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List of disqualifying offences

This list of disqualifying offences is sorted by the Act that they fall under:

There is also a list of serious offences.

Classification of Computer Games and Images Act 1995

Offence

Section

Note

Demonstration of an objectionable computer game before a minor

23

 

Possession of objectionable computer game

26(3)

 

Making objectionable computer game

27(3) and (4)

 

Obtaining minor for objectionable computer game

28

 

Access the Classification of Computer Games and Images Act 1995.

Classification of Films Act 1991

Offence

Section

Note

Possession of objectionable film

41(3)

 

Making objectionable film

42(3) and (4)

 

Procurement of minor for objectionable film

43

 

Access the Classification of Films Act 1991.

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Classification of Publications Act 1991

Offence

Section

Note

Sale etc. of prohibited publication

12

Only if an offender was or could have been liable as mentioned in section 12, penalty, paragraph (c)

Possession of prohibited publication

13

Only if an offender was or could have been liable as mentioned in section 13, penalty, paragraph (c)

Possession of child abuse publication

14

 

Exhibition or display of prohibited publication

15

Only if an offender was or could have been liable as mentioned in section 15, penalty, paragraph (c)

Leaving prohibited publication in or on public place

16

Only if an offender was or could have been liable as mentioned in section 16, penalty, paragraph (c)

Producing prohibited publication

17(1)

Only if an offender was or could have been liable as mentioned in section 17(1), penalty, paragraph (c)

Producing prohibited publication

17(2)

Only if an offender was or could have been liable as mentioned in section 17(2), penalty, paragraph (c)

Producing prohibited publication

17(3) and (4)

 

Procurement of minor for RC publication

18

 

Leaving prohibited publication in or on private premises

20

Only if an offender was or could have been liable as mentioned in section 20, penalty, paragraph (c)

Access the Classification of Publications Act 1991.

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Criminal Code Act 1899

Offence

Section

Note

Indecent treatment of children under 16

210

 

Bestiality

211

 

Owner etc. permitting abuse of children on premises

213

 

Carnal knowledge with or of children under 16

215

 

Abuse of persons with an impairment of the mind

216

 

Procuring young person etc. for carnal knowledge

217

 

Procuring sexual acts by coercion etc.

218

If the offence was committed against a child

Using internet etc. to procure children under 16

218A

 

Grooming children under 16

218B

 

Taking child for immoral purposes

219

 

Conspiracy to defile

221

If the offence was committed against a child

Incest

222

If the offence was committed against a child

Obscene publications and exhibitions

228

Only if an offender was or could have been liable as mentioned in section 228(2) or (3)

Involving child in making child exploitation material

228A

 

Making child exploitation material

228B

 

Distributing child exploitation material

228C

 

Possessing child exploitation material

228D

 

Administering child exploitation material website

228DA

 

Encouraging use of child exploitation material website

228DB

 

Distributing information about avoiding detection

228DC

 

Maintaining a sexual relationship with a child

229B

 

Procuring engagement in prostitution

229G

Only if an offender was or could have been liable as mentioned in section 229G(2)

Knowingly participating in provision of prostitution

229H

Only if an offender was or could have been liable as mentioned in section 229H(2)

Persons found in places reasonably suspected of being used for prostitution etc.

229I

Only if an offender was or could have been liable as mentioned in section 229I(2)

Permitting young person etc. to be at place used for prostitution

229L

 

Unlawful homicide

300

Only if the unlawful killing is murder under section 302

Attempt to murder

306

 

Conspiring to murder

309

 

Choking, suffocation or strangulation in a domestic setting

315A

 

Torture

320A

If the offence was committed against a child

Rape

349

 

Attempt to commit rape

350

 

Assault with intent to commit rape

351

 

Sexual assaults

352

If the offence was committed against a child

Kidnapping

354

If the offence was committed against a child and the context in which the offence was committed was not familial

Kidnapping for ransom

354A

If the offence was committed against a child

Child stealing

363

If the context in which the offence was committed was not familial

Abduction of a child under 16

363A

If the context in which the offence was committed was not familial

Cruelty to children under 16

364

 

Access the Criminal Code Act 1899.

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Criminal Code Act 1995 (Cwlth)

Offence

Section

Note

Servitude offences

270.5

If the offence was committed against a child

Deceptive recruiting for sexual services

270.7

Only if an offender was or could have been liable as mentioned in section 270.8

Offence of trafficking in children

271.4

 

Offence of domestic trafficking in children

271.7

 

Sexual intercourse with child outside Australia

272.8

 

Sexual activity (other than sexual intercourse) with child outside Australia

272.9

 

Aggravated offence - child with mental impairment or under care, supervision or authority of defendant

272.10

 

Persistent sexual abuse of child outside Australia

272.11

 

Sexual intercourse with young person outside Australia - defendant in position of trust or authority

272.12

 

Sexual activity (other than sexual intercourse) with young person outside Australia - defendant in position of trust or authority

272.13

 

Procuring child to engage in sexual activity outside Australia

272.14

 

"Grooming" child to engage in sexual activity outside Australia

272.15

 

Benefiting from offence against this Division

272.18

 

Encouraging offence against this Division

272.19

 

Preparing for or planning offence against this Division

272.20

 

Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia

273.5

 

Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia

273.6

 

Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people

273.7

 

Using a postal or similar service for child pornography material

471.16

 

Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service

471.17

 

Using a postal or similar service for child abuse material

471.19

 

Possessing, controlling, producing, supplying or obtaining child abuse material for use through postal or similar service

471.20

 

Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people

471.22

 

Using a postal or similar service to procure persons under 16

471.24

 

Using a postal or similar service to "groom" persons under 16

471.25

 

Using a postal or similar service to send indecent material to person under 16

471.26

 

Using a carriage service for child pornography material

474.19

 

Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service

474.20

 

Using a carriage service for child abuse material

474.22

 

Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service

474.23

 

Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people

474.24A

 

Using a carriage service for sexual activity with person under 16 years of age

474.25A

 

Aggravated offence - child with mental impairment or under care, supervision or authority of defendant

474.25B

 

Using a carriage service to procure persons under 16 years of age

474.26

 

Using a carriage service to “groom” persons under 16 years of age

474.27

 

Using a carriage service to transmit indecent communication to person under 16 years of age

474.27A

 

Access the Criminal Code Act 1995 (Cwlth).

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Customs Act 1901 (Cwlth)

Offence

Section

Note

Special offence relating to tier 2 goods

233BAB

If the offence involved child pornography or child abuse material

Access the Customs Act 1901 (Cwlth).

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