Crimes (Classification of Offences) Act 1981

Transcription

1 483 ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE VICTORIA Crimes (Classification of Offences) 1981 No An to abolish the Division of Crimes into Felonies and Misdemeanours, to amend and simplify the Law in respect of Matters arising from that Abolition, to amend the Crimes and certain other Enactments, and for other purposes., [Assented to 26 May 1981] BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. (1) This may be cited as the Crimes {Classification of shon title. Offences) \9U. (2) The Crimes is in this referred to as the Principal Principal AM Art ^ - "" " *'' Reprinted to No Subsequently amended by Nos. 9155, , 9242, 9323, 9407 and (3) This shall come into operation on a day to be fixed commenceby proclamation of the Governor in Council published in the ""*"* Government Gazette. 2. After

2 Crimes (Classification of Offences) No Amendment of No New Pan inserted. Abolition of distinctions between felony and misdemeanour. Law and practice applicable to misdemeanours to be applied. Nomenclature. References to obsolete terms. 2. After section 322A of the Principal there shall be inserted the following Part: 'PART IB. ABOLITION OF HISTORICAL CLASSIFICATIONS. 322B. (1) All distinctions between felony and misdemeanour are hereby abolished. (2) Subject to section 322D, in all matters in which before the commencement of this Part a distinction has been made between felony and misdemeanour (including mode of trial), the law and practice in relation to all indictable offences cognizable under the law of Victoria (including piracy and offences deemed to be piracy) shall be the law and practice applicable immediately before the commencement of this Part in relation to misdemeanour. 322C. (1) Subject to any express amendment or repeal made by the Crimes (Classification of Offences) 1981, any enactment passed before the commencement of this Part and creating an offence by directing it to be a felony shall be read as directing it to be an indictable offence. (2) Nothing in this Part shall affect the operation of any reference to an indictable offence in the enactments specially relating to that offence by reason only of the reference being in terms no longer applicable after the commencement of this Part. (3) Any offence known to the common law as a felony or a misdemeanour shall on and from the commencement of this Part be known as an indictable offence. (4) Subject to sub-section (1) and to any express amendment or repeal made by the Crimes (Classification of Offences) 1981, a reference in any instrument or document whatsoever (including s, rules, regulations and other instruments of a legislative character) to (a) a class of felony; or (b) felonies in general shall be read and construed as a reference to that class of serious indictable offence or to serious indictable offences generally, as the case requires; and for the purposes of this sub-section the expression "serious indictable offence" has the same meaning as it has in section 325. (5) Where in any, rule, regulation or other instrument of a legislative character a provision is expressed to apply to or in relation to indictable offences, the provision shall be read and construed as applying to offences which may be tried on indictment or presentment, including offences which may, or may in certain circumstances, also be tried summarily. Transitional 322D. (1) This Part, insofar as it affects any matter of procedure provisions.., ^ ',,. ;,,, _ '.'^,. or evidence or the jurisdiction or powers of any court m relation to indictable offences, shall have effect in relation to proceedings on indictment or presentment for an offence (except as provided by the

3 1981 Crimes {Classification of Offences) No the following sub-sections of this section) if, but only if, the person charged with the offence is arraigned after the commencement of this Part. (2) Where a person is arraigned after the commencement of this Part on indictment or presentment for a felony committed before that cormnencement, the offence shall for the purposes of his trial on that indictment or presentment be deemed always to have been a misdemeanour and, notwithstanding that the indictment or presentment is framed for felony, shall be deemed to be charged as a misdemeanour. (3) On an indictment or presentment found or made before the commencement of this Part a person may notwithstanding sub-section (2) be found guilty of any offence of which he could have been found guilty on the indictment or presentment if the Crimes {Classification of Offences) 1981 had not come into operation, but not of any other offence. 322E. Nothing in this Part shall be taken to affect directly or Treason snd indirectly any matter of law or pii-actice applicable to treason or i^soonst"'^ misprision of treason. affected. 322F. This Part shall not affect the operation of any enactment other restricting the institution of proceedings for an offence.'. SotaflScted. 3. (1) After section 3 of the Principal there shall be inserted Amendmentoi tu r 11 ^- No the following section: "3A. (1) A person who unintentionally causes the death of Unintentional another person by an act of violence done in the course or furtherance MuS'Sf" of a crime the necessary elements of which include violence for crim^s^""''^* which a person upon first conviction may, under or by virtue of "o'en^e. any enactment, be sentenced to life imprisonment or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally. (2) The rule of law known as the felony-murder rule (whereby Feionya person who unintentionally causes the death of another by an ""f^e""!'- act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated.". (2) Notwithstanding section 3A (1) of the Principal as xransiuonai. amended by this, the provisions of that sub-section shall apply only in relation to acts of violence occurring after the commencement of this. (3) Notwithstanding sections 3A (2) and 322D of the Principal as amended by this, the felony-murder rule referred to in section 3A (2) shall continue to have full force and effect in relation to acts of violence which occurred before the commencement of this. 4. (1) For

