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CRIMINAL CODE 1899 - SECT 1

Definitions

1 Definitions

In this Code—

"adult" means a person of or above the age of 18 years.

"adult entertainment" has the meaning given by the Liquor Act 1992 , section 103N .

"adult entertainment permit" means an adult entertainment permit granted under the Liquor Act 1992 and in force.

"affected child" , for chapter 62 , chapter division 3 , see section 590AD .

"aircraft" includes any machine or apparatus designed to support itself in the atmosphere.
It is immaterial whether the machine or apparatus is incapable of use through mechanical defect or whether any part or parts thereof have been removed for any purpose or by any person.
A flight of an aircraft shall be deemed to commence—

(a) at the time of the closing of the external door of the aircraft last to be closed before the aircraft first moves for the purpose of taking off from any place; or
(b) if paragraph (a) is not applicable—at the time at which the aircraft first moves for the purpose of taking off from any place; and
shall be deemed to end—
(c) at the time of the opening of the external door of the aircraft first to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or
(d) if paragraph (c) is not applicable—at the time at which the aircraft comes to rest after its next landing after the commencement of the flight;
or, if the aircraft is destroyed, or the flight is abandoned, before either paragraph (c) or (d) becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.

"animal" includes any living creature other than mankind.

"anonymising service" , for part 4 , chapter 22 , see section 207A .

"approved manager" means an approved manager under the Prostitution Act 1999 .

"arresting officer"
(a) for chapter 62 , chapter division 3 , see section 590AD ; or
(b) for chapter 62 , chapter division 4A , see section 590E .

"assault"
(a) generally—see section 245 ; or
(b) for chapter 32 —see section 347 .

"associate" , of a lawyer, for chapter 62 , chapter division 3 , see section 590AD .

"benefit" includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.

"bet" or
"make a bet" , for chapter 43 , see section 443 .

"bodily harm" means any bodily injury which interferes with health or comfort.

"brothel licence" has the meaning given by the Prostitution Act 1999 , schedule 4 .

"canal" includes aqueduct.

"carnal knowledge" ...

"child abuse object" , for part 4 , chapter 22 , see section 207A .

"child exploitation material" , for chapter 22 , see section 207A .

"child sexual offence" , for part 4 , chapter 22 , see section 207A .

"circumstance of aggravation" means any circumstance by reason whereof an offender is liable to a greater punishment than that to which the offender would be liable if the offence were committed without the existence of that circumstance.

"circumstances" , for chapter 33A , see section 359A .

"classification officer" ...

"classified" , for chapter 22 , see section 207A .

"clerk" and
"servant" include any person employed for any purpose as or in the capacity of a clerk or servant, or as a collector of money, although temporarily only, or although employed also by other persons than the person alleged to be the person’s employer, or although employed to pay as well as receive money, and any person employed as or in the capacity of a commission agent for the collection or disbursement of money, or in any similar capacity, although the person has no authority from the person’s employer to receive money or other property on the employer’s account.

"committal for trial" includes committal for sentence.

"Commonwealth Classification Act" , for chapter 22 , see section 207A .

"company" means an incorporated company.

"computer game" , for chapter 22 , see section 207A .

"computer generated image" means electronically recorded data capable, by way of an electronic device, of being produced on a computer monitor, television screen, liquid crystal display or similar medium as an image, including an image in the form of text.

"conduct" , for chapter 23 , see section 230A .

"consent" , for chapter 32 , see section 348 .

"consort" , for part 2 , chapter 9A , see section 77A .

"conviction" , for part 2 , chapter 9A , see section 77 .

"court" , for chapter 62 , chapter division 3 , see section 590AD .

"crematorium" includes the land or water where the crematorium is situated.

"criminal history" , for chapter 62 , chapter division 3 , see section 590AD .

"criminal organisation" see the Penalties and Sentences Act 1992 , section 161O .

"criminal responsibility" means liability to punishment as for an offence.

"criminally responsible" means liable to punishment as for an offence.

"Crown Law Officer" means the Attorney-General or director of public prosecutions.

"damage" , in relation to a document, includes—
(a) obliterate the document; and
(b) make the whole document or part of the document illegible or irrecoverable.

"detriment"
(a) caused to a person, includes detriment caused to a person’s property; and
(b) for chapter 33A , see section 359A .

"disclose" ...

"disclosure obligation" , for chapter 62 , chapter division 4A , see section 590E .

