Criminal Code Act 1899

An Act to establish a Code of Criminal Law

Preamble

Whereas it is desirable to declare, consolidate, and amend the Criminal Law;

Be it enacted and declared by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows—

1Short title

This Act may be cited as the Criminal Code Act 1899.

2Establishment of Code—schedule 1

(1)On and from 1 January 1901, the provisions contained in the Code of Criminal Law set forth in schedule 1 (the Code) shall be the law of Queensland with respect to the several matters therein dealt with.

(2)The said Code may be cited as the Criminal Code.

3Saving

However—

(a)the repeal of any statute or part of a statute set forth in the schedules shall not affect the construction of any other statute, or of any other part of the same statute, whether as regards the past or the future;

(b)when any enactment not mentioned in the schedules has been repealed, confirmed, revived, or perpetuated, by any enactment hereby repealed, such repeal, confirmation, reviver, or perpetuation, shall not be affected by the repeal effected by this Act;

(c)this Act shall not affect the validity, invalidity, effect, or consequences, of anything already done or suffered, or any existing status or capacity, or any right, title, obligation, or liability, civil or criminal, already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand, or any indemnity, or the proof of any past act or thing; and any action, prosecution, or other proceeding, begun before the coming into operation of the Code, may, subject to the provisions of the Code, be continued as if this Act had not been passed; and any action, prosecution, or other proceeding, in respect of anything done or omitted to be done before the coming into operation of the Code, may, subject to the provisions of the Code, be brought, taken, and prosecuted, in the same manner as if this Act had not been passed;

(d)this Act shall not, except as expressly therein declared, affect any principle or rule of law or equity, or established jurisdiction, or form or course of pleading, practice, or procedure, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived, by, in, or from, any enactment hereby repealed;

(e)this Act shall not revive or restore any jurisdiction, duty, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing, not now existing or in force.

4Construction of statutes, statutory rules, and other instruments

From and after the coming into operation of the Code, the following rules shall apply with respect to the construction of statutes, statutory rules, by-laws, and other instruments, that is to say—

(a)when in any statute, statutory rule, by-law, or other instrument, public or private, the term felony is used, or reference is made to an offence by the name of felony, it shall be taken that reference is intended to an offence which is a crime under the provisions of the Code;

(b)when in any statute, statutory rule, by-law, or other instrument, public or private, the term murder is used, it shall be taken that reference is intended to the crimes of wilful murder and murder and each of them;

(c)when in any statute, statutory rule, by-law, or other instrument, public or private, the term larceny is used, it shall be taken that reference is intended to the crime of stealing;

(d)when in any statute, statutory rule, by-law, or other instrument, public or private, reference is made to any offence by any specific name, it shall be intended that reference is intended to the offence which, under the provisions of the Code, is constituted by the act or omission that would heretofore have constituted the offence referred to;

(e)when in any statute, statutory rule, by-law, or other instrument, public or private, reference is made to any of the statutory provisions hereby repealed, it shall be taken that reference is intended to the corresponding provisions or substituted provisions of the Code.

5Provisions of Code exclusive with certain exceptions

From and after the coming into operation of the Code, no person shall be liable to be tried or punished in Queensland as for an indictable offence except under the express provisions of the Code or some other statute law of Queensland, or under the express provisions of some statute of the United Kingdom which is expressly applied to Queensland, or which is in force in all parts of Her Majestythe Sovereign’s dominions not expressly excepted from its operation, or which authorises the trial and punishment in Queensland of offenders who have at places not in Queensland committed offences against the laws of the United Kingdom.

6Civil remedies

(1)When by the Code any act is declared to be lawful, no action can be brought in respect thereof.

(2)A person who suffers loss or injury in, or in connection with, the commission of an indictable offence of which the person is found guilty has no right of action against another person for the loss or injury.

(3)Subsection (2) applies whether or not a conviction is recorded for the offence.

(4)Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed, nor shall the omission from the Code of any penal provision in respect of any act or omission which before the time of the coming into operation of the Code constituted an actionable wrong affect any right of action in respect thereof.

7Offender may be prosecuted under Code or other statute

When an offender is punishable under the provisions of the Code, and also under the provisions of some other statute, the offender may be prosecuted and convicted under the provisions either of the Code or of such other statute, so that the offender is not twice punished for the same offence.

8Contempt of court

Nothing in this Act or in the Code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as ‘contempt of court’, but so that a person can not be so punished and also punished under the provisions of the Code for the same act or omission.

section 2

Uncommenced amendments to the following schedule 1 provisions have been included in this indicative reprint—

•amendment of sections 1, 69, 75, 207, 335, 339, 359, 359E, 469, 488(3), 552A, 552BA and 552BB

•insertion of new part 2, chapter 7A.

See 2023 Act No. 17 s 182 sch 3 pt 1, 2023 No. 23 s 247 sch 1 s 4, 2023 No. 26 pt 3 and 2023 No. 32 pt 2 and s 141 sch 1 pt 2.

1Definitions

In this Code—

25 year offence, for chapter 68, see section 678(1).

acquittal, for chapter 68, see section 678(1).

administration of justice offence, for chapter 68, see section 678(1).

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.

appellant, for chapter 67, see section 668(1).

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.

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.

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—

(a)for chapter 67, see section 668(1); or

(b)for chapter 68, see section 678(1).

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

court of trial, for chapter 67, see section 668(1).

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.

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.

Note—

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).

Note—

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.

fresh and compelling evidence—

(a)for chapter 67, chapter division 3, see section 671AB; or

(b)for chapter 68, see section 678D.

gender identity see the Anti-Discrimination Act 1991, schedule 1.

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.

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.

interests of justice, for chapter 68, see section 678F.

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.

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.

new and compelling evidence, for chapter 67, chapter division 3, see section 671AB.

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 Majestythe Sovereign.

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.

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.

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 offence, for chapter 68, see section 678(1).

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 symbol see section 52C(1).

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.

race see the Anti-Discrimination Act 1991, schedule 1.

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.

registrar, for chapter 67, see section 668(1).

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.

sentence, for chapter 67, see section 668(1).

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.

sex characteristics see the Anti-Discrimination Act 1991, schedule 1.

sexuality see the Anti-Discrimination Act 1991, schedule 1.

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

someone, for chapter 22, see section 207A.

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

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.

subsequent appeal, for chapter 67, see section 668(1).

summary conviction means summary conviction before a Magistrates Court.

tainted acquittal, for chapter 68, see section 678E.

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

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

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.

2Definition of offence

An act or omission which renders the person doing the act or making the omission liable to punishment is called an offence.

3Division of offences

(1)Offences are of 2 kinds, namely, criminal offences and regulatory offences.

(2)Criminal offences comprise crimes, misdemeanours and simple offences.

(3)Crimes and misdemeanours are indictable offences; that is to say, the offenders can not, unless otherwise expressly stated, be prosecuted or convicted except upon indictment.

(4)A person guilty of a regulatory offence or a simple offence may be summarily convicted by a Magistrates Court.

(5)An offence not otherwise designated is a simple offence.

4Attempts to commit offences

(1)When a person, intending to commit an offence, begins to put the person’s intention into execution by means adapted to its fulfilment, and manifests the person’s intention by some overt act, but does not fulfil the person’s intention to such an extent as to commit the offence, the person is said to attempt to commit the offence.

(2)It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on the offender’s part for completing the commission of the offence, or whether the complete fulfilment of the offender’s intention is prevented by circumstances independent of his or her will, or whether the offender desists of his or her own motion from the further prosecution of the offender’s intention.

(3)It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.

(4)The same facts may constitute one offence and an attempt to commit another offence.

5Arrest without warrant

(1)The expression the offender may be arrested without warrant means that the provisions of this Code relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in question, either generally or subject to such conditions (if any) as to time, place, or circumstance, or as to the person authorised to make the arrest, as are specified in the particular case.

(2)Except when otherwise stated, the definition of an offence as a crime imports that the offender may be arrested without warrant.

(3)The expression the offender can not be arrested without warrant means that the provisions of this Code relating to the arrest of offenders or suspected offenders without warrant are not applicable to the crime in question, except subject to such conditions (if any) as to time, place, or circumstance, or as to the person authorised to make the arrest as are specified in the particular case.

6Meaning of engage in penile intercourse

(1)Penile intercourse is the penetration, to any extent, of the vagina, vulva or anus of a person by the penis of another person.

(2)A person engages in penile intercourse with another person if—

(a)the person penetrates, to any extent, the vagina, vulva or anus of another person with the person’s penis; or

(b)the person’s vagina, vulva or anus is penetrated, to any extent, by the penis of another person.

7Principal offenders

(1)When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say—

(a)every person who actually does the act or makes the omission which constitutes the offence;

(b)every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

(c)every person who aids another person in committing the offence;

(d)any person who counsels or procures any other person to commit the offence.

(2)Under subsection (1)(d) the person may be charged either with committing the offence or with counselling or procuring its commission.

(3)A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

(4)Any person who procures another to do or omit to do any act of such a nature that, if the person had done the act or made the omission, the act or omission would have constituted an offence on the person’s part, is guilty of an offence of the same kind, and is liable to the same punishment, as if the person had done the act or made the omission; and the person may be charged with doing the act or making the omission.

8Offences committed in prosecution of common purpose

When 2 or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

9Mode of execution immaterial

(1)When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled, or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.

(2)In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by the other person.

10Accessories after the fact

A person who receives or assists another who is, to the person’s knowledge, guilty of an offence, in order to enable the person to escape punishment, is said to become an accessory after the fact to the offence.

10AInterpretation of ch 2

(1)Under section 7, a person’s criminal responsibility extends to any offence that, on the evidence admissible against him or her, is either the offence proved against the person who did the act or made the omission that constitutes that offence or any statutory or other alternative to that offence.

(2)Under section 8, a person’s criminal responsibility extends to any offence that, on the evidence admissible against him or her, is a probable consequence of the prosecution of a common intention to prosecute an unlawful purpose, regardless of what offence is proved against any other party to the common intention.

(3)This section does not limit any other provision of this chapter.

11Effect of changes in law

(1)A person can not be punished for doing or omitting to do an act unless the act or omission constituted an offence under the law in force when it occurred; nor unless doing or omitting to do the act under the same circumstances would constitute an offence under the law in force at the time when the person is charged with the offence.

(2)If the law in force when the act or omission occurred differs from that in force at the time of the conviction, the offender can not be punished to any greater extent than was authorised by the former law, or to any greater extent than is authorised by the latter law.

12Application of Code as to offences wholly or partially committed in Queensland

(1)This Code applies to every person who does an act in Queensland or makes an omission in Queensland, which in either case constitutes an offence.

(2)Where acts or omissions occur which, if they all occurred in Queensland, would constitute an offence and any of the acts or omissions occur in Queensland, the person who does the acts or makes the omissions is guilty of an offence of the same kind and is liable to the same punishment as if all the acts or omissions had occurred in Queensland.

(3)Where an event occurs in Queensland caused by an act done or omission made out of Queensland which, if done or made in Queensland, would constitute an offence, the person who does the act or makes the omission is guilty of an offence of the same kind and is liable to the same punishment as if the act or omission had occurred in Queensland.

(3A)It is a defence to prove that the person did not intend that the act or omission should have effect in Queensland.

(4)Where an event occurs out of Queensland caused by an act done or omission made in Queensland, which act or omission would constitute an offence had the event occurred in Queensland, the person who does the act or makes the omission is guilty of an offence of the same kind and is liable to the same punishment as if the event had occurred in Queensland.

(5)This section does not extend to a case where the only material event that occurs in Queensland is the death in Queensland of a person whose death is caused by an act done or an omission made out of Queensland at a time when the person was out of Queensland.

13Offences enabled, aided, procured or counselled by persons out of Queensland

(1)Any person who while out of Queensland—

(a)does or omits to do an act for the purpose of enabling or aiding another person to commit an offence that is actually committed in Queensland; or

(b)aids another person in committing an offence that is actually committed in Queensland; or

(c)counsels or procures another person to commit an offence that is actually committed in Queensland;

is guilty of an offence of the same kind and is liable to the same punishment as if the person had committed the offence in Queensland.

(2)Any person who while out of Queensland procures another to do or omit to do in Queensland an act of such a nature that, if the person had done the act or made the omission in Queensland, the person would have been guilty of an offence is guilty of an offence of the same kind and is liable to the same punishment as if the person had done the act or made the omission in Queensland.

14Offences procured in Queensland to be committed out of Queensland

Any person who while in Queensland procures another to do an act or make an omission at a place not in Queensland of such a nature that, if the person had done the act or made the omission in Queensland, the person would have been guilty of an offence, and that, if the person had done the act or made the omission, the person would have been guilty of an offence under the laws in force in the place where the act or omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission had been made in Queensland, but so that the punishment does not exceed that which the person would have incurred under the laws in force in the place where the act was done or the omission was made, if the person had done the act or made the omission.

15Defence Force

Officers and other members of the Australian Defence Force are, while on duty or in uniform, subject to the special laws relating to that Force, but are not exempt from the provisions of this Code.

16Person not to be twice punished for same offence

A person can not be twice punished either under the provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof the person causes the death of another person, in which case the person may be convicted of the offence of which the person is guilty by reason of causing such death, notwithstanding that the person has already been convicted of some other offence constituted by the act or omission.

17Former conviction or acquittal

It is a defence to a charge of any offence to show that the accused person has already been tried, and convicted or acquitted upon an indictment on which the person might have been convicted of the offence with which the person is charged, or has already been acquitted upon indictment, or has already been convicted, of an offence of which the person might be convicted upon the indictment or complaint on which the person is charged.

Note—

This section does not apply to the charge mentioned in section 678B (Court may order retrial for murder—fresh and compelling evidence) or 678C (Court may order retrial for 25 year offence—tainted acquittal).

Note—

See sections 678B, 678BA and 678C for when this section does not apply to the charge mentioned in those sections.

18Royal prerogative of mercy

This Code does not affect the Royal prerogative of mercy.

22Ignorance of the law—bona fide claim of right

(1)Ignorance of the law does not afford any excuse for an act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to be an element of the offence.

(2)But a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by the person with respect to any property in the exercise of an honest claim of right and without intention to defraud.

(3)A person is not criminally responsible for an act or omission done or made in contravention of a statutory instrument if, at the time of doing or making it, the statutory instrument was not known to the person and had not been published or otherwise reasonably made available or known to the public or those persons likely to be affected by it.

(4)In this section—

publish—

(a)in relation to a statutory instrument that is subordinate legislation—means notify in accordance with section 47 (Notification) of the Statutory Instruments Act 1992; and

(b)in relation to a statutory instrument that is not subordinate legislation—means publish in the gazette.

23Intention—motive

(1)Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for—

(a)an act or omission that occurs independently of the exercise of the person’s will; or

(b)an event that—

(i)the person does not intend or foresee as a possible consequence; and

(ii)an ordinary person would not reasonably foresee as a possible consequence.

Note—

Parliament, in amending subsection (1)(b) by the Criminal Code and Other Legislation Amendment Act 2011, did not intend to change the circumstances in which a person is criminally responsible.

(1A)However, under subsection (1)(b), the person is not excused from criminal responsibility for death or grievous bodily harm that results to a victim because of a defect, weakness, or abnormality.

(2)Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.

(3)Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.

24Mistake of fact

(1)A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as the person believed to exist.

(2)The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.

25Extraordinary emergencies

Subject to the express provisions of this Code relating to acts done upon compulsion or provocation or in self-defence, a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise.

26Presumption of sanity

Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.

27Insanity

(1)A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission the person is in such a state of mental disease or natural mental infirmity as to deprive the person of capacity to understand what the person is doing, or of capacity to control the person’s actions, or of capacity to know that the person ought not to do the act or make the omission.

(2)A person whose mind, at the time of the person’s doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of subsection (1), is criminally responsible for the act or omission to the same extent as if the real state of things had been such as the person was induced by the delusions to believe to exist.

28Intoxication

(1)The provisions of section 27 apply to the case of a person whose mind is disordered by intoxication or stupefaction caused without intention on his or her part by drugs or intoxicating liquor or by any other means.

(2)They do not apply to the case of a person who has, to any extent intentionally caused himself or herself to become intoxicated or stupefied, whether in order to afford excuse for the commission of an offence or not and whether his or her mind is disordered by the intoxication alone or in combination with some other agent.

(3)When an intention to cause a specific result is an element of an offence, intoxication, whether complete or partial, and whether intentional or unintentional, may be regarded for the purpose of ascertaining whether such an intention in fact existed.

29Immature age

(1)A person under the age of 10 years is not criminally responsible for any act or omission.

(2)A person under the age of 14 years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission the person had capacity to know that the person ought not to do the act or make the omission.

30Judicial officers

Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by the judicial officer in the exercise of the officer’s judicial functions, although the act done is in excess of the officer’s judicial authority, or although the officer is bound to do the act omitted to be done.

31Justification and excuse—compulsion

(1)A person is not criminally responsible for an act or omission, if the person does or omits to do the act under any of the following circumstances, that is to say—

(a)in execution of the law;

(b)in obedience to the order of a competent authority which he or she is bound by law to obey, unless the order is manifestly unlawful;

(c)when the act is reasonably necessary in order to resist actual and unlawful violence threatened to the person, or to another person in the person’s presence;

(d)when—

(i)the person does or omits to do the act in order to save himself or herself or another person, or his or her property or the property of another person, from serious harm or detriment threatened to be inflicted by some person in a position to carry out the threat; and

(ii)the person doing the act or making the omission reasonably believes he or she or the other person is unable otherwise to escape the carrying out of the threat; and

(iii)doing the act or making the omission is reasonably proportionate to the harm or detriment threatened.

(2)However, this protection does not extend to an act or omission which would constitute the crime of murder, or an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element, nor to a person who has by entering into an unlawful association or conspiracy rendered himself or herself liable to have such threats made to the person.

(3)Whether an order is or is not manifestly unlawful is a question of law.

34Offences by partners and members of companies with respect to partnership or corporate property

A person who, being a member of a co-partnership, corporation, or joint stock company, does or omits to do any act with respect to the property of the co-partnership, corporation, or company, which, if the person were not a member of the co-partnership, corporation, or company, would constitute an offence, is criminally responsible to the same extent as if the person were not such member.

36Application of rules

(1)The provisions of this chapter apply to all persons charged with any criminal offence against the statute law of Queensland.

(2)Except for sections 22(3), 29 and 31, this chapter does not apply to regulatory offences.

44Definition of seditious intention

An intention to effect any of the following purposes, that is to say—

(a)to bring the Sovereign into hatred or contempt;

(b)to excite disaffection against the Sovereign or the Government or Constitution of the United Kingdom or of Queensland as by law established, or against either House of Parliament of the United Kingdom or of Queensland, or against the administration of justice;

(c)to excite Her Majestythe Sovereign’s subjects to attempt to procure the alteration of any matter in the State as by law established otherwise than by lawful means;

(d)to raise discontent or disaffection amongst Her Majestythe Sovereign’s subjects;

(e)to promote feelings of ill will and enmity between different classes of Her Majestythe Sovereign’s subjects;

is a seditious intention, unless it is justified by the provisions of section 45.

45Innocent intentions

It is lawful for any person—

(a)to endeavour in good faith to show that the Sovereign has been mistaken in any of Herthe Sovereign’s counsels; or

(b)to point out in good faith errors or defects in the government or Constitution of the United Kingdom or of Queensland as by law established, or in legislation, or in the administration of justice, with a view to the reformation of such errors or defects; or

(c)to excite in good faith Her Majestythe Sovereign’s subjects to attempt to procure by lawful means the alteration of any matter in the State as by law established; or

(d)to point out in good faith in order to their removal any matters which are producing or have a tendency to produce feelings of ill will and enmity between different classes of Her Majestythe Sovereign’s subjects.

46Definition of seditious enterprises etc.

(1)A seditious enterprise is an enterprise which is undertaken in order to the carrying out of a seditious intention.

(2)Seditious words are words expressive of a seditious intention.

(3)In this Code—

seditious writing includes anything intended to be read, and any sign or visible representation, which is expressive of a seditious intention.

