Criminal Code Act Compilation Act 1913 (WA)

Western Australia Criminal Code Act Compilation Act 1913 Western Australia Criminal Code Act Compilation Act 1913 Contents Preamble 2 1. Short title and commencement 3 2. Repeal 3 3. Matters and things originated under repealed Acts to enure for the purposes of the compiled Act 3 Appendix A — Acts and Parts of Act Repealed Appendix B — Criminal Code Act 1913 Preamble 5 1. Short title 5 2. The Criminal Code established 5 3. Construction of statutes, statutory rules, and other instruments 5 4. Provisions of Code exclusive, with certain exceptions 6 5. Civil remedies and saving 7 7. Contempt of court 7 Schedule — The Criminal Code Notes Compilation table 327 Uncommenced provisions table 342 Other notes 342 Defined terms Western Australia Criminal Code Act Compilation Act 1913 An Act to enact a compilation of the Criminal Code Act 1902, with its amendments and portion of the Secret Commissions Act 1905, and for other related purposes. Preamble Whereas the Legislative Council and Legislative Assembly on 22 December 1911, directed the compilation with its amendments of the Criminal Code Act 1902; and a compilation of the said Act and the Acts amending the same was duly made in accordance with the Statutes Compilation Act (as amended): And whereas it is desirable to repeal the Acts so compiled: And whereas in order to carry out the purposes of the Criminal Code Amendment Act 1913, it is desirable to include in the compilation the further amendments authorised to be so included by that Act, and also the provisions of the Secret Commissions Act 1905 (except section 19 thereof), and to repeal the last‑mentioned Act and the portions of the Criminal Code Amendment Act 1913, containing the said further amendments: And whereas the Acts and the parts of an Act which it is desirable to repeal are set out in the Appendix A; and the compiled Act set out in Appendix B is a true compilation of the Acts and parts of Acts so directed to be compiled or authorised to be included in the compilation as aforesaid, and it is desirable to give such compilation the force of law. Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. Short title and commencement This Act may be cited as the Criminal Code Act Compilation Act 1913, and shall come into operation on 1 January 1914. 2. Acts repealed The Acts and parts of an Act set out in Appendix A are hereby repealed, and the compiled Act set forth in Appendix B is hereby enacted under the title of the Criminal Code Act 1913. 3. Savings for things done under repealed Acts (1) All offices, appointments, regulations, rules, convictions, sentences, judgments, orders, registers, records, certificates, and instruments, and generally all acts of authority, which originated or were operative or subsisting under any enactment repealed by this Act and hereby re‑enacted with or without modification, and which are subsisting or in force on or immediately prior to the commencement of the compiled Act shall, subject to that Act, enure for the purposes thereof as fully and effectually as if they had originated under the corresponding provisions of that Act, and accordingly shall, where necessary, be deemed to have so originated. (2) All offences committed against and all pending matters and proceedings commenced under any such enactment may be prosecuted, continued, and completed under and subject to the provisions of the compiled Act. Appendix A Acts and Parts of Act Repealed. 1 and 2 Edw. VII No. 14 — The Criminal Code Act 1902 2 Edw. VII No. 29 — The Criminal Code Amendment Act 1902 No. 13 of 1905 — The Secret Commissions Act 1905 No. 31 of 1906 — The Criminal Code Amendment Act 1906 No. 28 of 1911 — The Criminal Code Amendment Act 1911 No. 52 of 1911 — The Criminal Code Amendment Act 1911 Sections 2 to 29 (both inclusive) of Act No. 15 of 1913 — The Criminal Code Amendment Act 1913 Appendix B An Act to establish a Code of Criminal Law. Preamble Whereas it is desirable to declare and consolidate the Criminal Law: Be it enacted and declared by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. Short title This Act may be cited as the Criminal Code Act 1913. 