"disclosure obligation direction" , for chapter 62 , chapter division 4A , see section 590E .

"distribute" , for part 4 , chapter 22 , see section 207A .

"document" includes—
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols, codes, perforations or anything else having a meaning for a person qualified to interpret them; and
(c) a record.

"domestic relationship" means a relevant relationship under the Domestic and Family Violence Protection Act 2012 , section 13 .
Example—
Under the Domestic and Family Violence Protection Act 2012 , section 13 , a relevant relationship means an intimate personal relationship, a family relationship or an informal care relationship, as defined under that Act.

"domestic violence offence" means an offence against an Act, other than the Domestic and Family Violence Protection Act 2012 , committed by a person where the act done, or omission made, which constitutes the offence is also—
(a) domestic violence or associated domestic violence, under the Domestic and Family Violence Protection Act 2012 , committed by the person; or
(b) a contravention of the Domestic and Family Violence Protection Act 2012 , section 177 (2) .
Example—
Under the Domestic and Family Violence Protection Act 2012 , section 177 (2) , a respondent against whom a domestic violence order has been made under that Act must not contravene the order.

"DPP presenter" , for chapter 60 , see section 559A .

"dwelling" includes any building or structure, or part of a building or structure, which is for the time being kept by the owner or occupier for the residence therein of himself or herself, his or her family, or servants, or any of them, and it is immaterial that it is from time to time uninhabited.
A building or structure adjacent to, and occupied with, a dwelling is deemed to be part of the dwelling if there is a communication between such building or structure and the dwelling, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise.

"encourage" , for chapter 43 , see section 443 .

"end" , of the proceedings for a relevant charge, for chapter 62 , chapter division 3 , see section 590AD .

"engage" , in penile intercourse, see section 6 (2) .

"Evidence Act section 93A device statement" , for chapter 62 , chapter division 3 , see section 590AD .

"exculpatory thing" , for chapter 62 , chapter division 3 , see section 590AD .

"explosive substance" includes a gaseous substance in such a state of compression as to be capable of explosion.

"family" , for chapter 16 , see section 119A .

"film" , for chapter 22 , see section 207A .

"forge" a document, means make, alter or deal with the document so that the whole of it or a material part of it—
(a) purports to be what, or of an effect that, in fact it is not; or
(b) purports to be made, altered or dealt with by a person who did not make, alter or deal with it or by or for some person who does not, in fact exist; or
(c) purports to be made, altered or dealt with by authority of a person who did not give that authority; or
(d) otherwise purports to be made, altered or dealt with in circumstances in which it was not made, altered or dealt with.

"genitalia" includes surgically constructed genitalia.

"grievous bodily harm" means—
(a) the loss of a distinct part or an organ of the body; or
(b) serious disfigurement; or
(c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health;
whether or not treatment is or could have been available.

"have in possession" ...

"hidden network" , for part 4 , chapter 22 , see section 207A .

"indecent matter" includes indecent film, videotape, audiotape, picture, photograph or printed or written matter.

"indictment" means a written charge preferred against an accused person in order to the person’s trial before some court other than justices exercising summary jurisdiction.

"information" , for part 4 , chapter 22 , see section 207A .

"inland water" includes river, canal and reservoir.

"intellectually impaired person" ...

"intimate image" , for part 4 , chapter 22 , see section 207A .

"judicial officer" includes—
(a) an arbitrator, or umpire, appointed in relation to an arbitration in which evidence may be taken on oath; and
(b) a member of a tribunal established under an Act to perform judicial functions or judicial functions and other functions; and
(c) a person conducting a hearing of the Crime and Corruption Commission under the Crime and Corruption Act 2001 , chapter 4 ; and
(d) a justice of the peace constituting a court.

"judicial proceeding" , for chapter 16 , see section 119 .

"knowingly" , used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used.

"law enforcement agency" means—
(a) the Queensland Police Service; or
(b) the Office of the Director of Public Prosecutions; or
(c) the Crime and Corruption Commission; or
(d) any other entity of—
(i) another State; or
(ii) the Commonwealth;
that performs a similar function to an entity in paragraphs (a) to (c).

