3	am. No. 44, 1985
S. 3A	ad. Act No. 2, 1995
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; Acts Nos. 104 and 120, 1991; Nos. 9 and 23, 1992; No. 2, 1995
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
S. 10	ad. No. 2, 1990
S. 11	ad. No. 2, 1990
	rs. Act No. 2, 1995
Ss. 12-17	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. 34A	ad.  Act No. 36, 1996
S. 35	am. No. 27, 1983
	rs. No. 2, 1990
	am. Act No. 38, 1994
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
S. 46	am. No. 27, 1983
	rs. No. 2, 1990
S. 47	am. No. 27, 1983
	rs. No. 2, 1990
	am. Act No. 23, 1992
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-92D	ad. No. 62, 1985
S. 92E	ad. No. 62, 1985
	am. Act No. 2, 1995
S. 92EA	ad. Act No. 90, 1991
	am. No. 73, 1993
Ss. 92F-92J	ad.No. 62, 1985
S. 92K	ad.No. 62, 1985
	am. Act No. 2, 1995
S. 92L	ad. No. 62, 1985
	am. No. 27, 1986 (as am. by No. 37, 1986); No. 5, 1990; Act No. 2, 1995
S. 92M	ad. No. 62, 1985
S. 92N	ad. No. 62, 1985
	rep. Act No, 65, 1992
S. 92NA	ad. No. 3, 1987
S. 92NB	ad. Act  No. 120, 1991
Ss. 92P-92R	ad. No. 62, 1985
S. 92S	ad. No. 62, 1985
	am. No. 2, 1990; Act No. 2, 1995
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)
S. 99	am. No. 27, 1983
	rs. No. 44, 1985
S. 99A	ad. No. 49, 1995
S. 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)
S. 106	am. No. 27, 1983
	rs. No. 44, 1985
S. 107	am. No. 27, 1983
	rs. No. 44, 1985
	am. No. 49, 1995
Ss. 108, 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
Renumbered s. 155	Act No. 90, 1991
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
S. 127	rs. No. 44, 1985
S. 128	rs. No. 44, 1985
	am. No. 49, 1995
Ss. 129, 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
Heading to Div. 3B of 	ad. Act No. 23, 1992
   Part IV
Ss. 135H-135L	ad. Act No. 23, 1992
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 to Part V	ad. Act No. 78, 1991
S. 151A	ad. Act No. 3, 1995
Ss. 152-160	ad. Act No. 78, 1991
Heading preceding s. 152	rep. No. 27, 1983 (as am. by No. 16, 1985)
Heading to Div. 5 of Part IV rep. Act No. 23, 1992
Div. 5 of Part IV (ss. 152	ad. Act No. 66, 1990
  -154)
S. 152	am. No. 27, 1983
	rep. No. 44, 1985
	ad. Act No. 66, 1990
Renumbered s. 135H	   No. 23, 1992
S. 153	am. No. 27, 1983
	rep. No. 44, 1985
	ad. Act No. 66, 1990
Renumbered s. 135J	   No. 23, 1992
Heading preceding s. 154	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 154	am. No. 27, 1983
	rep. No. 44, 1985
	ad. Act No. 66, 1990
Renumbered s. 135K	   No. 23, 1992
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
	ad. Act No. 90, 1991
Renumbered s. 135L	   No. 23, 1992
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)
S. 159	am. No. 27, 1983
	rep. No. 44, 1985
S. 160	am. No. 27, 1983
	rep. No. 44, 1985
	am. Act No. 9, 1992
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, 255-	rep. No. 15, 1986
  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
Heading 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
S. 334	rep. No. 27, 1983
	ad. No. 4, 1990
Ss. 335-339	rep. No. 27, 1983
S. 340	am. No. 27, 1983; Act No. 9, 1992
Ss. 341, 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; Act No. 78, 1991
Heading to Div. 1 of Part X  ad. No. 32, 1984
	rs. Act No. 78, 1991; No. 75, 1994
Div. 1 of Part X 	ad. Act No. 75, 1994
   (ss. 349AA, 349AB)
Ss. 349AA, 349AB	ad. Act No. 75, 1994
Heading to Div. 1A of 	ad. Act No. 75, 1994
   Part X
Ss. 349A, 349B	ad. No. 53, 1986
	am. No. 3, 1987
S. 349C	ad. No. 53, 1986
S. 349D	ad. Act No. 9, 1991
	am. No. 35, 1992
Div. 2 of Part X (ss. 349E	ad. Act No. 75, 1994
   -349S)
Ss. 349E-349S	ad. Act No. 75, 1994
Div. 3 of Part X (ss. 349T,	ad. Act No. 75, 1994
   349U)
Ss. 349T, 349U	ad. Act No. 75, 1994
Div. 4 of Part X (ss. 349V	ad. Act No. 75, 1994
   -349Z, 349ZA-349ZX)
Ss. 349V-349Z	ad. Act No. 75, 1994
Ss. 349ZA-349ZW	ad. Act No. 75, 1994
S. 349ZX	ad. Act No. 75, 1994
	rs. No. 31, 1996
Heading to Div. 5 of Part X  ad. Act No. 75, 1994
Ss. 349ZY, 349ZZ	ad. Act No. 75, 1994
Ss. 349ZZA-349ZZG	ad. Act No. 75, 1994
S. 350	rep. No. 27, 1983
	ad. No. 55, 1983
	am. No. 67, 1985; No. 15, 1986; Act No. 104, 1991
Ss. 350A, 350B	ad. Act No. 104, 1991
S. 351	rep. No. 27, 1983
	ad. No. 55, 1983
	rep. Act No. 86, 1994
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
	rep. Act No. 75, 1994
S. 352A	ad. No. 78, 1984
	rep. Act No. 75, 1994
S. 353	am. No. 27, 1983
	rep. Act No. 75, 1994
S. 353A	ad. No. 1, 1944
	am. No. 78, 1984; Act No. 122, 1991
	rep. No. 75, 1994
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
	ad. Act No. 78, 1991
	rs. No. 3, 1993
Ss. 355-357	rep. No. 27, 1983
Heading preceding s. 358	rep. No. 27, 1983 (as am. by No. 16, 1985)
Heading to Div. 1A of 	rep. Act No. 78, 1991
   Part X 
Div. 1A of Part X	ad. No. 75, 1988
   (ss. 358AA-358AI)
S. 358AA	ad. No. 75, 1988
