Western Australian Current Regulations Western Australian Current Regulations[r. 8]
|
Provision |
Description of offence |
Condition |
|---|---|---|
|
Offences under The Criminal Code set out in the Schedule to the Criminal Code
Act 1995 (Commonwealth) | ||
|
s. 71.2(1) |
Murder of a UN or associated person | |
|
s. 71.4(1) |
Intentionally causing serious harm to a UN or associated person |
The victim is a child or a vulnerable person |
|
s. 71.5(1) |
Recklessly causing serious harm to a UN or associated person |
The victim is a child or a vulnerable person |
|
s. 71.8(1) |
Unlawful sexual penetration of a UN or associated person |
The victim is a child or a vulnerable person |
|
s. 71.9(1) |
Kidnapping a UN or associated person |
The victim is a child or a vulnerable person, other than where the victim is a
child and the offender is a family member of the child |
|
s. 71.10(1) |
Unlawful detention of UN or associated person |
The victim is a child or a vulnerable person, other than where the victim is a
child and the offender is a family member of the child |
|
s. 73.2(1) |
Aggravated offence of people smuggling (danger of death or serious harm) |
The victim is a child or a vulnerable person |
|
s. 73.3(1) |
Aggravated offence of people smuggling, of at least 5 people |
At least 1 of the victims is a child or a vulnerable person |
|
s. 73.3A(1) |
Supporting the offence of people smuggling |
The conduct constituting the offence of people smuggling relates, or would
relate, to at least 1 person who is a child or a vulnerable person |
|
s. 115.1(1) |
Murder of an Australian citizen or a resident of Australia | |
|
s. 115.3(1) |
Intentionally causing serious harm to an Australian citizen or a resident of
Australia |
The victim is a child or a vulnerable person |
|
s. 268.3 |
Genocide by killing | |
|
s. 268.4(1) |
Genocide by causing serious bodily or mental harm |
At least 1 of the persons to whom serious bodily or mental harm is caused is a
child or a vulnerable person |
|
s. 268.5(1) |
Genocide by deliberately inflicting conditions of life calculated to bring
about physical destruction | |
|
s. 268.6 |
Genocide by imposing measures intended to prevent births | |
|
s. 268.7(1) |
Genocide by forcibly transferring children | |
|
s. 268.8 |
Crime against humanity — murder | |
|
s. 268.9(1) |
Crime against humanity — extermination | |
|
s. 268.10(1) |
Crime against humanity — enslavement |
At least 1 of the persons over whom any or all of the powers attaching to the
right of ownership is exercised is a child or a vulnerable person |
|
s. 268.13 |
Crime against humanity — torture |
At least 1 of the persons upon whom severe physical or mental pain or
suffering is inflicted is a child or a vulnerable person |
|
s. 268.14(1) or (2) |
Crime against humanity — rape |
The person who is sexually penetrated is a child or a vulnerable person |
|
s. 268.15(1) |
Crime against humanity — sexual slavery |
The person who the perpetrator causes to enter into or remain in sexual
slavery is a child or a vulnerable person |
|
s. 268.16(1) |
Crime against humanity — enforced prostitution |
At least 1 of the persons who the perpetrator causes to engage in an act of a
sexual nature is a child or a vulnerable person |
|
s. 268.19(1) |
Crime against humanity —sexual violence |
At least 1 of the persons against whom the act of a sexual nature is
committed, or whom the perpetrator causes to engage in an act of a sexual
nature, is a child or a vulnerable person |
|
s. 268.21(1) or (2) |
Crime against humanity — enforced disappearance of persons |
At least 1 of the persons who are arrested, detained or abducted is a child or
a vulnerable person |
|
s. 268.24(1) |
War crime — wilful killing | |
|
s. 268.25(1) |
War crime — torture |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.26(1) |
War crime — inhumane treatment |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.27(1) |
War crime — biological experiments |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.28(1) |
War crime — wilfully causing great suffering |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.38(1) |
War crime — excessive incidental death, injury or damage |
The offence causes death |
|
s. 268.40(1) |
War crime — killing a person who is hors de combat | |
|
s. 268.40(2) |
War crime — injuring a person who is hors de combat |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.41 |
War crime — improper use of a flag of truce |
The perpetrator’s conduct results in death |
|
s. 268.42 |
War crime — improper use of a flag, insignia or uniform of the
adverse party |
The perpetrator’s conduct results in death |
|
s. 268.43 |
War crime — improper use of a flag, insignia or uniform of the
United Nations |
The perpetrator’s conduct results in death |
|
s. 268.44(1) |
