Criminal Code Act 1899

A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an assault.

In this section—applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.sch 1 pt 5 ch 26 s 245 amd 1946 11 Geo 6 No. 6 s 5; 1989 No. 17 s 24246Assaults unlawful

An assault is unlawful and constitutes an offence unless it is authorised or justified or excused by law.

The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person.247Execution of sentenceIt is lawful for a person who is charged by law with the duty of executing or giving effect to the lawful sentence of a court to execute or give effect to that sentence.248Execution of processIt is lawful for a person who is charged by law with the duty of executing the lawful process of a court, and who is required to arrest or detain another person under such process, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the terms of the process.249Execution of warrantsIt is lawful for a person who is charged by law with the duty of executing a lawful warrant issued by any court or justice or other person having jurisdiction to issue it, and who is required to arrest or detain another person under such warrant, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the directions of the warrant.250Erroneous sentence or process or warrantIf the sentence was passed, or the process was issued, by a court having jurisdiction under any circumstances to pass such a sentence or to issue such process, or if the warrant was issued by a court or justice or other person having authority under any circumstances to issue such a warrant, it is immaterial whether the court or justice or person had or had not authority to pass the sentence or issue the process or warrant in the particular case; unless the person executing the same knows that the sentence or process or warrant was in fact passed or issued without authority.251Sentence or process or warrant without jurisdictionA person who executes or assists in executing any sentence, process, or warrant, which purports to be passed or issued by a court, justice, or other person, and who would be justified, under the provisions of sections 247 to 250, in executing the same if it had been passed or issued by a court, justice, or person having authority to pass or issue it, is not criminally responsible for any act done in such execution, notwithstanding that the court, justice, or person, had no authority to pass the sentence or issue the process or warrant, if in such execution the person acted in good faith and in the belief that the sentence, process, or warrant, was that of a court, justice, or other person, having such authority.252Arrest of wrong person

A person who, being duly authorised to execute a warrant to arrest one person, arrests another person, believing in good faith and on reasonable grounds that the person arrested is the person named in the warrant, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.

Any person who lawfully assists in making such an arrest, believing that the person arrested is the person named in the warrant, or who, being required by the warrant to receive and detain the person named in it, receives and detains the person so arrested, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.253Irregular process or warrantWhen any process or warrant is bad in law by reason of some defect in substance or in form apparent on the face of it, a person who, in good faith and believing that it is good in law, acts in the execution of the process or warrant, is not criminally responsible for anything done in such execution to any greater extent than if the process or warrant were good in law.254Force used in executing process or in arrestIt is lawful for a person who is engaged in the lawful execution of any sentence, process, or warrant, or in making any arrest, and for any person lawfully assisting the person, to use such force as may be reasonably necessary to overcome any force used in resisting such execution or arrest.255Duty of persons arresting

It is the duty of a person executing any process or warrant to have it with him or her, if reasonably practicable, and to produce it if required.

It is the duty of a person arresting another, whether with or without warrant, to give notice, if practicable, of the process or warrant under which the person is acting or of the cause of the arrest.

A failure to fulfil either of the aforesaid duties does not of itself make the execution of the process or warrant or the arrest unlawful, but is relevant to the inquiry whether the process or warrant might not have been executed or the arrest made by reasonable means in a less forcible manner.sch 1 pt 5 ch 26 s 255 amd 2000 No. 5 s 373 sch 2256sch 1 pt 5 ch 26 s 256 amd 1922 13 Geo 5 No. 2 s 3

om 2000 No. 5 s 373 sch 2257Other cases of preventing escape from arrest

When a person who is not a police officer is proceeding lawfully to arrest, without warrant, another person for an offence which is such that the offender may be arrested without warrant, and when any person is proceeding lawfully to arrest another person for any cause other than such an offence, and, in either case, the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the person seeking to arrest the other person to use such force as may be reasonably necessary to prevent the other person’s escape.

But this section does not authorise the use of force which is intended or is likely to cause death or grievous bodily harm.258Preventing escape or rescue after arrest

When any person has lawfully arrested another person for any offence, it is lawful for the person to use such force as the person believes, on reasonable grounds, to be necessary to prevent the escape or rescue of the person arrested.

But, if the offence is not a crime which is such that the offender may be arrested without warrant, this section does not authorise the use of force which is intended or is likely to cause death or grievous bodily harm.

This section does not limit the powers a police officer has under the Police Powers and Responsibilities Act 2000.sch 1 pt 5 ch 26 s 258 amd 2000 No. 5 s 461 sch 3259sch 1 pt 5 ch 26 s 259 sub 1989 No. 17 s 25amd 1997 No. 9 s 23om 2000 No. 5 s 373 sch 2260Preventing a breach of the peaceIt is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person into the custody of a police officer.sch 1 pt 5 ch 26 s 260 amd 2000 No. 5 s 373 sch 2; 2000 No. 5 s 461 sch 3261Suppression of riotIt is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportioned to the danger to be apprehended from its continuance.262Suppression of riot by magistratesIt is lawful for a justice to use or order to be used such force as the justice believes, on reasonable grounds, to be necessary in order to suppress a riot, and is reasonably proportioned to the danger which the justice believes, on reasonable grounds, is to be apprehended from its continuance.sch 1 pt 5 ch 26 s 262 amd 2000 No. 5 s 373 sch 2263Suppression of riot by person acting under lawful orders

It is lawful for any person acting in good faith in obedience to orders, not manifestly unlawful, given by a justice for the suppression of a riot, to use such force as the person believes, on reasonable grounds, to be necessary for carrying such orders into effect.

Whether any particular order so given is or is not manifestly unlawful is a question of law.264Suppression of riot by person acting without order in case of emergencyWhen any person, whether subject to military law or not, believes, on reasonable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of a justice, it is lawful for the person to use such force as the person believes, on reasonable grounds, to be necessary for the suppression of the riot, and as is reasonably proportioned to the danger which the person believes, on reasonable grounds, is to be apprehended from its continuance.265Riot—persons subject to military law

It is lawful for a person who is bound by military law to obey the lawful commands of the person’s superior officer to obey any command given to the person by his or her superior officer in order to the suppression of a riot, unless the command is manifestly unlawful.

Whether any particular command is or is not manifestly unlawful is a question of law.266Prevention of crimes and offences for which an offender may be arrested without warrant—prevention of violence by particular personsIt is lawful for any person to use such force as is reasonably necessary in order to prevent the commission of an offence which is such that the offender may be arrested without warrant; or in order to prevent any act from being done as to which the person believes, on reasonable grounds, that it would, if done, amount to any such offence; or in order to prevent a person whom the person believes, on reasonable grounds, to be an involuntary patient under the Mental Health Act 2016 or a forensic disability client under the Forensic Disability Act 2011 from doing violence to any person or property.sch 1 pt 5 ch 26 s 266 amd 2000 No. 16 s 590 sch 1 pt 2; 2011 No. 13 s 174; 2016 No. 5 s 868267Defence of dwellingIt is lawful for a person who is in peaceable possession of a dwelling, and any person lawfully assisting him or her or acting by his or her authority, to use force to prevent or repel another person from unlawfully entering or remaining in the dwelling, if the person using the force believes on reasonable grounds—

the other person is attempting to enter or to remain in the dwelling with intent to commit an indictable offence in the dwelling; and

it is necessary to use that force.

The term provocation, used with reference to an offence of which an assault is an element, means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under the person’s immediate care, or to whom the person stands in a conjugal, parental, filial, or fraternal, relation, or in the relation of master or servant, to deprive the person of the power of self-control, and to induce the person to assault the person by whom the act or insult is done or offered.

When such an act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give to the latter provocation for an assault.

A lawful act is not provocation to any person for an assault.

An act which a person does in consequence of incitement given by another person in order to induce the person to do the act, and thereby to furnish an excuse for committing an assault, is not provocation to that other person for an assault.

An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.sch 1 pt 5 ch 26 s 268 Note—‘In this section—’ as appearing in all reprints from reprint 1 to reprint 6 was substituted for ‘The term’ under the Reprints Act 1992. The editing was reversed in reprint 7.269Defence of provocation

A person is not criminally responsible for an assault committed upon a person who gives the person provocation for the assault, if the person is in fact deprived by the provocation of the power of self-control, and acts upon it on the sudden and before there is time for the person’s passion to cool, and if the force used is not disproportionate to the provocation and is not intended, and is not such as is likely, to cause death or grievous bodily harm.

Whether any particular act or insult is such as to be likely to deprive an ordinary person of the power of self-control and to induce the ordinary person to assault the person by whom the act or insult is done or offered, and whether, in any particular case, the person provoked was actually deprived by the provocation of the power of self-control, and whether any force used is or is not disproportionate to the provocation, are questions of fact.270Prevention of repetition of insultIt is lawful for any person to use such force as is reasonably necessary to prevent the repetition of an act or insult of such a nature as to be provocation to the person for an assault, if the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.271Self-defence against unprovoked assault

When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for the person to use such force to the assailant as is reasonably necessary to make effectual defence against the assault, if the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

If the nature of the assault is such as to cause reasonable apprehension of death or grievous bodily harm, and the person using force by way of defence believes, on reasonable grounds, that the person can not otherwise preserve the person defended from death or grievous bodily harm, it is lawful for the person to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous bodily harm.272Self-defence against provoked assault

When a person has unlawfully assaulted another or has provoked an assault from another, and that other assaults the person with such violence as to cause reasonable apprehension of death or grievous bodily harm, and to induce the person to believe, on reasonable grounds, that it is necessary for the person’s preservation from death or grievous bodily harm to use force in self-defence, the person is not criminally responsible for using any such force as is reasonably necessary for such preservation, although such force may cause death or grievous bodily harm.

This protection does not extend to a case in which the person using force which causes death or grievous bodily harm first begun the assault with intent to kill or to do grievous bodily harm to some person; nor to a case in which the person using force which causes death or grievous bodily harm endeavoured to kill or to do grievous bodily harm to some person before the necessity of so preserving himself or herself arose; nor, in either case, unless, before such necessity arose, the person using such force declined further conflict, and quitted it or retreated from it as far as was practicable.273Aiding in self-defenceIn any case in which it is lawful for any person to use force of any degree for the purpose of defending himself or herself against an assault, it is lawful for any other person acting in good faith in the first person’s aid to use a like degree of force for the purpose of defending the first person.274Defence of moveable property against trespassersIt is lawful for any person who is in peaceable possession of any moveable property, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to resist the taking of such property by a trespasser, or in order to retake it from a trespasser, provided that the person does not do grievous bodily harm to the trespasser.sch 1 pt 5 ch 26 s 274 amd 1997 No. 3 s 37275Defence of moveable property with claim of rightWhen a person is in peaceable possession of any moveable property under a claim of right, it is lawful for the person, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to defend the person’s possession of the property, even against a person who is entitled by law to possession of the property, provided that he or she does not do grievous bodily harm to such other person.sch 1 pt 5 ch 26 s 275 amd 1997 No. 3 s 38276Defence of moveable property without claim of rightWhen a person who is entitled by law to the possession of moveable property attempts to take it from another person who is in possession of the property, but who neither claims right to it, nor acts by the authority of a person who claims right, and the person in possession resists him or her, it is lawful for the person so entitled to possession to use the force that is reasonably necessary in order to obtain possession of the property, provided that he or she does not do grievous bodily harm to the person in possession.sch 1 pt 5 ch 26 s 276 amd 1997 No. 3 s 39277Defence of premises against trespassers—removal of disorderly persons

It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to prevent any person from wrongfully entering upon such land, structure, vessel, or place, or in order to remove therefrom a person who wrongfully remains therein, provided that he or she does not do grievous bodily harm to such person.