Renumbered s. 152	   Act No. 78, 1991
S. 358AB	ad. No. 75, 1988
Renumbered s. 153	   Act No. 78, 1991
S. 358AC	ad. No. 75, 1988
Renumbered s. 154	   Act No. 78, 1991
S. 358AD	ad. No. 75, 1988
Renumbered s. 155	   Act No. 78, 1991
S. 358AE	ad. No. 75, 1988
Renumbered s. 156	   Act No. 78, 1991
S. 358AF	ad. No. 75, 1988
Renumbered s. 157	   Act No. 78, 1991
S. 358AG	ad. No. 75, 1988
Renumbered s. 158	   Act No. 78, 1991
S. 358AH	ad. No. 75, 1988
Renumbered s. 159	   Act No. 78, 1991
S. 358AI	ad. No. 75, 1988
Renumbered s. 160	   Act No. 78, 1991
Heading to Div. 2 of Part X  rep. Act No. 75, 1994
Heading to Part XA	ad. Act No. 75, 1994
Div. 2 of Part X 	ad. No. 32, 1984
  (ss. 358A-358E)
S. 358A	ad. No. 32, 1984
	am. No. 5, 1990; Act No. 75, 1994
S. 358B	ad. No. 32, 1984
	am. No. 67, 1985
Ss. 358C, 358D	ad. No. 32, 1984
S. 358E	ad. No. 32, 1984
	am. Act No. 75, 1994
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
S. 365	rs. No. 11, 1963
	am. Act No. 9, 1992
S. 366	rs. No. 11, 1963
S. 369	am. No. 5, 1990; Act No. 9, 1992
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
S. 405	rep. Act No. 98, 1994
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. 428	am. Act No. 9, 1992
Part XIA (428A-428X)	ad. Act No. 46, 1994
Ss. 428A-428X	ad. Act No. 46, 1994
S. 428Y	ad. Act No. 84, 1994
S. 429	rs. No. 14, 1951
	rep. No. 14, 1986
Heading to Div. 1 of Part	ad. Act No. 73, 1993
   XII
S. 429	ad. Act No. 73, 1993
S. 429A	ad. Act No. 73, 1993
S. 429AB	ad. Act No. 84, 1994
Ss. 429B, 429C	ad. Act No. 73, 1993
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
S. 431A	ad. Act No. 73, 1993
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; Act No. 18, 1991
Headings preceding	rep. No. 27, 1983 (as am. by No. 16, 1985)
  ss. 438-440
S. 438	rep. No. 44, 1985
S. 439	rep. Act No. 46, 1994
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
	am. Act No. 73, 1993
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; Act No. 73, 1993
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
Ss. 449-452	ad. Act No. 73, 1993
Div. 2 of Part XII (ss. 453	ad. Act No. 73, 1993
  -457)
S. 453	ad. Act No. 73, 1993
	am. No. 38, 1994
Ss. 454-457	ad. Act No. 73, 1993
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. 470	am. Act No. 9, 1992
S. 471	rep. No. 27, 1983
Heading preceding s. 472	rep. No. 27, 1983 (as am. by No. 16, 1985)
Heading preceding s. 474	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 474	am. No. 27, 1983 
Heading preceding s. 475	rep. No. 27, 1983 (as am. by No. 16, 1985)
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
S. 480	rs. No. 14, 1951; No. 17, 1974
	am. No. 27, 1983; Nos. 40 and 67, 1985; Act No. 44, 1991
S. 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
S. 545A	ad. Act No. 76, 1992
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 s. 547	rep. No. 27, 1983 (as am. by No. 16, 1985)
S. 547	am. No. 27, 1983; No. 44, 1988
Heading preceding s. 548	rep. No. 27, 1983 (as am. by No. 16, 1985)
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
S. 552	am. No. 27, 1983
	rep. Act No. 18, 1991
S. 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
	rep. Act No. 18, 1991
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); Act No. 2, 1995
S. 556B	ad. No. 2, 1971
	am. No. 67, 1985; No. 57, 1986; No. 5,1990; Act No. 73, 1993
S. 556C	ad. No. 2, 1971
	am. No. 67, 1985; Act No. 9, 1992
S. 556D	ad. No. 2, 1971
	am. No. 16, 1985; Act No. 91, 1993; No. 2, 1995
S. 556E	ad. No. 2, 1971
	am. No. 67, 1985; No. 74, 1986; No. 5, 1990; Act No. 44, 1991; No. 2, 1995
Part XVA (ss. 556F-556W)  ad. No. 11, 1985
S. 556F	ad. No. 11, 1985
	am. No. 67, 1985; Act No. 44, 1991; No. 97, 1994
S. 556G	ad. No. 11, 1985
	am. No. 67, 1985; No. 57, 1986; Act No. 97, 1994
S. 556H	ad. No. 11, 1985
	am. No. 67, 1985
S. 556J	ad. No. 11, 1985
	am. Act No. 97, 1994
S. 556K	ad. No. 11, 1985
	am. No. 57, 1986; Act No. 97, 1994
Ss.  556L, 556M	ad. No. 11, 1985
	am. Act No. 97, 1994
S. 556N	ad. No. 11, 1985
	am. No. 67, 1985; Act No. 9, 1992
Ss. 556P-556R	ad. No. 11, 1985
	am. No. 67, 1985
Ss. 556S-556W	ad. No. 11, 1985
Ss. 557, 558	rep. No. 2, 1971
Part XVB (ss. 557, 558)	ad. Act No. 90, 1991
Ss. 557, 558	ad. Act No. 90, 1991
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; Act No. 9, 1992
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
S. 578	ad. Act No. 90, 1991
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; Act No. 2, 1995
Sixth Schedule	rep. No. 17, 1974
	ad. No. 27, 1983
	am. Nos. 16 and 67, 1985
Seventh Schedule	rep. No. 27, 1983

3.  Section 4, Part IIIB (sections 92V-92Z) and section 349AA of the Crimes Act 1900 are amended by sections 4-6 of the Crimes (Amendment) Act (No. 3) 1995, subsection 
2 (2) of which provides as follows:
“(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.”
