NSW Criminal Offences Act (2023)
Table of Contents
Criminal Offences Act 2021 (New South Wales) 5
Possess prohibited/restricted precursor substance (small quantity) 6
Possess prohibited/restricted substance (small quantity) 6
Use offensive language/act in offensive manner in public place 6
Enter/remain on private property (trespass) 6
Intimidate other person to cause fear of physical/mental harm 6
Intimidate police officer to cause fear of physical/mental harm 7
Produce firearm without reasonable excuse 7
Produce dangerous implement/weapon (other than a firearm) without reasonable excuse 7
Make false representation or vexatious complaint resulting in police investigation 7
Possess firearm without relevant permit 7
Possess burglary/housebreaking implement 7
Not disclose identity to police when directed 7
Interfere with emergency operation 8
Possess prohibited item (other than a substance) 8
Physically hinder or resist police officer in execution of duty 8
Possess cultivation equipment for prohibited/restricted substance 8
Cultivate prohibited/restricted substance 8
Possess prohibited/restricted precursor substance (supply quantity) 8
Possess prohibited/restricted substance (supply quantity) 8
Not pay outstanding infringement notices 8
Aiding and abetting the commission of an offence 9
Possess unlawful currency (<$250,000) 9
Take/drive conveyance without consent of owner (Grand Theft Auto) 9
Use offensive implement/firearm/vehicle to avoid apprehension 9
Damage/destroy property intentionally/recklessly 9
Part 3 – Indictable offences 10
Impersonate emergency services worker 10
Assault emergency services worker 10
Supply prohibited/restricted substance (small quantity) 10
Obtain financial benefit/cause disadvantage by deception (fraud) 10
Enter/remain on emergency services property (trespass) 10
Enter/remain on government property (trespass) 10
Attempt to take and detain other person 11
Take/drive emergency service conveyance without consent (Grand Theft Auto of emergency vehicle) 11
Pilot operate aircraft in manner contrary to Schedule of Aviation Laws [S] 11
Armed robbery of commercial premises 11
Possess prohibited/restricted precursor substance (commercial quantity) 11
Possess prohibited/restricted substance (commercial quantity) 11
Possess unlawful currency (>=$250,000 & <$500,000) 11
Possess unlawful currency (>=$500,000) 11
Supply prohibited/restricted substance (supply quantity) 11
Attempt murder of a civilian 12
Take and detain other person (kidnapping) 12
Supply prohibited firearm to other person 12
Armed robbery of financial institution 12
Attempt to take and detain emergency services worker 13
Attempt murder of emergency services worker 13
Accessory to murder of an Officer 13
Part 4 – Serious indictable offences 14
Take and detain emergency services worker (kidnapping) 14
Remain in state borders without proper immigration status 14
Possession of an Illegal Firearm / Possession of an Illegal Item 14
Supply prohibited/restricted substance (commercial quantity) 14
Make threat involving explosive 14
Murder emergency services worker 14
Emergency services worker recklessly/intentionally act in corrupt manner [COURT] 14
Possess prohibited explosive 15
Use or supply prohibited explosive 15
Person in authority commit act of espionage [COURT] 15
Commit act of terrorism [COURT] 15
Part 5 – Schedule of Prohibited Items 16
Part 6 – Schedule of Aviation Laws 17
Criminal Offences Act 2021 (New South Wales)
Part 1 – Administration
Definitions
Public place – any location that is normally accessible by a member of the public where there is no physical or administrative barrier to entry. Examples include streets, parks, customer-only areas of banks, shops and stores.
Private premises – any location that is secured behind a physical seal such as a door, gate or otherwise barred to entry by members of the public as a result of formal membership. Examples include nightclubs, secure areas of workplaces and staff-only areas of premises. A place can be privately owned but may still have a public area within the premises.
Police officer – any individual who (a) successfully completes the induction training delivered by an appointed training officer of the New South Wales Police Force or Australian Federal Police and (b) maintains an active employment status with the New South Wales Police Force or Australian Federal Police.
Emergency services worker - any individual who (a) successfully completes the induction training delivered by the Emergency Medical Service, Bolingbroke Penitentiary Service, New South Wales Police Force or Australian Federal Police and (b) maintains an active employment status with any of those entities.
