Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Schedule 3 Disqualifying offences
(see s 11B)
Part 3.1 Definitions
3.1 Definitions—sch 3
In this schedule:
"Animal Welfare Act" means the Animal Welfare Act 1992
.
"Crimes Act "means the Crimes Act 1900
.
"Criminal Code "means the Criminal Code 2002
.
"Drugs of Dependence Act" means the Drugs of Dependence Act 1989
.
"Road Transport (Safety and Traffic Management) Act" means the Road Transport (Safety and Traffic Management) Act 1999
.
"Sex Work Act" means the Sex Work Act 1992
.
"young adult relationship"—an offence is within a "young adult relationship" if—
(a) the offence is committed against a child aged 14 or 15 years; and
(b) the offender is less than 5 years older than the child; and
(c) the commission of the offence does not involve violence or coercion.
Part 3.2 Class A disqualifying offences
Note
An offence mentioned in this part is a class B disqualifying offence for
a person engaged, or seeking registration to engage, in a kinship care
activity (see s 11B).
|
column 1 item |
column 2 offence |
column 3 short description |
column 4 condition |
|---|---|---|---|
|
Homicide and related offences | |||
| 1 | |||
, s 12
murder
2
, s 44
attempt
to commit murder
3
, s 29 (2)
culpable driving of motor vehicle—cause death
intent to cause death
4
,
s 48A (1) (g),
for offence against s 29 (2)
aggravated offence against pregnant woman—culpable driving of motor vehicle
intent to cause death
Acts intended to cause injury
5
, s 19
intentionally inflict grievous bodily harm
offence against vulnerable person
6
, s 20
recklessly inflict grievous bodily harm
offence against vulnerable person
7
, s 21
wounding
offence against vulnerable person
8
, s 22
assault with intent to commit other offence
offence against vulnerable person
9
, s 23
inflict actual bodily harm
offence against vulnerable person
10
, s 24
assault occasioning actual bodily harm
offence against vulnerable person
11
, s 25
cause grievous bodily harm
offence against vulnerable person
12
, s 27 (3) (a)
acts endangering life—chokes, suffocates or strangles
offence against vulnerable person
13
, s 27 (3) (b)
acts endangering life—administer stupefying or overpowering drug
offence against vulnerable person
14
, s 27 (3) (c)
acts endangering life—use offensive weapon
offence against vulnerable person
15
, s 27 (3) (e)
acts endangering life—cause explosion etc
offence against vulnerable person
16
, s 27 (3) (f)
acts endangering life—set trap
offence against vulnerable person
17
, s 27 (3) (g)
acts endangering life—interfere with conveyance, transport facility or public utility service
offence against vulnerable person
18
, s 36
torture
offence against vulnerable person
19
, s 43
childbirth—grievous bodily harm with intent
offence against vulnerable person
20
,
s 48A (1) (b)
aggravated offence against pregnant woman—intentionally inflict grievous bodily harm
offence against vulnerable person
21
,
s 48A (1) (c)
aggravated offence against pregnant woman—recklessly inflict grievous bodily harm
offence against vulnerable person
22
,
s 48A (1) (d)
aggravated offence against pregnant woman—wounding
offence against vulnerable person
23
,
s 48A (1) (e)
aggravated offence against pregnant woman—inflict actual bodily harm
offence against vulnerable person
24
, s 74
prohibition of female genital mutilation
offence against vulnerable person
25
, s 75
remove child from ACT for genital mutilation
Sexual assault and related offences
26
, s 51
sexual assault in first degree
offence against vulnerable person
27
, s 52
sexual assault in second degree
offence against vulnerable person
28
, s 53
sexual assault in third degree
offence against vulnerable person
29
, s 54
sexual intercourse without consent
offence against vulnerable person
30
, s 55 (1)
sexual intercourse with young person (under 10 years old)
31
, s 55 (2)
sexual intercourse with young person (under 16 years old)
offence other than within young adult relationship
32
, s 55A
sexual intercourse with young person under special care
33
, s 56
maintain sexual relationship with young person or person under special care
34
, s 57
act of indecency in first degree
offence against vulnerable person
35
, s 58
act of indecency in second degree
offence against vulnerable person
36
, s 59
act of indecency in third degree
offence against vulnerable person
37
, s 60
act of indecency without consent
offence against vulnerable person
38
, s 61 (1)
act of indecency without consent (child under 10 years old)
39
, s 61 (2)
act of indecency without consent (child under 16 years)
offence other than within young adult relationship
40
, s 61A
act of indecency with young person under special care
41
, s 62 (1)
incest (under 10 years)
42
, s 62 (2)
incest (under 16 years)
offence against child under 13 years
43
, s 64 (1)
use etc child under 12 years for production of child exploitation material
44
, s 64 (3)
use etc child 12 years or older for production of child exploitation material
45
, s 64A
trade in child exploitation material
