Victorian Current Acts

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CRIMES ACT 1958


TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Repeals and savings  
   2A.     Definitions  
   2B.     Offences under this Act deemed to be indictable offences  

   PART I--OFFENCES

           Division 1--Offences against the person

   3.      Punishment for murder  
   3A.     Unintentional killing in the course or furtherance of a crime of violence  
   3B.     Provocation no longer a partial defence to murder  
   4A.     Manslaughter—single punch or strike taken to be dangerous act  
   5.      Punishment of manslaughter  
   5A.     Child homicide  
   5B.     Homicide by firearm  
   5C.     Relationship between manslaughter, child homicide and homicide by firearm  
   6.      Infanticide  
   6A.     Suicide no longer a crime  
   6B.     Survivor of suicide pact who kills deceased party is guilty of manslaughter  
   8.      Petit treason  
   9.      Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria  
   9AA.    Abolition of year-and-a-day rule  
   9A.      Treason  
   15.     Definitions  
   15A.    Causing serious injury intentionally in circumstances of gross violence  
   15B.    Causing serious injury recklessly in circumstances of gross violence  
   15C.    Other offenders need not be prosecuted  
   16.     Causing serious injury intentionally  
   17.     Causing serious injury recklessly  
   18.     Causing injury intentionally or recklessly  
   19.     Offence to administer certain substances  
   20.     Threats to kill  
   21.     Threats to inflict serious injury  
   21A.    Stalking  
   22.     Conduct endangering life  
   23.     Conduct endangering persons  
   24.     Negligently causing serious injury  
   25.     Setting traps etc. to kill  
   26.     Setting traps etc. to cause serious injury  
   27.     Extortion with threat to kill  
   28.     Extortion with threat to destroy property etc.  
   29.     Using firearm to resist arrest etc.  
   30.     Threatening injury to prevent arrest  
   31.     Assaults  
   31A.    Use of firearms in the commission of offences  
   31B.    Being armed with criminal intent  
   31C.    Discharging a firearm reckless to safety of a police officer or a protective services officer  
   31D.    Intimidation of a law enforcement officer or a family member of a law enforcement officer  
   32.     Offence to perform female genital mutilation  
   33.     Offence to take a person from the State with the intention of having prohibited female genital mutilation performed  
   34.     Consent not a defence to a charge under sections 32 or 33  
   34A.    Exceptions to offences under section 32  
   34AB.   Definitions  
   34AC.   Guiding principles  
   34AD.   Non-fatal strangulation intentionally causing injury  
   34AE.   Non-fatal strangulation  
   34AF.   Sexual activity and consent defence to offence of non-fatal strangulation  
   34AG.   Sexual activity and consent defence—meaning of consent  
   34AH.   Sexual activity and consent defence—circumstances in which a person does not consent  
   34AI.   Sexual activity and consent defence—reasonable belief in consent  
   34AJ.   Sexual activity and consent defence—effect of intoxication on standard to be applied in determining reasonable belief  
   34AK.   No defence of mistaken but honest and reasonable belief regarding relationship  
   34AL.   Review of amendments made by Crimes Amendment (Non-fatal Strangulation) Act 2023  
   34B.    Sexual activity with the corpse of a human being  
   34BA.   Removal of body parts from the corpse of a human being  
   34BB.   Offensive conduct involving human remains  
   34BC.   Location of corpse or human remains immaterial  
   34BD.   Exceptions  
   34BE.   No defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive  
   35.     Definitions  
   35A.    Sexual penetration  
   35B.    Touching  
   35C.    Taking part in a sexual act  
   35D.    Sexual activity  
   36.     Consent  
   36AA.   Circumstances in which a person does not consent  
   36A.    Reasonable belief in consent  
   36B.    Effect of intoxication on standard to be applied in determining reasonable belief  
   37.     Care, supervision or authority  
   37A.    Objectives of Subdivisions (8A) to (8G)  
   37B.    Guiding principles  
   38.     Rape  
   39.     Rape by compelling sexual penetration  
   40.     Sexual assault  
   41.     Sexual assault by compelling sexual touching  
   42.     Assault with intent to commit a sexual offence  
   43.     Threat to commit a sexual offence  
   44.     Procuring sexual act by threat  
   45.     Procuring sexual act by fraud  
   46.     Administration of an intoxicating substance for a sexual purpose  
   47.     Abduction or detention for a sexual purpose  
   48.     Sexual activity directed at another person  
   48A.    Exceptions—medical, hygienic, veterinary, agricultural or scientific purposes  
   48B.    No defence of mistaken but honest and reasonable belief that touching or activity was not sexual  
   49A.    Sexual penetration of a child under the age of 12  
   49B.    Sexual penetration of a child under the age of 16  
   49C.    Sexual penetration of a child aged 16 or 17 under care, supervision or authority  
   49D.    Sexual assault of a child under the age of 16  
   49E.    Sexual assault of a child aged 16 or 17 under care, supervision or authority  
   49F.    Sexual activity in the presence of a child under the age of 16  
   49G.    Sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority  
   49H.    Causing a child under the age of 16 to be present during sexual activity  
   49I.    Causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity  
   49J.    Persistent sexual abuse of a child under the age of 16  
   49K.    Encouraging a child under the age of 16 to engage in, or be involved in, sexual activity  
   49L.    Encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity  
   49M.    Grooming for sexual conduct with a child under the age of 16  
   49N.    Loitering near schools etc. by sexual offender  
   49O.    Failure by a person in authority to protect a child from a sexual offence  
   49P.    Abduction or detention of a child under the age of 16 for a sexual purpose  
   49Q.    Causing or allowing a sexual performance involving a child  
