Criminal law consolidation act sa

Legislative history

• This version is comprised of the following:

16.1.2003 (Reprint No 39)

16.1.2003 (Reprint No 39)

5.7.2003 (Reprint No 41)

16.1.2003 (Reprint No 39)

16.1.2003 (Reprint No 39)

16.1.2003 (Reprint No 39)

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Legislation repealed by principal Act

An Act for adopting certain Acts of Parliament passed in the First Year of the Reign of Her Majesty Queen Victoria in the Administration of Justice in South Australia in like manner as other Laws of England are applied therein (No. 14 of 1842)

An Act for amending the Law of Evidence and Practice on Criminal Trials (No. 13 of 1867)

Treason Felony Act 1868

Habitual Criminals Act 1870

An Act to abolish Forfeitures for Treason and Felony, and to otherwise amend the law relating thereto (No. 25 of 1874)

The Criminal Law Consolidation Act 1876

Conspiracy and Protection of Property Act 1878

The Criminal Law Consolidation Amendment Act 1885

The Criminal Law Amendment Act 1902

Habitual Criminals Amendment Act 1907

Criminal Law Amendment Act 1917

Criminal Appeals Act 1924

Criminal Law Amendment Act 1925

Criminal Law Act 1927

Criminal Informations Act 1929

Criminal Law Act 1929

Legislation amended by principal Act

The Children's Protection Act 1899

Justices Act 1921

Maintenance Act 1926

Bushfires Act 1933

Principal Act and amendments

New entries appear in bold.

2.1.1936 (Gazette 2.1.1936 p1)

Coroners Act Amendment Act 1952

Maintenance Act Amendment Act 1965

27.1.1966 (Gazette 27.1.1966 p145)

31.8.1970 (Gazette 20.8.1970 p701)

17.9.1970 (Gazette 17.9.1970 p1198)

15.4.1971 (Gazette 15.4.1971 p1598)

Fisheries Act 1971

1.12.1971 (Gazette 30.11.1971 p2261)

Corporal Punishment Abolition Act 1971

18.11.1971 (Gazette 18.11.1971 p2070)

Local and District Criminal Courts Act Amendment Act 1972

9.11.1972 (Gazette 9.11.1972 p2252)

2.11.1972 (Gazette 2.11.1972 p2132)

1.2.1973 (Gazette 1.2.1973 p377)

15.2.1973 (Gazette 15.2.1973 p497)

15.2.1973 (Gazette 15.2.1973 p496)

Statute Law Revision Act 1973

Criminal Law (Sexual Offences) Amendment Act 1975

Statute Law Revision Act (No. 3) 1975

repealed by Health Care Act 2008 on 1.7.2008 without coming into operation

Statutes Amendment (Capital Punishment Abolition) Act 1976

1.7.1979 (Gazette 14.6.1979 p1824)

Criminal Law (Prohibition of Child Pornography) Act 1978

11.12.1980 (Gazette 11.12.1980 p2119)

11.2.1982 (Gazette 11.2.1982 p361)

Statutes Amendment (Jurisdiction of Courts) Act 1981

1.2.1982 (Gazette 28.1.1982 p209)

Statutes Amendment (Criminal Law Consolidation and Police Offences) Act 1983

22.12.1983 (Gazette 22.12.1983 p1718)

Sch 1—1.1.1985 (Gazette 13.12.1984 p1811)

Statutes Amendment (Oaths and Affirmations) Act 1984

1.7.1984 (Gazette 28.6.1984 p1897)

Evidence Act Amendment Act (No. 3) 1984

Police Offences Act Amendment Act 1985

s 37—10.5.1985 (Gazette 9.5.1985 p1398)

1.12.1985 (Gazette 14.11.1985 p1478)

Statutes Amendment (Victims of Crime) Act 1986

1.10.1986 (Gazette 4.9.1986 p696) except s 26 which will not be brought into operation (the section it inserted was deleted by 51/1988)

Statutes Amendment (Parole) Act 1986

8.12.1986 (Gazette 27.11.1986 p1700)

1.2.1987 (Gazette 15.1.1987 p52)

18.12.1986 (Gazette 18.12.1986 p1877)

Criminal Law (Enforcement of Fines) Act 1987

Sch 2—21.6.1987 (Gazette 4.6.1987 p1430)

Statutes Amendment and Repeal (Sentencing) Act 1988

Statutes Amendment (Criminal Law Consolidation and Summary Offences) Act 1988

6.3.1989 (Gazette 23.2.1989 p539)

Statutes Amendment (Attorney-General's Portfolio) Act 1991

6.6.1991 (Gazette 6.6.1991 p1776)

Criminal Law Consolidation (Abolition of Year-and-a-day Rule) Amendment Act 1991

6.7.1992 (Gazette 25.6.1992 p1869)

Criminal Law Consolidation (Self-Defence) Amendment Act 1991

Statutes Repeal and Amendment (Courts) Act 1991

6.7.1992 (Gazette 2.7.1992 p209)

Statutes Amendment (Crimes Confiscation and Restitution) Act 1991

16.1.1992 (Gazette 16.1.1992 p126)

Criminal Law Consolidation (Rape) Amendment Act 1992

Criminal Law Consolidation (Detention of Insane Offenders) Amendment Act 1992

6.7.1992 (Gazette 25.6.1992 p1880)

Statutes Amendment (Attorney-General's Portfolio) Act 1992

6.7.1992 (Gazette 2.7.1992 p209)

Statutes Amendment and Repeal (Public Offences) Act 1992

6.7.1992 (Gazette 2.7.1992 p209)

Statutes Amendment (Illegal Use of Motor Vehicles) Act 1992

6.7.1992 (Gazette 2.7.1992 p209) except the part of s 4 which inserted new s 86B which will not be brought into operation (new s 86B was deleted by 62/1993)

Criminal Law Consolidation (Application of Criminal Law) Amendment Act 1992

Statutes Amendment (Right of Reply) Act 1992

s 4—1.1.1993 (Gazette 10.12.1992 p1752)

Evidence (Miscellaneous) Amendment Act 1993

15.7.1993 (Gazette 15.7.1993 p520)

Statutes Amendment (Courts) Act 1993

ss 24—26—1.7.1993 (Gazette 24.6.1993 p2047)

Criminal Law Consolidation (Stalking) Amendment Act 1994

1.6.1994 (Gazette 12.5.1994 p1187)

Criminal Law Consolidation (Sexual Intercourse) Amendment Act 1994

26.5.1994 (Gazette 26.5.1994 p1262)

1.8.1994 (Gazette 14.7.1994 p68)

Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 1994

28.7.1994 (Gazette 28.7.1994 p170)

Statutes Amendment (Courts) Act 1994

9.6.1994 (Gazette 9.6.1994 p1669)

Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994

1.1.1995 (Gazette 8.12.1994 p1942)

Statutes Amendment (Female Genital Mutilation and Child Protection) Act 1995

Statutes Amendment (Attorney-General's Portfolio) Act 1995

s 12—10.7.1995 (Gazette 29.6.1995 p2973)

Criminal Law Consolidation (Appeals) Amendment Act 1995

4.1.1996 (Gazette 4.1.1996 p2) except s 10—12.9.1996 (Gazette 12.9.1996 p1124)

Criminal Law Consolidation (Mental Impairment) Amendment Act 1995

2.3.1996 (Gazette 11.1.1996 p94)

Statutes Amendment (Attorney-General's Portfolio) Act 1996

ss 8—12—17.10.1996 (Gazette 17.10.1996 p1361)

7.7.1997 (Gazette 12.6.1997 p2962)

Criminal Law Consolidation (Self Defence) Amendment Act 1997

Statutes Amendment (References to Banks) Act 1997

Pt 4 (s 6)—3.7.1997 (Gazette 3.7.1997 p4)

Statutes Amendment (Attorney-General's Portfolio) Act 1998

Pt 3 (ss 5—7)—13.12.1998 (Gazette 3.12.1998 p1676)

Criminal Law Consolidation (Contamination of Goods) Amendment Act 1999

Statutes Amendment (Sentencing—Miscellaneous) Act 1999

Pt 2 (ss 4 & 5)—16.5.1999 (Gazette 13.5.1999 p2502)

Criminal Law Consolidation (Intoxication) Amendment Act 1999

Criminal Law Consolidation (Juries) Amendment Act 1999

16.5.1999 (Gazette 13.5.1999 p2502)

Sch (item 16)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)

Criminal Law Consolidation (Serious Criminal Trespass) Amendment Act 1999

25.12.1999 (Gazette 23.12.1999 p3668)

Criminal Law Consolidation (Sexual Servitude) Amendment Act 2000

Criminal Law Consolidation (Appeals) Amendment Act 2000

Criminal Law Consolidation (Mental Impairment) Amendment Act 2000

29.10.2000 (Gazette 26.10.2000 p2786)

Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000

Pt 6 (s 14)—14.8.2000 (Gazette 10.8.2000 p444)

Legal Assistance (Restrained Property) Amendment Act 2001

s 6—12.4.2001 (Gazette 12.4.2001 p1582)

Statutes Amendment (Stalking) Act 2001

Pt 2 (s 4)—13.1.2002 (Gazette 10.1.2002 p4)

Statutes Amendment (Courts and Judicial Administration) Act 2001

Pt 4 (ss 7 & 8)—3.2.2002 (Gazette 24.1.2002 p346)

Statutes Amendment (Bushfires) Act 2002

Pt 2 (s 4)—31.10.2002 (Gazette 31.10.2002 p3979)

Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002

16.1.2003 (Gazette 16.1.2003 p180) except ss 4—8, 12—16—5.7.2003 (Gazette 15.5.2003 p1979) and except s 10—29.10.2000 (commencement amended by 23/2004 s 30)

Criminal Law Consolidation (Territorial Application of the Criminal Law) Amendment Act 2002

1.12.2002 (Gazette 28.11.2002 p4292)

Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Act 2003

Criminal Law Consolidation (Self Defence) Amendment Act 2003

27.7.2003 (Gazette 24.7.2003 p3103)

Statutes Amendment (Honesty and Accountability in Government) Act 2003

Pt 2 (ss 4 & 5)—29.4.2004 (Gazette 29.4.2004 p1173)

Criminal Law Consolidation (Identity Theft) Amendment Act 2003

Pt 2 (s 4)—5.9.2004 (Gazette 2.9.2004 p3544)

Statutes Amendment (Computer Offences) Act 2004

Pt 2 (s 4)—30.5.2004 (Gazette 22.4.2004 p1086)

Statutes Amendment (Courts) Act 2004

Pt 3 (ss 5 & 6) and Pt 12 (s 30)—1.9.2004 (Gazette 26.8.2004 p3402)