51Unlawful drilling

(1)Any person who—

(a)in contravention of the directions under a regulation, trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions; or

(b)is present at any meeting or assembly of persons held in contravention of the directions of any such proclamation, for the purpose of there training or drilling any other person to the use of arms or the practice of military exercises, movements, or evolutions;

is guilty of a crime, and is liable to imprisonment for 7 years.

(2)Any person who, at any meeting or assembly held in contravention of the directions under a regulation, is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2A)The offender may be arrested without warrant.

(3)A prosecution for any of the offences defined in this section must be begun within 6 months after the offence is committed.

52Sedition

(1)Any person who—

(a)conspires with any person to carry into execution a seditious enterprise; or

(b)advisedly publishes any seditious words or writing;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

(2)If the person has been previously convicted of any such offence the person is guilty of a crime, and is liable to imprisonment for 7 years.

(3)A prosecution for any of the offences defined in this section must be begun within 6 months after the offence is committed.

(4)A person can not be convicted of any of the offences defined in this section upon the uncorroborated testimony of 1 witness.

53Evidence of proceedings in the Assembly allowed for prosecution

(1)Despite the Parliament of Queensland Act 2001, section 8, evidence of anything said or done during proceedings in the Assembly may be given in a proceeding against a person for an offence under this chapter to the extent necessary to prosecute the person for the offence.

(2)Subsection (1) does not limit the Parliament of Queensland Act 2001, section 36.

(3)In this section—

proceedings in the Assembly see the Parliament of Queensland Act 2001, section 9 and schedule.

54Interference with Governor or Ministers

(1)Any person who—

(a)does any act with intention to interfere with the free exercise by the Governor of the duties or authority of the Governor’s office; or

(b)does any act with intention to interfere with the free exercise by a member of the Executive Council of the duties or authority of the member’s office as a member of the Executive Council or as a Minister of State;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

(2)The offender may be, and it is hereby declared that the offender always was liable to be, arrested without warrant.

54ADemands with menaces upon agencies of government

(1)Any person who demands that anything be done or omitted to be done or be procured by—

(a)the Government of Queensland or a person in the employment of the Crown in right of Queensland, in performance of the duties of the person’s employment or otherwise in the person’s official capacity; or

(b)the Governor, in his or her role of Governor; or

(c)a Minister of the Crown, in his or her office as Minister or as a member of the Executive Council of Queensland; or

(d)a government corporation, in discharge of its functions conferred by law, or a person in the employment of a government corporation, in performance of the duties of the person’s employment or otherwise in the person’s official capacity;

with threats of detriment of any kind to be caused to any person aforesaid or any other person or to the public or any member or members of the public or to property, by the offender or by any other person, if the demand is not complied with is guilty of a crime and is liable to imprisonment for 14 years.

(2)A person is not criminally responsible for an act referred to in subsection (1) if the detriment is threatened to himself or herself only or to property of which the person is the sole owner.

(3)It is immaterial to the commission of an offence defined in this section that—

(a)the demand or threat is made by means of a medium ordinarily used for disseminating information to the public and not to a particular person; or

(b)the threat does not specify the detriment that is to be caused or the person or persons to whom or the property to which it is to be caused.

(4)If the carrying out of the threat would be likely to cause—

(a)loss of life or serious personal injury to any person; or

(b)substantial economic loss—

(i)to the Crown; or

(ii)to a government corporation; or

(iii)in any industrial or commercial activity whether conducted by a public authority or as a private enterprise;

the offender is liable to imprisonment for life and if, in addition, the offender or another person on the offender’s behalf has carried out the threat and thereby caused a consequence specified in this subsection or has by some overt act begun to prepare for the carrying out of the threat, the offender is liable to imprisonment for life, which can not be mitigated or varied under this Code or any other law or is liable to an indefinite sentence under part 10 of the Penalties and Sentences Act 1992.

(5)A prosecution for an offence defined in this section shall not be commenced without the consent of the Attorney-General.

(6)For the purposes of this section—

detriment includes destruction of or damage to—

(a)flora or fauna protected by or under an Act; or

(b)any place, thing or living creature or plant that by reason of its cultural, educational, environmental, historical, recreational, religious or scientific significance is of substantial public interest or concern;

and, in the absence of proof that any such item destroyed or damaged was or is the property of a particular person, shall be deemed to be detriment to the Crown.

government corporation means any body corporate or corporation sole constituted by or under an Act that represents the Crown or that is declared under a regulation to be a government corporation for the purposes of this section.

55Interference with the Legislature

(1)Any person who, by force or fraud, intentionally interferes or attempts to interfere with the free exercise by the Legislative Assembly of its authority, or with the free exercise by any member of the Legislative Assembly of the member’s duties or authority as such member, or as a member of a committee of the Legislative Assembly is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

(2)The offender may be, and it is hereby declared that the offender always was liable to be, arrested without warrant.

56Disturbing the Legislature

(1)A person who, while the Legislative Assembly is in session, intentionally—

(a)disturbs the Assembly; or

(b)commits any disorderly conduct in the immediate view and presence of the Assembly, tending to interrupt its proceedings or to impair the respect due to its authority;

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(2)A person may be arrested without warrant.

56ADisturbance in House when Parliament not sitting

(1)Any person creating or joining in any disturbance in Parliament House or within the precincts thereof at any time other than during an actual sitting of Parliament therein or at the office or residence of the Governor or of any member of the Legislative Assembly or of the Executive Council shall be guilty of an offence and—

(a)if the person created or joined in such disturbance in Parliament House or within the precincts thereof—may be apprehended without warrant on the verbal order of the Speaker or, in the Speaker’s absence, of the clerk of the Parliament, or of the person for the time being discharging the duties of the office of the clerk of the Parliament, and may be kept in custody by any officer of Parliament or by any police officer; or

(b)if the person created or joined in such disturbance at the office or residence of the Governor or of any member of the Legislative Assembly or of the Executive Council—may be apprehended without warrant on the verbal order of the Governor or, as the case may be, member of the Legislative Assembly or of the Executive Council concerned, and may be kept in custody by any police officer.

(2)Such person may be so kept in custody until the person can be dealt with in the manner following, that is to say—

(a)every such person shall, as soon as reasonably may be, be brought before a magistrate without formal written complaint and there and then charged with such offence and summarily dealt with according to law;

(b)any such person on summary conviction shall be liable to a fine of 100 penalty units or imprisonment for a term not exceeding 2 years.

56BGoing armed to Parliament House

(1)Any person who without lawful excuse being armed enters or is found in Parliament House or in any of the grounds thereof or in any building in or upon such grounds is guilty of an offence and is liable on summary conviction to a fine of 100 penalty units with or without imprisonment for a term not exceeding 2 years.

(1A)The offender may be arrested without warrant.

(2)On the conviction of a person for an offence against subsection (1), any arms found in the person’s possession or under the person’s control are forfeited to the State.

(3)For the purposes of this section—

armed shall mean having in the person’s possession or under the person’s immediate control whether concealed or not—

(a)any firearm whatsoever loaded or unloaded and whether capable of projecting a missile or not; or

(b)any bomb or other explosive matter, machine, or device mechanical or otherwise capable of causing injury to any person or damage to any property or any dangerous or offensive weapon or instrument; or

(c)any corrosive substance;

and the word arms shall have a correlative meaning.

57False evidence before Parliament

(1)A person who, during an examination before the Legislative Assembly or a committee, knowingly gives a false answer to a lawful and relevant question put to the person during the examination commits a crime.

Maximum penalty—7 years imprisonment.

(2)A person can not be arrested without warrant.

(3)To remove any doubt, it is declared that a member of the Legislative Assembly does not give an answer during an examination before the Legislative Assembly only because the member answers a question during Question Time, a debate or the conduct of other daily business of the Legislative Assembly.

(4)A person can not be convicted of an offence under this section on the uncorroborated testimony of 1 witness.

(5)In this section—

committee see the Parliament of Queensland Act 2001, schedule.

person includes a member of the Legislative Assembly.

proceedings in the Assembly see the Parliament of Queensland Act 2001, section 9 and schedule.

58Witness refusing to attend, answer question or produce a thing before Legislative Assembly or authorised committee

(1)A person who—

(a)fails to attend before the Legislative Assembly as required under the Parliament of Queensland Act 2001, section 29; or

(b)fails to attend before an authorised committee as required under the Parliament of Queensland Act 2001, section 30(4); or

(c)fails to answer a question asked by the Assembly, or to produce a document or other thing to the Assembly, as required under the Parliament of Queensland Act 2001, section 32(6); or

(d)fails to answer a question asked by an authorised committee, or to produce a document or other thing to an authorised committee, as required under the Parliament of Queensland Act 2001, section 33(8);

commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)A person can not be convicted of an offence against subsection (1)(a) or (b) if the Assembly has excused the person for the failure mentioned in the subsection.

(3)In this section—

authorised committee see the Parliament of Queensland Act 2001, schedule.

59Member of Parliament receiving bribes

(1)Any person who, being a member of the Legislative Assembly, asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person upon any understanding that the person’s vote, opinion, judgment, or action, in the Legislative Assembly, or in any committee thereof, shall be influenced thereby, or shall be given in any particular manner or in favour of any particular side of any question or matter, is guilty of a crime, and is liable to imprisonment for 7 years, and is disqualified from sitting or voting as a member of the Legislative Assembly for 7 years.

(2)The offender can not be arrested without warrant.

60Bribery of member of Parliament

(1)Any person who—

(a)in order to influence a member of the Legislative Assembly in the member’s vote, opinion, judgment, or action, upon any question or matter arising in the Legislative Assembly or in any committee thereof or in order to induce the member to absent himself or herself from the Assembly or from any such committee, gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, such member, or to, upon, or for, any other person; or

(b)attempts, directly or indirectly, by fraud, or by threats or intimidation of any kind, to influence a member of the Legislative Assembly in the member’s vote, opinion, judgment, or action, upon any such question or matter, or to induce the member to so absent himself or herself;

is guilty of a crime, and is liable to imprisonment for 7 years.

(2)The offender can not be arrested without warrant.

(3)Where a person has been convicted (whether before or after 1 July 1922) of an offence under this section, all property which has been tendered or produced in evidence at the trial of the offender, as being the property or part of the property which the offender in the course of the commission of such offence gave, conferred or procured, or promised or offered to give, or confer or to procure, or attempt to procure, to, upon, or for a member of the Legislative Assembly, or to, upon, or for any other person, shall become and be deemed to have become forthwith upon such conviction and without any further judgment or order the absolute property of Her Majestythe Sovereign, whether such property is the property of the offender or of any other person.

61Riot

(1)If—

(a)12 or more persons who are present together (assembled persons) use or threaten to use unlawful violence to a person or property for a common purpose; and

(b)the conduct of them taken together would cause a person in the vicinity to reasonably fear for the person’s personal safety;

each of the assembled persons commits the crime of taking part in a riot.

Maximum penalty—

(a)if the offender causes grievous bodily harm to a person, causes an explosive substance to explode or destroys or starts to destroy a building, vehicle or machinery—life imprisonment; or

(b)if—

(i)the offender is armed with a dangerous or offensive weapon, instrument or explosive substance; or

(ii)property is damaged, whether by the offender or another of the assembled persons—7 years imprisonment; or

(c)otherwise—3 years imprisonment.

(2)For subsection (1)(b), it is immaterial whether there is or is likely to be a person in the vicinity who holds the fear mentioned in the subsection.

(2A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(2B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(3)In this section—

building includes structure.

vehicle means a motor vehicle, train, aircraft or vessel.

69Going armed so as to cause fear

(1)Any person who goes armed in public without lawful occasion in such a manner as to cause fear to any person is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 3 years.

(23)The offender may be, and it is hereby declared that the offender always was liable to be, arrested without warrant.

70Forcible entry

(1)Any person who, in a manner likely to cause, or cause reasonable fear of, unlawful violence to a person or to property, enters on land which is in the actual and peaceable possession of another commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)It is immaterial whether the person is entitled to enter on the land or not.

71Forcible detainer

Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause, or cause reasonable fear of, unlawful violence to a person or to property, against a person entitled by law to the possession of the land commits a misdemeanour.

Maximum penalty—2 years imprisonment.

72Affray

(1)Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

(2)The Penalties and Sentences Act 1992, section 108B states a circumstance of aggravation for an offence against this section.

74Prize fight

Any person who fights in a prize fight, or subscribes to or promotes a prize fight, is guilty of a misdemeanour, and is liable to imprisonment for 1 year.

75Threatening violence

(1)Any person who—

(a)with intent to intimidate or annoy any person, by words or conduct threatens to enter or damage a dwelling or other premises; or

(b)with intent to alarm any person, discharges loaded firearms or does any other act that is likely to cause any person in the vicinity to fear bodily harm to any person or damage to property;

commits a crime.

Maximum penalty—2 years imprisonment.

(2)If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 3 years.

(23)If the offence is committed in the night the offender is guilty of a crime, and is liable to imprisonment for 5 years.

76Recruiting person to become participant in criminal organisation

(1)A person who—

(a)is a participant in a criminal organisation or is subject to a control order or a registered corresponding control order; and

(b)recruits, or attempts to recruit, another person to become, or associate with, a participant in a criminal organisation;

      commits a misdemeanour.

Maximum penalty—500 penalty units or 5 years imprisonment.

(2)In this section—

control order see the Penalties and Sentences Act 1992, section 161N.

recruit, a person to become, or associate with, a participant in a criminal organisation, includes counsel, procure, solicit, incite and induce the person, including by promoting the organisation, to become, or associate with, a participant in the organisation.

registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.

77Definitions for chapter

In this chapter—

consort see section 77A.

conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court.

recognised offender means an adult who has a recorded conviction, other than a spent conviction, for a relevant offence (whether on indictment or summary conviction).

relevant offence means—

(a)an indictable offence for which the maximum penalty is at least 5 years imprisonment, including an offence against a repealed provision of an Act; or

(b)an offence against—

(i)any of the following provisions of this Code—

•section 61(1), if the penalty, paragraph (c) applies

•section 69

•section 75

•section 77B

•section 130

•section 229H

•section 229HC

•section 229I

•section 229K

•section 317A(2)

•section 327

•section 355

•section 408D

•section 413

•section 414; or

(ii)any of the following provisions of the Weapons Act 1990—

•section 50(1), if the penalty, paragraph (c)(ii) or (iii) applies

•section 50B(1), if the penalty, paragraph (c)(iii) applies

•section 57(3) or (4)

•section 58

•section 61

•section 62

•section 63

•section 69(1A), if the penalty, paragraph (c) applies

•section 151B

•section 151D; or

(c)an offence against the law of another State or the Commonwealth, or a place outside Australia, that, if the offence had been committed in Queensland, would be a relevant offence under paragraph (a) or (b); or

(d)an offence against either of the following provisions—

•the Criminal Code (Cwlth), section 102.8

•the Crimes Act 1900 (NSW), section 310J.

77AMeaning of consort

(1)A person consorts with another person if the person associates with the other person in a way that involves seeking out, or accepting, the other person’s company.

(2)For subsection (1), the person’s association with the other person need not have a purpose related to criminal activity.

(3)Also, for subsection (1), it does not matter whether the person’s association with the other person happens in person or in another way, including, for example, electronically.

77BHabitually consorting with recognised offenders

(1)A person commits a misdemeanour if—

(a)the person habitually consorts with at least 2 recognised offenders, whether together or separately; and

(b)at least 1 occasion on which the person consorts with each recognised offender mentioned in paragraph (a) happens after the person has been given an official warning for consorting in relation to the offender.

Maximum penalty—300 penalty units or 3 years imprisonment.

(2)For subsection (1), a person does not habitually consort with a recognised offender unless the person consorts with the offender on at least 2 occasions.

(3)This section does not apply to a child.

(4)In this section—

official warning, for consorting, see the Police Powers and Responsibilities Act 2000, section 53BAA.

77CParticular acts of consorting to be disregarded

(1)In a proceeding against a person for an offence against section 77B(1), the following acts of consorting must be disregarded if the consorting was reasonable in the circumstances—

(a)consorting with a recognised offender who is a close family member of the person;

(b)consorting with a recognised offender while the person is—

(i)genuinely conducting a lawful business or genuinely engaging in lawful employment or a lawful occupation; or

(ii)genuinely receiving education or training at an educational institution; or

(iii)genuinely obtaining education or training at an educational institution for a dependent child of the person; or

(iv)receiving a health service; or

(v)obtaining a health service for a dependent child of the person; or

(vi)obtaining legal services; or

(vii)complying with a court order; or

(viii)being detained in lawful custody.

(2)Proof that the consorting was reasonable in the circumstances lies on the person.

(3)For subsection (1), it is not reasonable for a person to consort with a recognised offender if the purpose (or 1 of the purposes) of the consorting is related to criminal activity.

(4)In this section—

Australian Association of Social Workers means Australian Association of Social Workers Ltd ACN 008 576 010.

Australian Register of Counsellors and Psychotherapists means Australian Register of Counsellors and Psychotherapists Pty Ltd ACN 110 047 197.

child includes stepchild.

close family member, of a person—

(a)means—

(i)a spouse of the person; or

(ii)someone with whom the person shares parental responsibility for a child; or

(iii)a parent or step-parent of the person; or

(iv)a child of the person; or

(v)a grandparent or step-grandparent of the person; or

(vi)a grandchild or step-grandchild of the person; or

(vii)a brother, sister, stepbrother or stepsister of the person; or

(viii)an aunt or uncle of the person; or

(ix)a niece or nephew of the person; or

(x)a first cousin of the person; or

(xi)a brother-in-law, sister-in-law, parent-in-law, son-in-law or daughter-in-law of the person; and

(b)includes—

(i)for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a person mentioned in paragraph (a); and

(ii)for a Torres Strait Islander—a person who, under Island custom, is regarded as a person mentioned in paragraph (a).

dependent child, of a person, means a child of the person who is dependent on the person for support.

educational institution means—

(a)an approved education and care service under the Education and Care Services National Law (Queensland); or

(b)a State educational institution or non-State school under the Education (General Provisions) Act 2006; or

(c)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); or

(d)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

health service means a service for managing a person’s physical or mental health, including drug and alcohol counselling, that is provided by—

(a)a registered health practitioner or student under the Health Practitioner Regulation National Law (Queensland); or

(b)a counsellor or psychotherapist registered with the Australian Register of Counsellors and Psychotherapists; or

(c)a social worker registered with the Australian Association of Social Workers.

legal services means legal services within the meaning of the Legal Profession Act 2007 that are provided by an Australian legal practitioner within the meaning of that Act.

78Interfering with political liberty

(1)Any person who by violence, or by threats or intimidation of any kind, hinders or interferes with the free exercise of any political right by another person, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)If the offender is a public officer, and commits the offence in abuse of the offender’s authority as such officer, the offender is liable to imprisonment for 3 years.

79Definition of act of piracy

(1)A person does an act of piracy if the person, in relation to a ship travelling at sea, unlawfully—

(a)boards the ship without the master’s consent and with intent—

(i)to commit robbery; or

(ii)to deal with the ship, a person on the ship or the equipment of the ship in a way that would be likely to endanger the safe use of the ship; or

(b)boards the ship without the master’s consent and—

(i)commits robbery; or

(ii)deals with the ship, a person on the ship or the equipment of the ship in a way that is likely to endanger the safe use of the ship; or

(c)steals the ship, or directly or indirectly takes control of the ship without the master’s consent, in circumstances that constitute robbery; or

(d)having taken possession of the ship in contravention of paragraph (c), retains possession of the ship; or

(e)confines the ship’s master against his or her will.

(2)A person also does an act of piracy if the person—

(a)trades with or supplies provisions to a pirate when the person knows or ought reasonably to know the person is dealing with a pirate; or

(b)builds a ship with the intention that the ship will be used for an act of piracy.

(3)In this section—

builds includes fits out.

master means the person having command or charge of the ship and does not include a pilot having the conduct of the ship, but not belonging to the ship.

pirate means a person carrying out or intending to carry out an act of piracy.

