Crimes Act 1900 - ACT Legislation Register

1 Authorised by the ACT Parliamentary Counsel also accessible at Australian Capital Territory Crimes Act 1900 A1900-40 Republication No 116 Effective: 25 April 2018 Republication date: 25 April 2018 Last amendment made by A2018-12 Authorised by the ACT Parliamentary Counsel also accessible at About this republication The republished law This is a republication of the Crimes Act 1900 (including any amendment made under the Legislation Act 2001, part (Editorial changes)) as in force on 25 April 2018. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 25 April 2018. The Legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel s Office prepares 2 kinds of republications of ACT laws (see the ACT Legislation Register at ): authorised republications to which the Legislation Act 2001 applies unauthorised republications.

2 The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT Legislation Register ( ).

3 For more information, see the home page for this law on the Register . Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). R116 25/04/18 Crimes Act 1900 Effective: 25/04/18 contents 1 Authorised by the ACT Parliamentary Counsel also accessible at Australian Capital Territory Crimes Act 1900 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Application of Act 2 4 Dictionary 2 5 Meaning of loaded arms 2 6 Reference to the jury read as reference to magistrate 3 7 Notes 3 7A Offences against Act application of Criminal Code etc 3 8 Public place etc 4 9 Abolition of distinctions between felony and misdemeanour 4 Part 2 Offences against the person 10 When child born alive 5 11 No time limit on criminal responsibility for homicide 5 12 Murder 5 Contents Page

4 Contents 2 Crimes Act 1900 Effective: 25/04/18 R11625/04/18 Authorised by the ACT Parliamentary Counsel also accessible at 13 Trial for murder provocation 6 14 Trial for murder diminished responsibility 7 15 Manslaughter 8 16 Suicide etc not an offence 8 17 Suicide aiding etc 9 18 Prevention of suicide 9 19 Intentionally inflicting grievous bodily harm 9 20 Recklessly inflicting grievous bodily harm 9 21 Wounding 10 22 Assault with intent to commit other offence 10 23 Inflicting actual bodily harm 10 24 Assault occasioning actual bodily harm 10 25 Causing grievous bodily harm 11 26 Common assault 11 27 Acts endangering life etc 11 28 Acts endangering health etc 13 28AA Food or drink spiking 14 28A Throwing etc objects at vehicles 15

5 28B Discharging firearm at building or conveyance 16 29 Culpable driving of motor vehicle 17 30 Threat to kill 19 31 Threat to inflict grievous bodily harm 19 32 Demands accompanied by threats 20 33 Possession of object with intent to kill etc 21 34 Forcible confinement 21 35 Stalking 21 35A Affray 23 36 Torture 24 37 Abduction of young person 25 38 Kidnapping 25 39 Neglect etc of children 25 40 Unlawfully taking child etc 26 41 Exposing or abandoning child 27 42 Child destruction 27 Contents Page R116 25/04/18 Crimes Act 1900 Effective.

6 25/04/18 contents 3 Authorised by the ACT Parliamentary Counsel also accessible at 43 Childbirth grievous bodily harm 27 47 Concealment of birth 27 48 Misconduct with regard to corpses 28 48A Aggravated offences offences against pregnant women 28 48B Alternative verdicts for aggravated offences offences against pregnant women 30 49 Alternative verdicts for certain other offences against the person 33 Part 2A Industrial manslaughter 49A Definitions for pt 2A 36 49B Omissions of employers and senior officers 40 49C Industrial manslaughter employer offence 40 49D Industrial manslaughter senior officer offence 41 49E Court may order corporation to take certain actions 42 Part 3 Sexual offences 50 Meaning of sexual intercourse in pt 3 45 51 Sexual assault in the first degree 45 52 Sexual assault in the second degree 46 53 Sexual assault in the third degree 46 54 Sexual intercourse without consent 47 55 Sexual intercourse with young person 47 55A Sexual intercourse with young person under special care 48 56 Maintaining sexual relationship with young person or person under special care 50 57 Act of indecency in the first degree 55 58 Act of indecency in the second degree 55 59 Act of indecency in the third degree 55 60 Act of indecency without consent 55 61 Acts of indecency with young people 56 61A Act of indecency with young person under special care 56 61B Intimate observations or capturing visual data etc 58 62 Incest and similar offences 62 63 Abduction 63 63A Bestiality 63 Contents Page contents 4 Crimes Act 1900 Effective.