"law enforcement officer" means—
(a) a member or officer of a law enforcement agency, including a person appearing for the director under the Director of Public Prosecutions Act 1984 , section 10 (4) ; or
(b) a person who is authorised, in writing, by the commissioner of the police service, or the chairperson of the Crime and Corruption Commission, to help a member or officer of a law enforcement agency; or
(c) a person who belongs to a class of persons that is authorised, in writing, by the commissioner of the police service, or the chairperson of the Crime and Corruption Commission, to help a member or officer of a law enforcement agency.

"liable" , used alone, means liable on conviction upon indictment.

"licensed brothel" has the meaning given by the Prostitution Act 1999 , schedule 4 .

"licensee" , for a licensed brothel, means the person who holds the brothel licence for the brothel under the Prostitution Act 1999 .

"mail" ...

"mail conveyance" ...

"match-fixing arrangement" , for chapter 43 , see section 443 .

"match-fixing conduct" , for chapter 43 , see section 443 .

"material" , for chapter 22 , see section 207A .

"money" includes bank notes, bank drafts, cheques, and any other orders, warrants, authorities, or requests, for the payment of money.

"motor vehicle" includes any machine or apparatus designed for propulsion wholly or partly by gas, motor spirit, oil, electricity, steam or other mechanical power, and also includes a motor cycle, or a caravan, caravan trailer or other trailer designed to be attached to a motor vehicle.
It is immaterial whether the machine or apparatus is incapable of use through mechanical defect or whether any part or parts thereof have been removed for any purpose or by any person.

"network" , for part 4 , chapter 22 , see section 207A .

"night" or
"night-time" means the interval between 9p.m. and 6a.m.

"observe" , for chapter 22 , see section 207A .

"occupier" , for chapter 23 , see section 230A .

"offence" see section 2 .

"original evidence" , for chapter 62 , chapter division 3 , see section 590AD .

"participant" , in a criminal organisation, see the Penalties and Sentences Act 1992 , section 161P .

"party" , for chapter 62 , chapter division 4A , see section 590E .

"penetrate" , for chapter 32 , see section 347 .

"penile intercourse" see section 6 (1) .

"penis" includes a surgically constructed penis, whether provided for a male or female.

"person" and
"owner" , and other like terms, when used with reference to property, include corporations of all kinds, and any other associations of persons capable of owning property, and also, when so used, include Her Majesty.

"person employed in the public service" includes police officers, staff members under the Ministerial and Other Office Holder Staff Act 2010 and persons employed to execute any process of a court of justice, and also includes the chief executive officer of a rail government entity and persons employed by a rail government entity.

"person with an impairment of the mind" means a person with a disability that—
(a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and
(b) results in—
(i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and
(ii) the person needing support.

"picture" includes image including computer generated image.

"place" , for chapter 23 , see section 230A .

"police officer" ...

"port" includes harbour and dock.

"possession" includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.

"possession of the prosecution" , for chapter 62 , chapter division 3 , see section 590AE .

"Post and Telegraph Department" ...

"Postmaster-General" ...

"post office" and
"telegraph office" ...

"premises" includes—
(a) a building or structure, or part of a building or structure, of any type; and
(b) a group of, or part of a group of, buildings or structures, of any type; and
(c) the land or water where a building or structure or a group of buildings or structures is situated; and
(d) a vehicle, or a caravan; and
(e) a tent, or a cave; and
(f) premises in which more than 1 person has ownership.

"prescribed summary trial" , for chapter 62 , chapter division 3 , see section 590AD .

"private act" , for chapter 22 , see section 207A .

"private place" , for chapter 22 , see section 207A .

"prohibited visual recording" , for part 4 , chapter 22 , see section 207A .

"property" includes—
(a) every thing animate or inanimate that is capable of being the subject of ownership; and
(b) money; and
(c) electrical or other energy, gas and water; and
(d) a plant; and
(e) an animal that is—
(i) a tame animal, whether or not naturally tame; or
(ii) an untamed animal of a type that, if kept, is usually kept confined; or
(iii) an untamed animal in a person’s possession or being pursued for return to possession after escape; and
(f) a thing produced by an animal mentioned in paragraph (e) ; and
(g) any other property real or personal, legal or equitable, including things in action and other intangible property.

"property" , of a person, for chapter 33A , see section 359A .

"prosecution"
(a) for chapter 62 , chapter division 3 , see section 590AD ; or
(b) for chapter 62 , chapter division 4A , see section 590E .

"prostitution" has the meaning given by section 229E .

"publication" , for chapter 22 , see section 207A .