   49R.    Inviting or offering a sexual performance involving a child  
   49S.    Facilitating a sexual offence against a child  
   49T.    Exception to sexual penetration offences—medical or hygienic purposes  
   49U.    Exceptions to offences against children under 16—similarity in age  
   49V.    Defence to offence against a child under 16—similarity in age  
   49W.    Defences to offences against children under 16—reasonable belief as to age  
   49X.    Defences to offences against children aged 16 or 17 or under 18—reasonable belief as to age  
   49Y.    Exceptions to offences against children aged 16 or 17—marriage or domestic partnership  
   49Z.    Defences to offences against children aged 16 or 17—reasonable belief as to marriage or domestic partnership  
   49ZA.   Defences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority  
   49ZB.   Exception to loitering offence  
   49ZC.   No defence of mistaken but honest and reasonable belief of certain matters  
   50A.    Definitions  
   50B.    Rebuttable presumption as to family relationship  
   50C.    Sexual penetration of a child or lineal descendant  
   50D.    Sexual penetration of a step-child  
   50E.    Sexual penetration of a parent, lineal ancestor or step-parent  
   50F.    Sexual penetration of a sibling or half‑sibling  
   50G.    Exception—medical or hygienic purposes  
   50H.    Defence—accused did not consent  
   50I.    Exception to offences against section 50D  
   50J.    Exceptions to offences against section 50E  
   50K.    Consent not a defence  
   51A.    Definitions  
   51B.    Involving a child in the production of child abuse material  
   51C.    Producing child abuse material  
   51D.    Distributing child abuse material  
   51E.    Administering a website used to deal with child abuse material  
   51F.    Encouraging use of a website to deal with child abuse material  
   51G.    Possession of child abuse material  
   51H.    Accessing child abuse material  
   51I.    Assisting a person to avoid apprehension  
   51J.    Exception—administration of the law  
   51K.    Exception—classification  
   51L.    Defence of artistic merit or public benefit  
   51M.    Exceptions applying to children  
   51N.    Defence applying to children  
   51O.    Defence—image of oneself  
   51P.    Defence—accused not more than 2 years older than 16 or 17 year old child and acts with child's consent  
   51Q.    Defence—marriage or domestic partnership  
   51R.    Defence—reasonable belief in marriage or domestic partnership  
   51S.    Defence—reasonable steps to prevent use of a website for child abuse material  
   51T.    Defence—unsolicited possession  
   51U.    No defence of mistaken but honest and reasonable belief that child abuse material not offensive  
   51V.    Use of random sample evidence in child abuse material cases  
   51W.    Application for child abuse material disposal order  
   51X.    Child abuse material disposal order  
   51Y.    Disposal of thing or material by consent  
   52A.    Definitions  
   52B.    Sexual penetration of a person with a cognitive impairment or mental illness  
   52C.    Sexual assault of a person with a cognitive impairment or mental illness  
   52D.    Sexual activity in the presence of a person with a cognitive impairment or mental illness  
   52E.    Causing a person with a cognitive impairment or mental illness to be present during sexual activity  
   52F.    Exceptions to sexual penetration offence—medical, hygienic, veterinary, agricultural or scientific purposes  
   52G.    Exception—marriage or domestic partnership  
   52H.    Defence—reasonable belief in marriage or domestic partnership  
   52I.    Defence—reasonable belief a person does not have a cognitive impairment or mental illness  
   52J.    Defence—reasonable belief the service provider does not provide treatment or support services to the person with a cognitive impairment or mental illness  
   52K.    No defence of mistaken but honest and reasonable belief of certain matters  
   53A.    Definitions  
   53B.    Using force, threat etc. to cause another person to provide commercial sexual services  
   53C.    Causing another person to provide commercial sexual services in circumstances involving sexual servitude  
   53D.    Conducting a business in circumstances involving sexual servitude  
   53E.    Aggravated sexual servitude  
   53F.    Deceptive recruiting for commercial sexual services  
   53G.    Aggravated deceptive recruiting for commercial sexual services  
   53H.    Causing or inducing a child to take part in commercial sexual services  
   53I.    Obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child  
   53J.    Agreement for provision of commercial sexual services by a child  
   53K.    Allowing a child to take part in commercial sexual services  
   53L.    Forcing a person into or to remain in commercial sexual service  
   53M.    Forcing a person to provide financial support out of commercial sexual services  
   53N.    Living on the earnings of a person providing unlawful commercial sexual services  
   53O.    Definitions  
   53P.    Meaning of consent  
   53Q.    Circumstances in which a person does not consent  
   53R.    Producing intimate image  
   53S.    Distributing intimate image  
   53T.    Threat to distribute intimate image  
   53U.    Community standards of acceptable conduct  
   53V.    No defence of honest and reasonable mistake  
   53W.    Consent of Director of Public Prosecutions required if accused is under 16 years of age  
   53X.    Application for intimate image disposal order  
   53Y.    Notice of application for intimate image disposal order and entitlement to appear  
   53Z.    Intimate image disposal order  
   53ZA.   Appeal against intimate image disposal order  
   53ZB.   Disposal of thing or material by consent  
   54A.    Bestiality  
   54B.    Exception—veterinary, agricultural or scientific research  
   54C.    Abolition of common law offence of wilful exposure  
   62.     Abrogation of obsolete rules of law  
   63.     Child stealing  
   63A.    Kidnapping  
   64.     Bigamy  
   65.     Abortion performed by unqualified person  
   66.     Abortion—Abolition of common law offences  
   67.     Concealing birth of a child  