2. The Criminal Code established The provisions contained in the Code of Criminal Law set forth in the Schedule to this Act, and hereinafter called the Code, shall be the law of Western Australia with respect to the several matters therein dealt with. The said Code may be cited as "The Criminal Code". 3. Construction of statutes, statutory rules, and other instruments The following rules shall, unless the context otherwise indicates, apply with respect to the construction of statutes, statutory rules, local laws, by‑laws, and other instruments, that is to say — (1) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term felony is used, or reference is made to an offence by the name of felony, it shall be taken that reference is intended to an offence which is a crime under the provisions of the Code: (2) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term murder is used, it shall be taken that reference is intended to include the crime that was called wilful murder under the Code as it was before the commencement of the Criminal Law Amendment (Homicide) Act 2008: (3) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term larceny is used, it shall be taken that reference is intended to the crime of stealing: (4) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, reference is made to any offence by any specific name, it shall be taken that reference is intended to the offence which, under the provisions of the Code, is constituted by the act or omission that would heretofore have constituted the offence referred to: (5) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, reference is made to any of the statutory provisions hereby repealed, it shall be taken that reference is intended to the corresponding provisions or substituted provisions of the Code. [Section 3 amended: No. 14 of 1996 s. 4; No. 57 of 1997 s. 45; No. 29 of 2008 s. 27.] 4. Offences are only those in WA's statute law with some exceptions No person shall be liable to be tried or punished in Western Australia as for an offence, except under the express provisions of the Code, or some other statute law of Western Australia, or under the express provisions of some statute of the Commonwealth of Australia, or of the United Kingdom which is expressly applied to Western Australia, or which is in force in all parts of His Majesty's dominions not expressly excepted from its operation, or which authorises the trial and punishment in Western Australia of offenders who have, at places not in Western Australia, committed offences against the laws of the Commonwealth of Australia or of the United Kingdom. [Section 4 amended: No. 4 of 2004 s. 58.] 5. No civil action for lawful acts; saving When, by the Code, any act is declared to be lawful, no action can be brought in respect thereof. Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed; nor shall the omission from the Code of any penal provision in respect of any act or omission, which before the time of the coming into operation of the Code constituted an actionable wrong, affect any right of action in respect thereof. [6. Deleted: No. 78 of 1995 s. 22.] 7. Contempt of court powers not affected Nothing in this Act or in the Code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as "contempt of court"; but so that a person cannot be so punished, and also punished under the provisions of the Code for the same act or omission. [8. Deleted: No. 13 of 1984 s. 9.] Schedule The Criminal Code Contents Part I — Introductory Interpretation: Application: General principles Chapter I — Interpretation 1. Terms used 1 2. Term used: offence 1 3. Indictable offences, general provisions as to 1 4. Term used: attempt to commit offence 1 5. Summary conviction penalty, meaning and effect of 1 6. Terms used: carnal knowledge, carnal connection 1 Chapter II — Parties to offence 7. Principal offenders 1 8. Offence committed in prosecution of common purpose 1 9. Counselled offence, mode of execution immaterial 1 10. Term used: accessory after the fact 1 Chapter IIA — Alternative offences 10A. Conviction of alternative offence, when possible 1 10B. Alternative offence, meaning and effect of 1 10C. Conviction of alternative offence, consequences of 1 10D. Charge of