46
, s 65
possess child exploitation material
47
, s 66 (1) (a)
grooming—encourage young person to commit etc act of sexual nature
48
, s 66 (1) (b)
grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature
49
, s 66 (1) (c)
grooming—engage in conduct with person who has relationship with young person with intention of encouraging young person to commit etc act of sexual nature
50
, s 79 (1)
sexual servitude—cause person to enter or remain in
offence against vulnerable person
51
, s 79 (2)
sexual servitude—conduct business involving
offence against vulnerable person
52
, s 80
deceptive recruiting for sexual services
offence against vulnerable person
53
, s 20
cause child to provide commercial sexual services etc
Abduction, harassment and related offences
54
, s 37
abduction of young person
offence against child other than family member
55
, s 38
kidnapping
offence against child other than family member
56
, s 40
unlawfully take child etc
offence against child other than family member
57
, s 63
abduction
offence against vulnerable person
Public order offences
58
, s 63A
bestiality
Part 3.3 Class B disqualifying offences
|
column 1 item |
column 2 offence |
column 3 short description |
column 4 condition |
|---|---|---|---|
|
Homicide and related offences | |||
| 1 | |||
, s 15
manslaughter
2
, s 6 (1)
drive motor vehicle negligently
causes death
3
, s 17 (1)
suicide—aids or abets
4
, s 17 (2)
suicide—incites or counsels
5
, s 29 (2)
culpable driving of motor vehicle—cause death
without intent to cause death
6
, s 42
child destruction
7
, s 48A (1) (a)
aggravated offence against pregnant woman—manslaughter
8
, s 48A (1) (g),
for offence against
s 29 (2)
aggravated offence against pregnant woman—culpable driving of motor vehicle
without intent to cause death
Acts intended to cause injury
9
, s 19
intentionally inflict grievous bodily harm
offence other than against vulnerable person
10
, s 20
recklessly inflict grievous bodily harm
offence other than against vulnerable person
11
, s 21
wounding
offence other than against vulnerable person
12
, s 22
assault with intent to commit other offence
offence other than against vulnerable person
13
, s 23
inflict actual bodily harm
offence other than against vulnerable person
14
, s 24
assault occasioning actual bodily harm
offence other than against vulnerable person
15
, s 25
cause grievous bodily harm
offence other than against vulnerable person
16
, s 27 (3) (a)
acts endangering life— chokes, suffocates or strangles
offence other than against vulnerable person
17
, s 27 (3) (b)
acts endangering life—administer stupefying or overpowering drug
offence other than against vulnerable person
18
, s 27 (3) (c)
acts endangering life—use offensive weapon
offence other than against vulnerable person
19
, s 27 (3) (e)
acts endangering life—cause explosion etc
offence other than against vulnerable person
20
, s 27 (3) (f)
acts endangering life—set trap
offence other than against vulnerable person
21
, s 27 (3) (g)
acts endangering life—interfere with conveyance, transport facility or public utility service
offence other than against vulnerable person
22
, s 36
torture
offence other than against vulnerable person
23
,
s 48A (1) (b)
aggravated offence against pregnant woman—intentionally inflict grievous bodily harm
offence other than against vulnerable person
24
,
s 48A (1) (c)
aggravated offence against pregnant woman—recklessly inflict grievous bodily harm
offence other than against vulnerable person
25
,
s 48A (1) (d)
aggravated offence against pregnant woman—wounding
offence other than against vulnerable person
26
,
s 48A (1) (e)
aggravated offence against pregnant woman—inflict actual bodily harm
offence other than against vulnerable person
27
,
s 48A (1) (f)
aggravated offence against pregnant woman—assault occasioning actual bodily harm
offence other than against vulnerable person
28
, s 74
prohibition of female genital mutilation
offence other than against vulnerable person
Sexual assault and related offences
29
, s 51
sexual assault in first degree
offence other than against vulnerable person
30
, s 52
sexual assault in second degree
offence other than against vulnerable person
31
, s 53
sexual assault in third degree
offence other than against vulnerable person
32
, s 54
sexual intercourse without consent
offence other than against vulnerable person
33
, s 55 (2)
sexual intercourse with young person (under 16 years old)
offence within young adult relationship
34
, s 57
act of indecency in first degree
offence other than against vulnerable person
35
, s 58
act of indecency in second degree
offence other than against vulnerable person
36
, s 59
act of indecency in third degree
offence other than against vulnerable person
37
, s 60
act of indecency without consent
offence other than against vulnerable person
38
, s 61 (2)
act of indecency without consent (child under 16 years)
offence within young adult relationship
39
, s 61B (1)
observe with device or capture visual data—other person
offence against vulnerable person