	As at 30 November 1996 no date had been fixed for the commencement of sections 4-6 and the amendments are not incorporated in this reprint.  They are set out below under the heading “EXTRACT FROM CRIMES (AMENDMENT) ACT (No. 3) 1995”.
EXTRACT FROM CRIMES (AMENDMENT) ACT (No. 3) 1995
Interpretation
4.  Section 4 of the Principal Act is amended by inserting in subsection (1) the following definition:
“ ‘medical practitioner’ means a person—
	(a)	who is registered under the Medical Practitioners Act 1930; or
	(b)	who is to be deemed to be registered under that Act by virtue of section 25 of the Mutual Recognition Act 1992 of the Commonwealth;”.
Insertion
5.  After Part IIIA of the Principal Act the following Part is inserted:
 “Part IIIB—female genital mutilation
Interpretation
“92V.  In this Part—
‘female genital mutilation’ means—
	(a)	clitoridectomy or the excision of any other part of the female genital organs;
	(b)	infibulation or similar procedure; or
	(c)	any other mutilation of the female genital organs.
Prohibition of female genital mutilation
“92W.  (1)  A person shall not intentionally perform female genital mutilation on another person.
Penalty:  Imprisonment for 15 years.
 “(2)  It is not a defence to a prosecution for an offence under this section that the person on whom the female genital mutilation was performed, or a parent or guardian of that person, consented to the mutilation.
Removal of child from Territory for genital mutilation
“92X.  (1)  A person shall not take a child from the Territory, or arrange for a child to be taken from the Territory, with the intention of having female genital mutilation performed on the child.
Penalty:  Imprisonment for 7 years.
 “(2)  In proceedings for an offence against subsection (1), if it is proved that—
	(a)	the defendant took a child, or arranged for a child to be taken, from the Territory; and
	(b)	female genital mutilation was performed on the child while outside the Territory;
it will be presumed, in the absence of proof to the contrary, that the defendant took the child, or arranged for the child to be taken, from the Territory with the intention of having female genital mutilation performed on the child.
“(3)  In this section—
‘child’ means a person under the age of 18 years.
Exception—medical procedures for genuine therapeutic purposes
“92Y. (1)  It is not an offence under this Part to perform a medical procedure that has a genuine therapeutic purpose or to take a person, or arrange for a person to be taken, from the Territory with the intention of having such a procedure performed on the person.
“(2)  A medical procedure has a genuine therapeutic purpose only if—
	(a)	performed on a person in labour, or who has just given birth, and for medical purposes connected with that labour or birth, by a medical practitioner or midwife; or
	(b)	necessary for the health of the person on whom it is performed and it is performed by a medical practitioner.
“(3)  A medical procedure that is performed as, or as part of, a cultural, religious or other social custom is not of itself to be regarded as being performed for a genuine therapeutic purpose.
“(4)  In paragraph (2) (a)—
‘midwife’ means a person—
	(a)	registered as a midwife under the Nurses Act 1988; or
	(b)	deemed to be registered as a midwife under that Act by virtue of section 25 of the Mutual Recognition Act 1992 of the Commonwealth.
Exception—sexual reassignment procedures
“92Z.  (1)  It is not an offence under this Part to perform a sexual reassignment procedure or to take, or arrange for a person to be taken, from the Territory with the intention of having such a procedure performed on the person.
“(2)  In subsection (1)—
‘sexual reassignment procedure’ means a surgical procedure performed by a medical practitioner to give a female person, or a person whose sex is ambivalent, the genital appearance of a person of the opposite sex or of a particular sex (whether male or female).”.
Interpretation
6.  Section 349AA of the Principal Act is amended by omitting the definition of “medical practitioner”.

NOTE ABOUT INDEX

The index normally printed in this reprint has been omitted intentionly.
It is intended to update the Index and include it in the next edition.
INDEX
NOTE:  This Index does not form part of the Crimes Act; it is printed for convenience of reference only.

	Section

A
ABANDON
child	39
ABETTING 
offence	345
suicide	17 (1)
ABDUCTION
child under 16	36
child under 12	38
for ransom	37
with intent sexual intercourse	92M
See also—Kidnapping
ABORTION
procuring another's	43
procuring own	42
supplying or procuring drugs to procure	44
ACCOUNTING
false	108
ACCESSORIES
after fact, offences	346
indictable together	371
to murder, form of indictment	378
ACCUSE FALSELY
of offence	344
ACCUSED
consent to summary proceedings	477
counsel	402
extenuating witness	424
inspect depositions	403
make statement, address jury	405
ACQUITTAL
intent to procure by perjury	328
on ground of insanity	439
power of Judge to record verdict of	404
summary dismissal same effect as	481
ACT
definition	359
See also—Statute
ACTION, LIMITATION OF
under Crimes Act	563
ACTUAL BODILY HARM
assault occasioning	24
inflict intentionally	23
inflict recklessly	23
threatens with intent of sexual intercourse	92C
threatens with intent to commit indecency	92H
with intent to commit indecency	92G
with intent to engage in sexual intercourse	92B
ADVERTISE SAFETY FROM PROSECUTION
return of stolen property, offence	117
ADVERTISEMENTS
bogus	546D
for return of stolen property	117
AIDING
and abetting	345
prisoner to escape	153
suicide	17
AIR-GUN
See—Loaded arms
AIR-PISTOL
See—Loaded arms
ALIBI
notice of	406
ALTERNATIVE OFFENCE
conviction, bar to prosecution for	425, 426
ANIMAL
