483
ANNO
TRICESIMO
ELIZABETHAE SECUNDAE REGINAE
VICTORIA
Crimes (Classification of Offences)
Act 1981
No. 9576
An Act 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 Act 1958 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 Act may be cited as the Crimes {Classification of shon title.
Offences) Act \9U.
(2) The Crimes Act 1958 is in this Act referred to as the Principal Principal AM
Art
^°- ""•
"•*''••
Reprinted to
No. 9073.
Subsequently
amended by
Nos. 9155,
9228. 9230,
9242, 9323,
9407 and 9427.
(3) This Act shall come into operation on a day to be fixed commenceby proclamation of the Governor in Council published in the ""*"*•
Government Gazette.
2. After
484
Crimes (Classification of Offences)
1981
N o . 9576
Amendment of
No. 6231.
New Pan
inserted.
2. After section 3 2 2 A of the Principal Act there shall be inserted
the following Part:
Abolition of
distinctions
between
felony and
misdemeanour.
(1) All distinctions between felony a n d misdemeanour
are hereby abolished.
Law
and practice
applicable to
misdemeanours
to be applied.
(2) Subject to section 3 2 2 D , in all matters in which before the
commencement of this Part a distinction has been made between
felony a n d misdemeanour (including mode of trial), the law and
practice in relation to all indictable offences cognizable under the
law of Victoria (including piracy a n d offences deemed to be piracy)
shall be the law and practice applicable immediately before the
commencement of this Part in relation to misdemeanour.
Nomenclature.
3 2 2 C . (1) Subject to any express amendment or repeal made
by the Crimes (Classification of Offences) Act 1981, any enactment
passed before the commencement of this Part and creating a n 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 n o 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 a n indictable offence.
(4) Subject to sub-section (1) and to any express amendment
or repeal made by the Crimes (Classification of Offences) Act 1981,
a reference in any instrument or document whatsoever (including
Acts, rules, regulations and other instruments of a legislative
character) t o —
(a) a class of felony; or
(b) felonies in general—
shall be read a n d construed as a reference to that class of serious
indictable offence or to serious indictable offences generally, as
the case requires; a n d 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 Act, rule, regulation or other instrument
of a legislative character a provision is expressed to apply to o r
in relation to indictable offences, the provision shall be read a n d
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.
3 2 2 D . (1) This Part, insofar as it affects any matter of procedure
References to
obsolete terms.
Transitional
provisions.
' P A R T I B . — A B O L I T I O N OF HISTORICAL CLASSIFICATIONS.
322B.
.,
^ '
,
,
.
;
,
,
,
_ •'
.'^
,
.
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 a n offence (except as provided by
the
1981
Crimes {Classification of Offences)
N o . 9576
485
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) O n 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) Act 1981 had not come into
operation, but not of any other offence.
322E. Nothing in this Part shall be taken to affect directly o r Treason snd
indirectly any matter of law or pii-actice applicable to treason or i^soonSt"'^
misprision of treason.
affected.
3 2 2 F . 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 Act there shall be inserted Amendmentoi
r 11
•
^No. 6231.
the following
section:
" 3 A . (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 Act as xransiuonai.
amended by this Act, the provisions of that sub-section shall apply
only in relation to acts of violence occurring after the commencement
of this Act.
(3) Notwithstanding sections 3 A (2) and 3 2 2 D of the Principal
Act as amended by this Act, 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 Act.
4. (1) F o r
tu
Crimes {Classification of Offences)
No. 9576
486
1981
Amendment or
No. 6231.
Substitution o(
Division 1 of
Part II.
4. (1) For Division 1 of Part II. of the Principal Act there
shall be substituted the following Division:
'DIVISION
1.—ABETTORS,
ACCESSORIES
AND
CONCEALERS
OF
OFFENCES.
Abettors in
indictable
offences triable
as principal
offenders.
Abettors in
summary
offences triable
asprinclpal
offenders.
Accessories.
(1) Abettors in Indictable Offences.
323. 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.
324. A person who aids, abets, counsels or procures the
commission of an offence which is by this Act 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
1981
Crimes {Classification of Offences)
No. 9576
(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.
