Class 1 offences
Schedule 2 Class 1 offences
[r. 5(1)]
[Heading inserted: SL 2023/101 r. 9.]
Provision | Description of offence | Condition |
|---|---|---|
Offences under The Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth) | ||
s. 71.2(1) | Murder of a UN or associated person | The victim is a child |
s. 71.4(1) | Intentionally causing serious harm to a UN or associated person | The victim is a child |
s. 71.8(1) | Unlawful sexual penetration of a UN or associated person | The victim is a child and regulation 5(3) does not apply to the offence |
s. 71.9(1) | Kidnapping a UN or associated person | The victim is a child and the offence is committed by a person other than a relative of the child |
s. 72.3(1) | Intentionally deliver, place, discharge or detonate a device | The victim, or intended victim, is a child |
s. 101.1(1) | Terrorist acts | The offence causes serious physical harm to a child or causes a child’s death |
s. 115.1(1) | Murder of an Australian citizen or a resident of Australia | The victim is a child |
s. 115.3(1) | Intentionally causing serious harm to an Australian citizen or a resident of Australia | The victim is a child |
s. 268.3 | Genocide by killing | At least 1 of the victims is a child |
s. 268.4(1) | Genocide by causing serious bodily or mental harm | At least 1 of the victims is a child |
s. 268.5(1) | Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction | At least 1 of the victims is a child |
s. 268.6 | Genocide by imposing measures intended to prevent births | At least 1 of the victims is a child |
s. 268.7(1) | Genocide by forcibly transferring children | |
s. 268.8 | Crime against humanity — murder | At least 1 of the victims is a child |
s. 268.9(1) | Crime against humanity — extermination | At least 1 of the victims is a child |
s. 268.13 | Crime against humanity — torture | At least 1 of the victims is a child |
s. 268.14(1) or (2) | Crime against humanity — rape | The victim is a child |
s. 268.15(1) | Crime against humanity — sexual slavery | The victim is a child |
s. 268.16(1) | Crime against humanity — enforced prostitution | At least 1 of the victims is a child |
s. 268.17(1) | Crime against humanity — forced pregnancy | At least 1 of the victims is a child |
s. 268.18(1) | Crime against humanity — enforced sterilisation | At least 1 of the victims is a child |
s. 268.19(1) | Crime against humanity — sexual violence | At least 1 of the victims is a child |
s. 268.23 | Crime against humanity — other inhumane act | At least 1 of the victims is a child |
s. 268.24(1) | War crime — wilful killing | At least 1 of the victims is a child |
s. 268.25(1) | War crime — torture | At least 1 of the victims is a child |
s. 268.47(1) | War crime — mutilation causing death | At least 1 of the victims is a child |
s. 268.47(2) | War crime — mutilation | At least 1 of the victims is a child |
s. 268.48(1) | War crime — medical or scientific experiment causing death | At least 1 of the victims is a child |
s. 268.48(2) | War crime — medical or scientific experiments | At least 1 of the victims is a child |
s. 268.49(1) | War crime — treacherously killing | At least 1 of the victims is a child |
s. 268.55 | War crime — employing poison or poisoned weapons | At least 1 of the victims is a child |
s. 268.56 | War crime — employing prohibited gases, liquids, materials or devices | At least 1 of the victims is a child |
s. 268.59(1) or (2) | War crime — rape | The victim is a child |
s. 268.60(1) | War crime — sexual slavery | The victim is a child |
s. 268.61(1) | War crime — enforced prostitution | At least 1 of the victims is a child |
s. 268.62(1) | War crime — forced pregnancy | At least 1 of the victims is a child |
s. 268.63(1) | War crime — enforced sterilisation | At least 1 of the victims is a child |
s. 268.64(1) | War crime — sexual violence | At least 1 of the victims is a child |
s. 268.70(1) | War crime — murder | At least 1 of the victims is a child |
s. 268.71(1) | War crime — mutilation causing death | At least 1 of the victims is a child |
s. 268.71(2) | War crime — mutilation | At least 1 of the victims is a child |
s. 268.73(1) | War crime — torture | At least 1 of the victims is a child |
s. 268.76(2) | War crime — execution without due process | At least 1 of the victims is a child |
s. 268.82(1) or (2) | War crime — rape | The victim is a child |
s. 268.83(1) | War crime — sexual slavery | The victim is a child |
s. 268.84(1) | War crime — enforced prostitution | At least 1 of the victims is a child |
s. 268.85(1) | War crime — forced pregnancy | At least 1 of the victims is a child |
s. 268.86(1) | War crime — enforced sterilisation | At least 1 of the victims is a child |
s. 268.87(1) | War crime — sexual violence | At least 1 of the victims is a child |
s. 268.90(1) | War crime — treacherously killing | At least 1 of the victims is a child |
s. 268.92(1) | War crime — mutilation causing death | At least 1 of the victims is a child |
s. 268.92(2) | War crime — mutilation | At least 1 of the victims is a child |
s. 268.93(1) | War crime — medical or scientific experiment causing death | At least 1 of the victims is a child |
s. 268.93(2) | War crime — medical or scientific experiments | At least 1 of the victims is a child |
s. 268.96(1) | War crime — removal of blood, tissue or organs for transplantation | At least 1 of the victims is a child |
s. 271.4(1) or (2) | Trafficking in children | |
s. 271.7 | Domestic trafficking in children | |
s. 271.7B(1) or (2) | Organ trafficking — entry into and exit from Australia | The victim is a child |
s. 271.7C(1) | Organ trafficking — aggravated offence | The victim is a child |
s. 271.7D | Domestic organ trafficking | The victim is a child |