power in motor vehicle definition	4 (1)
See also—Domestic animal
See also—Wild animal
APPOINTMENTS
continuation	2
APPREHEND
apprehended violence or injury—recognizance to keep peace	547
offence committed outside the Territory	352A
person	352
power of court	556T
release after	352 (2A)
where stolen property offered for sale	353
without warrant	352 (2)
APPROPRIATE AUTHORITY
definition	358A
APPROPRIATION
of property, interpretation	96
ARRAIGNMENT
autrefois acquit, convict	399
not guilty plea	395
on charge of previous conviction	394
practice as to	400
refusal to plead	396
ARREST, POWER OF
See—Apprehend
ARMED ROBBERY
accessory after fact	346
offence	101
ARSON
damage, destroy property, with fire or explosive	129
possess article, intent	133
ASSAULT
addition of count for	380
common	26
occasioning actual bodily harm	24
sexual, first degree	92A
sexual, second degree	92B
sexual, third degree	92C
verdict of attempt	427
with intent commit offence	22
with intent rob	100
with intent sexual intercourse	92C
with intent sexual intercourse, acting in company	92C (2)
with intent to burgle	102
See also—Child
See also—Grievous Bodily Harm
See also—Robbery
ASSOCIATION
unincorporated, false statement by officer	110
ATTEMPT
alternative verdict to offence	427
to commit offence	347
ATTORNEY
and client—costs as between	563
definition	4 (1)
See also—Counsel
ATTORNEY-GENERAL
argument, reserved question of law	470
arrangements with States—transmission and return of objects	358E
direction by, condemned article	350
discharge certificate	358
procedure on forfeit	464
property of spouse—consent to prosecute	148
recognizance—power to discharge  or vary	556D
AUTHORITY, LAWFUL
onus on accused	417
AUTHORISED CONDUCT	130
AUTHORISED OFFICER
definition	556F, 556G, 	556H, 556K,
	556L, 556M
AUTOMATIC TELLER
See—Machine
AUTREFOIS ACQUIT, CONVICT
plea	399
after verdict of culpable driving	29 (9)
AVAILABLE DOCUMENT
definition	437
AVER
general intent to defraud	551
intent to defraud	375
matter material, indictment for perjury	392
want of not a defect	360
written instrument, on indictment	374
B
BAIL
defaulting witness, on recognizance or subpoena, admission to	566
failing to answer, offence	160
no fees to be taken	564
spouse, able to be on	148
vacated	470
where offences committed interstate	352A
where order for separate trial	365
BANKER
definition	4 (1)
BIRTH
alive, when taken to be	10
concealment	45
inflicting grievous bodily harm before	40
injury of child at	41
verdict of concealment of, in murder trial	47
BLACKMAIL
definition	93
offence	112
BLASPHEMY
prosecution, liability for	574
BODILY HARM INJURY
actual, by assault	24
by explosion	27 (3)
indecency, alternative verdict	92S
sexual intercourse, alternative verdict	92S
threat, with intent indecency	92H
threat, with intent sexual intercourse	92C
threat, with intent sexual intercourse, acting in company	92C (2)
threaten injure person, property, with object	33
use of poison	27 (3)
with intent act of indecency	92G
with intent sexual intercourse	92B
with intent sexual intercourse, acting in company	92B (2)
See also—Assault
	Grievous Bodily Harm
BUILDING
being found in with intent	145
burglary	102
premises includes	144, 358A, 	527A
BUOYS
removal of	143
BURGLARY
aggravated, what constitutes	103
article for use for, in possession	116
definition	93
intent to steal in building, trespasser	102
offence	102
C
CELLAR
entrance, period open	545
CERTIFICATE
of discharge from Attorney-General	358
of affirmance or reversal	470 (4)
of dismissal	480
of title	4 (1)
warehouse keeper's	4 (1)
CHILD
abduction	36, 38
act of indecency	92K
alive, when taken to be at birth	10
conceal birth	45
destruction	40
detain by force	38
employment for pornographic purposes	92NA
employment for prostitution	92N
entice away by deception	38
false evidence by	333
incest	92L
injury at time of birth	41
pornography, possession of	92NB
sexual intercourse with	92E
under 2, expose or abandon	39
violence on—recognizance to keep peace	547
See also—Young Person
CHOKE
offence	27 (3)
CHOSE IN ACTION
See—Property
COMMISSIONER OF POLICE
definition	358E
COMMON LAW
offences abolished	465
sections applicable to offence at	3, 477
COMMUNITY SERVICE ORDER
absconder, power of court	556Q
absconding offender	556P
cessation	556L
circumstances in which made	556J
conviction for further indictable offence	556N
court may impose	556G
definition	556F
discharge of	556V
failure to comply	556K
payment of fine instead, effect of	556H
revocation and variation	556M, 556R
COMPANY OFFICER
liability	109
COMPENSATION
See—Reparation
COMPUTERS
damage or destroy data	135K
dishonest use	135L
unlawful access to data	135J
CONCEALMENT
of birth	45
CONDITION
recognizance or release, failure to comply with	556C
CONDITION RELEASE
See—Release conditional
CONFINEMENT
forcible	34
unlawful	34
CONSENT
community service order made by	556J
of public official to torture	35
of the Attorney-General to prosecute	148
of the prosecutor to taking charges into account	448
to destruction or damage of property	130
to sexual intercourse	92P
to summary proceedings	477
to taking of vehicle	120
unlawful possession	527A
CONSPIRACY
indictment	393
with another person to commit offence	349
CONTINUATION OF APPOINTMENTS
See—Appointments
CONVEYANCE
definition	27 (1)
interfere with, to endanger health safety or well being	28 (2)
interfere with, to endanger life or cause grievous bodily harm	27 (3)
CONVICTED PERSON
incapable of holding civil office	466
CONVICTION
additional sentence on subsequent	443
avoided or vacated, effect, rights and property	468, 470
conditional release after	556B
discharge without proceeding to	556A
no escheat or forfeiture	465
perjury with intent to procure	328
sentence deferred	441
summary, bar to further proceedings	481
Supreme Court may prescribe forms	567
