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CRIMES ACT 1958 - SCHEDULE 9

Schedule 9—DNA sample offences

Section 464(2)

    1     Child homicide.

    1A     Homicide by firearm.

    2     Murder.

    3     Manslaughter.

    4     Treason.

    5     An offence against section 15A(1) of the Crimes Act 1958 (causing serious injury intentionally in circumstances of gross violence).

    6     An offence against section 15B(1) of the Crimes Act 1958 (causing serious injury recklessly in circumstances of gross violence).

    7     An offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally).

    8     An offence against section 21A(1) of the Crimes Act 1958 (stalking) and 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.

    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 63A of the Crimes Act 1958 (kidnapping).

    19     An offence against section 75A(1) of the Crimes Act 1958 (armed robbery).

    20     An offence against section 77 of the Crimes Act 1958 (aggravated burglary).

    21     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(1A) of the Crimes Act 1958 .

    22     An offence against section 77A of the Crimes Act 1958 (home invasion).

    23     An offence against section 77B of the Crimes Act 1958 (aggravated home invasion).

    24     An offence against section 79 of the Crimes Act 1958 (carjacking).

    25     An offence against section 79A of the Crimes Act 1958 (aggravated carjacking).

    26     An offence against section 197A of the Crimes Act 1958 (arson causing death).

    27     An offence against section 318(1) of the Crimes Act 1958 (culpable driving causing death).

    28     An offence against section 319(1) or (1A) of the Crimes Act 1958 (dangerous driving causing death or serious injury).

    29     An offence against section 319AA(1) of the Crimes Act 1958 (dangerous or negligent driving while pursued by police).

    30     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) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;

        (b)     section 72(1) (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;

        (c)     section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b).

    31     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).

    32     An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981

        (a)     section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);

        (b)     section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);

        (c)     section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);

        (d)     section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);

        (e)     section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b), (c) or (d).

    33     An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981

        (a)     section 71AB (trafficking in a drug 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).

    34     An offence against section 37A 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 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.

    35     An offence against section 125A(1) of the Family Violence Protection Act 2008 (persistent contravention of family violence safety notices and family violence intervention orders).

    35A     An offence against section 39G(1) or (2) of the Occupational Health and Safety Act 2004 (workplace manslaughter).

    35B     An offence against section 144(1) of the Occupational Health and Safety Act 2004 arising in respect of a contravention of section 39G(1) of that Act (workplace manslaughter—liability of officers of bodies corporate).

    36     An offence against section 4B(1) or 21W of the Terrorism (Community Protection) Act 2003 .

    37     An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule.

Schs 8A–11 repealed. [55]

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