offence, alternative convictions of attempt etc. 1 10E. Charge of attempt, alternative convictions on 1 10F. Charge of conspiracy, alternative convictions on 1 10G. Charge of procuring, alternative convictions on 1 10H. Charge of attempting to procure, alternative convictions on 1 10I. Joined charges of receiving, verdicts on 1 Chapter IIB — Charges where date of offence, or age of victim, is uncertain 10J. Application of Chapter 1 10K. Terms used 1 10L. Charge of indictable offence committed in period when written law amended 1 10M. Charge of sexual offence committed in period when victim has birthday 1 10N. Charge of sexual offence when victim's age uncertain 1 Chapter III — Application of criminal law 11. Effect of changes in law 1 12. Territorial application of criminal law 1 13. Offence aided, counselled or procured by person out of WA 1 14. Offence procured in WA to be committed out of WA 1 15. Defence force not exempt from Code 1 17. Previous conviction or acquittal a defence 1 Chapter V — Criminal responsibility 22. Ignorance of law, honest claim of right 1 23. Intention and motive 1 23A. Unwilled acts and omissions 1 23B. Accident 1 24. Mistake of fact 1 25. Emergency 1 26. Presumption of sanity 1 27. Insanity 1 28. Intoxication 1 29. Immature age 1 30. Judicial officers 1 31. Lawful authority 1 32. Duress 1 34. Offences by partners and members of companies with respect to partnership or corporate property 1 36. Application of Chapter V 1 Chapter 6 — Criminal liability of officers of bodies corporate 37. Overview 1 38. Term used: officer 1 39. Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken 1 40. Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken if evidence suggesting reasonable steps adduced 1 41. Officer liability for corporate offence: onus on officer to prove reasonable steps taken 1 42. Further provisions relating to criminal liability of officers of bodies corporate 1 43. Penalties 1 Part II — Offences against public order Chapter VII — Sedition 44. Term used: seditious intention 1 45. Acts excepted from s. 44 1 46. Terms used: seditious enterprise, seditious words, seditious writing 1 47. Oath to kill person 1 48. Other unlawful oaths 1 49. Compulsion, how far a defence to s. 47 and 48 1 51. Unlawful military activities 1 52. Sedition 1 Chapter VIII — Offences against the executive and legislative power 54. Interfering with Governor or Ministers 1 55. Interfering with legislature 1 56. Disturbing Parliament 1 57. False evidence before Parliament 1 58. Threatening witness before Parliament 1 59. Witness not attending or giving evidence before Parliament 1 60. Member of Parliament receiving bribe 1 61. Bribery of member of Parliament 1 Chapter IX — Unlawful assemblies: Breaches of the peace 62. Terms used: unlawful assembly, riot, riotously assembled 1 63. Taking part in an unlawful assembly 1 64. Unlawful assembly may be ordered to disperse 1 65. Taking part in riot 1 66. Rioters may be ordered to disperse 1 67. Rioters causing damage 1 68A. Provisions about lawful excuses under s. 68B, 68C, 68D and 68E 1 68B. Being armed in or near place of public entertainment 1 68C. Being armed in public in company 1 68D. Having ready access to both weapon and cash 1 68E. Having ready access to both weapon and illegal drug 1 68. Being armed in a way that may cause fear 1 69. Forcibly entering land 1 70. Forcibly keeping possession of land 1 70A. Trespass 1 70B. Trespasser may be asked for name and address 1 71. Fighting in public causing fear 1 72. Challenge to fight duel 1 73. Prize fight 1 74. Threat toward dwelling 1 74A. Disorderly behaviour in public 1 74B. Causing fear or alarm to driver of conveyance or others 1 75A. Term used: out‑of‑control gathering 1 75B. Organising out‑of‑control gathering 1 Chapter X — Offences against political liberty 75. Interfering with political liberty 1 Chapter XI — Racist harassment and incitement to racial hatred 76. Terms used 1 77. Conduct intended to incite racial animosity or racist harassment 1 78. Conduct likely to incite racial animosity or racist harassment 1 79. Possession of material for dissemination with intent to incite racial animosity or racist harassment 1 80. Possession of material