           Division 1A--Piracy

   70A.    Piracy with violence  
   70B.    Piratical acts  
   70C.    Trading etc. with pirates  
   70D.    Being found on board piratical vessel and unable to prove non‑complicity  

           Division 2--Theft and similar or associated offences

   71.     Definitions  
   72.     Basic definition of theft  
   73.     Further explanation of theft  
   74.     Theft  
   74AA.   Theft of firearm  
   75.     Robbery  
   75A.    Armed robbery  
   76.     Burglary  
   77.     Aggravated burglary  
   77A.    Home invasion  
   77B.    Aggravated home invasion  
   77C.    Alternative verdict for charge of aggravated home invasion  
   78.     Removal of articles from places open to the public  
   79.     Carjacking  
   79A.    Aggravated carjacking  
   80.     Unlawfully taking control of an aircraft  
   80A.    Extra-territorial offences  
   81.     Obtaining property by deception  
   82.     Obtaining financial advantage by deception  
   83.     False accounting  
   83A.    Falsification of documents  
   83B.    Abolition of common law offences of forgery and uttering  
   84.     Liability of company officers for certain offences by company  
   85.     False statements by company directors etc.  
   86.     Suppression etc. of documents  
   87.     Blackmail  
   88.     Handling stolen goods  
   88A.    Alternative charges of theft and handling stolen goods  
   89.     Advertising rewards for return of goods stolen or lost  
   90.     Scope of offences relating to stolen goods  
   91.     Going equipped for stealing etc.  
   92.     Search for stolen goods  
   93.     Procedure and evidence  
   95.     Husband and wife  
   175.    Definitions[5]  
   176.    Receipt or solicitation of secret commission by an agent an indictable offence[6]  
   177.    Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to agent[7]  
   178.    Giving or receiving false or misleading receipt or account an indictable offence[8]  
   179.    Gift or receipt of secret commission in return for advice given[9]  
   180.    Secret commission to trustee in return for substituted appointment[10]  
   181.    Aiding and abetting offences within or outside Victoria[11]  
   182.    Liability of directors etc. acting without authority[12]  
   184.    Protection of witness giving answers criminating himself[13]  
   185.    Stay of proceedings against such witness[14]  
   186.    Custom of itself no defence[15]  
   191.    Fraudulently inducing persons to invest money  

           Division 2AA--Identity crime

   192A.   Definitions  
   192B.   Making, using or supplying identification information  
   192C.   Possession of identification information  
   192D.   Possession of equipment used to make etc. identification documentation  
   192E.   Not an offence to attempt to commit an identity crime offence  

           Division 2A--Money laundering etc.