326. (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
487
488
Amendment of
No. 8184
s. 69 (1).
Summary trial
for concealing
offence for
benefit.
Pleas.
Entitlement to
plead " Not
Guilty ".
1981
Crimes {Classification of Offences)
No. 9576
(2) In section 69 (1) of the Magistrates' Courts Act 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
Act 1958 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—".
5. After section 390 of the Principal Act 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.
Pleas to
statutory
alternatives.
(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."
Alternative
verdicts.
6. For sections 421 and 422 of the Principal Act 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.
Alternative
verdicts on
charge of
murder.
Alternative
verdicts
generally.
(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
1981
Crimes {Classification of Offences)
No. 9576
(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.
422. (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
presentment for attempting to commit an offence or any assault
or other act preliminary to an offence it appears that the facts
in evidence amount in law to the completed offence, the person
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.
where
oefen«""'
S^triS^for
p^uminao'
(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 Act 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
489
490
1981
Crimes {Classification of Offences)
No. 9576
(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
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.
{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 Act 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 Act" there shall be substituted the words "punishable
under this or any other Act or at common law" and for
the words "any of the punishments authorized by this
Act" there shall be substituted the words "any 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
1981
Crimes (Classification of Offences)
No. 9576
491
10. After section 63A. of the Supreme Court Act 1958 there Amendment of
shall be inserted the following section:
^tirtio"" of
"63B. Without limiting the generality of section 322B of the Failure to
Crimes Act 1958, 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 Act,
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.
SCHEDULE
492
1981
Crimes {Classification of Offences)
No. 9576
SCHEDULE
Act
No.
1468..
2308..
3054..
3510..
3551..
f»
3819..
3827..
l>
3931..
4004..
»
4030..
4073..
4195..
4237..
4338..
5020..
5054..
Short Title
Extent of Amendment or Repeal
Victorian Government In sections 34, 35. 36, 37 and 38 for the word
Stock Act 1896
"felony" there shall be substituted the words
"an indictable offence".
Victorian Government In sections 30, 31, 32, 33 and 34 for the word
Special Inscribed Stock
"felony" there shall be substituted the words
Act 1910
"an indictable offence".
Victorian Government In section 3 for the word "felony" there shall be
Debentures Regulation substituted the words "an indictable offence".
Act 1920
Fallowing Advances Act In section 9 for the words "a misdemeanour" there
1927
shall be substituted the words "an indictable
offence".
Cultivation Advances Act In section 12 for the words "a misdemeanour" there
1927
shaU be substituted the words "an indictable
offertce".
f>
»>
*>
In section 14 for the word "felony" there shall be
substituted the words "an indictable offence".
Cultivation Advances Act In section 12 for the words "a misdemeanour"
1929
there shall be substituted the words "an
indictable offence".
Cultivation Advances Act In section 12 for the words "a misdemeanour" there
1929 (No. 2)
shall be substituted the words "an indictable
offence".
f9
l>
It
In section 15 for the word "felony" there shall be
substituted the words "an indictable offence".
Cultivation Advances Act In section 14 for the words "a misdemeanour" there
1930
shall be substituted the words "an indictable
offence".
Cultivation Advances Act In section 14 for the words "a misdemeanour" there
1931
shall be substituted the words "an indictable
offence".
t>
*l
»f
In section 16 (5) for the word "felony" there shall
be substituted the words "an indictable offence".
State
Coal
Mine In section 5 (2) for the words "convicted of felony
Industrial Tribunal Act
or any infamous offence" there shall be
1932
substituted the words "convicted on indictment
or presentment of any offence".
Cultivation Advances Act In section 16 for the words "a misdemeanour" there
1932
shall be substituted the words "an indictable
offence".
In section 18 (5) for the word "felony" there shall
substituted the words "an indictable offence".
Cultivation Advances Act In be
section 16 for the words "a misdemeanour" there
1933
shall be substituted the words "an indictable
Cultivation Advances Act • offence".
In section 17 for the words 'a misdeitieanour"
1934
there shall be substituted the words "an
indictable offence".
In section 19 (5) for the word "felony" there shall
be substituted the words "an indictable
offence".