for dissemination that is likely to incite racial animosity or racist harassment 1 80A. Conduct intended to racially harass 1 80B. Conduct likely to racially harass 1 80C. Possession of material for display with intent to racially harass 1 80D. Possession of material for display that is likely to racially harass 1 80E. Conduct and private conduct, meaning of in s. 77, 78, 80A and 80B 1 80F. Belief as to existence or membership of racial group 1 80G. Defences to s. 78, 80, 80B or 80D charge 1 80H. Consent to prosecution under s. 77, 78, 79 or 80 required 1 80I. Term used: circumstances of racial aggravation 1 80J. Unlawful material, forfeiture of 1 Chapter 11A — Nazi symbols and salute 80K. Terms used 1 80L. Meaning of Nazi hakenkreuz 1 80M. Meaning of Nazi symbol 1 80N. Display of Nazi symbols 1 80O. Offence to display Nazi symbol 1 80P. Offence to make Nazi gesture 1 80Q. Offence to apply Nazi symbol to property 1 80R. Defence to s. 80O or 80P charge 1 80S. General defences 1 80T. Exceptions 1 80U. Issue of Nazi symbol removal notice 1 80V. Content of Nazi symbol removal notice 1 80W. Service of Nazi symbol removal notice 1 80X. Duration of Nazi symbol removal notice 1 80Y. Revocation of Nazi symbol removal notice 1 80Z. Offence to hinder compliance with Nazi symbol removal notice 1 80ZA. Police powers relating to Nazi symbol removal notice 1 80ZB. Correcting mistakes in Nazi symbol removal notice 1 80ZC. Delegation by Commissioner of Police 1 80ZD. Forfeiture of unlawful material 1 80ZE. No compensation under this Chapter 1 80ZF. Exclusion of rule in s. 24 1 Part III — Offences against the administration of law and justice and against public authority Chapter XII — Disclosing official secrets 81. Disclosing official secrets 1 Chapter XIII — Corruption and abuse of office 82. Bribery of public officer 1 83. Corruption 1 84. Judicial officer, s. 82 and 83 do not apply to 1 85. Falsification of record by public officer 1 86. Administering oath without authority 1 87. Impersonating public officer 1 88. Bargaining for public office 1 Chapter XIV — Offences at elections 93. Terms used 1 94. Application of this Chapter 1 95. Liability for acts of others 1 96. Bribery 1 97. Undue influence 1 98. Electoral material, printing and publication of 1 99. False or defamatory statements or deceptive material, publication of 1 100. Postal voting, offences in connection with 1 101. Polling place, offences at or near 1 102. Voting offences 1 103. Ballot paper and ballot box offences 1 104. Secrecy offences 1 105. Electoral officer, offences by 1 106. False statements in connection with an election 1 107. Evidentiary matters 1 Chapter XVI — Offences relating to the administration of justice 120. Term used: judicial proceeding 1 121. Judicial corruption 1 122. Official corruption not judicial but relating to offences 1 123. Corrupting or threatening juror 1 124. Perjury 1 125. Perjury, penalty for 1 127. False evidence before Royal Commission 1 128. Threatening witness before Royal Commission etc. 1 129. Fabricating evidence 1 130. Corruption of witness 1 131. Deceiving witness 1 132. Destroying evidence 1 133. Preventing witness from attending 1 133A. False prosecution, commencing 1 134. Conspiracy to commence false prosecution 1 135. Conspiring to pervert etc. course of justice 1 136. Compounding or concealing offence 1 138. Advertising reward etc. for stolen property 1 139. Justice acting when personally interested 1 141. Bringing fictitious action on penal statute 1 142. Inserting advertisement without authority of court 1 143. Attempting to pervert etc. course of justice 1 Chapter XVII — Escapes: Rescues: Obstructing officers of courts 144. Forcibly freeing person from lawful custody 1 145. Aiding escape from lawful custody 1 146. Escaping from lawful custody 1 147. Permitting escape from lawful custody 1 148. Aiding escapee from lawful custody 1 149. Rescuing, permitting escape of or concealing a person subject to any law relating to mental disorder 1 150. Removing etc. property under lawful seizure 1 151. Obstructing court officer 1 Chapter XX — Miscellaneous offences against public authority 169. False statement on oath 1 170. False information