   193.    Definitions  
   194.    Dealing with proceeds of crime  
   195.    Dealing with property suspected of being proceeds of crime  
   195A.   Dealing with property which subsequently becomes an instrument of crime  

           Division 2B--Cheating at gambling

   195B.   Interpretation  
   195C.   Engaging in conduct that corrupts or would corrupt a betting outcome of event or event contingency  
   195D.   Facilitating conduct that corrupts or would corrupt a betting outcome of event or event contingency  
   195E.   Concealing conduct, agreement or arrangement  
   195F.   Use of corrupt conduct information for betting purposes  

           Division 2C--Offences against public order and grossly offensive public conduct

   195G.   Abolition of certain common law offences against public order  
   195H.   Affray  
   195I.   Violent disorder  
   195J.   Abolition of common law offence of outraging public decency  
   195K.   Grossly offensive public conduct  
   195L.   Consent of Director of Public Prosecutions required  

           Division 3--Criminal damage to property

   196.    Definition  
   197.    Destroying or damaging property  
   197A.   Arson causing death  
   198.    Threats to destroy or damage property  
   199.    Possessing anything with intent to destroy or damage property  
   201.    Lawful excuse  
   201A.   Intentionally or recklessly causing a bushfire  
   202.    Jurisdiction of magistrates' courts  
   206.    Rioters demolishing buildings[16]  
   207.    Forcible entry  
   225.    Conveying water into a mine  
   228.    Removing etc. piles of sea banks  
   232.    Placing things on railways to obstruct or overturn engine etc.[17]  
   233.    Obstructing engine, carriage etc. on railway[18]  
   244.    Altering signals or exhibiting false ones  
   245.    Removing buoy etc.  
   246A.   Endangering safe operation of an aircraft  
   246B.   Setting fire etc. to aircraft  
   246C.   Endangering safety of aircraft  
   246D.   Dangerous goods on aircraft  
   246E.   Threats to safety of aircraft  
   247.    False statements  
   247A.   Interpretation  
   247B.   Unauthorised access, modification or impairment with intent to commit serious offence  
   247C.   Unauthorised modification of data to cause impairment  
   247D.   Unauthorised impairment of electronic communication  
   247E.   Possession of data with intent to commit serious computer offence  
   247F.   Producing, supplying or obtaining data with intent to commit serious computer offence  
   247G.   Unauthorised access to or modification of restricted data  
   247H.   Unauthorised impairment of data held in computer disk, credit card or other device  
   247I.   Extra-territorial operation of offences  
   247J.   Interpretation  
   247K.   Sabotage  
   247L.   Threats to sabotage  

           Division 4--Contamination of goods

   248.    Interpretation  
   249.    Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss  

           Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section

   250.    Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss  

           Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section.

   251.    Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss  

           Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section.

   252.    Territorial nexus for offences  

           Division 5--Destruction of evidence

   253.    Definitions  
   254.    Destruction of evidence  
   255.    Corporate criminal responsibility for offence against section 254  

           Division 5A--Intimidation and reprisals relating to witnesses, etc.

   256.    Interpretation  
   257.    Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding  

           Division 6--Perjury

   314.    Perjury  
   315.    All evidence material with respect to perjury  

           Division 7--Unlawful oaths

   316.    Unlawful oaths to commit treason, murder etc.  

           Division 8--Offences connected with explosive substances[19]

   317.    Offences connected with explosive substances  
   317A.   Bomb hoaxes  

           Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section.

           Division 8A--Driving offences connected with emergency workers, custodial officers, youth justice custodial workers and emergency service vehicles

   317AB.  Interpretation  
   317AC.  Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving  
   317AD.  Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving  
   317AE.  Recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving  
   317AF.  Aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving  
   317AG.  Damaging an emergency service vehicle  

           Division 9--Driving offences connected with motor vehicles

   317B.   Interpretation  
   318.    Culpable driving causing death  
   319.    Dangerous driving causing death or serious injury  
   319AA.  Dangerous or negligent driving while pursued by police  

           Division 9AA--Offences connected with dangerous, menacing and restricted breed dogs and related court powers