80Crime of piracy

A person who does an act of piracy commits a crime.

Maximum penalty—life imprisonment.

85Disclosure of official secrets

A person who is or has been employed as a public officer who unlawfully publishes or communicates any information that comes or came to his or her knowledge, or any document that comes or came into his or her possession, by virtue of the person’s office, and that it is or was his or her duty to keep secret, commits a misdemeanour.

Maximum penalty—2 years imprisonment.

86Obtaining of or disclosure of secret information about the identity of informant

(1)A person who, without lawful justification or excuse, obtains or attempts to obtain secret information in the possession of a law enforcement agency or law enforcement officer about the identity of a criminal organisation informant commits a crime.

Maximum penalty—10 years imprisonment.

(2)A person who, without lawful justification or excuse, publishes or communicates secret information in the possession of, or obtained from, a law enforcement agency or law enforcement officer about the identity of a criminal organisation informant commits a crime.

Maximum penalty—10 years imprisonment.

(3)In this section—

criminal intelligence means information relating to actual or suspected criminal activity (including information the commissioner has obtained through the police service or from an external agency), whether in the State or elsewhere, the disclosure of which could reasonably be expected to—

(a)prejudice a criminal investigation; or

(b)enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

(c)endanger a person’s life or physical safety.

criminal organisation informant means any of the following—

(a)anyone who has given, to the police service or an external agency, information that the commissioner reasonably believes is criminal intelligence about a criminal organisation or a participant in a criminal organisation, and who is not a police officer or officer of the external agency;

(b)an authorised officer who has obtained information in relation to the activities of a criminal organisation while acting under the Police Powers and Responsibilities Act 2000, chapter 12;

(c)a police officer who has obtained information through the use of an assumed identity, whether or not under the Police Powers and Responsibilities Act 2000, chapter 12.

external agency means any of the following—

(a)the Crime and Corruption Commission;

(b)the Australian Federal Police;

(c)a police force or service of another State;

(d)the chief executive (corrective services);

(e)an officer of another State with powers and functions substantially corresponding to the powers and functions of the chief executive (corrective services) under the Corrective Services Act 2006;

(f)another entity—

(i)established under a law of another jurisdiction, including a jurisdiction outside Australia; and

(ii)with functions that include investigating or inquiring into criminal conduct, misconduct or corruption (whether or not the functions are stated in the law mentioned in subparagraph (i)); and

(iii)declared by regulation to be an external agency.

information, about the identity of a criminal organisation informant, includes information that is likely to lead to the identity of the informant becoming known.

officer, of an external agency, includes a person employed by the agency, seconded to the agency or engaged by the agency under a contract for services.

secret information, in the possession of a law enforcement agency or law enforcement officer, means information it is the duty of the agency or officer to keep secret.

87Official corruption

(1)Any person who—

(a)being employed in the public service, or being the holder of any public office, and being charged with the performance of any duty by virtue of such employment or office, not being a duty touching the administration of justice, corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person in the discharge of the duties of the person’s office; or

(b)corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any person employed in the public service, or being the holder of any public office, or to, upon, or for, any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed or holding such office;

is guilty of a crime, and is liable to imprisonment for 7 years, and to be fined at the discretion of the court.

(1A)If the offence is committed by or in relation to a Minister of the Crown, as the holder of public office mentioned in subsection (1), the offender is liable to imprisonment for 14 years, and to be fined at the discretion of the court.

(1B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(1C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(2)The offender can not be arrested without warrant.

88Extortion by public officers

Any person who, being employed in the public service, takes or accepts from any person, for the performance of the person’s duty as such officer, any reward beyond the person’s proper pay and emoluments, or any promise of such reward, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

89Public officers interested in contracts

(1)Any person who, being employed in the public service, knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint stock company consisting of more than 20 persons, a private interest in any contract or agreement which is made on account of the public service with respect to any matter concerning the department of the service in which the person is employed (the relevant department), is guilty of a misdemeanour, and is liable to imprisonment for 3 years, and to be fined at the discretion of the court.

(2)However, the person does not commit an offence against subsection (1) if, before the person acquires or starts to hold the private interest—

(a)the person discloses the nature of the interest to the chief executive of the relevant department; and

(b)the chief executive of the relevant department authorises the person, in writing, to acquire or hold the interest.

(3)In a proceeding against a person for an offence against subsection (1), proof of the matters mentioned in subsection (2) lies on the person.

(4)The chief executive of a department may delegate the chief executive’s function under subsection (2) to an appropriately qualified person.

(5)A reference in subsection (1) to a person employed in the public service includes a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 and, for that purpose—

(a)a ministerial staff member employed in the office of a Minister is taken to be employed in each department administered by the Minister; and

(b)a ministerial staff member employed in the office of an Assistant Minister is taken to be employed in each department for which the Assistant Minister is given responsibility under his or her functions.

Note—

Under the Constitution of Queensland 2001, section 25, an Assistant Minister has the functions decided by the Premier.

(6)In this section—

function includes power.

90Officers charged with administration of property of a special character or with special duties

Any person who, being employed in the public service, and being charged by virtue of the person’s employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade, or business, of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business, discharges any such duties with respect to the property, manufacture, trade, or business, in which the person has such interest, or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour, and is liable to imprisonment for 1 year, and to be fined at the discretion of the court.

91False claims by officials

Any person who, being employed in the public service in such a capacity as to require the person or to enable the person to furnish returns or statements touching any remuneration payable or claimed to be payable to himself, herself or to any other person, or touching any other matter required by law to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to the person’s knowledge, false in any material particular, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

92Abuse of office

(1)Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of the person’s office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)If the act is done or directed to be done for purposes of gain, the person is liable to imprisonment for 3 years.

92AMisconduct in relation to public office

(1)A public officer who, with intent to dishonestly gain a benefit for the officer or another person or to dishonestly cause a detriment to another person—

(a)deals with information gained because of office; or

(b)performs or fails to perform a function of office; or

(c)without limiting paragraphs (a) and (b), does an act or makes an omission in abuse of the authority of office;

is guilty of a crime.

Maximum penalty—7 years imprisonment.

(2)A person who ceases to be a public officer in a particular capacity is guilty of a crime if, with intent to dishonestly gain a benefit for the person or another person or to dishonestly cause a detriment to another person, the person deals with information gained because of the capacity.

Maximum penalty—7 years imprisonment.

(3)Subsection (2) applies whether or not the person continues to be a public officer in some other capacity.

(4)A reference in subsections (1) and (2) to information gained because of office or a particular capacity includes information gained because of an opportunity provided by the office or capacity.

(4A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(4B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(5)In this section—

authority, of office, includes the trust imposed by office and the influence relating to office.

deals with includes the following—

(a)uses;

(b)supplies;

(c)copies;

(d)publishes.

function includes power.

information includes knowledge.

office, in relation to a person who is a public officer, means the position, role or circumstance that makes the person a public officer.

performs includes purportedly performs and in relation to a power, exercises and purportedly exercises.

93Corruption of surveyor and valuator

Any person who, being duly appointed under any statute to be a valuator for determining the compensation to be paid to any person for land compulsorily taken from the person under the authority of any statute, or for injury done to any land under the authority of any statute—

(a)acts as such valuator while the person has, to the person’s knowledge, an interest in the land in question; or

(b)executes unfaithfully, dishonestly, or with partiality, the duty of making a valuation of the land or of the extent of the injury;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

94False certificates by public officers

Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to the person’s knowledge, false in any material particular is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

95Administering extrajudicial oaths

(1)Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which the person has not by law any authority to do so, is guilty of a misdemeanour, and is liable to imprisonment for 1 year.

(2)This section does not apply to an oath, declaration, affirmation, or affidavit, administered or taken before a justice in any matter relating to the preservation of the peace or the punishment of offences, or relating to inquiries respecting sudden death, or to proceedings before the Legislative Assembly or a committee of the Legislative Assembly; nor to an oath, declaration, affirmation, or affidavit, administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

96False assumption of authority

Any person who—

(a)not being a justice assumes to act as a justice; or

(b)without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit, or to do any other act of a public nature which can only be done by persons authorised by law to do so; or

(c)represents himself or herself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when the person is not, and knows that the person is not, in fact, so authorised;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

97Personating public officers

(1)A person who—

(a)personates a public officer on an occasion when the officer is required or authorised to do an act or attend in a place by virtue of the officer’s office; or

(b)falsely represents himself or herself to be a public officer, and assumes to do an act or to attend in a place for the purpose of doing an act by virtue of being that officer;

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(2)A person found committing the offence may be arrested without warrant.

(3)In this section—

office includes appointment and employment.

98Definitions

In this chapter—

authorising Act, for an election, means the Act under which the election is held.

ballot box includes any receptacle in which voting papers are put before being counted at an election.

election includes any election held under the authority of any statute providing for the choice of persons to fill any office or place of a public character.

elector includes any person entitled to vote at an election.

98AReference to election or referendum

In this chapter division—

(a)a reference to an election is a reference to an election of a member or members of the Legislative Assembly; and

(b)a reference to a referendum is a reference to a referendum under the Referendums Act 1997.

98BFalse or misleading information

(1)A person who gives information to the Electoral Commission of Queensland under the Electoral Act 1992 or Referendums Act 1997, including information in a document, that the person knows is false or misleading in a material particular is guilty of a crime.

Maximum penalty—7 years imprisonment.

(2)Subsection (1) does not apply to a person giving a document if, when giving the document to someone, the person—

(a)informs the other person, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the other person the correct information.

98CBribery

(1)A person who—

(a)asks for or receives; or

(b)offers, or agrees, to ask for or receive;

a benefit of any kind, whether for himself or herself or for someone else, on the understanding that the person’s election conduct will be influenced or affected is guilty of a crime.

Maximum penalty—7 years imprisonment.

(2)A person who, in order to influence or affect another person’s election conduct, gives a benefit of any kind to anyone is guilty of a crime.

Maximum penalty—7 years imprisonment.

(3)In this section—

election conduct of a person means—

(a)the way in which the person votes at an election or referendum; or

(b)the person’s nominating as a candidate for an election; or

(c)the person’s support of, or opposition to, a candidate or a political party at an election; or

(d)the person’s approval or disapproval of the Bill or question submitted to the electors at a referendum.

give includes promise or offer to give.

98DForging or uttering electoral or referendum paper

(1)A person who—

(a)forges an electoral or referendum paper; or

(b)utters a forged electoral or referendum paper knowing it to be forged;

is guilty of a crime.

Maximum penalty—10 years imprisonment.

(2)A person who makes the signature of another person on—

(a)an electoral paper, unless the person is authorised to do so under the Electoral Act 1992; or

(b)a referendum paper, unless the person is authorised to do so under the Referendums Act 1997;

is guilty of a crime.

Maximum penalty—10 years imprisonment.

(3)In this section—

electoral paper means a ballot paper, declaration envelope or other document issued by the Electoral Commission of Queensland under the Electoral Act 1992.

referendum paper means a ballot paper, declaration envelope or other document issued by the Electoral Commission of Queensland under the Referendums Act 1997.

98EInfluencing voting

(1)A person who improperly influences the vote of a person at an election or referendum is guilty of a crime.

Maximum penalty—2 years imprisonment.

(2)In this section—

improperly influence means influence by intimidation or violence.

98FProviding money for illegal payments

A person who knowingly provides money for—

(a)a payment that is contrary to law relating to elections or referendums; or

(b)replacing any money that has been spent in making a payment that is contrary to law relating to elections or referendums;

is guilty of a crime.

Maximum penalty—2 years imprisonment.

98GVoting if not entitled

A person who, at an election or referendum—

(a)votes in the name of another person, including a dead or fictitious person; or

(b)votes more than once; or

(c)casts a vote that the person knows the person is not entitled to cast; or

(d)procures someone to vote who, to the procuring person’s knowledge, is not entitled to vote;

is guilty of a crime.

Maximum penalty—3 years imprisonment.

98HApplication of ch div 3

This chapter division applies to an election other than—

(a)an election of a member or members of the Legislative Assembly; or

(b)an election for a local government.

99Voting if not entitled

(1)A person who votes at an election in the name of another person, including a dead or fictitious person, commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)A person who votes at an election more often than the person is entitled to vote at the election commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(3)A person who casts a vote at an election that the person knows the person is not entitled to cast commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(4)A person who procures another person to vote at an election who, to the procurer’s knowledge, is not entitled to vote at the election commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(5)A person who, at an election for which voting is by post, attests the signature to a voting paper of a person who is, to the first person’s knowledge, not entitled to vote at the election by way of the voting paper commits a misdemeanour.

Maximum penalty—2 years imprisonment.

100Hindering or interfering with voting conduct

(1)A person who, in order to hinder or interfere with another person’s voting conduct—

(a)acts fraudulently; or

(b)uses or threatens to use force against any person; or

(c)causes or threatens to cause a detriment to any person;

commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

(2)A person who causes or threatens to cause a detriment to another person (the affected person) because of the voting conduct of any person (whether or not the affected person) commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

(3)In this section—

voting conduct of a person means—

(a)the person’s voting or not voting at an election; or

(b)the way in which the person votes at an election.

101Bribery

(1)A person who—

(a)asks for or receives; or

(b)offers, or agrees, to ask for or receive;

a benefit, whether for the person or for another person, on the understanding that the person’s election conduct will be influenced or affected commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

(2)A person who, in order to influence or affect the election conduct of another person (the affected person), gives a benefit to any person (whether or not the affected person) commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

(3)In this section—

election conduct of a person means—

(a)the person’s voting or not voting at an election; or

(b)the way in which the person votes at an election; or

(c)the person’s nominating as a candidate for an election; or

(d)the person’s support of, or opposition to, a candidate at an election.

give includes promise and offer to give.

102Publishing false information about a candidate

A person who, before or during an election, in order to affect the election result, knowingly publishes false information about—

(a)a candidate’s personal character or conduct; or

(b)whether a candidate has withdrawn from the election;

commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

103Providing money for illegal payments

A person who knowingly provides money—

(a)for a payment that is contrary to this chapter division or the authorising Act for an election; or

(b)to replace money that has been spent in making a payment mentioned in paragraph (a);

commits an offence.

Maximum penalty—10 penalty units.

104Election notices to contain particular matters

(1)A person who, before or during an election, prints or publishes, or permits another person to print or publish, an election notice for the election that does not state the name and address of the person who authorised the notice commits an offence.

Maximum penalty—3 penalty units.

(2)In this section—

address means address other than a post office box.

election notice means a notice containing anything able to, or intended to—

(a)influence an elector in relation to voting in an election; or

(b)affect the result of an election.

notice includes a poster, handbill and pamphlet.

publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.

107Corrupt and illegal practices—time

(1)A prosecution for any of the offences defined in sections 99 to 104 must be begun within 1 year after the offence is committed.

(2)The service or execution of process on or against the alleged offender is deemed to be the commencement of the prosecution, unless such service or execution is prevented by some act on the person’s part, in which case the issue of the process is deemed to be the commencement of the proceeding.

108Interfering at elections

A person who wilfully interrupts, obstructs or disturbs a proceeding at an election commits a misdemeanour.

Maximum penalty—3 years imprisonment.

109Electors attempting to violate secrecy of ballot

Any person who, having received a ballot paper from the presiding officer at an election—

(a)wilfully makes on the ballot paper any mark or writing not expressly authorised by law; or

(b)wilfully fails to fold up the ballot paper in such a manner as to conceal how the person has voted; or

(c)wilfully fails to deposit the ballot paper in the ballot box in the presence of the presiding officer;

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

110Stuffing ballot boxes

A person who wilfully puts in a ballot box a ballot paper that has not been lawfully handed to, and marked by, an elector commits a crime.

Maximum penalty—7 years imprisonment.

111Presiding officer helping an elector with a disability

If—

(a)a presiding officer at an election agrees to help an elector who is blind, or otherwise unable to vote without help, by marking the elector’s ballot paper for the elector; and

(b)the presiding officer wilfully fails to mark the ballot paper—

(i)in the way requested by the elector; and

(ii)in the sight of anyone else lawfully present;

the presiding officer commits a misdemeanour.

Maximum penalty—3 years imprisonment.

112False or misleading information

(1)A person (the giver) who gives to another person, under the authorising Act for an election, for a purpose relating to the election, information that the giver knows is false or misleading in a material particular commits a crime.

Maximum penalty—7 years imprisonment.

(2)Subsection (1) does not apply if, when giving information in a document, the giver—

(a)informs the recipient, to the best of the giver’s ability, how it is false or misleading; and

(b)if the giver has, or can reasonably obtain, the correct information—gives the correct information to the recipient.

113Interfering with secrecy at elections

(1)This section applies to an election at which voting is by ballot.

(2)A person who unfolds a ballot paper that has been marked and folded by an elector at the election commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(3)An officer who ascertains or discovers, or attempts to ascertain or discover, how an elector has voted at the election commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(4)An officer who discloses any information about how an elector has voted at the election commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(5)An officer who places a mark or writing on an elector’s ballot paper commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(6)A person does not commit an offence against this section only by doing something the person is ordered by a court or authorised under the authorising Act to do.

(7)Also this section does not apply to a police officer doing a thing in the course of performing a duty of a police officer.

(8)In this section—

officer, in relation to an election, means a person performing duties at the election under the authorising Act.

114Breaking the seal of a parcel at elections

(1)A person who wilfully opens or breaks the seal of a parcel sealed under the authorising Act for an election commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)A person does not commit an offence against subsection (1) only by doing something the person is ordered by a court or authorised under the authorising Act to do.

(3)Also subsection (1) does not apply to a police officer doing a thing in the course of performing a duty of a police officer.

118Bargaining for offices in public service

Any person who—

(a)corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person or any other person, with regard to the appointment or contemplated appointment of any person to any office or employment in the public service, or with regard to any application by any person for employment in the public service; or

(b)corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any person any property or benefit of any kind on account of any such act or omission;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years, and to be fined at the discretion of the court.

119Definitions for ch 16

In this chapter—

family see section 119A.

judicial proceeding includes any proceeding had or taken in or before any court, tribunal or person, in which evidence may be taken on oath.

119AMeaning of family

(1)Each of the following is a member of a person’s family—

(a)a spouse of the person;

(b)a child of the person;

(c)a parent, grandparent, grandchild or sibling of the person, including—

(i)if the person is an Aboriginal person, a person—

(A)who is recognised under Aboriginal tradition as a member of the Aboriginal person’s family; and

Note—

‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954. See schedule 1 of that Act.

(B)with whom the Aboriginal person has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual; or

(ii)if the person is a Torres Strait Islander, a person—

(A)who is recognised under Island custom as a member of the Torres Strait Islander’s family; and

Note—

‘Island custom’ is defined under the Acts Interpretation Act 1954. See schedule 1 of that Act.

(B)with whom the Torres Strait Islander has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual.

(2)For subsection (1)(b)—

(a)a biological, adopted, step or foster child of a person is a child of the person; and

(b)an individual who is under 18 years and ordinarily a member of a person’s household is also a child of the person; and

(c)if a person is an Aboriginal person, an individual who is recognised under Aboriginal tradition as a child of the person is also a child of the person; and

(d)if a person is a Torres Strait Islander, an individual who is recognised under Island custom as a child of the person is also a child of the person.

119BRetaliation against or intimidation of judicial officer, juror, witness etc.

(1)A person who, without reasonable cause, causes, or threatens to cause, any injury or detriment to a judicial officer, juror, witness or member of a community justice group, or a member of the family of a judicial officer, juror, witness or member of a community justice group, for the purpose of retaliation or intimidation because of—

(a)anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by the judicial officer as a judicial officer; or

(b)anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by the juror or witness in any judicial proceeding; or

(c)anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by any member of the community justice group a representative of which makes or may make a submission—

(i)to a court or police officer under the Bail Act 1980 about a defendant who is an Aboriginal or Torres Strait Islander person; or

(ii)to a court or police officer under the Youth Justice Act 1992 about a child who is an Aboriginal or Torres Strait Islander person; or

(iii)to a court under the Penalties and Sentences Act 1992 about an offender who is an Aboriginal or Torres Strait Islander person;

is guilty of a crime.

