Criminal Law Consolidation Act 1935



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Part 5A—Identity theft

144A—Interpretation

In this Part—

criminal purpose means the purpose of committing, or facilitating the commission of, an offence;

digital signature means encrypted electronic or computer data intended for the exclusive use of a particular person as a means of identifying himself or herself as the sender of an electronic communication;

electronic communication means a communication transmitted in the form of electronic or computer data;

false identity—a person assumes a false identity if the person pretends to be, or passes himself or herself off as, some other person;

The other person may be—

(a) living or dead;

(b) real or fictional;

(c) natural or corporate.

personal identification information—a person's personal identification information is information used to identify the person, and includes—

(a) in the case of a natural person—

(i) information about the person such as his or her name, address, date or place of birth, marital status, relatives and so on;

(ii) the person's driver's licence or driver's licence number;

(iii) the person's passport or passport number;

(iv) biometric data relating to the person;

(v) the person's voice print;

(vi) the person's credit or debit card, its number, and data stored or encrypted on it;

(vii) any means commonly used by the person to identify himself or herself (including a digital signature);

(viii) a series of numbers or letters (or a combination of both) intended for use as a means of personal identification;

(b) in the case of a body corporate—

(i) its name;

(ii) its ABN;

(iii) the number of any bank account established in the body corporate's name or of any credit card issued to the body corporate;



prohibited material means anything (including personal identification information) that enables a person to assume a false identity or to exercise a right of ownership that belongs to someone else to funds, credit, information or any other financial or non financial benefit;

serious criminal offence means—

(a) an indictable offence; or

(b) an offence prescribed by regulation for the purposes of this definition;

voice print means computer data recording the unique characteristics of a person's voice.

144B—False identity etc

(1) A person who—

(a) assumes a false identity; or

(b) falsely pretends—

(i) to have particular qualifications; or

(ii) to have, or to be entitled to act in, a particular capacity,

makes a false pretence to which this section applies.

(2) A person who assumes a false identity makes a false pretence to which this section applies even though the person acts with the consent of the person whose identity is falsely assumed.

(3) A person who makes a false pretence to which this section applies intending, by doing so, to commit, or facilitate the commission of, a serious criminal offence is guilty of an offence and liable to the penalty appropriate to an attempt to commit the serious criminal offence.

144C—Misuse of personal identification information

(1) A person who makes use of another person's personal identification information intending, by doing so, to commit, or facilitate the commission of, a serious criminal offence, is guilty of an offence and liable to the penalty appropriate to an attempt to commit the serious criminal offence.

(2) This section applies irrespective of whether the person whose personal identification information is used—

(a) is living or dead; or

(b) consents to the use of the personal identification information.

144D—Prohibited material

(1) A person who—

(a) produces prohibited material; or

(b) has possession of prohibited material,

intending to use the material, or to enable another person to use the material, for a criminal purpose is guilty of an offence.

Maximum penalty: Imprisonment for 3 years.

(2) A person who sells (or offers for sale) or gives (or offers to give) prohibited material to another person, knowing that the other person is likely to use the material for a criminal purpose is guilty of an offence.

Maximum penalty: Imprisonment for 3 years.

(3) A person who is in possession of equipment for making prohibited material intending to use it to commit an offence against this section is guilty of an offence.

Maximum penalty: Imprisonment for 3 years.

144E—Attempt offence excluded

A person cannot be convicted of an attempt to commit an offence against this Part.

144F—Application of Part

This Part does not apply—

(a) to misrepresentation by a person under the age of 18 years for the purpose of—

(i) obtaining alcohol, tobacco or any other product not lawfully available to persons under the age of 18; or

(ii) gaining entry to premises to which access is not ordinarily allowed to persons under the age of 18; or

(b) to any thing done by a person under that age to facilitate such a misrepresentation.

Part 6—Secret commissions

Division 1—Preliminary

145—Interpretation

(1) In this Part—

benefit includes an indirect benefit;

indirect benefit—a benefit given or offered by a person (A) to another person (B) is taken to be an indirect benefit to a third person (C) if it is given or offered with the intention of influencing C and C, knowing of A's intention, acquiesces in A's act;

public agency means—

(a) the police force; or

(b) a department or administrative unit of the public service; or

(c) any other agency or instrumentality of the State; or

(d) a body that is subject to control or direction by a Minister, agency or instrumentality of the State; or

(e) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister, agency or instrumentality of the State; or

(f) a local government body;

public officer means a member, officer or employee of a public agency.

