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Serious offences

 

Serious Offences
What is a serious offence?

An offence is categorised as a ‘serious offence’ under the Act if it is:

  • an offence against a provision of an Act detailed in the table below;
  • an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted a serious offence of a kind detailed in the table below;
  • another offence that is a class 1 offence or a class 2 offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or
  • an offence of counselling or procuring the commission of an offence of a kind mentioned in the table below; or
  • an offence of attempting, or of conspiring, to commit an offence of a kind detailed in the table below; or
  • an offence that has, as an element, an intention to commit an offence of a kind mentioned in the table below; or
  • an offence that, at the time it was committed, was an offence of a kind mentioned in the table below.
Offence Section Qualifications
Classification of Computer Games and Images Act 1995
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  
Classification of Films Act 1991
Possession of objectionable film 41(3)  
Making objectionable film 42(3) and (4)  
Procurement of minor for objectionable film 43  
Classification of Publications Act 1991
Sale etc. of prohibited publication or child abuse photograph 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 or child abuse photograph 14  
Exhibition or display of prohibited publication or child abuse photograph 15  
Leaving prohibited publication or child abuse photograph 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 Only if an offender was or could have been liable as mentioned in section 17(1), penalty, paragraph (c) or 17(2), penalty, paragraph (c) or the offence is an offence under section 17(3) or (4)
Procurement of minor for RC publication or child abuse photograph 18  
Leaving prohibited publication or child abuse photograph in or on private premises   20 Only if an offender was or could have been liable as mentioned in section 20, penalty, paragraph (c)
Criminal Code
Unlawful sodomy 208  
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  
Using internet etc. to procure children under 16 218A  
Taking child for immoral purposes 219  
Conspiracy to defile 221  
Incest 222  
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  
Maintaining a sexual relationship with a child 229B  
Procuring 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  
Killing unborn child 313  
Disabling in order to commit indictable offence 315  
Stupefying in order to commit indictable offence 316  
Acts intended to cause grievous bodily harm and other malicious acts 317  
Torture   320A  
Administering poison with intent to harm 322 Only if an offender was or could have been liable for a penalty as mentioned in section 322, penalty, paragraph (a)
Female genital mutilation 323A  
Removal of child from State for female genital mutilation 323B  
Failure to supply necessaries 324  
Endangering life of children by exposure 326  
Rape 349  
Attempt to commit rape 350  
Assault with intent to commit rape 351  
Sexual assaults 352  
Kidnapping 354  
Kidnapping for ransom 354A  
Child-stealing 363  
Abduction of child under 16 363A  
Cruelty to children under 16 364  
Definition of robbery 409 Only if an offender was or could have been liable as mentioned in section 411(2)
Burglary 419 Only if an offender was or could have been liable as mentioned in section 419(3)(b)(i) or (ii)
Unlawful entry of vehicle for committing indictable offence 427 Only if an offender was or could have been liable as mentioned in section 427(2)(b)(i) or (ii)
Drugs Misuse Act 1986
Trafficking in dangerous drugs 5  
Supplying dangerous drugs 6 Only if the offence is one of aggravated supply as mentioned in section 6(2)
Producing dangerous drugs 8 Only if an offender was or could have been liable for a penalty as mentioned in section 8, penalty, paragraph (a) or (b)
Crimes Act 1914 (Cwlth)
50BA Sexual intercourse with child under 16
50BB Inducing child under 16 to engage in sexual intercourse
50BC Sexual conduct involving child under 16
50BD Inducing child under 16 to be involved in sexual conduct
50DA Benefiting from offence against this Part
50DB Encouraging offence against this Part
Criminal Code (Cwlth)
270.6 Sexual servitude offences only if an offender was or could have been liable as mentioned in section 270.8
270.7 Deceptive recruiting for sexual services only if an offender was or could have been liable as mentioned in section 270.8
474.19 Using a carriage service for child pornography material
474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service
474.22 Using a carriage service for child abuse material
474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
474.26 Using a carriage service to procure persons under 16 years of age
474.27 Using a carriage service to “groom” persons under 16 years of age
Customs Act 1901 (Cwlth)
233BAB Special offence relating to tier 2 goods If the offence involved child pornography or child abuse material
Schedule 3 - Repealed or expired serious offences
Offence Section Limitations
Criminal Code
Defilement of girls under twelve 212 As the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989
Attempt to abuse girls under ten 214 As the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989
Unlawful detention with intent to defile or in a brothel 220 As the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989
Incest by adult female 223 As the provision was in force from time to time before its repeal by the Criminal Law Amendment Act 1997
Endangering life or health of apprentices or servants 325 As the provision was in force from time to time before its repeal by the Training and Employment Act 2000
Aggravated assaults 344

As the provision was in force from 20 December 1946 to 30 June 1997 if the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined in the Criminal Law Amendment Act 1945, section 2A

 

Criminal Law Amendment Act 1945, s 2A was inserted into the Criminal Law Amendment Act 1945 by the Criminal Law Amendment Act 1946.

Last Updated: October 27, 2011

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The State of Queensland (Commission for Children and Young People and Child Guardian) 2011