CONVICTION, PREVIOUS
additional sentence	443
arraignment in respect of	394
evidence of charged in indictment	372, 414
CORPSES
interfere with	46
CORRESPONDING LAW
definition	358A
CORPORATION SOLE
property belonging to	95 (5), 127
COSTS
action under Act	563
recognizance to keep the peace or be of good behaviour	547 (3)
COUNSEL
accused entitled to	402
definition	4 (1)
COURT
definition	4 (1)
definitions	4 (1)
fees, criminal cases, not lawful	564
power, apprehend offender	556T
power, bring prisoner before	565
power, community service order revoked	556U
power, recognizance, failure to comply condition	556T
CULPABLE DRIVING
causing death	29 (2)
causing grievous bodily harm	29 (3)
influence of alcohol	29 (4)
influence of drug	29 (4)
CUSTODY
discharge from	358
drunken person	351
escape from	358AC
principal offender not in, accessories may be charged	371
D
DECEPTION
definition	93
evasion of liability by	106
execution of document for	111
financial advantage by	104
obtaining service by	105
DEEDS
indictment for theft of	150
DEFAMATORY WORDS
recognizance	547 (2)
DEFINITION OR INTERPRETATION CLAUSES	4 (1), 12,15,
	27(10), 92, 	93, 94, 95, 	111, 120 (4), 	127,135B, 	349(5), 358A, 	358E, 359, 	406(7), 437, 	476, 556F
DEMANDS
with threat to kill or inflict harm	32
DEPOSITIONS
right of accused to inspect	403
DETENTION
drunken person	351
during pleasure (meaning)	358AA
DIRECTOR OF PUBLIC PROSECUTIONS
consent to prosecute	92EA, 148
definition	4 (1)
notice of alibi	406
notice of application of discharge recognizance	556D
outstanding charges form	448, 	Schedule 6
person authorised by	148, 448, 	556D
procedure and evidence	125
DISABLING SUBSTANCE
possession in public place	493
possession with intent	494
DISCHARGE
prisoner, certificate of Attorney-General	358
without conviction, offence proved	556A
DISGUISE
face, intent to commit offence	145
DOCK
practice as to entering	400
statement from	405
DOCUMENT OF TITLE
evidence	150
goods, definition	4 (1)
land, definition	4 (1)
DOCUMENTS
making a false invoice	527B
service of	556S
suppression of	111
See also—Instrument
DOMESTIC ANIMAL
poison	510A
DOUBLE JEOPARDY
no prosecution for alternative offence	425, 426
plan of autrefois convict etc.	399
summary conviction bar to further proceedings	481
DRIVING
culpable	29
DRUG
administer overpowering	27 (3)
culpable driving, definition	29 (1)
culpable driving, influence of	29 (4)
negation of consent	92P
to procure abortion	42-44
DRUNKEN PERSON
detention	351
E
ELECTRICITY
dishonest abstraction	114
EMPLOYER
definition	4 (1)
ENDANGER LIFE
administer drug or poison likely to	27 (3)
cause an explosion likely to	27 (3)
damage or destroy property with intent	128
set a trap likely to	27 (3)
use offensive weapon likely to	27 (3)
ENTRY
forcible, on land	146
in police emergencies	349C
police powers of	349A
ESCAPE
aid prisoner to	153
current sentence	159
harbouring escapee	158
offence	154
permitting	157
punishment	160
rescuing prisoner from custody	155
ESCHEAT
not caused by conviction	465
EVIDENCE
conviction for alternative offence	425
criminating statement	411
cross examination by persons affected by in judicial inquiry	475
extra-territorial	358A
false statement in	334
in prosecution for perjury	340
incest—defence	92L
of previous convictions	414
possession of tools of burglary of theft	116
prevent production of by means of false invoice	527B
prevention of the loss of—power of arrest	352
procedure and—theft	125
provocation of diminished responsibility	13, 14
reparation orders	437
taking account of outstanding charges	448
technical defects—perjury	332
to disprove or prove alibi	406
EVIDENCE, OBJECT IN
See—Object
EVIDENCE IN SUPPORT OF ALIBI
definition	406 (7)
false, by child not on oath	333
EXCUSE, LAWFUL
onus on accused	417
EXECUTIVE
group of pardon	557
inquiry re guilt of convicted person	475
regulations	578
remission of penalties	558
EXPLOSION
dangerous to health, safety or physical well-being	28 (2)
likely to cause grievous bodily harm	27 (2)
likely to endanger human life	27 (2)
EXPLOSIVE
definition	93
destroy, damage property, see—Arson
imitation	93
use of, endanger life or grievous bodily harm	27 (3)
use of, to injure or cause pain	28 (2)
EXPOSURE, INDECENT
offence	546B
EXTRA-TERRITORIAL OFFENCES
murder investigation	11, 358A-	358E
power of arrest	352A
F
FALSE ACCOUNTING
offence	108
FALSE ACCUSATION
offence	344
FALSE EVIDENCE
by child	333
FALSE INSTRUMENT
See—Instrument
FALSE RECEIPT
See—Receipt
FALSE SIGNALS
display	142
FALSE STATEMENT
by officers of associations	110
in evidence on commission	334
FALSE SWEARING
contradictory statements	331
formal defect in evidence at trial for, not to acquit	332
not perjury	330
on commission	334
See also—Perjury
FEES
Court, in criminal cases, not lawful	564
FELONY
not distinct from misdemeanour	9
FINE	442
as part of bond	556B
community service order no bar to	443
court may impose less than maximum	556G
cumulative sentences—fine default	443
effect on community service order	556H
instead of imprisonment	431
limit—summary disposal of certain cases	477
Magistrate may impose less than maximum	553
remission of	558
sentences—imprisonment and	430
FINGERPRINT
person in custody	353A
FIREARMS
definition	93
imitation	93
See also—Loaded arms, weapons
FORFEIT
articles dealt with by Public Trustee	350A
articles may be seized	350
articles used in forgery	135F
articles, procedure	464
housebreaking implements	116
sum, application of	555
FORFEITURE
application of, for injury	555
common law, abolished	465
housebreaking implements	116
procedure for	464
Public Trustee	350B
FORGERY
See—Instrument
FORM
discharge of prisoner, certificate of Attorney-General	358
of record after amended indictment	368
prescription by Supreme Court Judges	567
FRAUD