Farmers Advances Act
In
section 18 for the words "a misdemeanour" there
1935
shall be substituted the words "an indictable
offence".
Farm Water Supply
In section 8 (1) for the words "a misdemeanour"
Advances Act 1944
there shall be substituted the words "an
indictable
offence".
Drought Relief Act 1944
In section 8 for the words "a misdemeanour" there
shall be substituted the words "an indictable
offence".
SCHEDULE
1981
Crimes {Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
Short Title
Extent of Amendment or Repeal
Drought Relief Act 1946 In section 8 for the words "a misdemeanour" there
shall be substituted the words "an indictable
offence".
5225. Drought Relief Act 1947 In section 8 for the words "a misdemeanour" there
shall be substituted the words "an indictable
offence".
6191. Administration
and In section 66 (1) for the words "a misdemeanour"
there shall be substituted the words "an
Probate Act 1958
indictable offence".
6201. Architects Act 1958 .. In section 5 (8) for the words "of any felony"
there shall be substituted the words "on
indictment or presentment of any offence".
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
misdemeanour" there shall be substituted the
words "an indictable offence".
In section 13 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
6202.
Auction Sales Act 1958 In section 38 for the words "a felony" there shall
be substituted the words "an indictable
offence".
In section 39 (c) for the word "feloniously" there
•»
»»
•!
shall be substituted the word "criminally".
Carriers and Innkeepers In section 10 for the word "felonious" there shall
6214.
Act 1958
be substituted the word "criminal".
Cemeteries Act 1958 .. In section 80 for the words "a misdemeanour" there
6217.
shall be substituted the words "an indictable
offence".
In section 81 for the word "felony" there shall
be substituted the words "an indictable
offence".
6221.
Coa! Mines Act 1958.. In section 32 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
In section 116 (9) (e) for the words "a felony or
»*
misdemeanour" there shall be substituted the
words "an indictable offence".
6224.
The Constitution Act In sections 137, 189 (3), 234, 241 (2), 242 (2), 245,
Amendment Act 1958
246, 252, 253 and 254 (2) for the words "a
misdemeanour" there shall be substituted the
words "an indictable offence".
In sections 177 (6), 178 (6), 183 (2), 193 (4) and
194 (1) (b) for the words "offences which are
made misdemeanours by this Act" there shall
be substituted the words "offences which are
declared by this Act to be indictable".
In section 244 (1) for the word "misdemeanour"
there shall be substituted the words "indictable
offence".
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
6227.. Coroners Act 1958
before the fact to" there shall be substituted the
words "aiding, abetting, counselling or
procuring".
In section 33 (2) for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
6229.. Country Roads Act 195S In section 9 for the words "a misdemeanour" there
shall be substituted the words "an indictable
offence".
5122.
SCHEDULE
493
494
1981
Crimes (Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
Short Title
Extent of Amendment or Repeal
6231..
Crimes Act \9S%
In sections II (1) and (2), 12. 13, 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, 269.
270, 271, 272, 273, 274, 275, 276, 277, 278, 279.
280, 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 indictable offence".
In sections 10 (3) and (4), 423, 545, 547 and 548
for the word "felony" (wherever appearing)
there shall be substituted the words "indictable
offence".
In sections 16A, 16B, 36A, 68 (3B), 74, 75 (2), 75A (2),
„
„
„
76 (3), 80 (1) and (2), 246A, 246B and 246c for
the words "a felony" (wherever appearing) there
shall be substituted the words "an indictable
offence".
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,
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^
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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 indictable offence".
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, 382.
385, 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."
„
„
'
In the Table in section 1, for the words and
expressions relating to Division 1 of Part II.
there shall be substituted the following words
and expressions:
"Division 1.—^Abettors, (1) Abettors
in
Accessories
and
Indictable
Concealers of Offences
Offences s. 323.
ss. 323—326.
(2) Abettors
in
Offences
Punishable
Summarily
s. 324.
SCHEDULE
1981
Crimes (Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
Short Title
Extent of Amendment or Repeal
6231..
Crimes Act 1958
—continued
(3) Accessories
s. 325.