4 Crimes {Classification of Offences) No Amendment or No Substitution o( Division 1 of Part II. Abettors in indictable offences triable as principal offenders. Abettors in summary offences triable asprinclpal offenders. Accessories. 4. (1) For Division 1 of Part II. of the Principal there shall be substituted the following Division: 'DIVISION 1. ABETTORS, ACCESSORIES AND CONCEALERS OF OFFENCES. (1) Abettors in Indictable Offences A person who aids, abets, counsels or procures the commission of an indictable offence may be tried, indicted or presented and punished as a principal offender. (2) Abettors in Offences Punishable Summarily A person who aids, abets, counsels or procures the commission of an offence which is by this punishable on summary conviction either for every time of its commission or for the first and second time only shall be liable for every first, second or subsequent offence of aiding, abetting, counselling or procuring to the same punishment as a principal offender. (3) Accessories. 325i (1) Where a person (in this section called "the principal offender") has committed a serious indictable offence (in this section called "the principal offence"), any other person who, knowing or believing the principal offender to be guilty of the principal offence or some other serious indictable offence, without lawful authority or reasonable excuse does any act with the purpose of impeding the apprehension, prosecution, conviction or punishment of the principal offender shall be guilty of an indictable offence. (2) If, on the trial of any person for a serious indictable offence, the jury are satisfied that the offence charged (or some other serious indictable offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under sub-section (1) of which they are satisfied that he is guilty in relation to the offence charged (or that other offence). (3) A person charged with an offence against sub-section (1) may be indicted or presented and convicted together with or before or after the principal offender and whether or not the principal offender is amenable to justice. (4) A person convicted of an offence against sub-section (1) shall be liable (a) if the principal offence is one for which the penalty is imprisonment for life, to imprisonment for not more than fifteen years; or (b) in any other case, to imprisonment for a term which is neither (i) more thanfiveyears in length; nor (ii) more

5 1981 Crimes {Classification of Offences) No (ii) more than one-half the length of the longest term which may be imposed on first conviction for the principal oflfence. (5), If any person is charged before a justice with an offence against sub-section (1), no further proceedings shall be taken against the person without the consent of a law officer, except such as the justice thinks necessary by remand or otherwise to secure the safe custody of the person or his attendance in a court. (6) In this section, "serious indictable offence" means an indictable offence which, by virtue of any enactment, is punishable on first conviction with imprisonment for life or for a term of five years or more. (4) Concealers of Offences (1) Where a person has committed a serious indictable concealing offence, any other person who, knowing or believing that the offence, SSSa? " or some other serious indictable offence, has been committed and that he has information which might be of material assistance in securing the prosecution or conviction of an offender for it, accepts any benefit for not disclosing that information shall be guilty of an indictable offence and liable to imprisonment for a term of not more than two years. (2) Notwithstanding anything to the contrary in sub-section (1), it is no offence against this section to fail to disclose the commission of any offence against (a) Division 2 of Part I.; or (6) sub-division (1), (2) or (3) of Division 3 of Part I. if the only benefit accepted in return for failing to disclose the commission of the offence is the making good of any loss or injury caused by its commission or the making of reasonable compensation for any such loss or injury. (3) For the purposes of this section a person shall be deemed to accept a benefit if he accepts or agrees to accept any benefit or advantage, or the promise of any benefit or advantage, either to himself or to another, whether or not the benefit or advantage is in money or money's worth. (4) If a person is charged before a justice with an offence against this section, no further proceedings shall be taken against the person without the consent of a law officer, except such as the justice thinks necessary by way of remand or otherwise to secure the safe custody of the person or his attendance in court. (5) The compounding of an offence other than treason shall not be an offence otherwise than under this section. (6) In this section, "serious indictable offence" has the same meaning as it has in section 325.*. (2) In

6 Crimes {Classification of Offences) No Amendment of No s. 69 (1). Summary trial for concealing offence for benefit. (2) In section 69 (1) of the Magistrates' Courts 1971, after paragraph (m) for the expression " " there shall be substituted the expression ";" and there shall be inserted the following paragraph: "(«) with any offence under section 326 (1) of the Crimes which is alleged to have been conmiitted in relation to an indictable offence which by virtue of paragraph (a), (b), (c), (rf), (e), (/), (g), (/) or (j) is triable summarily ". Pleas. Entitlement to plead " Not Guilty ". Pleas to statutory alternatives. Alternative verdicts. Alternative verdicts on charge of murder. Alternative verdicts generally. 5. After section 390 of the Principal there shall be inserted the following section: "390A. (1) Where a person is arraigned on indictment or presentment he shall in all cases be entitled to make plea of not guilty in addition to any demurrer or special plea. (2) Where a person is arraigned on indictment or presentment he may plead not guilty to the offence specifically charged therein but guilty of another offence of which he might be found guilty on that indictment or presentment; and the consequences of so making a plea of guilty shall be the same as if the charge to which the plea was made had been included in the indictment or presentment." 6. For sections 421 and 422 of the Principal there shall be substituted the following sections: "421. (1) On an indictment or presentment for murder a person found not guilty of murder may be found guilty of (a) manslaughter; (b) any offence of which he may be found guilty under an enactment specifically so providing; (c) an offence against section 325; or (d) an attempt to commit murder or an attempt to commit any offence of which he may by virtue of this sub-section be found guilty but may not be found guilty of any other offence. (2) Where, on a person's trial on indictment or presentment for any offence except treason or murder, the jury find him not guilty of the offence specifically charged therein, but the allegations in the indictment or presentment amount to or include (expressly or by necessary implication) an allegation of another offence falling within the jurisdiction of the court of trial, the jury may find him guilty of that other offence. (3) For the purposes of sub-section (2), any allegation of an offence shall be taken as including an allegation of an attempt to commit that offence. (4) Notwithstanding