Criminal Law Consolidation (Intoxication) Amendment Act 2004

25.11.2004 (Gazette 25.11.2004 p4406)

Criminal Law Consolidation (Child Pornography) Amendment Act 2004

Pt 2 (ss 4—7)—30.1.2005 (Gazette 13.1.2005 p67)

Criminal Law Consolidation (Criminal Neglect) Amendment Act 2005

14.4.2005 (Gazette 14.4.2005 p874)

Sch 1 (cl 5)—2.4.2006 (Gazette 16.2.2006 p578)

Statutes Amendment (Sentencing of Sex Offenders) Act 2005

Pt 3 (ss 10—18)—15.5.2006 (Gazette 20.4.2006 p1128) immediately after Statutes Amendment and Repeal (Aggravated Offences) Act 2005 comes into operation

Sch 1 (cl 4)—1.1.2006: s 2

Justices of the Peace Act 2005

Sch 2 (cl 16)—1.7.2006 (Gazette 22.6.2006 p2012)

Statutes Amendment and Repeal (Aggravated Offences) Act 2005 as amended by 44/2006

Pt 2 (ss 4—17, 19—21 & 24)—15.5.2006 (Gazette 20.4.2006 p1127); ss 18, 22 & 23—18.1.2007 (Gazette 18.1.2007 p234) immediately after Statutes Amendment (Justice Portfolio) Act 2006 comes into operation

Criminal Law Consolidation (Instruments of Crime) Amendment Act 2005

6.3.2006 (Gazette 16.2.2006 p578)

Statutes Amendment (Criminal Procedure) Act 2005

Pt 2 (ss 4 & 5)—1.3.2007 (Gazette 1.3.2007 p672)

Controlled Substances (Serious Drug Offences) Amendment Act 2005

Sch 1 (cll 3 & 6)—3.12.2007 (Gazette 22.11.2007 p4294)

Statutes Amendment (Vehicle and Vessel Offences) Act 2005

Pt 2 (ss 4—12)—30.7.2006 (Gazette 27.7.2006 p2400)

Criminal Law Consolidation (Throwing Objects at Vehicles) Amendment Act 2006

10.9.2006 (Gazette 7.9.2006 p3165)

Criminal Law Consolidation (Dangerous Driving) Amendment Act 2006

13.8.2006 (Gazette 10.8.2006 p2642)

Development (Panels) Amendment Act 2006

Sch 1 (cl 1)—23.11.2006 (Gazette 23.11.2006 p4078)

Statutes Amendment (New Rules of Civil Procedure) Act 2006

Pt 22 (ss 89—101)—4.9.2006 (Gazette 17.8.2006 p2831)

Statutes Amendment (Domestic Partners) Act 2006

Pt 22 (ss 66—68)—1.6.2007 (Gazette 26.4.2007 p1352)

Statutes Amendment (Justice Portfolio) Act 2006

Pt 10 (ss 15 & 16) & Pt 28 (s 60)—18.1.2007 (Gazette 18.1.2007 p234)

Criminal Law Consolidation (Drink Spiking) Amendment Act 2007

1.4.2007 (Gazette 29.3.2007 p929) except new s 32C(2), (3) and (4) definitions of controlled drug, licensed premises, prescribed label and prescription drug (as inserted by s 4)—16.12.2007 (Gazette 13.12.2007 p4811)

Summary Offences (Gatecrashers at Parties) Amendment Act 2007

Sch 1 (cl 1)—1.4.2007 (Gazette 29.3.2007 p930)

Statutes Amendment (Young Offenders) Act 2007

Pt 2 (s 4)—3.2.2008 (Gazette 31.1.2008 p349)

Statutes Amendment (Public Order Offences) Act 2008

Pt 2 (ss 4 & 5)—8.6.2008 (Gazette 5.6.2008 p1871)

Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008

Pt 2 (ss 4—16) & Sch 1 (cl 7)—23.11.2008 (Gazette 20.11.2008 p5171)

Sch 1 (cll 3 & 4)—4.9.2008 (Gazette 4.9.2008 p4227)

Firearms (Firearms Prohibition Orders) Amendment Act 2008

Sch 1 (cl 1)—27.11.2008 (Gazette 27.11.2008 p5277)

Criminal Law Consolidation (Double Jeopardy) Amendment Act 2008

3.8.2008 (Gazette 31.7.2008 p3519)

Statutes Amendment (Property Offences) Act 2009

Pt 2 (ss 4—6)—20.12.2009 (Gazette 17.12.2009 p6351)

Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009

Pt 2 (s 4)—27.6.2010 (Gazette 17.6.2010 p3077)

Statutes Amendment (Victims of Crime) Act 2009

Pt 3 (s 16)—19.9.2010 (Gazette 16.9.2010 p4868)

Sch 1 (cl 5)—9.12.2011 (Gazette 20.10.2011 p4269)

Health Practitioner Regulation National Law (South Australia) Act 2010

Sch 1 (cl 9)—1.7.2010 (Gazette 1.7.2010 p3338)

Statutes Amendment (Driving Offences) Act 2010

Pt 2 (ss 4—7)—21.8.2011 (Gazette 18.8.2011 p3490)

Evidence (Discreditable Conduct) Amendment Act 2011

Pt 3 (s 5)—1.6.2012 (Gazette 31.5.2012 p2637)

Summary Offences (Tattooing, Body Piercing and Body Modification) Amendment Act 2011

Sch 1 (cl 1)—15.12.2012 (Gazette 15.11.2012 p5008)

Criminal Law Consolidation (Child Pornography) Amendment Act 2011

Sch 3 (cll 15—17)—1.1.2012 (Gazette 15.12.2011 p4986)

Criminal Law Consolidation (Looting) Amendment Act 2012

Statutes Amendment (Serious and Organised Crime) Act 2012

Pt 6 (ss 28—38)—17.6.2012 (Gazette 14.6.2012 p2756)

Statutes Amendment (Attorney-General's Portfolio) Act 2012

Pt 2 (s 4)—5.8.2012 (Gazette 2.8.2012 p3302)

Statutes Amendment (Serious Firearm Offences) Act 2012

Pt 5 (ss 24—28)—15.10.2012 (Gazette 15.10.2012 p4652); ss 29 & 30—4.3.2013 (Gazette 21.2.2013 p485)

Statutes Amendment (Courts Efficiency Reforms) Act 2012

Pt 4 (ss 10—12)—11.3.2013 (Gazette 7.3.2013 p760)

Independent Commissioner Against Corruption Act 2012

Sch 3 (cll 12 & 13)—1.9.2013 (Gazette 23.5.2013 p2006)

Supreme Court Criminal Rules 2013

1.1.2013: see s 283(2) (repealed)

Criminal Law Consolidation (Cheating at Gambling) Amendment Act 2013

12.5.2013 (Gazette 9.5.2013 p1424)

Statutes Amendment (Appeals) Act 2013

Pt 2 (ss 4—10) & Sch 1—5.5.2013 (Gazette 26.4.2013 p1185)

Statutes Amendment (Attorney-General's Portfolio) Act 2013

Pt 3 (s 5)—9.6.2013 (Gazette 6.6.2013 p2498)

Statutes Amendment (Attorney-General's Portfolio No 2) Act 2013

Pt 2 (s 4)—17.5.2014 (Gazette 8.5.2014 p1630)

Statutes Amendment (Electronic Monitoring) Act 2013

Criminal Law Consolidation (Protection for Working Animals) Amendment Act 2013

31.12.2013 (Gazette 19.12.2013 p4925)

Statutes Amendment (Dangerous Driving) Act 2013

Pt 2 (ss 4 & 5)—26.1.2014 (Gazette 23.1.2014 p344)

Criminal Law Consolidation (Sexual Offences—Cognitive Impairment) Amendment Act 2014

30.3.2015 (Gazette 15.1.2015 p308)

Statutes Amendment (Attorney-General's Portfolio) Act 2014

Pt 4 (ss 6—10)—1.4.2015 (Gazette 19.2.2015 p793)

Statutes Amendment (Serious and Organised Crime) Act 2015

Pt 2 (ss 4—8)—6.8.2015 (Gazette 6.8.2015 p3752)

Statutes Amendment (Firearms Offences) Act 2015

Pt 2 (s 4)—7.2.2016 (Gazette 4.2.2016 p368)

Sch 1 (cll 5—8)—1.7.2017 (Gazette 27.6.2017 p2619)

Sch 1 (cl 3)—1.12.2016 (Gazette 8.9.2016 p3677)

Statutes Amendment (Attorney-General's Portfolio) Act 2016

Dog and Cat Management (Miscellaneous) Amendment Act 2016

Sch 1 (cll 1 & 2)—1.7.2017 (Gazette 19.4.2017 p1101)

Independent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016

Sch 1 (cl 1)—16.12.2016 (Gazette 15.12.2016 p4988)

Statutes Amendment (Courts and Justice Measures) Act 2016

Statutes Amendment (Planning, Development and Infrastructure) Act 2017

Pt 9 (ss 27 to 29)—1.7.2019 (Gazette 27.6.2019 p2322) (s 29 is of no effect because of other amendments)

Summary Procedure (Indictable Offences) Amendment Act 2017

Sch 2 (cll 5—12 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)

Criminal Law Consolidation (Mental Impairment) Amendment Act 2017

23.10.2017 except s 4, consumption (as inserted by s 5(1)), s 5(2) to (5), (7) to (9), new s 269C(2) (as inserted by s 6(3)), ss 7(1), 8(1), (3), 9(1), 10(1), new Division 3A of Part 8A (except Subdivision 3) (as inserted by s 11), ss 22(2) and 28—27.11.2017 (Gazette 17.10.2017 p4336) and except new s 269C(3) (as inserted by s 6(3))—6.9.2018 (Gazette 6.9.2018 p3412) and except continuing supervision order (as inserted by s 5(1)), s 5(6), Subdivision 3 of new Division 3A of Part 8A (as inserted by s 11), ss 23 and 27—14.6.2019 (s 7(5) Acts Interpretation Act 1915) (Section 15(4) is of no effect because it purports to delete a reference that had already been removed.)