It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person acting by his or her authority, to use the force that is reasonably necessary in order to remove therefrom any person who conducts himself or herself in a disorderly manner therein, provided that he or she does not do the person grievous bodily harm.

In this section—place includes any part of an enclosure or structure, whether separated from the rest of the enclosure or structure by a partition, fence, rope, or any other means, or not.sch 1 pt 5 ch 26 s 277 amd 1997 No. 3 s 40278Defence of possession of real property or vessel with claim of rightWhen a person is in peaceable possession of any land, structure, or vessel, with a claim of right, it is lawful for the person, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to defend the person’s possession, even against a person who is entitled by law to the possession of the property, provided that he or she does not do grievous bodily harm to such person.sch 1 pt 5 ch 26 s 278 amd 1997 No. 3 s 41279Exercise of right of way or easementWhen a person who is lawfully entitled to enter upon land for the exercise of a right of way or other easement or profit enters upon the land for the purpose of exercising such right of way, easement, or profit, after notice that right to use such way or easement or to take such profit is disputed by the person in possession of the land, or having entered persists in entry after such notice, it is lawful for the person in possession, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary for the purpose of making the person so entering desist from the entry, provided that he or she does not do the person entering grievous bodily harm.sch 1 pt 5 ch 26 s 279 amd 1997 No. 3 s 42280Domestic disciplineIt is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under the circumstances.sch 1 pt 5 ch 26 s 280 amd 1997 No. 3 s 43281Discipline of vehicleIt is lawful for a person in charge of a vehicle on a journey and for any person acting by his or her authority to use, for the purpose of maintaining good order and discipline on board the vehicle, such force as the person or such person acting by his or her authority believes, on reasonable grounds, to be necessary, and as is reasonable under the circumstances.sch 1 pt 5 ch 26 s 281 sub 1964 No. 14 s 3amd 1997 No. 3 s 44282Surgical operations and medical treatment

A person is not criminally responsible for performing or providing, in good faith and with reasonable care and skill, a surgical operation on or medical treatment of a person or unborn child if performing the operation or providing the treatment is reasonable, having regard to all the circumstances of the case.

A person is not criminally responsible for performing or providing, in good faith and with reasonable care and skill, a surgical operation on or medical treatment of a person or unborn child in an emergency if it is necessary to perform the operation or provide the treatment to save the mother’s life or the life of another unborn child.

If the administration by a health professional of a substance to a patient would be lawful under this section, the health professional may lawfully direct or advise another person, whether the patient or another person, to administer the substance to the patient or procure or supply the substance for that purpose.

It is lawful for a person acting under the lawful direction or advice, or in the reasonable belief that the advice or direction was lawful, to administer the substance, or supply or procure the substance, in accordance with the direction or advice.

In this section—health professional see the Hospital and Health Boards Act 2011, schedule 2.medical treatment, for subsection (1), does not include medical treatment provided by an unqualified person that is intended to adversely affect an unborn child.patient means the person or unborn child on whom the surgical operation is performed or of whom the medical treatment is provided.surgical operation, for subsection (1), does not include a surgical operation performed by an unqualified person that is intended to adversely affect an unborn child.unqualified person see section 319A(3).sch 1 pt 5 ch 26 s 282 sub 2009 No. 33 s 3amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47); 2018 No. 23 s 23; 2022 No. 1 s 6282APalliative care

A person is not criminally responsible for providing palliative care to another person if—

the person provides the palliative care in good faith and with reasonable care and skill; and

the provision of the palliative care is reasonable, having regard to the other person’s state at the time and all the circumstances of the case; and

the person is a doctor or, if the person is not a doctor, the palliative care is ordered by a doctor who confirms the order in writing.

Subsection (1) applies even if an incidental effect of providing the palliative care is to hasten the other person’s death.

However, nothing in this section authorises, justifies or excuses—

an act done or omission made with intent to kill another person; or

aiding another person to kill himself or herself.

To remove any doubt, it is declared that the provision of the palliative care is reasonable only if it is reasonable in the context of good medical practice.

In this section—good medical practice means good medical practice for the medical profession in Australia having regard to—

the recognised medical standards, practices and procedures of the medical profession in Australia; and

the recognised ethical standards of the medical profession in Australia.

It is the duty of every person who has care of a child under 16 years to—

provide the necessaries of life for the child; and

take the precautions that are reasonable in all the circumstances to avoid danger to the child’s life, health or safety; and

take the action that is reasonable in all the circumstances to remove the child from any such danger;

In this section—person who has care of a child includes a parent, foster parent, step parent, guardian or other adult in charge of the child, whether or not the person has lawful custody of the child.sch 1 pt 5 ch 27 s 286 amd 1989 No. 17 s 26sub 1997 No. 3 s 45287sch 1 pt 5 ch 27 s 287 om 2000 No. 23 s 293 sch 2288Duty of persons doing dangerous actsIt is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act, and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to observe or perform that duty.289Duty of persons in charge of dangerous thingsIt is the duty of every person who has in the person’s charge or under the person’s control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health, of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger, and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.290Duty to do certain actsWhen a person undertakes to do any act the omission to do which is or may be dangerous to human life or health, it is the person’s duty to do that act: and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty. Chapter 28Homicide—suicide— concealment of birth291Killing of a human being unlawfulIt is unlawful to kill any person unless such killing is authorised or justified or excused by law.292When a child becomes a human beingA child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.293Definition of killingExcept as hereinafter set forth, any person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that other person.294Death by acts done at childbirthWhen a child dies in consequence of an act done or omitted to be done by any person before or during its birth, the person who did or omitted to do such act is deemed to have killed the child.295Causing death by threatsA person who, by threats or intimidation of any kind, or by deceit, causes another person to do an act or make an omission which results in the death of that other person, is deemed to have killed the other person.296Acceleration of deathA person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.297When injury or death might be prevented by proper precautionWhen a person causes a bodily injury to another from which death results, it is immaterial that the injury might have been avoided by proper precaution on the part of the person injured, or that the injured person’s death from that injury might have been prevented by proper care or treatment.298Injuries causing death in consequence of subsequent treatmentWhen a person does grievous bodily harm to another, and such other person has recourse to surgical or medical treatment, and death results either from the injury or the treatment, the person is deemed to have killed that other person, although the immediate cause of death was the surgical or medical treatment, provided that the treatment was reasonably proper under the circumstances, and was applied in good faith.299sch 1 pt 5 ch 28 s 299 om 1992 No. 48 s 207 sch300Unlawful homicideAny person who unlawfully kills another is guilty of a crime, which is called murder or manslaughter, according to the circumstances of the case.sch 1 pt 5 ch 28 s 300 amd 1971 No. 41 s 7301sch 1 pt 5 ch 28 s 301 om 1971 No. 41 s 5302Definition of murder

Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say—

if the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm;

if death is caused by an act done, or omission made, with reckless indifference to human life;

if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;

if the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such crime;

if death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph (c);

if death is caused by wilfully stopping the breath of any person for either of such purposes;

Under subsection (1)(a) it is immaterial that the offender did not intend to hurt the particular person who is killed.

Under subsection (1)(b) it is immaterial that the offender did not intend to hurt any person.

Under subsection (1)(c) to (e) it is immaterial that the offender did not intend to cause death or did not know that death was likely to result.

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.sch 1 pt 5 ch 28 s 302 amd 1971 No. 41 s 6; 2016 No. 62 s 101; 2019 No. 15 s 3303Definition of manslaughter

A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter.

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.sch 1 pt 5 ch 28 s 303 amd 1971 No. 41 s 7; 2016 No. 62 s 102304Killing on provocation

When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation, and before there is time for the person’s passion to cool, the person is guilty of manslaughter only.

Subsection (1) does not apply if the sudden provocation is based on words alone, other than in circumstances of an exceptional character.

Also, subsection (1) does not apply, other than in circumstances of an exceptional character, if—

a domestic relationship exists between 2 persons; and

one person unlawfully kills the other person (the deceased); and

the sudden provocation is based on anything done by the deceased or anything the person believes the deceased has done—

to end the relationship; or

to change the nature of the relationship; or

to indicate in any way that the relationship may, should or will end, or that there may, should or will be a change to the nature of the relationship.

Further, subsection (1) does not apply, other than in circumstances of an exceptional character, if the sudden provocation is based on an unwanted sexual advance to the person.

For subsection (3)(a), despite the Domestic and Family Violence Protection Act 2012, section 18(6), a domestic relationship includes a relationship in which 2 persons date or dated each other on a number of occasions.

Subsection (3)(c)(i) applies even if the relationship has ended before the sudden provocation and killing happens.

For proof of circumstances of an exceptional character mentioned in subsection (2) or (3) regard may be had to any history of violence that is relevant in all the circumstances.

For proof of circumstances of an exceptional character mentioned in subsection (4), regard may be had to any history of violence, or of sexual conduct, between the person and the person who is unlawfully killed that is relevant in all the circumstances.

On a charge of murder, it is for the defence to prove that the person charged is, under this section, liable to be convicted of manslaughter only.

When 2 or more persons unlawfully kill another, the fact that 1 of the persons is, under this section, guilty of manslaughter only does not affect the question whether the unlawful killing amounted to murder in the case of the other person or persons.

In this section—unwanted sexual advance, to a person, means a sexual advance that—

is unwanted by the person; and

if the sexual advance involves touching the person—involves only minor touching.Examples of what may be minor touching depending on all the relevant circumstances—patting, pinching, grabbing or brushing against the person, even if the touching is an offence against section 352(1)(a) or another provision of this Code or another Act

When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, is at the time of doing the act or making the omission which causes death in such a state of abnormality of mind (whether arising from a condition of arrested or retarded development of mind or inherent causes or induced by disease or injury) as substantially to impair the person’s capacity to understand what the person is doing, or the person’s capacity to control the person’s actions, or the person’s capacity to know that the person ought not to do the act or make the omission, the person is guilty of manslaughter only.