7 1981 Crimes {Classification of Offences) No (4) Notwithstanding anything in this section, where at the trial of a person on indictment or presentment for an offence the judge considers that in the interest of justice it is expedient for him to do so, he may order that the guilt of the person in respect of all or any of the other offences of which the person may by virtue of this section be found guilty shall not be determined at the trial (1) Where on the trial of a person for an indictable ^{«*<>"'» offence it appears that the facts in evidence amount in law to proved on another indictable offence carrying a heavier penalty, he shall not mm^^lm for that reason be entitled to be acquitted of the offence charged SSM"Sawd. and, subject to sub-section (3), shall not be liable to be prosecuted afterwards for the other offence. (2) Where on the trial of a person on indictment or where presentment for attempting to commit an offence or any assault oefen«""' or other act preliminary to an offence it appears that the facts S^triS^for in evidence amount in law to the completed offence, the person p^uminao' shall not for that reason be entitled to be acquitted of the offence charged and, subject to sub-section (3), shall not be liable to be prosecuted afterwards for the completed offence. (3) Notwithstanding sub-sections (1) and (2), in a case to which either of those sub-sections applies the trial judge may if he thinks fit in his discretion discharge the jury from giving any verdict and direct the person to be presented for the other indictable offence or the completed offence, as the case may be.". 7. The Principal shall be amended as follows: fn^ad' (a) After section 459 there shall be inserted the following p^'^ aon of section: commission of offences. '459A. (1) A member of the police force may, for Entry.nd the purpose of arresting under section 458 or 459 or "4Sise any other enactment a person whom he (a) believes on reasonable grounds (i) to have committed in Victoria a serious indictable offence; (ii) to have committed an offence elsewhere which if committed in Victoria would be a serious indictable offence; or (iii) to be escaping from legal custody; or (Jb) finds committing a serious indictable offence enter and search any place where the member of the police force on reasonable grounds believes him to be. (2) In

8 Crimes {Classification of Offences) No Use of force to prevent the cofflmlssion of an indictable ofllnica. Sealencet. Sentence where no sentence prescribed. Sentence for attempt. Power to impose Sne in lieu of imprisonment. Abolition of criminal informations. (2) In order to enter a place pursuant to sub-section (1), a member of the police force may, if it is necessary to do so^ use reasonable force. (3) In this section "serious indictable offence" has the same meaning as it has in section 325.'; and {b) After section 462 there shall be inserted the following section: ' "462A. A person may use such force not disproportionate to the objective as he believes on reasonable grounds to be necessary to prevent the commission, continuance or completion of an indictable offence or to effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence.". 8. The Principal shall be amended as follows: (a) Division 10 of Part I. shall be repealed; {b) In Division 2 of Part III., immediately following the heading"(l) Sentences for Indictable Offences" there shall be inserted the following section: "472. (1) Where a person is convicted on indictment or presentment of an offence against any enactment and is for that offence liable to be sentenced to imprisonment, but the sentence is not by any enactment either limited to a specified term or expressed to extend to imprisonment for life, the person so convicted shall be liable to imprisonment for not more than two years. (2) A person convicted on indictment or presentment of an attempt to commit an offence for which by any enactment a maximum term of imprisonment or a maximum fine is provided shall not be sentenced to imprisonment for a term longer, nor to a fine larger, than that to which he could be sentenced for the completed offence."; and (c) In section 478 (2), for the words "punishable under this " there shall be substituted the words "punishable under this or any other or at common law" and for the words "any of the punishments authorized by this " y other punishment to which he may be liable". 9. Any power to bring proceedings for an indictable offence by criminal information in the Supreme Court or in the County Court is hereby abolished. 10. After

9 1981 Crimes (Classification of Offences) No After section 63A. of the Supreme Court there Amendment of shall be inserted the following section: ^tirtio"" of "63B. Without limiting the generality of section 322B of the Failure to Crimes, no civil remedy for any act or omission shall be Tta^'to dwi suspended by reason that the act or omission amounts to an offence remedy. for which the offender has not been prosecuted.". 11. (1) The enactments mentioned in the Schedule, to the extent ^^"^^1,"'''' that they are therein expressed to be amended or repealed, are amcnd'mfnu. hereby amended or repealed accordingly. schedule. (2) Where an enactment mentioned in the Schedule disqualifies certain persons or classes of persons from holding a certain oflsce or an authority to engage in certain activity and the effect of an amendment or repeal effected by sub-section (1) is to render any person who, immediately prior to the commencement of this, lawfully held such an office or authority incapable of continuing to do so, the amendment or repeal shall have no effect in relation to that person until the period for which he was appointed to the office or the authority under which he engages in the activity expires.