Sch 1 (cll 3 & 4)—22.10.2018 (Gazette 19.12.2017 p5118)

Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017

Pt 4 (ss 5 to 9)—24.10.2017

Criminal Law Consolidation (Criminal Organisations) Amendment Act 2017

Liquor Licensing (Liquor Review) Amendment Act 2017

Sch 1 (cl 2)—18.11.2019 (Gazette 7.11.2019 p3759)

Statutes Amendment (Sentencing) Act 2017

Pt 8 (ss 14 to 16)—30.4.2018 (Gazette 6.2.2018 p612)

Statutes Amendment (Extremist Material) Act 2017

Pt 2 (s 4)—23.1.2018 (Gazette 23.1.2018 p282)

Statutes Amendment (Explosives) Act 2017

Pt 2 (ss 4 to 6)—1.5.2018 (Gazette 6.2.2018 p611)

Pt 12 (ss 62 to 66)—22.10.2018 (Gazette 19.12.2017 p5119) (ss 63 to 66 are of no effect because of other amendments)

Criminal Law Consolidation (Dishonest Communication with Children) Amendment Act 2018

13.8.2018 (Gazette 9.8.2018 p3047)

Criminal Law Consolidation (Children and Vulnerable Adults) Amendment Act 2018

6.9.2018 (Gazette 30.8.2018 p3253)

Statutes Amendment (Domestic Violence) Act 2018

Pt 3 (ss 5 & 6)—31.1.2019 (Gazette 24.1.2019 p272)

Criminal Law Consolidation (Foster Parents and Other Positions of Authority) Amendment Act 2019

22.10.2018 except ss 5 to 8—9.5.2019: s 2

Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019

Pt 3 (ss 5 to 8)—24.10.2019 (Gazette 24.10.2019 p3572)

Criminal Law Consolidation (Assaults on Prescribed Emergency Workers) Amendment Act 2019

Pt 2 (ss 4 to 9)—3.10.2019 (Gazette 3.10.2019 p3398)

Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019

Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Act 2019

Pt 2 (ss 4 to 8)—3.1.2020: s 2(1)

Criminal Law Consolidation (False or Misleading Information) Amendment Act 2019

18.6.2020 (Gazette 11.6.2020 p3304)

Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019

Pt 3 (ss 6 & 7)—1.5.2020 (Gazette 30.4.2020 p838)

Statutes Amendment (Attorney-General's Portfolio) Act 2020

Pt 3 (ss 5 to 7)—1.10.2020: s 2(1); ss 8 & 9—1.4.2021 (Gazette 25.3.2021 p1050)

Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020

Pt 3 (ss 5, 6, 8 & 9)—1.2.2021; s 7 & Sch 1 (cl 1)—29.3.2021 (Gazette 27.1.2021 p163)

Sch 1 (cll 2 to 4)—7.7.2022 (Gazette 23.6.2022 p1919)

Criminal Law Consolidation (Causing Death by Use of Motor Vehicle) Amendment Act 2021

29.8.2022 (Gazette 25.8.2022 p2609)

Statutes Amendment (COVID-19 Permanent Measures) Act 2021

Pt 4 (s 6)—9.9.2021 (Gazette 18.8.2021 p3099)

Criminal Law Consolidation (Driving at Extreme Speed) Amendment Act 2021

16.12.2021 (Gazette 16.12.2021 p4401) except ss 7 & 8—29.8.2022 immediately after 11/2021 (Gazette 25.8.2022 p2609)

Sch 1 (cl 7)—31.1.2023 (Gazette 11.8.2022 p2489)

Criminal Law Consolidation (Bushfires) Amendment Act 2021

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021

Sch 1 (cll 12 to 14 & 76)—7.10.2021: s 2

Statutes Amendment (Child Sexual Abuse) Act 2021

Pt 2 (ss 4 to 8)—1.6.2022 (Gazette 17.2.2022 p490)

Statutes Amendment (Child Sex Offences) Act 2022

Pt 3 (ss 8 to 18)—1.10.2022 (Gazette 23.9.2022 p6135)

Criminal Law Consolidation (Human Remains) Amendment Act 2022

16.12.2022 (Gazette 15.12.2022 p6904)

Statutes Amendment (Stealthing and Consent) Act 2022

Pt 2 (s 3)—8.3.2023 (Gazette 2.3.2023 p464)

Statutes Amendment (Attorney-General's Portfolio) (No 3) Act 2022

Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023

Pt 2 (s 3)—22.6.2023: s 2

Statutes Amendment (Sexual Offences) Act 2023

Pt 4 (ss 6 to 10)—1.10.2023 (Gazette 14.9.2023 p3237)

Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023

Pt 2 (ss 3 to 9)—1.1.2024 (Gazette 25.10.2023 p3602)

Criminal Law Consolidation (Criminal Organisations—Prescribed Places) Amendment Act 2023

Pt 2 (s 2)—15.9.2023

Provisions amended since 3 February 1976

• Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 3 of The Public General Acts of South Australia 1837-1975 at page 125.

• Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 1 January 1985. A Schedule of these alterations was laid before Parliament on 12 February 1985.

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

amended by 83/1976 s 2

amended by 115/1976 s 3

amended by 107/1981 s 3

amended by 49/1984 s 2

deleted in pursuance of the Acts Republication Act 1967

deleted by 50/1984 s 3(1) (Sch 1)

s 5(1) redesignated as s 5 in pursuance of the Acts Republication Act 1967

s 5 redesignated as s 5(1) by 90/1986 s 3(b)

amended by 19/2015 s 4(1)

inserted by 62/2005 s 4

inserted by 64/2017 s 62

inserted by 62/2005 s 4

inserted by 10/2008 s 4(1)

carnal knowledge

deleted by 83/1976 s 3(a)

deleted by 62/2005 s 4

inserted by 69/1986 s 17

amended by 43/1994 s 4

inserted by 12/2012 s 28(1)

amended by 19/2015 s 4(2)

inserted by 43/2006 s 66(1)

inserted by 81/2005 s 4(1)

inserted by 81/2005 s 4(1)

amended by 50/1984 s 3(1) (Sch 1)

inserted by 103/1988 s 3(a)

substituted by 46/2015 Sch 1 cl 5

inserted by 6/2019 s 4

inserted by 28/2008 s 4

substituted by 9/2013 s 4

deleted by 18/2017 Sch 2 cl 5

inserted by 26/2002 s 3

substituted by 15/2006 Sch 1 cl 1

substituted by 5/2017 s 27(1)

inserted by 81/2005 s 4(2)

inserted by 81/2005 s 4(2)

inserted by 80/1999 s 3

amended by 50/1984 s 3(1) (Sch 1)

inserted by 5/2017 s 27(2)

substituted by 90/1986 s 3(a)

deleted by 83/1976 s 3(b)

inserted by 12/2012 s 28(2)

inserted by 83/1976 s 3(b)

substituted by 98/1985 s 3

amended by 19/1994 s 3

amended by 10/2008 s 4(2), (3)

inserted by 43/2006 s 66(2)

inserted by 81/2005 s 4(3)

inserted by 81/2005 s 4(3)

deleted by 50/1984 s 3(1) (Sch 1)

inserted by 90/1986 s 3(b)

substituted by 59/1994 s 3

inserted by 10/2008 s 4(4)

inserted by 62/2005 s 5

amended by 31/2005 s 10

amended by 81/2005 s 5(1)

amended by 14/2006 s 4(1)

amended by 43/2006 s 67(1)

amended by 57/2007 s 4(1), (2)

amended by 8/2008 s 4

amended by 18/2010 s 4(1)

amended by 10/2012 s 4(1)

amended by 12/2012 s 29(1)

amended by 28/2016 s 6(1)

amended by 25/2017 Sch 1 cl 3

amended by 38/2018 s 5(1)

amended by 17/2019 s 4(1), (2), (4)

(k)(ii) deleted by 17/2019 s 4(3)

amended by 9/2022 s 8

inserted by 81/2005 s 5(2)

amended by 14/2006 s 4(2), (3)

amended by 18/2010 s 4(2), (3)

inserted by 24/2023 s 3(1)

inserted by 14/2006 s 4(4)

amended by 18/2010 s 4(4)

inserted by 18/2010 s 4(5)

inserted by 28/2021 s 4

amended by 24/2023 s 3(2)

inserted by 12/2012 s 29(2)

amended by 12/2012 s 29(3)

inserted by 38/2018 s 5(2)

inserted by 10/2012 s 4(2)

circumstances of heightened risk

inserted by 18/2010 s 4(6)

inserted by 28/2016 s 6(2)

inserted by 24/2023 s 3(3)

inserted by 18/2010 s 4(6)

material defect

inserted by 24/2023 s 3(4)

deleted by 43/2006 s 67(2)

inserted by 18/2010 s 4(6)

inserted by 115/1976 s 4

inserted by 35/1992 s 4

inserted by 63/1992 s 2

deleted by 28/2002 s 3

inserted by 59/1994 s 4

inserted by 28/2002 s 4

heading amended by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

amended by 50/1984 s 3(1) (Sch 1)

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

inserted by 115/1976 s 5

amended by 33/2012 s 24

substituted by 26/2002 s 19(1) (Sch 2)

amended by 115/1976 s 6

amended by 59/1994 Sch 1

amended by 59/1994 Sch 1

inserted by 59/1994 s 5

amended by 7/2021 Sch 1 cl 2

s 13 redesignated as s 13(1) by 81/2005 s 6

inserted by 81/2005 s 6

inserted by 45/1983 s 2

inserted by 29/2021 Sch 1 cl 7

amended by 51/1983 s 2

amended by 50/1984 s 3(1) (Sch 1)

deleted by 91/1986 s 3

substituted by 51/1983 s 3

deleted by 91/1986 s 3

inserted by 4/2005 s 4

substituted by 6/2018 s 4

inserted by 6/2018 s 5

amended by 6/2018 s 6(1)—(3)

amended by 6/2018 s 6(1), (2)

substituted by 6/2018 s 6(4)

s 14(4) before substitution by 6/2018

cognitive impairment

inserted by 28/2016 s 7(1)

vulnerable adult

amended by 28/2016 s 7(2)

substituted by 6/2018 s 6(4)

inserted by 6/2018 s 7

inserted by 26/2002 s 19(1) (Sch 2)

substituted by 43/2020 s 5

inserted by 43/2020 s 6

substituted by 68/1991 s 2

substituted by 10/1997 s 2

amended by 28/2003 s 4(1)

amended by 28/2003 s 4(2)

inserted by 10/1997 s 2

amended by 28/2003 s 5(1)

amended by 28/2003 s 5(2)

amended by 2/2007 Sch 1 cl 1

inserted by 28/2003 s 6

s 15B redesignated as s 15B(1) by 43/2020 s 7

inserted by 43/2020 s 7

inserted by 28/2003 s 6

inserted by 43/2020 s 8

inserted by 26/2002 s 19(1) (Sch 2)

amended by 50/1984 s 3(1) (Sch 1)

deleted by 63/1992 s 3

heading preceding s 18

deleted by 107/1981 s 4

deleted by 107/1981 s 4

inserted by 40/1991 s 2

substituted by 90/1986 s 4

substituted by 26/2002 s 19(1) (Sch 2)

amended by 50/1984 s 3(1) (Sch 1)

substituted by 90/1986 s 4

substituted by 62/2005 s 6(1)

