Crimes Act 1958

• 1 Short title and commencement
• 2 Repeals and savings
• 2A Definitions
• 2B Offences under this Act deemed to be indictable offences

Part I - Offences

Division 1 - Offences against the person

Subdivision (1) - Homicide

• 3 Punishment for murder
• 3A Unintentional killing in the course or furtherance of a crime of violence
• 3B Provocation no longer a partial defence to murder
• 4A Manslaughter—single punch or strike taken to be dangerous act
• 5 Punishment of manslaughter
• 5A Child homicide
• 5B Homicide by firearm
• 5C Relationship between manslaughter, child homicide and homicide by firearm
• 6 Infanticide
• 6A Suicide no longer a crime
• 6B Survivor of suicide pact who kills deceased party is guilty of manslaughter
• 8 Petit treason
• 9 Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria
• 9AA Abolition of year-and-a-day rule

Subdivision (1A) - Treasonable offences

• 9A Treason

Subdivision (4) - Offences against the person

• 15 Definitions
• 15A Causing serious injury intentionally in circumstances of gross violence
• 15B Causing serious injury recklessly in circumstances of gross violence
• 15C Other offenders need not be prosecuted
• 16 Causing serious injury intentionally
• 17 Causing serious injury recklessly
• 18 Causing injury intentionally or recklessly
• 19 Offence to administer certain substances
• 20 Threats to kill
• 21 Threats to inflict serious injury
• 21A Stalking
• 22 Conduct endangering life
• 23 Conduct endangering persons
• 24 Negligently causing serious injury
• 25 Setting traps etc. to kill
• 26 Setting traps etc. to cause serious injury
• 27 Extortion with threat to kill
• 28 Extortion with threat to destroy property etc.
• 29 Using firearm to resist arrest etc.
• 30 Threatening injury to prevent arrest
• 31 Assaults
• 31A Use of firearms in the commission of offences
• 31B Being armed with criminal intent
• 31C Discharging a firearm reckless to safety of a police officer or a protective services officer
• 31D Intimidation of a law enforcement officer or a family member of a law enforcement officer
• 32 Offence to perform female genital mutilation
• 33 Offence to take a person from the State with the intention of having prohibited female genital mutilation performed
• 34 Consent not a defence to a charge under sections 32 or 33
• 34A Exceptions to offences under section 32

Subdivision (4A) - Non-fatal strangulation

• 34AB Definitions
• 34AC Guiding principles
• 34AD Non-fatal strangulation intentionally causing injury
• 34AE Non-fatal strangulation
• 34AF Sexual activity and consent defence to offence of non-fatal strangulation
• 34AG Sexual activity and consent defence—meaning of consent
• 34AH Sexual activity and consent defence—circumstances in which a person does not consent
• 34AI Sexual activity and consent defence—reasonable belief in consent
• 34AJ Sexual activity and consent defence—effect of intoxication on standard to be applied in determining reasonable belief
• 34AK No defence of mistaken but honest and reasonable belief regarding relationship
• 34AL Review of amendments made by Crimes Amendment (Non-fatal Strangulation) Act 2023

Subdivision (5) - Corpses

• 34B Sexual activity with the corpse of a human being
• 34BA Removal of body parts from the corpse of a human being
• 34BB Offensive conduct involving human remains
• 34BC Location of corpse or human remains immaterial
• 34BD Exceptions
• 34BE No defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive

Subdivision (8) - Sexual offences (general provisions)

• 35 Definitions
• 35A Sexual penetration
• 35B Touching
• 35C Taking part in a sexual act
• 35D Sexual activity
• 36 Consent
• 36AA Circumstances in which a person does not consent
• 36A Reasonable belief in consent
• 36B Effect of intoxication on standard to be applied in determining reasonable belief
• 37 Care, supervision or authority
• 37A Objectives of Subdivisions (8A) to (8G)
• 37B Guiding principles

Subdivision (8A) - Rape, sexual assault and associated sexual offences

• 38 Rape
• 39 Rape by compelling sexual penetration
• 40 Sexual assault
• 41 Sexual assault by compelling sexual touching
• 42 Assault with intent to commit a sexual offence
• 43 Threat to commit a sexual offence
• 44 Procuring sexual act by threat
• 45 Procuring sexual act by fraud
• 46 Administration of an intoxicating substance for a sexual purpose
• 47 Abduction or detention for a sexual purpose
• 48 Sexual activity directed at another person
• 48A Exceptions—medical, hygienic, veterinary, agricultural or scientific purposes
• 48B No defence of mistaken but honest and reasonable belief that touching or activity was not sexual