(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
misdemeanour" there shall be substituted the
words "the indictable offence".
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
shall be substituted the words "an indictable
offence" and for the word "felony" (where
second appearing) there shall be substituted
the words "an indictable offence".
In section 79 (2) for the words "a felony" there
shall be substituted the words "an indictable
offence" and for the word "felony" (where
second and third appearing) there shall be
substituted the word "offence".
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
misdemeanour" there shall be substituted the
words "an indictable offence".
,,
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.,
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,-,
SCHEDULE
495
496
1981
Crimes (Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
Short Title
Extent of Amendment or Repeal
6231..
Crimes Act 1958
—continued
In section 359A (2) (a) for the words "indictment
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 "indictable offence".
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
offence".
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.
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,,
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SCHEDULE
1981
Crimes (Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
Short Title
Extent of Amendment or Repeal
6231..
Crimes Act 1958
—continued
For section 435 there shall be substituted the
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
misdemeanour" there shall be substituted the
words "an indictable offence".
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 indictable offence".,
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
"indictable offence".
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
„
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SCHEDULE
497
498
1981
Crimes (Classification of Offences)
No. 9576
ScHEDUix—continued
Act
No.
Short Title
6231.
Crimes Act 1958
—continued
Extent of Amendment or Repeal
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
>i
f»
substituted the words "indictable offences".
In section 566 in the interpretation of
tf
>f
"Indictment"the words" and information" shall
be repealed.
In the Fourth and Fifth Schedules the expression
t>
)•
"[or information]" shall be repealed.
In the Sixth Schedule, in Rule 2, the words
>>
I*
"whether felonies or misdemeanours" shall be
repealed.
In the Sixth Schedule, in the Appendix to the
I*
tf
Rules, Form 17 shall be repealed.
6235. Dietitians Registration In section 15 for the words "a misdemeanour" there
Act 1958
shall be substituted the words "an indictable
offence".
In section 16 (1) (c) for the words "felony or
tt
•I
l>
misdemeanour" (where twice appearing) there
shall be substituted the words "indictable
offence".
6239. DriedFruits Act 1958 .. In section 10 (2)'(e) for the words "a felony or
misdemeanour" there shall be substituted the
words "an indictable offence".
6241.
Electric Light and Power In section 50 for the words "a misdemeanour" there
Act 1958
shall be substituted the words "an indictable
offence".
9428. Estate Agents Act 1980 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
offence".
In section 90 for the words "a misdemeanour"
•*
n
there shall be substituted the words "an
indictable offence".
In section 91 for the word "felony" there shall
i»
(I
t*
be substituted the words "an indictable offence".
6246.. Evidence Act 1958
In sections 23 (3), 55B (5) and 144 for the words
"a misdemeanour" there shall be substituted
the words "an indictable offence".
In section 29 for the words "felony or
misdemeanour" there shall be substituted
the words "or an indictable offence".
In sections 142 and 143 for the word "felony"
»»
t*
there shall be substituted the words "an
indictable offence".
In section 137 for the words "a felony" there shall
»
ft
»•
be substituted the words "an indictable offence".
6251.
Firearms Act 1958
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
1981
Crimes (Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
Short Title
6251..
Firearms Act 1958
—continued
Extent of Amendment or Repeal
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
II
II
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"
II
II
there shall be substituted the words "an
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"
II
II
there shall be substituted the words "an
indictable offence".
In section 42 for the word "felony" there shall be
substituted the words "an indictable offence".
In section 16 (3) for the words "a misdemeanour"
6254.. Forests Act \95i
there shall be substituted the words "an
indictable offence".
In section 66 for the word "felony" there shall be
II
II
»
II
substituted the words "an indictable offence".
6255.. Friendly Societies Act In Rule (8) of section 13, provision (4) of section
1958
24, and in section 26 for the words "a
misdemeanour" (wherever appearing) there
shall be substituted the words "an indictable
offence".
6256.. Fruit and Vegetables Act In section 15 for the words "of any felony" there
1958
shall be substituted the words "on indictment
or presentment of any offence".