On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section liable to be convicted of manslaughter only.

When 2 or more persons unlawfully kill another, the fact that 1 of such persons is by virtue of this section guilty of manslaughter only shall not affect the question whether the unlawful killing amounted to murder in the case of any other such person or persons.sch 1 pt 5 ch 28 s 304A ins 1961 10 Eliz 2 No. 11 s 5amd 1971 No. 41 s 7304BKilling for preservation in an abusive domestic relationship

A person who unlawfully kills another (the deceased) under circumstances that, but for the provisions of this section, would constitute murder, is guilty of manslaughter only, if—

the deceased has committed acts of serious domestic violence against the person in the course of an abusive domestic relationship; and

the person believes that it is necessary for the person’s preservation from death or grievous bodily harm to do the act or make the omission that causes the death; and

the person has reasonable grounds for the belief having regard to the abusive domestic relationship and all the circumstances of the case.

An abusive domestic relationship is a domestic relationship existing between 2 persons in which there is a history of acts of serious domestic violence committed by either person against the other.

A history of acts of serious domestic violence may include acts that appear minor or trivial when considered in isolation.

Subsection (1) may apply even if the act or omission causing the death (the response) was done or made in response to a particular act of domestic violence committed by the deceased that would not, if the history of acts of serious domestic violence were disregarded, warrant the response.

Subsection (1)(a) may apply even if the person has sometimes committed acts of domestic violence in the relationship.

For subsection (1)(c), without limiting the circumstances to which regard may be had for the purposes of the subsection, those circumstances include acts of the deceased that were not acts of domestic violence.

In this section—domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.sch 1 pt 5 ch 28 s 304B ins 2010 No. 1 s 3amd 2011 No. 7 s 6; 2012 No. 5 s 218305Punishment of murder

Any person who commits the crime of murder is liable to imprisonment for life, which can not be mitigated or varied under this Code or any other law or is liable to an indefinite sentence under part 10 of the Penalties and Sentences Act 1992.

If the person is being sentenced—

on more than 1 conviction of murder; or

on 1 conviction of murder and another offence of murder is taken into account; or

on a conviction of murder and the person has on a previous occasion been sentenced for another offence of murder;

Subsection (2)(c) applies whether the crime for which the person is being sentenced was committed before or after the conviction for the other offence of murder mentioned in the paragraph.

If—

the person killed was a police officer at the time the act or omission that caused the person’s death was done or made; and

the person being sentenced did the act or made the omission that caused the police officer’s death—

when—

the police officer was performing the officer’s duty; and

the person knew or ought reasonably to have known that he or she was a police officer; or

because the police officer was a police officer; or

because of, or in retaliation for, the actions of the police officer or another police officer in the performance of the officer’s duty;

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for the crime of murder.sch 1 pt 5 ch 28 s 305 amd 1922 13 Geo 5 No. 2 s 3(xiv); 1971 No. 41 s 7; 1988 No. 88 s 5 sch 2; 1992 No. 48 s 207 sch; 1997 No. 4 s 19; 2000 No. 63 s 276 sch 2; 2006 No. 29 s 518 sch 3; 2012 No. 19 s 3; 2016 No. 62 s 103306Attempt to murder

Any person who—

attempts unlawfully to kill another; or

with intent unlawfully to kill another does any act, or omits to do any act which it is the person’s duty to do, such act or omission being of such a nature as to be likely to endanger human life;

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 28 s 306 amd 1986 No. 1 s 17; 1988 No. 88 s 5 sch 2; 2016 No. 62 s 104307Accessory after the fact to murder

Any person who becomes an accessory after the fact to murder is guilty of a crime, and is liable to imprisonment for life.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 28 s 307 amd 1971 No. 41 s 7; 1988 No. 88 s 5 sch 2; 2016 No. 62 s 105308Threats to murder in document

Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any document threatening to kill any person, is guilty of a crime, and is liable to imprisonment for 7 years.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 28 s 308 amd 1986 No. 1 s 18; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 46; 2016 No. 62 s 106309Conspiring to murder

Any person who conspires with any other person to kill any person, whether such person is in Queensland or elsewhere, is guilty of a crime, and is liable to imprisonment for 14 years.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 28 s 309 amd 1988 No. 88 s 5 sch 2; 2016 No. 62 s 107310Punishment of manslaughter

Any person who commits the crime of manslaughter is liable to imprisonment for life.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for the crime of manslaughter.sch 1 pt 5 ch 28 s 310 amd 1988 No. 88 s 5 sch 2; 2016 No. 62 s 108311Aiding suicideAny person who—

procures another to kill himself or herself; or

counsels another to kill himself or herself and thereby induces the other person to do so; or

aids another in killing himself or herself;

Any person who, when another person is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, the person would be deemed to have unlawfully killed the child, is guilty of a crime, and is liable to imprisonment for life.

A person does not commit an offence against subsection (1) by performing a termination, or assisting in the performance of a termination, under the Termination of Pregnancy Act 2018.

Any person who unlawfully assaults another person who is pregnant with a child and destroys the life of, or does grievous bodily harm to, or transmits a serious disease to, the child before its birth, commits a crime.Maximum penalty—imprisonment for life.sch 1 pt 5 ch 28 s 313 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s 47; 2018 No. 23 s 24; 2024 No. 7 s 26 sch 1314Concealing the birth of childrenAny person who, when a woman is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at, or after, its birth, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.sch 1 pt 5 ch 28 s 314 amd 1988 No. 88 s 5 sch 2 Chapter 28AUnlawful striking causing deathsch 1 pt 5 ch 28A hdg ins 2014 No. 42 s 14314AUnlawful striking causing death

A person who unlawfully strikes another person to the head or neck and causes the death of the other person is guilty of a crime.Maximum penalty—life imprisonment.

The Penalties and Sentences Act 1992, section 161Q 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.

Sections 23(1)(b) and 270 do not apply to an offence against subsection (1).

An assault is not an element of an offence against subsection (1).

For subsection (1), the striking of another person is unlawful unless it is authorised or justified or excused by law.

A person is not criminally responsible for an offence against subsection (1) if the act of striking the other person is—

done as part of a socially acceptable function or activity; and

reasonable in the circumstances.

If a court sentences a person to a term of imprisonment for an offence mentioned in subsection (1), the court must make an order that the person must not be released from imprisonment until the person has served the lesser of—

80% of the person’s term of imprisonment for the offence; or

15 years.

Subsection (5) does not apply if the court sentences the person to—

a term of imprisonment for life; orNote—See the Corrective Services Act 2006, section 181 for the parole eligibility date for a prisoner serving a term of imprisonment for life for an offence mentioned in subsection (1).

an indefinite sentence under the Penalties and Sentences Act 1992; orNote—See the Penalties and Sentences Act 1992, section 171 for the time of the earliest review of an indefinite sentence being served by a prisoner serving an indefinite sentence for an offence mentioned in subsection (1).

a term of imprisonment and makes either of the following orders under the Penalties and Sentences Act 1992 for the person—

an intensive correction order;

an order that the whole or a part of the term of imprisonment be suspended.

In this section—causing means causing directly or indirectly.function or activity includes a sporting event.strike, a person, means directly apply force to the person by punching or kicking, or by otherwise hitting using any part of the body, with or without the use of a dangerous or offensive weapon or instrument.sch 1 pt 5 ch 28A s 314A ins 2014 No. 42 s 14amd 2016 No. 62 s 109 Chapter 29Offences endangering life or health315Disabling in order to commit indictable offenceAny person who, by any means calculated to choke, suffocate, or strangle, and with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, renders or attempts to render any person incapable of resistance, is guilty of a crime, and is liable to imprisonment for life.sch 1 pt 5 ch 29 s 315 amd 1986 No. 1 s 19; 1988 No. 88 s 5 sch 2315AChoking, suffocation or strangulation in a domestic setting

A person commits a crime if—

the person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and

either—

the person is in a domestic relationship with the other person; or

the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012.

For subsection (1) and without limiting the subsection, a person is taken to choke, suffocate or strangle another person if the person applies pressure to the other person’s neck that completely or partially restricts the other person’s respiration or blood circulation, or both.

An assault is not an element of an offence against subsection (1).sch 1 pt 5 ch 29 s 315A ins 2016 No. 16 s 3amd 2024 No. 48 s 9A316Stupefying in order to commit indictable offenceAny person who, with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, administers, or attempts to administer, any stupefying or overpowering drug or thing to any person, is guilty of a crime, and is liable to imprisonment for life.sch 1 pt 5 ch 29 s 316 amd 1988 No. 88 s 5 sch 2316AUnlawful drink spiking

A person who administers, or attempts to administer, in drink a substance to another person (the other person) without the other person having knowledge of the substance with intent to cause the other person to be stupefied or overpowered is guilty of a crime and is liable to imprisonment for 5 years.

If the substance is alcohol, for section 24 only, the circumstances in which the other person is taken to have knowledge of the alcohol include where the other person would not object to the administration of the alcohol if the other person had actual knowledge of it.

The following matters are immaterial—

whether the lack of knowledge of the substance is lack of knowledge of the presence at all of the substance or of the particular quantity of the substance;

whether the substance is capable of having the effect intended;

whether a particular person is intended to be the person to whom the substance is administered or attempted to be administered.

A reference to causing the other person to be stupefied or overpowered is—

a reference to causing the other person to be stupefied or overpowered in circumstances where the other person is not intending to be stupefied or overpowered at all; or

a reference to causing the other person to be further stupefied or overpowered in circumstances where the other person is not intending to be further stupefied or overpowered at all or to the extent intended by the person who administers, or attempts to administer, the substance.

This section does not apply to an act lawfully done in the course of the practice of a health professional, the carrying out of a function under an Act or the performance of the responsibilities of a parent or carer.

In relation to an attempt to administer a substance, for this section and section 4, attempt includes adding a substance to drink in preparation for the administration of the substance.

In this section—adding a substance, to drink, includes, without limiting section 7, the following—

cause to be added to drink;

substitute drink with other drink containing the substance;

take any step to provide drink containing the substance instead of other drink.

a state of intoxication caused by alcohol, a drug or another substance; and

behavioural change caused by a dangerous drug, whether or not the mind is otherwise affected.

