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. 71.3(1) |
Manslaughter of a UN or associated person | | |
|
s. 71.4(1) |
Intentionally causing serious harm to a UN or associated person |
The victim is a person other than a child or a vulnerable person | |
|
s. 71.5(1) |
Recklessly causing serious harm to a UN or associated person |
The victim is a person other than a child or a vulnerable person | |
|
s. 71.8(1) |
Unlawful sexual penetration of a UN or associated person |
The victim is a person other than a child or a vulnerable person | |
|
s. 71.9(1) |
Kidnapping a UN or associated person |
The victim is a person other than a child or a vulnerable person or 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 person other than a child or a vulnerable person or 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 person other than a child or a vulnerable person | |
|
s. 73.3(1) |
Aggravated offence of people smuggling, of at least 5 people |
Each of the victims is a person other than a child or a vulnerable person | |
|
s. 73.3A(1) |
Supporting the offence of people smuggling |
None of the persons to whom the conduct constituting the offence of people
smuggling relates, or would relate, is a child or a vulnerable person | |
|
s. 73.8 |
Making, providing or possessing a false travel or identity document |
The offence affects or involves a child or a vulnerable person | |
|
s. 73.9(1) |
Providing or possessing a travel or identity document issued or altered
dishonestly or as a result of threats |
The offence affects or involves a child or a vulnerable person | |
|
s. 73.10 |
Providing or possessing a travel or identity document to be used by a person
who is not the rightful user |
The offence affects or involves a child or a vulnerable person | |
|
s. 80.1(1) or (2) |
Treason | | |
|
s. 80.1AA(1) |
Treason — assisting enemy to engage in armed conflict | | |
|
s. 80.1AC |
Treachery | | |
|
s. 80.2(1) or (3), as in force on and after 25 November 2010 |
Urging the overthrow of the Constitution or Government by force or violence or
urging interference in Parliamentary elections or constitutional referenda by
force or violence | | |
|
s. 80.2(1), (3), (7) or (8), as in force before
25 November 2010 |
Sedition | | |
|
s. 80.2(5) as in force before 22 December 2010 |
Sedition | | |
|
s. 80.2A(1) or (2) |
Urging violence against groups | | |
|
s. 80.2B(1) or (2) |
Urging violence against members of groups | | |
|
s. 80.2C(1) |
Advocating terrorism | | |
|
s. 80.2D(1) |
Advocating genocide | | |
|
s. 82.3(1) |
Sabotage involving foreign principal with intention as to national security |
| |
|
s. 82.4(1) |
Sabotage involving foreign principal reckless as to national security | | |
|
s. 82.5(1) |
Sabotage with intention as to national security | | |
|
s. 82.6(1) |
Sabotage reckless as to national security | | |
|
s. 82.7 |
Introducing vulnerability with intention as to national security | | |
|
s. 82.8 |
Introducing vulnerability reckless as to national security | | |
|
s. 82.9(1) |
Preparing for or planning sabotage offence | | |
|
s. 83.1(1) |
Advocating mutiny | | |
|
s. 83.2(1) |
Assisting prisoners of war to escape | | |
|
s. 83.3(1) |
Military‑style training involving foreign government principal | | |
|
s. 91.1(1) or (2) |
Espionage — dealing with information concerning national security
which is or will be communicated or made available to foreign principal | | |
|
s. 91.2(1) or (2) |
Espionage — dealing with information which is or will be
communicated or made available to foreign principal | | |
|
s. 91.3(1) |
Espionage — security classified information | | |
|
s. 91.6(1) |
Aggravated espionage offence | | |
|
s. 91.8(1), (2) or (3) |
Espionage on behalf of foreign principal | | |
|
s. 91.11(1) |
Soliciting or procuring an espionage offence or making it easier to do so | | |
|
s. 91.12(1) |
Preparing for an espionage offence | | |
|
s. 92.2(1) or (2) |
Intentional foreign interference | | |
|
s. 92.3(1) or (2) |
Reckless foreign interference | | |
|
s. 92.4(1) |
Preparing for a foreign interference offence | | |
|
s. 92.7 |
Knowingly supporting foreign intelligence agency | | |
|
s. 92.8 |
Recklessly supporting foreign intelligence agency | | |
|
s. 92.9 |