6262.. Geelong Harbor Trust In section 96 (1), (2) and (3) for the word "felony"
Act 1958
(wherever appearing) there shall be substituted
6263.. Geelong Waterworks and the words "an indictable offence".
In section 11 for the words "of felony or any
Sewerage Act 1958
infamous offence" there shall be substituted the
words "on indictment or presentment of any
6265.. Goods Act \95Z
offence".
In sections 75 and 78 for the words "a
misdemeanour", there shall be substituted the
*>
(f
*f
» '
words "an indictable offence".
In section 80 for the word "misdemeanour" there
shall be substituted the words "indictable
6266.. Grain Elevators Act 1958 offence".
In section 5 (11) for the words "a misdemeanour"
there shall be substituted the words "an
•>
11
II
II
indictable offence".
In section 52 (1), (2) and (3) for the word "felony"
(wherever appearing) there shall be substituted
6269.. Hawkers and Pedlers Act
the words "an indictable offence".
1958
In section 17 for the words "a misdemeanour"
there shall be substituted the words "an
It
11
II
fl>
indictable offence".
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 offence".
SCHEDULE
499
500
1981
Crimes (Classification of Offences)
No. 9576
ScHtDVLE—continued
Act
No.
Short Title
Extent of Amendment or Repeal
6269.. Hawkers and Pedlers Act In section 38 (3) for the words "convicted of
1958—continued
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 offence".
6274.. Hospitals and Charities In section 59 (1) (e) for the words "felony or
Act 1958
misdemeanour" there shall be substituted the
words "or indictable offence".
In section 20 for the words "a misdemeanour"
6275.. Housing Act 1958
there shall be substituted the words "an
indictable offence".
In section 82 (1) for the word "felony" there
»»
shall be substituted the words "an indictable
offence".
6277.. Industrial and Provident In section 49 (c) for the words "a misdemeanoiu-"
Societies Act 1958
there shall be substituted the words "an
indictable offence".
In section 81 for the word "misdemeanour"
6279..
Instruments Act 1958 .. there shall be substituted the words "an
indictable offence".
In section 20 (2) for the words "of felony or
6290..
Latrobe Valley Act 1958
any infamous offence" there shall be substituted
the words "on indictment or presentment of
any offence".
Legal
Profession
Practice
6291..
In sections 40 (4) (6) and 42 (1) and (2) for the
Act 1958
words "a misdemeanour" there shall be
substituted the words "an indictable offence."
In section 84 (1) (6) for the words "felony or
tf
»*
misdemeanour" there shall be substituted the
words "an indictable offence".
Local
Government
Act
6299..
In section 151 (2) and (3) for the words "a
1958
misdemeanour" there shall be substituted the
words "an indictable offence".
6302.. Marine Act 1958
In section 44 for the words "of felony or any
infamous offence" there shall be substituted
the words "on indictment or presentment of
any offence".
In section 67 for the words "felony or
misdemeanour" there shall be substituted the
words "indictable offence".
In sections 68, 97, 109, 133 and 244 for the
words "a misdemeanour" there shall be
substituted the words "an indictable offence".
In section 245 for the word "misdemeanours"
there shall be substituted the words "indictable
offences".
6309. Medical Act 1958
In sections 44 and 120 for the words "a
misdemeanour" there shall be substituted the
words "an indictable offence".
6311. Melbourne and Metro- In section 11 for the words "of felony or perjury
politan Tramways Act
or any infamous crime" there shall be substituted
1958
the words "on indictment or presentment of
any offence";
of Melbourne In section 154 (1), (2) and (3) for the word
6312. Port
Authority Act 1958
"felony" there shall be substituted the words
"an indictable offence".
6316. Mildura Irrigation and In section 25 (3) for the word "felony" there
Water Trusts Act 1958
shall be substituted the words "an indictable
offence".
In section 32 (7) for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
SCHEDULE
1981
Crimes (Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
6316..
6317..
6320..
6324..
6328..
6329..
6331..
6332..
6338..
6340..
f>
6350..
6355..
>f
6357..
6363..
Short Title
Extent of Amendment or Repeal
Mildura Irrigation and In section 52 (2) for the words "of felony or any
Water Trusts Act 1958
infamous oriience" there shall be substituted the
—continued
words "on indictment or presentment of any
offence".