Maximum penalty—7 years imprisonment.

(1A)The offender is liable to a maximum penalty of 10 years imprisonment if the act constituting the offence is done in relation to a proceeding before a court for a prescribed offence charged with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.

(1B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(1C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(2)In this section—

community justice group means—

(a)for a defendant under the Bail Act 1980—see the Bail Act 1980, section 6; or

(b)for a child—see the Youth Justice Act 1992, schedule 4; or

(c)for an offender under the Penalties and Sentences Act 1992—see the Penalties and Sentences Act 1992, section 4.

injury or detriment includes intimidation.

intimidation includes harassment.

prescribed offence see the Penalties and Sentences Act 1992, section 161N.

120Judicial corruption

(1)Any person who—

(a)being a judicial officer, corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person in the person’s judicial capacity; or

(b)corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, a judicial officer, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the judicial officer;

is guilty of a crime, and is liable to imprisonment for 14 years, and to be fined at the discretion of the court.

(2)However, if the judicial officer is an arbitrator or umpire, the maximum term of imprisonment to which the person is liable is 7 years.

(3)The offender can not be arrested without warrant.

(4)A prosecution for an offence against subsection (1) can not be started without a Crown Law Officer’s consent.

121Official corruption not judicial but relating to offences

(1)Any person who—

(a)being a justice not acting judicially, or being a person employed in the public service in any capacity not judicial for the prosecution or detention or punishment of offenders, corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person, with a view to corrupt or improper interference with the due administration of justice, or the procurement or facilitation of the commission of any offence, or the protection of any offender or intending offender from detection or punishment; or

(b)corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any such person, or to, upon, or for, any other person, any property or benefit of any kind, on account of any such act or omission on the part of the justice or other person so employed;

is guilty of a crime, and is liable to imprisonment for 14 years, and to be fined at the discretion of the court.

(2)The offender can not be arrested without warrant.

122Corruption of jurors

(1)Any person who—

(a)attempts by threats or intimidation of any kind, or by benefits or promises of benefit of any kind, or by other corrupt means, to influence any person, whether a particular person or not, in the person’s conduct as a juror in any judicial proceeding, whether the person has been sworn as a juror or not; or

(b)accepts any benefit or promise of benefit on account of anything to be done by the person as a juror in any judicial proceeding, whether the person has been sworn as a juror or not, or on account of anything already done by the person as a juror in any judicial proceeding;

is guilty of a crime.

Maximum penalty—7 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

123Perjury

(1)Any person who in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of a crime, which is called perjury.

(2)It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.

(3)The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if the person assents to the forms and ceremonies actually used.

(4)It is immaterial whether the false testimony is given orally or in writing.

(5)It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

(6)It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

(7)The offender can not be arrested without warrant.

123APerjury—contradictory statements

If, on the trial of a person for perjury, the jury is satisfied that—

(a)the accused has made 2 statements on oath or under another sanction authorised by law, 1 of which is irreconcilably in conflict with the other; and

(b)the accused made 1 of the statements knowing it to be false;

but the jury is unable to say which statement was falsely made, the jury may make a special finding to that effect and find the accused guilty of perjury.

124Punishment of perjury

(1)Any person who commits perjury is liable to imprisonment for 14 years.

(2)If the offender commits the crime in order to procure the conviction of another person for a crime punishable with imprisonment for life, the offender is liable to imprisonment for life.

125Evidence on charge of perjury

A person can not be convicted of committing perjury or of counselling or procuring the commission of perjury upon the uncorroborated testimony of 1 witness.

126Fabricating evidence

(1)Any person who, with intent to mislead any tribunal in any judicial proceeding—

(a)fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or

(b)knowingly makes use of such fabricated evidence;

is guilty of a crime, and is liable to imprisonment for 7 years.

(2)The offender can not be arrested without warrant.

127Corruption of witnesses

(1)Any person who—

(a)gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or

(b)attempts by any other means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or to withhold true testimony; or

(c)asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person, upon any agreement or understanding that any person shall as a witness in any judicial proceeding give false testimony or withhold true testimony;

is guilty of a crime, and is liable to imprisonment for 7 years.

(2)The offender can not be arrested without warrant.

(3)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(4)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

128Deceiving witnesses

Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

129Damaging evidence with intent

A person who, knowing something is or may be needed in evidence in a judicial proceeding, damages it with intent to stop it being used in evidence commits a misdemeanour.

Maximum penalty—7 years imprisonment.

130Preventing witnesses from attending

Any person who wilfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before any court or tribunal from attending as a witness, or from producing anything in evidence pursuant to the subpoena or summons, commits a misdemeanour.

Maximum penalty—3 years imprisonment.

131Conspiracy to bring false accusation

(1)Any person who conspires with another to charge any person or cause any person to be charged with any offence, whether alleged to have been committed in Queensland, or elsewhere, knowing that such person is innocent of the alleged offence, or not believing the person to be guilty of the alleged offence, is guilty of a crime.

(2)If the offence is such that a person convicted of it is liable to be sentenced to imprisonment for life, the offender is liable to imprisonment for life.

(3)If the offence is such that a person convicted of it is liable to be sentenced to imprisonment, but for a term less than life, the offender is liable to imprisonment for 14 years.

(4)In any other case the offender is liable to imprisonment for 7 years.

(5)The offender can not be arrested without warrant.

(6)A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.

132Conspiring to defeat justice

(1)Any person who conspires with another to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a crime, and is liable to imprisonment for 7 years.

(2)The offender can not be arrested without warrant.

(3)A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.

133Compounding an indictable offence

(1)Any person who asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person, upon any agreement or understanding that the person will compound or conceal an indictable offence, or will abstain from, discontinue, or delay, a prosecution for an indictable offence, or will withhold any evidence thereof, is guilty of an indictable offence.

(2)If the indictable offence is such that a person convicted of it is liable to be sentenced to imprisonment for life, the offender is guilty of a crime, and is liable to imprisonment for 7 years.

(3)In any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

(4)The offender can not be arrested without warrant.

(5)Subsection (1) does not apply to an act done for the purpose of the following—

(a)negotiations in accordance with established legal practice between a lawyer representing the alleged offender and the prosecution to achieve a just outcome in relation to the proceedings for the offence;

(b)mediation in good faith between the alleged offender and a victim of the offence or anyone acting in the interests of the victim in relation to an apology, compensation or restitution;

(c)dispute resolution relating to the alleged offence;

(d)discussions in good faith between the alleged offender and police officers calculated to ameliorate the conduct of the offender relevant to the alleged offence.

136Justices exercising jurisdiction in a matter of personal interest

A person who, being a justice, wilfully and perversely exercises jurisdiction in a matter in which the justice has a personal interest commits a misdemeanour.

Maximum penalty—3 years imprisonment.

137Delay to take person arrested before magistrate

(1)Any person who, having arrested another upon a charge of an offence, wilfully and without lawful excuse delays to take the person before a justice to be dealt with according to law is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)For subsection (1)—

(a)if the person carrying out the arrest is a police officer, it is sufficient if the person complies with the requirements of the Police Powers and Responsibilities Act 2000, section 393; and

(b)if the person carrying out the arrest is not a police officer, it is sufficient if the person immediately delivers the arrested person into the custody of a police officer as mentioned in section 552(2).

139Inserting advertisement without authority of court

Any person who, without authority, or knowing the advertisement to be false in any material particular, inserts or causes to be inserted in the gazette or in any newspaper an advertisement purporting to be published under the authority of any court or tribunal is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

140Attempting to pervert justice

(1)A person who attempts to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime.

Maximum penalty—7 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

141Aiding persons to escape from lawful custody

A person who—

(a)aids a person in lawful custody to escape, or to attempt to escape, from lawful custody; or

(b)conveys anything to a person in lawful custody, or to a place where a person is or will be in lawful custody, with the intention of aiding a person to escape from lawful custody; or

(c)frees a person from lawful custody without authority;

is guilty of a crime.

Maximum penalty—imprisonment for 7 years.

142Escape by persons in lawful custody

A person who escapes from lawful custody is guilty of a crime.

Maximum penalty—imprisonment for 7 years.

143Permitting escape

A person who is responsible for keeping another person in lawful custody and permits the other person to escape is guilty of a crime.

Maximum penalty—imprisonment for 7 years.

144Harbouring escaped prisoners etc.

A person who harbours, maintains or employs another person knowing that the other person has escaped from lawful custody is guilty of a crime.

Maximum penalty—imprisonment for 2 years.

145ASections 141 to 144 do not apply to certain types of custody

Sections 141 to 144 do not apply to—

(a)the custody of a patient mentioned in the Mental Health Act 2016; or

(b)the custody of a child under the Child Protection Act 1999; or

(c)the custody of a forensic disability client mentioned in the Forensic Disability Act 2011;

unless the person is held in a corrective services facility within the meaning of the Corrective Services Act 2006.

145BEvidence of lawful custody

Evidence given by a person authorised by the chief executive (corrective services) to give the evidence that a person is, or on a particular date was, in lawful custody is to be admitted as prima facie evidence of the custody.

147Removing etc. property under lawful seizure

Any person who, when any property has been attached or taken under the process or authority of any court of justice, knowingly, and with intent to hinder or defeat the attachment, or process, receives, removes, retains, conceals, or disposes of, such property, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

148Obstructing officers of courts of justice

Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court of justice commits a misdemeanour.

Maximum penalty—2 years imprisonment.

193False verified statements

(1)A person who makes a verified statement that the person knows is false in a material particular when the person is required by law to make the statement in the form of a verified statement commits a crime.

Maximum penalty—7 years imprisonment.

(2)The person can not be arrested without a warrant.

(3)In this section—

verified statement means—

(a)a statement made on oath or under another sanction that may by law be substituted for an oath; or

(b)a statement verified by solemn declaration or affirmation.

194False declarations

(1)A person who makes a declaration that the person knows is false in a material particular, whether or not the person is permitted or required by law to make the declaration, before a person authorised by law to take or receive declarations, commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(2)In this section—

declaration includes a statement and an affidavit.

195Evidence

A person can not be convicted of any of the offences defined in sections 193 and 194 upon the uncorroborated testimony of 1 witness.

195AContradictory statements—false statements or declarations

If, on the trial of a person for an offence defined in section 193 or 194, the jury is satisfied that—

(a)the accused has made 2 statements or declarations and 1 is irreconcilably in conflict with the other; and

(b)the accused made 1 of the statements or declarations knowing it to be false;

but the jury is unable to say which statement or declaration was falsely made, the jury may make a special finding to that effect and find the accused guilty of the offence.

199Resisting public officers

Any person who in any manner obstructs or resists any public officer while engaged in the discharge or attempted discharge of the duties of his or her office under any statute, or obstructs or resists any person while engaged in the discharge or attempted discharge of any duty imposed on the person by any statute, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

200Refusal by public officer to perform duty

Any person who, being employed in the public service, or as an officer of any court or tribunal, perversely and without lawful excuse omits or refuses to do any act which it is his or her duty to do by virtue of his or her employment is guilty of a misdemeanour, and is liable to imprisonment for 2 years, and to be fined at the discretion of the court.

204Disobedience to statute law

(1)Any person who without lawful excuse, the proof of which lies on the person, does any act which the person is, by the provisions of any public statute in force in Queensland, forbidden to do, or omits to do any act which the person is, by the provisions of any such statute, required to do, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

(2)The offender is liable to imprisonment for 1 year.

205Disobedience to lawful order issued by statutory authority

(1)Any person who without lawful excuse, the proof of which lies on the person, disobeys any lawful order issued by any court of justice, or by any person authorised by any public statute in force in Queensland to make the order, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

(2)The offender is liable to imprisonment for 1 year.

205AContravening order about device information from digital device

(1)A person who, without reasonable excuse, contravenes—

(a)an order made under the Police Powers and Responsibilities Act 2000, section 154(1) or (2), 154A(2) or 178A(1); or

(b)an order made under the Crime and Corruption Act 2001, section 88A(1) or (2) or 88B(2);

      commits a crime.

Maximum penalty—5 years imprisonment.

(2)It is not a reasonable excuse to contravene the order on the basis that complying with the order might tend to incriminate the person or expose the person to a penalty.

206Offering violence to officiating ministers of religion

Any person who—

(a)by threats or force prevents or attempts to prevent any minister of religion from lawfully officiating in any place of religious worship, or from performing the minister’s duty in the lawful burial of the dead in any cemetery or other burial place; or

(b)by threats or force obstructs or attempts to obstruct any minister of religion while so officiating or performing the minister’s duty; or

(c)assaults, or, upon or under the pretence of executing any civil process, arrests, any minister of religion who is engaged in, or is, to the knowledge of the offender, about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

207Disturbing religious worship

(1)Any person who wilfully and without lawful justification or excuse, the proof of which lies on the person, disquiets or disturbs any meeting of persons lawfully assembled for religious worship, or assaults any person lawfully officiating at any such meeting, or any of the persons there assembled, is guilty of an offence, and is liable on summary conviction to imprisonment for 2 months, or to a fine of $10.

(2)If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 6 months.

207ADefinitions for this chapter

In this chapter—

anonymising service means a device or other thing, or a physical, digital or other measure, used to hide—

(a)the identity or location of a person who administers, accesses or uses a network, computer or other device; or

(b)information stored on a network, computer or other device; or

(c)communication, including the exchange of information, between 2 or more persons using a network, computer or other device; or

(d)the location of a network, computer or other device.

Examples of physical, digital or other measures—

software, password or other authorisation, encryption, routing systems, communications ports

child abuse object means a doll, robot or other object if—

(a)a reasonable adult would consider—

(i)the doll, robot or other object is a representation or portrayal of a person, or part of a person, who is a child under 16 years; or

(ii)the predominant impression conveyed by the doll, robot or other object is that it is a representation or portrayal of a person, or part of a person, who is a child under 16 years, irrespective of whether it has adult characteristics; and

(b)the doll, robot or other object has been used, or a reasonable adult would consider it is intended for use, in an indecent or sexual context including, for example, engaging in a sexual activity.

child exploitation material means material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years—

(a)in a sexual context, including for example, engaging in a sexual activity; or

(b)in an offensive or demeaning context; or

(c)being subjected to abuse, cruelty or torture.

child sexual offence means an offence of a sexual nature committed in relation to a child, including, for example, an offence against a provision of this chapter or chapter 32.

classified—

(a)for a computer game—see the Classification of Computer Games and Images Act 1995; or

(b)for a film—see the Classification of Films Act 1991; or

(c)for a publication—see the Classification of Publications Act 1991.

Commonwealth Classification Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).

computer game see the Classification of Computer Games and Images Act 1995.

distribute includes—

(a)communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and

(b)make available for access by someone, whether by a particular person or not; and

(c)enter into an agreement or arrangement to do something in paragraph (a) or (b); and

(d)attempt to distribute.

film see the Classification of Films Act 1991.

hidden network means a network of computers or other devices (whether or not part of the internet) that has, or uses, digital, physical or other measures to do, or that are designed to do, any of the following—

(a)restrict access to the network;

(b)make the network undiscoverable when searched for in a way that is generally used to search for networks, including, for example, by using an internet search engine;

(c)hide the identity or location of persons who administer, access or use the network;

(d)hide information stored on the network;

(e)hide communication, including the exchange of information, between—

(i)the network and a person who administers, accesses or uses the network; or

(ii)2 or more persons who administer, access or use the network;

(f)hide the location of the network.

Examples of physical, digital or other measures—

software, password or other authorisation, encryption, routing systems, communications ports

information includes a photograph, picture, videotape, digital image and any other visual representation.

intimate image, of a person—

(a)means a moving or still image that depicts—

(i)the person engaged in an intimate sexual activity that is not ordinarily done in public; or

(ii)the person’s genital or anal region, when it is bare or covered only by underwear; or

(iii)if the person is female or a transgender or intersex person who identifies as female—the person’s bare breasts; and

(b)includes an image that has been altered to appear to show any of the things mentioned in paragraph (a)(i) to (iii); and

(c)includes an image depicting a thing mentioned in paragraph (a)(i) to (iii), even if the thing has been digitally obscured, if the person is depicted in a sexual way.

material includes anything that contains data from which text, images or sound can be generated.

network, of computers or other devices, includes part of a network of computers or other devices.

observe means observe by any means.

private act, for a person, means—

(a)showering or bathing; or

(b)using a toilet; or

(c)another activity when the person is in a state of undress; or

(d)intimate sexual activity that is not ordinarily done in public.

private place means a place where a person might reasonably be expected to be engaging in a private act.

prohibited visual recording, of a person, means—

(a)a visual recording of the person, in a private place or engaging in a private act, made in circumstances where a reasonable adult would expect to be afforded privacy; or

(b)a visual recording of the person’s genital or anal region, when it is bare or covered only by underwear, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.

publication see the Classification of Publications Act 1991.

religious confession means a confession made by a person to a member of the clergy in the member’s professional capacity according to the ritual of the member’s church or religious denomination.

someone, in the context of a description or depiction, includes the body parts of someone, including for example, someone’s breast or genitalia.

state of undress, for a person, means—

(a)the person is naked or the person’s genital or anal region is bare or, if the person is female or a transgender or intersex person who identifies as female, the person’s breasts are bare; or

(b)the person is wearing only underwear; or

(c)the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.

visually record, a person, means record, or transmit, by any means, moving or still images of the person or part of the person.

210Indecent treatment of children under 16

(1)Any person who—

(a)unlawfully and indecently deals with a child under the age of 16 years; or

(b)unlawfully procures a child under the age of 16 years to commit an indecent act; or

(c)unlawfully permits himself or herself to be indecently dealt with by a child under the age of 16 years; or

(d)wilfully and unlawfully exposes a child under the age of 16 years to an indecent act by the offender or any other person; or

(e)without legitimate reason, wilfully exposes a child under the age of 16 years to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

(f)without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a child under the age of 16 years;

is guilty of an indictable offence.

(2)If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

(3)If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

(4)If the child is, to the knowledge of the offender, his or her lineal descendant or if the offender is the guardian of the child or, for the time being, has the child under his or her care, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

(4A)If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

(4B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(4C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(5)If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

(5A)If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.

(6)In this section—

deals with includes doing any act which, if done without consent, would constitute an assault as defined in this Code.

211Bestiality

(1)Any person who engages in penile intercourse with an animal is guilty of a crime and is liable to imprisonment for 7 years.

(2)For subsection (1), the definitions penile intercourse and engages in penile intercourse with another person in section 6 apply as if a reference in that section to another person were a reference to the animal mentioned in subsection (1).

213Owner etc. permitting abuse of children on premises

(1)Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly permits any child under the age of 16 years to be in or upon the premises for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a proscribed act) defined to constitute an offence in section 210 or 215 is guilty of an indictable offence.

(2)If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 10 years.

(3)If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment—

(a)for life, where the proscribed act is one defined to constitute an offence in section 215; or

(b)for 14 years in any other case.

(3A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)If the proscribed act is one defined to constitute an offence in section 210 or 215 and the child is of or above 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above 16 years.

215Engaging in penile intercourse with child under 16

(1)Any person who engages or attempts to engage in unlawful penile intercourse with a child under the age of 16 years is guilty of an indictable offence.

(2)If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

(3)If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to engage in unlawful penile intercourse, to imprisonment for 14 years.

(4)If the child is not the lineal descendant of the offender but the offender is the child’s guardian or, for the time being, has the child under the offender’s care, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to engage in unlawful penile intercourse, to imprisonment for 14 years.

(4A)If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for life.

(4B)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(4C)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(5)If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

(5A)If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.

Note—

See section 745 in relation to the application of this section as in force from time to time before the commencement of the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 14.

216Abuse of persons with an impairment of the mind

(1)Any person who engages or attempts to engage in unlawful penile intercourse with a person with an impairment of the mind is, subject to subsection (3)(a) and (b), guilty of a crime, and is liable to imprisonment for 14 years.

