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CRIMES ACT 1958 - SCHEDULE 8

Schedule 8––Forensic sample offences

Sections 464ZF, 464ZFAAA

A forensic sample offence is:

Offences against the person—non-sexual offences

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    2     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 4 (conspiracy to murder) (as amended) of the Crimes Act 1958 repealed on 1 June 1984 by section 8(b) of the Crimes (Conspiracy and Incitement) Act 1984 .

    *     *     *     *     *

    5     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985 :

        (a)     section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest);

        (b)     section 19 (inflicting bodily injury);

        (c)     section 19A (inflicting grievous bodily harm);

        (d)     section 20 (attempting to choke, etc. in order to commit an indictable offence).

    *     *     *     *     *

Offences against the person—sexual offences

    *     *     *     *     *

    7A     An offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000 .

    7B     An offence against section 46(1) (sexual penetration of child aged between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000 .

    8     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991 :

        (a)     section 40 (rape);

        (b)     section 41 (rape with aggravating circumstances);

        (c)     section 43 (indecent assault with aggravating circumstances).

    9     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) inserted in the Crimes Act 1958 on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 :

        (a)     section 44(1) (indecent assault);

        (b)     section 44(2) (indecent assault with aggravating circumstances);

        (c)     section 45(1) (rape);

        (d)     section 45(2) (attempted rape);

        (e)     section 45(2) (assault with intent to commit rape);

        (f)     section 45(3) (rape with aggravating circumstances);

        (g)     section 45(4) (attempted rape with aggravating circumstances);

        (h)     section 45(4) (assault with intent to commit rape with aggravating circumstances);

              (i)     section 47(1) (sexual penetration of child under the age of 10);

        (j)     section 47(2) (attempted sexual penetration of child under the age of 10);

        (k)     section 47(2) (assault with intent to take part in act of sexual penetration with child under the age of 10);

        (l)     section 48(1) (sexual penetration of child aged between 10 and 16);

        (m)     section 48(2) (attempted sexual penetration of child aged between 10 and 16);

        (n)     section 48(2) (assault with intent to take part in act of sexual penetration with child aged between 10 and 16);

        (o)     section 50(1) (gross indecency with child under the age of 16);

        (p)     section 51 (sexual penetration of mentally ill or intellectually defective person);

        (q)     section 51 (attempted sexual penetration of mentally ill or intellectually defective person);

        (r)     section 51 (assault with intent to take part in act of sexual penetration with mentally ill or intellectually defective person);

        (s)     section 52 (incest) but not section 52(4) or (5) if both people are aged 18 or older and each consented to taking part in the act of sexual penetration;

        (t)     section 54 (procuring persons by threats or fraud);

        (u)     section 55 (administration of drugs, etc.);

              (v)     section 56 (abduction and detention);

        (w)     section 61 (unlawful detention for purposes of sexual penetration).

    10     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 1 March 1981 by section 5 of the  Crimes (Sexual Offences) Act 1980 :

        (a)     section 44(1) (rape);

        (b)     section 44(2) (rape with mitigating circumstances);

        (c)     section 45 (attempted rape);

        (d)     section 45 (assault with intent to rape);

        (e)     section 46 (unlawfully and carnally knowing and abusing a girl under the age of 10);

        (f)     section 47 (attempting to unlawfully and carnally know and abuse girl under the age of 10);

        (g)     section 47 (assault with intent to unlawfully and carnally know and abuse girl under the age of 10);

        (h)     section 48(1) (unlawfully and carnally knowing and abusing girl aged between 10 and 16);

              (i)     section 48(2) (attempting to unlawfully and carnally know and abuse girl aged between 10 and 16);

        (j)     section 48(2) (assault with intent to unlawfully and carnally know and abuse girl aged between 10 and 16);

        (k)     section 52 (incest) but not section 52(3) or (4) if the woman or girl is the sister of the offender and both are aged 18 or older and the carnal knowledge or attempt or assault with intent to have unlawful carnal knowledge was or was made with the consent of the sister;