Any person who, with intent—

to maim, disfigure or disable, any person; or

to do some grievous bodily harm or transmit a serious disease to any person; or

to resist or prevent the lawful arrest or detention of any person; or

to resist or prevent a public officer from acting in accordance with lawful authority—

in any way unlawfully wounds, does grievous bodily harm, or transmits a serious disease to, any person; or

unlawfully strikes, or attempts in any way to strike, any person with any kind of projectile or anything else capable of achieving the intention; or

unlawfully causes any explosive substance to explode; or

sends or delivers any explosive substance or other dangerous or noxious thing to any person; or

causes any such substance or thing to be taken or received by any person; or

puts any corrosive fluid or any destructive or explosive substance in any place; or

unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person;

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 29 s 317 amd 1900 64 Vic No. 7 s 1 sch; 1986 No. 1 s 20; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 48; 2016 No. 62 s 110317ACarrying or sending dangerous goods in a vehicle

Any person who—

carries or places dangerous goods in or on a vehicle; or

delivers dangerous goods to another person for the purpose of such goods being placed in or on a vehicle; or

has dangerous goods in his or her possession in or on a vehicle;

A person who knowingly sends by a vehicle any dangerous goods under a false description of the goods or with a false description of the sender of the goods commits a misdemeanour.Maximum penalty—3 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q 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.

It is a defence to a charge of any offence defined in subsection (1) to prove that the act was done by authority or permission of or under a law of the Commonwealth or of the State.

For the purposes of this section—dangerous goods means—

firearms, ammunition, weapons and explosive substances; and

an explosive or noxious substance, acid or other thing of a dangerous or destructive nature that because of its nature or condition may endanger the safety of a vehicle, a person in, on or in the vicinity of the vehicle.

Any person who unlawfully obstructs anyone in the other person’s efforts to save the life of someone who is in, or escaping from, dangerous, destroyed or other unsafe premises commits a crime.Maximum penalty—imprisonment for life.

In this section—obstruct includes hinder and attempt to obstruct.sch 1 pt 5 ch 29 s 318 amd 1986 No. 1 s 21; 1988 No. 88 s 5 sch 2sub 1997 No. 3 s 50319Endangering the safety of a person in a vehicle with intent

A person who does anything that endangers, or is likely to endanger, the safe use of a vehicle, with intent to injure or endanger the safety of any person in the vehicle, whether a particular person or not, commits a crime.Maximum penalty—life imprisonment.

In this section—do anything, for a person who has a duty to do the thing, includes omit to do the thing.in includes on.sch 1 pt 5 ch 29 s 319 amd 1986 No. 1 s 22; 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 53319ATermination of pregnancy performed by unqualified person

An unqualified person who performs a termination on another person commits a crime.Maximum penalty—7 years imprisonment.

An unqualified person who assists in the performance of a termination on another person commits a crime.Maximum penalty—7 years imprisonment.

In this section—assisting, in the performance of a termination on a person—

includes—

dispensing a termination drug for use in the termination; and

supplying a termination drug for use in the termination; and

procuring the supply of a termination drug from an unqualified person for use in the termination; and

administering a termination drug; but

does not include providing care to the person before or after the termination is performed.

Aboriginal and Torres Strait Islander health practice;

medical;

midwifery;

nursing;

pharmacy;

another health profession prescribed under the Termination of Pregnancy Act 2018, schedule 1, definition prescribed health profession, paragraph (f).

whose name is entered in a student register, for a prescribed health profession, as being currently registered under the Health Practitioner Regulation National Law; and

who assists in the performance of a termination on a person only—

under the supervision of—

a medical practitioner performing the termination; or

for a medical termination—a registered health practitioner, to whom the Termination of Pregnancy Act 2018, section 6A applies, performing the termination; or

a prescribed practitioner lawfully assisting in the performance of the termination; or

the student’s primary clinical supervisor; and

to the extent necessary to complete the student’s program of study for, or clinical training in, the student’s health profession.

administering a drug; or

using an instrument or other thing.

in relation to the performance of a termination—a person who is not—

a medical practitioner; or

for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or

in relation to assisting in the performance of a termination on another person—a person who is not—

a medical practitioner; or

for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or

a prescribed practitioner providing the assistance in the practice of the practitioner’s prescribed health profession; or

a prescribed student.

Any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 14 years.

The Penalties and Sentences Act 1992, sections 108B and 161Q state 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.sch 1 pt 5 ch 29 s 320 amd 1975 No. 27 s 41 sch; 1988 No. 88 s 5 sch 2; 2013 No. 45 s 45; 2013 No. 56 s 104; 2014 No. 42 s 15; 2016 No. 62 s 112320ATorture

A person who tortures another person commits a crime.Maximum penalty—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q 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—pain or suffering includes physical, mental, psychological or emotional pain or suffering, whether temporary or permanent.torture means the intentional infliction of severe pain or suffering on a person by an act or series of acts done on 1 or more than 1 occasion.sch 1 pt 5 ch 29 s 320A ins 1997 No. 3 s 51amd 2016 No. 62 s 113321Attempting to injure by explosive or noxious substances

Any person who unlawfully, and with intent to do any bodily harm to another, puts any explosive or noxious substance in any place whatever, is guilty of a crime, and is liable to imprisonment for 14 years.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 29 s 321 amd 1986 No. 1 s 23; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 52; 2016 No. 62 s 114321ABomb hoaxes

Any person who—

places an article or substance in any place; or

sends an article or substance in any way;

Any person who, in Queensland or elsewhere, makes a statement or conveys information to another person that he or she knows or believes to be false, with the intention of inducing in that person or another person a belief that an explosive or noxious substance, acid or other thing of a dangerous or destructive nature is present in a place in Queensland, commits a crime.Maximum penalty—5 years imprisonment.

Subsections (1) and (2) apply whether or not the accused had any particular person in mind as the person in whom he or she intended to induce the belief mentioned in the subsections.sch 1 pt 5 ch 29 s 321A ins 1997 No. 3 s 53322Administering poison with intent to harmA person who unlawfully, and with intent to injure or annoy another person, causes a poison or another noxious thing to be administered to, or taken by, any person commits a crime.Maximum penalty—

if the poison or other noxious thing endangers the life of, or does grievous bodily harm to, the person to whom it is administered or by whom it is taken—14 years imprisonment; or

otherwise—7 years imprisonment.

A person who unlawfully wounds anyone else commits a misdemeanour.Maximum penalty—7 years imprisonment.

The offender may be arrested without warrant.

The Penalties and Sentences Act 1992, section 108B states a circumstance of aggravation for an offence against this section.sch 1 pt 5 ch 29 s 323 amd 1943 7 Geo 6 No. 14 s 8; 1975 No. 27 s 41 sch; 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 54amd 2014 No. 42 s 15A323AFemale genital mutilation

Any person who performs female genital mutilation on another person is guilty of a crime.Maximum penalty—14 years imprisonment.

It is not a defence that the other person, or, if the other person is a child, a parent or guardian of the other person, consented to the mutilation.

In this section—female genital mutilation means—

clitoridectomy; or

excision of any other part of the female genitalia; or

a procedure to narrow or close the vaginal opening; or

any other mutilation of the female genitalia;

a sexual reassignment procedure; or

a medical procedure for a genuine therapeutic purpose.

directed only at curing or alleviating a physiological disability, physical abnormality, psychological disorder or pathological condition; or

performed on a person in labour or who has just given birth and directed only at alleviating physical symptoms in relation to the labour or birth or for other medical purposes; or

performed on a person who has been subjected to female genital mutilation and directed only at treating the effects, or to reversing the effects, of the previous mutilation.

Any person who takes a child from the State, or arranges for a child to be taken from the State, with the intention of having female genital mutilation performed on the child is guilty of a crime.Maximum penalty—14 years imprisonment.

In the absence of proof to the contrary, it is to be presumed that a person took a child, or arranged for a child to be taken, from the State with the intention of having female genital mutilation performed on the child if it is proved—

the person took the child, or arranged for the child to be taken, from the State; and

female genital mutilation was performed on the child while outside the State.

In this section—child means a person under 18 years.female genital mutilation see section 323A.sch 1 pt 5 ch 29 s 323B ins 2000 No. 43 s 19324Failure to supply necessariesAny person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or the other person’s health is or is likely to be permanently injured, is guilty of a crime.Maximum penalty—7 years imprisonment.sch 1 pt 5 ch 29 s 324 amd 1988 No. 88 s 5 sch 2; 2019 No. 15 s 4325sch 1 pt 5 ch 29 s 325 amd 1988 No. 88 s 5 sch 2om 2000 No. 23 s 293 sch 2326Endangering life of children by exposureAny person who unlawfully abandons or exposes a child under the age of 7 years, whereby the life of such child is or is likely to be endangered, or the child’s health is or is likely to be permanently injured, commits a crime.Maximum penalty—7 years imprisonment.sch 1 pt 5 ch 29 s 326 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s 54; 2008 No. 55 s 55327Setting mantraps

Any person who sets or places any spring gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm, or causes any such thing to be set or placed, in any place with the intent that it may kill or inflict grievous bodily harm upon a trespasser or other person coming in contact with it, or sets or places any such thing in any such place and in any such manner that it is likely to cause any such result, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

Any person who knowingly permits any such spring gun, mantrap, or other engine, which has been set or placed by another person in any such place and in any such manner that it is likely to cause any such result, to continue so set or placed in any place which is then in, or afterwards comes into, the person’s possession or occupation, is deemed to have set and placed the gun, trap, or engine, with the intent aforesaid.

This section does not make it unlawful to set any gin or trap such as is usually set for the purpose of destroying vermin; or to set any spring gun, mantrap, or engine, at night in a dwelling house for the protection of the dwelling house.sch 1 pt 5 ch 29 s 327 amd 1988 No. 88 s 5 sch 2328Negligent acts causing harm

Any person who unlawfully does any act, or omits to do any act which it is the person’s duty to do, by which act or omission bodily harm is actually caused to any person, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

The offender may be arrested without warrant.sch 1 pt 5 ch 29 s 328 amd 1948 12 Geo 6 No. 48 s 6; 1988 No. 88 s 5 sch 2328ADangerous operation of a vehicle

A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour.Maximum penalty—200 penalty units or 3 years imprisonment.

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;

If the offender—

at the time of committing the offence is adversely affected by an intoxicating substance; or

at the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or

has been previously convicted either upon indictment or summarily of an offence against this section;

If the offender has been—

previously convicted either upon indictment or summarily of an offence against this section committed while the offender was adversely affected by an intoxicating substance; or

twice previously convicted either upon indictment or summarily (or once upon indictment and once summarily) of the same prescribed offence or different prescribed offences;

A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place and causes the death of or grievous bodily harm to another person commits a crime and is liable on conviction on indictment—

to imprisonment for 14 years, if none of paragraphs (b) to (d) applies; or

to imprisonment for 20 years if, at the time of committing the offence, the offender is—

adversely affected by an intoxicating substance; or

excessively speeding; or

taking part in an unlawful race or unlawful speed trial; or

to imprisonment for 20 years, if the offender knows, or ought reasonably know, the other person has been killed or injured, and the offender leaves the scene of the incident, other than to obtain medical or other help for the other person, before a police officer arrives; or

to imprisonment for 20 years if, before or while committing the offence, the offender commits an offence against the Police Powers and Responsibilities Act 2000, section 754(2).