10 Crimes {Classification of Offences) No Victorian Government Stock Victorian Government Special Inscribed Stock Victorian Government Debentures Regulation Fallowing Advances Cultivation Advances 1927 f» f>»> *> Cultivation Advances Cultivation Advances 1929 (No. 2) l> f9 l> It Cultivation Advances Cultivation Advances 1931» t> *l»f State Coal Mine Industrial Tribunal Cultivation Advances Cultivation Advances Cultivation Advances Farmers Advances Farm Water Supply Advances Drought Relief 1944 In sections 34, , 37 and 38 for the word "felony" there shall be substituted the words "an In sections 30, 31, 32, 33 and 34 for the word "felony" there shall be substituted the words "an In section 3 for the word "felony" there shall be substituted the words "an In section 9 for the words "a misdemeanour" there In section 12 for the words "a misdemeanour" there shau be substituted the words "an indictable offertce". In section 14 for the word "felony" there shall be substituted the words "an In section 12 for the words "a misdemeanour" In section 12 for the words "a misdemeanour" there In section 15 for the word "felony" there shall be substituted the words "an In section 14 for the words "a misdemeanour" there In section 14 for the words "a misdemeanour" there In section 16 (5) for the word "felony" there shall be substituted the words "an In section 5 (2) for the words "convicted of felony or any infamous offence" there shall be substituted the words "convicted on indictment or presentment of any In section 16 for the words "a misdemeanour" there In section 18 (5) for the word "felony" there shall be substituted the words "an In section 16 for the words "a misdemeanour" there In section 17 for the words 'a misdeitieanour" In section 19 (5) for the word "felony" there shall be substituted the words "an indictable In section 18 for the words "a misdemeanour" there In section 8 (1) for the words "a misdemeanour" In section 8 for the words "a misdemeanour" there

11 1981 Crimes {Classification of Offences) No continued » »* Drought Relief 1946 Drought Relief 1947 Administration and Probate Architects.. Auction Sales»»! Carriers and Innkeepers Cemeteries.. Coa! Mines.. The Constitution Amendment»»»»»» Coroners Country Roads 195S In section 8 for the words "a misdemeanour" there In section 8 for the words "a misdemeanour" there In section 66 (1) for the words "a misdemeanour" In section 5 (8) for the words "of any felony" there shall be substituted the words "on indictment or presentment of any In section 11 (1) (c) for the words "felony or misdemeanour" (where first appearing) there shall be substituted the words "indictable offence" and for the words "a felony or words "an In section 13 for the words "a misdemeanour" In section 38 for the words "a felony" there shall be substituted the words "an indictable In section 39 (c) for the word "feloniously" there shall be substituted the word "criminally". In section 10 for the word "felonious" there shall be substituted the word "criminal". In section 80 for the words "a misdemeanour" there In section 81 for the word "felony" there shall be substituted the words "an indictable In section 32 for the words "a misdemeanour" In section 116 (9) (e) for the words "a felony or words "an In sections 137, 189 (3), 234, 241 (2), 242 (2), 245, 246, 252, 253 and 254 (2) for the words "a words "an In sections 177 (6), 178 (6), 183 (2), 193 (4) and 194 (1) (b) for the words "offences which are made misdemeanours by this " there shall be substituted the words "offences which are declared by this to be indictable". In section 244 (1) for the word "misdemeanour" there shall be substituted the words "indictable In section 277 for the word "misdemeanour" there shall be substituted the words "indictable or summary". In section 9 (2) (c) for the words "being accessories before the fact to" there shall be substituted the words "aiding, abetting, counselling or procuring". In section 33 (2) for the words "a misdemeanour" In section 9 for the words "a misdemeanour" there