(2)Any person who—

(a)unlawfully and indecently deals with a person with an impairment of the mind; or

(b)unlawfully procures a person with an impairment of the mind to commit an indecent act; or

(c)unlawfully permits himself or herself to be indecently dealt with by a person with an impairment of the mind; or

(d)wilfully and unlawfully exposes a person with an impairment of the mind to an indecent act by the offender or any other person; or

(e)without legitimate reason, wilfully exposes a person with an impairment of the mind to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

(f)without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a person with an impairment of the mind;

is, subject to subsections (3)(c) and (3A), guilty of a crime, and is liable to imprisonment for 10 years.

(3)If the person with an impairment of the mind is not the lineal descendant of the offender but the offender is the guardian of that person or, for the time being, has that person under the offender’s care, the offender is guilty of a crime, and is liable—

(a)in the case of the offence of engaging in unlawful penile intercourse—to imprisonment for life; or

(b)in the case of an attempt to engage in unlawful penile intercourse—to imprisonment for life; or

(c)in the case of an offence defined in subsection (2)—to imprisonment for 14 years.

(3A)In the case of an offence defined in subsection (2), if the person with an impairment of the mind is, to the knowledge of the offender, the offender’s lineal descendant, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

(4)It is a defence to a charge of an offence defined in this section to prove—

(a)that the accused person believed on reasonable grounds that the person was not a person with an impairment of the mind; or

(b)that the doing of the act or the making of the omission which, in either case, constitutes the offence did not in the circumstances constitute sexual exploitation of the person with an impairment of the mind.

(5)In this section—

deals with includes doing any act that, if done without consent, would constitute an assault.

217Procuring young person etc. for penile intercourse

(1)A person who procures a person who is not an adult or is a person with an impairment of the mind to engage in penile intercourse (either in Queensland or elsewhere) commits a crime.

Maximum penalty—imprisonment for 14 years.

(1A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(1B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(2)In this section—

procure means knowingly entice or recruit for the purposes of sexual exploitation.

218Procuring sexual acts by coercion etc.

(1)A person who—

(a)by threats or intimidation of any kind, procures a person to engage in a sexual act, either in Queensland or elsewhere; or

(b)by a false pretence, procures a person to engage in a sexual act, either in Queensland or elsewhere; or

(c)administers to a person, or causes a person to take, a drug or other thing with intent to stupefy or overpower the person to enable a sexual act to be engaged in with the person;

commits a crime.

Maximum penalty—imprisonment for 14 years.

(2)For subsection (1), a person engages in a sexual act if the person—

(a)allows a sexual act to be done to the person’s body; or

(b)does a sexual act to the person’s own body or the body of another person; or

(c)otherwise engages in an act of an indecent nature with another person.

(3)Subsection (2) is not limited to sexual intercourse or acts involving physical contact.

(3A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)In this section—

procure means knowingly entice or recruit for the purposes of sexual exploitation.

218AUsing internet etc. to procure children under 16

(1)Any adult who uses electronic communication with intent to procure a person under the age of 16 years, or a person the adult believes is under the age of 16 years, to engage in a sexual act, either in Queensland or elsewhere, commits a crime.

Maximum penalty—10 years imprisonment.

(2)The adult is liable to 14 years imprisonment if—

(a)the person is—

(i)a person under 12 years; or

(ii)a person the adult believes is under 12 years; or

(b)the offence involves the adult—

(i)intentionally meeting the person; or

(ii)going to a place with the intention of meeting the person.

(2A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(2B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(3)For subsection (1), a person engages in a sexual act if the person—

(a)allows a sexual act to be done to the person’s body; or

(b)does a sexual act to the person’s own body or the body of another person; or

(c)otherwise engages in an act of an indecent nature.

(4)Subsection (3) is not limited to sexual intercourse or acts involving physical contact.

(5)For subsection (1), it is not necessary to prove that the adult intended to procure the person to engage in any particular sexual act.

(6)Also, for subsection (1), it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the person to engage in the sexual act.

(7)For subsection (1), it does not matter that the person is a fictitious person represented to the adult as a real person.

(8)Evidence that the person was represented to the adult as being under the age of 16 years, or 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the person was under that age.

(9)It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the person was at least 16 years.

(9A)For an offence defined in subsection (1) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2)(a)(i), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the person was at least 12 years.

(10)In this section—

electronic communication means email, internet chat rooms, SMS messages, real time audio/video or other similar communication.

meeting means meeting in person.

procure means knowingly entice or recruit for the purposes of sexual exploitation.

218BGrooming child under 16 years or parent or carer of child under 16 years

(1)In this section—

(a)a reference to a child, in relation to an adult engaging in conduct in relation to a child, is a reference to—

(i)a person under 16 years; or

(ii)a person the adult believes is under 16 years, whether the person is a real person or a fictitious person who is represented to the adult as a real person under 16 years; and

(b)a reference to a child, in relation to an adult engaging in conduct in relation to another person who has care of a child, is a reference to—

(i)a person under 16 years; or

(ii)a person the adult believes is under 16 years; and

(c)a reference to a person who has care of a child, in relation to an adult engaging in conduct in relation to another person who has care of a child, includes a reference to a person whom the adult believes is a person who has care of a child.

(2)An adult who engages in conduct in relation to a child, or a person who has care of a child, with intent to—

(a)facilitate the procurement of the child to engage in a sexual act, either in Queensland or elsewhere; or

(b)expose, without legitimate reason, the child to any indecent matter, either in Queensland or elsewhere;

      commits a crime.

Note—

See section 1 for the definition indecent matter.

Maximum penalty—5 years imprisonment.

(3)The adult is liable to 10 years imprisonment if the child is—

(a)a person under 12 years; or

(b)a person, including a fictitious person, the adult believes is under 12 years.

(4)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(5)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(6)For subsection (2)(a), a child engages in a sexual act if the child—

(a)allows a sexual act to be done to the child; or

(b)does a sexual act to the child’s own body or the body of another person; or

(c)otherwise engages in an act of an indecent nature.

(7)Subsection (6) is not limited to sexual intercourse or acts involving physical contact.

(8)For subsection (2)(a)—

(a)it is not necessary to prove that the adult intended to facilitate the procurement of the child to engage in any particular sexual act; and

(b)it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the child to engage in the sexual act; and

(c)it does not matter when the adult intended the child would be procured to engage in a sexual act.

(9)Evidence that the child was represented to the adult as being under 16 years, or under 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the child was under that age.

(10)It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the child was at least 16 years.

(11)For an offence defined in subsection (2) alleged to have been committed with the circumstance of aggravation mentioned in subsection (3), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the child was at least 12 years.

(12)In this section—

person who has care of a child includes a parent, foster-parent, step-parent, guardian or other adult in charge of the child, whether or not the person has lawful custody of the child.

procure means knowingly entice or recruit for the purposes of sexual exploitation.

219Taking child for immoral purposes

(1)Any person who takes or entices away, or detains a child who is under the age of 16 years and is not the husband or wife of that person for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a proscribed act) defined to constitute an offence in section 210 or 215 is guilty of a crime.

(2)If the child is of or above the age of 12 years, the offender is liable to imprisonment for 10 years.

(3)If the child is under the age of 12 years, the offender is liable to imprisonment—

(a)for life, where the proscribed act is one defined to constitute an offence in section 215; or

(b)for 14 years in any other case.

(3A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)If the proscribed act is one defined to constitute an offence defined in section 210 or 215 and the child is of or above 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above 16 years.

221Conspiracy to defile

Any person who conspires with another to induce a third person, by any false pretence or other fraudulent means, to permit any person to engage in unlawful penile intercourse with the third person commits a crime.

Maximum penalty—10 years imprisonment.

222Incest

(1)Any person who—

(a)engages in penile intercourse with the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and

(b)knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;

commits a crime.

Maximum penalty—imprisonment for life.

(2)Any person who attempts to commit the crime of incest is liable to imprisonment for 10 years.

(3)It is immaterial that the act or attempted act of penile intercourse happened with the consent of either person.

(4)It is a defence to a charge under this section to prove that the accused person was, at the time when the act or attempted act of penile intercourse happened, acting under the coercion of the other person.

(5)A reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that is a half, adoptive or step relationship.

(5A)For subsection (5), a reference to an adoptive relationship includes a relationship of that type that came into existence as a result of the making of an adoption order under the Adoption Act 2009 regardless of whether the order has been discharged.

(6)For subsection (5), a reference to a step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.

(7)Also, for subsection (5), a reference to a step relationship does not include a step relationship that first arose after the relevant persons became adults.

(7A)Also, if a parentage order is made under the Surrogacy Act 2010, a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—

(a)existed before the making of the order; or

(b)came into existence as a result of the making of the order regardless of whether the order has been discharged.

(7B)Also, if a cultural recognition order is made under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—

(a)existed before the making of the order; or

(b)came into existence as a result of the making of the order regardless of whether the order has been discharged.

(8)This section does not apply to penile intercourse between persons who are—

(a)lawfully married; or

(b)if both persons are adults—entitled to be lawfully married.

223Distributing intimate images

(1)A person who distributes an intimate image of another person—

(a)without the other person’s consent; and

(b)in a way that would cause the other person distress reasonably arising in all the circumstances;

      commits a misdemeanour.

Examples of circumstances for subsection (1)(b)—

•the circumstances surrounding the distribution of the intimate image

•the extent to which the distribution of the intimate image interferes with the other person’s privacy

•the relationship, if any, between the person who distributes the intimate image and the other person

Maximum penalty—3 years imprisonment.

(2)For subsection (1)(a), a child under the age of 16 years is incapable of giving consent.

(3)For subsection (1)(b), it is immaterial whether the person who distributes the intimate image intends to cause, or actually causes, the other person distress.

(4)It is a defence to a charge of an offence against subsection (1) to prove that—

(a)the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

(b)the person’s conduct was, in the circumstances, reasonable for that purpose.

(5)In this section—

consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

227Indecent acts

(1)Any person who—

(a)wilfully and without lawful excuse does any indecent act in any place to which the public are permitted to have access, whether on payment of a charge for admission or not; or

(b)wilfully does any indecent act in any place with intent to insult or offend any person;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)The offender may be arrested without warrant.

(3)Subsection (1) does not apply to a person who does an indecent act under the authority of an adult entertainment permit.

227AObservations or recordings in breach of privacy

(1)A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy—

(a)without the other person’s consent; and

(b)when the other person—

(i)is in a private place; or

(ii)is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act;

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

Examples of circumstances where a reasonable adult would expect to be afforded privacy—

1A person changing in a communal change room at a swimming pool may expect to be observed by another person who is also changing in the room but may not expect to be visually recorded.

2A person who needs help to dress or use a toilet may expect to be observed by the person giving the help but may not expect to be observed by another person.

(2)A person who observes or visually records another person’s genital or anal region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region—

(a)without the other person’s consent; and

(b)when the observation or visual recording is made for the purpose of observing or visually recording the other person’s genital or anal region;

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

Example for subsection (2)—

using a mobile phone in a public place to take photos of women’s underwear under their skirts without their consent

(3)In this section—

consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

genital or anal region, of a person, means the person’s genital or anal region when it is bare or covered only by underwear.

227BDistributing prohibited visual recordings

(1)A person who distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent, commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(2)In this section—

consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

227CPersons who are not criminally responsible for offences against ss 223, 227A and 227B

(1)A person is not criminally responsible for an offence against section 223, 227A(1) or (2) or 227B(1) if—

(a)the person is, at the time of the offence, a law enforcement officer acting in the course of the person’s duties; and

(b)the person’s conduct is reasonable in the circumstances for the performance of the duties.

(2)A person is not criminally responsible for an offence against section 223, 227A(1) or (2) or 227B(1) in relation to an intimate image or an observation or visual recording of another person who is in lawful custody or subject to a supervision order if—

(a)the person is, at the time of the offence, acting in the course of the person’s duties in relation to the other person’s lawful custody or supervision order; and

(b)the person’s conduct is reasonable in the circumstances for the performance of the duties.

Examples of conduct that may be reasonable for the performance of duties—

•the observation of a person for the safety of the person or another person

•the observation of a person providing a urine sample for a drug test

(3)In this section—

lawful custody includes detention under the Mental Health Act 2016 in—

(a)an authorised mental health service or a high security unit within the meaning of that Act; or

(b)the forensic disability service within the meaning of the Forensic Disability Act 2011.

supervision order, for a person, means an order under an Act or a law of the Commonwealth or another State or made by an Australian court that subjects the person to supervision including, for example, the following orders—

(a)a community based order, or drug and alcohol treatment order, under the Penalties and Sentences Act 1992;

(b)a community based order or supervised release order under the Youth Justice Act 1992;

(c)a parole order under the Corrective Services Act 2006;

(d)a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

228Obscene publications and exhibitions

(1)Any person who knowingly, and without lawful justification or excuse—

(a)publicly sells, distributes or exposes for sale any obscene book or other obscene printed or written matter, any obscene computer generated image or any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or

(b)exposes to view in any place to which the public are permitted to have access, whether on payment of a charge for admission or not, any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or

(c)publicly exhibits any indecent show or performance, whether on payment of a charge for admission to see the show or performance or not;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)In the case of an offence defined in subsection (1)(a) or (b), if the matter or thing is obscene or tends to corrupt morals by reason of depicting a person who is or is represented to be—

(a)a child under the age of 16 years—the offender is liable to imprisonment for 5 years; or

(b)a child under the age of 12 years—the offender is liable to imprisonment for 10 years.

(3)In the case of an offence defined in subsection (1)(c), if a person appearing in the indecent show or performance is or is represented to be—

(a)a child under the age of 16 years—the offender is liable to imprisonment for 5 years; or

(b)a child under the age of 12 years—the offender is liable to imprisonment for 10 years.

(4)It is a defence to a charge of any of the offences defined in this section to prove that it was for the public benefit that the act complained of should be done.

(5)Whether the doing of any such act is or is not for the public benefit is a question of fact.

(5A)Section 207A, definition distribute, does not apply to this section.

(6)In this section—

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.

228AInvolving child in making child exploitation material

(1)A person who involves a child in the making of child exploitation material commits a crime.

Maximum penalty—

(a)if the offender uses a hidden network or an anonymising service in committing the offence—25 years imprisonment; or

(b)otherwise—20 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)In this section—

involves a child in the making of child exploitation material includes—

(a)in any way concerns a child in the making of child exploitation material; and

(b)attempts to involve a child in the making of child exploitation material.

228BMaking child exploitation material

(1)A person who makes child exploitation material commits a crime.

Maximum penalty—

(a)if the offender uses a hidden network or an anonymising service in committing the offence—25 years imprisonment; or

(b)otherwise—20 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)In this section—

make child exploitation material includes—

(a)produce child exploitation material; and

(b)attempt to make child exploitation material.

228CDistributing child exploitation material

(1)A person who distributes child exploitation material commits a crime.

Maximum penalty—

(a)if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

(b)otherwise—14 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

228DPossessing child exploitation material

(1)A person who knowingly possesses child exploitation material commits a crime.

Maximum penalty—

(a)if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

(b)otherwise—14 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

228DA Administering child exploitation material website

(1)A person who administers a website knowing the website is used to distribute child exploitation material commits a crime.

Maximum penalty—

(a)if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

(b)otherwise—14 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)It is a defence to a charge under this section to prove that the person, on becoming aware the website was being used to distribute child exploitation material, took all reasonable steps in the circumstances to prevent other persons from being able to use the website to access child exploitation material.

Examples of steps that may be reasonable in the circumstances—

•telling a police officer the website is being used to distribute child exploitation material and complying with any reasonable direction given by the police officer about what to do in relation to the website

•shutting the website down

•modifying the operation of the website so it can not be used to distribute or access child exploitation material

(5)In this section—

administer, a website, includes—

(a)design, create, manage or maintain the website, part of the website or a function of the website; or

(b)provide a device to host the website, part of the website or a function of the website; or

(c)facilitate the operation and use of the website, part of the website or a function of the website.

228DB Encouraging use of child exploitation material website

(1)A person who, knowing a website is used to distribute child exploitation material, distributes information—

(a)to encourage someone, whether a particular person or not, to use the website; or

(b)to advertise or promote the website to someone, whether a particular person or not;

      commits a crime.

Maximum penalty—

(a)if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

(b)otherwise—14 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

228DC Distributing information about avoiding detection

(1)A person who distributes information about how to avoid detection of, or prosecution for, conduct that involves the commission of a child exploitation material offence commits a crime.

Maximum penalty—

(a)if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

(b)otherwise—14 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)In this section—

child exploitation material offence means an offence against section 228A, 228B, 228C, 228D, 228DA, 228DB or this section.

228EDefences for ss 228A–228DC

(1)Subsections (2), (3) and (5) prescribe defences available to a person charged with an offence against section 228A, 228B, 228C, 228D, 228DA, 228DB or 228DC.

(2)It is a defence for the person to prove that—

(a)the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

(b)the person’s conduct was, in the circumstances, reasonable for that purpose.

Example of something made for a public benefit—

a current affairs television program showing children being tortured during a civil war

(3)It is a defence for the person to prove that, at the time of the alleged offence—

(a)the material that is alleged to be child exploitation material was subject to a conditional cultural exemption in relation to a relevant showing; and

(b)the person engaged in the conduct that is alleged to constitute the offence for the purpose of the relevant showing.

(4)Whether conduct was engaged in for a purpose mentioned in subsection (2)(a) or (3)(b) is a question of fact.

(5)It is a defence for the person to prove that the material alleged to be child exploitation material is a computer game, film or publication that is classified as something other than RC.

(6)For subsection (5), the material may have been classified before, or may be classified after, the offence is alleged to have been committed.

(7)A certificate that states any of the following facts is evidence of that fact—

(a)whether a stated computer game, film or publication has been classified;

(b)if a stated computer game, film or publication has been classified—the classification given to the computer game, film or publication.

(8)In this section—

certificate means a certificate under the Commonwealth Classification Act, section 25 or 87.

relevant showing has the meaning given by the Commonwealth Classification Act, sections 6C and 6E.

subject to a conditional cultural exemption has the meaning given by the Commonwealth Classification Act, section 5.

228FExcluding non-essential persons from court when child exploitation material displayed

(1)When material alleged to be child exploitation material is on display in a courtroom, the court must exclude from the courtroom anyone who is not an essential person.

(2)An essential person is—

(a)a party, or a person representing a party, to the proceeding; or

(b)a Crown Law Officer or a person authorised by a Crown Law Officer; or

(c)the prosecutor; or

(d)a witness giving evidence; or

(e)a person who is an intermediary under the Evidence Act 1977, part 2, division 4C for a witness giving evidence; or

(f)a person who a witness is entitled to have present in court under the Evidence Act 1977, section 21A(2)(d) or 21AV or the Criminal Law (Sexual Offences) Act 1978, section 5(1)(g); or

(g)a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding; or

(h)a person who applies to the court to be present and whose presence, in the court’s opinion—

(i)would serve a proper interest of the person; and

(ii)would not be prejudicial to the interests of any child described or depicted in the child exploitation material, whether or not any child can be identified from the child exploitation material.

(3)When forming an opinion under subsection (2)(g) or (h), the court must consider the public benefit of limiting the number of people with access to child exploitation material.

228GForfeiture of child abuse objects, child exploitation material etc.

(1)This section applies if a person is prosecuted for an offence against—

(a)section 210(1)(e) or (f), 218A or 218B; or

(b)section 228A, 228B, 228C, 228D, 228DA, 228DB, 228DC, 228I or 228J.

(2)Whether or not the person is convicted of the offence, the court may order the photograph, visual image, material or object that is the subject of the offence be forfeited to the State.

(3)If the person is convicted of the offence, the court may also order that anything used to commit the offence be forfeited to the State.

Example of a thing used to commit the offence—

a computer, camera or sound recording device

(4)Subsections (2) and (3) apply whether the thing to be forfeited has been seized or is in its owner’s possession.

(5)The court may also make any order that it considers appropriate to enforce the forfeiture.

(6)This section does not limit the court’s powers under the Penalties and Sentences Act 1992, the Criminal Proceeds Confiscation Act 2002 or another law.