The offender may be arrested without warrant.

In this section—advertise means attract the notice and attention of the public or a limited section of the public.excessively speeding means driving or operating a vehicle at a speed more than 40km/h over the speed limit applying to the driver under the Transport Operations (Road Use Management) Act 1995.material includes an electronic document.operates, or in any way interferes with the operation of, a vehicle dangerously means operate, or in any way interfere with the operation of, a vehicle at a speed or in a way that is dangerous to the public, having regard to all the circumstances, including—

the nature, condition and use of the place; and

the nature and condition of the vehicle; and

the number of persons, vehicles or other objects that are, or might reasonably be expected to be, in the place; and

the concentration of alcohol in the operator’s blood or breath; and

the presence of any other substance in the operator’s body.

an offence against this section; or

an offence charged on indictment involving the driving or operation of a vehicle at a speed causing or likely to cause injury to anyone; or

an offence against the Transport Operations (Road Use Management) Act 1995, section 79(1), (1F), (2), (2AA), (2A), (2B), (2D) or (2J).

Upon an indictment charging a person with any offence in connection with or arising out of the operation, or interference in any way with the operation, of a vehicle by the person (not being the offence defined in section 328A), the person may be convicted of the offence defined in section 328A with or without a circumstance of aggravation specified in section 328A(4), if such offence is established by the evidence.

The provisions of this section shall apply notwithstanding the provisions of section 576.sch 1 pt 5 ch 29 s 328B ins 1943 7 Geo 6 No. 14 s 9sub 1948 12 Geo 6 No. 48 s 8; 1961 10 Eliz 2 No. 11 s 7amd 1964 No. 14 s 7; 2014 No. 39 s 28328C Damaging emergency vehicle when operating motor vehicleA person commits a crime if—

the person operates a motor vehicle in a way that damages an emergency vehicle; and

the person knows, or ought reasonably to know, the damaged vehicle is an emergency vehicle; and

the person—

intends to damage the emergency vehicle or to injure or endanger the safety of an emergency worker; or

knows, or ought reasonably to know, the person is operating a motor vehicle in a way that will damage an emergency vehicle.

A person commits a crime if—

the person drives a motor vehicle towards or near a police officer; and

the person knows, or ought reasonably to know, the officer is a police officer; and

the officer is acting in the performance of their duties as a police officer; and

the person—

intends to injure or endanger the safety of the police officer; or

endangers the safety of the police officer and knows, or ought reasonably to know, the person is endangering the safety of the police officer.

In this section—police officer includes a police officer of the Commonwealth or another State.sch 1 pt 5 ch 29 s 328D ins 2024 No. 45 s 14329Endangering safety of persons travelling by railwayAny person who by any unlawful act, or by any omission to do any act which it is the person’s duty to do, causes the safety of any person travelling by any railway to be endangered, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.sch 1 pt 5 ch 29 s 329 amd 1988 No. 88 s 5 sch 2330Sending or taking unseaworthy ships to sea

Any person who—

sends or attempts to send a ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered; orEditor’s note—Subsection (1)(a) as originally enacted was numbered as (1) and subsection (1)(b) was numbered as (2).

being a master of a British ship, knowingly takes or attempts to take the ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered;

It is a defence to a charge of any of the offences defined in this section to prove that the going of the ship to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable.

It is a defence to a charge of either of the offences firstly defined in this section to show that the accused person used all reasonable means to ensure the ship being sent to sea in a seaworthy state.sch 1 pt 5 ch 29 s 330 amd 1988 No. 88 s 5 sch 2331sch 1 pt 5 ch 29 s 331 amd 1988 No. 88 s 5 sch 2om 2008 No. 55 s 56332sch 1 pt 5 ch 29 s 332 om 2008 No. 55 s 56333Evading laws as to equipment of shipsAny person who, being a person having actual control over a vessel on board of which any article has been placed with the person’s knowledge or consent in order to the obtaining of permission or authority to leave a port, removes or allows the removal of such article from the vessel after such permission or authority has been obtained is guilty of a misdemeanour, and is liable to imprisonment for 3 years.sch 1 pt 5 ch 29 s 333 amd 1988 No. 88 s 5 sch 2; 2008 No. 55 s 57334Landing explosivesAny person who—

being charged by law with any duty respecting the landing or delivery of any explosive substance or of any acid or other thing of a dangerous or destructive nature, from any vessel, fails to perform that duty; or

being concerned in the landing of any such substance or thing from any vessel, violates the provisions of the laws relating to such landing;

in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or

by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or a child.

is physically or sexually abusive; or

is emotionally or psychologically abusive; or

is economically abusive; or

is threatening; or

is coercive; or

in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.

Behaviour mentioned in subsection (1)—

may occur over a period of time; and

may be more than 1 act, or a series of acts, that when considered cumulatively is abusive, threatening, coercive or causes fear in a way mentioned in that subsection; and

is to be considered in the context of the relationship between the first person and the second person as a whole.

Without limiting subsection (1) or (2), domestic violence includes the following behaviour—

causing personal injury to a person or threatening to do so;

coercing a person to engage in sexual activity or attempting to do so;

damaging a person’s property or threatening to do so;

depriving a person of the person’s liberty or threatening to do so;

threatening a person with the death or injury of the person, a child of the person, or someone else;

threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;

causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;

unauthorised or unreasonable surveillance of a person;

unlawfully stalking, intimidating, harassing or abusing a person;

making a person dependent on, or subordinate to, another person;

isolating a person from friends, relatives or other sources of support;

controlling, regulating or monitoring a person’s day-to-day activities;

depriving a person of, or restricting a person’s, freedom of action;

frightening, humiliating, degrading or punishing a person.

In this section—coerce, a person, means compel or force a person to do, or refrain from doing, something.unlawful stalking, intimidation, harassment or abuse see sections 359B and 359D.sch 1 pt 5 ch 29A s 334B ins 2024 No. 5 s 20334C Coercive control

A person who is an adult commits an offence (a coercive control offence) if—

the person is in a domestic relationship with another person (the other person); and

the person engages in a course of conduct against the other person that consists of domestic violence occurring on more than 1 occasion; and

the person intends the course of conduct to coerce or control the other person; and

the course of conduct would, in all the circumstances, be reasonably likely to cause the other person harm.

An offence against subsection (1) is a crime.

For subsection (1)(c), the prosecution is not required to prove that the person intended each act of domestic violence that constitutes the course of conduct, when considered in isolation, to coerce or control the other person.

For subsection (1)(d), without limiting the circumstances for the purpose of the subsection, those circumstances include the behaviour of the person and the other person in the context of their relationship as a whole.

In relation to the domestic violence that constitutes the course of conduct—

the prosecution is not required to allege the particulars of any act of domestic violence constituting an offence that would be necessary if the act were charged as a separate offence; and

the jury is not required to be satisfied of the particulars of any act of domestic violence constituting an offence that it would have to be satisfied of if the act were charged as a separate offence; and

all the members of the jury are not required to be satisfied about the same acts of domestic violence.

A person may be charged with—

the coercive control offence; and

1 or more other offences of domestic violence alleged to have been committed by the person against the other person during the course of conduct for the coercive control offence.

The offences mentioned in subsection (6)(a) and (b) may be charged in the 1 indictment.

The person charged as mentioned in subsection (6) may be convicted of and punished for any or all of the offences charged.

However, if the person is—

charged as mentioned in subsection (6); and

sentenced to imprisonment for the coercive control offence and for the other offence or offences;

It is a defence for the person to prove that the course of conduct for the coercive control offence was reasonable in the context of the relationship between the person and the other person as a whole.

It is not a defence to a charge for a coercive control offence that the person believed that any single act of domestic violence that formed part of the course of conduct for the coercive control offence, or each of the acts of domestic violence that constituted the course of conduct when considered in isolation, was reasonable in the context of the relationship between the person and the other person as a whole.sch 1 pt 5 ch 29A s 334C ins 2024 No. 5 s 20334D What is immaterial for coercive control

For section 334C(1)(b) and (c), it is immaterial whether the domestic violence that constituted the course of conduct against the other person was carried out in relation to another person or the property of another person.

For section 334C(1)(d)—

it is immaterial whether the course of conduct actually caused harm to the other person; and

if an act of domestic violence that formed part of the course of conduct was unauthorised or unreasonable surveillance or economic abuse of the other person, it is immaterial whether the other person was aware of the act.

Despite particular matters being immaterial for section 334C(1) as mentioned in subsection (1) or (2), nothing in this section prevents evidence being adduced about the matters.

In this section—other person see section 334C(1)(a).sch 1 pt 5 ch 29A s 334D ins 2024 No. 5 s 20334E Court may restrain coercive control

This section applies on the hearing before a court of a charge against a person of coercive control.

Whether the person is found guilty or not guilty or the prosecution ends in another way, if the presiding judge or magistrate considers it desirable, the judge or magistrate may constitute the court to consider whether a restraining order should be made against the person.

The judge or magistrate may act under subsection (2) on application by the Crown or an interested person or on the judge’s or magistrate’s own initiative.

Also, if the restraining order proceeding is started before the Supreme Court or the District Court, the court may order the proceeding to be transferred to a Magistrates Court.

If a court makes an order under subsection (4), the registrar of the court must send to the clerk of the relevant Magistrates Court a copy of the order and the record of proceedings of the hearing of the charge and any application mentioned in subsection (3).

The court hearing the restraining order proceeding may make a restraining order against the person in relation to any person or any property if it considers it desirable to do so having regard to the evidence given at the hearing of the charge and any application under subsection (3) and any further evidence the court may admit.

A restraining order takes effect on the day it is made and continues in force until—

the day stated by the court in the restraining order; or

if no day is stated, the day that is 5 years after the day the restraining order is made.

The court may order that a restraining order continues in force for a period of less than 5 years only if the court is satisfied that the safety of a person in relation to whom the restraining order is made is not compromised by the shorter period.

A restraining order may be varied or revoked at any time by the court, and, if the order provides, by another court.

A person who knowingly contravenes a restraining order commits an offence.Maximum penalty—120 penalty units or 3 years imprisonment.

However, if the person has been convicted of a domestic violence offence in the 5 years before the contravention, the person is guilty of a misdemeanour and is liable to a fine of 240 penalty units or imprisonment for 5 years.

A restraining order may be made against a person whether or not another order is made against the person in the proceeding for the charge.

A restraining order proceeding is not a criminal proceeding.

A question of fact for a decision under subsection (2) and in a restraining order proceeding must be decided on the balance of probabilities.

In this section—charge means the charge of coercive control mentioned in subsection (1).domestic violence offence includes an offence against the Domestic and Family Violence Protection Act 2012, part 7.

Any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for 3 years.