12 Crimes (Classification of Offences) No continued Crimes \9S% In sections II (1) and (2), , 14, 15, 16, 17, 20, 21, 22, 27, 28, 29, 33, 34, 35A, 35B, 36 (1), 40, 44 (1), 46, 48 (1), 52 (1), (2), (3) and (4). 53 (1), 55 (3), 58 (a), 61, 62, 63 (1), 63A, 64, 65, 68 (1) and (2), 77 (2), 78 (4), 81 (1), 82 (1), 83 (1), 85 (1), 86 (1) and (2), 87 (3), 88 (2), 206 (1), 225, 228, 232, 244, 245, 253, 254, 255, 257, 258, 259, 260, 261, 263, 264, 265, 266, 267, 268, , 271, 272, 273, 274, 275, 276, 277, 278, , 281, 282, 283, 284, 285, 289, 291, 292 (1), 293, 294, 295i 296, 302, 306, 307, 312, 316 (1) and (2), 317 (2), (3), (4) and (5) and 478 (1) for the word "felony" (wherever appearing) there shall be substituted the words "an In sections 10 (3) and (4), 423, 545, 547 and 548 for the word "felony" (wherever appearing) there shall be substituted the words "indictable the words "a felony" (wherever appearing) there In sections 4, 6B (2), 19, 19A, 23, 24, 25, 26, 30, 31, 32, 35, 37,38. 39,40,43,48 (2), 54 (I), 55 (1). 56 (1) and (1A), 57 (1) and (2), 58 (6), 59,60 (1), 63 (2), 66, 67, 68 (3) and (3A), 69 (1), (2) and (4). 176 (2), 178, 179 (1), (2) and (3), 180, 181, 182, 191 (1), 206 (2), 207 (3), 233, 246D (1), 246E, 247, 256, 296, 297, 298, 299, 301, 303, 304, 308, 309, 310 and 318 (1), (3), (4), (5) and (6) for the words "a misdemeanour" (wherever appearing) there shall be substituted the words "an In sections 16A, 16B, 36A, 68 (3B), 74, 75 (2), 75A (2), 76 (3), 80 (1) and (2), 246A, 246B and 246c for In sections 55 (3), 68 (3B) and 320 (1) for the word "misdemeanour" (wherever appearing) there shall be substituted die words"indictableoltence".,. In sections 360 (2), 375, 376, 378, 380, 381, , 386, 387, 389, 391, 392, 393, 394, 395, 401,. 409, 423, 426, 436 and 454 for the words "presentment, indictment or information" ^ (wherever appearing) there shall be substituted the words "indictment or presentment". In the Table in section 1, the words and expressions relating to Division 10 of Part I shall be repealed.,, In the Table in section 1, after the portion relating to Part IA there shall be inserted the following expression; "Part IB. Abolition of Historical Classifications ss. 322B 322F." there shall be substituted the following words and expressions: "Division 1. ^Abettors, (1) Abettors in Accessories and Indictable Concealers of Offences Offences s ss (2) Abettors in Offences Punishable ' Summarily s In the Table in section 1, for the words and expressions relating to Division 1 of Part II.

13 1981 Crimes (Classification of Offences) No continued Crimes (3) Accessories continued s (4) Concealers of Offences s. 326.,, In the portion of the Table in section 1 relating to Part v., for the expression "Felony" there shall be substituted the expression "an Indictable Offence". ' In section 6 (1) for the words "felony, to wit of infanticide" there shall be substituted the words "the indictable offence of infanticide". In section 6B (2) for the words "the words "the Section 7 shall be repealed. In section 9 for the word "feloniously" (where twice appearing) there shall be substituted the word "criminally". In section 10 (1) for the words "felony, to wit of child destruction" there shall be substituted the words "the indictable offence of child destruction". In section 30 for the word "felonies" there shall be substituted the words "indictable offences".., In section 79 (1) for the words "a felony" there offence" and for the word "felony" (where second appearing) there shall be substituted the words "an In section 79 (2) for the words "a felony" there offence" and for the word "felony" (where second and third appearing) there shall be substituted the word " Section 200 shall be repealed. For section 300 there shall be substituted the following section: "300. A person who, having, previously been convicted of an offence against section 297, 298 or 299 or of any other offence mentioned in this Division for which a person is liable to imprisonment for a term of five years or more, commits an offence against section 297, 298 or 299 shall, notwithstanding anything to the contrary in those sections, be liable to imprisonment for a term of not more than fifteen years.". In section 309 the words "be guilty of felony, and shall" shall be repealed. In section 338 the words "after the fact" shall be repealed. In section 339 (3) the expression "(which term shall include an accessory before the fact)" shall be repealed. In section 354 the words "in the same manner as a special jury is or may be taken" shall be repealed. Section 356 shall be repealed.,-, In section 357 for the words. "felony or words "an

14 Crimes (Classification of Offences) No continued Crimes In section 359A (2) (a) for the words "indictment continued presentment or ex officio information" there shall be substituted the words "indictment or presentment". In section 360 (1) for the words "presentment indictment or information has been made found laid orfiled"there shall be substituted the words "indictment or presentment has been found or made". For section 363 there shall be substituted the following section: "363. Any numter of abettors or accessories at different times to any indictable offence may be charged with substantive offences in the same indictment or presentment and be tried together, notwithstanding that the principal offender is not included in the indictment or presentment or is not in custody or amenable to justice.". In the heading immediately preceding section 364 the word "Informations" shall be repealed., In section 365 the words "and to informations" shall be repealed. In section 371 for the words "felony or for more than one misdemeanour and charges for both felonies and misdemeanours" there shall be substituted the words " In sections 393, 396 and 402 for the words "presented indicted or informed against" (wherever appearing) there shall be substituted the words "indicted or presented".,. In section 396 for the word "felony" (where first appearing) there shall be substituted the words "any other indictable offence" and for the word "felony" (where second appearing) there shall be substituted the words "other indictable In section 401 (a) for the words "presented indicted or informed against" (where twice appearing) there shall be substituted the words "indicted or presented"; and (i) for the words "felonies indictable misdemeanours" there shall be substituted the words "indictable offences". Section 406 shall be ref)ealed. In section 424 (o) for the word "felony" (where first and second appearing) there shall be substituted the words "indictable offence"; (6) for the word "misdemeanour" (where first appearing) there shall be substituted the words "indictable offence"; (c) for the words "such felony" there shall be substituted the words "the offence charged"; and (d) for the words "such misdemeanour" there shall be substituted the expression "the offence against section 23". Sections 426, 10 (5) and 6 (4) and the words "or a verdict of concealment of birth" in section 6 (3) shall be repealed.,, Section 428 shall be repealed.

