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1234.0 - Australian Standard Offence Classification (ASOC), 1997  
Previous ISSUE Released at 11:30 AM (CANBERRA TIME) 14/10/1997   
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Contents >> Chapter 3: Definitions >> 16 Miscellaneous Offences

Division 16 - Miscellaneous Offences

Offences involving the breach of statutory rules or regulations governing activities that are prima facie legal, where such offences are not explicitly dealt with under any other division. If an offence is specified under regulation and involves an act that would be illegal under common law or general criminal legislation (e.g. assault an Occupational Health and Safety Inspector), then this offence should be dealt with under the appropriate generic group.

This division is further disaggregated on the basis of whether the offence was against the individual, the collective public, business or other entity.

Offences in this division are classified into the following subdivisions:

    161 Harassment and Related Offences
    162 Public Health and Safety Offences
    163 Commercial/Industry/Financial Regulation
    169 Other Miscellaneous Offences


Subdivision 161 - Harassment and Related Offences

Actions which harass or are intended to harass, threaten or invade the privacy of an individual, not amounting to an assault, sexual assault or blackmail/extortion.

This subdivision is further disaggregated on the basis of whether the offences involved harassment, impinged on privacy or were of a threatening nature.

Offences in this subdivision are classified into the following groups:

    1611 Harassment and Private Nuisance
    1612 Offences Against Privacy
    1613 Threatening Behaviour
    1614 Defamation and Libel

    1611 Harassment and Private Nuisance
    Actions which harass or are intended to harass an individual, not amounting to an assault, sexual assault, blackmail or extortion.

      Inclusions
      :
      Stalking
      Nuisance phone calls
    1612 Offences Against Privacy
    Actions which are intended to invade the privacy of an individual or company.

      Inclusions
      :
      Computer hacking (any interference with a computer which cannot be coded to a theft, fraud, property damage or breach of government security group)
      Opening mail
      Phone tapping
    1613 Threatening Behaviour
    Declaration of intention to punish or hurt, orally via the telephone or taped recordings, or in writing, to injure body, property or reputation, and give warning of intention to inflict harm or revenge.

      Inclusions
      :
      Threats to cause fire or explosion
      Threat to murder
      Threats to destroy or damage property

      Exclusions
      :
      Direct (face-to-face) threats where it is believed that the threat could be enacted. This constitutes assault and is coded to Subdivision 021, Assault
      Extortion and/or Blackmail. These are coded toGroup 0621, Blackmail and Extortion
      Destruction of, or damage to, property. This is coded to Subdivision 121, Property Damage
    1614 Defamation and Libel
    Actions which are intended to injure the reputation or good name of an individual or company.

      Inclusions
      :
      Defamation
      Libel
      Unlawful publishing of defamatory matter

      Exclusions
      :
      Direct (face-to-face) threats where it is believed that the threat could be enacted. This constitutes assault and is coded to Subdivision 021, Assault
      Extortion and/or Blackmail. These are coded to Group 0621, Blackmail and Extortion
      Threats of any other kind. These are coded to Group 1613, Threatening Behaviour


Subdivision 162 - Public Health And Safety Offences

Offences involving the breach of statutory rules or regulations intended to preserve or improve the safety or health of the community at large.

This subdivision is further disaggregated on the basis of the type of the health and/or safety issue.

Offences in this subdivision are classified into the following groups:

    1621 Sanitation Offences
    1622 Disease Prevention Offences
    1623 Occupational Health and Safety Offences
    1624 Transport Offences
    1625 Dangerous Substances Offences
    1626 Licit Drug Offences
    1629 Public Health and Safety Offences, nec

    Inclusions
    :
    Offences relating to sanitation resulting from breaches of regulations governing building, health and mental health, public health, food preparation, and quarantine
    Offences relating to Occupational Health and Safety, industry safety, air, rail and water transport safety
    Dog and pet control

    Exclusions
    :
    Deception offences relating to health (e.g. medicare fraud, forge prescription). These are coded to Division 09, Deception and Related Offences
    Pollution offences. These are coded to Subdivision 122, Environmental Pollution
    Offences involving explosives. These are coded to Division 11, Weapons and Explosives Offences
    1621 Sanitation Offences
    Offences involving insanitary practices in food preparation, waste disposal, institutional management, building and construction or other practices that are likely to give rise to a threat to public health.
    1622 Disease Prevention Offences
    Offences involving the failure to prevent or control the spread of infectious or other disease associated with food preparation, waste disposal, institutional management, building and construction or other practices.
    1623 Occupational Health and Safety Offences
    Offences involving the failure to preserve the health and safety of employees through the identification and/or control of dangerous, hazardous or inadequate work practices, equipment or facilities, instruction or training, or other health and safety measures associated with a place of employment.