(2) A person, who works for a public agency by agreement between the person's employer and the public agency or an authority responsible for staffing the public agency, is to be regarded, for the purposes of this Part, as an employee of the public agency.



Division 2—Unlawful bias in commercial relationships

146—Fiduciaries

(1) For the purposes of this Part, a person is to be regarded as a fiduciary of another (the principal) if—

(a) the person is an agent of the other (under an express or implied authority to act on behalf of the other); or

(b) the person is an employee of the other; or

(c) the person is a public officer and the other is the public agency of which the person is a member or for which the person acts; or

(d) the person is a partner and the other is another partner in the same partnership; or

(e) the person is an officer of a body corporate and the other is the body corporate; or

(f) the person is a lawyer and the other is a client; or

(g) the person is engaged on a commercial basis to provide advice or recommendations to the other on—

(i) investment; or

(ii) business management; or

(iii) the sale or purchase of a business or real or personal property; or

(h) the person is engaged on a commercial basis to provide advice or recommendations to the other on any other subject and the terms or circumstances of the engagement are such that the other (that is, the principal) is reasonably entitled to expect—

(i) that the advice or recommendations will be disinterested; or

(ii) that, if a possible conflict of interest exists, it will be disclosed.

(2) A reference to a fiduciary extends to a person who is to become one.

147—Exercise of fiduciary functions

A fiduciary exercises a fiduciary function if the fiduciary—

(a) exercises or intentionally refrains from exercising a power or function in the affairs of the principal; or

(b) gives or intentionally refrains from giving advice, or makes or intentionally refrains from making a recommendation, to the principal; or

(c) exercises an influence that the fiduciary has because of the fiduciary's position as such over the principal or in the affairs of the principal.

148—Unlawful bias

(1) A fiduciary exercises an unlawful bias if—

(a) the fiduciary—

(i) has received or expects to receive a benefit from a third party for exercising a fiduciary function in a particular way; and

(ii) exercises a fiduciary function in the relevant way without appropriate disclosure of the benefit or expected benefit; and

(b) the fiduciary's failure to make appropriate disclosure of the benefit or expected benefit is intentional or reckless.

(2) A fiduciary makes appropriate disclosure of a benefit or expected benefit if the fiduciary discloses to the principal—

(a) the nature and value (or approximate value) of the benefit; and

(b) the identity of the third party from whom the benefit has been, or is to be, received.

149—Offence for fiduciary to exercise unlawful bias

A fiduciary who exercises an unlawful bias is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

150—Bribery

(1) A person who bribes a fiduciary to exercise an unlawful bias is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

(2) A person bribes a fiduciary to exercise an unlawful bias if the person—

(a) gives or offers to give a benefit intending that the fiduciary will, in return for the benefit, exercise a fiduciary function in a particular way; and

(b) knows or believes that the fiduciary will not make an appropriate disclosure of the benefit or expected benefit to the principal or is reckless as to whether or not the fiduciary will make such a disclosure.

(3) A fiduciary who accepts a bribe to exercise an unlawful bias is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

(4) A fiduciary accepts a bribe to exercise an unlawful bias if—

(a) a person gives or offers to give a benefit intending that the fiduciary will, in return for the benefit, exercise a fiduciary function in a particular way; and

(b) the fiduciary accepts the benefit or the offer—

(i) intending not to disclose the benefit or expected benefit to the principal; or

(ii) later forms the intention not to disclose it to the principal.

(5) This section applies even though the relevant fiduciary relationship had not been formed when the benefit was given or offered if, at the relevant time, the fiduciary and the person who gave or offered to give the benefit anticipated the formation of the relevant fiduciary relationship or the formation of fiduciary relationships of the relevant kind.



Division 3—Exclusion of defence

151—Exclusion of defence

It is not a defence to a charge of an offence against this Part to establish that the provision or acceptance of benefits of the kind to which the charge relates is customary in a trade or business in which the fiduciary or the person giving or offering the benefit was engaged.


Part 6A—Serious criminal trespass

167—Sacrilege

A person who—

(a) breaks and enters a place of divine worship and commits an offence to which this section applies1 in that place; or

(b) breaks out of a place of divine worship after committing an offence to which this section applies1 in that place,

is guilty of sacrilege and liable to be imprisoned for life.