Knowingly funding or being funded by foreign intelligence agency | | |
|
s. 92.10 |
Recklessly funding or being funded by foreign intelligence agency | | |
|
s. 92A.1(1) |
Theft of trade secrets involving foreign government principal | | |
|
s. 101.1(1) |
Terrorist acts | | |
|
s. 101.2(1) or (2) |
Providing or receiving training connected with terrorist acts | | |
|
s. 101.4(1) or (2) |
Possessing things connected with terrorist acts | | |
|
s. 101.5(1) or (2) |
Collecting or making documents likely to facilitate terrorist acts | | |
|
s. 101.6(1) |
Other acts done in preparation for, or planning, terrorist acts | | |
|
s. 102.2(1) or (2) |
Directing the activities of a terrorist organisation | | |
|
s. 102.3(1) |
Membership of a terrorist organisation | | |
|
s. 102.4(1) or (2) |
Recruiting for a terrorist organisation | | |
|
s. 102.5(1) or (2) |
Training involving a terrorist organisation | | |
|
s. 102.6(1) or (2) |
Getting funds to, from or for a terrorist organisation | | |
|
s. 102.7(1) or (2) |
Providing support to a terrorist organisation | | |
|
s. 102.8(1) or (2) |
Associating with terrorist organisations | | |
|
s. 103.1(1) |
Financing terrorism | | |
|
s. 103.2(1) |
Financing a terrorist | | |
|
s. 115.2(1) |
Manslaughter 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 person other than a child or a vulnerable person | |
|
s. 115.4(1) |
Recklessly causing serious harm to an Australian citizen or a resident of
Australia | | |
|
s. 119.1(1) |
Entering foreign countries with the intention of engaging in hostile
activities | | |
|
s. 119.1(2) |
Engaging in a hostile activity in a foreign country | | |
|
s. 119.4(1), (2), (3), (4) or (5) |
Preparations for incursions into foreign countries for purpose of engaging in
hostile activities | | |
|
s. 122.1(1), (2), (3) or (4) |
Communication and other dealings with inherently harmful information by
current and former Commonwealth officers | | |
|
s. 122.2(1), (2), (3) or (4) |
Conduct by current and former Commonwealth officers causing harm to
Australia’s interests | | |
|
s. 122.3(1) |
Aggravated offence against s. 122.1 or 122.2 | | |
|
s. 122.4(1) |
Unauthorised disclosure of information by current and former Commonwealth
officers | | |
|
s. 142.2(1) or (2) |
Abuse of public office |
The offender intends to dishonestly cause a detriment to another person and
the other person is a child or a vulnerable person | |
|
s. 144.1(1), (3), (5) or (7) |
Forgery |
The offence affects or involves a child or a vulnerable person | |
|
s. 145.1(1), (3), (5) or (7) |
Using forged document |
The offence affects or involves a child or a vulnerable person | |
|
s. 145.2(1), (3), (5) or (7) |
Possession of forged document |
The offence affects or involves a child or a vulnerable person | |
|
s. 145.4(1) |
Falsification of documents |
The offence affects or involves a child or a vulnerable person | |
|
s. 145.5(1) |
Giving information derived from false or misleading documents |
The offence affects or involves a child or a vulnerable person | |
|
s. 148.1(1) or (3) |
Impersonation of an official by a non‑ official |
The offence affects or involves a child or a vulnerable person | |
|
s. 148.2(1) or (3) |
Impersonation of an official by another official |
The offence affects or involves a child or a vulnerable person | |
|
s. 268.4(1) |
Genocide by causing serious bodily or mental harm |
Each person to whom serious bodily or mental harm is caused is a person other
than a child or a vulnerable person | |
|
s. 268.10(1) |
Crime against humanity — enslavement |
Each person over whom any or all of the powers attaching to the right of
ownership is exercised is a person other than a child or a vulnerable person |
|
|
s. 268.11(1) |
Crime against humanity — deportation or forcible transfer of
population | | |
|
s. 268.12(1) |
Crime against humanity — imprisonment or other severe deprivation
of physical liberty | | |
|
s. 268.13 |
Crime against humanity — torture |
Each person upon whom severe physical or mental pain or suffering is inflicted
is a person other than a child or a vulnerable person | |
|
s. 268.14(1) or (2) |
Crime against humanity — rape |
The person who is sexually penetrated is a person other than 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 person other than a child or a vulnerable person | |
