Victorian Current Acts Victorian Current ActsSchedule 2—Schedule 2 offences
Note to Sch. 2 inserted by No. 32/2018 s. 98(2).
Note
Section 4AA(2) and (3) set out whether a person who is accused of an offence in this Schedule will be subject to the exceptional circumstances test or the show compelling reason test.
Sch. 2 item 1 repealed by No. 28/2023 s. 8(a).
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2. Manslaughter.
3. Child homicide.
Sch. 2 item 3A inserted by No. 16/2020 s. 10.
3A. Homicide by firearm.
4. An offence against section 15A(1) of the Crimes Act 1958 (causing serious injury intentionally in circumstances of gross violence).
5. An offence against section 15B(1) of the Crimes Act 1958 (causing serious injury recklessly in circumstances of gross violence).
6. An offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally).
7. An offence against section 20 of the Crimes Act 1958 (threats to kill) that is also a family violence offence.
8. An offence against section 21A(1) of the Crimes Act 1958 (stalking) and—
(a) the accused has within the preceding 10 years been convicted or found guilty of an offence against that section in relation to any person or an offence in the course of committing which the accused used or threatened to use violence against any person; or
(b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person whom the accused is alleged to have stalked, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence.
9. An offence against section 38(1) of the Crimes Act 1958 (rape).
10. An offence against section 39(1) of the Crimes Act 1958 (rape by compelling sexual penetration).
11. An offence against section 42(1) of the Crimes Act 1958 (assault with intent to commit a sexual offence).
12. An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose).
13. An offence against section 49A(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 12).
14. An offence against section 49B(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 16) in circumstances other than where at the time of the alleged offence the child was 12 years of age or more and the accused was not more than 2 years older than the child.
15. An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16).
16. An offence against section 49P(1) of the Crimes Act 1958 (abduction or detention of a child under the age of 16 for a sexual purpose).
17. An offence against any of the following provisions of Subdivision (8C) of Division 1 of Part I of the Crimes Act 1958 (incest) in circumstances other than where both people are aged 18 or older—
(a) section 50C(1) (sexual penetration of a child or lineal descendant);
(b) section 50D(1) (sexual penetration of a step‑child);
(c) section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);
(d) section 50F(1) (sexual penetration of a sibling or half-sibling).
18. An offence against section 37, 37A, 123 or 123A of the Family Violence Protection Act 2008 of contravening a family violence intervention order or family violence safety notice (as the case requires) in the course of committing which the accused is alleged to have used or threatened to use violence and—
(a) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or
(b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order or notice, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence.
19. An offence against section 125A(1) of the Family Violence Protection Act 2008 (persistent contravention of notices and orders).
20. An offence against section 100 of the Personal Safety Intervention Orders Act 2010 of contravening an order in the course of committing which the accused is alleged to have used or threatened to use violence and—
(a) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or
(b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence.
21. An offence against section 63A of the Crimes Act 1958 (kidnapping).
22. An offence against any of the following provisions of the Crimes Act 1958 —
Sch. 2 item 22(aa) inserted by No. 3/2019 s. 6(1).
(aa) section 31C (discharging a firearm reckless to safety of a police officer or a protective services officer) in circumstances where the offender's conduct is alleged to have created a risk to the physical safety of the victim or to any member of the public;
(a) section 75A(1) (armed robbery);
(b) section 77 (aggravated burglary);
(c) section 77A (home invasion);
(d) section 79 (carjacking);
(e) section 197A (arson causing death);
Sch. 2 item 22(ea) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22.
(ea) section 317AC (intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);
Sch. 2 item 22(eb) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22.
(eb) section 317AD (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);
Sch. 2 item 22(ec) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22.
(ec) section 317AE (recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);
Sch. 2 item 22(ed) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22.
(ed) section 317AF (aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);
Sch. 2 item 22(ee) inserted by No. 65/2017 s. 21.
(ee) section 317AG (damaging an emergency service vehicle);
(f) section 318(1) (culpable driving causing death);
(g) section 319(1) or (1A) (dangerous driving causing death or serious injury);
(h) section 319AA(1) (dangerous or negligent driving while pursued by police).
23. Any indictable offence in the course of committing which the accused, or any person involved in the commission of the offence, is alleged to have used or threatened to use a firearm, offensive weapon, or explosive as defined by section 77 of the Crimes Act 1958 .
Sch. 2 item 23A inserted by No. 3/2019 s. 6(2).
23A. An offence of common assault that is alleged to have been committed in the circumstances referred to in section 320A(1) or (2) of the Crimes Act 1958 and it is alleged that the assault consisted of or included the direct application of force within the meaning of the definition of assault in section 31(2) of that Act.
24. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 —
(a) section 71AB (trafficking in a drug or drugs of dependence to a child);
(b) section 71AC (trafficking in a drug of dependence);
(c) section 72B (cultivation of narcotic plants);
(d) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c).
25. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 (as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 )—
(a) section 71(1) (trafficking in a drug of dependence);
(b) section 72(1) (cultivation of narcotic plants);
(c) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b).
26. An offence against section 302.2, 302.3, 303.4, 303.5, 304.1, 304.2, 305.3, 305.4, 306.2, 307.1, 307.2, 307.5, 307.6, 307.8, 307.9, 307.11, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14 or 309.15 of the Criminal Code of the Commonwealth.
27. An offence under section 231(1), 233A or 233B(1) of the Customs Act 1901 of the Commonwealth (as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth) in circumstances where the offence is committed in relation to a commercial or trafficable quantity of narcotic goods within the meaning of that Act.
Sch. 2 item 28 amended by No. 27/2018 s. 352.
28. An indictable offence that is alleged to have been committed while the accused is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Offenders Act 2018 .
Sch. 2 item 29 amended by No. 27/2018 s. 352.
29. An indictable offence, and the accused, at any time during the proceeding with respect to bail, is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Offenders Act 2018 .
Sch. 2 item 30 repealed by No. 28/2023 s. 8(b).
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31. An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule.
Sch. 2 item 32 inserted by No. 28/2023 s. 28.
32. Any other offence the necessary elements of
which consist of elements that constitute an offence referred to in any other
item of this Schedule.
Sch. 3 inserted by No. 28/2023 s. 11.