Subdivision (8B) - Sexual offences against children

• 49A Sexual penetration of a child under the age of 12
• 49B Sexual penetration of a child under the age of 16
• 49C Sexual penetration of a child aged 16 or 17 under care, supervision or authority
• 49D Sexual assault of a child under the age of 16
• 49E Sexual assault of a child aged 16 or 17 under care, supervision or authority
• 49F Sexual activity in the presence of a child under the age of 16
• 49G Sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority
• 49H Causing a child under the age of 16 to be present during sexual activity
• 49I Causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity
• 49J Persistent sexual abuse of a child under the age of 16
• 49K Encouraging a child under the age of 16 to engage in, or be involved in, sexual activity
• 49L Encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity
• 49M Grooming for sexual conduct with a child under the age of 16
• 49N Loitering near schools etc. by sexual offender
• 49O Failure by a person in authority to protect a child from a sexual offence
• 49P Abduction or detention of a child under the age of 16 for a sexual purpose
• 49Q Causing or allowing a sexual performance involving a child
• 49R Inviting or offering a sexual performance involving a child
• 49S Facilitating a sexual offence against a child
• 49T Exception to sexual penetration offences—medical or hygienic purposes
• 49U Exceptions to offences against children under 16— similarity in age
• 49V Defence to offence against a child under 16— similarity in age
• 49W Defences to offences against children under 16— reasonable belief as to age
• 49X Defences to offences against children aged 16 or 17 or under 18—reasonable belief as to age
• 49Y Exceptions to offences against children aged 16 or 17—marriage or domestic partnership
• 49Z Defences to offences against children aged 16 or 17—reasonable belief as to marriage or domestic partnership
• 49ZA Defences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority
• 49ZB Exception to loitering offence
• 49ZC No defence of mistaken but honest and reasonable belief of certain matters

Subdivision (8C) - Incest

• 50A Definitions
• 50B Rebuttable presumption as to family relationship
• 50C Sexual penetration of a child or lineal descendant
• 50D Sexual penetration of a step-child
• 50E Sexual penetration of a parent, lineal ancestor or step-parent
• 50F Sexual penetration of a sibling or half-sibling
• 50G Exception—medical or hygienic purposes
• 50H Defence—accused did not consent
• 50I Exception to offences against section 50D
• 50J Exceptions to offences against section 50E
• 50K Consent not a defence

Subdivision (8D) - Child abuse material

• 51A Definitions
• 51B Involving a child in the production of child abuse material
• 51C Producing child abuse material
• 51D Distributing child abuse material
• 51E Administering a website used to deal with child abuse material
• 51F Encouraging use of a website to deal with child abuse material
• 51G Possession of child abuse material
• 51H Accessing child abuse material
• 51I Assisting a person to avoid apprehension
• 51J Exception—administration of the law
• 51K Exception—classification
• 51L Defence of artistic merit or public benefit
• 51M Exceptions applying to children
• 51N Defence applying to children
• 51O Defence—image of oneself
• 51P Defence—accused not more than 2 years older than
• 16 or 17 year old child and acts with child's consent
• 51Q Defence—marriage or domestic partnership
• 51R Defence—reasonable belief in marriage or domestic partnership
• 51S Defence—reasonable steps to prevent use of a website for child abuse material
• 51T Defence—unsolicited possession
• 51U No defence of mistaken but honest and reasonable belief that child abuse material not offensive
• 51V Use of random sample evidence in child abuse material cases
• 51W Application for child abuse material disposal order
• 51X Child abuse material disposal order
• 51Y Disposal of thing or material by consent

Subdivision (8E) - Sexual offences against persons with a cognitive impairment or mental illness

• 52A Definitions
• 52B Sexual penetration of a person with a cognitive impairment or mental illness
• 52C Sexual assault of a person with a cognitive impairment or mental illness
• 52D Sexual activity in the presence of a person with a cognitive impairment or mental illness
• 52E Causing a person with a cognitive impairment or mental illness to be present during sexual activity
• 52F Exceptions to sexual penetration offence—medical, hygienic, veterinary, agricultural or scientific purposes
• 52G Exception—marriage or domestic partnership
• 52H Defence—reasonable belief in marriage or domestic partnership
• 52I Defence—reasonable belief a person does not have a cognitive impairment or mental illness
• 52J Defence—reasonable belief the service provider does not provide treatment or support services to the person with a cognitive impairment or mental illness
• 52K No defence of mistaken but honest and reasonable belief of certain matters

Subdivision (8F) - Sexual servitude

• 53A Definitions
• 53B Using force, threat etc. to cause another person to provide commercial sexual services
• 53C Causing another person to provide commercial sexual services in circumstances involving sexual servitude
• 53D Conducting a business in circumstances involving sexual servitude
• 53E Aggravated sexual servitude
• 53F Deceptive recruiting for commercial sexual services
• 53G Aggravated deceptive recruiting for commercial sexual services