general averment of intent to defraud or injure 	375
intent to defraud averment of	551
making a false invoice	527B
negating consent to sex	92P
See also—Steal, Theft
G
GAIN
definition	93
GARROTTING
See—Choke
GOODS
unlawful possession	527A
GRIEVOUS BODILY HARM
act likely to cause	27 (3)
after abduction	37
by culpable driving	29
childbirth, inflict before	41
definition	4 (1)
device (trap or), by	27 (3)
explosion, corrosive substance	27 (3)
indecency, alternative verdict	92S
inflict	19, 20, 25
intent to inflict—provocation	13
interferes with transport facility	27 (3)
negligently cause	25
possess object with intent to cause	33
recklessly inflict	20
sexual intercourse alternative verdict	92S
threat to cause	31
threat to cause with demands	32
threat, intent, act of indecency	92H
threat, intent, sexual intercourse	92C
threat, intent, sexual intercourse acting in company	92C (2)
to child	41
use of poison	27 (3)
uses an offensive weapon	27 (3)
with intent sexual intercourse	92A
with intent sexual intercourse acting in company	92A (2)
GUILT
doubt as to, convicted person, further inquiry	475
GUNPOWDER
See—Explosive
H
HANDLING
definition	93
HARBOURING
person escaped custody	158
HOMICIDE
death or cause out of the Territory	11
See also—Murder, Manslaughter
HOUSEBREAKING IMPLEMENTS
possession	116
I
IMITATION EXPLOSIVE
definition	93
IMPRISONMENT
unlawful	34
INCEST
offence	92L
INCITEMENT
commission of offence	348
INDECENT EXPOSURE
offence	546B
INDECENCY
act of, in first degree	92F
act of, in second degree	92G
act of, in third degree	92H
act of, person under 10 years	92K
act of, person under 16 years	92K (2)
act of, without consent	92J
act of, without consent, acting in company	92J (2)
actual bodily harm, intent to commit act of	92H
consent negated	92P
grievous bodily harm, intent to commit act of	92F
offence, alternative verdict	92S
threaten bodily harm, intent commit act of	92H
unnecessary to describe act in indictment	92U
INDICTABLE OFFENCE
assault with intention to commit	22
acts endangering life	27 (4)
summary procedure	477
INDICTMENT
accessory	371
accessory, murder or manslaughter	378
added counts	370
administrators	373
after previous conviction	372
amended	366
amendment of	365
conspiracy	393
defect of form not to vitiate	360
definition	4 (1)
demurrer, judgment on	363
description as to stolen money or securities in	151
formal objection, when taken	362
indecency, unnecessary to describe act constituting	92U
intent to defraud or injure	375
joint owners	373
joint stock company	373
murder or manslaughter	376
offence against person, add assault	380
offence against property, document of title evidence	150
perjury	392
previous conviction charged on, evidence	414
sexual intercourse without consent, add indecency	92T
summary conviction or dismissal bar to	481
traverse	364
trial on, alibi	406
trustee	373
written instrument	374
INJURY
apprehension of, recognizance to keep peace	547
INSANITY
acquittal on ground	439
INSTRUMENT
definition	93
description of written	374
false, definition	135A
false, inducement to accept, general allegation	135G
false, possess machine for making	135E
false, possession of	135D
false, use of person’s prejudice	135C
INTENT
possession of offensive weapon with	494
to commit offence, being found with	145
to defraud or injure	375
to defraud or injure, averment of	551
INTERCOURSE
See—Sexual intercourse
INTERPRETER
right to	354
INVOICE
false	527B
J
JURAT
informal or defective, trial for perjury etc.	332
JUDGE
definition	4 (1)
order inquiry as to guilt, convicted person	475
order, recording acquittal verdict	404
JUDGMENT
deferred sentence	441
no stay or reversal for formal defect	472
not reversed, avoided for error of law in sentence	473
on amended indictment	367
reversal of, effect, rights and property	468
JURISDICTION 
death or cause out of Territory	11
Supreme Court, community service order	556W
K
KIDNAPPING	37
See also—Abduction
KILL—INTENT TO
See—Murder
L
LAND
forcible detainer	147
forcible entry	146
LARCENY
See—Steal
LAW, CORRESPONDING
definition	358A
LAW OF THE TERRITORY
definition	4 (1)
LAW, QUESTION OF
reserve, in trial	428
reserved, proceedings when	470
LAWFUL AUTHORITY
onus on accused	417
LAWFUL EXCUSE
appropriation of property	96
damage or destroy property	130
onus on accused	417
take motor vehicle	120
LIABILITY
definition	106
LIFE, ENDANGER
See—Endanger life
LIMITATION OF ACTION
under this Act	563
LOADED ARMS
definition	4 (1), 4 (2)
discharge at person	27 (3)
LOSS
definition	93
M 
MACHINE
definition	155
possess or making false instrument	135E
MAN-HOLE
See—Cellar
MANSLAUGHTER
culpable driving as lesser offence	47
definition	15
indictment	376
provocation	13
punishment	15 (2)
verdict instead of murder	13, 14, 47
MARRIAGE
no bar to conviction sexual intercourse without consent	92R
MASTER
definition	4 (1)
MEDICAL EXAMINATION
person in custody	353A
MEETING, PUBLIC
See—Public meeting
MINE
hinder working of	136
MISCARRIAGE
See—Abortion
MISDEMEANOUR
not distinct from felony	9
MONEY
stolen, allegations in indictment	151
theft, general deficiency sufficient	124
unlawful possession	527A
MOTOR VEHICLE
definition	4 (1), 29 (1), 	120 (4)
MURDER
accessory after fact, punishment	346
alternative verdict of manslaughter	47
alternative verdict of murder	47
definition	12
diminished responsibility	14
indictment	376
possess object with intent to	33
provocation	13
punishment	12
threat to	30
N
NAVIGATION AIDS
interference with	143
NEGLIGENT
act causing grievous bodily harm	25
driving	29 (4)
driving, definition	29 (5)
NEW TRIALS
not liable to be convicted on some facts	29 (9)
regulated	474 (1)
NIGHT
definition	358A
NOISE
abatement directions	546C
O
OATH
authority to administer presumed, perjury trial	423
child not under, false evidence	333
contradictory statements on	331