(7)When forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.

228HPossession etc. of child abuse objects or child exploitation material by law enforcement officer

(1)A person is not criminally responsible for an offence against section 228B, 228C, 228D, 228DA, 228DB, 228DC, 228I or 228J if—

(a)the person is, at the time of the offence, a law enforcement officer acting in the course of the person’s duties; and

(b)the person’s conduct is reasonable in the circumstances for the performance of the duties.

Examples of conduct that may be reasonable for the performance of a law enforcement officer’s duties—

•copying child exploitation material for the purposes of preparing a brief for police prosecutors

•supplying child exploitation material to the Classification Board established under the Commonwealth Classification Act for classification under that Act or to the Office of the Director of Public Prosecutions for use during the prosecution of a person for an offence

•keeping child exploitation material obtained during an investigation for legitimate intelligence purposes

(2)However, subsection (1) does not apply to the extent that the person’s conduct consists of engaging in conduct or an activity that—

(a)is authorised under—

(i)the Police Powers and Responsibilities Act 2000, chapter 10 or 11; or

(ii)the Crime and Corruption Act 2001, chapter 3, part 6A; or

(b)is otherwise directed to gaining evidence of the commission of an offence against a particular person.

(3)In this section—

law enforcement officer includes an inspector under any of the following Acts—

(a)the Classification of Computer Games and Images Act 1995;

(b)the Classification of Films Act 1991;

(c)the Classification of Publications Act 1991.

228IProducing or supplying child abuse object

(1)A person who produces or supplies a child abuse object commits a crime.

Maximum penalty—

(a)if the production or supply is for a commercial purpose—20 years imprisonment; or

(b)otherwise—14 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(4)In this section—

produce includes—

(a)prepare, manufacture or package; and

(b)offer to produce; and

(c)do or offer to do any act in preparation for or furtherance of, or for the purpose of, an act of producing.

supply includes—

(a)give, distribute, sell or transport; and

(b)offer to supply; and

(c)do or offer to do any act in preparation for or furtherance of, or for the purpose of, an act of supply.

228JPossessing child abuse object

(1)A person who knowingly possesses a child abuse object commits a crime.

Maximum penalty—14 years imprisonment.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

228KDefence for ss 228I and 228J

(1)It is a defence for a person charged with an offence against section 228I or 228J to prove that—

(a)the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

(b)the person’s conduct was, in the circumstances, reasonable for that purpose.

(2)Whether conduct was engaged in for a purpose mentioned in subsection (1)(a) is a question of fact.

229Knowledge of age immaterial

Except as otherwise expressly stated, it is immaterial, in the case of any of the offences defined in this chapter committed with respect to a person under a specified age, that the accused person did not know that the person was under that age, or believed that the person was not under that age.

229AThreats to distribute intimate image or prohibited visual recording

(1)A person commits a misdemeanour if—

(a)the person makes a threat to another person to distribute an intimate image or prohibited visual recording of the other person—

(i)without the other person’s consent; and

(ii)in a way that would cause the other person distress reasonably arising in all the circumstances; and

(b)the threat is made in a way that would cause the other person fear, reasonably arising in all the circumstances, of the threat being carried out.

Examples of circumstances for subsection (1)—

•the circumstances surrounding the threat

•the relationship, if any, between the person who makes the threat and the other person

Maximum penalty—3 years imprisonment.

(2)A person commits a misdemeanour if—

(a)the person makes a threat to another person (person A) to distribute an intimate image or prohibited visual recording of another person (person B)—

(i)without person B’s consent; and

(ii)in a way that would cause either person A or person B distress reasonably arising in all the circumstances; and

(b)the threat is made in a way that would cause person A fear, reasonably arising in all the circumstances, of the threat being carried out.

Examples of circumstances for subsection (2)—

•the circumstances surrounding the threat

•the relationship, if any, between the person who makes the threat and person A or person B

Maximum penalty—3 years imprisonment.

(3)For subsections (1) and (2) it is immaterial whether—

(a)the intimate image or prohibited visual recording exists or does not exist; or

(b)the person who makes the threat intends to cause, or actually causes, the fear mentioned in the subsection.

(4)For subsections (1)(a)(i) and (2)(a)(i), a child under the age of 16 years is incapable of giving consent.

(5)In this section—

consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

229AA Rectification order—offence against s 223, 227A, 227B or 229A

(1)If a person is convicted of an offence against section 223(1), 227A(1) or (2), 227B(1) or 229A(1) or (2) the court may order the person to take reasonable action to remove, retract, recover, delete or destroy an intimate image or prohibited visual recording involved in the offence within a stated period.

(2)A person who fails to comply with an order made under subsection (1) commits a misdemeanour.

Maximum penalty—2 years imprisonment.

229BRepeated sexual conduct with a child

(1)Any adult who maintains an unlawful sexual relationship with a child under the age of 16 years commits a crime.

Maximum penalty—life imprisonment.

(2)An unlawful sexual relationship is a relationship that involves more than 1 unlawful sexual act over any period.

(3)For an adult to be convicted of the offence of maintaining an unlawful sexual relationship with a child, all the members of the jury must be satisfied beyond reasonable doubt that the evidence establishes that an unlawful sexual relationship with the child involving unlawful sexual acts existed.

(4)However, in relation to the unlawful sexual acts involved in an unlawful sexual relationship—

(a)the prosecution is not required to allege the particulars of any unlawful sexual act that would be necessary if the act were charged as a separate offence; and

(b)the jury is not required to be satisfied of the particulars of any unlawful sexual act that it would have to be satisfied of if the act were charged as a separate offence; and

(c)all the members of the jury are not required to be satisfied about the same unlawful sexual acts.

(5)If the child was at least 12 years when the crime was alleged to have been committed, it is a defence to prove the adult believed on reasonable grounds the child was at least the age of 16 years.

(6)An adult can not be prosecuted for the crime without a Crown Law Officer’s consent.

(6A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for the crime.

(7)An adult may be charged in 1 indictment with—

(a)the offence of maintaining an unlawful sexual relationship with a child (the maintaining offence); and

(b)1 or more other offences of a sexual nature alleged to have been committed by the adult in relation to the child in the course of the alleged unlawful sexual relationship (the other offence or offences).

(8)The adult charged in 1 indictment as mentioned in subsection (7) may be convicted of and punished for any or all of the offences charged.

(9)However, if the adult is—

(a)charged in 1 indictment as mentioned in subsection (7); and

(b)sentenced to imprisonment for the maintaining offence and for the other offence or offences;

the court imposing imprisonment may not order that the sentence for the maintaining offence be served cumulatively with the sentence or sentences for the other offence or offences.

Note—

See the Penalties and Sentences Act 1992, section 155 (Imprisonment to be served concurrently unless otherwise ordered).

(9A)The heading of this section—

(a)is not part of this section, despite the Acts Interpretation Act 1954, section 14; and

(b)is not intended to affect the interpretation or operation of this section.

Note—

Parliament, in amending the heading of this section by the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 did not intend to change the nature or scope of this offence or the requirements for establishing an offence against this section.

(10)In this section—

offence of a sexual nature means an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352.

unlawful sexual act means an act that constitutes, or would constitute (if it were sufficiently particularised), an offence of a sexual nature.

Note—

See sections 746 and 747 in relation to—

(a)the application of this section in relation to acts done before 3 July 1989; and

(b)the application of this section during the period 3 July 1989 to 30 April 2003.

229BB Failure to protect child from child sexual offence

(1)An accountable person commits a crime if—

(a)the person knows there is a significant risk that another adult (the alleged offender) will commit a child sexual offence in relation to a child; and

(b)the alleged offender—

(i)is associated with an institution; or

(ii)is a regulated volunteer; and

(c)the child is under the care, supervision or control of an institution; and

(d)the child is either—

(i)under 16 years; or

(ii)a person with an impairment of the mind; and

(e)the person has the power or responsibility to reduce or remove the risk; and

(f)the person wilfully or negligently fails to reduce or remove the risk.

Maximum penalty—5 years imprisonment.

(2)For subsection (1), it does not matter that the knowledge was gained by the accountable person during, or in connection with, a religious confession.

(3)For this section, an adult is associated with an institution if the adult—

(a)owns, or is involved in the management or control of, the institution; or

(b)is employed or engaged by the institution; or

(c)works as a volunteer for the institution; or

(d)engages in an activity in relation to the institution for which a working with children authority under the Working with Children (Risk Management and Screening) Act 2000 is required; or

(e)engages in the delivery of a service to a child who is under the care, supervision or control of the institution.

(4)In this section—

accountable person means an adult who is associated with an institution, other than a regulated volunteer.

institution means an entity, other than an individual, that—

(a)provides services to children; or

(b)operates a facility for, or engages in activities with, children under the entity’s care, supervision or control.

Examples of institutions—

schools, government agencies, religious organisations, hospitals, child care centres, licensed residential facilities, sporting clubs, youth organisations

regulated volunteer means an adult who is taken to be a volunteer employed or engaged in regulated employment at a person’s home, residence or household under any of the following provisions of the Working with Children (Risk Management and Screening) Act 2000, schedule 1—

(a)section 4(2) or (3);

(b)section 9(2);

(c)section 14(2).

229BC Failure to report belief of child sexual offence committed in relation to child

(1)This section applies to an adult if—

(a)the adult gains information that causes the adult to believe on reasonable grounds, or ought reasonably to cause the adult to believe, that a child sexual offence is being or has been committed against a child by another adult; and

(b)at the relevant time, the child is or was—

(i)under 16 years; or

(ii)a person with an impairment of the mind.

(2)If, without reasonable excuse, the adult fails to disclose the information to a police officer as soon as reasonably practicable after the belief is, or ought reasonably to have been, formed, the adult commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(3)For subsection (1), it does not matter that the information was gained by the adult during, or in connection with, a religious confession.

(4)Without limiting what may be a reasonable excuse for subsection (2), an adult has a reasonable excuse if—

(a)the adult believes on reasonable grounds that the information has already been disclosed to a police officer; or

(b)the adult has already reported the information under any of the following provisions, or believes on reasonable grounds that another person has done or will do so—

(i)the Child Protection Act 1999, chapter 2, part 1AA;

(ii)the Education (General Provisions) Act 2006, chapter 12, part 10;

(iii)the Youth Justice Act 1992, part 8 or 9; or

(c)the adult gains the information after the child becomes an adult (the alleged victim), and the adult reasonably believes the alleged victim does not want the information to be disclosed to a police officer; or

(d)both of the following apply—

(i)the adult reasonably believes disclosing the information to a police officer would endanger the safety of the adult or another person, other than the alleged offender, regardless of whether the belief arises because of the fact of the disclosure or the information disclosed;

(ii)failure to disclose the information to a police officer is a reasonable response in the circumstances.

(5)An adult who, in good faith, discloses information mentioned in subsection (1)(a) to a police officer is not liable civilly, criminally or under an administrative process for making the disclosure.

(6)In this section—

relevant time, in relation to the child sexual offence mentioned in subsection (1)(a), means the time that the adult—

(a)believes to be the time of commission of the offence; or

(b)ought reasonably to believe to be the time of commission of the offence.

229CDefinitions for ch 22A

In this chapter—

address means current place of residence.

arrangement includes scheme, agreement, understanding, promise or undertaking, whether express or implied.

capacity means ability or power (whether direct or indirect), and includes ability or power that is exercisable because of, by way of, in breach of, or by revocation of, any of, or any combination of, the following (whether or not they are enforceable)—

(a)trusts;

(b)arrangements;

(c)practices.

carry on a business see section 229F.

control means the capacity of an entity to dominate, whether directly or indirectly, decision making in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives.

entity means any legal, administrative or fiduciary arrangement, organisational structure or other party (including a person) having the capacity to deploy scarce resources in order to achieve objectives.

participate means enable, aid, facilitate, organise or control.

place includes—

(a)vacant land (which may be held under more than 1 title or owner); and

(b)a place in Queensland waters; and

(c)premises.

premises includes—

(a)a building or structure, or a part of a building or structure, of any type; and

(b)a group of buildings or structures, or a part of a group of buildings or structures, of any type (which may be held under more than 1 title or owner); and

(c)the land or water on which a building or structure is, or a group of buildings or structures are, situated (which may be held under more than 1 title or owner); and

(d)a vehicle, caravan, vessel or aircraft.

prostitution see section 229E.

publishing means publishing in Queensland or elsewhere by way of television, newspaper, radio or another form of communication.

unlawful prostitution means prostitution by 2 or more prostitutes, other than at a licensed brothel in accordance with the brothel licence for the brothel.

229DMeaning of sexual intercourse for ch 22A

(1)For this chapter, sexual intercourse includes either or both of the following activities—

(a)the penetration, to any extent, of the vagina, vulva or anus of a person by any part of the body of another person;

(b)the penetration, to any extent, of the vagina, vulva or anus of a person, carried out by another person using an object.

(2)In this section—

penetration does not include penetration carried out for a proper medical, hygienic or law enforcement purpose.

229EMeaning of prostitution

(1)A person engages in prostitution if the person engages, or offers to engage, in the provision to another person, under an arrangement of a commercial character, of any of the following activities—

(a)sexual intercourse;

(b)masturbation;

(c)oral sex;

(d)any activity, other than sexual intercourse, masturbation or oral sex, that involves the use of 1 person by another for his or her sexual satisfaction involving physical contact.

(2)However, a person does not engage in prostitution if—

(a)the activity is an activity mentioned in subsection (1)(d); and

(b)the person is providing adult entertainment under an adult entertainment permit and is an adult and is not a person with an impairment of the mind; and

(c)the activity is authorised under the permit.

(3)Subsection (1) applies equally to males and females.

(4)It does not matter, in relation to an arrangement for the provision of an activity mentioned in subsection (1)(a), (b), (c) or (d), whether—

(a)the arrangement is initiated with the person engaging in the provision of the activity or a third person; or

(b)the pecuniary or other reward under the arrangement is to be received by the person engaging in the provision of the activity or a third person.

(5)In this section—

oral sex means the bringing into contact of any part of the genitalia or anus of a person with any part of the mouth of another person.

229FMeaning of carry on a business

To carry on a business, a person must at least—

(a)provide finance for the business; and

(b)either—

(i)take part in the management of the business; or

(ii)control the business.

229FA Obtaining prostitution from person who is not an adult

(1)A person (a client) who obtains prostitution from a person who is not an adult and who the client knows, or ought reasonably to know, is not an adult, commits a crime.

Maximum penalty—imprisonment for 7 years.

(2)If the person who provides the prostitution is under 16 years, the offender is liable to a maximum penalty of 14 years imprisonment.

229GProcuring engagement in prostitution

(1)A person who—

(a)procures another person to engage in prostitution, either in Queensland or elsewhere; or

(b)procures another person—

(i)to leave Queensland for the purpose of engaging in prostitution elsewhere; or

(ii)to come to Queensland for the purpose of engaging in prostitution; or

(iii)to leave the other person’s usual place of residence in Queensland for the purpose of engaging in prostitution, either in Queensland or elsewhere;

commits a crime.

Maximum penalty—imprisonment for 7 years.

(2)If the procured person is not an adult or is a person with an impairment of the mind, the offender is liable to a maximum penalty of 20 years imprisonment.

(2A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(2B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(3)A licensee or approved manager of a licensed brothel, or his or her agent, does not contravene subsection (1) only because the licensee, manager or agent has employed an adult who is not a person with an impairment of the mind to work as a prostitute at the brothel in accordance with the brothel licence for the brothel.

(4)For subsection (3), it does not matter whether the prostitute is employed under a contract of service or a contract for service.

(5)In this section—

procure includes knowingly entice or recruit for the purposes of sexual exploitation.

229HKnowingly participating in provision of prostitution

(1)A person who knowingly participates, directly or indirectly, in the provision of prostitution by another person commits a crime.

Maximum penalty—

(a)for a first offence—imprisonment for 3 years; or

(b)for a second offence—imprisonment for 5 years; or

(c)for a third or subsequent offence—imprisonment for 7 years.

Examples of the crime—

Example 1—

a person who knowingly participates in the provision of prostitution by another person through a company, or other entity, or through another individual

Example 2—

a person who provides financial or other resources to enable the establishment of premises from which prostitution is carried out or coordinated knowing that the premises will be so used

Example 3—

a person who receives financial or other benefit from another person engaging in prostitution in return for the procuring of clients

Example 4—

drivers, operators and hirers of vehicles who provide transport, or the means of transport, for prostitutes or clients knowing that the transport provided is assisting prostitution unless section 229HA(4)(b)(ii) applies

Example 5—

a person who receives, directs or redirects telephone calls or other forms of messages, or who takes bookings or receives money, knowing that the action is in connection with the engaging in of prostitution by another person unless section 229HA(5) applies

Example 6—

a person who participates, directly or indirectly, in any service, action or matter for the purpose of knowingly enabling another person to engage in prostitution

Note—

Some of these examples may also illustrate the offence defined in section 229HB.

(2)However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, engaged in the provision of the prostitution, the offender is liable to a maximum penalty of 14 years imprisonment.

(3)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(4)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

229HA When section 229H does not apply to a person

(1)Subsections (2) to (5) set out particular circumstances in which section 229H does not apply to a person.

(2)Section 229H does not apply to a person (the participant) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a)the provision of the prostitution by the other person happens at a licensed brothel in accordance with the brothel licence for the brothel; and

(b)the other person is an adult and is not a person with an impairment of the mind.

(3)Section 229H does not apply to a person (also the participant) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a)the activity constituting the prostitution is an activity mentioned in section 229E(1)(d); and

(b)the person engaging in the activity is providing adult entertainment under an adult entertainment permit and is an adult and is not a person with an impairment of the mind; and

(c)the activity is authorised under the permit.

(4)Section 229H does not apply to a person (also the participant) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a)the provision of the prostitution by the other person does not take place at a licensed brothel, and the prostitution is not unlawful prostitution; and

(b)either—

(i)the participant—

(A)is the holder of a current licence issued under the Security Providers Act 1993 for carrying out the functions of a bodyguard under that Act; and

(B)participates in the provision of the prostitution no more than the extent necessary for providing services as a bodyguard; and

(C)participates in the provision of the prostitution by the other person and no one else; or

(ii)the participant—

(A)is the holder of a current licence issued under the Security Providers Act 1993 for carrying out the functions of a crowd controller under that Act; and

(B)participates in the provision of the prostitution no more than the extent necessary for providing services as a driver; and

(C)participates in the provision of the prostitution by the other person and no one else; and

(c)the other person is an adult and is not a person with an impairment of the mind.

(5)Section 229H does not apply to a person (also the participant) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a)the provision of the prostitution by the other person does not take place at a licensed brothel, and the prostitution is not unlawful prostitution; and

(b)the participant directly receives a message from the other person about the other person’s location, or the activity being undertaken by the other person, in relation to the provision of prostitution by the other person; and

(c)the participant participates in the provision of the prostitution no more than the extent necessary for ensuring the safety of the other person; and

(d)the participant participates in the provision of the prostitution by the other person and no one else; and

(e)the participant does not engage in prostitution.

229HB Carrying on business of providing unlawful prostitution

(1)A person who knowingly carries on the business of providing unlawful prostitution commits a crime.

Maximum penalty—imprisonment for 7 years.

(2)However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, engaged in the provision of the prostitution, the offender is liable to a maximum penalty of 14 years imprisonment.

(2A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(2B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(3)This section and section 229H do not limit each other.

229HC Persons engaging in or obtaining prostitution through unlawful prostitution business

(1)A person who engages in prostitution through a business suspected on reasonable grounds of providing unlawful prostitution commits a crime.

Maximum penalty—

(a)for a first offence—imprisonment for 3 years; or

(b)for a second offence—imprisonment for 5 years; or

(c)for a third or subsequent offence—imprisonment for 7 years.

(2)A person who, without reasonable excuse, obtains prostitution through a business suspected on reasonable grounds of providing unlawful prostitution commits a crime.

Maximum penalty—

(a)for a first offence—imprisonment for 3 years; or

(b)for a second offence—imprisonment for 5 years; or

(c)for a third or subsequent offence—imprisonment for 7 years.