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 following provisions also state a circumstance of aggravation for an offence against this section—

section 52B;

the Penalties and Sentences Act 1992, section 108B.

If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 4 years.

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 5 ch 30 s 335 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s 56; 2014 No. 42 s 15B; 2023 No. 26 s 16; 2024 No. 45 s 15337sch 1 pt 5 ch 30 s 337 amd 1975 No. 27 s 41 sch; 1988 No. 88 s 5 sch 2sub 1989 No. 17 s 28amd 1990 No. 93 s 13; 1997 No. 3 s 58om 2000 No. 43 s 21338sch 1 pt 5 ch 30 s 338 amd 1988 No. 88 s 5 sch 2om 2008 No. 55 s 59338AAssaults of member of crew on aircraftAny person who while on board an aircraft unlawfully assaults a member of the crew of the aircraft or threatens such a member with any violence or detriment of any kind to be caused to the member or any other person on the aircraft by the offender or by any other person with the intention of affecting the performance by the member of the member’s functions or duties in connection with the operation of the aircraft or with the intention of lessening the member’s ability to perform those functions or duties is guilty of a crime and is liable to imprisonment for 14 years.sch 1 pt 5 ch 30 s 338A ins 1964 No. 14 s 8amd 1988 No. 88 s 5 sch 2; 2008 No. 55 s 60339Assaults occasioning bodily harm

Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years.

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;

If the offender does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 10 years.

The following provisions also state a circumstance of aggravation for an offence against this section—

section 52B;

the Penalties and Sentences Act 1992, sections 108B and 161Q.

If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 10 years.

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 5 ch 30 s 339 amd 1943 7 Geo 6 No. 14 s 10; 1986 No. 1 s 24; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 59; 2014 No. 42 s 15C; 2016 No. 62 s 115; 2023 No. 26 s 17; 2024 No. 45 s 16340Serious assaults

Any person who—

assaults another with intent to commit a crime, or with intent to resist or prevent the lawful arrest or detention of himself or herself or of any other person; or

assaults, resists, or wilfully obstructs, a police officer while acting in the execution of the officer’s duty, or any person acting in aid of a police officer while so acting; or

unlawfully assaults any person while the person is performing a duty imposed on the person by law; or

assaults any person because the person has performed a duty imposed on the person by law; or

assaults any person in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such person or persons; or

unlawfully assaults any person who is 60 years or more; or

unlawfully assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device;

for subsection (1)(b), if the offender assaults a police officer in any of the following circumstances—

the offender bites or spits on the police officer or throws at, or in any way applies to, the police officer a bodily fluid or faeces;

the offender causes bodily harm to the police officer;

the offender is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or

otherwise—7 years imprisonment.Examples of remedial device for paragraph (h)—walking frame, caliper, walking stick and artificial limb

The Penalties and Sentences Act 1992, sections 108B and 161Q also state a circumstance of aggravation for an offence against subsection (1)(b).

An indictment charging an offence against subsection (1)(b) 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.

A prisoner who unlawfully assaults a working corrective services officer commits a crime.Maximum penalty—

if the prisoner assaults a working corrective services officer in any of the following circumstances—

the prisoner bites or spits on the corrective services officer or throws at, or in any way applies to, the corrective services officer a bodily fluid or faeces;

the prisoner causes bodily harm to the corrective services officer;

the prisoner is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or

otherwise—7 years imprisonment.

A person who—

unlawfully assaults, or resists or wilfully obstructs, a public officer while the officer is performing a function of the officer’s office; orExample—A person unlawfully assaults an authorised officer under the Child Protection Act 1999 while the officer is investigating an allegation of harm to a child under that Act.

assaults a public officer because the officer has performed a function of the officer’s office;

if the offender assaults a public officer in any of the following circumstances—

the offender bites or spits on the public officer or throws at, or in any way applies to, the public officer a bodily fluid or faeces;

the offender causes bodily harm to the public officer;

the offender is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or

otherwise—7 years imprisonment.

The Penalties and Sentences Act 1992, section 108B also states a circumstance of aggravation for an offence against subsection (2AA).

In this section—corrective services facility see the Corrective Services Act 2006, schedule 4.corrective services officer see the Corrective Services Act 2006, schedule 4.office includes appointment and employment.prisoner see the Corrective Services Act 2006, schedule 4.public officer includes—

a member, officer or employee of a service established for a public purpose under an Act; andExample of a service—Queensland Ambulance Service established under the Ambulance Service Act 1991

a health service employee under the Hospital and Health Boards Act 2011; andExample—a person appointed as a health service employee to perform functions as a security officer, wardsperson, cleaner or food service worker

an authorised officer under the Child Protection Act 1999; and

a transit officer under the Transport Operations (Passenger Transport) Act 1994.

In this chapter, consent means free and voluntary agreement.

A person may withdraw consent to an act at any time.

A person who does not offer physical or verbal resistance to an act is not, by reason only of that fact, to be taken to consent to the act.

A person does not consent to an act just because they consented to—

a different act with the same person; or

the same act with the same person at a different time or place; or

the same act with a different person; or

a different act with a different person.

Circumstances in which a person does not consent to an act include the following—

the person does not say or do anything to communicate consent;

the person does not have the cognitive capacity to consent to the act;

the person is so affected by alcohol or another drug as to be incapable of consenting to the act;

the person is so affected by alcohol or another drug as to be incapable of withdrawing consent to the act;Note—This circumstance may apply where a person gave consent when not so affected by alcohol or another drug as to be incapable of consenting.

the person is unconscious or asleep;

the person participates in the act because of force, a fear of force, harm of any type or a fear of harm of any type, whether to that person or someone else or to an animal or property, regardless of—

when the force, harm or conduct giving rise to the fear occurs; or

whether it is, or is a result of, a single incident or is part of an ongoing pattern;

the person participates in the act because of coercion, blackmail or intimidation, regardless of—

when the coercion, blackmail or intimidation occurs; or

whether it occurs as a single incident or as part of an ongoing pattern;

the person participates in the act because the person or another person is unlawfully confined, detained or otherwise deprived of their personal liberty;

the person participates in the act because the person is overborne by the abuse of a relationship of authority, trust or dependence;

the person participates in the act because of a false or fraudulent representation about the nature or purpose of the act, including about whether the act is for health, hygienic or cosmetic purposes;

the person participates in the act with another person because the person is mistaken—

about the identity of the other person; or

that the person is married to the other person;

the person is a sex worker and participates in the act because of a false or fraudulent representation that the person will be paid or receive some reward for the act;

the person participates in the act with another person on the basis that a condom is used for the act and the other person does any of the following things before or during the act—

does not use a condom;

tampers with the condom;

removes the condom;

becomes aware that the condom is no longer effective but continues with the act.

If a person, against whom an offence under this chapter is alleged to have been committed, suffers grievous bodily harm as a result of, or in connection with, the offence, the grievous bodily harm suffered is evidence of the lack of consent on the part of the person unless the contrary is proved.

This section does not limit the grounds on which it may be established that a person does not consent to an act.

In this section—sex worker means a person who provides services to another person that involve the person participating in a sexual activity with the other person for payment or reward.sch 1 pt 5 ch 32 s 348AA ins 2024 No. 5 s 13amd 2024 No. 5s 13 (uncommenced amendment)348AMistake of fact in relation to consent

This section applies for deciding whether, for section 24, a person charged with an offence under this chapter did an act under an honest and reasonable, but mistaken, belief that another person consented to the act.

In deciding whether a belief of the person was honest and reasonable, regard may not be had to the voluntary intoxication of the person caused by alcohol, a drug or another substance.

A belief by the person that another person consented to an act is not reasonable if the person did not, immediately before or at the time of the act, say or do anything to ascertain whether the other person consented to the act.

Subsection (3) does not apply if the person proves that—

the person had at the time of the act—

a cognitive impairment within the meaning of section 348B; or

a mental health impairment within the meaning of section 348C; and

the impairment was a substantial cause of the person not saying or doing anything.

The person bears the burden of proving the matters mentioned in subsection (4).

Evidence adduced by the person of the matters mentioned in subsection (4) must include evidence given by a person qualified to give expert evidence on the matters.sch 1 pt 5 ch 32 s 348A ins 2021 No. 7 s 9amd 2024 No. 5 s 14348B Cognitive impairment

For the purposes of section 348A(4)(a)(i), a person has a cognitive impairment if—

the person has an ongoing impairment in adaptive functioning; and

the person has an ongoing impairment in comprehension, reason, judgment, learning or memory so as to affect functioning in daily life to a material extent; and

the impairments result from damage to or dysfunction, developmental delay or deterioration of the person’s brain or mind that may arise from a condition set out in subsection (2) or for other reasons.

A cognitive impairment may arise from any of the following conditions but may also arise for other reasons—

intellectual disability;

borderline intellectual functioning;

dementia;

an acquired brain injury;

drug or alcohol related brain damage, including fetal alcohol spectrum disorder;

autism spectrum disorder.

For the purposes of section 348A(4)(a)(ii), a person has a mental health impairment if—

the person has a temporary or ongoing disturbance of thought, mood, volition, perception or memory; and

the disturbance would be regarded as significant for clinical diagnostic purposes; and

the disturbance impairs the emotional wellbeing, judgment or behaviour of the person so as to affect functioning in daily life to a material extent.

A mental health impairment may arise from any of the following disorders but may also arise for other reasons—

an anxiety disorder;

an affective disorder;

a psychotic disorder;

a substance induced mental disorder.

A person does not have a mental health impairment for the purposes of section 348A(4)(a)(ii) if the person’s impairment is caused solely by the temporary effect of ingesting a substance.sch 1 pt 5 ch 32 s 348C ins 2024 No. 5 s 15349Rape

Any person who rapes another person is guilty of a crime.Maximum penalty—life imprisonment.

A person rapes another person if—

the person engages in penile intercourse with the other person without the other person’s consent; or

the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or

the person penetrates the mouth of the other person to any extent with the person’s penis without the other person’s consent.