to official etc. 1 171. Creating false belief 1 172. Obstructing public officer 1 173. Public officer refusing to perform duty 1 176. Disobeying request to help arrest person 1 177. Disobeying statute law 1 178. Disobeying lawful order issued by statutory authority 1 Part IV — Acts injurious to the public in general Chapter XXII — Offences against morality 181. Carnal knowledge of animal 1 186. Occupier or owner allowing young person to be on premises for unlawful carnal knowledge 1 187. Facilitating sexual offence against child outside WA 1 190. Being involved with prostitution 1 191. Procuring person to be prostitute etc. 1 192. Procuring person to have unlawful carnal knowledge by threat, fraud or administering drug 1 202. Obscene act in public 1 203. Indecent act in public 1 204. Indecent act with intent to offend 1 204A. Showing offensive material to child under 16 1 204B. Using electronic communication to procure, or expose to indecent matter, child under 16 1 205. Ignorance of age no defence to charge under this Chapter 1 206. Supplying intoxicant to person likely to abuse them 1 Chapter XXIII — Misconduct relating to corpses 214. Misconduct with regard to corpse 1 215. Interfering with corpse to hinder inquiry 1 Chapter XXV — Child exploitation material 217A. Terms used 1 217. Involving child in child exploitation 1 218. Producing child exploitation material 1 219. Distributing child exploitation material 1 220. Possession of child exploitation material 1 221A. Defences and exclusions for s. 217, 218, 219 and 220 1 221B. Unlawful material, forfeiture of 1 Chapter XXVA — Intimate images 221BA. Terms used 1 221BB. Term used: consent 1 221BC. Term used: distributes 1 221BD. Distribution of intimate image 1 221BE. Court may order rectification 1 221BF. Review of amendments made by Criminal Law Amendment (Intimate Images) Act 2019 1 Chapter XXVIA — Facilitating activities of criminal organisations 221C. Terms used 1 221D. Term used: criminal organisation 1 221E. Participating in activities of criminal organisation 1 221F. Instructing commission of offence for benefit of criminal organisation 1 Part V — Offences against the person and relating to parental rights and duties and against the reputation of individuals Chapter XXVI — Assaults and violence to the person generally: Justification, excuse and circumstances of aggravation 221. Term used: circumstances of aggravation 1 222. Term used: assault 1 223. Assault is unlawful 1 224. Execution of sentence is lawful 1 225. Execution of process is lawful 1 226. Execution of warrant is lawful 1 227. Sentence, process or warrant issued without authority, effect of 1 228. Sentence, process or warrant issued without authority, liability of person executing etc. 1 229. Arrest of wrong person 1 230. Process or warrant that is bad in law, liability of person executing etc. 1 231. Executing sentence, process or warrant or making arrest, using force for 1 233. Flight from arrest, use of force to prevent 1 235. Escape or rescue after arrest, use of force to prevent 1 238. Riot, use of force to suppress 1 239. Riot, use of force to suppress by justice and police officer 1 240. Riot, use of force to suppress by person acting under lawful order 1 241. Riot, use of force to suppress by person acting without order in case of emergency 1 242. Riot, use of force to suppress by military personnel 1 243. Violence by mentally impaired person, use of force to prevent 1 244. Home invasion, use of force to prevent etc. 1 245. Term used: provocation 1 246. Defence of provocation 1 247. Repetition of insult, use of force to prevent 1 248. Self‑defence 1 251. Movable property, use of force to resist taking of by trespasser etc. 1 252. Movable property possessed with claim of right, use of force to defend possession of 1 253. Movable property possessed without claim of right etc., use of force to take 1 254. Place, use of force to prevent entry to and remove people from 1 255. Place possessed with claim of right, use of force to defend 1 256. Entry to land to exercise disputed right‑of‑way etc., use of force to prevent 1 257. Discipline of children, use of force for 1 258. Discipline on ship or aircraft, use of force