   319A.   Definitions  
   319B.   Failure to control dangerous, menacing or restricted breed dog that kills person  
   319C.   Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death  
   319D.   Court may disqualify person from owning or being in charge or control of a dog  
   319E.   Search warrant for failure to comply with court order  
   319F.   Certain sections of the Domestic Animals Act 1994 apply to search warrant under this section  
   319G.    Order under section 319D may be suspended  
   319H.   Person subject to order under section 319D may apply for variation, suspension or revocation of order  
   319I.   Power of court to vary etc. order under section 319D  
   319J.   Person may not make another application for variation, suspension or revocation of order for 12 months  
   319K.   Orders under section 319D are to operate consecutively  
   319L.   Person must comply with order under section 319D  

           Division 9A--Penalties for certaincommon law offences

   320.    Maximum term of imprisonment for certain common law offences  
   320A.   Maximum term of imprisonment for common assault in certain circumstances  

           Division 10--Conspiracy

   321.    Conspiracy to commit an offence  
   321A.   Agreements to commit offences outside Victoria  
   321B.   As to consequences of acquittal of co-conspirators  
   321C.   Penalties for conspiracy  
   321D.   Application of certain provisions  
   321E.   Limitations on prosecution  
   321F.   Abolition of certain offences of conspiracy at common law  

           Division 11--Incitement

   321G.   Incitement  
   321H.   Incitement to commit offences outside Victoria  
   321I.   Penalties for incitement  
   321J.   Application of certain provisions  
   321K.   Limitations on prosecution  
   321L.   Incitement at common law abolished  

           Division 11A--Recruiting a child to engage in criminal activity

   321LA.  Definitions  
   321LB.  Recruiting a child to engage in criminal activity  
   321LC.  Child need not engage in conduct or be prosecuted or found guilty of an offence  
   321LD.  Limitation on prosecution  

           Division 12--Attempts

   321M.   Attempt  
   321N.   Conduct constituting attempt  
   321O.   Attempts to commit offence outside Victoria  
   321P.   Penalties for attempt  
   321Q.   Limitations on prosecution  
   321R.   Application of Division  
   321S.   Abolition of attempt at common law  

   PART IA--ABOLITION OF OBSOLETE OFFENCES

   322A.   Maintenance and certain other offences abolished  

   PART IB--ABOLITION OF HISTORICAL CLASSIFICATIONS

   322B.   Abolition of distinctions between felony and misdemeanour  
   322C.   Nomenclature  
   322D.   Transitional provisions  
   322E.   Treason and misprision of treason not affected  
   322F.   Other enactments not affected  

   PART IC--SELF-DEFENCE, DURESS, SUDDEN OREXTRAORDINARY EMERGENCY AND INTOXICATION

           Division 1--General

   322G.   Application of Part  
   322H.   Definitions  
   322I.   Onus of proof  
   322J.   Evidence of family violence  

           Division 2--Self-defence

   322K.   Self-defence  
   322L.   Self-defence does not apply to a response to lawful conduct  
   322M.   Family violence and self-defence  
   322N.   Abolition of self-defence at common law  

           Division 3--Duress

   322O.   Duress  
   322P.   Family violence and duress  
   322Q.   Abolition of duress at common law  

           Division 4--Sudden or extraordinary emergency

   322R.   Sudden or extraordinary emergency  
   322S.   Abolition of necessity at common law  

           Division 5--Intoxication

   322T.   Intoxication  

   PART II--OFFENDERS

           Division 1--Abettors, accessories andconcealers of offences

   323.    Interpretation  
   324.    Person involved in commission of offence taken to have committed the offence  
   324A.   Other offenders need not be prosecuted or found guilty  
   324B.   Offender's role need not be determined  
   324C.   Abolition of certain aspects of complicity at common law  
   325.    Accessories  
   326.    Concealing offences for benefit  
   327.    Failure to disclose sexual offence committed against child under the age of 16 years  
   328.    Protection of those who disclose under section 327  
   329.    Evidence and legal proceedings  
   330.    Confidentiality  

           Division 3--Criminal liability of married persons

   336.    Marital coercion  
   337.    Misprision  
   338.    Accessory after the fact  
   339.    Conspiracy and incitement  

   PART IIA--EXTRA-TERRITORIAL OFFENCES

   340.    Definitions  
   341.    Issue of search warrant  
   342.    Authority conferred by and other incidents of a search warrant  
   343.    Obstruction  
   344.    Ministerial arrangements for transmission and return of seized objects  
   345.    Regulations  

   PART III--PROCEDURE AND PUNISHMENT

           Division 1--Pleading procedure, proof &c.