15 1981 Crimes (Classification of Offences) No continued Crimes For section 435 there shall be substituted the continued following section: "435. Where on the trial of a person for any offence against section 206 (1) the jury are not satisfied that he is guil^ of the offence charged but are satisfied that he is guilty of an offence against section 206 (2), the jury may return as their verdict that he is not guilty of the offence charged but is guilty of the offence against section 206 (2); and he shall be liable to punishment accordingly.". For section 437 there shall be substituted the following section: "437. No judgment after verdict in respect of any indictable offence shall be stayed or reversed because any person has served upon the jury who has not been returned as a juror by the sherift or other officer.". Section 438 shall be repealed. In section 450A after the word "indictment" (where twice appearing) there shall be inserted the words "or presentment". In section 454 for the words "felony or words "an In the heading to Part V. for the expression "FELONY" there shall be substituted the expression "AN INDICTABLE OFFENCE". In section 543 (1) for the words "felony or felo de se" there shall be substituted the words "or any, In section 543A (fl) for the words "section 544 or any other enactment" there shall be substituted the words "any enactment"; (b) for the words "a felony" (where first and second appearing) there shall be substituted the words "an indictable offence"; (c) for the word "felony" (where last appearing) there shall be substituted the words " For section 544 there shall be substituted the following section: '544. (1) If any pjerson is convicted of treason' or a serious indictable offence and sentenced to imprisonment for life or a period of twelve months or more and at the time of the conviction he holds any ofifice under the Crown or other public employment or is entitled to any pension or superannuation allowance payable by the public or out of any public fund, the office or employment shall forthwith become vacant and the pension or superannuation allowance shall forthwith determine and cease to be payable unless the person receives a free pardon within two months after the conviction or before the office or employment is filled up. (2) A person who is convicted of treason or a serious indictable offence and sentenced to imprisonment for life or a period of twelve

16 Crimes (Classification of Offences) No ScHEDUix continued Crimes continued tt >i f» tf >f t> ) >> I* I* tf Dietitians Registration I l> DriedFruits.. Electric Light and Power Estate Agents 1980 * i» (I t* Evidence n»» t*» ft» Firearms months or more shall, until he has suffered the punishment to which he has been sentenced or such other punishment as may be substituted by a competent authority or received a free pardon, be incapable of holding any office under the Crown or other public employment. (3) In this section "serious indictable offence" has the same meaning as it has in section 325.' In section 565 for the word "felony" there shall be substituted the words "indictable offences". In section 566 in the interpretation of "Indictment"the words" and information" shall be repealed. In the Fourth and Fifth Schedules the expression "[or information]" shall be repealed. In the Sixth Schedule, in Rule 2, the words "whether felonies or misdemeanours" shall be repealed. In the Sixth Schedule, in the Appendix to the Rules, Form 17 shall be repealed. In section 15 for the words "a misdemeanour" there In section 16 (1) (c) for the words "felony or misdemeanour" (where twice appearing) there shall be substituted the words "indictable In section 10 (2)'(e) for the words "a felony or words "an In section 50 for the words "a misdemeanour" there In sections 25 (2) (a) (iv) and 25 (2) (6) (v) for the words "a felony or serious offence" there shall be substitut»i the words "a serious In section 90 for the words "a misdemeanour" In section 91 for the word "felony" there shall be substituted the words "an In sections 23 (3), 55B (5) and 144 for the words "a misdemeanour" there shall be substituted the words "an In section 29 for the words "felony or misdemeanour" there shall be substituted the words "or an In sections 142 and 143 for the word "felony" In section 137 for the words "a felony" there shall be substituted the words "an In section 3 (3) for the words "for a felony or for an indictable offence" there shall be substituted the words "for an indictable offence or for an offence punishable in a certain manner" and for the words "a felony or indictable offence" there shall be substituted the words "an indictable offence or punishable in that manner". SCHEDULI