for 1 259. Surgical and medical treatment, liability for 1 259A. Inoculation procedure, liability for 1 260. Excessive force is unlawful 1 261. Consent to death immaterial 1 Chapter XXVII — Duties relating to the preservation of human life 262. Duty to provide necessaries of life 1 263. Duty of head of family 1 265. Duty of person doing dangerous act 1 266. Duty of person in charge of dangerous thing 1 267. Duty to do certain acts 1 Chapter XXVIII — Homicide: Suicide: Concealment of birth 268. Killing a person is unlawful 1 269. When a child becomes a human being 1 270. Term used: kill 1 271. Death from act done at childbirth 1 272. Causing death by threat 1 273. Acceleration of death 1 274. Death from bodily injury that might have been avoided or prevented 1 275. Death from, or from treatment of, grievous bodily harm 1 277. Unlawful homicide is murder or manslaughter 1 279. Murder 1 280. Manslaughter 1 281. Unlawful assault causing death 1 283. Attempt to unlawfully kill 1 284. Culpable driving (not of motor vehicle or vessel) causing death or grievous bodily harm 1 288. Procuring etc. suicide 1 290. Preventing birth of live child 1 291. Concealing birth of dead child 1 Chapter XXIX — Offences endangering life or health 292. Disabling in order to commit indictable offence etc. 1 293. Stupefying in order to commit indictable offence etc. 1 294. Act intended to cause grievous bodily harm or prevent arrest 1 294A. Dangerous goods on aircraft 1 295. Preventing escape from wreck 1 297. Grievous bodily harm 1 298. Suffocation and strangulation 1 299. Terms used in relation to s. 300 (persistent family violence) 1 300. Persistent family violence 1 301. Wounding and similar acts 1 304. Act or omission causing bodily harm or danger 1 305. Setting dangerous thing 1 305A. Intoxication by deception 1 306. Female genital mutilation 1 Chapter XXX — Assaults 313. Common assault 1 317. Assault causing bodily harm 1 317A. Assault with intent 1 318. Serious assault 1 318A. Assault on aircraft's crew 1 318B. Assault on retail workers 1 Chapter XXXI — Sexual offences 319. Terms used 1 320. Child under 13, sexual offences against 1 321. Child of or over 13 and under 16, sexual offences against 1 321A. Child under 16, persistent sexual conduct with 1 322. Child of or over 16, sexual offences against by person in authority etc. 1 323. Indecent assault 1 324. Aggravated indecent assault 1 325. Sexual penetration without consent 1 326. Aggravated sexual penetration without consent 1 327. Sexual coercion 1 328. Aggravated sexual coercion 1 329. Relatives and the like, sexual offences by 1 330. Incapable person, sexual offences against 1 331. Ignorance of age no defence for s. 320 and 329 1 331A. Terms used in s. 331B to 331D 1 331B. Sexual servitude 1 331C. Conducting business involving sexual servitude 1 331D. Deceptive recruiting for commercial sexual service 1 Chapter XXXIII — Offences against liberty 332. Kidnapping 1 333. Deprivation of liberty 1 336. Procuring apprehension or detention of person not suffering from mental illness or impairment 1 337. Unlawful detention or custody of person who is mentally ill or impaired 1 Chapter XXXIIIA — Threats 338. Term used: threat 1 338A. Threat with intent to gain etc. 1 338B. Threats 1 338C. Statement or act creating false apprehension as to existence of threat or danger 1 Chapter XXXIIIB — Stalking 338D. Terms used 1 338E. Stalking 1 Chapter XXXIV — Offences relating to parental rights and duties 343. Child stealing 1 343A. Publication of report of child‑stealing unlawful unless approved 1 344. Deserting child under 16 1 Chapter XXXV — Criminal defamation 345. Criminal defamation 1 Part VI — Offences relating to property and contracts Division I — Stealing and like offences Chapter XXXVI — Stealing 370. Things capable of being stolen 1 371. Term used: steal 1 371A. Using etc. motor vehicle without consent is stealing 1 372. Cases which are not stealing 1 373. Funds etc. held under direction, who owns etc. 1 374. Proceeds of sale etc. of property by agent, who owns 1 375. Money received for another, who owns 1 376. Stealing by person having an interest in the thing stolen 1 378. Penalty for stealing 1 Chapter XXXVII — Offences analogous to stealing 379. Concealing official register 1 380. Concealing will 1 381. Concealing certificate of title etc. 1 382. Killing animal with intent to steal 1 383. Severing with intent to steal 1 384. Using registered brand with criminal intention 1 385. Fraudulently dealing with ore at mine 1 386. Concealing royalty 1 387. Removing guano without licence 1 388. Bringing stolen goods into WA 1 389. Fraudulent disposition of mortgaged goods 1 390. Fraudulent appropriation of electricity etc. 1 390A. Unlawful use of conveyance (not of motor vehicle) 1 Chapter XXXVIII — Robbery: Extortion by threats 391. Term used: circumstances of aggravation 1 392. Robbery 1 393. Assault with intent to rob 1 396. Demanding property with threats with intent to steal 1 397. Demanding property with threats with intent to extort or gain 1 398. Threats etc. with intent to extort etc. 1 399. Procuring execution of deed etc. by threat etc. with intent to defraud 1 Chapter XXXIX — Offences in or in respect of buildings etc. 400. Terms used 1 401A. Term used: relevant conviction 1 401B. Term used: repeat offender 1 401. Burglary 1 407. Person found armed etc. with intent to commit crime 1 Chapter XL — Fraud 409. Fraud 1 Chapter XLI — Receiving property stolen or fraudulently obtained and like offences 414. Receiving stolen property etc. 1 415. Receiving after change of ownership 1 416. Taking reward for recovery of property obtained by means of indictable offence 1 417. Possessing stolen or unlawfully obtained property 1 417A. Punishment for possession in special cases 1 Chapter XLII — Frauds by trustees and officers of companies and corporations: False accounting 418. Signing false document relating to company 1 419. Company's books etc., acts etc. as to by director etc. with intent to defraud 1 420. False statement by company's official 1 421. False statement by company's official with intent to affect share price 1 422. Defence for this Chapter 1 424. Fraudulent falsification of record 1 Chapter XLIII — Summary conviction for stealing and like indictable offences 426. Summary conviction penalty for certain stealing and like offences 1 426A. When summary conviction penalty under s. 426(4) does not apply 1 427. Summary conviction penalty for certain offences of fraudulent nature 1 Chapter XLIV — Simple offences analogous to stealing 429. Unlawfully using another person's animal 1 436. Unlawful fishing 1 437. Unlawfully taking fish etc. 1 Chapter XLIVA — Unauthorised use of computer systems 440A. Unlawful use of computer 1 Division II — Injuries to property Chapter XLV — Preliminary matters 441. Acts injuring property, when unlawful etc. 1 442. Lawful act done with intent to defraud is unlawful 1 443. Term used: wilfully destroy or damage 1 444A. Duty of person in control of ignition source or fire 1 Chapter XLVI — Offences 444. Criminal damage 1 445A. Breach of s. 444A duty 1 445. Damaging property 1 449. Casting away etc. vessel 1 451. Acts etc. with intent to obstruct or injure railway 1 451A. Acts etc. with intent to prejudice safe use of aircraft etc. 1 451B. Unlawfully interfering with aircraft 1 454. Causing explosion likely to do serious injury to property 1 455. Acts done with intent to cause explosion likely to do serious injury to property 1 456. Acts with intent to injure mine etc. 1 457. Interfering with marine navigation aid 1 458. Interfering with navigation works 1 459. Communicating infectious disease to animal 1 460. Unlawfully travelling with infected animal 1 461. Removing boundary mark with intent to defraud 1 462. Obstructing railway 1 Division III — Forgery and like offences: Identity crime: Personation Chapter XLIX — Forgery and uttering 473. Forgery and uttering 1 474. Preparation for forgery etc. 1 Chapter L — False representations as to status 488. Procuring or claiming unauthorised status 1 Chapter LI — Identity crime 489. Terms used 1 490. Making, using or supplying identification material with intent to commit indictable offence 1 491. Possessing identification material with intent to commit indictable offence 1 492. Possessing identification equipment with intent that it be used to commit indictable offence 1 493. Attempt