Subdivision (8FAA) - Commercial sexual services

• 53H Causing or inducing a child to take part in commercial sexual services
• 53I Obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child
• 53J Agreement for provision of commercial sexual services by a child
• 53K Allowing a child to take part in commercial sexual services
• 53L Forcing a person into or to remain in commercial sexual service
• 53M Forcing a person to provide financial support out of commercial sexual services
• 53N Living on the earnings of a person providing unlawful commercial sexual services

Subdivision (8FAAB) - Producing, distributing or threatening to distribute intimate images

• 53O Definitions
• 53P Meaning of consent
• 53Q Circumstances in which a person does not consent
• 53R Producing intimate image
• 53S Distributing intimate image
• 53T Threat to distribute intimate image
• 53U Community standards of acceptable conduct
• 53V No defence of honest and reasonable mistake
• 53W Consent of Director of Public Prosecutions required if accused is under 16 years of age
• 53X Application for intimate image disposal order
• 53Y Notice of application for intimate image disposal order and entitlement to appear
• 53Z Intimate image disposal order
• 53ZA Appeal against intimate image disposal order
• 53ZB Disposal of thing or material by consent

Subdivision (8FA) - Other sexual offences

• 54A Bestiality
• 54B Exception—veterinary, agricultural or scientific research
• 54C Abolition of common law offence of wilful exposure

Subdivision (8G) - Abrogation of obsolete rules of law

• 62 Abrogation of obsolete rules of law

Subdivision (9) - Child stealing

• 63 Child stealing

Subdivision (9A) - Kidnapping

• 63A Kidnapping

Subdivision (10) - Bigamy

• 64 Bigamy

Subdivision (11) - Attempts to procure abortion

• 65 Abortion performed by unqualified person
• 66 Abortion—Abolition of common law offences

Subdivision (12) - Concealing the birth of a child3

• 67 Concealing birth of a child

Division 1A - Piracy

• 70A Piracy with violence
• 70B Piratical acts
• 70C Trading etc. with pirates
• 70D Being found on board piratical vessel and unable to prove non-complicity

Division 2 - Theft and similar or associated offences

• 71 Definitions
• 72 Basic definition of theft
• 73 Further explanation of theft

Theft, robbery, burglary, &c.

• 74 Theft
• 74AA Theft of firearm
• 75 Robbery
• 75A Armed robbery
• 76 Burglary
• 77 Aggravated burglary
• 77A Home invasion
• 77B Aggravated home invasion
• 77C Alternative verdict for charge of aggravated home invasion
• 78 Removal of articles from places open to the public
• 79 Carjacking
• 79A Aggravated carjacking
• 80 Unlawfully taking control of an aircraft

Fraud and blackmail

• 80A Extra-territorial offences
• 81 Obtaining property by deception
• 82 Obtaining financial advantage by deception
• 83 False accounting
• 83A Falsification of documents
• 83B Abolition of common law offences of forgery and uttering
• 84 Liability of company officers for certain offences by company
• 85 False statements by company directors etc.
• 86 Suppression etc. of documents
• 87 Blackmail

Offences relating to goods stolen, &c.

• 88 Handling stolen goods
• 88A Alternative charges of theft and handling stolen goods
• 89 Advertising rewards for return of goods stolen or lost
• 90 Scope of offences relating to stolen goods

Possession of housebreaking implements, &c.

• 91 Going equipped for stealing etc.
• 92 Search for stolen goods
• 93 Procedure and evidence

General and consequential provisions

• 95 Husband and wife

Secret commissions prohibition

• 175 Definitions5
• 176 Receipt or solicitation of secret commission by an agent an indictable offence6
• 177 Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to agent7
• 178 Giving or receiving false or misleading receipt or account an indictable offence8
• 179 Gift or receipt of secret commission in return for advice given9
• 180 Corrupt inducement or reward for replacement of trustee
• 181 Aiding and abetting offences within or outside Victoria10
• 182 Liability of directors etc. acting without authority11
• 184 Protection of witness giving answers criminating himself12
• 185 Stay of proceedings against such witness13
• 186 Custom of itself no defence14

Fraudulently inducing persons to invest

• 191 Fraudulently inducing persons to invest money

Division 2AA - Identity crime

• 192A Definitions
• 192B Making, using or supplying identification information
• 192C Possession of identification information
• 192D Possession of equipment used to make etc. identification documentation
• 192E Not an offence to attempt to commit an identity crime offence

Division 2A - Money laundering etc.