        (l)     section 54 (carnal knowledge of female mentally ill or intellectually defective person);

        (m)     section 54 (attempted carnal knowledge of female mentally ill or intellectually defective person);

        (n)     section 54 (assault with intent to carnally know female mentally ill or intellectually defective person);

        (o)     section 55(1) (indecent assault);

        (p)     section 55(3) (felonious indecent assault);

        (q)     section 57(1) or (2) (procuring defilement of woman by threats or fraud or administering drugs);

        (r)     section 59 (abduction of girl under eighteen with intent to have carnal knowledge);

        (s)     section 60 (unlawful detention with intent to have carnal knowledge);

        (t)     section 62 (forcible abduction of woman);

        (u)     section 68(1) (buggery);

              (v)     section 68(3A) or (3B) (indecent assault on male person);

        (w)     section 69(1) (act of gross indecency with girl under the age of 16).

    11     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 61 (abduction of woman from motives of lucre) of the Crimes Act 1958 repealed on 1 March 1980 by section 5 of the Crimes (Sexual Offences) Act 1980 .

    11A     An offence against section 38 or 39 of the Crimes Act 1958 inserted in the Crimes Act 1958 on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 .

    11B     An offence against section 40 of the Crimes Act 1958 inserted in the Crimes Act 1958 on 15 August 1993 by section 20 of the Sentencing (Amendment) Act 1993 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 .

    11C     An offence against section 34B(1) of the Crimes Act 1958 (offence to interfere with corpse of a human being) inserted in the Crimes Act 1958 on
1 July 2005 by section 185 of the Cemeteries and Crematoria Act 2003 and repealed by section 3 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11D     An offence against any of the following provisions of the  Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 :

        (a)     section 44(1), (2), (3) or (4) (incest);

        (b)     section 47(1) (indecent act with child under the age of 16);

        (c)     section 47A(1) (persistent sexual abuse of child under the age of 16);

        (d)     section 48(1) (sexual penetration of 16 or 17 year old child);

        (e)     section 53(1) (administration of drugs etc.);

        (f)     section 54 (occupier etc. permitting unlawful sexual penetration);

        (g)     section 55 (abduction or detention);

        (h)     section 56(1) or (2) (abduction of child under the age of 16);

              (i)     section 57(1) or (2) (procuring sexual penetration by threats or fraud);

        (j)     section 59(1) (bestiality).

    11E     An offence against section 45(1) of the Crimes Act 1958 (sexual penetration of child under the age of 16) inserted in the Crimes Act 1958 on 22 November 2000 by section 5 of the Crimes (Amendment) Act 2000 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11F     An offence against section 49(1) of the Crimes Act 1958 (indecent act with 16 or 17 year old child) inserted in the Crimes Act 1958 on 1 December 2006 by section 13 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11G     An offence against section 49A(1) of the Crimes Act 1958 (facilitating sexual offences against children) inserted in the Crimes Act 1958 on 13 June 1995 by section 93 of the Sex Work Act 1994 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11H     An offence against section 49B(2) of the Crimes Act 1958 (grooming for sexual conduct with child under the age of 16 years) inserted in the Crimes Act 1958 on 9 April 2014 by section 3 of the Crimes Amendment (Grooming) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11I     An offence against section 49C(2) of the Crimes Act 1958 (failure by person in authority to protect child from sexual offence) inserted in the Crimes Act   1958 on 1 July 2015 by section 3 of the Crimes Amendment (Protection of Children) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11J     An offence against section 51(1) or (2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services) inserted in the Crimes Act 1958 on 1 December 2006 by section 16 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11K     An offence against section 52(1) or (2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by workers) inserted in the Crimes Act 1958 on 1 December 2006 by section 17 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11L     An offence against section 53(2) of the Crimes Act 1958 (administration of drugs etc.) inserted in the Crimes Act 1958 on 11 February 2009 by section 3 of the Crimes Legislation Amendment (Food and Drink Spiking) Act 2009 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11M     An offence against section 58(1), (2) or (3) of the Crimes Act 1958 (procuring sexual penetration of a child) inserted in the Crimes Act 1958 on 1 December 2006 by section 18 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11N     An offence against section 60AB(2), (3) or (4) (sexual servitude), 60AC(1) (aggravated sexual servitude), 60AD(1) (deceptive recruiting for commercial sexual services) or 60AE(1) (aggravated deceptive recruiting for commercial sexual services) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 19 May 2004 by section 3 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11O     An offence against section 68(1) (production of child pornography) or 69(1) (procurement etc. of minor for child pornography) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 1 January 1996 by section 88 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11P     An offence against section 70(1) of the Crimes
Act 1958 (possession of child pornography) inserted in the Crimes Act 1958 on 22 November 2000 by section 6 of the Crimes (Amendment) Act 2000 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11Q     An offence against section 70AAAB(1) (administering a child pornography website), 70AAAC(1) (encouraging use of a website to deal with child pornography) or 70AAAD(1) (assisting a person to avoid apprehension) of the Crimes Act 1958 inserted in the Crimes Act 1958  on 1 December 2015 by section 6 of the Crimes Amendment (Child Pornography and Other Matters) Act 2015 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 .