   404.    Proof of marriage on trial for bigamy  
   405.    Meaning of term official record  
   420A.   Where person charged with unlawful publication of defamatory matter  
   421.    Alternative verdicts on charge of murder  
   422.    Alternative verdict on charge of causing serious injury in circumstances of gross violence  
   422A.   Alternative verdict for certain charges relating to driving  
   426.    Alternative verdict for identity crime offences  
   427.    Alternative verdict for destroying property charges  
   428.    Alternative verdict for charges of unauthorised modification of data to cause impairment  
   429.    Alternative verdict for charges of unauthorised impairment of electronic communication  
   435.    Alternative verdict for charges relating to riots  
   456AA.  Requirement to give name and address  
   457.    No person to be arrested without warrant except under this Act etc.  
   458.    Person found committing offences may be arrested without warrant by any person  
   459.    Powers of police officer or protective services officer to apprehend offenders  
   459A.   Entry and search of premises  
   461.    Arrest on reasonable grounds not to be taken to be unlawful  
   462.    Definition of finds committing  
   462A.   Use of force to prevent the commission of an indictable offence  
   463A.   Arrest of offenders on board aircraft  
   463B.   Prevention of suicide  
   464.    Definitions  
   464AA.  Digital recordings  
   464AAB. Investigating official to ask whether person in custody is an Aboriginal or Torres Strait Islander person  
   464A.   Detention of person in custody  
   464B.   Questioning or investigation of person already held for another matter  
   464C.   Right to communicate with friend, relative and legal practitioner  
   464D.   Right to an interpreter  
   464E.   Persons under 18 years  
   464F.   Right of foreign national to communicate with consular office  
   464FA.  Victorian Aboriginal Legal Service to be notified if Aboriginal person or Torres Strait Islander taken into custody  
   464G.   Recording of information required to be given to person in custody  
   464H.   Recording of confessions and admissions  
   464I.   No power to detain person not under arrest  
   464J.   Right to remain silent etc. not affected  
   464JA.  Offences in relation to recordings  
   464JB.  Court may give directions in relation to a recording  
   464JC.  Retention of copy of recording  
   464JD.  Use of recordings for training, teaching or testing purposes  
   464K.   Fingerprinting of adults and children aged 15 or above  
   464L.   Fingerprinting of children aged 14 or under  
   464M.   Children's Court may order fingerprinting  
   464N.   Taking of fingerprints  
   464NA.  Fingerscanning for identification purposes  
   464NB.  Other purposes for the use or disclosure of fingerprint information  
   464O.   Destruction of records  
   464P.   Records of juvenile  
   464Q.   Evidence of fingerprints  
   464R.   Forensic procedure on adult  
   464S.   Informed consent[33]  
   464SA.  Senior police officer may authorise non-intimate compulsory procedure for certain adults  
   464SB.  Making or refusing authorisation  
   464SC.  DNA profile sample from DNA person  
   464SD.  Informed consent—DNA person and their parent or guardian  
   464SE.  Senior police officer may authorise the taking of a DNA profile sample from DNA person  
   464SF.  Making or refusing authorisation—DNA profile sample  
   464T.   Court may order compulsory procedure  
   464U.   Forensic procedure on child  
   464V.   Interim orders  
   464W.   Application by audio link or audio visual link for interim order  
   464X.   Warrants  
   464Y.   Caution before forensic procedure or taking of a DNA profile sample  
   464Z.   Procedure for taking samples etc.  
   464ZA.  Execution of authorisation, direction or order  
   464ZB.  Analysis of samples  
   464ZC.  Analysis of material found at scene of offence etc.  
   464ZD.  Forensic reports to be made available  
   464ZE.  Evidence relating to forensic procedures or DNA profile samples[38]  
   464ZF.  Forensic procedure following the commission of forensic sample offence  
   464ZFAAA.Forensic procedure following finding of not guilty because of mental impairment  