s. 271.7E(1) | Domestic organ trafficking — aggravated offence | The victim is a child |
s. 272.8(1) | Sexual intercourse with child outside Australia | Regulation 5(3) does not apply to the offence |
s. 272.8(2) | Causing child to engage in sexual intercourse in presence of offender outside Australia | Regulation 5(3) does not apply to the offence |
s. 272.9(1) or (2) | Sexual activity (other than sexual intercourse) with child outside Australia | Regulation 5(3) does not apply to the offence |
s. 272.10(1) | Aggravated offence — sexual intercourse or other sexual activity with child outside Australia | |
s. 272.11(1) | Persistent sexual abuse of child outside Australia | Regulation 5(3) does not apply to the offence |
s. 272.12(1) or (2) | Sexual intercourse with young person outside Australia — offender in position of trust or authority | |
s. 272.13(1) or (2) | Sexual activity (other than sexual intercourse) with young person outside Australia — offender in position of trust or authority | |
s. 272.14(1) | Procuring child to engage in sexual activity outside Australia | Regulation 5(3) does not apply to the offence |
s. 272.15(1) | “Grooming” child to engage in sexual activity outside Australia | |
s. 272.15A(1) | “Grooming” person to make it easier to engage in sexual activity with a child outside Australia | |
s. 272.18(1) | Benefiting from offence against Division 272 | |
s. 272.19(1) | Encouraging offence against Division 272 | |
s. 272.20(1) or (2) | Preparing for or planning offence against Division 272 | |
s. 273.5 (repealed) | Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia | |
s. 273.6(1) | Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia | |
s. 273.7(1) | Aggravated offence — offence against s. 273.6 involving conduct on 3 or more occasions and 2 or more people | |
s. 273A.1 | Possession of child‑like sex dolls etc | |
s. 274.2(1) or (2) | Torture | The victim is a child |
s. 471.16(1) or (2) (repealed) | Using a postal or similar service for child pornography material | |
s. 471.17 (repealed) | Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service | |
s. 471.19(1) or (2) | Using a postal or similar service for child abuse material | |
s. 471.20(1) | Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service | |
s. 471.22(1) | Aggravated offence — offence against s. 471.19 or 471.20 involving conduct on 3 or more occasions and 2 or more people | |
s. 471.24(1), (2) or (3) | Using a postal or similar service to procure children under 16 | |
s. 471.25(1), (2) or (3) | Using a postal or similar service to “groom” children under 16 | |
s. 471.25A(1), (2) or (3) | Using a postal or similar service to “groom” another person to make it easier to procure children under 16 | |
s. 471.26(1) | Using a postal or similar service to send indecent material to child under 16 | Regulation 5(3) does not apply to the offence |
s. 474.19 (repealed) | Using a carriage service for child pornography material | |
s. 474.20 (repealed) | Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service | |
s. 474.22(1) | Using a carriage service for child abuse material | |
s. 474.22A(1) | Possessing or controlling child abuse material obtained or accessed using a carriage service | Regulation 5(3) does not apply to the offence |
s. 474.23(1) | Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service | |
s. 474.23A(1) | Conduct for the purposes of electronic service used for child abuse material | |
s. 474.24A(1) | Aggravated offence — offence against s. 474.22, 474.22A or 474.23 involving conduct on 3 or more occasions and 2 or more people | |
s. 474.25A(1) | Engaging in sexual activity with child under 16 using a carriage service | Regulation 5(3) does not apply to the offence |
s. 474.25A(2) | Causing child under 16 to engage in sexual activity using a carriage service | |
s. 474.25B(1) | Aggravated offence — using a carriage service for sexual activity with child under 16 | |
s. 474.25C | Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, children under 16 | |
s. 474.26(1), (2) or (3) | Using a carriage service to procure children under 16 | |
s. 474.27(1), (2) or (3) | Using a carriage service to “groom” children under 16 | |
s. 474.27AA(1), (2) or (3) | Using a carriage service to “groom” another person to make it easier to procure children under 16 | |
s. 474.27A(1) | Using a carriage service to transmit indecent communication to child under 16 | Regulation 5(3) does not apply to the offence |
Offences under the Crimes Act 1914 (Commonwealth) | ||
s. 50BA (repealed) | Sexual intercourse with child under 16 | Regulation 5(3) does not apply to the offence |
s. 50BB (repealed) | Inducing child under 16 to engage in sexual intercourse | Regulation 5(3) does not apply to the offence |
s. 50BC (repealed) | Sexual conduct involving child under 16 | Regulation 5(3) does not apply to the offence |
s. 50BD (repealed) | Inducing child under 16 to be involved in sexual conduct | Regulation 5(3) does not apply to the offence |
s. 50DA (repealed) | Benefiting from offence against Part IIIA | |
s. 50DB (repealed) | Encouraging offence against Part IIIA | |
Offences under the Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) | ||
s. 8(1) | Murder of an internationally protected person | The victim is a child |
s. 8(1) | Kidnapping of an internationally protected person | The victim is a child and the offence is committed by a person other than a relative of the child |
Offences under the Customs Act 1901 (Commonwealth) | ||
s. 233BAB(5) or (6) | Special offence relating to tier 2 goods | The offence involves goods that are items of child pornography or child abuse material |
[Schedule 2 inserted: SL 2023/101 r. 9.]
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