17 1981 Crimes (Classification of Offences) No continued Firearms continued II II Forests \95i II II» II Friendly Societies Fruit and Vegetables Geelong Harbor Trust Geelong Waterworks and Sewerage Goods \95Z *> (f *f» ' Grain Elevators > 11 II II Hawkers and Pedlers It 11 II fl> II II II II In section 29D (2) for the words "a felon or offender" there shall be substituted the words "an offender". In section 31 (1) for the word "felony" there shall be substituted the words "any offence which by virtue of any enactment is punishable upon first conviction by imprisonment for life or for a term of five years or more". In section 32 (2) for the words "a misdemeanour" indictable offence" and for the words "indictment presentment or information" there shall be substituted the words "indictment or presentment". In section 32 (4) for the words "a misdemeanour" In section 42 for the word "felony" there shall be substituted the words "an In section 16 (3) for the words "a misdemeanour" In section 66 for the word "felony" there shall be substituted the words "an In Rule (8) of section 13, provision (4) of section 24, and in section 26 for the words "a misdemeanour" (wherever appearing) there In section 15 for the words "of any felony" there shall be substituted the words "on indictment or presentment of any In section 96 (1), (2) and (3) for the word "felony" (wherever appearing) there shall be substituted the words "an In section 11 for the words "of felony or any infamous offence" there shall be substituted the words "on indictment or presentment of any In sections 75 and 78 for the words "a misdemeanour", there shall be substituted the words "an In section 80 for the word "misdemeanour" there shall be substituted the words "indictable In section 5 (11) for the words "a misdemeanour" In section 52 (1), (2) and (3) for the word "felony" (wherever appearing) there shall be substituted the words "an In section 17 for the words "a misdemeanour" In section 27 (3) for the words "of felony or of any breach of the provisions of this Part" there shall be substituted the words "of any breach of. the provisions of this Part or on indictment or presentment of any

18 Crimes (Classification of Offences) No ScHtDVLE continued »» Hawkers and Pedlers continued Hospitals and Charities Housing Industrial and Provident Societies Instruments.. Latrobe Valley Legal Profession Practice tf»* Local Government Marine Medical Melbourne and Metropolitan Tramways Port of Melbourne Authority Mildura Irrigation and Water Trusts In section 38 (3) for the words "convicted of felony or of any breach of any of the provisions of this Part" there shall be substituted the words "convicted of any breach of any of the provisions of this Part or on indictment or presentment of any other In section 59 (1) (e) for the words "felony or words "or In section 20 for the words "a misdemeanour" In section 82 (1) for the word "felony" there In section 49 (c) for the words "a misdemeanoiu-" In section 81 for the word "misdemeanour" In section 20 (2) for the words "of felony or any infamous offence" there shall be substituted the words "on indictment or presentment of any In sections 40 (4) (6) and 42 (1) and (2) for the words "a misdemeanour" there shall be substituted the words "an indictable offence." In section 84 (1) (6) for the words "felony or words "an In section 151 (2) and (3) for the words "a words "an In section 44 for the words "of felony or any infamous offence" there shall be substituted the words "on indictment or presentment of any In section 67 for the words "felony or words " In sections 68, 97, 109, 133 and 244 for the words "a misdemeanour" there shall be substituted the words "an In section 245 for the word "misdemeanours" there shall be substituted the words "indictable offences". In sections 44 and 120 for the words "a words "an In section 11 for the words "of felony or perjury or any infamous crime" there shall be substituted the words "on indictment or presentment of any offence"; In section 154 (1), (2) and (3) for the word "felony" there shall be substituted the words "an In section 25 (3) for the word "felony" there In section 32 (7) for the words "a misdemeanour"

19 1981 Crimes (Classification of Offences) No continued Mildura Irrigation and Water Trusts continued Milk and Dairy Supervision Mines Money Lenders Nurses Optometrists Registration Patriotic Funds Pawnbrokers i95i Police Regulation Portland Harbor Trust f> I> *> t* Public Trustee Railways >f )i ft ** Religious Successory and Charitable Trusts Second-hand Dealers In section 52 (2) for the words "of felony or any infamous oriience" there shall be substituted the words "on indictment or presentment of any In section 11 (1) (6) for the words "a felony or words "an In sections 438 (1) and 471 (1) for the words "of any felony or infamous offence" there shall be substituted the words "on indictment or presentment of any In section 34 for the words "a misdemeanour" In section 23 (1) (c) for the words "any felony or words "any indictable offence" and for the words "a felony or misdemeanour" there shall be substituted the words "an In section 5 (6) for the words "any felony" there shall be substituted the words "on indictment or presentment of any In section 18 (1) (c) for the words "any felony or words "any indictable offence" and for the words "a felony or misdemeanour" there shall be substituted the words "an In section 26 for the words "a misdemeanour" In sections 15, 22 and 34 for the words "a words "an In section 98 for the words "a misdemeanour" In section 9 (1) for the words "a misdemeanour" In section 36 (1), (2) and (3) for the word "felony" In section 54L (1) (a) for the words "indictment presentment or information" there shall be substituted the words "indictment or presentment". In section 63 for the words "a misdemeanour" In section 158 for the words "a misdemeanour" In section 58 for the words "a misdemeanour" In section 59 for the word "felony" there shall be substituted the words "an In section 60 for the words "a misdemeanour or a felony" there shall be substituted the words "an In section 10 (3) for the words " of felony or of any breach of any of the provisions of this " there shall be substituted the words "of any breach of the provisions of this or on indictment or presentment of any