War crime — improper use of the distinctive emblems of the Geneva
Conventions |
The perpetrator’s conduct results in death |
|
s. 268.47(1) |
War crime — mutilation causing death | |
|
s. 268.47(2) |
War crime — mutilation |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.48(1) |
War crime — medical or scientific experiment causing death | |
|
s. 268.48(2) |
War crime — medical or scientific experiments |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.49(1) |
War crime — treacherously killing | |
|
s. 268.50 |
War crime — denying quarter |
The offence causes death |
|
s. 268.55 |
War crime — employing poison or poisoned weapons |
The offence causes death |
|
s. 268.56 |
War crime — employing prohibited gases, liquids, materials or
devices |
The offence causes death |
|
s. 268.59(1) or (2) |
War crime — rape |
The victim is a child or a vulnerable person |
|
s. 268.60(1) |
War crime — sexual slavery |
The victim is a child or a vulnerable person |
|
s. 268.61(1) |
War crime — enforced prostitution |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.64(1) |
War crime — sexual violence |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.65(1) |
War crime — using protected persons as shields |
The conduct results in the death of any of the persons referred to in
paragraph (a) of the provision |
|
s. 268.70(1) |
War crime — murder | |
|
s. 268.71(1) |
War crime — mutilation causing death | |
|
s. 268.71(2) |
War crime — mutilation |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.73(1) |
War crime — torture |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.76(2) |
War crime — execution without due process | |
|
s. 268.82(1) or (2) |
War crime — rape |
The victim is a child or a vulnerable person |
|
s. 268.83(1) |
War crime — sexual slavery |
The victim is a child or a vulnerable person |
|
s. 268.84(1) |
War crime — enforced prostitution |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.87(1) |
War crime — sexual violence |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.90(1) |
War crime — treacherously killing | |
|
s. 268.91 |
War crime — denying quarter |
The offence causes death |
|
s. 268.92(1) |
War crime — mutilation causing death | |
|
s. 268.92(2) |
War crime — mutilation |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.93(1) |
War crime — medical or scientific experiment causing death | |
|
s. 268.93(2) |
War crime — medical or scientific experiment |
At least 1 of the victims is a child or a vulnerable person |
|
s. 268.97 |
War crime — attack against works or installations containing
dangerous forces resulting in excessive loss of life or injury to civilians |
The attack results in death |
|
s. 268.98 |
War crime — attacking undefended places or demilitarized zones |
The attack results in death |
|
s. 270.3(1) or (2) |
Slavery offences |
The victim is a child or a vulnerable person |
|
s. 270.5(1) |
Causing a person to enter into or remain in servitude |
The victim is a child or a vulnerable person |
|
s. 270.5(2) |
Conducting a business involving servitude |
At least 1 of the victims is a child or a vulnerable person |
|
s. 270.6A(1) |
Causing a person to enter into or remain in forced labour |
The victim is a child or a vulnerable person |
|
s. 270.6A(2) |
Conducting a business involving forced labour |
At least 1 of the victims is a child or a vulnerable person |
|
s. 270.7 |
Deceptive recruiting for labour or services |
The victim is a child or a vulnerable person |
|
s. 270.7B(1) or (2) |
Forced marriage offences |
The victim is a child or a vulnerable person |
|
s. 270.7C |
Debt bondage |
The victim is a child or a vulnerable person |
|
s. 271.2(1), (1A), (1B), (1C), (2), (2A), (2B) or (2C) |
Trafficking in persons |
The victim is a child or a vulnerable person |
|
s. 271.3(1) |
Trafficking in persons — aggravated offence |
The victim is a child or a vulnerable person |
|
s. 271.4(1) or (2) |
Trafficking in children | |
|
s. 271.5(1), (2), (2A) or (2B) |
Domestic trafficking in persons |
The victim is a child or a vulnerable person |
|
s. 271.6(1) |
Domestic trafficking in persons — aggravated offence |
The victim is a child or a vulnerable person |
|
s. 271.7 |
Domestic trafficking in children | |
|
s. 271.7B(1) or (2) |
Organ trafficking — entry into and exit from Australia |
The victim is a child or a vulnerable person |
|
s. 271.7C(1) |
Organ trafficking — aggravated offence |
The victim is a child or a vulnerable person |
|
s. 271.7D |
Domestic organ trafficking |
The victim is a child or a vulnerable person |
|
s. 271.7E(1) |
Domestic organ trafficking — aggravated offence |
The victim is a child or a vulnerable person |
|
s. 272.8(1) or (2) |
Sexual intercourse with child outside Australia |
The offence does not fall within the ambit of regulation 8(3) |
|
s. 272.9(1) or (2) |