criminating statement by accused on, admissible	411
false statements on	329-332
OBJECT
in evidence, intergovernmental arrangements	358E
relevant to investigation, definition	358A
OFFENCE TO WHICH ACT APPLIES
definition	358A
OFFENDER
definition	556F
OFFENSIVE BEHAVIOUR
offence	546A
OFFENSIVE WEAPON
definition	4 (1), 93
possession in public place	493
possession with intent	494
use 	27 (3)
OFFICER
definition	4 (1)
OFFICER OF THE COURT
definition	556F
OMISSION
causing grievous bodily harm	25
OWNER
object, in relation to, definition	358A
vehicle, definition	120
P
PARDON
grant of, by Executive	557
PAYMENT
make off without	107
PENALTY
application of	555
instalments, variation of	556D (10)
remission of by Executive	558
PERJURY	327
application of laws	342
false swearing, alternative verdict	329
false swearing, not perjury	330
indictment	392
intent to procure conviction or acquittal	328
prosecution, direction by court	340, 341
trial for, formal defect in evidence	332
trial, authority to administer oath presumed	423
See also—False swearing
PERMIT
escape	358AF
PERSON
aggrieved, compensation	437
at large, offence	358AE
convicted, incapable of holding office	466
definition	4 (1)
in custody, escape	358AC
in custody, search, medical examination, fingerprint, photograph	353A
offence against, assault, added count	380
offering stolen property, apprehension	353
PHOTOGRAPH
person in custody	353A
PLEA
autrefois acquit, autrefois convict	399
not guilty	395
refusal to plead	396
POISON
administer	27 (3), 28 (2)
laying, danger to domestic animals	510A
use of, endanger life or grievous bodily harm	27(3)
use of, to injure or annoy, alternative verdict	47
use of, to injure or cause pain	28 (2)
POLICE
acts, by preventing lawful investigation	27 (4)
drunken persons into custody	351
hinder investigation or arrest	27 (4)
offensive noise	546C
powers of arrest	352
powers of entry	349A-349C
prevent or hinder, with threat to kill etc.	32
public mischief	546E
remove person disrupting meeting	482
seize forfeited article	350
PORNOGRAPHY
employment of young person for	92NA
possession of, child	92NB
POSSESSION
dishonest appropriation, definition	96 (1)
being found with an intent to commit an offence	145
delivery of stolen property held by dealers	118 (1)
disposal of stolen property	119 (2)
handling stolen property	113 (1)
intention to deprive permanently, interpretation	97 (3)
of article with intent to destroy property	133
of child pornography	92NB
of false instrument	135D
of housebreaker's implements	116
of machine for forgery	135E
of object with intent to kill or cause harm	33
of offensive weapon with intent	494
of offensive weapons	493
owner, definition (extra-territorial offences)	358A
police removal of personal possessions of drunken person	351 (2)
of wild animal, definition of property	93
proof of lawful authority	427
proof of, definition of document of title to goods	4 (1)
property belonging to another, definition	95
property in possession on more than one person	149
property, definition (criminal damage)	127 (1)
reparation of stolen goods	437 (2)
stolen property	98 (3)
unlawful	527A
PRECEDENCE, ORDER OF
in criminal action	402
PREGNANCY
concealing birth	45
procure miscarriage	42-44
See also—Abortion
PREJUDICE, ACT TO PERSONS
definition	135B
possession of false instrument	135D
use of false instrument	135C
PREMISES
defacing	131
definition	358A, 527A, 	546C
entry in emergencies	349C
offensive noise from	546C
removal of articles on public exhibition on	144
PREVIOUS CONVICTION
See—Conviction,  previous
PRISONER
aid escape of	358AB
discharge, certificate of Attorney-General	358
escape of	358AC
power of Court to bring before	565
rescue from custody	358AD
PROPERTY
advertise return of stolen, safety from prosecution	117
appropriation of	96
arson	129
belonging to person, interpretation	95
damage or destroy	128
damage or destroy with fire or explosive	129
damage or destroy, intent endanger life	128
defacing premises	131
definition	93, 127
Division 3 offence, alternative verdict	135
intent to deprive owner permanently	97
of Corporation Sole	95 (5)
of joint owners, offence against, indictment	149
of spouse, theft or damage	148
possess article, intent to destroy	133
possession, unlawful	527A
recovery of seized, by owner	358E
stolen, advertising for return	119
stolen, apprehension of person offering	353
stolen, dishonestly received	113
stolen, disposal	119
stolen, interpretation	98
stolen, restitution	437
threat to damage or destroy	132
PROSTITUTION
employ person under 16 years,  for purposes of	92N
PUBLIC EXHIBITION
removal of articles for	144
PUBLIC MEETING
disruption	492
misbehaviour	482
PUBLIC MISCHIEF
calling for investigation	546E
PUBLIC PLACE
definition	8
PUBLIC TRUSTEE
forfeited articles to be dealt with by	350A
PUBLIC UTILITY SERVICE
definition	27 (1)
interfere with, to endanger health, safety or wellbeing	28 (2)
interfere with, to endanger life or cause grievous bodily harm	27 (3)
PUNISHMENT
saving of other	343
Q
R
RAILWAY
obstruct engine	140
offence against	139
offence against, alternative verdict	141
RANSOM
abducting for	37
RECEIPT
false	527B
RECIPROCAL INTERGOVERNMENTAL ARRANGEMENTS
objects in evidence	358E
RECIPROCATING STATE
definition	358A
RECKLESSLY
inflict grievous bodily harm	20
RECOGNIZANCE
to keep the peace	547 (1)
condition, failure to comply with	556C
condition, failure to comply, power of court	556T
conditional discharge	556A, 556C
for good behaviour (defamatory words)	547 (2)
defaulting witness may be admitted to bail	566
discharge or vary condition	556D
perjury	340, 341
recovery of amount where estreated	556E
trial postponed	364, 365, 	369
RECORD
form of, after amended indictment	368
RELEASE
conditional, after conviction	556B
failure to comply with condition of	556C
REPARATION