For this section, a child under the age of 12 years is incapable of giving consent.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 32 s 349 ins 2000 No. 43 s 24amd 2003 No. 55 s 11; 2016 No. 62 s 117; 2023 No. 1 s 17350Attempt to commit rape

Any person who attempts to commit the crime of rape is guilty of a crime, and is liable to imprisonment for 14 years.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 32 s 350 orig s 350 amd 1975 No. 27 s 41 sch; 1988 No. 88 s 5 sch 2om 1989 No. 17 s 32pres s 350 (prev s 349) amd 1943 7 Geo 6 No. 14 s 13; 1988 No. 88 s 5 sch 2renum 2000 No. 43 s 23amd 2016 No. 62 s 118351Assault with intent to commit rape

Any person who assaults another with intent to commit rape is guilty of a crime, and is liable to imprisonment for 14 years.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 32 s 351 orig s 351 amd 1974 No. 57 s 8 sch; 1988 No. 88 s 5 sch 2om 2000 No. 43 s 25pres s 351 (prev s 336) amd 1988 No. 88 s 5 sch 2; 1990 No. 93 ss 11–12; 1997 No. 3 s 57reloc and renum 2000 No. 43 s 20amd 2016 No. 62 s 119352Sexual assaults

Any person who—

unlawfully and indecently assaults another person; or

procures another person, without the person’s consent—

to commit an act of gross indecency; or

to witness an act of gross indecency by the person or any other person;

However, the offender is liable to a maximum penalty of 14 years imprisonment for an offence defined in subsection (1)(a) or (1)(b)(i) if the indecent assault or act of gross indecency includes bringing into contact any part of the genitalia or the anus of a person with any part of the mouth of a person.

Further, the offender is liable to a maximum penalty of life imprisonment if—

immediately before, during, or immediately after, the offence, the offender is, or pretends to be, armed with a dangerous or offensive weapon, or is in company with any other person; or

for an offence defined in subsection (1)(a), the indecent assault includes the person who is assaulted penetrating the offender’s vagina, vulva or anus to any extent with a thing or a part of the person’s body that is not a penis; or

for an offence defined in subsection (1)(b)(i), the act of gross indecency includes the person who is procured by the offender penetrating the vagina, vulva or anus of the person who is procured or another person to any extent with a thing or a part of the body of the person who is procured that is not a penis.

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.sch 1 pt 5 ch 32 s 352 prev s 352 amd 1913 4 Geo 5 No. 25 s 2(iv); 1988 No. 88 s 5 sch 2om 1989 No. 17 s 32pres s 352 ins 2000 No. 43 s 26amd 2016 No. 62 s 120353sch 1 pt 5 ch 32 s 353 om 1977 No. 47 s 3 (7) sch 1 pt G Chapter 33Offences against liberty354Kidnapping

Any person who kidnaps another person is guilty of a crime.Maximum penalty—7 years imprisonment.

A person kidnaps another person if the person unlawfully and forcibly takes or detains the other person with intent to gain anything from any person or to procure anything to be done or omitted to be done by any person.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 33 s 354 amd 1986 No. 1 s 25; 1988 No. 88 s 5 sch 2sub 2000 No. 43 s 27amd 2003 No. 55 s 12; 2016 No. 62 s 121354AKidnapping for ransom

Any person who—

with intent to extort or gain anything from or procure anything to be done or omitted to be done by any person by a demand containing threats of detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, takes or entices away, or detains, the person in respect of whom the threats are made; or

receives or harbours the said person in respect of whom the threats are made, knowing such person to have been so taken or enticed away, or detained;

Any person who commits the crime of kidnapping for ransom is liable to imprisonment for 14 years.

If the person kidnapped has been unconditionally set at liberty without such person having suffered any grievous bodily harm, the offender is liable to imprisonment for 10 years.

Any person who attempts to commit the crime of kidnapping for ransom is guilty of a crime and is liable to imprisonment for 7 years.

The Penalties and Sentences Act 1992, section 161Q 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.sch 1 pt 5 ch 33 s 354A ins 1961 10 Eliz 2 No. 11 s 11amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s 33; 2003 No. 55 s 12; 2008 No. 55 s 62; 2016 No. 62 s 122355Deprivation of libertyAny person who unlawfully confines or detains another in any place against the other person’s will, or otherwise unlawfully deprives another of the other person’s personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.sch 1 pt 5 ch 33 s 355 amd 1988 No. 88 s 5 sch 2356False certificates by officers charged with duties relating to libertyAny person who—

being required by law to give any certificate touching any matter by virtue whereof the liberty of any person may be affected, gives a certificate which, in any material particular, is to the person’s knowledge false; or

not being a person authorised by law to give such a certificate as aforesaid, gives such a certificate, and represents himself or herself to be a person authorised to give the same;

being required by law to keep any record touching any matter relating to any person in confinement, refuses or neglects to keep such record, or makes in such record an entry which, in any material particular, is to the person’s knowledge false; or

being required by law to give any information to any person touching any person in confinement, or to show to any person any person in confinement, or any place in which a person is confined—

refuses or neglects to give such information, or to show such person or place, to any person to whom the person is so required to give the information or show the person or place; or

gives to any person to whom the person is so required to give it, information touching any such matter which, in any material particular, is to the person’s knowledge false;

A person (the first person) who threatens to cause a detriment to a second person with intent to prevent or hinder any person (the other person) other than the first person from doing any act which the other person is lawfully entitled to do, or with intent to compel the other person to do any act which the other person is lawfully entitled to abstain from doing, or with intent to cause public alarm or anxiety, commits a crime.Maximum penalty—5 years imprisonment.

The offender is liable to a maximum penalty of 10 years imprisonment if the threat is made to a law enforcement officer, or a person helping a law enforcement officer, when or because the officer is investigating the activities of a criminal organisation.

The following provisions also state a circumstance of aggravation for an offence against this section—

section 52B;

the Penalties and Sentences Act 1992, section 161Q.

If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 7 years.

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.sch 1 pt 5 ch 33 s 359 amd 1961 10 Eliz 2 No. 11 s 12; 1997 No. 9 s 24; 2008 No. 55 s 63; 2009 No. 53 s 150; 2016 No. 62 s 123; 2023 No. 26 s 18 Chapter 33AUnlawful stalking, intimidation, harassment or abusesch 1 pt 5 ch 33A hdg ins 1999 No. 18 s 3amd 2023 No. 1 s 18359ADefinitions for ch 33AIn this chapter—circumstances means the following circumstances—

the alleged stalker’s circumstances;

the circumstances of the stalked person known, foreseen or reasonably foreseeable by the alleged stalker;

the circumstances surrounding the unlawful stalking;

any other relevant circumstances.

apprehension or fear of violence to, or against property of, the stalked person or another person;

serious mental, psychological or emotional harm;

prevention or hindrance from doing an act a person is lawfully entitled to do;

compulsion to do an act a person is lawfully entitled to abstain from doing.Examples of paragraph (c)—A person no longer walks outside the person’s place of residence or employment.A person significantly changes the route or form of transport the person would ordinarily use to travel to work or other places.Example of paragraph (d)—A person sells a property the person would not otherwise sell.

property in which the person has an interest, whether or not the defendant also has an interest in the property; orNote—Under the Acts Interpretation Act 1954, schedule 1—interest, in relation to land or other property, means—

a legal or equitable estate in the land or other property; or

a right, power or privilege over, or in relation to, the land or other property.

property that is otherwise—

used and enjoyed by the person; or

available for the person’s use or enjoyment; or

in the person’s care or custody; or

at the premises at which the person is residing.

does not include any force or impact within the limits of what is acceptable as incidental to social interaction or to life in the community; and

against a person includes an act depriving a person of liberty; and

against property includes an act of damaging, destroying, removing, using or interfering with the property.

intentionally directed at a person (the stalked person); and

engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and

consisting of 1 or more acts of the following, or a similar, type—

following, loitering near, watching or approaching a person;

contacting a person in any way, including, for example, using any technology and over any distance;Examples of ways of contacting a person, including using technology—by telephone, mail, fax, SMS message, email, an app on a computer, smart phone or other electronic device, or an online social network

loitering near, watching, approaching or entering a place where a person lives, works or visits;

monitoring, tracking or surveilling a person’s movements, activities or interpersonal associations without the person’s consent, including, for example, using technology;Examples of monitoring, tracking or surveilling using technology—

leaving offensive material where it will be found by, given to or brought to the attention of, a person;

publishing offensive material on a website, social media platform or online social network in a way that will be found by, or brought to the attention of, a person;

giving offensive material to a person, directly or indirectly, including by using a website, social media platform or online social network;

an intimidating, harassing, threatening, humiliating or abusive act against a person, whether or not involving violence or a threat of violence;Example—publishing a person’s personal information, including, for example, the person’s home address or phone number, on a website

an act of violence, or a threat of violence, against, or against property of, anyone, including the defendant; and

that—

would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against property of, the stalked person or another person; or

causes detriment, reasonably arising in all the circumstances, to the stalked person or another person.

For section 359B(a), it is immaterial whether the person doing the unlawful stalking, intimidation, harassment or abuse—

intends that the stalked person be aware the conduct is directed at the stalked person; or

has a mistaken belief about the identity of the person at whom the conduct is intentionally directed.

For section 359B(a) and (c), it is immaterial whether the conduct directed at the stalked person consists of conduct carried out in relation to another person or property of another person.

For section 359B(b), it is immaterial whether the conduct throughout the occasion on which the conduct is protracted, or the conduct on each of a number of occasions, consists of the same or different acts.

For section 359B(d), it is immaterial whether the person doing the unlawful stalking, intimidation, harassment or abuse intended to cause the apprehension or fear, or the detriment, mentioned in the section.

For section 359B(d)(i), it is immaterial whether the apprehension or fear, or the violence, mentioned in the section is actually caused.sch 1 pt 5 ch 33A s 359C ins 1999 No. 18 s 3amd 2023 No. 1 s 20359DParticular conduct that is not unlawful stalking, intimidation, harassment or abuseUnlawful stalking, intimidation, harassment or abuse does not include the following acts—

acts done in the execution of a law or administration of an Act or for a purpose authorised by an Act;

acts done for the purposes of a genuine industrial dispute;

acts done for the purposes of a genuine political or other genuine public dispute or issue carried on in the public interest;

reasonable conduct engaged in by a person for the person’s lawful trade, business or occupation;

reasonable conduct engaged in by a person to obtain or give information that the person has a legitimate interest in obtaining or giving.

A person who unlawfully stalks, intimidates, harasses or abuses another person is guilty of a crime.

A person who commits the crime of unlawful stalking, intimidation, harassment or abuse is liable to a maximum penalty of imprisonment for 5 years.

However, a person is liable to a maximum penalty of imprisonment for 7 years if, for any of the acts constituting the unlawful stalking, intimidation, harassment or abuse, the person—

uses or intentionally threatens to use, violence against anyone or anyone’s property; or

possesses a weapon within the meaning of the Weapons Act 1990; or

contravenes or intentionally threatens to contravene an injunction or order imposed or made by a court or tribunal under a law of the Commonwealth or a State.

Also, a person is liable to a maximum penalty of imprisonment for 7 years if a domestic relationship exists between the person and the stalked person.

Further, a person is liable to a maximum penalty of imprisonment for 10 years if any of the acts constituting the unlawful stalking, intimidation, harassment or abuse are done when or because the stalked person is a law enforcement officer investigating the activities of a criminal organisation.

The following provisions also state a circumstance of aggravation for an offence against this section—

section 52B;

the Penalties and Sentences Act 1992, section 161Q.