"public officer" means a person other than a judicial officer, whether or not the person is remunerated—
(a) discharging a duty imposed under an Act or of a public nature; or
(b) holding office under or employed by the Crown;
and includes, whether or not the person is remunerated—
(c) a person employed to execute any process of a court; and
(d) a public service employee; and
(e) a person appointed or employed under any of the following Acts—
(i) the Police Service Administration Act 1990 ;
(ii) the Transport Infrastructure Act 1994 ; and
(f) a member, officer, or employee of an authority, board, corporation, commission, local government, council, committee or other similar body established for a public purpose under an Act.

"public place" , for chapter 23 , see section 230A .

"rail GOC" ...

"rail government entity" see the Transport Infrastructure Act 1994 , schedule 6 .

"railway" includes every kind of way on which vehicles are borne upon a rail or rails, whatever may be the means of propulsion.

"recognised offender" , for part 2 , chapter 9A , see section 77 .

"record" means any thing or process—
(a) on or by which information is recorded or stored; or
(b) by means of which sounds, images, writings, messages or anything else having meaning can be conveyed in any way in a visible or recoverable form;
even if the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning.

"recorded statement" , for chapter 62 , chapter division 3 , see section 590AD .

"registered brand" and
"registered mark" mean respectively a brand or mark which is registered under the authority of the laws relating to brands and each such registered brand or registered mark shall for the purposes of this Code be deemed to be the registered brand or registered mark respectively of the person in whose name such brand or mark is registered.
However, where such brand or mark is registered in the names of 2 or more persons such registered brand or registered mark shall for the purposes of this Code be deemed to be the registered brand or registered mark respectively of each of such persons.

"relevant charge" , for chapter 62 , chapter division 3 , see section 590AD .

"relevant offence" , for part 2 , chapter 9A , see section 77 .

"relevant proceeding" , for chapter 62 , chapter division 3 , see section 590AD .

"religious confession" , for part 4 , chapter 22 , see section 207A .

"sensitive evidence" , for chapter 62 , chapter division 3 , see section 590AF .

"serious disease" means a disease that would, if left untreated, be of such a nature as to—
(a) cause or be likely to cause any loss of a distinct part or organ of the body; or
(b) cause or be likely to cause serious disfigurement; or
(c) endanger or be likely to endanger life, or to cause or be likely to cause permanent injury to health;
whether or not treatment is or could have been available.

"sexual act" ...

"ship" includes every kind of vessel used in navigation not propelled by oars.

"someone" , for chapter 22 , see section 207A .

"spent conviction" ...

"sporting contingency" , for chapter 43 , see section 443 .

"sporting event" , for chapter 43 , see section 443 .

"stalked person" , for chapter 33A , see section 359B (a) .

"statement" , for chapter 62 , chapter division 3 , see section 590AD .

"state of undress" , for chapter 22 , see section 207A .

"stock" means any of the following animals or their young—
(a) horse, asses, mules or camels;
(b) cattle, oxen or buffalo;
(c) sheep;
(d) swine;
(e) deer;
(f) goats.

"summary conviction" means summary conviction before a Magistrates Court.

"telegram" and
"thing sent by telegraph" ...

"telegraph" ...

"the offender can not be arrested without warrant" see section 5 (3) .

"the offender may be arrested without warrant" see section 5 (1) .

"thing sent by post" ...

"trial" includes a proceeding wherein a person is to be sentenced.

"uncorroborated testimony" means testimony which is not corroborated in some material particular by other evidence implicating the accused person.

"unlawful game" , for chapter 23 , see section 230A .

"unlawful stalking, intimidation, harassment or abuse" , for chapter 33A , see sections 359B and 359D .

"utter" means and includes using or dealing with, and attempting to use or deal with, and attempting to induce any person to use, deal with, or act upon, the thing in question.

"vagina" includes a surgically constructed vagina, whether provided for a male or female.

"valuable security" includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property.

"vehicle" includes—
(a) a motor vehicle, train, aircraft, or vessel; or
(b) anything else used or to be used to carry persons or goods from place to place.

"vessel" includes a ship, or boat, and every other kind of vessel used in navigation.

"view" , for chapter 62 , chapter division 3 , see section 590AD .

"visually record" , for chapter 22 , see section 207A .

"vulva" includes a surgically constructed vulva, whether provided for a male or female.

"woman" includes any female.

"writing" includes any way of representing or reproducing in a visible form any word, inscription, signature or other mark.



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