Sexual activity (other than sexual intercourse) with child outside Australia |
The offence does not fall within the ambit of regulation 8(3) |
|
s. 272.10(1) |
Aggravated offence — sexual intercourse or other sexual activity
with child outside Australia | |
|
s. 272.11(1) |
Persistent sexual abuse of child outside Australia | |
|
s. 272.12(1) or (2) |
Sexual intercourse with young person outside Australia — defendant
in position of trust or authority | |
|
s. 272.13(1) or (2) |
Sexual activity (other than sexual intercourse) with young person outside
Australia — defendant in position of trust or authority | |
|
s. 272.14(1) |
Procuring child to engage in sexual activity outside Australia | |
|
s. 272.15(1) |
“Grooming” child to engage in sexual activity outside Australia |
|
|
s. 272.15A(1) |
“Grooming” person to make it easier to engage in sexual activity
with a child outside Australia | |
|
s. 272.18(1) |
Benefitting from child sex offence outside Australia | |
|
s. 272.19(1) |
Encouraging child sex offence outside Australia | |
|
s. 272.20(1) or (2) |
Preparing for or planning child sex offence outside Australia | |
|
s. 273.6(1) |
Possessing, controlling, producing, distributing or obtaining child abuse
material outside Australia | |
|
s. 273.7(1) |
Aggravated offence — offence against s. 273.6 involving
conduct on 3 or more occasions and 2 or more people | |
|
s. 273A.1 |
Possession of child‑like sex doll or other child‑like sex object
intended to be used to simulate sexual intercourse | |
|
s. 274.2(1) or (2) |
Torture |
The victim is a child or a vulnerable person |
|
s. 471.19(1) or (2) |
Using a postal or similar service for child abuse material | |
|
s. 471.20(1) |
Possessing, controlling, producing, supplying or obtaining child abuse
material for use through a postal or similar service | |
|
s. 471.22(1) |
Aggravated offence — offence against s. 471.19 or 471.20
involving conduct on 3 or more occasions and 2 or more people | |
|
s. 471.24(1), (2) or (3) |
Using a postal or similar service to procure persons under 16 | |
|
s. 471.25(1), (2) or (3) |
Using a postal or similar service to “groom” persons under
16 | |
|
s. 471.25A(1), (2) or (3) |
Using a postal or similar service to “groom” another person to
make it easier to procure persons under 16 | |
|
s. 471.26(1) |
Using a postal or similar service to send indecent material to person under 16
| |
|
s. 474.22(1) |
Using a carriage service for child abuse material | |
|
s. 474.22A(1) |
Possessing or controlling child abuse material obtained or accessed using a
carriage service |
The offence does not fall within the ambit of regulation 8(3) |
|
s. 474.23(1) |
Possessing, controlling, producing, supplying or obtaining child abuse
material for use through a carriage service | |
|
s. 474.23A(1) |
Conduct for the purposes of electronic service used for child abuse material |
|
|
s. 474.24A(1) |
Aggravated offence — offence against s. 474.22, 474.22A or
474.23 involving conduct on 3 or more occasions and 2 or more people | |
|
s. 474.25A(1) |
Engaging in sexual activity with child using a carriage service |
The offence does not fall within the ambit of regulation 8(3) |
|
s. 474.25A(2) |
Causing child to engage in sexual activity using a carriage service | |
|
s. 474.25B(1) |
Aggravated offence — using a carriage service for sexual activity
with person under 16 years of age | |
|
s. 474.25C |
Using a carriage service to prepare or plan to cause harm to, engage in sexual
activity with, or procure for sexual activity, persons under 16 | |
|
s. 474.26(1), (2) or (3) |
Using a carriage service to procure persons under 16 years of age | |
|
s. 474.27(1), (2) or (3) |
Using a carriage service to “groom” persons under 16 years of
age | |
|
s. 474.27AA(1), (2) or (3) |
Using a carriage service to “groom” another person to make it
easier to procure persons under 16 years of age | |
|
s. 474.27A(1) |
Using a carriage service to transmit indecent communication to person under
16 years of age |
The offence does not fall within the ambit of regulation 8(3) |
|
Offences under the Crimes (Internationally Protected Persons) Act 1976
(Commonwealth) | ||
|
Murder or kidnap of an internationally protected person |
The victim is murdered or The victim is kidnapped, but not murdered, and the victim is a child or a
vulnerable person, other than where the victim is a child and the offender is
a family member of the child | |
|
Attacking an internationally protected person |
The attack causes death or The attack causes grievous bodily harm, but not death, and the victim is a
child or a vulnerable person | |
|
Offences under the Customs Act 1901 (Commonwealth) | ||
|
s. 233BAB(5) or (6) |
Special offence relating to tier 2 goods |
The offence involves goods that are items of child abuse material |