• 193 Definitions
• 194 Dealing with proceeds of crime
• 195 Dealing with property suspected of being proceeds of crime
• 195A Dealing with property which subsequently becomes an instrument of crime

Division 2B - Cheating at gambling

• 195B Interpretation
• 195C Engaging in conduct that corrupts or would corrupt a betting outcome of event or event contingency
• 195D Facilitating conduct that corrupts or would corrupt a betting outcome of event or event contingency
• 195E Concealing conduct, agreement or arrangement
• 195F Use of corrupt conduct information for betting purposes

Division 2C - Offences against public order and grossly offensive public conduct

• 195G Abolition of certain common law offences against public order
• 195H Affray
• 195I Violent disorder
• 195J Abolition of common law offence of outraging public decency
• 195K Grossly offensive public conduct
• 195L Consent of Director of Public Prosecutions required

Division 2D - Serious vilification

• 195M Definitions
• 195N Incitement on ground of protected attribute
• 195O Threaten physical harm or property damage on ground of protected attribute
• 195P Irrelevant whether incorrect about protected attribute
• 195Q Prosecution of offences
• 195R Criminal liability of officers of bodies corporate— accessorial liability

Division 2E - Performance crime

• 195S Definitions
• 195T Meaning of publish
• 195U Meaning of relevant offence
• 195V Publishing material about the commission of a relevant offence
• 195W Issue of search warrant by magistrate in respect of performance crime offence

Division 2F - Use of knives in the commission of certain indictable offences

• 195X Use of knives in the commission of certain indictable offences

Division 3 - Criminal damage to property

Subdivision (1) - General offences and procedural provisions

• 196 Definition
• 197 Destroying or damaging property
• 197A Arson causing death
• 198 Threats to destroy or damage property
• 199 Possessing anything with intent to destroy or damage property
• 201 Lawful excuse
• 201A Intentionally or recklessly causing a bushfire
• 202 Jurisdiction of magistrates' courts

Subdivision (2) - Injuries to buildings &c. by rioters and forcible entries and detainers

• 206 Rioters demolishing buildings15
• 207 Forcible entry

Subdivision (3) - Interference with mines, sea banks &c., railways and navigation aids

• 225 Conveying water into a mine
• 228 Removing etc. piles of sea banks
• 232 Placing things on railways to obstruct or overturn engine etc.16
• 233 Obstructing engine, carriage etc. on railway17
• 244 Altering signals or exhibiting false ones
• 245 Removing buoy etc.

Subdivision (4) - Injuries to aircraft

• 246A Endangering safe operation of an aircraft
• 246B Setting fire etc. to aircraft
• 246C Endangering safety of aircraft
• 246D Dangerous goods on aircraft
• 246E Threats to safety of aircraft

Subdivision (5) - False statements

• 247 False statements

Subdivision (6) - Computer offences

• 247A Interpretation
• 247B Unauthorised access, modification or impairment with intent to commit serious offence
• 247C Unauthorised modification of data to cause impairment
• 247D Unauthorised impairment of electronic communication
• 247E Possession of data with intent to commit serious computer offence
• 247F Producing, supplying or obtaining data with intent to commit serious computer offence
• 247G Unauthorised access to or modification of restricted data
• 247H Unauthorised impairment of data held in computer disk, credit card or other device
• 247I Extra-territorial operation of offences

Subdivision (7) - Sabotage

• 247J Interpretation
• 247K Sabotage
• 247L Threats to sabotage

Division 4 - Contamination of goods

• 248 Interpretation
• 249 Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
• 250 Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
• 251 Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
• 252 Territorial nexus for offences

Division 5 - Destruction of evidence

• 253 Definitions
• 254 Destruction of evidence
• 255 Corporate criminal responsibility for offence against section 254

Division 5A - Intimidation and reprisals relating to witnesses, etc.

• 256 Interpretation
• 257 Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding

Division 6 - Perjury

• 314 Perjury
• 315 All evidence material with respect to perjury

Division 7 - Unlawful oaths

• 316 Unlawful oaths to commit treason, murder etc.

Division 8 - Offences connected with explosive substances18

• 317 Offences connected with explosive substances
• 317A Bomb hoaxes

Division 8A - Driving offences connected with emergency workers, custodial officers, youth justice custodial workers and emergency service vehicles

• 317AB Interpretation
• 317AC Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
• 317AD Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
• 317AE Recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
• 317AF Aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
• 317AG Damaging an emergency service vehicle

Division 9 - Driving offences connected with motor vehicles

• 317B Interpretation
• 318 Culpable driving causing death
• 319 Dangerous driving causing death or serious injury
• 319AA Dangerous or negligent driving while pursued by police

Division 9AA - Offences connected with dangerous, menacing and restricted breed dogs and related court powers

Subdivision (1) - Offences

• 319A Definitions
• 319B Failure to control dangerous, menacing or restricted breed dog that kills person
• 319C Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death