      Inclusions
      :
      Failure to erect construction warning signs
      Failure to erect safety barriers
      Failure to provide adequate or specified safety equipment
      Failure to sound audible warning of intended blasting

    1624 Transport Offences
    Offences involving the failure to preserve the health and safety of passengers or other persons travelling on or coming into contact with sea, air or land (other than road) transport systems (not including persons employed in the operation of such transport).

      Exclusions:
      Safety offences relating to road traffic. These are coded to Division 04, Dangerous, Negligent or Reckless Acts Endangering Persons
    1625 Dangerous Substances Offences
    Offences involving the failure to preserve the health and safety of the community through the unsafe use, handling, preparation, storage, labelling, or disposal of poisonous or other hazardous substances (not including alcohol or tobacco), where such offences do not constitute pollution control offences.
    1626 Licit Drug Offences
    Offences involving the failure to preserve the health and safety of the community through the unsafe use, handling, preparation, storage, labelling, or disposal of drugs that may be legally purchased (not including alcohol or tobacco).

      Exclusions:
      Offences involving the possession, sale, importing or exporting of illicit drugs. These are coded to Division 10, Illicit Drug Offences
    1629 Public Health and Safety Offences, nec
    Public health and safety offences not elsewhere classified in Subdivision 162, Public Health and Safety Offences.

      Inclusions
      :
      Failure to erect construction warning signs for the public
      Failure to erect public safety barriers
      Failure to notify the public of intended blasting


Subdivision 163 - Commercial/Industry/Financial Regulation

Breaches of regulations designed to protect an industrial, commercial or financial activity, comprising of acts which are harmful to persons, acquisitive or deceptive and are not directed at health and safety, and pollution control (i.e. they cannot comfortably be placed elsewhere).

This subdivision is not further disaggregated.

Offences in this subdivision are classified into the following group:

    1631 Commercial/Industry/Financial Regulation

    1631 Commercial/Industry/Financial Regulation
    Restrictive trade/industry practices.


Subdivision 169 - Other Miscellaneous Offences

Other Miscellaneous Offences not elsewhere classified in Division 16, Miscellaneous Offences.

This subdivision is further disaggregated on the basis of whether the offences revolved around environmental, the movement of goods or people into or out of Australia or other generally undefinable issues.

Offences in this subdivision are classified into the following groups:

    1691 Environmental Regulation Offences
    1692 Immigration Regulation Offences
    1693 Quarantine Offences
    1694 Import/Export Regulations
    1695 Procure or Commit Illegal Abortion
    1699 Miscellaneous Offences, nec

    Inclusions
    :
    Possess protected native game
    1691 Environmental Regulation Offences
    Offences involving the breach of statutory rules or regulations aimed at the preservation of the natural environment, where such breach does not involve environmental pollution, property damage or theft.

      Inclusions:
      Disobeying rules of parks/crown land
      Discard litter
      Possess native game/animal
      Total fire ban breaches

      Exclusions
      :
      Environmental offences involving pollution. These are coded to Subdivision 122, Environmental Pollution
    1692 Immigration Regulation Offences
    Offences involving illegal entry and the failure to comply with immigration visa conditions, including undertaking employment when not permitted, overstaying exit date.

      Inclusions:
      Illegal immigrant
      Visa offences

      Exclusions
      :
      Passport or visa offences involving theft or fraud. These should be coded to Groups 0821, Theft From a Person or 0919, Fraud, nec
    1693 Quarantine Offences
    Offences involving the failure to comply with quarantine requirements, where such failure entails a threat or potential threat to the health and wellbeing of plants or animals.

      Exclusions
      :
      Quarantine offences involving threats to human health and wellbeing. These are coded to Subdivision 162, Public Health and Safety Offences
    1694 Import/Export Regulations
    Offences involving the movement of prohibited or controlled goods or other products across international borders, where such goods do not include weapons, explosives or drugs.

      Inclusions
      :
      Fail to declare goods
    1695 Procure or Commit Illegal Abortion
    Offences involving the procuration and/or committing of an illegal abortion.

      Inclusions
      :
      Commit illegal abortion
      Procure illegal abortion

      Exclusions
      :
      Infanticide. This is coded to Group 0131, Manslaughter

    1699 Miscellaneous Offences, nec
    Other miscellaneous offences not elsewhere specifically classified within this classification.




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