7 25/04/18 R11625/04/18 Authorised by the ACT Parliamentary Counsel also accessible at 64 Using child for production of child exploitation material etc 63 64A Trading in child exploitation material 65 65 Possessing child exploitation material 65 66 Grooming and depraving young people 66 67 Consent 68 68 Sexual intercourse people not to be presumed incapable by reason of age 69 69 Marriage no bar to conviction 69 70 Alternative verdicts for certain sexual offences 70 71 Adding count for act of indecency 71 72 Indictment for act of indecency 71 Part 3A Intimate image abuse 72A Definitions pt 3A 72 72B Meaning of distribute pt 3A 73 72C Non-consensual distribution of intimate images 73 72D Distribution of intimate image of young person 74 72E Threaten to capture or distribute intimate images 74 72F Consent pt 3A 76 72G Exceptions for reasonable distribution 76 72H Court may order rectification 78 Part 4 Female genital mutilation 73 Meaning of female genital mutilation for pt 4 79 74 Prohibition of female genital mutilation 79 75 Removal of child from ACT for genital mutilation 79 76 Exception medical procedures for genuine therapeutic purposes 80 77 Exception sexual reassignment procedures 80 Part 5 Sexual servitude 78 Meaning of sexual servitude and sexual services for pt 5 82 79 Sexual servitude offences 83 80 Deceptive recruiting for sexual services 84 81 Increased penalty for aggravated offences 84 82 Alternative verdict if aggravated offence not proven 84 Contents Page R116 25/04/18 Crimes Act 1900 Effective.

8 25/04/18 contents 5 Authorised by the ACT Parliamentary Counsel also accessible at Part 6 Offences relating to property Division Money laundering and organised fraud 114A Definitions for div 85 114B Money laundering 86 114C Possession etc of property suspected of being proceeds of crime 86 114D Organised fraud 86 Division Criminal damage to property 115 Interpretation for div 87 116 Destroying or damaging property 88 117 Arson 89 119 Defacing premises 90 120 Defacing premises strict liability 91 122 Untrue representations 91 123 Alternative verdict 92 Division Contamination of goods and related offences 135 Definitions of contaminate and goods 92 136 Meaning of economic loss 92 137 Contaminating goods with intent to cause public alarm or economic loss 93 138 Threatening to contaminate goods with intent to cause public alarm or economic loss 93 139 Making false statements about contamination of goods with intent to cause public alarm or economic loss 93 140 Territorial nexus for offences 94 Division Offences relating to causing public alarm 140A Acting with intent to cause public alarm 94 140B Threatening to act with intent to cause public alarm 95 140C Making false statements with intent to cause public alarm 95 140D Territorial nexus for offences 95 Division Miscellaneous 141 Hindering working of mines 96 142 Removal of sea banks etc 96 143 Obstructing navigation of rivers 96 144 Offences in relation to railways 97 Contents Page contents 6 Crimes Act 1900 Effective.

9 25/04/18 R11625/04/18 Authorised by the ACT Parliamentary Counsel also accessible at 145 Obstructing railway engines 97 146 Alternative verdict 97 147 Displaying false signals 98 148 Removing or concealing buoys etc 98 151 Forcible entry on land 98 152 Forcible detainer of land 98 153 Disclosure of information by territory officer 99 154 Additional offences on territory premises 99 Part 7 Escape provisions 158 Meaning of detention during pleasure 101 159 Aiding prisoner to escape 101 160 Escaping 102 161 Rescuing a prisoner from custody etc 102 162 Person unlawfully at large 103 163 Permitting escape 103 164 Harbouring etc escapee 104 166 Failure to answer bail etc offence 104 Part 8 Anabolic steroids 170 Meaning of anabolic steroid 106 171 Prescribing and supplying anabolic steroids 106 172 Possessing anabolic steroids 107 173 Administering anabolic steroids 107 Part 9 Exclusion powers 174 Definitions pt 9 109 175 Exclusion direction 109 176 Exclusion zone 110 177 Exclusion direction information to be given 111 178 Exclusion direction information to be recorded 111 179 Failing to comply with exclusion direction 112 Contents Page R116 25/04/18 Crimes Act 1900 Effective.

10 25/04/18 contents 7 Authorised by the ACT Parliamentary Counsel also accessible at Part 10 Criminal investigation Division Preliminary 185 Definitions for pt 10 113 185A Search of transgender or intersex person 116 186 Application of pt 10 117 187 Application of Cwlth Crimes Act, pt 1C 117 Division Preventative action 188 Police powers of entry 119 189 Issue of warrant 119 190 Entry in emergencies 120 191 Seizure of firearms warrants and emergencies 120 192 Seizure of firearms protection orders 122 193 Power to conduct search of person for knife 124 Division Search warrants 194 When search warrants can be issued 125 195 The things that are authorised by search warrant 128 196 Availability of assistance and use of force in executing warrant 130 197 Details of warrant to be given to occupier etc 131 198 Specific powers available to police officers executing warrant 131 199 Use of equipment to examine or process things 132 200 Use of electronic equipment at premises 133 201 Compensation for damage to electronic equipment 135 202 Copies of seized things to be provided 136 203 Occupier entitled to be present during search 137 204 Receipts for things seized under warrant 137 205 Warrants by