Subdivision (2) - Disqualification of person from owning or being in charge or control of a dog

• 319D Court may disqualify person from owning or being in charge or control of a dog
• 319E Search warrant for failure to comply with court order
• 319F Certain sections of the Domestic Animals Act 1994 apply to search warrant under this section
• 319G Order under section 319D may be suspended
• 319H Person subject to order under section 319D may apply for variation, suspension or revocation of order
• 319I Power of court to vary etc. order under section 319D
• 319J Person may not make another application for variation, suspension or revocation of order for
• 12 months
• 319K Orders under section 319D are to operate consecutively
• 319L Person must comply with order under section 319D

Division 9A - Penalties for certain common law offences

• 320 Maximum term of imprisonment for certain common law offences
• 320A Maximum term of imprisonment for common assault in certain circumstances

Division 10 - Conspiracy

• 321 Conspiracy to commit an offence
• 321AA Agreement with child who may not be criminally responsible
• 321A Agreements to commit offences outside Victoria
• 321B As to consequences of acquittal of co-conspirators
• 321C Penalties for conspiracy
• 321D Application of certain provisions
• 321E Limitations on prosecution
• 321F Abolition of certain offences of conspiracy at common law

Division 11 - Incitement

• 321G Incitement
• 321GA Incitement of child who may not be criminally responsible
• 321H Incitement to commit offences outside Victoria The expression the commission of an offence in
• 321I Penalties for incitement
• 321J Application of certain provisions
• 321K Limitations on prosecution
• 321L Incitement at common law abolished

Division 11A - Recruiting a child to engage in criminal activity

• 321LA Definitions
• 321LB Recruiting a child to engage in criminal activity
• 321LC Child need not engage in conduct or be prosecuted or found guilty of an offence
• 321LD Limitation on prosecution

Division 12 - Attempts

• 321M Attempt
• 321N Conduct constituting attempt
• 321O Attempts to commit offence outside Victoria
• 321P Penalties for attempt
• 321Q Limitations on prosecution
• 321R Application of Division
• 321S Abolition of attempt at common law

Part IA - Abolition of obsolete offences

• 322A Maintenance and certain other offences abolished

Part IB - Abolition of historical classifications

• 322B Abolition of distinctions between felony and misdemeanour
• 322C Nomenclature
• 322D Transitional provisions
• 322E Treason and misprision of treason not affected
• 322F Other enactments not affected

Part IC - Self-defence, duress, sudden or extraordinary emergency and intoxication

Division 1 - General

• 322G Application of Part
• 322H Definitions
• 322I Onus of proof
• 322J Evidence of family violence

Division 2 - Self-defence

• 322K Self-defence
• 322L Self-defence does not apply to a response to lawful conduct
• 322M Family violence and self-defence
• 322N Abolition of self-defence at common law

Division 3 - Duress

• 322O Duress
• 322P Family violence and duress
• 322Q Abolition of duress at common law

Division 4 - Sudden or extraordinary emergency

• 322R Sudden or extraordinary emergency
• 322S Abolition of necessity at common law

Division 5 - Intoxication

• 322T Intoxication

Part II - Offenders

Division 1 - Abettors, accessories and concealers of offences

Subdivision (1) - Complicity in commission of offences

• 323 Interpretation
• 324 Person involved in commission of offence taken to have committed the offence
• 324A Other offenders need not be prosecuted or found guilty
• 324AB Complicity with child who may not be criminally responsible
• 324B Offender's role need not be determined
• 324C Abolition of certain aspects of complicity at common law

Subdivision (3) - Accessories

• 325 Accessories

Subdivision (4) - Concealers of offences

• 326 Concealing offences for benefit
• 327 Failure to disclose sexual offence committed against child under the age of 16 years
• 328 Protection of those who disclose under section 327
• 329 Evidence and legal proceedings
• 330 Confidentiality

Division 3 - Criminal liability of married persons

• 336 Marital coercion
• 337 Misprision
• 338 Accessory after the fact
• 339 Conspiracy and incitement

Part IIA - Extra-territorial offences

• 340 Definitions
• 341 Issue of search warrant
• 342 Authority conferred by and other incidents of a search warrant
• 343 Obstruction
• 344 Ministerial arrangements for transmission and return of seized objects
• 345 Regulations

Part III - Procedure and punishment

Division 1 - Pleading procedure, proof &c.

Subdivision (14) - Evidence. Depositions. Subpoenas and warrants against witnesses

• 404 Proof of marriage on trial for bigamy
• 405 Meaning of term official record

Subdivision (19) - Verdicts. Attempts, &c.