Note—

1 ie theft or an offence of which theft is an element; an offence against the person; or an offence involving interference with, damage to, or destruction of, property punishable by imprisonment for 3 years or more.

168—Serious criminal trespass

(1) For the purposes of this Act, a person commits a serious criminal trespass if the person enters or remains in a place (other than a place that is open to the public) as a trespasser with the intention of committing an offence to which this section applies1.

(2) A place is to be regarded as open to the public if the public is admitted even though—

(a) a charge is made for admission; or

(b) the occupier limits the purposes for which a person may enter or remain in the place by express or implied terms of a public invitation.

(3) A person who enters or remains in a place with the consent of the occupier is not to be regarded as a trespasser unless that consent was obtained by—

(a) force; or

(b) a threat; or

(c) an act of deception.

(4) A reference in this section to the occupier of a place extends to any person entitled to control access to the place.



Note—

1 ie theft or an offence of which theft is an element; an offence against the person; or an offence involving interference with, damage to, or destruction of property punishable by imprisonment for 3 years or more.

169—Serious criminal trespass—non-residential buildings

(1) A person who commits a serious criminal trespass in a non-residential building is guilty of an offence.

Maximum penalty:

(a) for a basic offence—imprisonment for 10 years;

(b) for an aggravated offence—imprisonment for 20 years.

(3) In this section—



non-residential building means a building or part of a building that is not a place of residence.

170—Serious criminal trespass—places of residence

(1) A person who commits a serious criminal trespass in a place of residence is guilty of an offence.

Maximum penalty:

(a) for a basic offence—imprisonment for 15 years;

(b) for an aggravated offence—imprisonment for life.

(2) A person who commits a serious criminal trespass in a place of residence is guilty of an aggravated offence if—

(a) any of the factors that generally give rise to aggravation of an offence are applicable;1 or

(b) another person is lawfully present in the place of residence when the offence is committed and the offender knows of the other's presence or is reckless about whether anyone is in the place.

(3) In this section—



place of residence means a building, structure, vehicle or vessel, or part of a building, structure, vehicle or vessel, used as a place of residence.

Note—

1 See section 5AA.

170A—Criminal trespass—places of residence

(1) A person who trespasses in a place of residence is guilty of an offence if another person is lawfully present in the place and the person knows of the other's presence or is reckless about whether anyone is in the place.

Maximum penalty:

(a) for a basic offence—imprisonment for 3 years;

(b) for an aggravated offence—imprisonment for 5 years.

(2) In this section—



place of residence means a building, structure, vehicle or vessel, or part of a building, structure, vehicle or vessel, used as a place of residence.

Part 6B—Blackmail

171—Interpretation

(1) In this Part—



demand includes an implied demand;

harm means—

(a) physical or mental harm (including humiliation or serious embarrassment); or

(b) harm to a person's property (including economic harm);

menace—a person who makes a threat menaces the person to whom the threat is addressed (the victim) if—

(a) the threat is a threat of harm to the victim or a third person (to be inflicted by the person making the threat or someone else); and

(b) the threat is unwarranted; and

(c) either—

(i) the threat would be taken seriously by a reasonable person of normal stability and courage; or

(ii) the victim in fact takes the threat seriously because of a particular vulnerability known to the person making the threat;



serious offence means an offence punishable by imprisonment;

threat includes an implied threat but, unless the threat is a threat of violence, does not include a threat made in the course of, or incidentally to—

(a) collective bargaining; or

(b) negotiations to secure a political or industrial advantage;

unwarranted—a threat is unwarranted if—

(a) the carrying out of the threat would (if it were carried out in the State) constitute a serious offence; or

(b) the making of the threat is, in the circumstances in which it is made—

(i) improper according to the standards of ordinary people; and

(ii) known by the person making the threat to be improper according to the standards of ordinary people.

(2) The question whether a defendant's conduct was improper according to the standards of ordinary people is a question of fact to be decided according to the jury's own knowledge and experience and not on the basis of evidence of those standards.

172—Blackmail

(1) A person who menaces another intending to get the other to submit to a demand is guilty of blackmail.

Maximum penalty: Imprisonment for 15 years.

(2) The object of the demand is irrelevant.