Milk
and
Dairy In section 11 (1) (6) for the words "a felony or
Supervision Act 1958
misdemeanour" there shall be substituted the
words "an indictable offence".
Mines Act 1958
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 offence".
Money Lenders Act 1958 In section 34 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
In section 23 (1) (c) for the words "any felony or
Nurses Act 1958
misdemeanour" there shall be substituted the
words "any indictable offence" and for the words
"a felony or misdemeanour" there shall be
substituted the words "an indictable offence".
Optometrists Registra- In section 5 (6) for the words "any felony" there
tion Act 1958
shall be substituted the words "on indictment
or presentment of any offence".
In section 18 (1) (c) for the words "any felony
or misdemeanour" there shall be substituted the
words "any indictable offence" and for the words
"a felony or misdemeanour" there shall be
substituted the words "an indictable offence".
Patriotic Funds Act 1958 In section 26 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
Pawnbrokers Act i95i .. In sections 15, 22 and 34 for the words "a
misdemeanour" there shall be substituted the
words "an indictable offence".
Police Regulation Act In section 98 for the words "a misdemeanour"
1958
there shall be substituted the words "an
indictable offence".
Portland Harbor Trust In section 9 (1) for the words "a misdemeanour"
there shall be substituted the words "an
Act 1958
indictable offence".
In section 36 (1), (2) and (3) for the word "felony"
I>
*>
t*
there shall be substituted the words "an
indictable offence".
Public Trustee Act 1958 In section 54L (1) (a) for the words "indictment
presentment or information" there shall be
substituted
the words
"indictment
or
presentment".
Railways Act 1958
In section 63 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
In section 158 for the words "a misdemeanour"
)i
ft
**
there shall be substituted the words "an
indictable offence".
Religious Successory and In section 58 for the words "a misdemeanour"
Charitable Trusts Act
there shall be substituted the words "an
1958
indictable offence".
In section 59 for the word "felony" there shall be
substituted the words "an indictable offence".
In section 60 for the words "a misdemeanour or
a felony" there shall be substituted the words
"an indictable offence".
Second-hand Dealers Act In section 10 (3) for the words " of felony or of
any breach of any of the provisions of this Act"
1958
there shall be substituted the words "of any
breach of the provisions of this Act or on
indictment or presentment of any offence".
SCHEDULE
501
502
1981
Crimes {Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
.
6368.
6375..
6377.
6379.
6387..
6397..
6399..
6401..
6402..
6405..
6406..
)*
6408..
6409..
6410..
Short Title
Extent of Amendment or Repeal
Sewerage Districts Act In section 25 (2) for the words "of felony or any
infamous offence" there shall be substituted
1958
the words "on indictment or presentment of
any offence".
Stamps Act 1958
In section 124 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offencq".
In section 161 CI) for the word "felony"
there shall be substituted the words "an
indictable offence".
In section 161 (2) for the word "misdemeanour"
there shall be substituted the words "an
indictable offence".
State
Electricity In section 96 (1), (2) and (3) for the word "felony"
Commission Act 1958 there shall be substituted the words' "an
indictable offence".
State Bank Act 1958 ..
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
offence".
In sections 18 and 57 for the words "a
misdemeanour" there shall be substituted the
words "an indictable offence".
»f
>f
In section 114 (1) for tlie word "felony" there
shall be substituted the words "an indictable
offence".
Supreme Court Act 1958
In sections 196 and 202 for the words "a
misdemeanour" there shall be substituted the
words "an indictable offence".
Trade Unions Act 1958
In section 25 for the words "a misdemeanour"
' there shall be substituted the words "an
indictable offence".
Transfer of Land Act
1958
In section 119 (1) for the words "a misdemeanour"
there shall be substituted the words "an
Trustee Act 1958
indictable offence".
In section 48 (1) for the words "of felony"
there are substituted the words "on indictment
Trustee Companies Act
or presentment of any offence".
1958
In section 26 (2) for the words "a misdemeanour"
Melbourne University Act there shall be substituted the words "an
1958
indictable offence".