application of compensation	543
orders for	437
theft, taking motor vehicle	432
RESIST ARREST
by unlawful act	27 (4)
with threat to kill or inflict harm	32
RESTITUTION
stolen property	437
RIVER
bank, removal of material	137
obstruct navigation	138
place obstruction on, danger to person	544
ROBBERY
armed	101
definition	93
See also—Theft
S
SEA-BANK
removal of material	137
SEARCH
person in custody	353A
SEARCH WARRANT
authority conferred by	358C
definition	358A
hindering execution of	358D
issue of	358B
SECURITIES
stolen	151
SEIZURE
forfeit article	350
of dangerous weapon	349D
SENTENCE
cumulative	443
deferred after judgment	441
from when to take effect	441A
imprisonment and fine	430, 431
less amount or duration than fixed	442
mitigation of, witness	424
other offence taken into account	448
previous, to be noted in additional or cumulative	446
Magistrate may impose less than maximum	553
remission of	558
saving of other punishments	343
unexpired for previous offence	443
SERIOUS TERRITORY OFFENCE
conspiring to commit	349 (2)
definition	349 (5)
SERVICE
of documents	556S
SEXUAL ACT
definition	92EA
SEXUAL INTERCOURSE
assault with intent	92C
assault with intent acting in company	92C (2)
bodily harm, with intent	92B
bodily harm, with intent acting in company	92B (2)
consent negated	92P
definition	92
grievous bodily harm, with intent	92A
grievous bodily harm, with intent acting in company	92A (2)
incest	92L
no presumption incapacity by reason of age	92Q
offence, alternative verdict	92S
under age 10 years	92E, 92L
under age 16 years	92E (2)
without consent	92D
without consent, acting in company	92D (2)
without consent, indecency added count	92T
without consent, marriage no bar to conviction	92R
SPOUSE
property of	148
theft or damage to property by other	149
STATEMENT
by accused at trial	405
criminating by accused, admissible	411
STATUTE
definition	359
See also—Act
STATUTES CITED
Australian Capital Territory Supreme Court Act 1933	556D
Children’s Services Act 1986	353A
Crimes Act 1914 of the Commonwealth	157, 448 (10)
Crimes (Amendment) Act No. 2 1986	98 (1)
Director of Public Prosecutions Act 1990	4 (1)
Evidence Ordinance 1971	334
Fines and Penalties Act 1901 (NSW)	556B
Human Rights and Equal Opportunity Commission Act 1986 of 
   the Commonwealth	35
Lunacy Act	439
Magistrates Court Act 1930	437, 477, 	544, 556C, 	556G, 556H, 	556R, 
Motor Traffic Act 1936	29, 432
Motor Traffic (Alcohol and Drugs) Act 1977	29, 354
Proceeds of Crime Act 1991	4 (1), 350A, 	350B 
Supervision of Offenders (Community Service Orders) Act 1985	556F, 556P, 	556Q, 556V
Weapons Act 1991	349D
STEAL
intent to, from child under 12	91
interpretation, stealing	94
motor vehicle, cancellation of licence	432
motor vehicle, compensation	437
with force	100
STEP-CHILD
definition	92L (7)
STOLEN PROPERTY
advertise safety from prosecution for return	117
dishonestly receive	113
disposal	119
in possession of dealer	118
interpretation	98
restitution	437
See also—Property
STRANGLE
See—Choke
STREAM
See—River
SUFFOCATE
See—Choke
SUICIDE
abetting	17
aiding	17
counselling	17
inciting	17
no offence to commit or attempt	16
preventing	18
SUMMARY
Conviction and dismissal or bar to indictment	481
person is act of committing a summary offence may be apprehended	352 (1)
of previous offence to be stated	372
costs are recoverable	547
jurisdiction, alternative methods of proceeding before a Magistrate	548
Magistrates Court jurisdiction preserved	479
definition, offence	476
indictable offence procedure	477
SUPERVISOR
definition	556F
SUPREME COURT
Judges, prescription of forms	567
jurisdiction, community service order	556W
T
TELEGRAPH
definition	4
TELEPHONE
definition	358
THEFT
definition	93
offence	99
money, general deficiency sufficient	124
motor vehicle, cancellation of licence	432
motor vehicle, compensation	437
using force	100
THREAT
and make demands	32
bodily harm intent indecency	92H
bodily harm intent sexual intercourse	92C
damage or destroy property	132
to inflict grievous bodily harm	31
to kill	30
TORTURE	35
TRANSPORT FACILITY
definition	27 (1)
interfere with, to endanger health, safety or well-being	28 (2)
interfere with, to endanger life or cause grievous bodily harm	27 (3)
TRAP
cause grievous bodily harm, by	27 (3)
dangerous to health safety and physical well-being	28 (2)
TRESPASSER
in building with intent to steal	102
TRIAL
new, where joint accused	474
TRUSTEE
definition	4 (1)
in indictment, name one sufficient	373
U
UNLAWFUL
act causing grievous bodily harm	25
UNTRUE REPRESENTATION
apprehension for safety of person or property	134
V
VALUABLE SECURITY
definition	111
execution by deception	111
VEHICLE
definition	120 (4)
owner, definition	120 (4)
steal, take, motor, cancellation of licence	432
steal motor, compensation	437
taking without authority	120
taking without authority, compensation	437
VENUE
change of, Supreme Court empowered	577
VERDICT
alternative, offences against the person	47
alternative, one other offence	427A
alternative, property damage	135
alternative, railway offences	141
alternative, sexual offences	92S
attempt	427
what not sufficient to stay or reverse judgment	472
order recording acquittal	404
valid after amendment	367
of “theft or handling”	126
VESSEL
definition	4 (1)
endanger by false signals	142
VIOLENCE
apprehension of, recognizance to keep peace	547
W
WARRANT
entry—issue of	349B
WARRANT, SEARCH
See—Search warrant
WEAPON
commits burglary with	103
definition	4 (1)
possession of offensive	493
possession of offensive, with intent	494
seizure of by police	349D
WILD ANIMAL
as property	93,127
WITNESS
attendance	475 (2)
in mitigation	424
on recognizance or subpoena	566
WORK
directions to perform, convicted person	556G
WOUNDING
intentionally	21
X
Y
Z

©  Australian Capital Territory 2002