Examples—

1 The person who makes the demand may be demanding marriage or access to children.

2 The person who makes the demand may be seeking to influence the performance of a public duty.

Part 6C—Piracy

173—Interpretation

(1) A person commits an act of piracy if—

(a) the person, acting without reasonable excuse, takes control of a ship, while it is in the course of a voyage, from the person lawfully in charge of it; or

(b) the person, acting without reasonable excuse, commits an act of violence against the captain or a member of the crew of a ship, while it is in the course of a voyage, in order to take control of the ship from the person lawfully in charge of it; or

(c) the person, acting without reasonable excuse, boards a ship, while it is in the course of a voyage, in order to—

(i) take control of the ship from the person lawfully in charge of it; or

(ii) endanger the ship; or

(iii) steal or damage the ship's cargo; or

(d) the person boards a ship, while it is in the course of a voyage, in order to commit robbery or any other act of violence against a passenger or a member of the crew.

(2) A person takes control of a ship from another if the person compels the other to navigate the ship in accordance with the person's directions.

174—Piracy

A person who commits an act of piracy is guilty of an offence.

Maximum penalty: Imprisonment for life.

Part 7—Offences of a public nature

Division 1—Preliminary

237—Definitions

In this Part—

judicial body means a court or any tribunal, body or person invested by law with judicial or quasi-judicial powers, or with authority to make any inquiry or to receive evidence;

judicial officer means a person who alone or with others constitutes a judicial body;

judicial proceedings means proceedings of any judicial body;

public officer includes—

(a) a person appointed to public office by the Governor; or

(b) a judicial officer; or

(c) a member of Parliament; or

(d) a person employed in the Public Service of the State; or

(e) a member of the police force; or

(f) any other officer or employee of the Crown; or

(g) a member of a State instrumentality or of the governing body of a State instrumentality or an officer or employee of a State instrumentality; or

(h) a member of a local government body or an officer or employee of a local government body; or

(i) a person who personally performs work for the Crown, a State instrumentality or a local government body as a contractor or as an employee of a contractor or otherwise directly or indirectly on behalf of a contractor,

and public office has a corresponding meaning;

State instrumentality means an agency or instrumentality of the Crown or any body (whether or not incorporated) that is established by or under an Act and—

(a) is comprised of persons, or has a governing body comprised of persons, a majority of whom are appointed by the Governor, a Minister or an agency or instrumentality of the Crown; or

(b) is subject to control or direction by a Minister.

238—Acting improperly

(1) For the purposes of this Part, a public officer acts improperly, or a person acts improperly in relation to a public officer or public office, if the officer or person knowingly or recklessly acts contrary to the standards of propriety generally and reasonably expected by ordinary decent members of the community to be observed by public officers of the relevant kind, or by others in relation to public officers or public offices of the relevant kind.

(2) A person will not be taken to have acted improperly for the purposes of this Part unless the person's act was such that in the circumstances of the case the imposition of a criminal sanction is warranted.

(3) Without limiting the effect of subsection (2), a person will not be taken to have acted improperly for the purposes of this Part if—

(a) the person acted in the honest and reasonable belief that he or she was lawfully entitled to act in the relevant manner; or

(b) there was lawful authority or a reasonable excuse for the act; or

(c) the act was of a trivial character and caused no significant detriment to the public interest.

(4) In this section—

act includes omission or refusal or failure to act;

public officer includes a former public officer.

239—General attempt offence excluded

A person may not be charged with or found guilty of an offence of attempting to commit an offence against this Part.

240—Parliamentary privilege not affected

Nothing in this Part derogates from Parliamentary privilege.


Division 2—Impeding investigation of offences or assisting offenders

241—Impeding investigation of offences or assisting offenders

(1) Subject to subsection (2), a person (the accessory) who, knowing or believing that another person (the principal offender) has committed an offence, does an act with the intention of—

(a) impeding investigation of the offence; or

(b) assisting the principal offender to escape apprehension or prosecution or to dispose of proceeds of the offence,

is guilty of an offence.

(2) An accessory is not guilty of an offence against subsection (1)—

(a) unless it is established that the principal offender committed—

(i) the offence that the accessory knew or believed the principal offender to have committed; or

(ii) some other offence committed in the same, or partly in the same, circumstances; or

(b) if there is lawful authority or a reasonable excuse for the accessory's action.