   464ZFAA.Notice to attend for forensic procedure  
   464ZFAB.DNA profile sample from registrable offenders under the Sex Offenders Registration Act 2004  
   464ZFAC.Senior police officer authorisation—to take DNA profile sample from certain adults  
   464ZFAD.Notice to attend—to take DNA profile sample from certain adults  
   464ZFAE.Senior police officer may authorise taking a DNA profile sample from certain adults and children who have previously provided a sample  
   464ZFA. Warrants issued for forensic procedures under section 464ZF or 464ZFAAA  
   464ZFB. Retention of information following finding of guilt etc.  
   464ZFC. Destruction of information following finding of guilt etc.  
   464ZFD. Victorian DNA database  
   464ZFE. Report to Attorney-General  
   464ZG.  Destruction of identifying information  
   464ZGA. Forensic information from juveniles  
   464ZGB. Samples given voluntarily  
   464ZGC. Withdrawal of consent prior to giving sample  
   464ZGD. Procedure to take sample  
   464ZGE. Safeguards after giving sample  
   464ZGF. Application to court where consent to retention of sample withdrawn  
   464ZGFA.Voluntary samples given by police or VIFM personnel  
   464ZGFB.Destruction of samples given by police and VIFM personnel and storage of DNA information  
   464ZGG. Supply of forensic material for purposes of DNA database  
   464ZGH. Use of information on Victorian DNA database  
   464ZGI. Permissible matching of DNA profiles  
   464ZGJ. Recording, retention and removal of identifying information on DNA database  
   464ZGK. Disclosure of Victorian information  
   464ZGL. Registration of orders  
   464ZGM. Carrying out of registered orders  
   464ZGN. Arrangements for transmission of information on DNA database  
   464ZGO. Taking, retention and use of forensic material authorised by laws of other jurisdictions  
   464ZH.  Immunity of medical practitioners, nurses, midwives, dentists and other persons  
   464ZI.  Supreme Court—limitation of jurisdiction  
   464ZJ.  Regulations  
   464ZK.   Operation of other Acts  
   464ZL.  Validation of certain orders  
   464ZLA. Validation of sample taken in accordance with section 464ZFAB  
   464ZM.  Functions of IBAC  
   464ZN.  Chief Commissioner of Police to report to IBAC  
   464ZO.  Inspection of records by authorised officers  
   464ZP.  IBAC to report to the Attorney-General  
   464ZQ.  Recommendations  
   464ZR.  Attorney-General may make a complaint to the IBAC  
   464ZS.  Immunity of the IBAC and sworn IBAC Officers  
   464ZT.  Definitions  
   465.    Issue of search warrant by magistrate  
   465AAAA.Powers relating to receptacles  
   465AAAAB.Police may use assistants and equipment  
   465AAAAC.Police officer may arrange for expert to operate electronic equipment at premises being searched  
   465AAAAD.Application for extension of time to allow expert to finish operating equipment  
   465AAAAE.Determination of application for extension of time to allow expert to finish operating equipment  
   465AAAAF.Warrant authorises a police officer to access data held in or accessible from a computer or data storage device  
   465AAA. Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or computer network  
   465AA.  Power to require assistance from person with knowledge of a computer or computer network  
   465AAB. Informing a person about a report relating to the execution of a warrant  
   465AAC. Report to the Magistrates' Court after executing search warrant  
   465AAD. The Magistrates' Court may summon a police officer to give evidence about a report  
   465AAE. Application to inspect a report  
   465A.   Notice that seized thing is being held for purposes of Confiscation Act 1997  
   465B.   Application for tainted property to be held or retained  
   465C.   Court may make direction  
   465D.   Notice of direction under section 465C  
   465E.   Effect of directions under sections 465(1B) and 465C  
   465F.   Display of seized things  
   466.    Justice may issue warrant to search for gunpowder[39]  
   469AA.  Seizure and destruction of documents containing libel  
   469A.   Power of persons to search aircraft  
   470.    Power of search when female unlawfully detained for immoral purposes  