• 420A Where person charged with unlawful publication of defamatory matter
• 421 Alternative verdicts on charge of murder
• 422 Alternative verdict on charge of causing serious injury in circumstances of gross violence
• 422A Alternative verdict for certain charges relating to driving
• 425 Alternative verdicts for certain sexual offences
• 426 Alternative verdict for identity crime offences
• 427 Alternative verdict for destroying property charges
• 428 Alternative verdict for charges of unauthorised modification of data to cause impairment
• 429 Alternative verdict for charges of unauthorised impairment of electronic communication
• 435 Alternative verdict for charges relating to riots

Subdivision (29A) - Giving name and address on demand

• 456AA Requirement to give name and address

Subdivision (30) - Apprehension of offenders

• 457 No person to be arrested without warrant except under this Act etc.
• 458 Person found committing offences may be arrested without warrant by any person
• 459 Powers of police officer or protective services officer to apprehend offenders
• 459A Entry and search of premises
• 461 Arrest on reasonable grounds not to be taken to be unlawful
• 462 Definition of finds committing
• 462A Use of force to prevent the commission of an indictable offence
• 463A Arrest of offenders on board aircraft
• 463B Prevention of suicide

Subdivision (30A) - Custody and investigation

• 464 Definitions
• 464AA Digital recordings
• 464AAB Investigating official to ask whether person in custody is an Aboriginal or Torres Strait Islander person
• 464A Detention of person in custody
• 464B Questioning or investigation of person already held for another matter
• 464C Right to communicate with friend, relative and legal practitioner
• 464D Right to an interpreter
• 464E Persons under 18 years
• 464F Right of foreign national to communicate with consular office
• 464FA Victorian Aboriginal Legal Service to be notified if Aboriginal person or Torres Strait Islander taken into custody
• 464G Recording of information required to be given to person in custody
• 464H Recording of confessions and admissions
• 464I No power to detain person not under arrest
• 464J Right to remain silent etc. not affected
• 464JA Offences in relation to recordings
• 464JB Court may give directions in relation to a recording
• 464JC Retention of copy of recording
• 464JD Use of recordings for training, teaching or testing purposes

Fingerprinting

• 464K Fingerprinting of adults and children aged 15 or above
• 464L Fingerprinting of children aged 14 or under
• 464M Children's Court may order fingerprinting
• 464N Taking of fingerprints
• 464NA Fingerscanning for identification purposes
• 464NB Other purposes for the use or disclosure of fingerprint information
• 464O Destruction of records
• 464P Records of juvenile
• 464Q Evidence of fingerprints

Forensic procedures and DNA profile samples

• 464R Forensic procedure on adult
• 464S Informed consent32
• 464SA Senior police officer may authorise non-intimate compulsory procedure for certain adults
• 464SB Making or refusing authorisation
• 464SC DNA profile sample from DNA person
• 464SD Informed consent—DNA person and their parent or guardian
• 464SE Senior police officer may authorise the taking of a DNA profile sample from DNA person
• 464SF Making or refusing authorisation—DNA profile sample
• 464T Court may order compulsory procedure
• 464U Forensic procedure on child
• 464V Interim orders
• 464W Application by audio link or audio visual link for interim order
• 464WA Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 is not engaged
• 464X Warrants
• 464Y Caution before forensic procedure or taking of a DNA profile sample
• 464Z Procedure for taking samples etc.
• 464ZA Execution of authorisation, direction or order
• 464ZB Analysis of samples
• 464ZC Analysis of material found at scene of offence etc.
• 464ZD Forensic reports to be made available
• 464ZE Evidence relating to forensic procedures or DNA profile samples37
• 464ZF Forensic procedure following the commission of forensic sample offence
• 464ZFAAA Forensic procedure following finding of not guilty because of mental impairment
• 464ZFAA Notice to attend for forensic procedure
• 464ZFAB DNA profile sample from registrable offenders under the Sex Offenders Registration Act 2004
• 464ZFAC Senior police officer authorisation—to take DNA profile sample from certain adults
• 464ZFAD Notice to attend—to take DNA profile sample from certain adults
• 464ZFAE Senior police officer may authorise taking a DNA profile sample from certain adults and children who have previously provided a sample
• 464ZFA Warrants issued for forensic procedures under section 464ZF or 464ZFAAA
• 464ZFB Retention of information following finding of guilt etc.
• 464ZFC Destruction of information following finding of guilt etc.
• 464ZFD Victorian DNA database
• 464ZFE Report to Attorney-General
• 464ZG Destruction of identifying information
• 464ZGA Forensic information from juveniles
• 464ZGB Samples given voluntarily
• 464ZGC Withdrawal of consent prior to giving sample
• 464ZGD Procedure to take sample
• 464ZGE Safeguards after giving sample
• 464ZGF Application to court where consent to retention of sample withdrawn
• 464ZGFA Voluntary samples given by police or VIFM personnel
• 464ZGFB Destruction of samples given by police and VIFM personnel and storage of DNA information