(3) Subject to subsection (4), the penalty for an offence against subsection (1) is—

(a) where the maximum penalty for the offence established as having been committed by the principal offender is imprisonment for life—imprisonment for a term not exceeding 10 years;

(b) where the maximum penalty for that offence is imprisonment for a term of 10 years or more (but not for life)—imprisonment for a term not exceeding 7 years;

(c) where the maximum penalty for that offence is imprisonment for a term of 7 years or more but less than 10 years—imprisonment for a term not exceeding 4 years;

(d) in any other case—imprisonment for a term not exceeding 2 years or a maximum penalty the same as the maximum penalty for that offence, whichever is the lesser.

(4) Where the offence established as having been committed by the principal offender is not the offence that the accessory knew or believed the principal offender to have committed, the penalty for an offence against subsection (1) is whichever is the lesser of—

(a) the penalty applicable under subsection (3); or

(b) the penalty that would be applicable under subsection (3) if the offence that the accessory knew or believed the principal offender to have committed were the offence established as having been committed by the principal offender.

(5) Where—

(a) a person charged with an offence as a principal offender is found not guilty of the offence charged; but

(b) the court is satisfied that another person was guilty of the offence charged (or some other offence of which the accused might on the charge be found guilty),

the court may, if satisfied that the accused is guilty of an offence against subsection (1) as an accessory in relation to the offence charged (or that other offence), find the accused guilty of an offence against subsection (1).

(6) An accessory may be found guilty of an offence against this section whether committed within or outside this State if a court of this State has jurisdiction to deal with the principal offender.



Division 3—Offences relating to judicial proceedings

242—Perjury and subornation

(1) A person who makes a false statement under oath is guilty of perjury.

Penalty: Imprisonment for 7 years.

(2) A person who counsels, procures, induces, aids or abets another to make a false statement under oath is guilty of subornation of perjury.

Penalty: Imprisonment for 7 years.

(3) In proceedings on a charge of perjury or subornation of perjury, an apparently genuine document that appears to be a transcript of evidence given in other judicial proceedings is to be accepted as evidence—

(a) of the evidence given in those other proceedings; and

(b) where evidence appears from the transcripts to have been given by a particular person—that it was so given; and

(c) where evidence appears from the transcript to have been given under oath—that it was so given.

(4) It is not necessary for the conviction of a person for perjury or subornation of perjury that evidence of the perjury be corroborated.

(5) For the purposes of this section—

(a) oath includes an affirmation;

statement includes an interpretation by an interpreter; and

(b) a statement will be taken to be false if it is false in a material particular and—

(i) in the case of perjury—the person by whom it was made knew it to be false or did not believe it to be true; or

(ii) in the case of subornation of perjury—the person who counselled, procured, induced, aided or abetted the other person to make the statement knew it to be false or did not believe it to be true.

243—Fabricating, altering or concealing evidence

A person who—

(a) fabricates evidence or alters, conceals or destroys anything that may be required in evidence at judicial proceedings; or

(b) uses any evidence or thing knowing it to have been fabricated or altered,

with the intention of—

(c) influencing a decision by a person whether or not to institute judicial proceedings; or

(d) influencing the outcome of judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time),

is guilty of an offence.

Penalty: Imprisonment for 7 years.

244—Offences relating to witnesses

(1) Subject to this section, a person who gives, offers or agrees to give a benefit to another person who is or may be required to be a witness in judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time) or to a third person as a reward or inducement for the other person's—

(a) not attending as a witness at, giving evidence at or producing a thing in evidence at the proceedings; or

(b) withholding evidence or giving false evidence at the proceedings,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) Subject to this section, a person, who is or may be required to be a witness at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time), who seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) as a reward or inducement for—

(a) not attending as a witness at, giving evidence at or producing a thing in evidence at the proceedings; or

(b) withholding evidence or giving false evidence at the proceedings,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(3) Subject to this section, a person who prevents or dissuades, or attempts to prevent or dissuade, another person from—

(a) attending as a witness at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time); or

(b) giving evidence at, or producing a thing in evidence at, such proceedings,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(4) A person is not guilty of an offence against subsection (3) unless the person knows that, or is recklessly indifferent as to whether, the other person is or may be required to be a witness or to produce a thing in evidence at the proceedings.

(5) A person who does an act with the intention of deceiving another person in any way in order to affect the evidence of the other person at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time) is guilty of an offence.

Penalty: Imprisonment for 7 years.

(6) A person is not guilty of an offence against this section if there is lawful authority or a reasonable excuse for his or her action.