Motor vehicle – any vehicle designed to be propelled by a motor, regardless of seat or wheel configuration or intended use of operation with regards to maritime, land or aviation environments;
Firearm - a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, an imitation firearm, an air gun and a conducted electrical weapon (also known as a taser). ((includes any firearm displaying on a person which is not /racked))
Summary offence – an offence carrying a penalty of imprisonment equal to or less than 10 months or a fine only.
Indictable offence – an offence carrying a penalty of imprisonment more than 10 months but less than 30 months.
Strictly indictable offence – an offence carrying a penalty of imprisonment of 30 months or more.
Beyond reasonable doubt – the standard of proof by which the informant/prosecution must prove their case against the defendant.
Part 2 – Summary offences
Summary offences carry a penalty of imprisonment equal to or less than 10 months.
A person who unintentionally causes the death of another person is guilty of an offence.
Penalty: $10000
A person who possesses a small quantity of a precursor item used in the manufacture of an illegal item as listed on the Schedule of Prohibited Items without reasonable excuse is guilty of an offence.
Penalty: $2500
A person who possesses a small quantity of an illegal item as listed on the Schedule of Prohibited Items is guilty of an offence.
Penalty: $3000
A person who, while in a public place, uses offensive language or otherwise conducts themselves in a manner that a reasonable person would consider to be offensive is guilty of an offence.
Penalty: $1000
A person in a public place who conducts themselves in a manner that a reasonable person would consider to be a public nuisance is guilty of an offence.
Penalty: $1500
A person in a public place who conducts themselves in a manner that a reasonable person would consider to be consistent with a state of impairment or intoxication is guilty of an offence.
Penalty: $1500
A person who physically assaults or incites another person to do so against another a person is guilty of an offence.
Penalty: $2000 and 5 months imprisonment
A person who enters and remains on privately owned property without consent of the property owner or the owner’s appointed representative is guilty of an offence.
Penalty: $10000 and 5 months imprisonment
A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.
Penalty: $3500 and 5 months imprisonment
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Intimidate emergency services worker (other than police officer) to cause fear of physical/mental harm
A person who stalks or intimidates an emergency services worker (other than a police officer) with the intention of causing the emergency services worker to fear physical or mental harm is guilty of an offence.
Penalty: $5000 and 5 months imprisonment
A person who stalks or intimidates a police officer with the intention of causing the police officer to fear physical or mental harm is guilty of an offence.
Penalty: $6000 and 5 months imprisonment
A person who produces or wields a firearm in city limits without reasonable excuse is guilty of an offence.
Penalty: $7000 and 5 months imprisonment
A person who carries or wields any item that is capable of causing actual bodily harm to another person is guilty of an offence if the person does not have a reasonable excuse for carrying the said item.
Penalty: $3000 and 5 months imprisonment
A person who knowingly provides false information, a false representation or initiates a complaint that is vexatious in nature to a police officer that results in a police investigation is guilty of an offence.
Penalty: $5000 and 5 months imprisonment
A person who possesses a firearm but is not registered as a licensed firearm operator or owner is guilty of an offence.
Penalty: $5000 and 5 months imprisonment
A person who possesses implements, items or tools associated with housebreaking or unlawful entrance into a premise without reasonable excuse is guilty of an offence.
Penalty: $2500 and 5 months imprisonment
A person who does not disclose their identity when directed or required to do so by a police officer or fails to provide proof of identification is guilty of an offence.
Penalty: $1500 and 5 months
A person who provides a false identity to a police officer who is exercising their powers under the Law Enforcement Act 2021 (NSW) is guilty of an offence.
Penalty: $10000 and 5 months
A person who unlawfully enters, remains and/or interferes with an area involving an emergency operation (including a crime scene) established by any emergency service without reasonable excuse is guilty of an offence.
Penalty: $10000 and 5 months imprisonment
A person who possesses an item listed on the Schedule of Prohibited Items without reasonable excuse is guilty of an offence.
Penalty: $10000 and 5 months imprisonment
A person who intentionally hinders or resists an attempt at apprehension by police is guilty of offence.
Penalty: $5000 and 5 months imprisonment
A person who possesses equipment designed or used for the cultivation of prohibited and/or restricted substances as listed on the Schedule of Prohibited Items is guilty of an offence.