Destruction of identifying information for children under 12

• 464ZGFC Destruction of fingerprints for children under
• 12 years of age
• 464ZGFD Destruction of samples and other identifying information for children under 12 years of age

DNA database systems

• 464ZGG Supply of forensic material for purposes of DNA database
• 464ZGH Use of information on Victorian DNA database
• 464ZGI Permissible matching of DNA profiles
• 464ZGJ Recording, retention and removal of identifying information on DNA database
• 464ZGK Disclosure of Victorian information

Inter-jurisdictional enforcement

• 464ZGL Registration of orders
• 464ZGM Carrying out of registered orders
• 464ZGN Arrangements for transmission of information on DNA database
• 464ZGO Taking, retention and use of forensic material authorised by laws of other jurisdictions

General

• 464ZH Immunity of medical practitioners, nurses, midwives, dentists and other persons
• 464ZI Supreme Court—limitation of jurisdiction
• 464ZJ Regulations
• 464ZK Operation of other Acts
• 464ZL Validation of certain orders
• 464ZLA Validation of sample taken in accordance with section 464ZFAB

Oversight by IBAC

• 464ZM Functions of IBAC
• 464ZN Chief Commissioner of Police to report to IBAC
• 464ZO Inspection of records by authorised officers
• 464ZP IBAC to report to the Attorney-General
• 464ZQ Recommendations
• 464ZR Attorney-General may make a complaint to the IBAC
• 464ZS Immunity of the IBAC and sworn IBAC Officers

Subdivision (31) - Search warrants for and seizure of things

• 464ZT Definitions
• 465 Issue of search warrant by magistrate
• 465AAAA Powers relating to receptacles
• 465AAAAB Police may use assistants and equipment
• 465AAAAC Police officer may arrange for expert to operate electronic equipment at premises being searched
• 465AAAAD Application for extension of time to allow expert to finish operating equipment
• 465AAAAE Determination of application for extension of time to allow expert to finish operating equipment
• 465AAAAF Warrant authorises a police officer to access data held in or accessible from a computer or data storage device
• 465AAA Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or computer network
• 465AA Power to require assistance from person with knowledge of a computer or computer network
• 465AAB Informing a person about a report relating to the execution of a warrant
• 465AAC Report to the Magistrates' Court after executing search warrant
• 465AAD The Magistrates' Court may summon a police officer to give evidence about a report
• 465AAE Application to inspect a report
• 465A Notice that seized thing is being held for purposes of Confiscation Act 1997
• 465B Application for tainted property to be held or retained
• 465C Court may make direction
• 465D Notice of direction under section 465C
• 465E Effect of directions under sections 465(1B) and 465C
• 465F Display of seized things
• 466 Justice may issue warrant to search for gunpowder38
• 469AA Seizure and destruction of documents containing libel
• 469A Power of persons to search aircraft

Subdivision (32) - Search warrants for women and girls

• 470 Power of search when female unlawfully detained for immoral purposes

Division 2 - Punishment

Subdivision (1) - Sentences for offences

• 476B Young person sentenced to life imprisonment
• 479A Rescuing of prisoner from lawful custody
• 479B Aiding a prisoner in escaping
• 479C Escape and related offences

Subdivision (3) - Execution of sentences

• 493 Sentences of imprisonment etc. to be carried out according to law relating to prisons

Division 3 - Regulations

• 505A Regulations

Part IV - Probation and parole provisions

• 506 Definitions

Division 1 - Probation

Subdivision (1) - Probation officers

• 507 Probation officers

Division 3 - Regulations

• 542 Regulations

Part V - Property of persons convicted of treason or an indictable offence. Orders as to costs

• 545 Persons convicted of treason or indictable offence may pay costs
• 547 Definition of forfeiture and convict
• 548 When convict shall cease to be subject to operation of this Part
• 562 Execution of judgments against convict provided for
• 563 Proceedings to recover property of convict from third person
• 564 Third person etc. accountable to convict when property reverts
• 565 Saving of general law as to indictable offence

