Crimes Act 1900

This Act is the Crimes Act 1900.

The provisions of this Act, so far as they can be applied, shall be in force with respect to all offences, whether at common law or by statute, whensoever committed and in whatsoever court tried.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

For this Act, a firearm, airgun or air pistol that is unlawfully presented at a person is taken, unless the contrary is proved, to be loaded arms.

In a provision of this Act relating to an offence, a reference to the jury is, if a person charged with the offence is dealt with summarily, a reference to the magistrate.

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 26A (Assault of frontline community service provider)

 s 28AA (Food or drink spiking)

 s 28A (Throwing etc objects at vehicles)

 s 28B (Discharging firearm at building or conveyance)

 s 29A (Driving motor vehicle at police)

 s 29B (Damaging police vehicle)

 s 35A (Affray)

 s 36A (Abuse of vulnerable person)

 s 36B (Failure to protect vulnerable person from criminal offence)

 s 36C (Neglect of vulnerable person)

 s 55A (Sexual intercourse with young person under special care)

 s 61A (Act of indecency with young person under special care)

 s 61B (Intimate observations or capturing visual data etc)

 s 63A (Bestiality)

 s 64 (Using child for production of child exploitation material etc)

 s 64A (Trading in child exploitation material)

 s 65 (Possessing child exploitation material)

 s 72C (Non-consensual distribution of intimate images)

 s 72D (Distribution of intimate image of young person)

 s 72E (Threaten to capture or distribute intimate images)

 s 72H (Court may order rectification)

 s 114B (Money laundering)

 s 114C (Possession etc of property suspected of being proceeds of crime)

 s 114D (1) (Organised fraud)

 s 119 (Defacing premises)

 s 120 (Defacing premises––strict liability)

 s 171 (Prescribing and supplying anabolic steroids)

 s 172 (Possessing anabolic steroids)

 s 173 (Administering anabolic steroids)

 s 252ZA (Premises must not be fortified)

 s 252ZB (Fortification must not be replaced or restored)

 s 393A (Urinating in public place)

 s 394 (Noise abatement directions)

 s 439 (Offence of criminal defamation).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 The Criminal Code, ch 2 (other than the applied provisions) also applies to an offence mentioned in s 72AA (1) if the chapter applied to the offence before the commencement of s 72AA (see s 72AA (4) (b)).

Note 3 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

If, by this or any other Act, any offence, conduct, or language, in a public place, or open and public place, or place of public resort, is made punishable, or a person guilty thereof is made liable by apprehension, the place shall be deemed public for the purposes of the enactment or taken to be otherwise within its meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private, was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.

All distinctions between felony and misdemeanour are abolished.

Part 2 Offences against the person

In this part:

aggravated offence—

for an offence committed against a pregnant person—see section 48A (2); and

for an offence involving family violence—see section 48C (2).

For this part, a child shall be taken to have been born alive if he or she has breathed and has been wholly born, whether or not he or she has had an independent circulation.

Any rule of law that a death which occurs more than a year and a day after the injury that caused it is to be conclusively presumed not to have been caused by the injury, is abolished.

This section does not apply in respect of an injury received before the commencement of this section.