substituted by 62/2005 s 6(1)

amended by 40/2009 s 4

amended by 17/2019 s 5

amended by 21/2019 s 5

inserted by 62/2005 s 6(2)

inserted by 7/1994 s 3

substituted by 26/2002 s 19(1) (Sch 2)

inserted by 7/1994 s 3

amended by 55/2001 s 4(a), (b)

amended by 62/2005 s 7

inserted by 55/2001 s 4(c)

inserted by 91/1986 s 4

substituted by 26/2002 s 19(1) (Sch 2)

substituted by 81/2005 s 7

inserted by 81/2005 s 8

inserted by 28/2021 s 5

inserted by 91/1986 s 4

heading amended by 24/2023 s 4

amended by 81/2005 s 9(1), (2)

amended by 90/2013 s 4(1)

deleted by 81/2005 s 9(3)

amended by 81/2005 s 9(4)—(6)

amended by 90/2013 s 4(2)

amended by 62/2005 s 8(1)—(5)

deleted by 81/2005 s 9(7)

amended by 62/2005 s 8(6)

amended by 81/2005 s 9(8), (9)

substituted by 18/2010 s 5(1)

amended by 51/1988 s 27

amended by 62/2005 s 8(7)

amended by 81/2005 s 9(10)

s 19A(10) before deletion by 81/2005

inserted by 62/2005 s 8(8)

deleted by 81/2005 s 9(11)

inserted by 18/2010 s 5(2)

inserted by 81/2005 s 10

amended by 24/2023 s 5(1)

amended by 24/2023 s 5(2)

inserted by 24/2023 s 6

inserted by 14/2006 s 5

amended by 90/2013 s 5

inserted by 18/2010 s 6

inserted by 28/2021 s 6

inserted by 11/2021 s 4

heading amended by 24/2023 s 7(1)

amended by 28/2021 s 7(1)

amended by 24/2023 s 7(2)

inserted by 28/2021 s 7(2)

inserted by 28/2021 s 7(3)

amended by 24/2023 s 7(3)

deleted by 28/2021 s 7(4)

inserted by 11/2021 s 4

heading amended by 24/2023 s 8(1)

substituted by 28/2021 s 8(1)

amended by 24/2023 s 8(2), (3)

inserted by 28/2021 s 8(1)

amended by 28/2021 s 8(2)

amended by 24/2023 s 8(4)

inserted by 28/2021 s 8(3)

substituted by 28/2021 s 8(4)

amended by 24/2023 s 8(5)

inserted by 91/1986 s 4

amended by 24/2023 s 9(1)

amended by 81/2005 s 11(1), (2)

amended by 28/2021 s 9(1)

amended by 24/2023 s 9(2)

amended by 28/2021 s 9(2)

amended by 24/2023 s 9(3)

inserted by 14/2006 s 6

inserted by 18/2010 s 7

inserted by 14/2006 s 6

substituted by 26/2002 s 19(1) (Sch 2)

substituted by 62/2005 s 9

amended by 59/1994 Sch 1

substituted by 62/2005 s 10

amended by 17/2019 s 6(1), (2)

amended by 21/2019 s 6(1)

amended by 17/2019 s 6(3), (4)

amended by 21/2019 s 6(2)

inserted by 17/2019 s 7

amended by 34/2020 s 5(1)

inserted by 25/2021 s 6(1)

inserted by 25/2021 s 6(1)

prescribed emergency worker

amended by 25/2021 s 6(2), (3)

inserted by 34/2020 s 5(2)

inserted by 21/2019 s 7

inserted by 21/2019 s 7

inserted by 17/2019 s 7

substituted by 34/2020 s 6

inserted by 17/2019 s 7

inserted by 38/2018 s 6

inserted by 62/2005 s 10

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

substituted by 62/2005 s 10

amended by 9/2006 s 4

amended by 33/2012 s 25(1), (2)

deleted by 50/1984 s 3(1) (Sch 1)

inserted by 62/2005 s 10

amended by 107/1981 s 5

amended by 59/1994 Sch 1

substituted by 62/2005 s 10

amended by 51/1983 s 4

amended by 59/1994 Sch 1

substituted by 62/2005 s 10

amended by 17/2019 s 8

amended by 21/2019 s 8

amended by 59/1994 Sch 1

substituted by 62/2005 s 10

deleted by 59/1994 Sch 1

amended by 59/1994 Sch 1

deleted by 62/2005 s 10

amended by 50/1984 s 3(1) (Sch 1)

deleted by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

substituted by 90/1986 s 5

amended by 62/2005 s 11(1)

amended by 62/2005 s 11(2), (3)

amended by 62/2005 s 11(4), (5)

amended by 17/2019 s 9

amended by 21/2019 s 9

inserted by 81/2005 s 12

inserted by 33/2012 s 26

substituted by 90/1986 s 5

deleted by 6/2018 s 8

substituted by 90/1986 s 5

amended by 62/2005 s 12(1)

amended by 62/2017 s 4(1)

amended by 62/2005 s 12(2)

amended by 62/2017 s 4(2)

inserted by 33/2012 s 27

deleted by 90/1986 s 5

inserted by 103/1988 s 3(b)

amended by 26/1992 s 4

inserted by 33/2012 s 28

inserted by 9/2006 s 5

inserted by 1/2007 s 4

1.4.2007 except s 32C(2) and (3) definitions of controlled drug, prescribed label and prescription drug—16.12.2007

inserted by 1/2007 s 4

amended by 49/2017 Sch 1 cl 2

inserted by 24/1995 s 4

substituted by 26/2002 s 19(1) (Sch 2)

deleted by 90/1986 s 5

inserted by 24/1995 s 4

amended by 26/2002 s 19(1) (Sch 2)

inserted by 24/1995 s 4

amended by 50/1984 s 3(1) (Sch 1)

deleted by 90/1986 s 5

ss 36 and 37

deleted by 90/1986 s 5

amended by 51/1983 s 5

amended by 50/1984 s 3(1) (Sch 1)

deleted by 91/1986 s 5

substituted by 51/1983 s 6

deleted by 91/1986 s 5

inserted by 25/2017 Sch 1 cl 4

Pt 3 Div 9 before substitution by 62/2005

heading preceding s 39

substituted by 26/2002 s 19(1) (Sch 2)

amended by 107/1981 s 6

amended by 69/1991 s 15(a)

substituted by 22/1994 Sch cl 1(a)

amended by 107/1981 s 7

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

amended by 59/1994 Sch 1

(a) deleted by 107/1981 s 8(a)

amended by 107/1981 s 8(b)

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 50/1984 s 3(1) (Sch 1)

amended by 16/1986 s 14

deleted by 62/1993 s 24

amended by 50/1984 s 3(1) (Sch 1)

amended by 90/1986 s 6

deleted by 62/1993 s 24

substituted by 62/2005 s 13

Pt 3 Div 10 before deletion by 62/2005

heading preceding s 47A

inserted by 103/1988 s 3(c)

substituted by 26/2002 s 19(1) (Sch 2)

inserted by 103/1988 s 3(c)

Pt 3 Div 10

deleted by 62/2005 s 14

substituted by 26/2002 s 19(1) (Sch 2)

inserted by 10/2008 s 5

amended by 25/2022 s 3

inserted by 10/2008 s 5

s 48 before substitution by 10/2008

substituted by 83/1976 s 4

s 48(1) redesignated as s 48 in pursuance of the Acts Republication Act 1967

amended by 98/1985 s 4

amended by 59/1994 Sch 1

deleted by 107/1981 s 9

substituted by 10/2008 s 5

inserted by 10/2008 s 5

substituted by 83/1976 s 4

amended by 59/1994 Sch 1

amended by 31/2005 s 11(1)

deleted by 107/1981 s 10(a)

amended by 107/1981 s 10(b)

amended by 59/1994 Sch 1

amended by 62/2005 s 15(1)

amended by 31/2005 s 11(2)

amended by 44/2006 s 15

amended by 9/2022 s 9

amended by 107/1981 s 10(c)

amended by 107/1981 s 10(d)

amended by 59/1994 Sch 1

amended by 62/2005 s 15(2)

substituted by 10/2008 s 6

inserted by 10/2008 s 6

amended by 46/2011 Sch 3 cl 15

deleted by 41/2017 s 5(1)

The amendment to s 49(5a) purportedly made by s 63 of 64/2017 is of no effect because of its deletion by 41/2017.

inserted by 57/2021 s 4

amended by 107/1981 s 10(e)

substituted by 33/1991 s 7

amended by 62/2005 s 15(3), (4)

inserted by 41/2017 s 5(2)

amended by 6/2019 s 5

s 50 before substitution by 41/2017

deleted by 83/1976 s 4

inserted by 10/2008 s 7

amended by 46/2011 Sch 3 cl 16

substituted by 41/2017 s 6

amended by 17/2023 s 3(1)

The amendment to s 50(8) purportedly made by s 64 of 64/2017 is of no effect because of the substitution of s 50 by 41/2017.

amended by 6/2019 s 6

inserted by 17/2023 s 3(2)

deleted by 83/1976 s 4

inserted by 23/2014 s 4

deleted by 83/1976 s 4

substituted by 107/1981 s 11

amended by 59/1994 Sch 1

substituted by 62/2005 s 16

amended by 9/2022 s 10(1), (2)

amended by 31/2005 s 12

deleted by 9/2022 s 10(3)

substituted by 10/2008 s 8(1)

amended by 57/2021 s 5(1)

inserted by 57/2021 s 5(2)

inserted by 10/2008 s 8(2)

amended by 46/2011 Sch 3 cl 17

substituted by 41/2017 s 7

The amendment to s 57(4) purportedly made by s 65 of 64/2017 is of no effect because of its substitution by 41/2017.