Part 7 - General

• 585 Supreme Court—limitation of jurisdiction
• 585AAA Regulations
• 585AA Transitional provisions—(Crimes (Theft) Act 1973)
• 585AB Transitional provisions—(Crimes (Criminal Damage) Act 1978)
• 585AC Transitional provisions—(Crimes (Classification of Offences) Act 1981)
• 585AD Transitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)
• 585AE Transitional provisions—(Crimes (Custody and Investigation) Act 1988)
• 585AF Transitional provisions—(Crimes (Fingerprinting) Act 1988)
• 585A Transitional provisions—(Crimes (Sexual Offences) Act 1991)
• 585B Transitional provisions—(Crimes (Amendment) Act 1993)
• 585C Transitional provisions—(Miscellaneous Acts (Omnibus Amendments) Act 1996)
• 585D Transitional provisions—(Sentencing and Other Acts (Amendment) Act 1997)
• 586 Transitional provisions (Sentencing (Amendment) Act 1997)
• 587 Transitional provisions (Crimes (Amendment) Act 1997—Part 2)
• 588 Transitional provisions (Crimes (Amendment) Act 1997—Part 3)
• 589 Transitional provisions (Crimes (Amendment) Act 1997—Part 4)
• 590 Transitional provision—Crimes, Confiscation and Evidence Acts (Amendment) Act 1998
• 591 Transitional provision—Crimes (Amendment) Act 1998
• 592 Transitional provisions—Magistrates' Court (Amendment) Act 1999
• 593 Transitional provisions—Crimes (Amendment) Act 2000
• 593A Transitional provision—Crimes (Questioning of Suspects) Act 2000
• 594 Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000
• 596 Transitional provisions—Crimes (DNA Database) Act 2002
• 597 Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003
• 598 Transitional provision—Crimes (Stalking) Act 2003
• 599 Transitional provision—Crimes (Money Laundering) Act 2003
• 600 Transitional provisions—Crimes (Dangerous Driving) Act 2004
• 601 Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
• 602 Transitional provision—Crimes (Contamination of Goods) Act 2005
• 603 Transitional provision—Crimes (Homicide) Act 2005
• 604 Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006
• 605 Transitional provision—Justice Legislation (Further Miscellaneous Amendments) Act 2006
• 606 Transitional provision—Courts Legislation (Jurisdiction) Act 2006
• 606A Transitional provision—Crimes (Sexual Offences) Act 2006
• 607 Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006
• 608 Transitional provisions—Crimes Amendment (DNA Database) Act 2007
• 609 Transitional provision—Crimes Amendment (Rape) Act 2007
• 610 Transitional provision—Crimes Amendment (Child Homicide) Act 2008
• 612 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
• 613 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
• 614 Transitional provision—Justice Legislation Miscellaneous Amendments Act 2009
• 615 Transitional provision—Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009
• 616 Transitional provision—Justice Legislation Further Amendment Act 2010
• 617 Transitional provision—Crimes Amendment (Bullying) Act 2011
• 618 Transitional provision—Crimes Amendment (Gross Violence Offences) Act 2013
• 619 Transitional provision—Crimes Amendment (Integrity in Sports) Act 2013
• 620 Transitional provision—Crimes Amendment (Investigation Powers) Act 2013
• 621 Transitional provision—Crimes Amendment (Grooming) Act 2014
• 621A Transitional provision—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014
• 622 Transitional provision—Crimes Amendment (Protection of Children) Act 2014
• 623 Transitional provision—Crimes Amendment (Abolition of Defensive Homicide) Act 2014
• 624 Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014
• 625 Transitional provision—Sentencing Amendment (Emergency Workers) Act 2014
• 626 Transitional provision—Crimes Amendment (Sexual Offences and Other Matters) Act 2014
• 627 Transitional provision—Justice Legislation Amendment Act 2015
• 628 Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015
• 628A Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
• 629 Transitional provision—Crimes Amendment (Sexual Offences) Act 2016
• 630 Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
• 631 Transitional provision—Crimes Legislation Further Amendment Act 2017
• 632 Transitional provision—Family Violence Protection Amendment Act 2017
• 633 Transitional provision—Justice Legislation Amendment (Victims) Act 2018
• 634 Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017
• 635 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019
• 636 Transitional provision—Children Legislation Amendment Act 2019
• 637 Transitional provision—Crimes Amendment (Manslaughter and Related Offences) Act 2020
• 637A Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022
• 638 Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022—jury directions
• 638A Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022—consent
• 639 Transitional provision—Sex Work Decriminalisation Act 2022
• 640 Transitional provision—Justice Legislation Amendment (Miscellaneous) Act 2025
• 640A Crimes Amendment (Retail, Fast Food, Hospitality and Transport Worker Harm) Act 2025
• 640B Transitional provision—Justice Legislation Amendment (Community Safety) Act 2025
• 640C Transitional provision—Crimes Amendment Act 2026
• 644 Justice Legislation Amendment (Police and Other Matters) Act 2025
• 641 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—stalking
• 642 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—alternative verdicts
• 643 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026—jury directions

Schedules

First Schedule

• Schedule 7 - Summary offences for which a person may be fingerprinted
• Schedule 8 - Forensic sample offences
• Schedule 9 - DNA sample offences (Section 464(2))