40
, s 61B (5)
observe with device or capture visual data—other person's genital/ anal region or breasts
offence against vulnerable person
41
, s 62 (2)
incest (under 16 years)
offence against child 13 years or older
42
, s 62 (3)
incest (16 years or older)
offence other than against vulnerable person
43
, s 72C
non-consensual distribution of intimate images
offence against vulnerable person
44
, s 72D
distribute intimate image of young person
45
, s 79 (1)
sexual servitude—cause person to enter or remain in
offence other than against vulnerable person
46
, s 79 (2)
sexual servitude—conduct business involving
offence other than against vulnerable person
47
, s 80
deceptive recruiting for sexual services
offence other than against vulnerable person
Dangerous or negligent acts endangering others
48
, s 39
neglect etc of children
49
, s 41
expose or abandon child
Abduction, harassment and related offences
50
, s 38
kidnapping
offence against child family member or person other than a vulnerable person
51
, s 63
abduction
offence against child family member or person other than a vulnerable person
Fraud, deception and related offences
52
, s 326
obtain property by deception
offence against vulnerable person
53
, s 332
obtain financial advantage by deception
offence against vulnerable person
54
, s 333
general dishonesty
55
, s 334
conspiracy to defraud
offence against vulnerable person
56
, s 336
pass valueless cheques
offence against vulnerable person
57
, s 336A
make false statements on oath or in statutory declarations
58
, s 337
make false or misleading statements
59
, s 338
give false or misleading information
offence against vulnerable person
60
, s 339
produce false or misleading documents
offence against vulnerable person
61
, s 346
forgery
offence against vulnerable person
62
, s 347
use false document
offence against vulnerable person
63
, s 348
possess false document
offence against vulnerable person
64
, s 351
false statement by officer of body
Illicit drug offences
65
, s 603 (1)
traffic controlled drug—large commercial quantity
66
, s 603 (3)
traffic controlled drug—commercial quantity
67
, s 603 (5)
traffic controlled drug—trafficable quantity of cannabis
68
, s 603 (7)
traffic controlled drug—controlled drug other than cannabis
69
, s 603 (8)
traffic controlled drug—cannabis
70
,
s 607 (1)
manufacture controlled drug to sell—large commercial quantity
71
,
s 607 (3)
manufacture controlled drug to sell—commercial quantity
72
,
s 607 (5)
manufacture controlled drug to sell
73
,
s 609
manufacture controlled drug
74
,
s 610 (1)
sell controlled precursor—large commercial quantity
75
,
s 610 (3)
sell controlled precursor—commercial quantity
76
,
s 610 (5)
sell controlled precursor for manufacture
77
,
s 611 (1)
manufacture controlled precursor—large commercial quantity
78
,
s 611 (3)
manufacture controlled precursor to sell—large commercial quantity
79
,
s 611 (5)
manufacture controlled precursor—commercial quantity
80
,
s 611 (7)
manufacture controlled precursor to sell—commercial quantity
81
,
s 611 (9)
manufacture controlled precursor
82
,
s 611 (10)
manufacture controlled precursor to sell
83
,
s 612 (1)
possess controlled precursor—large commercial quantity
84
,
s 612 (3)
possess controlled precursor—commercial quantity
85
,
s 612 (5)
possess controlled precursor
86
,
s 613 (1)
supply substance, equipment or document for drug manufacture
87
,
s 613 (2)
possess substance, equipment or document to supply for drug manufacture
88
,
s 614
possess substance, equipment or document for drug manufacture
89
,
s 616 (1)
cultivate controlled plant to sell—large commercial quantity
90
,
s 616 (3)
cultivate controlled plant to sell—commercial quantity
91
,
s 616 (5)
cultivate controlled plant to sell—trafficable quantity
92
,
s 616 (7)
cultivate other controlled plant to sell
93
,
s 616 (8)
cultivate cannabis plant to sell
94
,
s 618 (1)
cultivate controlled plant other than cannabis plant
95
, s 619 (1)
sell controlled plant—large commercial quantity
96
, s 619 (3)
sell controlled plant—commercial quantity
97
, s 619 (5)
sell controlled plant—trafficable quantity of cannabis plant
98
, s 619 (7)
sell controlled plant—controlled plant other than cannabis plant
99
, s 619 (8)
sell controlled plant—cannabis plant
100
,
s 620 (1)
supply controlled plant, product, equipment or document—cultivation
101
,
s 620 (2)
possess controlled plant, product, equipment or document—intent to supply to another
102
,
s 621
possess controlled plant, product, equipment or document—cultivation
103
, s 622 (1)
supply controlled drug to child for selling—commercial quantity
104
, s 622 (3)
supply controlled drug to child for selling
105
, s 624 (1)
procure child to traffic in controlled drug—commercial quantity
106
, s 624 (4)
procure child to traffic in controlled drug
107
, s 625
supply controlled drug to child
108
, s 164 (2)
sell or supply drug of dependence
109
, s 164 (3)
sell or supply prohibited substance
Public order offences
110
, s 7A
aggravated cruelty