245—Offences relating to jurors

(1) A person who gives, offers or agrees to give a benefit to another person who is or is to be a juror or to a third person as a reward or inducement for the other person's—

(a) not attending as a juror; or

(b) acting or not acting as a juror in a way that might influence the outcome of judicial proceedings,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) A person, who is or is to be a juror, who seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) as a reward or inducement for—

(a) not attending as a juror; or

(b) acting or not acting as a juror in a way that might influence the outcome of judicial proceedings,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(3) Subject to this section, a person who prevents or dissuades, or attempts to prevent or dissuade, another person from attending as a juror at judicial proceedings is guilty of an offence.

Penalty: Imprisonment for 7 years.

(4) A person is not guilty of an offence against subsection (3)—

(a) unless the person knows that, or is recklessly indifferent as to whether, the other person is or may be required to attend as a juror at the proceedings; or

(b) if there is lawful authority or a reasonable excuse for his or her action.

(5) A person who—

(a) takes an oath as a member of a jury in proceedings knowing that he or she has not been selected to be a member of the jury; or

(b) takes the place of a member of a jury in proceedings knowing that he or she is not a member of the jury,

is guilty of an offence.

Penalty:

(a) if the person acted with the intention of influencing the outcome of the proceedings—imprisonment for 7 years;

(b) in any other case—imprisonment for 2 years.

246—Confidentiality of jury deliberations and identities

(1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the State, the Commonwealth, a Territory or another State whether instituted before or after the commencement of this section.

(2) A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published.

Penalty:

In the case of a body corporate—$25 000.

In any other case—$10 000 or imprisonment for 2 years.

(3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information.

Penalty:

In the case of a body corporate—$25 000.

In any other case—$10 000 or imprisonment for 2 years.

(4) A person must not publish protected information.

Penalty:

In the case of a body corporate—$25 000.

In any other case—$10 000 or imprisonment for 2 years.

(5) Subsection (2) does not prohibit disclosing protected information—

(a) to a court; or

(b) to a Royal Commission; or

(c) to the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the police force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity; or

(d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or

(e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service.

(6) Subsection (3) does not prohibit soliciting or obtaining protected information—

(a) in the course of proceedings in a court; or

(b) by a Royal Commission; or

(c) by the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the police force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity; or

(d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service.

(7) Subsection (4) does not prohibit publishing protected information—

(a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or

(b) as part of a fair and accurate report of—

(i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations or a juror's identity; or

(ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or

(iii) if the protected information relates to jury deliberations—proceedings by way of appeal from the proceedings in the course of which the deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal.

(8) This section does not prohibit a person—

(a) during the course of proceedings, publishing or otherwise disclosing, with the permission of the court or otherwise with lawful excuse, information that identifies, or is likely to identify, the person or another person as, or as having been, a juror in the proceedings; or

(b) after proceedings have been completed, publishing or otherwise disclosing—

(i) information that identifies, or is likely to identify, the person as, or as having been, a juror in the proceedings; or

(ii) information that identifies, or is likely to identify, another person as, or as having been, a juror in the proceedings if the other person has consented to the publication or disclosure of that information.

(9) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public.

(10) Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions.

(11) In this section—

protected information means—

(a) particulars of statements made, opinions expressed, arguments advanced and votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court; or

(b) information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings;

publish, in relation to protected information, means communicate or disseminate the information in such a way or to such an extent that it is available to, or likely to come to the notice of, the public or a section of the public.

247—Harassment to obtain information about jury's deliberations

(1) A person who harasses a juror or former juror for the purpose of obtaining information about the deliberations of a jury is guilty of an offence.

Penalty:

In the case of a body corporate—$25 000.

In any other case—$10 000 or imprisonment for 2 years.

(3) For the purposes of this section, the deliberations of a jury include statements made, opinions expressed, arguments advanced or votes cast by members of the jury in the course of their deliberations.

248—Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings

(1) A person who—

(a) stalks another person; or

(b) causes or procures, or threatens or attempts to cause or procure, any physical injury to a person or property,

with the intention of inducing a person who is or may be involved in a criminal investigation or judicial proceedings, to act or not to act in a way that might influence the outcome of the investigation or proceedings, is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) A person who—

(a) stalks another person; or

(b) causes or procures, or threatens or attempts to cause or procure, any physical injury to a person or property,

on account of anything said or done by a person involved in a criminal investigation or judicial proceedings in good faith in the conduct of the investigation or proceedings, is guilty of an offence.

Penalty: Imprisonment for 7 years.