229IPersons found in places reasonably suspected of being used for prostitution etc.

(1)A person who, without reasonable excuse, is found in, or leaving after having been in, a place suspected on reasonable grounds of being used for the purposes of prostitution by 2 or more prostitutes commits a crime.

Maximum penalty—

(a)for a first offence—imprisonment for 3 years; or

(b)for a second offence—imprisonment for 5 years; or

(c)for a third or subsequent offence—imprisonment for 7 years.

(2)However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, in the place at the time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment.

(3)In sentencing an offender who is a prostitute or client, the court may, in mitigation of sentence, have regard to evidence of an appropriate sexual health check undergone by the offender within 3 months before the offence.

(4)Subsection (1) does not apply to a person (the relevant person) if the place is a licensed brothel, unless—

(a)if the relevant person, without reasonable excuse, is found in the place—a person who is not an adult or who is a person with an impairment of the mind is, to the relevant person’s knowledge, also in the place; or

(b)if the relevant person, without reasonable excuse, is found leaving after having been in the place—a person who is not an adult or who is a person with an impairment of the mind was, to the relevant person’s knowledge, also in the place when the relevant person was in the place.

229JCertificate of discharge for particular offences

(1)In this section—

defendant means a person charged with an unlawful prostitution offence or an unlawful presence offence.

identifying matter means—

(a)the name, address, place of employment or another particular of the defendant or another person that is likely to lead to the identification of the defendant; or

(b)any photograph, picture, videotape or other visual representation of the defendant or another person that is likely to lead to the identification of the defendant.

the court means a court before which is brought a charge against a defendant for an unlawful prostitution offence or an unlawful presence offence, and includes a justice conducting an examination of witnesses in relation to an unlawful prostitution offence or an unlawful presence offence charged against a defendant.

unlawful presence offence means an offence against section 229I.

unlawful prostitution offence means an offence against section 229HC(1) or (2).

(2)At any time before being found guilty of the unlawful prostitution offence or the unlawful presence offence, the defendant—

(a)may apply to the court for the issue of the certificate of discharge mentioned in subsection (6) in relation to the unlawful prostitution offence or the unlawful presence offence; and

(b)may apply to the court for an order prohibiting publication of identifying matter in relation to the defendant if the certificate is granted.

(3)The application may be heard in court or in chambers.

(4)If the defendant has been charged on indictment, the application is to be heard and determined by a judge sitting alone without a jury.

(5)On making the application the defendant must give evidence, and may be cross-examined, in relation to all matters relevant to—

(a)the commission, by the defendant, of the unlawful prostitution offence or the unlawful presence offence; and

(b)the commission, by any other person, of an offence against this Code—

(i)if the offence is an unlawful prostitution offence—in relation to carrying on the business of providing unlawful prostitution; or

(ii)if the offence is an unlawful presence offence—in relation to the premises.

(6)If the court is satisfied that the evidence is a full and true disclosure by the defendant of all material particulars within the defendant’s knowledge relevant to the application, the court must immediately give the defendant a certificate stating that the defendant is discharged on the unlawful prostitution offence or the unlawful presence offence.

(7)The defendant can not afterwards be convicted or further prosecuted for the unlawful prostitution offence or the unlawful presence offence.

(8)If the court grants an application under subsection (2)(b), the court may make an order prohibiting the publishing of any identifying matter in relation to the defendant either indefinitely or until further order.

(9)A police officer or other person may serve a copy of the order on any person.

(10)A person who knowingly contravenes an order under subsection (8) commits a crime.

Maximum penalty for subsection (10)—2,000 penalty units, imprisonment for 5 years or both.

229KHaving an interest in premises used for prostitution etc.

(1)In this section—

interested person, in relation to premises, means a person who—

(a)owns, leases, rents or otherwise has an interest in premises; or

(b)is entitled to occupy or use premises; or

(c)controls an entity that—

(i)owns, leases, rents or otherwise has an interest in premises; or

(ii)is entitled to occupy or use premises.

(2)A person who—

(a)is an interested person in relation to premises; and

(b)knowingly allows the premises to be used for the purposes of prostitution by 2 or more prostitutes;

commits a crime.

Maximum penalty—

(a)for a first offence—imprisonment for 3 years; or

(b)for a second offence—imprisonment for 5 years; or

(c)for a third or subsequent offence—imprisonment for 7 years.

(3)However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, in the premises at a time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment.

(3A)Subsection (2) does not apply to an interested person in relation to a licensed brothel.

(3B)However, subsection (3A) does not apply if, to the interested person’s knowledge, a person who was not an adult or who was a person with an impairment of the mind was in the premises when the interested person was allowing the person to be using the premises for prostitution.

(4)A person allows premises to be used for the purposes of prostitution if the person—

(a)knowingly permits the premises to be used for the purposes of prostitution; or

(b)knowing that the premises are being used for the purposes of prostitution, fails to take every reasonable step to stop that use.

(5)A police officer may serve on a person who is an interested person in relation to premises a written warning to the effect that the premises are being used for the purposes of prostitution by 2 or more prostitutes.

(6)In a prosecution against the interested person mentioned in subsection (5), or another person aware of the warning, for an offence against subsection (2), evidence of the warning and its contents are admissible against the defendant.

(7)If a person who is an interested person in relation to premises—

(a)is served with a warning under subsection (5) in relation to the premises; or

(b)otherwise has reasonable grounds to suspect that the premises are being used for the purposes of prostitution by 2 or more prostitutes;

the person may, by writing served on an occupier or user of the premises, require the occupier or user to leave the premises not later than 7 days after the service of the notice and not return.

(8)A person who, without reasonable excuse, contravenes a requirement made of the person under subsection (7) commits a crime.

Example of reasonable excuse—

If the premises concerned were not used for the purposes of prostitution by 2 or more prostitutes, the person has a reasonable excuse for failing to comply with the requirement.

Maximum penalty—imprisonment for 7 years.

(9)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(10)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

229LPermitting young person etc. to be at place used for prostitution

(1)A person who knowingly causes or permits a person who is not an adult or is a person with an impairment of the mind to be at a place used for the purposes of prostitution by 2 or more prostitutes commits a crime.

Maximum penalty—imprisonment for 14 years.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

229MEvidence that business of prostitution is being carried on

(1)The fact that a business of prostitution is being carried on may be inferred from employment records, business records, telephone records, advertisements and other relevant factors and circumstances.

(2)However, evidence of condoms and other material for safe sex practices is not admissible against a defendant.

229NEvidence that place is being used for prostitution

(1)The fact that a place is being used for the purposes of prostitution may be inferred from evidence of the condition of the place, material found at the place and other relevant factors and circumstances.

(2)However, evidence of condoms and other material for safe sex practices is not admissible against a defendant.

229ONon-compellability of health service providers

(1)In this section—

health service means a service genuinely provided to a person for the benefit of human health, and includes a health service under the Health Ombudsman Act 2013.

health services provider means—

(a)a health practitioner under the Health Practitioner Regulation National Law (Queensland); or

(b)another person who provides a health service; or

(c)an employee of a person mentioned in paragraph (a) or (b).

(2)A health services provider is entitled to refuse to provide any document or information, or answer any question, in relation to an investigation of, or prosecution for, an offence against this chapter on the ground that it would disclose information gained in providing a health service.

230ADefinitions for ch 23

In this chapter—

conduct means conduct, promote, organise, control or operate.

occupier, of a place, means any of the following—

(a)the owner, lessee or person apparently in charge of the place;

(b)the person who has the care, management or supervision of the place or who is conducting a business at the place.

place includes land, premises and a vehicle.

public place means—

(a)a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b)a place, or part of a place, the occupier of which allows, whether or not on payment of money, members of the public to enter.

unlawful game means a game of chance, or mixed chance and skill, that—

(a)is not authorised under an Act; and

(b)

is played by 1 or more persons (players) who gamble or bet on an outcome of the game for the purpose of winning money or another consideration; and

(c)has at least 1 of the following characteristics—

(i)the game is conducted or played in a public place;

(ii)the game is played in a place, or part of a place, the occupier of which allows, on payment of money or for other consideration, players to enter and use for playing the game;

(iii)a percentage of the amount gambled or bet is—

(A)kept by 1 or more of the players, or another person; and

(B)not included in the winnings of the players.

230Common nuisances

Any person who—

(a)without lawful justification or excuse, the proof of which lies on the person, does any act, or omits to do any act with respect to any property under the person’s control, by which act or omission danger is caused to the lives, safety, or health, of the public; or

(b)without lawful justification or excuse, the proof of which lies on the person, does any act, or omits to do any act with respect to any property under the person’s control, by which act or omission danger is caused to the property or comfort of the public, or the public are obstructed in the exercise or enjoyment of any right common to all Her Majestythe Sovereign’s subjects, and by which injury is caused to the person of some person;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

232Operating a place for unlawful games

(1)A person who operates a place—

(a)for the purpose of conducting an unlawful game, by the person or another person; or

(b)for the purpose of playing an unlawful game;

      commits a misdemeanour.

Maximum penalty—600 penalty units or 3 years imprisonment.

(2)In this section—

operates includes owns, leases, manages, controls and maintains.

233Possession of thing used to play an unlawful game

(1)A person who possesses gaming equipment that has been used, or is intended to be used, for playing an unlawful game commits an offence.

Maximum penalty—200 penalty units.

(2)In this section—

gaming equipment means a machine or other device (whether electronic, electrical or mechanical), computer software, or another thing, used or suitable for use, for playing an unlawful game.

Example of another thing, used or suitable for use, for playing an unlawful game—

implements for playing two-up

234Conducting or playing unlawful games

(1)A person who conducts an unlawful game commits an offence.

Maximum penalty—200 penalty units.

(2)A person who plays an unlawful game commits an offence.

Maximum penalty—40 penalty units.

236Misconduct with regard to corpses

(1)A person who, without lawful justification or excuse, the proof of which lies on the person, neglects to perform any duty imposed on the person by law, or undertaken by the person, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains is guilty of a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)A person who, without lawful justification or excuse, the proof of which lies on the person, improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not, is guilty of a crime.

Maximum penalty—5 years imprisonment.

238Contamination of goods

(1)A person who contaminates or interferes with goods, or makes it appear that goods have been contaminated or interfered with, commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(2)If the person commits the offence with intent to cause—

(a)public alarm or anxiety; or

(b)members of the public who are aware of the contamination or interference or apparent contamination or interference to refrain from purchasing those goods or goods of that or any similar class; or

(c)any person to suffer economic loss through taking steps to avoid public alarm or anxiety; or

(d)members of the public to refrain from purchasing those goods or goods of that or any similar class;

the person commits a crime.

Maximum penalty—10 years imprisonment.

(3)A person who, with any intent mentioned in subsection (2), threatens that he or she or any other person will contaminate or interfere with goods or make it appear that goods have been contaminated or interfered with, commits a crime.

Maximum penalty—7 years imprisonment.

(4)If the threat is accompanied by the making of a demand, the person commits a crime.

Maximum penalty—14 years imprisonment.

239Hoax contamination of goods

A person who makes a statement or conveys information to another person that he or she knows or believes to be false with the intention of inducing in that person or another person a belief that goods have been contaminated or interfered with and causes—

(a)public alarm or anxiety; or

(b)that person or that other person to refrain from purchasing those goods or goods of that or any similar class; or

(c)any person to suffer economic loss through taking steps to avoid public alarm or anxiety; or

(d)members of the public to refrain from purchasing those goods or goods of that or any similar class;

commits a crime.

Maximum penalty—7 years imprisonment.

240Dealing in contaminated goods

A person who knowingly—

(a)sells or exposes for sale as goods for human consumption, or has in the person’s possession with intent to sell it as goods for human consumption, any article that the person knows to be contaminated or otherwise unfit as goods for human consumption; or

(b)takes into a slaughter house used for the slaughter of any animals intended for human consumption the whole or any part of the carcass of an animal that has died of a disease; or

(c)sells or exposes for sale the whole or part of the carcass of an animal that has died of a disease or that was diseased when slaughtered;

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

241Definitions for ch 24

In this chapter—

contaminate includes to add, mix or put in a deleterious or poisonous substance.

goods includes beverage and food for human consumption and any substances whether natural or manufactured and whether or not incorporated in or mixed with other goods.

242Serious animal cruelty

(1)A person who, with the intention of inflicting severe pain or suffering, unlawfully kills, or causes serious injury or prolonged suffering to, an animal commits a crime.

Maximum penalty—7 years imprisonment.

(2)An act or omission that causes the death of, or serious injury or prolonged suffering to, an animal is unlawful unless it is authorised, justified or excused by—

(a)the Animal Care and Protection Act 2001; or

(b)another law, other than section 458 of this Code.

(3)In this section—

serious injury means—

(a)the loss of a distinct part or an organ of the body; or

(b)a bodily injury of such a nature that, if left untreated, would—

(i)endanger, or be likely to endanger, life; or

(ii)cause, or be likely to cause, permanent injury to health.

245Definition of assault

(1)A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an assault.

(2)In this section—

applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.

246Assaults unlawful

(1)An assault is unlawful and constitutes an offence unless it is authorised or justified or excused by law.

(2)The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person.

247Execution of sentence

It is lawful for a person who is charged by law with the duty of executing or giving effect to the lawful sentence of a court to execute or give effect to that sentence.

248Execution of process

It is lawful for a person who is charged by law with the duty of executing the lawful process of a court, and who is required to arrest or detain another person under such process, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the terms of the process.

249Execution of warrants

It is lawful for a person who is charged by law with the duty of executing a lawful warrant issued by any court or justice or other person having jurisdiction to issue it, and who is required to arrest or detain another person under such warrant, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the directions of the warrant.

250Erroneous sentence or process or warrant

If the sentence was passed, or the process was issued, by a court having jurisdiction under any circumstances to pass such a sentence or to issue such process, or if the warrant was issued by a court or justice or other person having authority under any circumstances to issue such a warrant, it is immaterial whether the court or justice or person had or had not authority to pass the sentence or issue the process or warrant in the particular case; unless the person executing the same knows that the sentence or process or warrant was in fact passed or issued without authority.

251Sentence or process or warrant without jurisdiction

A person who executes or assists in executing any sentence, process, or warrant, which purports to be passed or issued by a court, justice, or other person, and who would be justified, under the provisions of sections 247 to 250, in executing the same if it had been passed or issued by a court, justice, or person having authority to pass or issue it, is not criminally responsible for any act done in such execution, notwithstanding that the court, justice, or person, had no authority to pass the sentence or issue the process or warrant, if in such execution the person acted in good faith and in the belief that the sentence, process, or warrant, was that of a court, justice, or other person, having such authority.

252Arrest of wrong person

(1)A person who, being duly authorised to execute a warrant to arrest one person, arrests another person, believing in good faith and on reasonable grounds that the person arrested is the person named in the warrant, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.

(2)Any person who lawfully assists in making such an arrest, believing that the person arrested is the person named in the warrant, or who, being required by the warrant to receive and detain the person named in it, receives and detains the person so arrested, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.

253Irregular process or warrant

When any process or warrant is bad in law by reason of some defect in substance or in form apparent on the face of it, a person who, in good faith and believing that it is good in law, acts in the execution of the process or warrant, is not criminally responsible for anything done in such execution to any greater extent than if the process or warrant were good in law.

254Force used in executing process or in arrest

It is lawful for a person who is engaged in the lawful execution of any sentence, process, or warrant, or in making any arrest, and for any person lawfully assisting the person, to use such force as may be reasonably necessary to overcome any force used in resisting such execution or arrest.

255Duty of persons arresting

(1)It is the duty of a person executing any process or warrant to have it with him or her, if reasonably practicable, and to produce it if required.

(2)It is the duty of a person arresting another, whether with or without warrant, to give notice, if practicable, of the process or warrant under which the person is acting or of the cause of the arrest.

(3)A failure to fulfil either of the aforesaid duties does not of itself make the execution of the process or warrant or the arrest unlawful, but is relevant to the inquiry whether the process or warrant might not have been executed or the arrest made by reasonable means in a less forcible manner.

257Other cases of preventing escape from arrest

(1)When a person who is not a police officer is proceeding lawfully to arrest, without warrant, another person for an offence which is such that the offender may be arrested without warrant, and when any person is proceeding lawfully to arrest another person for any cause other than such an offence, and, in either case, the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the person seeking to arrest the other person to use such force as may be reasonably necessary to prevent the other person’s escape.

(2)But this section does not authorise the use of force which is intended or is likely to cause death or grievous bodily harm.

258Preventing escape or rescue after arrest

(1)When any person has lawfully arrested another person for any offence, it is lawful for the person to use such force as the person believes, on reasonable grounds, to be necessary to prevent the escape or rescue of the person arrested.

(2)But, if the offence is not a crime which is such that the offender may be arrested without warrant, this section does not authorise the use of force which is intended or is likely to cause death or grievous bodily harm.

(3)This section does not limit the powers a police officer has under the Police Powers and Responsibilities Act 2000.

260Preventing a breach of the peace

It is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person into the custody of a police officer.

261Suppression of riot

It is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportioned to the danger to be apprehended from its continuance.

262Suppression of riot by magistrates

It is lawful for a justice to use or order to be used such force as the justice believes, on reasonable grounds, to be necessary in order to suppress a riot, and is reasonably proportioned to the danger which the justice believes, on reasonable grounds, is to be apprehended from its continuance.

263Suppression of riot by person acting under lawful orders

(1)It is lawful for any person acting in good faith in obedience to orders, not manifestly unlawful, given by a justice for the suppression of a riot, to use such force as the person believes, on reasonable grounds, to be necessary for carrying such orders into effect.

(2)Whether any particular order so given is or is not manifestly unlawful is a question of law.

264Suppression of riot by person acting without order in case of emergency

When any person, whether subject to military law or not, believes, on reasonable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of a justice, it is lawful for the person to use such force as the person believes, on reasonable grounds, to be necessary for the suppression of the riot, and as is reasonably proportioned to the danger which the person believes, on reasonable grounds, is to be apprehended from its continuance.

265Riot—persons subject to military law

(1)It is lawful for a person who is bound by military law to obey the lawful commands of the person’s superior officer to obey any command given to the person by his or her superior officer in order to the suppression of a riot, unless the command is manifestly unlawful.

(2)Whether any particular command is or is not manifestly unlawful is a question of law.

266Prevention of crimes and offences for which an offender may be arrested without warrant—prevention of violence by particular persons

It is lawful for any person to use such force as is reasonably necessary in order to prevent the commission of an offence which is such that the offender may be arrested without warrant; or in order to prevent any act from being done as to which the person believes, on reasonable grounds, that it would, if done, amount to any such offence; or in order to prevent a person whom the person believes, on reasonable grounds, to be an involuntary patient under the Mental Health Act 2016 or a forensic disability client under the Forensic Disability Act 2011 from doing violence to any person or property.

267Defence of dwelling

It is lawful for a person who is in peaceable possession of a dwelling, and any person lawfully assisting him or her or acting by his or her authority, to use force to prevent or repel another person from unlawfully entering or remaining in the dwelling, if the person using the force believes on reasonable grounds—

(a)the other person is attempting to enter or to remain in the dwelling with intent to commit an indictable offence in the dwelling; and

(b)it is necessary to use that force.

268Provocation

(1)The term provocation, used with reference to an offence of which an assault is an element, means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under the person’s immediate care, or to whom the person stands in a conjugal, parental, filial, or fraternal, relation, or in the relation of master or servant, to deprive the person of the power of self-control, and to induce the person to assault the person by whom the act or insult is done or offered.

(2)When such an act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give to the latter provocation for an assault.

(3)A lawful act is not provocation to any person for an assault.

(4)An act which a person does in consequence of incitement given by another person in order to induce the person to do the act, and thereby to furnish an excuse for committing an assault, is not provocation to that other person for an assault.

(5)An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.