20 Crimes {Classification of Offences) No continued No.. Short Title Extent of Amendment or Repeal Sewerage Districts Stamps )* Transfer of Land Trustee Trustee Companies Melbourne University Unlawful Assemblies and Processions > *f tt Venereal Diseases Vermin and Noxious Weeds In section 25 (2) for the words "of felony or any infamous offence" there shall be substituted the words "on indictment or presentment of any In section 124 for the words "a misdemeanour" indictable offencq". In section 161 CI) for the word "felony" In section 161 (2) for the word "misdemeanour" State Electricity In section 96 (1), (2) and (3) for the word "felony" Commission there shall be substituted the words' "an State Bank.. In section 7 (1) for the words "of felony or any infamous offence" there shall be substituted the words "on indictment or presentment of any In sections 18 and 57 for the words "a words "an»f >f In section 114 (1) for tlie word "felony" there Supreme Court In sections 196 and 202 for the words "a Trade Unions words "an In section 25 for the words "a misdemeanour" ' In section 119 (1) for the words "a misdemeanour" In section 48 (1) for the words "of felony" there are substituted the words "on indictment or presentment of any In section 26 (2) for the words "a misdemeanour" In section 9 for the words "felony or words " In sections 6 and 10 for the words "a words "an In section 13 for the word "felony" there shall be substituted the words " In section 14 (1) for the words "felony or words " Veterinary Surgeons In section 3F (2) for the words "a misdemeanour" In section 26 for the words "a misdemeanour"

21 1981 Crimes (Classification of Offences) No continued fvater \ Wrongs *>» Mental Health 1959 Valuation of Land 1960 Rural Finance and Settlement Commission 1961 Poisons 1962 Probate Duty Collusive Practices 1965 Psychological Practices 1965 Vagrancy 1966 Lotteries Gaming and Betting 1966 Zoological Parks and Gardens 1967 In section 40 for the words "a misdemeanour" In sections 133 (2) and 185 (7) for the words "of felony or any infamous offence" there shall be substituted the words "on indictment or presentment of any In section 3 for the definition of "Information" there shall be substituted the following definition: "Presentment includes indictment.". In section 4 for the word "information" there shall be substituted the word "presentment". In section 16 the words "and although the death has b«en caused under such circumstances as amount in law to felony" shall be repealed. In sections 58 (3), 69, 70 (2), 105, 107, 110 and 111 for the words "a misdemeanour" (wherever occurring) there shall be substituted the words "an In section 35 (2) for the words "a misdemeanour" In section 8 for the words "a misdemeanour" In section 35 (1) for the word "misdemeanour" there shall be substituted the words "indictable In section 35 (5) for the word "misdemeanour" there shall be substituted the words "indictable offence" and for the words -"an indictable offence" there shall be substituted the words "any other indictable offence"; In section 12 (4) for the words "a misdemeanour" In sections 3 (1) and (3) and 7 for the words "a words "an In section 17 (1) (6) for the words "a felony or indictable misdemeanour" there shall be substituted the words "an indictable Offence". In section 7 (1) (/) and (2) for the words "^ felony or misdemeanour" (wherever occurring) there In section 8 (a) for the word "felonious" there shall be substituted the word "criminal". In section 62 (/) for the words "indictment presentment or information is laid or exhibited" there shall be substituted the words "indictment or presentment is laid or made". In section 6 (1) (/) for the words "of any felony" there shall be substituted the words "on indictment or presentment of any

22 Crimes (Classification of Offences) No continued Swine Compensation Juries Chiropodists Alcoholics and Drugdependent Persons Melbourne Underground Magistrates (Summary Proceedings) Constitution In section 16 (2) for the words "a misdemeanour" In section 34 (1) for the word "felony" (where first appearing) there shall be substituted the words "indictable offence" and for the words "felony or misdemeanour" there shall be substituted the words " In clause 1 of Schedule 2, for paragraphs (a), (.b) and (c) there shall be substituted the following paragraphs: "(a) convicted of treason; or (b) convicted of one or more indictable offences and sentenced to imprisonment for a term or terms in the aggregate not less than three years ". In sections 10A (4) (b) and 16 (1) (c) for the words "a felony or misdemeanour" (wherever occurring) there shall be substituted the words "an In sections 16 (3) and 23 for the words "a words "an In section 21 (1), (2) and (3) for the word "felony" Rail Loop Magistrates' Courts In sections 22, 30, 31 and 31B for the words "a 1971 words "an In section 50 (1) (a) for the words "felonies and misdemeanours" there shall be substituted the words "indictable offences". In section 55 (3) the words "a felony or a misdemeanour or" shall be repealed Egg Industry Stabilization In section 26 (6) (e) for the words "a felony or 1973 of a misdemeanour" there shall be substituted the words "an indictable offence" and for the words "a felony or a misdemeanour" there In section 6 (1) the expression ", whether for felonies or misdemeanours or for both felonies and misdemeanours,". In sections 44 (3) and 74c (4) (c) for the words "a felony" there shall be substituted the words "an indictable offence which by virtue of any enactment is punishable upon first conviction by imprisonment for life or for a term of five years or more".