amended by 6/2019 s 7

substituted by 83/1976 s 5

amended by 49/1991 Sch 2

deleted by 83/1976 s 6

amended by 92/1978 s 2(a)

amended by 107/1981 s 12

amended by 59/1994 Sch 1

amended by 9/2022 s 11(1), (2)

inserted by 92/1978 s 2(b)

deleted by 114/1983 s 3

inserted by 84/1983 s 2

deleted by 52/2004 s 4

substituted by 83/1976 s 7

amended by 59/1994 Sch 1

amended by 62/2005 s 17

deleted by 83/1976 s 7

s 64 amended by 83/1976 s 8(a), (b)

s 64 amended by 107/1981 s 14

s 64 amended by 50/1984 s 3(1) (Sch 1)

s 64 amended by 59/1994 Sch 1

s 64 amended by 20/2000 s 3

s 64 redesignated as s 60 by 52/2004 s 5

amended by 62/2005 s 18 as amended by 44/2006 s 60

s 65 amended by 83/1976 s 9

s 65 amended by 59/1994 Sch 1

s 65 redesignated as s 61 by 52/2004 s 6

amended by 107/1981 s 13

amended by 59/1994 Sch 1

deleted by 20/2000 s 2

inserted by 52/2004 s 7

amended by 25/2014 s 6

inserted by 13/2019 s 5(1)

deleted by 43/2011 s 3(1)

child exploitation material

child pornography amended to read child exploitation material by 25/2014 s 7(1)

amended by 25/2014 s 7(2)

substituted by 26/2019 s 4(1)

child-like sex doll

inserted by 26/2019 s 4(1)

amended by 43/2011 s 3(2), (3)

inserted by 13/2019 s 5(2)

amended by 25/2014 s 7(3)

amended by 26/2019 s 4(2)

inserted by 13/2019 s 5(3)

inserted by 13/2019 s 5(3)

amended by 26/2019 s 4(3)

substituted by 25/2014 s 7(4)

relevant industry regulatory authority

inserted by 13/2019 s 5(4)

inserted by 13/2019 s 5(4)

amended by 31/2005 s 13

amended by 25/2014 s 8

amended by 26/2019 s 5

amended by 9/2022 s 12

inserted by 26/2019 s 6

amended by 9/2022 s 13

amended by 31/2005 s 14

amended by 25/2014 s 9(1)

amended by 26/2019 s 7(1), (2)

amended by 9/2022 s 14

amended by 25/2014 s 9(2)

deleted by 29/2022 s 5

inserted by 26/2019 s 8

amended by 9/2022 s 15

inserted by 13/2019 s 6

amended by 31/2005 s 15(1)

amended by 43/2011 s 4(1)—(3)

amended by 9/2022 s 16(1), (2)

amended by 31/2005 s 15(2)

amended by 43/2011 s 4(4), (5)

amended by 9/2022 s 16(3), (4)

inserted by 9/2022 s 16(5)

inserted by 43/2011 s 4(6)

inserted by 57/2021 s 6

inserted by 43/2011 s 4(6)

inserted by 43/2011 s 4(6)

substituted by 41/2017 s 8

The amendment to s 63B(6) purportedly made by s 66 of 64/2017 is of no effect because of its substitution by 41/2017.

amended by 6/2019 s 8

inserted by 43/2011 s 4(6)

amended by 13/2019 s 7(1), (2)

inserted by 11/2013 s 5

amended by 13/2019 s 7(3), (4)

inserted by 11/2013 s 5

amended by 13/2019 s 7(5), (6)

amended by 25/2014 s 10

amended by 13/2019 s 7(7), (8)

amended by 13/2019 s 7(9), (10)

inserted by 13/2019 s 8

inserted by 57/2021 s 7

inserted by 20/2000 s 4

substituted by 26/2002 s 19(1) (Sch 2)

amended by 21/2023 s 6

inserted by 20/2000 s 4

amended by 21/2023 s 7(1)

amended by 26/2002 s 19(1) (Sch 2)

commercial sexual acts

inserted by 21/2023 s 7(2)

commercial sexual services

deleted by 21/2023 s 7(2)

amended by 21/2023 s 7(3)

deleted by 83/1976 s 10

inserted by 20/2000 s 4

amended by 31/2005 s 16(1), (2)

amended by 44/2006 s 16(1)

amended by 21/2023 s 8(1), (2)

amended by 31/2005 s 16(3), (4)

amended by 44/2006 s 16(2)

amended by 21/2023 s 8(1), (2)

deleted by 83/1976 s 10

inserted by 20/2000 s 4

amended by 21/2023 s 9(2)

amended by 21/2023 s 9(1)

deleted by 83/1976 s 10

inserted by 20/2000 s 4

amended by 21/2023 s 10(1)

amended by 31/2005 s 17(1)

amended by 9/2022 s 17(1)

amended by 21/2023 s 10(2), (3)

amended by 31/2005 s 17(2)

amended by 9/2022 s 17(2), (3)

amended by 21/2023 s 10(2), (3)

amended by 31/2005 s 17(3)

amended by 9/2022 s 17(4), (5)

amended by 21/2023 s 10(3)—(5)

substituted by 26/2002 s 19(1) (Sch 2)

s 69 before substitution by 10/2008

s 69(1) redesignated as s 69 in pursuance of the Acts Republication Act 1967

amended by 59/1994 Sch 1

deleted by 107/1981 s 15

substituted by 10/2008 s 9

substituted by 83/1976 s 11

amended by 59/1994 Sch 1

substituted by 10/2008 s 10

substituted by 26/2002 s 19(1) (Sch 2)

inserted by 14/2003 s 3

substituted by 83/1976 s 12

inserted by 57/2021 s 8

substituted by 9/1992 s 2

deleted by 10/2008 s 11

s 74 before deletion by 10/2008

deleted by 107/1984 s 9

inserted by 23/1994 s 3

sexual offence

amended by 20/2000 s 5

amended by 31/2005 s 18

deleted by 10/2008 s 12

amended by 83/1976 s 13

amended by 51/1983 s 7

substituted by 59/1994 s 6

amended by 10/2008 s 13

amended by 83/1976 s 14

amended by 20/2000 s 6

amended by 10/2008 s 14

amended by 83/1976 s 15

deleted by 98/1985 s 5

amended by 83/1976 s 16

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 28

amended by 83/1976 s 17

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 29

substituted by 26/2002 s 19(1) (Sch 2)

amended by 59/1994 Sch 1

amended by 46/2019 s 6

amended by 50/1984 s 3(1) (Sch 1)

amended by 46/2019 s 7

substituted by 83/1976 s 18

substituted by 26/2002 s 19(1) (Sch 2)

amended by 83/1976 s 19(a)

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

inserted by 83/1976 s 19(b)

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

amended by 83/1976 s 19(c)

amended by 50/1984 s 3(1) (Sch 1)

Pt 3 Div 17 before deletion by 7/2021

substituted by 26/2002 s 19(1) (Sch 2)

amended by 59/1994 Sch 1

amended by 59/1994 Sch 1

amended by 59/1994 Sch 1

amended by 14/1978 s 3

s 82A(5) and (9)

amended by 50/1984 s 3(1) (Sch 1)

heading preceding s 83

substituted by 26/2002 s 19(1) (Sch 2)

Pt 3 Div 17

deleted by 7/2021 Sch 1 cl 3

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

inserted by 8/2008 s 5

inserted by 61/2017 s 4

inserted by 12/2012 s 30

inserted by 19/2015 s 5

amended by 19/2015 s 6(1)

amended by 19/2015 s 6(2)

amended by 19/2015 s 7

inserted by 19/2015 s 8

amended by 25/2023 s 2(1)

inserted by 25/2023 s 2(2)

amended by 25/2023 s 2(3)

deleted by 47/2017 s 3

deleted by 47/2017 s 4

deleted by 47/2017 s 5

amended by 53/2017 s 14

inserted by 83/2013 s 4

accredited guide dog amended to read accredited assistance dog by 33/2016 Sch 1 cl 1(1)

amended by 33/2016 Sch 1 cl 1(2), (3)

deleted by 33/2016 Sch 1 cl 1(4)

amended by 33/2016 Sch 1 cl 1(5)

amended by 53/2017 s 15(1), (2)

amended by 33/2016 Sch 2 cl 2

inserted by 62/2017 s 5

Pt 4 before substitution 90/1986

amended by 107/1981 ss 16—19

amended by 50/1984 s 3(1) (Sch 1)

amended by 16/1986 ss 15—18

substituted by 90/1986 s 7

inserted by 40/2009 s 5

s 85 before substitution by 40/2009

amended by 69/1991 s 15(b)

amended by 69/2001 s 7(a)—(f)

amended by 69/1991 s 15(c)

amended by 69/2001 s 7(g)—(l)

substituted by 40/2009 s 6

inserted by 35/1992 s 5

inserted by 24/2002 s 4

amended by 33/2021 s 3(1)

inserted by 33/2021 s 3(2)

amended by 69/1991 s 15(d)

substituted by 35/1992 s 6

inserted by 37/1992 s 4

amended by 34/2020 s 7(1), (2)

deleted by 69/1991 s 15(e)

inserted by 2/2004 s 4

Pt 5 before deletion by 26/2002

amended by 50/1984 s 3(1) (Sch 1)

amended by 33/1999 Sch (item 16(a))

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 4

deleted by 26/2002 s 4

deleted by 59/1994 s 7

heading preceding s 136

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 107/1981 s 20

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 16/1986 s 19

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 16/1986 s 20

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

amended by 16/1986 s 21

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

heading preceding s 144

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

heading preceding s 147

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 16/1986 s 22

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 16/1986 s 23

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

heading preceding s 152

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

ss 152A and 153

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 4

heading preceding s 154

inserted by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 4

heading preceding s 155

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

deleted by 107/1981 s 21

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

ss 161 and 162

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

ss 164 and 165

amended by 59/1994 Sch 1

deleted by 26/2002 s 4

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 4

inserted by 26/2002 s 4

amended by 10/2012 s 5

amended by 62/2005 s 19(1)

deleted by 62/2005 s 19(2)

amended by 62/2005 s 19(3)

amended by 63/2005 s 4

inserted by 63/2005 s 5

amended by 80/2005 Sch 1 cl 3(1)

serious drug offence

deleted by 80/2005 Sch 1 cl 3(2)

amended by 62/2005 s 20

inserted by 4/2018 s 4

amended by 9/2022 s 18(1), (2)

amended by 9/2022 s 18(3), (4)

substituted by 9/2022 s 18(5)

amended by 62/2005 s 21

inserted by 60/2003 s 4

amended by 37/2011 Sch 1 cl 1

inserted by 7/2013 s 4

inserted by 26/2002 s 4

amended by 5/2017 s 28

substituted by 80/1999 s 4

deleted by 26/2002 s 5

heading inserted by 26/2002 s 5

substituted by 59/1994 s 8

amended by 26/2002 s 6

substituted by 59/1994 s 8

substituted by 80/1999 s 5

amended by 26/2002 s 7

substituted by 59/1994 s 8

substituted by 80/1999 s 5

amended by 62/2005 s 22(1)

deleted by 62/2005 s 22(2)

substituted by 59/1994 s 8

substituted by 80/1999 s 5

amended by 62/2005 s 23(1)

substituted by 62/2005 s 23(2)

inserted by 80/1999 s 5

amended by 62/2005 s 24

amended by 50/1984 s 3(1) (Sch 1)

substituted by 59/1994 s 8

deleted by 26/2002 s 8

deleted by 59/1994 s 8

amended by 59/1994 Sch 1

deleted by 80/1999 s 6

heading preceding s 174

inserted by 50/1984 s 3(1)(Sch 1)