269Defence of provocation

(1)A person is not criminally responsible for an assault committed upon a person who gives the person provocation for the assault, if the person is in fact deprived by the provocation of the power of self-control, and acts upon it on the sudden and before there is time for the person’s passion to cool, and if the force used is not disproportionate to the provocation and is not intended, and is not such as is likely, to cause death or grievous bodily harm.

(2)Whether any particular act or insult is such as to be likely to deprive an ordinary person of the power of self-control and to induce the ordinary person to assault the person by whom the act or insult is done or offered, and whether, in any particular case, the person provoked was actually deprived by the provocation of the power of self-control, and whether any force used is or is not disproportionate to the provocation, are questions of fact.

270Prevention of repetition of insult

It is lawful for any person to use such force as is reasonably necessary to prevent the repetition of an act or insult of such a nature as to be provocation to the person for an assault, if the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

271Self-defence against unprovoked assault

(1)When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for the person to use such force to the assailant as is reasonably necessary to make effectual defence against the assault, if the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

(2)If the nature of the assault is such as to cause reasonable apprehension of death or grievous bodily harm, and the person using force by way of defence believes, on reasonable grounds, that the person can not otherwise preserve the person defended from death or grievous bodily harm, it is lawful for the person to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous bodily harm.

272Self-defence against provoked assault

(1)When a person has unlawfully assaulted another or has provoked an assault from another, and that other assaults the person with such violence as to cause reasonable apprehension of death or grievous bodily harm, and to induce the person to believe, on reasonable grounds, that it is necessary for the person’s preservation from death or grievous bodily harm to use force in self-defence, the person is not criminally responsible for using any such force as is reasonably necessary for such preservation, although such force may cause death or grievous bodily harm.

(2)This protection does not extend to a case in which the person using force which causes death or grievous bodily harm first begun the assault with intent to kill or to do grievous bodily harm to some person; nor to a case in which the person using force which causes death or grievous bodily harm endeavoured to kill or to do grievous bodily harm to some person before the necessity of so preserving himself or herself arose; nor, in either case, unless, before such necessity arose, the person using such force declined further conflict, and quitted it or retreated from it as far as was practicable.

273Aiding in self-defence

In any case in which it is lawful for any person to use force of any degree for the purpose of defending himself or herself against an assault, it is lawful for any other person acting in good faith in the first person’s aid to use a like degree of force for the purpose of defending the first person.

274Defence of moveable property against trespassers

It is lawful for any person who is in peaceable possession of any moveable property, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to resist the taking of such property by a trespasser, or in order to retake it from a trespasser, provided that the person does not do grievous bodily harm to the trespasser.

275Defence of moveable property with claim of right

When a person is in peaceable possession of any moveable property under a claim of right, it is lawful for the person, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to defend the person’s possession of the property, even against a person who is entitled by law to possession of the property, provided that he or she does not do grievous bodily harm to such other person.

276Defence of moveable property without claim of right

When a person who is entitled by law to the possession of moveable property attempts to take it from another person who is in possession of the property, but who neither claims right to it, nor acts by the authority of a person who claims right, and the person in possession resists him or her, it is lawful for the person so entitled to possession to use the force that is reasonably necessary in order to obtain possession of the property, provided that he or she does not do grievous bodily harm to the person in possession.

277Defence of premises against trespassers—removal of disorderly persons

(1)It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to prevent any person from wrongfully entering upon such land, structure, vessel, or place, or in order to remove therefrom a person who wrongfully remains therein, provided that he or she does not do grievous bodily harm to such person.

(2)It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person acting by his or her authority, to use the force that is reasonably necessary in order to remove therefrom any person who conducts himself or herself in a disorderly manner therein, provided that he or she does not do the person grievous bodily harm.

(3)In this section—

place includes any part of an enclosure or structure, whether separated from the rest of the enclosure or structure by a partition, fence, rope, or any other means, or not.

278Defence of possession of real property or vessel with claim of right

When a person is in peaceable possession of any land, structure, or vessel, with a claim of right, it is lawful for the person, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to defend the person’s possession, even against a person who is entitled by law to the possession of the property, provided that he or she does not do grievous bodily harm to such person.

279Exercise of right of way or easement

When a person who is lawfully entitled to enter upon land for the exercise of a right of way or other easement or profit enters upon the land for the purpose of exercising such right of way, easement, or profit, after notice that right to use such way or easement or to take such profit is disputed by the person in possession of the land, or having entered persists in entry after such notice, it is lawful for the person in possession, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary for the purpose of making the person so entering desist from the entry, provided that he or she does not do the person entering grievous bodily harm.

280Domestic discipline

It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under the circumstances.

281Discipline of vehicle

It is lawful for a person in charge of a vehicle on a journey and for any person acting by his or her authority to use, for the purpose of maintaining good order and discipline on board the vehicle, such force as the person or such person acting by his or her authority believes, on reasonable grounds, to be necessary, and as is reasonable under the circumstances.

282Surgical operations and medical treatment

(1)A person is not criminally responsible for performing or providing, in good faith and with reasonable care and skill, a surgical operation on or medical treatment of a person or unborn child if performing the operation or providing the treatment is reasonable, having regard to all the circumstances of the case.

(1A)A person is not criminally responsible for performing or providing, in good faith and with reasonable care and skill, a surgical operation on or medical treatment of a person or unborn child in an emergency if it is necessary to perform the operation or provide the treatment to save the mother’s life or the life of another unborn child.

(2)If the administration by a health professional of a substance to a patient would be lawful under this section, the health professional may lawfully direct or advise another person, whether the patient or another person, to administer the substance to the patient or procure or supply the substance for that purpose.

(3)It is lawful for a person acting under the lawful direction or advice, or in the reasonable belief that the advice or direction was lawful, to administer the substance, or supply or procure the substance, in accordance with the direction or advice.

(4)In this section—

health professional see the Hospital and Health Boards Act 2011, schedule 2.

medical treatment, for subsection (1), does not include medical treatment provided by an unqualified person that is intended to adversely affect an unborn child.

patient means the person or unborn child on whom the surgical operation is performed or of whom the medical treatment is provided.

surgical operation, for subsection (1), does not include a surgical operation performed by an unqualified person that is intended to adversely affect an unborn child.

unqualified person see section 319A(3).

282APalliative care

(1)A person is not criminally responsible for providing palliative care to another person if—

(a)the person provides the palliative care in good faith and with reasonable care and skill; and

(b)the provision of the palliative care is reasonable, having regard to the other person’s state at the time and all the circumstances of the case; and

(c)the person is a doctor or, if the person is not a doctor, the palliative care is ordered by a doctor who confirms the order in writing.

(2)Subsection (1) applies even if an incidental effect of providing the palliative care is to hasten the other person’s death.

(3)However, nothing in this section authorises, justifies or excuses—

(a)an act done or omission made with intent to kill another person; or

(b)aiding another person to kill himself or herself.

(4)To remove any doubt, it is declared that the provision of the palliative care is reasonable only if it is reasonable in the context of good medical practice.

(5)In this section—

good medical practice means good medical practice for the medical profession in Australia having regard to—

(a)the recognised medical standards, practices and procedures of the medical profession in Australia; and

(b)the recognised ethical standards of the medical profession in Australia.

palliative care means care, whether by doing an act or making an omission, directed at maintaining or improving the comfort of a person who is, or would otherwise be, subject to pain and suffering.

283Excessive force

In any case in which the use of force by one person to another is lawful the use of more force than is justified by law under the circumstances is unlawful.

284Consent to death immaterial

Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.

285Duty to provide necessaries

It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention, or any other cause, to withdraw himself or herself from such charge, and who is unable to provide himself or herself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and the person is held to have caused any consequences which result to the life or health of the other person by reason of any omission to perform that duty.

286Duty of person who has care of child

(1)It is the duty of every person who has care of a child under 16 years to—

(a)provide the necessaries of life for the child; and

(b)take the precautions that are reasonable in all the circumstances to avoid danger to the child’s life, health or safety; and

(c)take the action that is reasonable in all the circumstances to remove the child from any such danger;

and he or she is held to have caused any consequences that result to the life and health of the child because of any omission to perform that duty, whether the child is helpless or not.

(2)In this section—

person who has care of a child includes a parent, foster parent, step parent, guardian or other adult in charge of the child, whether or not the person has lawful custody of the child.

288Duty of persons doing dangerous acts

It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act, and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to observe or perform that duty.

289Duty of persons in charge of dangerous things

It is the duty of every person who has in the person’s charge or under the person’s control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health, of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger, and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

290Duty to do certain acts

When a person undertakes to do any act the omission to do which is or may be dangerous to human life or health, it is the person’s duty to do that act: and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

291Killing of a human being unlawful

It is unlawful to kill any person unless such killing is authorised or justified or excused by law.

292When a child becomes a human being

A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.

293Definition of killing

Except as hereinafter set forth, any person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that other person.

294Death by acts done at childbirth

When a child dies in consequence of an act done or omitted to be done by any person before or during its birth, the person who did or omitted to do such act is deemed to have killed the child.

295Causing death by threats

A person who, by threats or intimidation of any kind, or by deceit, causes another person to do an act or make an omission which results in the death of that other person, is deemed to have killed the other person.

296Acceleration of death

A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.

297When injury or death might be prevented by proper precaution

When a person causes a bodily injury to another from which death results, it is immaterial that the injury might have been avoided by proper precaution on the part of the person injured, or that the injured person’s death from that injury might have been prevented by proper care or treatment.

298Injuries causing death in consequence of subsequent treatment

When a person does grievous bodily harm to another, and such other person has recourse to surgical or medical treatment, and death results either from the injury or the treatment, the person is deemed to have killed that other person, although the immediate cause of death was the surgical or medical treatment, provided that the treatment was reasonably proper under the circumstances, and was applied in good faith.

300Unlawful homicide

Any person who unlawfully kills another is guilty of a crime, which is called murder or manslaughter, according to the circumstances of the case.

302Definition of murder

(1)Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say—

(a)if the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm;

(aa)if death is caused by an act done, or omission made, with reckless indifference to human life;

(b)if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;

(c)if the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such crime;

(d)if death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph (c);

(e)if death is caused by wilfully stopping the breath of any person for either of such purposes;

is guilty of murder.

(2)Under subsection (1)(a) it is immaterial that the offender did not intend to hurt the particular person who is killed.

(3)Under subsection (1)(b) it is immaterial that the offender did not intend to hurt any person.

(4)Under subsection (1)(c) to (e) it is immaterial that the offender did not intend to cause death or did not know that death was likely to result.

(5)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

303Definition of manslaughter

(1)A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter.

(2)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

304Killing on provocation

(1)When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation, and before there is time for the person’s passion to cool, the person is guilty of manslaughter only.

(2)Subsection (1) does not apply if the sudden provocation is based on words alone, other than in circumstances of an exceptional character.

(3)Also, subsection (1) does not apply, other than in circumstances of an exceptional character, if—

(a)a domestic relationship exists between 2 persons; and

(b)one person unlawfully kills the other person (the deceased); and

(c)the sudden provocation is based on anything done by the deceased or anything the person believes the deceased has done—

(i)to end the relationship; or

(ii)to change the nature of the relationship; or

(iii)to indicate in any way that the relationship may, should or will end, or that there may, should or will be a change to the nature of the relationship.

(4)Further, subsection (1) does not apply, other than in circumstances of an exceptional character, if the sudden provocation is based on an unwanted sexual advance to the person.

(5)For subsection (3)(a), despite the Domestic and Family Violence Protection Act 2012, section 18(6), a domestic relationship includes a relationship in which 2 persons date or dated each other on a number of occasions.

(6)Subsection (3)(c)(i) applies even if the relationship has ended before the sudden provocation and killing happens.

(7)For proof of circumstances of an exceptional character mentioned in subsection (2) or (3) regard may be had to any history of violence that is relevant in all the circumstances.

(8)For proof of circumstances of an exceptional character mentioned in subsection (4), regard may be had to any history of violence, or of sexual conduct, between the person and the person who is unlawfully killed that is relevant in all the circumstances.

(9)On a charge of murder, it is for the defence to prove that the person charged is, under this section, liable to be convicted of manslaughter only.

(10)When 2 or more persons unlawfully kill another, the fact that 1 of the persons is, under this section, guilty of manslaughter only does not affect the question whether the unlawful killing amounted to murder in the case of the other person or persons.

(11)In this section—

unwanted sexual advance, to a person, means a sexual advance that—

(a)is unwanted by the person; and

(b)if the sexual advance involves touching the person—involves only minor touching.

Examples of what may be minor touching depending on all the relevant circumstances—

patting, pinching, grabbing or brushing against the person, even if the touching is an offence against section 352(1)(a) or another provision of this Code or another Act

304ADiminished responsibility

(1)When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, is at the time of doing the act or making the omission which causes death in such a state of abnormality of mind (whether arising from a condition of arrested or retarded development of mind or inherent causes or induced by disease or injury) as substantially to impair the person’s capacity to understand what the person is doing, or the person’s capacity to control the person’s actions, or the person’s capacity to know that the person ought not to do the act or make the omission, the person is guilty of manslaughter only.

(2)On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section liable to be convicted of manslaughter only.

(3)When 2 or more persons unlawfully kill another, the fact that 1 of such persons is by virtue of this section guilty of manslaughter only shall not affect the question whether the unlawful killing amounted to murder in the case of any other such person or persons.

304BKilling for preservation in an abusive domestic relationship

(1)A person who unlawfully kills another (the deceased) under circumstances that, but for the provisions of this section, would constitute murder, is guilty of manslaughter only, if—

(a)the deceased has committed acts of serious domestic violence against the person in the course of an abusive domestic relationship; and

(b)the person believes that it is necessary for the person’s preservation from death or grievous bodily harm to do the act or make the omission that causes the death; and

(c)the person has reasonable grounds for the belief having regard to the abusive domestic relationship and all the circumstances of the case.

(2)An abusive domestic relationship is a domestic relationship existing between 2 persons in which there is a history of acts of serious domestic violence committed by either person against the other.

(3)A history of acts of serious domestic violence may include acts that appear minor or trivial when considered in isolation.

(4)Subsection (1) may apply even if the act or omission causing the death (the response) was done or made in response to a particular act of domestic violence committed by the deceased that would not, if the history of acts of serious domestic violence were disregarded, warrant the response.

(5)Subsection (1)(a) may apply even if the person has sometimes committed acts of domestic violence in the relationship.

(6)For subsection (1)(c), without limiting the circumstances to which regard may be had for the purposes of the subsection, those circumstances include acts of the deceased that were not acts of domestic violence.

(7)In this section—

domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.

305Punishment of murder

(1)Any person who commits the crime of murder is liable to imprisonment for life, which can not be mitigated or varied under this Code or any other law or is liable to an indefinite sentence under part 10 of the Penalties and Sentences Act 1992.

(2)If the person is being sentenced—

(a)on more than 1 conviction of murder; or

(b)on 1 conviction of murder and another offence of murder is taken into account; or

(c)on a conviction of murder and the person has on a previous occasion been sentenced for another offence of murder;

the court sentencing the person must make an order that the person must not be released from imprisonment until the person has served a minimum of 30 or more specified years of imprisonment, unless released sooner under exceptional circumstances parole under the Corrective Services Act 2006.

(3)Subsection (2)(c) applies whether the crime for which the person is being sentenced was committed before or after the conviction for the other offence of murder mentioned in the paragraph.

(4)If—

(a)the person killed was a police officer at the time the act or omission that caused the person’s death was done or made; and

(b)the person being sentenced did the act or made the omission that caused the police officer’s death—

(i)when—

(A)the police officer was performing the officer’s duty; and

(B)the person knew or ought reasonably to have known that he or she was a police officer; or

(ii)because the police officer was a police officer; or

(iii)because of, or in retaliation for, the actions of the police officer or another police officer in the performance of the officer’s duty;

the court sentencing the person must make an order that the person must not be released from imprisonment until the person has served a minimum of 25 or more specified years of imprisonment, unless released sooner under exceptional circumstances parole under the Corrective Services Act 2006.

(5)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for the crime of murder.

306Attempt to murder

(1)Any person who—

(a)attempts unlawfully to kill another; or

(b)with intent unlawfully to kill another does any act, or omits to do any act which it is the person’s duty to do, such act or omission being of such a nature as to be likely to endanger human life;

is guilty of a crime, and is liable to imprisonment for life.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

307Accessory after the fact to murder

(1)Any person who becomes an accessory after the fact to murder is guilty of a crime, and is liable to imprisonment for life.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

308Threats to murder in document

(1)Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any document threatening to kill any person, is guilty of a crime, and is liable to imprisonment for 7 years.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

309Conspiring to murder

(1)Any person who conspires with any other person to kill any person, whether such person is in Queensland or elsewhere, is guilty of a crime, and is liable to imprisonment for 14 years.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

310Punishment of manslaughter

(1)Any person who commits the crime of manslaughter is liable to imprisonment for life.

(2)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for the crime of manslaughter.

311Aiding suicide

Any person who—

(a)procures another to kill himself or herself; or

(b)counsels another to kill himself or herself and thereby induces the other person to do so; or

(c)aids another in killing himself or herself;

is guilty of a crime, and is liable to imprisonment for life.

313Killing unborn child

(1)Any person who, when a female is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, the person would be deemed to have unlawfully killed the child, is guilty of a crime, and is liable to imprisonment for life.

(1A)A person does not commit an offence against subsection (1) by performing a termination, or assisting in the performance of a termination, under the Termination of Pregnancy Act 2018.

Note—

See also the Termination of Pregnancy Act 2018, section 10 in relation to a woman’s criminal liability for a termination on herself.

(2)Any person who unlawfully assaults a female pregnant with a child and destroys the life of, or does grievous bodily harm to, or transmits a serious disease to, the child before its birth, commits a crime.

Maximum penalty—imprisonment for life.

314Concealing the birth of children

Any person who, when a woman is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at, or after, its birth, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

314AUnlawful striking causing death

(1)A person who unlawfully strikes another person to the head or neck and causes the death of the other person is guilty of a crime.

Maximum penalty—life imprisonment.

(1A)The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(1B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(2)Sections 23(1)(b) and 270 do not apply to an offence against subsection (1).

(3)An assault is not an element of an offence against subsection (1).

(3A)For subsection (1), the striking of another person is unlawful unless it is authorised or justified or excused by law.

(4)A person is not criminally responsible for an offence against subsection (1) if the act of striking the other person is—

(a)done as part of a socially acceptable function or activity; and

(b)reasonable in the circumstances.

(5)If a court sentences a person to a term of imprisonment for an offence mentioned in subsection (1), the court must make an order that the person must not be released from imprisonment until the person has served the lesser of—

(a)80% of the person’s term of imprisonment for the offence; or

(b)15 years.

(6)Subsection (5) does not apply if the court sentences the person to—

(a)a term of imprisonment for life; or

Note—

See the Corrective Services Act 2006, section 181 for the parole eligibility date for a prisoner serving a term of imprisonment for life for an offence mentioned in subsection (1).

(b)an indefinite sentence under the Penalties and Sentences Act 1992; or

Note—

See the Penalties and Sentences Act 1992, section 171 for the time of the earliest review of an indefinite sentence being served by a prisoner serving an indefinite sentence for an offence mentioned in subsection (1).

(c)a term of imprisonment and makes either of the following orders under the Penalties and Sentences Act 1992 for the person—

(i)an intensive correction order;

(ii)an order that the whole or a part of the term of imprisonment be suspended.

(7)In this section—

causing means causing directly or indirectly.

function or activity includes a sporting event.

strike, a person, means directly apply force to the person by punching or kicking, or by otherwise hitting using any part of the body, with or without the use of a dangerous or offensive weapon or instrument.

315Disabling in order to commit indictable offence

Any person who, by any means calculated to choke, suffocate, or strangle, and with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, renders or attempts to render any person incapable of resistance, is guilty of a crime, and is liable to imprisonment for life.

315AChoking, suffocation or strangulation in a domestic setting

(1)A person commits a crime if—

(a)the person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and

(b)either—

(i)the person is in a domestic relationship with the other person; or

(ii)the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012.

Maximum penalty—7 years imprisonment.

(2)An assault is not an element of an offence against subsection (1).