If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 7 years.

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.sch 1 pt 5 ch 33A s 359E ins 1999 No. 18 s 3amd 2009 No. 53 s 151; 2016 No. 62 s 124; 2020 No. 15 s 49; 2023 No. 1 s 22; 2023 No. 26 s 19359FCourt may restrain unlawful stalking, intimidation, harassment or abuse

This section applies on the hearing before a court of a charge against a person of unlawful stalking, intimidation, harassment or abuse.

Whether the person is found guilty or not guilty or the prosecution ends in another way, if the presiding judge or magistrate considers it desirable, the judge or magistrate may constitute the court to consider whether a restraining order should be made against the person.

The judge or magistrate may act under subsection (2) on application by the Crown or an interested person or on the judge’s or magistrate’s own initiative.

Also, if the restraining order proceeding is started before the Supreme Court or the District Court, the court may order the proceeding to be transferred to a Magistrates Court.

If a court makes an order under subsection (4), the registrar of the court must send to the clerk of the relevant Magistrates Court a copy of the order and the record of proceedings of the hearing of the charge and any application mentioned in subsection (3).

The court hearing the restraining order proceeding may make a restraining order against the person in relation to any person or any property if it considers it desirable to do so having regard to the evidence given at the hearing of the charge and any application under subsection (3) and any further evidence the court may admit.

A restraining order takes effect on the day it is made and continues in force until—

the day stated by the court in the restraining order; or

if no day is stated, the day that is 5 years after the day the restraining order is made.

The court may order that a restraining order continues in force for a period of less than 5 years only if the court is satisfied that the safety of a person in relation to whom the restraining order is made is not compromised by the shorter period.

A restraining order may be varied or revoked at any time by the court, and, if the order provides, by another court.

A person who knowingly contravenes a restraining order commits an offence.Maximum penalty—120 penalty units or 3 years imprisonment.

However, if the person has been convicted of a domestic violence offence in the 5 years before the contravention, the person is guilty of a misdemeanour and is liable to a fine of 240 penalty units or imprisonment for 5 years.

A restraining order may be made against a person whether or not another order is made against the person in the proceeding for the charge.

A restraining order proceeding is not a criminal proceeding.

A question of fact for a decision under subsection (2) and in a restraining order proceeding must be decided on the balance of probabilities.

In this section—charge means the charge of unlawful stalking, intimidation, harassment or abuse mentioned in subsection (1).domestic violence offence includes an offence against the Domestic and Family Violence Protection Act 2012, part 7.

Any person who—

being married, goes through the form of marriage with any other person during the life of his or her wife or husband; or

goes through the form of marriage with any person whom he or she knows to be married;

It is a defence to a charge of either of the offences defined in this section to prove that at the time of committing the alleged offence the wife or husband of the person already married had been continually absent from him or her for the space of 7 years then last past, unless it is shown that the accused person knew that such wife or husband was living within that time.sch 1 pt 5 ch 34 s 360 amd 1943 7 Geo 6 No. 14 s 14; 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2361Unlawful celebration of marriageAny person who—

celebrates, or attempts or professes to celebrate, the marriage of any person who, to the person’s knowledge, is under the age of 18 years, and is not a widower or widow, without the written consent of some person authorised by law to give such consent, or with a written consent which, to the person’s knowledge, is not given by a person authorised by law to give it; or

celebrates, or attempts or professes to celebrate, any marriage contrary to the provisions of the laws relating to the solemnisation of marriage; or

celebrates, or attempts or professes to celebrate, any marriage in any case in which any provision of those laws has not been complied with, knowing that it has not been complied with; or

induces, or attempts to induce, any person to celebrate the marriage of any person who is to the knowledge of the offender under the age of 18 years, and is not a widower or widow, without the consent mentioned in paragraph (a), or with a consent which, to the person’s knowledge, is not given by a person authorised by law to give it, or to celebrate any marriage contrary to or without compliance with the laws relating to the solemnisation of marriage; or

marries a person who is, to his or her knowledge, under the age of 18 years, and is not a widow or widower, without the consent mentioned in paragraph (a), or with a consent which, to his or her knowledge, is not given by a person authorised by law to give it;

Any person who, with intent to deprive any parent, guardian, or other person who has the lawful care or charge, of a child under the age of 16 years, of the possession of such child, or with intent to steal any article upon or about the person of any such child—

forcibly or fraudulently takes or entices away, or detains, the child; or

receives or harbours the child, knowing it to have been so taken or enticed away or detained;

It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of a child whose parents were not married to each other at the time of its conception and have not since married each other, not being a child who has been adopted as aforesaid, is its mother or claimed in good faith to be its father.

In this section—corresponding parentage order means an order under a law of another State that provides for a parentage order similar to a parentage order under the Surrogacy Act 2010.parent includes—

for a child who has been legally adopted in Queensland or in another State—a person who has adopted the child; or

for a child whose parentage has been transferred by a parentage order under the Surrogacy Act 2010 or a corresponding parentage order—a person who is a parent of the child under the order; or

for a child whose parentage has been transferred under a cultural recognition order made under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020—a person who is a parent of the child under the order;

Any person who unlawfully takes an unmarried child under the age of 16 years out of the custody or protection of the child’s father or mother, or other person having the lawful care or charge of the child, and against the will of the father, mother or other person, is guilty of a crime, and is liable to imprisonment for 7 years.

It is immaterial that the offender believed the child to be of or above the age of 16 years.

It is immaterial that the child was taken with the consent of or at the suggestion of the child.sch 1 pt 5 ch 34 s 363A ins 1989 No. 17 s 35amd 1999 No. 66 s 9364Cruelty to children under 16

A person who, having the lawful care or charge of a child under 16 years, causes harm to the child by any prescribed conduct that the person knew or ought reasonably to have known would be likely to cause harm to the child commits a crime.Maximum penalty—7 years imprisonment.

In this section—harm, to a child, means any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing, whether temporary or permanent.prescribed conduct means—

failing to provide the child with adequate food, clothing, medical treatment, accommodation or care when it is available to the person from his or her own resources; or

failing to take all lawful steps to obtain adequate food, clothing, medical treatment, accommodation or care when it is not available to the person from his or her own resources; or

deserting the child; or

leaving the child without means of support.

A person who, having the lawful care or charge of a child under 12 years, leaves the child for an unreasonable time without making reasonable provision for the supervision and care of the child during that time commits a misdemeanour.Maximum penalty—3 years imprisonment.

Whether the time is unreasonable depends on all the relevant circumstances.sch 1 pt 5 ch 34 s 364A ins 2008 No. 55 s 64 Chapter 35Criminal defamationsch 1 pt 5 ch 35 hdg prev ch 35 hdg om 1995 No. 37 s 459 (2) sch 3 pt 1 div 2pres ch 35 hdg ins 2005 No. 55 s 48 sch 4365Criminal defamation

Any person who publishes matter defamatory of another living person (the relevant person)—

knowing the matter to be false or without having regard to whether the matter is true or false; and

intending to cause serious harm to the relevant person or any other person or without having regard to whether serious harm to the relevant person or any other person is caused;

However, the person does not commit an offence against subsection (1) if the person has a lawful excuse for the publication of the defamatory matter.

In a proceeding for an offence defined in this section, the accused person has a lawful excuse for the publication of defamatory matter about the relevant person if, and only if, subsection (4) or (5) applies.

This subsection applies if the accused person would, having regard only to the circumstances happening before or at the time of the publication, have had a relevant defence for the publication if the relevant person had brought civil proceedings for defamation against the accused person.

This subsection applies if, having regard to the circumstances happening before, at the time of publication or after the publication—

the accused person would not be liable for defamation for the publication under a relevant digital intermediary provision if the relevant person brought civil proceedings for defamation against the accused person; or

the accused person would have a digital intermediary defence for the publication if the relevant person brought civil proceedings for defamation against the accused person.

The prosecution has the burden of negativing the existence of a lawful excuse if, and only if, evidence directed to establishing the excuse is first adduced by or on behalf of the accused person.

Whether the matter complained of is capable of bearing a defamatory meaning is a question of law.

Whether the matter complained of does bear a defamatory meaning is a question of fact.

A person can not be prosecuted for an offence defined in this section without the consent of the director of public prosecutions.

In this section—defamatory has the meaning that it has in the law of tort (as modified by the Defamation Act 2005) relating to defamation.digital intermediary defence means the defence stated in the Defamation Act 2005, section 31A.modified statutory defence of justification means the defence stated in the Defamation Act 2005, section 25 as if that section provided that it is a defence to the publication of defamatory matter if the defendant proves that—

the defamatory imputations carried by the matter of which the relevant person complains are substantially true; and

it was for the public benefit that the publication should be made.

a defence available under the Defamation Act 2005 other than—

the statutory defence of failure to accept reasonable offer; or

the statutory defence of justification; or

the digital intermediary defence; or

the modified statutory defence of justification; or

a defence available other than under the Defamation Act 2005, including under the general law.

This chapter applies to an offence against—

section 320; or

section 323; or

section 340(1)(b), if the circumstances mentioned in section 340(1), penalty, paragraph (a) apply; or

section 340(2AA), if the circumstances mentioned in section 340(2AA), penalty, paragraph (a) apply.

This chapter applies in relation to proof of the circumstance of aggravation that the offence was committed in a public place while the person was adversely affected by an intoxicating substance.

Section 24 does not apply in relation to a belief of the person that the person is not adversely affected by an intoxicating substance.

A person is taken to be not adversely affected by an intoxicating substance at the relevant time if the person proves—

the person ingested an intoxicating substance that the person did not know the person was ingesting; and

an ordinary person would not reasonably have known the person was ingesting the intoxicating substance; and

the person would not be adversely affected by an intoxicating substance at the relevant time apart from that ingestion.

In this section—ingest includes drink, administer, inhale and smoke.sch 1 pt 5 ch 35A s 365B ins 2014 No. 42 s 17365CProof of being adversely affected by an intoxicating substance

A person is taken to be adversely affected by an intoxicating substance if—

the concentration of alcohol in the person’s blood is at least 150mg of alcohol in 100mL of blood; or

the concentration of alcohol in the person’s breath is at least 0.150g of alcohol in 210L of breath; or

any amount of a drug prescribed by regulation is present in the person’s saliva; or

the person fails to provide a specimen as required under the Transport Operations (Road Use Management) Act 1995, section 80 as applied under the Police Powers and Responsibilities Act 2000, chapter 18A.

However, subsection (1)(c) or (d) does not apply if the person proves he or she was not adversely affected by an intoxicating substance at the relevant time.

Subsection (1) does not limit the circumstances in which a person may be adversely affected by an intoxicating substance.sch 1 pt 5 ch 35A s 365C ins 2014 No. 42 s 17