offences do not apply 1 494. Court may grant certificate to victim of identity offence 1 Chapter LIII — Personation 510. Personation in general 1 511. Personating owner of shares 1 512. Falsely acknowledging liability etc. of another 1 513. Uttering qualification etc. of another 1 514. Lending qualification etc. to another with intent it be used for personation 1 Division IV — Offences connected with trade and breach of contract, and corruption of agents, trustees, and others Chapter LIV — Fraudulent debtors 527. Fraudulent dealing by judgment debtor 1 Chapter LV — Corruption of agents, trustees, and others in whom confidence is reposed 529. Agent corruptly receiving or soliciting reward etc. 1 530. Corruptly giving or offering agent reward etc. 1 531. Gift to agent's parent etc. deemed gift to agent 1 532. Giving agent, or agent using, false receipt etc. with intent to defraud principal 1 533. Secret commission given by third party to person advising another to contract with third party etc. 1 534. Secret commission for advice to another 1 535. Secret commission to trustee for substituted appointment 1 536. Aiding etc. Chapter LV offences within or outside WA 1 537. Liability of director etc. acting without authority 1 538. Penalty for Chapter LV offences 1 539. Court may order withdrawal of trifling or technical case 1 540. Protection of witness giving answers criminating himself 1 541. Stay of proceedings against such witness 1 542. Custom of itself no defence 1 543. Burden of proof that gift etc. not secret commission 1 546. Terms used 1 Chapter LVI — Other offences 547. Joint stock company officer concealing information etc. as to reduction of capital 1 548. Company being wound up, officer of falsifying books of etc. 1 549. Mixing uncertified with certified articles 1 Part VII — Preparation to commit offences: Conspiracy: Accessories after the fact Chapter LVII — Attempts and preparation to commit offences 552. Attempt to commit indictable offence 1 553. Incitement to commit indictable offence 1 555A. Attempt and incitement to commit simple offence under this Code 1 556. Attempt to procure commission of criminal act 1 557. Making or possessing explosives in suspicious circumstances 1 Chapter LVIIA — Offences to do with preparing to commit offences 557A. Presumption as to intention 1 557C. Unlawful thing, forfeiture of 1 557D. Possessing stupefying or overpowering drug or thing 1 557E. Possessing thing to assist unlawful entry to place 1 557F. Possessing thing to assist unlawful use of conveyance 1 557H. Possessing disguise 1 557I. Possessing bulletproof clothing 1 557K. Child sex offenders not to be in or near places where children are regularly present 1 Chapter LVIII — Conspiracy 558. Conspiracy to commit indictable offence 1 560. Conspiracy to commit simple offence 1 Chapter LIX — Accessories after the fact and property laundering 562. Accessory after the fact to indictable offence 1 563A. Property laundering 1 563B. Dealing with property used in connection with an offence 1 Part VIII — Miscellaneous Chapter LXXIII — Infringement notices 720. Term used: CP Act 1 721. Regulations to allow infringement notices to be issued for Code offences 1 722. Alleged offenders taken to be charged suspects for purposes of Criminal Investigation (Identifying People) Act 2002 1 723. Monitoring of Chapter by Ombudsman 1 Chapter LXXIV — Miscellaneous provisions 730. Forfeitures, escheats etc. abolished 1 731. Forfeiture etc. of property used to commit offence 1 737. Saving of civil remedies 1 738. Answers and discovery tending to show Chapter XXXV or LV offence 1 739. Review of law of homicide 1 740A. Review of certain amendments to s. 297 and 318 1 740B. Review of certain amendments relating to home burglary 1 740C. Review of amendments made by Family Violence Legislation Reform Act 2020 1 740D. Review of amendments made by Directors' Liability Reform Act 2023 1 740. Transitional provisions (Sch. 1) 1 Schedule 1 — Transitional provisions 1. Terms used 1 2. Acts or omissions committed before 1 Aug 2008 1 3. Offenders serving life term at 1 Aug 2008 1 4. Transitional provisions for Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Criminal Code