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 175

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 176

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 8

ss 181 and 182

deleted by 26/2002 s 8

heading preceding s 183

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 184

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 8

heading preceding s 195

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 196

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

deleted by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 8

heading preceding s 201

amended by 51/1988 s 30

deleted by 26/2002 s 8

amended by 16/1986 s 24

deleted by 51/1988 s 31

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

deleted by 26/2002 s 8

heading preceding s 204

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 107/1981 s 22

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 206

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 115/1976 s 7

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

ss 208 and 209

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 211A

inserted by 95/1996 Sch 2, cl 1

deleted by 26/2002 s 8

inserted by 95/1996 Sch 2, cl 1

deleted by 26/2002 s 8

heading deleted by 26/2002 s 8

amended by 30/1997 s 6

amended by 33/1999 Sch (item 16(b))

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 217

deleted by 26/2002 s 8

ss 217 and 218

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 219

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

amended by 33/1999 Sch (item 16(c))

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 224

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 8

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

heading preceding s 233

deleted by 26/2002 s 8

ss 233 and 234

amended by 59/1994 Sch 1

deleted by 26/2002 s 8

deleted by 26/2002 s 8

amended by 50/1984 s 3(1) (Sch 1)

deleted by 26/2002 s 8

inserted by 26/2002 s 8

amended by 12/2012 s 31

inserted by 26/2002 s 8

inserted by 13/2022 s 3

Pt 7 before substitution by 35/1992

amended by 115/1976 s 8

amended by 107/1981 s 23

amended by 50/1984 s 3(1) (Sch 1)

amended by 56/1984 s 4

amended by 46/1985 s 37

substituted by 35/1992 s 7

deleted by 26/2002 s 9

amended by 36/2003 s 4

substituted by 54/2016 Sch 1 cl 1

The amendments purportedly made by 5/2017 s 29(1) and (2) are of no effect because of other amendments.

amended by 38/2021 Sch 1 cl 12

inserted by 36/2019 s 4

amended by 12/2012 s 32

amended by 12/2012 s 33

substituted by 16/1999 s 3

amended by 52/2012 Sch 3 cl 12(1)

amended by 38/2021 Sch 1 cl 13(1)

amended by 52/2012 Sch 3 cl 12(2)

amended by 38/2021 Sch 1 cl 13(2)

amended by 17/2006 s 89

amended by 16/1999 s 4(a)

deleted by 16/1999 s 4(b)

substituted by 13/2008 Sch 1 cl 3

amended by 12/2012 s 34

amended by 52/2012 Sch 3 cl 13

amended by 12/2012 s 35

substituted by 13/2008 Sch 1 cl 4

amended by 12/2012 s 36

s 251 redesignated as s 251(1) by 36/2003 s 5

amended by 12/2012 s 37(1)

inserted by 36/2003 s 5

amended by 12/2012 s 37(2)

inserted by 38/2021 Sch 1 cl 14

amended by 57/2000 s 14(a)

inserted by 57/2000 s 14(b)

amended by 50/2005 Sch 1 cl 4

inserted by 2/1999 s 2

Pt 8 renumbered Pt 7A by 15/1999 s 2

Pt 7A renumbered Pt 7B pursuant to the Acts Republication Act 1967

substituted by 59/1994 s 9

amended by 107/1981 s 24

deleted by 35/1992 s 8

deleted by 59/1994 s 9

inserted by 40/2015 s 4

amended by 46/2015 Sch 1 cl 6

inserted by 15/1999 s 3

s 267A redesignated as s 267A(1) by 40/2004 s 4(5)

inserted by 40/2004 s 4(1)

inserted by 40/2004 s 4(2)

inserted by 40/2004 s 4(2)

inserted by 19/2017 s 4

inserted by 40/2004 s 4(2)

inserted by 40/2004 s 4(3)

inserted by 40/2004 s 4(3)

inserted by 40/2004 s 4(3)

inserted by 40/2004 s 4(4)

inserted by 40/2004 s 4(5)

substituted by 40/2004 s 5

inserted by 40/2004 s 5

substituted by 10/2008 s 15

inserted by 40/2004 s 5

amended by 40/2004 s 6

inserted by 91/1995 s 3

amended by 39/2000 s 3(a)

inserted by 19/2017 s 5(1)

inserted by 19/2017 s 5(1)

inserted by 39/2000 s 3(b)

inserted by 39/2000 s 3(b)

inserted by 19/2017 s 5(2)

inserted by 19/2017 s 5(2)

inserted by 39/2000 s 3(b)

substituted by 19/2017 s 5(3)

inserted by 19/2017 s 5(4)

inserted by 19/2017 s 5(4)

amended by 39/2000 s 3(c)

amended by 19/2017 s 5(5)

inserted by 39/2000 s 3(d)

amended by 43/2006 s 68

inserted by 19/2017 s 5(6)

amended by 5/2010 Sch 1 cl 9

inserted by 19/2017 s 5(7)

inserted by 19/2017 s 5(7)

inserted by 19/2017 s 5(8)

inserted by 6/2016 Sch 1 cl 3(1)

inserted by 6/2016 Sch 1 cl 3(2)

inserted by 19/2017 s 5(9)

inserted by 6/2016 Sch 1 cl 3(3)

inserted by 39/2000 s 4

inserted by 39/2000 s 5

amended by 19/2017 s 6(1), (2)

inserted by 19/2017 s 6(3)

inserted by 19/2017 s 6(3)

amended by 18/2017 Sch 2 cl 6

substituted by 39/2000 s 6(a)

deleted by 39/2000 s 6(a)

amended by 19/2017 s 7(2)

amended by 19/2017 s 7(1)

inserted by 39/2000 s 6(b)

amended by 26/2002 s 10(a) (commencement amended by 23/2004 s 30)

inserted by 39/2000 s 7(a)

substituted by 39/2000 s 7(b)

amended by 26/2002 s 10(b) (commencement amended by 23/2004 s 30)

amended by 19/2017 s 8(2)

amended by 19/2017 s 8(1)

substituted by 39/2000 s 7(b)

amended by 26/2002 s 10(c) (commencement amended by 23/2004 s 30)

amended by 19/2017 s 8(4)

amended by 19/2017 s 8(3)

amended by 18/2017 Sch 2 cl 7

substituted by 39/2000 s 8(a)

deleted by 39/2000 s 8(a)

substituted by 39/2000 s 8(b)

amended by 19/2017 s 9(2)

amended by 19/2017 s 9(1)

inserted by 39/2000 s 8(b)

substituted by 39/2000 s 9

inserted by 39/2000 s 9

amended by 19/2017 s 10(2)

amended by 19/2017 s 10(1)

Pt 8A Div 3A Subdivs 1 and 2

inserted by 19/2017 s 11

Pt 8A Div 3A Subdiv 3

inserted by 19/2017 s 11

Pt 8A Div 3A Subdivs 4 and 5

inserted by 19/2017 s 11

amended by 19/2017 s 12

Pt 8A Div 4 Subdiv 1

inserted by 19/2017 s 13

Pt 8A Div 4 Subdiv 2

inserted by 19/2017 s 14

amended by 33/2012 s 29(1)

amended by 78/2013 s 8

amended by 19/2017 s 15(1), (2)

inserted by 19/2017 s 15(3)

inserted by 33/2012 s 29(2)

amended by 46/2015 Sch 1 cl 7

inserted by 33/2012 s 29(2)

inserted by 33/2012 s 30

amended by 19/2017 s 16(1), (2)

amended by 19/2017 s 17(1), (2)

inserted by 19/2017 s 17(3)

amended by 39/2000 s 10

amended by 19/2017 s 18

amended by 39/2000 s 10

amended by 19/2017 s 19

amended by 79/2009 s 16(1)

inserted by 79/2009 s 16(2)

amended by 19/2017 s 19

amended by 53/2017 s 16(1)

inserted by 79/2009 s 16(2)

amended by 53/2017 s 16(2)

inserted by 79/2009 s 16(2)

amended by 19/2017 s 19

amended by 53/2017 s 16(3)

inserted by 79/2009 s 16(2)

prescribed summary offence

amended by 53/2017 s 16(4)

deleted by 19/2017 s 20

amended by 19/2017 s 21(1)

amended by 39/2000 s 11(a), (b)

amended by 19/2017 s 21(1)—(3)

inserted by 39/2000 s 11(c)

substituted by 19/2017 s 21(4)

substituted by 39/2000 s 12

amended by 19/2017 s 22(1)

inserted by 19/2017 s 22(2)

substituted by 19/2017 s 22(2)

Pt 8A Div 4 Subdivs 3 and 4

inserted by 19/2017 s 23

Pt 8A Div 4 Subdiv 5

inserted by 19/2017 s 24

amended by 39/2000 s 13

amended by 19/2017 s 25

amended by 39/2000 s 13

inserted by 52/2009 s 4

Pt 8A Div 4 Subdiv 6

inserted by 19/2017 s 26

inserted by 39/2000 s 14

inserted by 19/2017 s 27

s 269W redesignated as s 269W(1) by 39/2000 s 15

inserted by 39/2000 s 15

inserted by 39/2000 s 16

amended by 18/2017 Sch 2 cl 8

amended by 34/2020 s 8(1)

amended by 34/2020 s 8(2)

inserted by 34/2020 s 8(3)

amended by 19/2017 s 28

substituted by 39/2000 s 17

amended by 17/2006 s 90

inserted by 39/2000 s 17

inserted by 26/2002 s 11

amended by 39/2000 s 18

amended by 19/2017 s 29

amended by 59/1994 Sch 1

substituted by 26/2002 s 19(1) (Sch 2)

(a) deleted by 107/1981 s 25

amended by 35/1992 s 9(a)

(d) and (e) deleted by 35/1992 s 9(b)

amended by 59/1994 Sch 1

amended by 59/1994 Sch 1

inserted by 107/1981 s 26

substituted by 26/2002 s 19(1) (Sch 2)

inserted by 107/1981 s 26

inserted by 45/1983 s 3

amended by 59/1994 Sch 1

inserted by 107/1981 s 26

substituted by 59/1994 Sch 1

substituted by 26/2002 s 19(1) (Sch 2)

inserted by 107/1981 s 26

substituted by 59/1994 Sch 1

amended by 59/1994 Sch 1

inserted by 26/2002 s 12(a)

deleted by 26/2002 s 12(b)

inserted by 26/2002 s 13

substituted by 26/2002 s 19(1) (Sch 2)

substituted by 59/1994 s 10

amended by 26/2002 s 14

amended by 50/1984 s 3(1) (Sch 1)

deleted by 59/1994 s 10

amended by 50/1984 s 3(1) (Sch 1)

