Criminal Code Act 1899

Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime.Maximum penalty—14 years imprisonment.

If the offender enters the dwelling by means of any break, he or she is liable to imprisonment for life.

If—

the offence is committed in the night; or

the offender—

uses or threatens to use actual violence; or

is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or

is in company with 1 or more persons; or

damages, or threatens or attempts to damage, any property;

the offender is liable to imprisonment for life.

If the offender publishes material on a social media platform or an online social network to—

advertise the offender’s involvement in the offence; or

advertise the act or omission constituting the offence;

the offender is liable to imprisonment for 16 years.

Any person who enters or is in the dwelling of another and commits an indictable offence in the dwelling commits a crime.Maximum penalty—imprisonment for life.

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

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

In this section—advertise means attract the notice and attention of the public or a limited section of the public.material includes an electronic document. sch 1 pt 6 div 1 ch 39 s 419 amd 1976 No. 25 s 8; 1988 No. 88 s 5 sch 2