(3) For the purposes of this section, a person stalks another if the person does any of the following, in a manner that could reasonably be expected to arouse the other person's apprehension or fear:

(a) follows the other person; or

(b) loiters outside the place of residence of the other person or some other place frequented by the other person; or

(c) enters or interferes with property in the possession of the other person; or

(d) gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or

(e) publishes or transmits offensive material by means of the Internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the other person; or

(f) communicates with the other person, or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the Internet or some other form of electronic communication; or

(g) keeps the other person under surveillance; or

(h) acts in any other way.

(4) For the purposes of this section—

(a) a person is involved in a criminal investigation if the person is involved in such an investigation as a witness, victim or legal practitioner or is otherwise assisting police with their inquiries; and

(b) a person is involved in judicial proceedings if the person is—

(i) a judicial officer or other officer at judicial proceedings; or

(ii) involved in such proceedings as a witness, juror or legal practitioner,

whether the proceedings are in progress or are proceedings that are to be or may be instituted at a later time.


Division 4—Offences relating to public officers

249—Bribery or corruption of public officers

(1) A person who improperly gives, offers or agrees to give a benefit to a public officer or former public officer or to a third person as a reward or inducement for—

(a) an act done or to be done, or an omission made or to be made, by the public officer or former public officer in his or her official capacity; or

(b) the exercise of power or influence that the public officer or former public officer has or had, or purports or purported to have, by virtue of his or her office,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) A public officer or former public officer who improperly seeks, accepts or agrees to accept a benefit from another person (whether for himself or herself or for a third person) as a reward or inducement for—

(a) an act done or to be done, or an omission made or to be made, in his or her official capacity; or

(b) the exercise of power or influence that the public officer or former public officer has or had, or purports or purported to have, by virtue of his or her office,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(3) In proceedings for an offence against this section, the court must, in determining whether the accused acted improperly in relation to a benefit, take into account any public disclosure of the benefit made by or with the approval of the accused, or any disclosure of the benefit made to a proper authority by or with the approval of the accused.

250—Threats or reprisals against public officers

(1) A person who—

(a) stalks another person; or

(b) causes or procures, or threatens or attempts to cause or procure, any physical injury to a person or property,

with the intention of influencing the manner in which a public officer discharges or performs his or her official duties or functions, is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) A person who—

(a) stalks another person; or

(b) causes or procures, or threatens or attempts to cause or procure, any physical injury to a person or property,

on account of anything said or done by a public officer in good faith in the discharge or performance or purported discharge or performance of his or her official duties or functions, is guilty of an offence.

Penalty: Imprisonment for 7 years.

(3) For the purposes of this section, a person stalks another if the person does any of the following, in a manner that could reasonably be expected to arouse the other person's apprehension or fear:

(a) follows the other person; or

(b) loiters outside the place of residence of the other person or some other place frequented by the other person; or

(c) enters or interferes with property in the possession of the other person; or

(d) gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or

(e) publishes or transmits offensive material by means of the Internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the other person; or

(f) communicates with the other person, or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the Internet or some other form of electronic communication; or

(g) keeps the other person under surveillance; or

(h) acts in any other way.

251—Abuse of public office

(1) A public officer who improperly—

(a) exercises power or influence that the public officer has by virtue of his or her public office; or

(b) refuses or fails to discharge or perform an official duty or function; or

(c) uses information that the public officer has gained by virtue of his or her public office,

with the intention of—

(d) securing a benefit for himself or herself or for another person; or

(e) causing injury or detriment to another person,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) A former public officer who improperly uses information that he or she gained by virtue of his or her public office with the intention of—

(a) securing a benefit for himself or herself or for another person; or

(b) causing injury or detriment to another person,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

252—Demanding or requiring benefit on basis of public office

(1) A person who—

(a) demands or requires from another person a benefit (whether for himself or herself or for a third person); and

(b) in making the demand or requirement—

(i) suggests or implies that it should be complied with because the person holds a public office (whether or not the person in fact holds that office); and

(ii) knows that there is no legal entitlement to the benefit,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) Subsection (1) does not apply to a demand made by a public officer to a proper authority in relation to the officer's remuneration or conditions of appointment or employment.

253—Offences relating to appointment to public office

(1) A person who improperly—

(a) gives, offers or agrees to give a benefit to another in connection with the appointment or possible appointment of a person to a public office; or

(b) seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) on account of an act done or to be done with regard to the appointment or possible appointment of a person to a public office,

is guilty of an offence.