           Division 2--Punishment

   476B.   Young person sentenced to life imprisonment  
   479A.   Rescuing of prisoner from lawful custody  
   479B.   Aiding a prisoner in escaping  
   479C.   Escape and related offences  
   493.    Sentences of imprisonment etc. to be carried out according to law relating to prisons  

           Division 3--Regulations

   505A.   Regulations  

   PART IV--PROBATION AND PAROLE PROVISIONS

   506.    Definitions  

           Division 1--Probation

   507.    Probation officers  

           Division 3--Regulations

   542.    Regulations  

   PART V--PROPERTY OF PERSONS CONVICTED OF TREASON OR AN INDICTABLE OFFENCE.ORDERS AS TO COSTS

   545.    Persons convicted of treason or indictable offence may pay costs  
   547.    Definition of forfeiture and convict  
   548.    When convict shall cease to be subject to operation of this Part  
   562.    Execution of judgments against convict provided for  
   563.    Proceedings to recover property of convict from third person  
   564.    Third person etc. accountable to convict when property reverts  
   565.    Saving of general law as to indictable offence  

   PART 7--GENERAL

   585.    Supreme Court—limitation of jurisdiction  
   585AAA. Regulations  
   585AA.   Transitional provisions—(Crimes (Theft) Act 1973)  
   585AB.  Transitional provisions—(Crimes (Criminal Damage) Act 1978)  
   585AC.  Transitional provisions—(Crimes (Classification of Offences) Act 1981)  
   585AD.  Transitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)  
   585AE.  Transitional provisions—(Crimes (Custody and Investigation) Act 1988)  
   585AF.  Transitional provisions—(Crimes (Fingerprinting) Act 1988)  
   585A.   Transitional provisions—(Crimes (Sexual Offences) Act 1991)  
   585B.   Transitional provisions—(Crimes (Amendment) Act 1993)  
   585C.   Transitional provisions—(Miscellaneous Acts (Omnibus Amendments) Act 1996)  
   585D.   Transitional provisions—(Sentencing and Other Acts (Amendment) Act 1997)  
   586.    Transitional provisions (Sentencing (Amendment) Act 1997)  
   587.    Transitional provisions (Crimes (Amendment) Act 1997—Part 2)  
   588.    Transitional provisions (Crimes (Amendment) Act 1997—Part 3)  
   589.    Transitional provisions (Crimes (Amendment) Act 1997—Part 4)  
   590.    Transitional provision—Crimes, Confiscation and Evidence Acts (Amendment) Act 1998  
   591.    Transitional provision—Crimes (Amendment) Act 1998  
   592.    Transitional provisions—Magistrates' Court (Amendment) Act 1999  
   593.    Transitional provisions—Crimes (Amendment) Act 2000  
   593A.   Transitional provision—Crimes (Questioning of Suspects) Act 2000  
   594.    Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000  
   596.    Transitional provisions—Crimes (DNA Database) Act 2002  
   597.    Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003  
   598.    Transitional provision—Crimes (Stalking) Act 2003  
   599.    Transitional provision—Crimes (Money Laundering) Act 2003  
   600.    Transitional provisions—Crimes (Dangerous Driving) Act 2004  
   601.    Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004  
   602.    Transitional provision—Crimes (Contamination of Goods) Act 2005  
   603.    Transitional provision—Crimes (Homicide) Act 2005  
   604.    Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006  
   605.    Transitional provision—Justice Legislation (Further Miscellaneous Amendments) Act 2006  
   606.    Transitional provision—Courts Legislation (Jurisdiction) Act 2006  
   606A.   Transitional provision—Crimes (Sexual Offences) Act 2006  
   607.    Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006  
   608.    Transitional provisions—Crimes Amendment (DNA Database) Act 2007  
   609.    Transitional provision—Crimes Amendment (Rape) Act 2007  
   610.    Transitional provision—Crimes Amendment (Child Homicide) Act 2008  
   612.    Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008  
   613.    Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009  
   614.    Transitional provision—Justice Legislation Miscellaneous Amendments Act 2009  
   615.    Transitional provision—Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009  
   616.    Transitional provision—Justice Legislation Further Amendment Act 2010  
   617.    Transitional provision—Crimes Amendment (Bullying) Act 2011  
   618.    Transitional provision—Crimes Amendment (Gross Violence Offences) Act 2013  
   619.    Transitional provision—Crimes Amendment (Integrity in Sports) Act 2013  
   620.    Transitional provision—Crimes Amendment (Investigation Powers) Act 2013  
   621.    Transitional provision—Crimes Amendment (Grooming) Act 2014  
   621A.   Transitional provision—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014  
   622.    Transitional provision—Crimes Amendment (Protection of Children) Act 2014  
   623.    Transitional provision—Crimes Amendment (Abolition of Defensive Homicide) Act 2014  
   624.    Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014  
   625.    Transitional provision—Sentencing Amendment (Emergency Workers) Act 2014  
   626.    Transitional provision—Crimes Amendment (Sexual Offences and Other Matters) Act 2014  
   627.    Transitional provision—Justice Legislation Amendment Act 2015  
   628.    Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015  
   628A.   Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017  
   629.    Transitional provision—Crimes Amendment (Sexual Offences) Act 2016  
   630.    Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016  
   631.    Transitional provision—Crimes Legislation Further Amendment Act 2017  
   632.    Transitional provision—Family Violence Protection Amendment Act 2017  
   633.    Transitional provision—Justice Legislation Amendment (Victims) Act 2018  
   634.    Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017  
   635.    Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019  
   636.    Transitional provision—Children Legislation Amendment Act 2019  
   637.    Transitional provision—Crimes Amendment (Manslaughter and Related Offences) Act 2020  
   637A.   Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022  
   638.    Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022—jury directions  
   638A.   Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022—consent  
   639.    Transitional provision—Sex Work Decriminalisation Act 2022  
           FIRST SCHEDULE
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           ENDNOTES


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