In section 9 for the words "felony or
Unlawful Assemblies and misdemeanour" there shall be substituted the
Processions Act 1958
words "indictable offence".
In sections 6 and 10 for the words "a
>•
*f
tt
misdemeanour" there shall be substituted the
words "an indictable offence".
Venereal Diseases Act
In section 13 for the word "felony" there shall
1958
be substituted the words "indictable offence".
Vermin and Noxious In section 14 (1) for the words "felony or
Weeds Act 1958
misdemeanour" there shall be substituted the
words "indictable offence".
Veterinary Surgeons Act In section 3F (2) for the words "a misdemeanour"
1958
there shall be substituted the words "an
indictable offence".
In section 26 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
SCHEDULE
1981
Crimes (Classification of Offences)
No 9576
SCHEDULE—continued
Act
No.
Short Title
Extent of Amendment or Repeal
In section 40 for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
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 offence".
6420.. Wrongs Act 1958
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.
6605.
Mental Health Act 1959 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 indictable offence".
Valuation of Land Act In section 35 (2) for the words "a misdemeanour"
6653.
1960
there shall be substituted the words "an
indictable offence".
Finance and In section 8 for the words "a misdemeanour"
6846. Rural
Settlement Commission there shall be substituted the words "an
indictable offence".
Act 1961
6889. Poisons Act 1962
In section 35 (1) for the word "misdemeanour"
there shall be substituted the words "indictable
offence".
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";
Probate Duty Act 1962..
6890.
In section 12 (4) for the words "a misdemeanour"
there shall be substituted the words "an
indictable offence".
Collusive Practices Act
7353.
1965
In sections 3 (1) and (3) and 7 for the words "a
misdemeanour" there shall be substituted the
7355.
Psychological Practices
words "an indictable offence".
Act 1965
In section 17 (1) (6) for the words "a felony or
indictable misdemeanour" there shall be
7393.
Vagrancy Act 1966
substituted the words "an indictable Offence".
In section 7 (1) ( / ) and (2) for the words "^ felony
or misdemeanour" (wherever occurring) there
shall be substituted the words "an indictable
offence".
Lotteries Gaming and In section 8 (a) for the word "felonious" there
7429.
Betting Act 1966
shall be substituted the word "criminal".
In section 62 ( / ) for the words "indictment
presentment or information is laid or exhibited"
Zoological Parks and
7518.
there shall be substituted the words "indictment
Gardens Act 1967
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 offence".
6413..
fVater Act \958
SCHEDULE
503
504
1981
Crimes (Classification of Offences)
No. 9576
SCHEDULE—continued
Act
No.
7614..
Short Title
Extent of Amendment or Repeal
Swine Compensation Act In section 16 (2) for the words "a misdemeanour"
1967
there shall be substituted the words "an
indictable offence".
In section 34 (1) for the word "felony" (where
7651.. Juries Act 1967
first appearing) there shall be substituted the
words "indictable offence" and for the words
"felony or misdemeanour" there shall be
substituted the words "indictable offence".
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—".
7765.. Chiropodists Act 1968.. 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 indictable offence".
7772.. Alcoholics and Drug- In sections 16 (3) and 23 for the words "a
dependent Persons Act misdemeanour" there shall be substituted the
1968
words "an indictable offence".
8023.. Melbourne UndergroundIn section 21 (1), (2) and (3) for the word "felony"
there shall be substituted the words "an
Rail Loop Act 1970
indictable offence".
8184.. Magistrates' Courts Act In sections 22, 30, 31 and 31B for the words "a
1971
misdemeanour" there shall be substituted the
words "an indictable offence".
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.
8406.. Egg Industry StabilizationIn section 26 (6) (e) for the words "a felony or
of a misdemeanour" there shall be substituted
Act 1973
the words "an indictable offence" and for the
words "a felony or a misdemeanour" there
shall be substituted the words "an indictable
offence".
8731.. Magistrates (Summary In section 6 (1) the expression ", whether for
Proceedings) Act 1975 felonies or misdemeanours or for both felonies
and misdemeanours,".
8750.. Constitution Act 1975.. 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".