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Disqualifying offences
What is a disqualifying offence? |
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An offence is categorised as a ‘disqualifying offence’ under the Act if it is:
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| Offence | Section | Limitations |
| Criminal Code | ||
| Unlawful sodomy | 208 | If committed against a child under 18 |
| Attempted sodomy | 209 | If committed against a child under 18 |
| Indecent treatment of children under 16 | 210 | |
| Owner etc. permitting abuse of children on premises | 213 | If committed against a child under 18 |
| Carnal knowledge with or of children under 16 | 215 | |
| Abuse of intellectually impaired persons | 216 | If committed against a child under 18 |
| Procuring young person etc. for carnal knowledge | 217 | If committed against a child under 18 |
| Procuring sexual acts by coercion etc. | 218 | If committed against a child under 18 |
| Using internet etc to procure children under 16 | 218A | |
| Taking child for immoral purposes | 219 | |
| Conspiracy to defile | 221 | If committed against a child under 18 |
| Incest | 222 | If committed against a child under 18 |
| 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 | If the procured person is not an adult or is an intellectually impaired person, the offender is liable to a maximum penalty of 14 years imprisonment. |
| Knowingly participating in provision of prostitution | 229H | If the procured person is not an adult or is an intellectually impaired person, the offender is liable to a maximum penalty of 14 years imprisonment. |
| Persons found in places reasonably suspected of being used for prostitution etc | 229I | If a person who is not an adult or is an intellectually impaired person is, to the offender’s knowledge, in the place at the time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment. |
| 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 |
| Murder | 302 | If committed against a child under 18 |
| Rape | 349 | If committed against a child under 18 |
| Attempt to commit rape | 350 | If committed against a child under 18 |
| Assault with intent to commit rape | 351 | If committed against a child under 18 |
| Sexual assaults | 352 | If committed against a child under 18 |
| 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) |
| Crimes Act 1914 (Cwlth) | ||
| Sexual intercourse with child under 16 | 50BA | |
| Inducing child under 16 to engage in sexual intercourse | 50BB | |
| Sexual conduct involving children under 16 | 50BC | |
| Inducing child under 16 to be involved in sexual conduct | 50BD | |
| Benefiting from offence against this Part | 50DA | |
| Encouraging offence against this Part | 50DB | |
| Criminal Code (Cwlth) | ||
| Sexual servitude offences | 270.6 | If committed against a child under 18 |
| Deceptive recruiting for sexual services | 270.07 | If committed against a child under 18 |
| 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 | |
| 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 | |
| Customs Act 1901 (Cwlth) | ||
| Special offences to tier 2 goods | 233BAB | If the offence involved child pornography or child abuse material. |
Last Updated: July 1, 2008