Penalty: Imprisonment for 4 years.

(2) In subsection (1)—



benefit does not include—

(a) salary or allowances payable in the ordinary course of business or employment; or

(b) fees or other remuneration paid to a person for services provided to another person in the ordinary course of business or employment in consideration for assistance provided to the other person in qualifying for, preparing an application for or determining suitability for such an appointment.


Division 5—Escape, rescue and harbouring of persons subject to detention

254—Escape or removal from lawful custody

(1) Subject to this section, a person subject to lawful detention who—

(a) escapes, or attempts to escape, from custody; or

(b) remains unlawfully at large,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(2) A child is not guilty of an offence against subsection (1) in respect of an act or omission that constitutes an offence against section 48 of the Young Offenders Act 1993.

(2a) A term of imprisonment to which a person is sentenced for an offence against subsection (1) is cumulative on any other term of imprisonment or detention in a training centre that the person is liable to serve.

(3) A person who, knowing that, or being recklessly indifferent as to whether, another person is subject to lawful detention—

(a) assists in the escape or attempted escape of the other person from custody; or

(b) without lawful authority, removes, or attempts to remove, the other person from custody,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(4) A person having custody or authority in respect of another person subject to lawful detention who, knowing that, or being recklessly indifferent as to whether, there is no legal authority to do so—

(a) releases or procures the release of, or attempts to release or procure the release of, the other person from custody; or

(b) permits the other person to escape from custody,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

255—Harbouring or employing escapee etc

A person who, knowing that, or being recklessly indifferent as to whether, another person has escaped from custody or is otherwise unlawfully at large—

(a) harbours or employs the other person; or

(b) assists the other person to remain unlawfully at large,

is guilty of an offence.

Penalty: Imprisonment for 4 years.


Division 6—Attempt to obstruct or pervert course of justice or due administration of law

256—Attempt to obstruct or pervert course of justice or due administration of law

(1) A person who attempts to obstruct or pervert the course of justice or the due administration of the law in a manner not otherwise dealt with in the preceding provisions of this Part is guilty of an offence.

Penalty: Imprisonment for 4 years.

(2) Where—

(a) a person charged with an offence against any of the preceding provisions of this Part is found not guilty of the offence charged; but

(b) the court is satisfied that the accused is guilty of an offence against subsection (1),

the court may, if the maximum penalty prescribed for an offence against subsection (1) is the same as or less than the maximum penalty prescribed for the offence charged, find the accused guilty of an offence against subsection (1).



Division 7—Criminal defamation

257—Criminal defamation

(1) A person who, without lawful excuse, publishes defamatory matter concerning another living person—

(a) knowing the matter to be false or being recklessly indifferent as to whether the matter is true or false; and

(b) intending to cause serious harm, or being recklessly indifferent as to whether the publication of the defamatory matter will cause serious harm, to a person (whether the person defamed or not),

is guilty of an offence.

Penalty: Imprisonment for 3 years.

(2) A person charged with an offence against this section has a lawful excuse for the publication of the defamatory matter concerning the other person if the person charged would, having regard only to the circumstances happening before or at the time of the publication, have a defence to an action for damages for defamation if such an action were instituted against him or her by the other person in respect of the publication of the defamatory matter.

(3) On a trial before a jury of an information for an offence against this section—

(a) the question whether the matter published is capable of bearing a defamatory meaning is a question for determination by the judge; and

(b) the question whether the matter published does bear a defamatory meaning is a matter for the jury; and

(c) the jury may give a general verdict of guilty or not guilty on the issues as a whole.

(4) Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions.

(5) In any proceedings for an offence against this section, a certificate apparently signed by the Director of Public Prosecutions certifying his or her consent to the proceedings is, in the absence of proof to the contrary, to be accepted as proof of the Director's consent.



Division 8—Offences limited in relation to industrial disputes and restraint of trade

258—Offences limited in relation to industrial disputes and restraint of trade

(1) An agreement or combination by two or more persons to do, or procure to be done, an act in contemplation or furtherance of an industrial dispute as defined in the Industrial Relations Act (S.A.) 1972 is not punishable as a conspiracy unless the act, if committed by one person, would be punishable as an indictable offence.

(2) No person is liable to any punishment for doing, or conspiring to do, an act on the ground that the act restrains, or tends to restrain, the free course of trade unless the act constitutes an offence against this Act.






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