Penalty: $10000 and 5 months imprisonment
A person who constructs, cultivates, develops or fabricates an illegal substance or illegal item as listed on the Schedule of Prohibited Items is guilty of an offence.
Penalty: $15000 and 10 months imprisonment
A person who possesses a supply quantity of a precursor item used in the manufacture of an illegal item as listed on the Schedule of Prohibited Items without reasonable excuse is guilty of an offence.
Penalty: $15000 and 10 months imprisonment
A person who possesses a supply quantity of an illegal item as listed on the Schedule of Prohibited Items is guilty of an offence.
Penalty: $10000 and 10 months imprisonment
A person who fails to pay the outstanding balance of any unpaid infringement(s) within 24 hours of the relevant offence for which the infringement(s) were issued is guilty of an offence.
Penalty: $5000 and 10 months imprisonment
A person who intentionally or recklessly misuses the Triple Zero emergency contact system is guilty of an offence.
Penalty: $30000 and 10 months imprisonment
A person who knowingly aids, abets or otherwise assists in the commission of an offence carrying a sentence of imprisonment is guilty of an offence.
Penalty: $20000 and 10 months imprisonment
A person who possesses a quantity of altered, tampered or otherwise unlawful dollar bill currency less than $250,000 in value is guilty of an offence.
Penalty: $10000 and 10 months imprisonment
A person who takes a conveyance or motor vehicle without the consent of the vehicle owner is guilty of an offence.
Penalty: $10000 and 10 months imprisonment
A person who uses any implement, firearm or vehicle as an offensive weapon to avoid lawful apprehension is guilty of an offence. ((such as vehicle ramming, shooting, or assault with weapons))
Penalty: $10000 and 10 months imprisonment
A person who intentionally or recklessly damages or destroys property belonging to another person is guilty of an offence.
Penalty: $5000 and 10 months imprisonment
Part 3 – Indictable offences
Indictable offences carry a penalty of imprisonment greater than or equal to 10 months but less than 30 months.
A person who, through conduct or appearance, impersonates an emergency services worker and makes a false representation to be a member of that emergency service is guilty of an offence.
Penalty: $10000 and 10 months imprisonment
A person who physically assaults an emergency services worker is guilty of an offence.
Penalty: $3500 and 10 months imprisonment
A person who escapes lawful custody following an arrest or detainment by a police officer is guilty of an offence.
Penalty: $10000 and 10 months imprisonment
A person who supplies a small quantity of an illegal item as listed on the Schedule of Prohibited Items to another person is guilty of an offence.
Penalty: $10000 and 10 months imprisonment
A person who possesses a prohibited firearm without a relevant exemption is guilty of an offence.
Penalty: $30000 and 15 months imprisonment
A person who attempts to bribe a police officer is guilty of an offence.
Penalty: $5000 and 15 months imprisonment
A person who obtains a personal advantage through a threat of harm, exposure of behaviour or personal safety is guilty of an offence.
Penalty: $35000 and 15 months imprisonment
A person who gains a financial or personal advantage or creates a financial or personal disadvantage to another person through deceptive conduct is guilty of an offence.
Penalty: $30000 and 15 months imprisonment
A person who enters and remains on property owned by an emergency services without consent of an authorised delegate of that organisation is guilty of an offence.
Penalty: $20000 and 15 months imprisonment
A person who enters and remains on government owned property without consent of an authorised delegate of the government is guilty of an offence.
Penalty: $20000 and 15 months imprisonment
A person who attempts to take and detain another person or otherwise abduct and/or hold another person captive is guilty of an offence.
Penalty: $12500 and 15 months imprisonment
A person who takes a conveyance or motor vehicle belonging to an emergency service without reasonable excuse is guilty of an offence.
Penalty: $20000 and 15 months imprisonment
A pilot who operates an aircraft in contravention to Part 6 of this Act without reasonable excuse is guilty of an offence.
Penalty: $50000 and 15 months imprisonment
A person who uses a tool, implement or firearm to commit an act of stealing from a commercial premises is guilty of an offence.
Penalty: $20000 and 15 months imprisonment
A person who possesses a commercial quantity of a precursor item used in the manufacture of an illegal item as listed on the Schedule of Prohibited Items without reasonable excuse is guilty of an offence.
