Criminal Code Act 1899

Any person who is found under any of the circumstances following, that is to say—

being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein;

having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421;

having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking;

having in the person’s possession by day any such instrument with intent to commit an indictable offence;

having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence;

is guilty of a crime, and is liable to imprisonment for 3 years.

If the offender has been previously convicted of a crime relating to property, the offender is liable to imprisonment for 7 years. sch 1 pt 6 div 1 ch 39 s 425 amd 1976 No. 25 s 10; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 74