Pt 9 Div 6 before deletion by 18/2017

substituted by 26/2002 s 19(1) (Sch 2)

amended by 50/1984 s 3(1) (Sch 1)

amended by 43/1994 s 5

amended by 49/1991 Sch 2

amended by 26/1992 s 5

inserted by 12/2012 s 38

amended by 49/1991 Sch 2

amended by 50/1984 s 3(1) (Sch 1)

amended by 49/1991 Sch 2

amended by 26/1992 s 6

amended by 62/1993 s 26

amended by 59/1994 Sch 1

inserted by 10/2008 s 16(1)

(c) deleted by 34/2011 s 5(1)

substituted by 34/2011 s 5(2)

inserted by 10/2008 s 16(2)

sexual offence

amended by 34/2011 s 5(3), (4)

amended by 28/2016 s 8

amended by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

amended by 17/2006 s 91

heading preceding s 281A

inserted by 109/1981 s 59

deleted by 26/2002 s 19(1) (Sch 2)

inserted by 109/1981 s 59

amended by 49/1991 Sch 2

deleted by 69/1991 s 15(f)

Pt 9 Div 7 before deletion by 18/2017

heading preceding s 282

inserted by 109/1981 s 60

substituted by 26/2002 s 19(1) (Sch 2)

amended by 50/1984 s 3(1) (Sch 1)

amended by 50/1984 s 3(1) (Sch 1)

Pt 9 Div 8 before deletion by 18/2017

heading preceding s 284

substituted by 26/2002 s 19(1) (Sch 2)

inserted by 108/1981 s 2

inserted by 43/2012 s 10

inserted by 45/1983 s 4

inserted by 74/2005 s 4

substituted by 17/2012 s 4(1)

deleted by 17/2012 s 4(2)

ss 285BB and 285BC

inserted by 74/2005 s 4

inserted by 78/1984 s 2

amended by 43/1994 s 6

amended by 49/1991 Sch 2

amended by 17/2006 s 92(1)

amended by 17/2006 s 92(2), (3)

amended by 49/1991 Sch 2

deleted by 90/1986 s 8

deleted by 10/2001 s 6(a)

substituted by 76/1992 s 4

inserted by 76/1992 s 4

substituted by 74/2005 s 5

inserted by 74/2005 s 5

inserted by 76/1992 s 4

amended by 59/1994 Sch 1

Pt 9 Div 9 before deletion by 18/2017

heading preceding s 291

inserted by 27/1995 s 12

substituted by 26/2002 s 19(1) (Sch 2)

amended by 50/1984 s 3(1) (Sch 1)

deleted by 59/1994 Sch 1

inserted by 27/1995 s 12

heading preceding s 292

deleted by 91/1995 Sch cl 1

amended by 22/1992 s 3

deleted by 91/1995 Sch cl 1

amended by 22/1992 s 4

deleted by 91/1995 Sch cl 1

amended by 78/1988 s 2

substituted by 22/1992 s 5

deleted by 91/1995 Sch cl 1

Pt 9 Div 10 before deletion by 18/2017

heading preceding s 294

substituted by 26/2002 s 19(1) (Sch 2)

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

amended by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

amended by 115/1976 s 9

deleted by 49/1984 s 3

Pt 9 Div 11 before substitution by 23/2004

heading preceding s 297

substituted by 26/2002 s 19(1) (Sch 2)

amended by 50/1984 s 3(1) (Sch 1)

amended by 50/1984 s 3(1) (Sch 1)

amended by 59/1994 Sch 1

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 32

amended by 50/1984 s 3(1) (Sch 1)

s 297(7) and (8)

amended by 59/1994 Sch 1

deleted by 51/1988 s 33

substituted by 16/1986 s 25

deleted by 51/1988 s 33

Pt 9 Div 11 before deletion by 18/2017

substituted by 23/2004 s 5

Pt 9 Div 12 before deletion by 18/2017

heading preceding s 299A

substituted by 26/2002 s 19(1) (Sch 2)

amended by 15/2008 Sch 1 cl 1

amended by 46/2015 Sch 1 cl 8

amended by 43/1994 s 7

amended by 56/2005 Sch 2 cl 16

heading preceding s 300

deleted by 51/1988 s 34

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 34

amended by 49/1987 Sch 2

deleted by 51/1988 s 34

ss 300B—300D

deleted by 51/1988 s 34

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 34

ss 300F and 300G

deleted by 51/1988 s 34

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 34

heading preceding s 301

amended by 115/1976 s 10(1)

deleted by 51/1988 s 35

deleted by 115/1976 s 10(2)

inserted by 16/1986 s 26

deleted by 51/1988 s 35

deleted by 115/1976 s 10(2)

deleted by 115/1976 s 10(2)

inserted by 69/1986 s 18

deleted by 51/1988 s 35

deleted by 115/1976 s 10(2)

deleted by 51/1988 s 35

substituted by 67/1980 s 3

amended by 69/1986 s 19

deleted by 51/1988 s 35

deleted by 51/1988 s 35

ss 313 and 313A

deleted by 51/1988 s 35

amended by 115/1976 s 11

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 35

heading preceding s 315

amended by 51/1988 s 36

deleted by 26/2002 s 19(1) (Sch 2)

ss 315 and 316

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 37

amended by 50/1984 s 3(1) (Sch 1)

amended by 51/1988 s 38

deleted by 26/2002 s 15

amended by 51/1988 s 39

deleted by 26/2002 s 15

heading preceding s 319

deleted by 51/1988 s 40

amended by 50/1984 s 3(1) (Sch 1)

amended by 90/1986 s 9

deleted by 51/1988 s 40

deleted by 51/1988 s 40

amended by 50/1984 s 3(1) (Sch 1)

deleted by 51/1988 s 40

deleted by 51/1988 s 40

deleted by 51/1988 s 40

Pt 9 Divs 6—12

deleted by 18/2017 Sch 2 cl 9

Pt 9 Div 13 before deletion by 43/2020

heading preceding s 328A

substituted by 26/2002 s 19(1) (Sch 2)

Pt 9 Div 13

deleted by 43/2020 s 9

inserted by 26/2002 s 19(1) (Sch 2)

inserted by 49/1984 s 4

amended by 59/1994 Sch 1

Pt 9 Div 15

inserted by 26/2002 s 16

deleted by 18/2017 Sch 2 cl 10

deleted by 49/1984 s 5

inserted by 28/2008 s 5

deleted by 18/2017 Sch 2 cl 11

inserted by 28/2008 s 5

deleted by 18/2017 Sch 2 cl 11

Pt 11 before deletion by 18/2017

inserted by 26/2002 s 19(1) (Sch 2)

substituted by 17/2006 s 93

deleted by 67/1980 s 4

ancillary order

inserted by 75/1991 s 9

amended by 43/1994 s 8(a)

amended by 22/1994 Sch cl 1(b)

amended by 59/1998 s 5

(a) and (b) deleted by 19/2005 Sch 1 cl 5

amended by 85/2009 Sch 1 cl 5

inserted by 90/1995 s 3(a)

inserted by 90/1995 s 3(a)

District Criminal Court

deleted by 43/1994 s 8(b)

deleted by 28/2008 s 6

information

amended by 50/1984 s 3(1) (Sch 1)

amended by 43/1994 s 8(c)

issue antecedent to trial

inserted by 90/1995 s 3(b)

amended by 43/1994 s 8(d)

deleted 50/1984 s 3(1) (Sch 1)

question of law

inserted by 90/1995 s 3(c)

deleted by 67/1996 s 8

amended by 13/1999 s 4

inserted by 67/1980 s 5

deleted by 49/1991 Sch 2

s 349(1) redesignated as s 349 in pursuance of the Acts Republication Act 1967

heading preceding s 350

substituted by 26/2002 s 19(1) (Sch 2)

s 350 before substitution by 90/1995

amended by 67/1980 s 6

amended by 50/1984 s 3(1) (Sch 1)

amended by 49/1991 Sch 2

s 350 before substitution by 17/2006

substituted by 90/1995 s 4

inserted by 67/1996 s 9(a)

amended by 67/1996 s 9(b)

amended by 67/1996 s 9(c)

amended by 67/1996 s 9(d)

amended by 67/1996 s 9(e)

substituted by 17/2006 s 94

amended by 67/1980 s 7

amended by 50/1984 s 3(1) (Sch 1)

amended by 49/1991 Sch 2

substituted by 90/1995 s 5

amended by 67/1996 s 10

inserted by 67/1980 s 8

deleted by 37/1993 Sch

inserted by 90/1995 s 5

amended by 67/1996 s 11

inserted by 90/1995 s 5

amended by 67/1996 s 12

amended by 47/2013 s 4

heading preceding s 352

substituted by 26/2002 s 19(1) (Sch 2)

amended by 67/1980 s 9

amended by 50/1984 s 3(1) (Sch 1)

amended by 49/1991 Sch 2

amended by 43/1994 s 9

substituted by 90/1995 s 6

amended by 13/1999 s 5

amended by 31/2000 s 2

amended by 17/2006 s 95(1)

amended by 28/2008 s 7

amended by 9/2013 s 5(1)

deleted by 17/2006 s 95(2)

inserted by 9/2013 s 5(2)

s 353(1) and (2)

amended by 50/1984 s 3(1) (Sch 1)

inserted by 31/2000 s 3

amended by 28/2008 s 8(1)

substituted by 28/2008 s 8(2)

inserted by 90/1995 s 7

amended by 9/2013 s 6

amended by 67/1980 s 10(a)

substituted by 23/2004 s 6

amended by 28/2016 s 9

inserted by 67/1980 s 10(b)

amended by 49/1991 Sch 2

substituted by 59/1998 s 6

inserted by 9/2013 s 7

deleted by 26/2002 s 17

inserted by 75/1991 s 10

substituted by 59/1998 s 7

inserted by 59/1998 s 7

amended by 50/1984 s 3(1) (Sch 1)

amended by 17/2006 s 96

inserted by 43/1994 s 10

heading preceding s 357

deleted by 26/2002 s 19(1) (Sch 2)

amended by 115/1976 s 12

amended by 33/1991 s 8

substituted by 90/1995 s 8

amended by 17/2006 s 97

s 357(3) and (4)

inserted by 9/2013 s 8

amended by 50/1984 s 3(1) (Sch 1)

amended by 43/1994 s 11

deleted by 90/1995 s 9

deleted by 10/2001 s 6(b)

s 361 before substitution by 62/2016

amended by 17/2006 s 98

s 361(1a) and (1b)

inserted by 43/2012 s 11(1)

inserted by 43/2012 s 11(2)

substituted by 62/2016 s 6

amended by 49/1991 Sch 2

deleted by 10/2001 s 6(c)

amended by 50/1984 s 3(1) (Sch 1)

amended by 33/1991 s 9

amended by 17/2006 s 99

amended by 50/1984 s 3(1) (Sch 1)

s 365(1), (2) and (4)

amended by 50/1984 s 3(1)(Sch 1)

amended by 50/1984 s 3(1) (Sch 1)

amended by 17/2006 s 100

amended by 49/1991 Sch 2

amended by 50/1984 s 3(1) (Sch 1)

amended by 49/1991 Sch 2

amended by 67/1980 s 11

amended by 17/2006 s 101

deleted by 9/2013 s 9

amended by 50/1984 s 3(1) (Sch 1)

amended by 43/1994 s 12

deleted by 90/1995 s 10

heading preceding s 369

substituted by 26/2002 s 19(1) (Sch 2)

s 369 amended by 115/1976 s 13

s 369 amended by 49/1991 Sch 2

s 369 redesignated as s 369(1) by 9/2013 s 10

inserted by 9/2013 s 10

deleted by 18/2017 Sch 2 cl 11

inserted by 26/2002 s 18

Schs 1 and 2

amended by 49/1991 Sch 2

deleted by 18/2017 Sch 2 cl 12

Sch 3 before deletion by 18/2017

amended by 50/1984 s 3(1) (Sch 1)

amended by 49/1991 Sch 2

amended by 59/1994 Sch 1

all rules revoked by 5.01 of Supreme Court Criminal Rules 2013

deleted by 18/2017 Sch 2 cl 12

Appendix to Rules

deleted by 26/2002 s 19(1) (Sch 2)