Penalty: $30000 and 15 months imprisonment
A person who possesses a commercial quantity of an illegal item as listed on the Schedule of Prohibited Items is guilty of an offence.
Penalty: $25000 and 20 months imprisonment
A person who possesses a quantity of altered, tampered or otherwise unlawful dollar bill currency more than $250,000 but no more than $500,000 in value is guilty of an offence.
Penalty: $20000 and 15 months imprisonment
A person who possesses a quantity of altered, tampered or otherwise unlawful dollar bill currency equal to or greater than $500,000 in value is guilty of an offence.
Penalty: $40000 and 20 months imprisonment
A person who supplies a supply quantity of an illegal item as listed on the Schedule of Prohibited Items to another person is guilty of an offence.
Penalty: $20000 and 20 months imprisonment
A person who attempts to commit an act of homicide on another person is guilty of an offence.
Penalty: $20000 and 20 months imprisonment
A person who is an accessory before, at or after the fact to an act of homicide on another person is guilty of an offence.
Penalty: $15000 and 20 months imprisonment
A person who takes, detains or otherwise abducts and/or holds another person is guilty of an offence.
Penalty: $15000 and 20 months imprisonment
A person who assaults another person and steals something in their possession is guilty of an offence.
Penalty: $17500 and 20 months imprisonment
A person who supplies a prohibited firearm to another person is guilty of an offence.
Penalty: $20000 and 20 months imprisonment
Any person who, in connection with any court proceeding, makes any false statement on oath concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury.
Penalty: $50000 and 20 months imprisonment
Any person who is subject to bail conditions and breaches one or more of those condition(s) is guilty of an offence.
Penalty: $50000 and 20 months imprisonment
Any person who is subject to a court order (such as an Asset Seizure Order or Serious Crime Prevention Order) and breaches one or more of the condition(s) in that order is guilty of an offence.
Penalty: $50000 and 25 months imprisonment
Any person who, without reasonable excuse, fails to appear before a court of law when they are an involved party (including as a jury member) in the proceedings is guilty of an offence.
Penalty: $50000 and 25 months imprisonment
A person who uses a tool, implement or firearm to commit an act of stealing from a financial institution (including automatic teller machines) is guilty of an offence.
Penalty: $25000 and 25 months imprisonment
A person who attempts to take and detain an emergency services worker or otherwise abduct and/or hold an emergency services worker captive is guilty of an offence.
Penalty: $20000 and 25 months imprisonment
A person who attempts to commit an act of homicide on a police officer is guilty of an offence.
Penalty: $12500 and 25 months imprisonment
A person who is accessory to a murder (or attempt) of a police officer is guilty of an offence.
Penalty: $30000 and 25 months imprisonment
Part 4 – Strictly indictable offences
Strictly indictable offences carry a penalty of imprisonment greater than or equal to 30 months.
A person who takes, detains or otherwise abducts and/or holds an emergency service worker captive is guilty of an offence.
Penalty: $30000 and 30 months imprisonment
A person who commits an act of homicide on another person is guilty of an offence.
Penalty: $40000 and 30 months imprisonment
A person who immigrates, resides and/or remains unlawfully within the state of New South Wales without the appropriate immigration status is guilty of an offence.
Penalty: $22500 and 30 months imprisonment
A person who possesses an illegal firearm or item as listed under the Schedule of Prohibited Items is guilty of an offence.
Penalty: $30000 and 30 months imprisonment
A person who supplies a commercial quantity of an illegal item as listed on the Schedule of Prohibited Items to another person is guilty of an offence.
Penalty: $30000 and 30 months imprisonment
A person who knowingly makes a malicious representation to another person that a threat of public safety exists involving an explosive is guilty of an offence.
Penalty: $75000 and 40 months imprisonment
A person who commits an act of homicide on an emergency services worker is guilty of an offence.
Penalty: $60000 and 40 months imprisonment
An emergency services worker who intentionally or recklessly encourages, facilitates or engages in corrupt conduct is guilty of an offence.
Penalty: $50000 and 40 months imprisonment
A person who escapes lawful detention from an authorised custody facility including a police station (after being arrested) or correctional centre (after being charged) is guilty of an offence.
Penalty: $30000 and 40 months imprisonment
A person who intentionally or recklessly engages or facilitates in the disguising of the actual origin or ownership of money is guilty of an offence.
