Presumed disqualifying offences
Schedule 3 Presumed disqualifying offences
regulation 7
1 Criminal Code |
|
Provision of Act |
Qualification |
51, 53, 54, 55, 73, 74, 75 |
|
160, 161A, 162, 170 |
|
174E |
The victim is not a child or a vulnerable person |
174F(1) |
The offender did not intend to cause death |
174FA |
|
174FC(1) |
The offender did not intend to cause death |
175, 176, 177, 181, 182 |
The victim is not a child or a vulnerable person |
183, 184 |
The victim is a person under care |
185, 186B, 186C |
The victim is not a child or a vulnerable person |
188 |
The circumstances mentioned in subsection (2)(m) exist and the victim is not a child or a vulnerable person |
193 |
The victim is not a child or a vulnerable person |
194, 195 |
The victim is a child or a vulnerable person and is a relative of the offender or The victim is not a child or a vulnerable person and is not a relative of the offender |
202B(1) |
The victim is not a vulnerable person |
202D |
The victim is not a child or a vulnerable person |
208AAB, 208AB |
The image is of a child or a vulnerable person |
208H, 208HA, 208HB |
The victim is not a child or a vulnerable person |
208HC, 208HD |
The victim is a child who is 14 years of age or older and the offender is less than 5 years older than the victim or The victim is not a child or a vulnerable person |
208J, 208JA, 208JB, 208JC, 208JD, 208JE, 208JF, 208JI |
The victim is a child who is 14 years of age or older and the offender is less than 5 years older than the victim |
208MA |
The victim is not a child or a vulnerable person |
228AH, 228AK |
The person intended to be deceived is a child or a vulnerable person |
253, 254 |
The offence involves or affects a child or a vulnerable person |
284 |
The person intended to be defrauded is a child or a vulnerable person |
2 Animal Welfare Act 1999 |
|
Provision of Act |
Qualification |
10 |
|
3 Summary Offences Act 1923 |
|
Provision of Act |
Qualification |
60, 60A |
The person intended to be defrauded is a child or a vulnerable person |
4 Misuse of Drugs Act 1990 |
|
Provision of Act |
Qualification |
5, 5B, 5C |
|
5D |
The person to whom the drug is supplied is a child or a vulnerable person |
6 |
|
6A, 6B |
The commission of the offence exposes a child or a vulnerable person to the cultivation of a prohibited plant |
6C, 6D, 6E, 6G |
|
5 Criminal Code (Commonwealth) |
|
Provision of Act |
Qualification |
71.3 |
|
71.4, 71.5, 71.8 |
The victim is not a child or a vulnerable person |
71.9, 71.10 |
The victim is not a child or a vulnerable person or The victim is a child or a vulnerable person and the offender is a relative of the child or person |
73.2 |
The victim is not a child or a vulnerable person |
73.3 |
None of the victims is a child or a vulnerable person |
73.3A |
None of the persons to whom the conduct constituting the offence of people smuggling relates, or would relate, is a child or a vulnerable person |
73.8, 73.9, 73.10 |
The offence affects or involves a child or a vulnerable person |
80.1, 80.1AA, 80.1AC, 80.2, 80.2A, 80.2B, 80.2C, 80.2D, 82.3, 82.4, 82.5, 82.6, 82.7, 82.8, 82.9, 83.1, 83.2, 83.3, 91.1, 91.2, 91.3, 91.6, 91.8, 91.11, 91.12, 92.2, 92.3, 92.4, 92.7, 92.8, 92.9, 92.10, 92A.1, 101.1, 101.2, 101.4, 101.5, 101.6, 102.2, 102.3, 102.4, 102.5, 102.6, 102.7, 102.8, 103.1, 103.2, |
|
104.2 as in force before 15 December 2005 |
|
104.3 and 104.4 as in force before 15 December 2005 |
The victim is not a child or a vulnerable person |
115.2 |
|
115.3, 115.4 |
The victim is not a child or a vulnerable person |
119.1, 119.4, 122.1, 122.2, 122.3, 122.4 |
|
134.1, 134.2, 135.1(1), 135.2, 135.4(1), 136.1, 137.1, 137.1A, 137.2 |
The offence affects or involves a child or a vulnerable person |
142.2 |
The offender causes a detriment to a child or a vulnerable person |
144.1, 145.1, 145.2, 145.4, 145.5, 148.1(1), 148.2(1) or (3) |
The offence affects or involves a child or a vulnerable person |