    11R     An offence against section 70AC of the Crimes Act 1958 (sexual performance involving a minor) inserted in the Crimes Act 1958 on 19 May 2004 by section 7 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 .

    *     *     *     *     *

    12A     An offence that, at the time it was committed, was a forensic sample offence.

Property offences

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    14     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions of the Crimes Act 1958 repealed on 1 October 1974 by section 2(1)(b) of the Crimes (Theft) Act 1973 :

        (a)     section 117 (robbery; larceny from the person);

        (b)     section 118 (assault with intent to rob);

        (c)     section 119 (robbery with wounding);

        (d)     section 120 (robbery under arms or company);

        (e)     section 128 (burglary by breaking out);

        (f)     section 130 (burglary with wounding);

        (g)     section 132 (entering house at night with intent to commit a felony);

        (h)     section 133 (breaking into etc., building within curtilage);

              (i)     section 134 (house-breaking);

        (j)     section 135 (house-breaking etc., with intent etc.);

        (k)     section 138 (larceny in the house);

        (l)     section 139 (larceny with menaces).

    15     The common law offence of robbery abolished on 1 October 1974 by section 3(1) of the Crimes (Theft) Act 1973 .

    16     The common law offence of burglary abolished on 1 October 1974 by section 3(1) of the Crimes (Theft) Act 1973 .

    *     *     *     *     *

    18     An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions of the Crimes Act 1958 repealed on 1 July 1979 by section 2(1)(c) of the Crimes (Criminal Damage) Act 1978 :

        (a)     section 196 (setting fire to church etc.);

        (b)     section 197 (setting fire to house anyone being in it);

        (c)     section 199 (setting fire to railway buildings etc.);

        (d)     section 200 (setting fire to public buildings);

        (e)     section 201 (setting fire to other buildings);

        (f)     section 202 (setting fire to goods in buildings);

        (g)     section 203 (attempting to set fire to buildings).

    19     An offence against section 203A (placing inflammable substance with intent to destroy, damage, etc.) (as amended) of the Crimes Act 1958 repealed on 1 July 1979 by section 2(1)(c) of the Crimes (Criminal Damage) Act 1978 .

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Explosive substances

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Parties to offence

    *     *     *     *     *

Drug offences

    *     *     *     *     *

    29     An offence against section 71 of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 (trafficking in a drug of dependence).

    30     An offence against section 72(1)(ab) of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 (cultivation of a narcotic plant in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant).

    31     An offence against section 72(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 (cultivation of a narcotic plant for a purpose related to trafficking in that narcotic plant).

New Sch. 9 inserted by No. 3/2019 s. 78.



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