Penalty: $50000 and 40 months imprisonment
A person who possesses an explosive item without government authorisation is guilty of an offence.
Penalty: $50000 and 50 months imprisonment
A person who uses a prohibited explosive or supplies another person with a explosive is guilty of an offence.
Penalty: $75000 and 100 months imprisonment
A person who maliciously obtains or shares restricted or secret information pertinent to the interests of the state of New South Wales without authorisation is guilty of an offence.
Penalty: $100000 and 100 months imprisonment
A person who carries out offences in the effort to achieve political objectives with reckless disregard for the welfare of another person or attempts to breach the security of high-risk infrastructure is guilty of an offence.
Penalty: $100000 and 100 months imprisonment
A defendant (including members and known associates of such defendants) named in a Serious Organised Crime Control Order who breaches a condition of an enforceable Serious Organised Crime Control Order is guilty of an offence.
Penalty: $250000 and 30 months imprisonment
A senior manager of a business or senior leader of an organisation named in a Serious Organised Crime Control Order who breaches a condition of an enforceable Serious Organised Crime Control Order is guilty of an offence.
Penalty: $1500000 and 40 months imprisonment
Part 5 – Schedule of Prohibited Items
Drugs
A person is guilty of a relevant offence if they possess, supply or manufacture a prohibited/restricted drug to which this table of quantities relates.
QUANTITIES
DRUG/PRECURSORS Small Supply Commercial
Cannabis 1 to 9 10 to 499 500 and above
LSD 1 to 9 10 to 49 50 and above
Cocaine 1 to 4 5 to 49 50 and above
Methamphetamine 1 to 4 5 to 49 50 and above
Morphine 1 to 4 5 to 49 50 and above
Oxycontin 1 to 4 5 to 49 50 and above
Precursors
A person is guilty of a relevant offence if they possess, supply or manufacture any of the below precursor substances without a reasonable excuse or exemption:
- Coca leaves;
- Dried leaves;
- Solvent;
- Lysergic acid;
- Lysis;
- Morning Glory seeds;
- Ethanol;
- Liquid Iodine;
- Crystallised Iodine;
- Hydrochloric acid;
- Sulfuric acid;
- Red phosphorus.
Items
A person is guilty of a relevant offence if they possess or supply any of the below illegal items without a reasonable excuse or exemption:
- Keypad decoders;
- Tuner tablets
- Hacking tools including laptops and malicious access keycards and storage devices;
- Explosives.
Weapons
A person is guilty of a relevant offence if they possess or supply any of the below illegal weapons without a reasonable excuse or exemption:
- Police issued equipment including firearms, tasers or appointments;
- Two handed firearms (excluding muskets) and any corresponding ammunition or mods;
- Automatic firearms and any corresponding ammunition or modifications.
Part 6 – Schedule of Aviation Laws
Aviation laws
A person who operates an aircraft in such a way that contravenes the below list of aviation rules is guilty of an offence. Pilots of aircraft:
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Must be licenced for the type of aircraft;
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Must make adjustments to their flight path when directed to do so by the New South Wales Police Force;
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Must not encroach on or interfere with emergency operations or prison operations;
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Must not enter military airspace or prison airspace;
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Must not obstruct traffic on a road or road related area;
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Must not endanger the safety of air crew;
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Must not endanger the safety of persons who are nearby to the aircraft;
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Must remain at least 100 metres above ground level at all times unless landing or taking off;
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May land at any open car park;
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May land at any purpose-built marked ‘helipad’ excluding helipads owned by the New South Wales Police Force, New South Wales Emergency Medical Service and Bolingbroke Penitentiary Service;
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Must contact emergency services in the event of an emergency incident / MAYDAY.
An emergency services worker may contravene the Schedule of Aviation Laws provided they are taking reasonable care.
Part 7 – Circumstances of Aggravation
A circumstance of aggravation is a factor regarding an offence which may subject the offender to a higher level of punishment.
The below offences carry circumstances of aggravation which may constitute grounds for an urgent search warrant to be issued.
- Corruption
- Espionage
- Terrorism
Any person who possesses equipment belonging to the New South Wales Police Force is guilty of “Possession of Prohibited Firearm” in circumstances of aggravation.