268.4, 268.10 |
None of the victims is a child or a vulnerable person |
268.11, 268.12 |
|
268.13 |
None of the victims is a child or a vulnerable person |
268.14, 268.15 |
The victim is not a child or a vulnerable person |
268.16 |
None of the victims is a child or a vulnerable person |
268.17, 268.18 |
|
268.19 |
None of the victims is a child or a vulnerable person |
268.20 |
|
268.21(1) |
None of the victims is a child or a vulnerable person |
268.21(2), 268.22, 268.23 |
|
268.25, 268.26, 268.27, 268.28 |
None of the victims is a child or a vulnerable person |
268.29, 268.30, 268.31, 268.32, 268.33, 268.34, 268.35, 268.36, 268.37 |
|
268.38(1) |
The offence does not cause death |
268.38(2), 268.39, 268.40(2) |
|
268.41, 268.42, 268.43, 268.44 |
The perpetrator's conduct does not result in death |
268.45, 268.46 |
|
268.47(2), 268.48(2) |
None of the victims is a child or a vulnerable person |
268.49(2) |
|
268.50 |
The offence does not cause death |
268.51, 268.52, 268.53, 268.54 |
|
268.55, 268.56 |
The offence does not cause death |
268.57, 268.58 |
|
268.59, 268.60 |
The victim is not a child or a vulnerable person |
268.61 |
None of the victims is a child or a vulnerable person |
268.62, 268.63 |
|
268.64 |
None of the victims is a child or a vulnerable person |
268.65 |
The conduct does not result in the death of any of the persons referred to in paragraph (a) of the provision |
268.66, 268.67, 268.68 |
|
268.71(2) |
None of the victims is a child or a vulnerable person |
268.72 |
|
268.73 |
None of the victims is a child or a vulnerable person |
268.74, 268.75, 268.76(1), 268.77, 268.78, 268.79, 268.80, 268.81 |
|
268.82, 268.83 |
The victim is not a child or a vulnerable person |
268.84 |
None of the victims is a child or a vulnerable person |
268.85, 268.86 |
|
268.87 |
None of the victims is a child or a vulnerable person |
268.88, 268.89, 268.90(2) |
|
268.91 |
The offence does not cause death |
268.92(2) |
None of the victims is a child or a vulnerable person |
268.93(2), 268.94, 268.95, 268.96 |
|
268.97, 268.98 |
The attack does not result in death |
268.99, 268.100, 268.101 |
|
270.3, 270.5(1) |
The victim is not a child or a vulnerable person |
270.5(2) |
None of the victims is a child or a vulnerable person |
270.6 as in force before 8 March 2013 |
The victim is not a child or a vulnerable person |
270.6A(1) |
The victim is not a child or a vulnerable person |
270.6A(2) |
None of the victims is a child or a vulnerable person |
270.7, 270.7B, 270.7C, 271.2, 271.3, 271.5, 271.6, 271.7B, 271.7C, 271.7D, 271.7E |
The victim is not a child or a vulnerable person |
271.9 as in force before 23 May 2018 |
The victim is not a child or a vulnerable person |
272.8, 272.9, 272.11 |
The victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
273B.4 |
|
274.2 |
The victim is not a child or a vulnerable person |
302.2, 303.4, 304.1, 305.3 |
|
305.4 |
The commission of the offence exposes a child or a vulnerable person to the manufacture of a controlled drug |
306.2 |
|
306.3, 306.4 |
The commission of the offence exposes a child or a vulnerable person to a controlled precursor |
307.1, 307.11, 308.3, 309.2, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14, 309.15, 310.2, 310.3 |
|
372.1, 372.1A, 372.2 |
The offence involves or affects a child or a vulnerable person |
471.26 |
The victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
474.17A |
The victim is a child or a vulnerable person |
474.25A, 474.27A |
The victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
480.4 |
The person to whom the information relates is a child or a vulnerable person |
6 Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) |
|
Provision of Act |
Qualification |
8(2) |
The attack causes grievous bodily harm, but not death, and the victim is not a child or a vulnerable person |
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