Schs 8 and 9

deleted by 115/1976 s 14

deleted by 18/2017 Sch 2 cl 12

inserted by 35/1992 s 10 (Sch)

inserted by 7/2021 Sch 1 cl 4

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Crimes Confiscation and Restitution) Act 1991

11—Transitional provision

The amendments made by this Part apply in respect of proceedings commenced either before or after the commencement of this Part.

Statutes Repeal and Amendment (Courts) Act 1991

22—Transitional provisions—general

(1) This section applies to amendments made by this Act or the Justices Amendment Act 1991.

(2) The following transitional provisions apply in relation to those amendments:

(a) if the effect of the amendment is to reduce the penalty for an offence, the amendment applies whether the offence was committed before or after the amendment takes effect;

(b) if the effect of the amendment is to increase the penalty for an offence, the amendment applies only to offences committed after it takes effect;

(c) if the effect of the amendment is to increase or remove a time limit for commencing proceedings for an offence, the previous limit applies in respect of an offence committed before the amendment takes effect;

(d) an amendment affecting the classification of an offence as summary or indictable does not apply in relation to an offence committed before the amendment takes effect.

Criminal Law Consolidation (Detention of Insane Offenders) Amendment Act 1992

6—Transitional provisions

(1) A person who is, immediately prior to the commencement of this Act, being kept in custody during the Governor's pleasure pursuant to section 292 or 293 of the principal Act will, on that commencement, be taken to be detained until further order of the court pursuant to the principal Act as amended by this Act.

(2) A person who is, immediately prior to the commencement of this Act, subject to a licence pursuant to section 293A of the principal Act will, on that commencement, be taken to have been released by the court on licence pursuant to the principal Act as amended by this Act.

Criminal Law Consolidation (Appeals) Amendment Act 1995

11—Transitional provision

(1) If an information was laid in the Supreme Court or the District Court before the commencement of this Act, the amendments effected by this Act do not apply to the proceedings founded on that information or any related proceedings and the provisions of the principal Act affected by the amendments continue to apply as if the amendments had not been made.

(2) If an information is laid in the Supreme Court or the District Court on or after the commencement of this Act, the amendments effected by this Act apply to the proceedings founded on the information and any related proceedings.

Criminal Law Consolidation (Mental Impairment) Amendment Act 1995, Sch

2—Transitional provision

The principal Act, as amended by this Act, applies to all trials commencing after the commencement of this Act (whether the offence is alleged to have been committed before or after the commencement of this Act).

Criminal Law Consolidation (Appeals) Amendment Act 2000

4—Transitional provision

The amendments effected by this Act only apply in relation to proceedings for offences alleged to have been committed after its commencement.

Statutes Amendment (Courts and Judicial Administration) Act 2001

8—Transitional provision

The amendments made to the principal Act by this Part do not apply in respect of an offence committed before the commencement of this Part.

Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002, Sch 1

2—Transitional provision

(1) The principal Act as in force before the commencement of this Act applies to offences committed before the commencement of this Act.

(2) The principal Act as amended by this Act applies to offences committed on or after the commencement of this Act.

Controlled Substances (Serious Drug Offences) Amendment Act 2005, Sch 1

6—Transitional provision

An amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.

Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008, Sch 1

7—Transitional provision—Persistent sexual abuse of a child

For the avoidance of doubt, the repeal of section 74 of the Criminal Law Consolidation Act 1935 does not affect any proceedings for an offence against that section commenced prior to the repeal of that section.

Statutes Amendment (Courts Efficiency Reforms) Act 2012

12—Transitional provision

The amendments made to the Criminal Law Consolidation Act 1935 by this Part are to be considered procedural rather than substantive.

Statutes Amendment (Appeals) Act 2013, Sch 1—Transitional provision

The amendments effected by this Act apply in relation to appeals instituted after the commencement of this Act, regardless of whether the offence to which the appeal relates was committed, or allegedly committed, before or after the commencement of this Act.

Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017, Pt 4

9—Sentencing for offences under previous law

(1) A sentence imposed on a person, before the commencement of this section, in respect of an offence against section 50 of the Criminal Law Consolidation Act 1935 (as in force before the commencement of section 6 of this Act) is taken to be, and always to have been, not affected by error or otherwise manifestly excessive merely because—

(a) the trial judge did not ask any question of the trier of fact directed to ascertaining which acts of sexual exploitation, or which particulars of the offence as alleged, the trier of fact found to have been proved beyond a reasonable doubt and the person was not sentenced on the view of the facts most favourable to the person; and

(b) the sentencing court sentenced the person consistently with the verdict of the trier of fact but having regard to the acts of sexual exploitation determined by the sentencing court to have been proved beyond a reasonable doubt.

(2) Where, after the commencement of this section, a person is to be sentenced for an offence against section 50 of the Criminal Law Consolidation Act 1935 (as in force before the commencement of section 6 of this Act) the following provisions apply:

(a) a verdict of guilt handed down by the trier of fact in relation to the offence is taken to be, and always to have been, a finding by the trier of fact that the person is guilty of the acts of sexual exploitation comprising the course of conduct alleged by the information;

(b) notwithstanding paragraph (a), in sentencing the person for the offence, the sentencing court may determine which alleged acts of sexual exploitation the sentencing court finds proved beyond a reasonable doubt and may disregard any acts of sexual exploitation that the sentencing court is not satisfied were proved beyond a reasonable doubt;

(c) for the avoidance of doubt, the sentencing court need not ask any question of the trier of fact directed to ascertaining which acts of sexual exploitation, or which particulars of the offence as alleged, the trier of fact found to have been proved beyond a reasonable doubt and, unless it has so determined in accordance with paragraph (b), need not sentence the person on the view of the facts most favourable to the person.

(3) This section does not apply in relation to the particular matter that was the subject of the determination in Chiro v The Queen [2017] HCA 37 (13 September 2017).

Except as provided in subsection (3), this section negates the effect of the determination of the High Court in Chiro v The Queen [2017] HCA 37 (13 September 2017).

Criminal Law Consolidation (Criminal Organisations) Amendment Act 2017, Sch 1

1—Transitional provision

An amendment of the Criminal Law Consolidation Act 1935 made by this Act will apply only in respect of an offence alleged to have occurred after the commencement of this Act.

Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14

41—Transitional provision

The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).

Statutes Amendment (Explosives) Act 2017, Pt 2

(1) The Attorney-General must undertake a review of the operation and effectiveness of the amendments effected by this Part.

(2) The review required under this section must commence not later than 3 years after the commencement of this Part.

(3) The Attorney-General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.

Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020, Sch 1

1—Transitional provision—amendments to Criminal Law Consolidation Act 1935

Section 15B(2) of the Criminal Law Consolidation Act 1935 (as enacted by this Act) will be taken not to apply in relation to a trial that commenced before the commencement of this clause.

Statutes Amendment (Attorney-General's Portfolio) Act 2020, Pt 3

9—Transitional provision

(1) If, immediately before the relevant day, a defendant is in any form of custody pursuant to an order of a court under section 269X(1)(b) or (2)(b) of the Criminal Law Consolidation Act 1935, the custody of the defendant may, after the relevant day, be determined as if the defendant had been committed to custody in accordance with section 269X(1)(b) or (2)(b) (as the case may be) of the Criminal Law Consolidation Act 1935 as in force after the relevant day.

(2) In this section—

relevant day means the day on which section 8 of this Part comes into operation.

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21—Savings and transitional provisions

76—Savings and transitional regulations

Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.

Historical versions

Retrospective amendment not included in Reprints 33—38 (see s 10 of 26/2002)

Reprint No 1—6.6.1991

Reprint No 2—31.10.1991

Reprint No 3—12.12.1991

Reprint No 4—16.1.1992

Reprint No 5—16.4.1992

Reprint No 6—6.7.1992

Reprint No 7—12.11.1992

Reprint No 8—1.1.1993

Reprint No 9—1.7.1993

Reprint No 10—15.7.1993

Reprint No 11—1.6.1994

Reprint No 12—9.6.1994

Reprint No 13—1.8.1994

Reprint No 14 —1.1.1995

Reprint No 15—10.7.1995

Reprint No 16—4.1.1996

Reprint No 17—2.3.1996

Reprint No 18—12.9.1996

Reprint No 19—17.10.1996

Reprint No 20—27.3.1997

Reprint No 21—27.4.1997

Reprint No 22—7.7.1997 does not contain 30/1997

Reprint No 23—7.7.1997

Reprint No 24—13.12.1998

Reprint No 25—11.3.1999

Reprint No 26—1.4.1999

Reprint No 27—16.5.1999

Reprint No 28—1.7.1999

Reprint No 29—25.12.1999

Reprint No 30 —8.6.2000

Reprint No 31—6.7.2000

Reprint No 32—14.8.2000

Reprint No 33—29.10.2000

Reprint No 34—12.4.2001

Reprint No 35—13.1.2002

Reprint No 36—3.2.2002

Reprint No 37—31.10.2002

Reprint No 38—1.12.2002

Reprint No 39—16.1.2003

Reprint No 40—17.6.2003

Reprint No 41—5.7.2003

Reprint No 42—27.7.2003

1.9.2004 (electronic only)