|
s. 268.16(1) |
Crime against humanity — enforced prostitution |
Each person who the perpetrator causes to engage in an act of a sexual nature
is a person other than a child or a vulnerable person | |
|
s. 268.17(1) |
Crime against humanity — forced pregnancy | | |
|
s. 268.18(1) |
Crime against humanity — enforced sterilisation | | |
|
s. 268.19(1) |
Crime against humanity —sexual violence |
Each person against whom the perpetrator commits an act of a sexual nature, or
whom the perpetrator causes to engage in an act of a sexual nature, is a
person other than a child or a vulnerable person | |
|
s. 268.20(1) |
Crime against humanity — persecution | | |
|
s. 268.21(1) or (2) |
Crime against humanity — enforced disappearance of persons |
Each person who is arrested, detained or abducted is a person other than a
child or a vulnerable person | |
|
s. 268.22 |
Crime against humanity — apartheid | | |
|
s. 268.23 |
Crime against humanity — other inhumane act | | |
|
s. 268.25(1) |
War crime — torture |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.26(1) |
War crime — inhumane treatment |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.27(1) |
War crime — biological experiments |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.28(1) |
War crime — wilfully causing great suffering |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.29(1) |
War crime — destruction and appropriation of property | | |
|
s. 268.30(1) |
War crime — compelling service in hostile forces | | |
|
s. 268.31(1) |
War crime — denying a fair trial | | |
|
s. 268.32(1) |
War crime — unlawful deportation or transfer | | |
|
s. 268.33(1) |
War crime — unlawful confinement | | |
|
s. 268.34(1) |
War crime — taking hostages | | |
|
s. 268.35 |
War crime — attacking civilians | | |
|
s. 268.36 |
War crime — attacking civilian objects | | |
|
s. 268.37(1) or (2) |
War crime — attacking personnel or objects involved in a
humanitarian assistance or peacekeeping mission | | |
|
s. 268.38(1) |
War crime — excessive incidental death, injury or damage |
The offence does not cause death | |
|
s. 268.39 |
War crime — attacking undefended places | | |
|
s. 268.40(2) |
War crime — injuring a person who is hors de combat |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.41 |
War crime — improper use of a flag of truce |
The perpetrator’s conduct does not result in death | |
|
s. 268.42 |
War crime — improper use of a flag, insignia or uniform of the
adverse party |
The perpetrator’s conduct does not result in death | |
|
s. 268.43 |
War crime — improper use of a flag, insignia or uniform of the
United Nations |
The perpetrator’s conduct does not result in death | |
|
s. 268.44(1) |
War crime — improper use of the distinctive emblems of the Geneva
Conventions |
The perpetrator’s conduct does not result in death | |
|
s. 268.45 |
War crime — transfer of population | | |
|
s. 268.46(1) |
War crime — attacking protected objects | | |
|
s. 268.47(2) |
War crime — mutilation |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.48(2) |
War crime — medical or scientific experiments |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.49(2) |
War crime — treacherously injuring | | |
|
s. 268.50 |
War crime — denying quarter |
The offence does not cause death | |
|
s. 268.51(1) |
War crime — destroying or seizing the enemy’s property | | |
|
s. 268.52 |
War crime — depriving nationals of the adverse power of rights or
actions | | |
|
s. 268.53(1) |
War crime — compelling participation in military operations | | |
|
s. 268.54 |
War crime — pillaging | | |
|
s. 268.55 |
War crime — employing poison or poisoned weapons |
The offence does not cause death | |
|
s. 268.56 |
War crime — employing prohibited gases, liquids, materials or
devices |
The offence does not cause death | |
|
s. 268.57(1) |
War crime — employing prohibited bullets | | |
|
s. 268.58(1) or (2) |
War crime — outrages upon personal dignity | | |
|
s. 268.59(1) or (2) |
War crime — rape |
The victim is a person other than a child or a vulnerable person | |
|
s. 268.60(1) |
War crime — sexual slavery |
The victim is a person other than a child or a vulnerable person | |
|
s. 268.61(1) |
War crime — enforced prostitution |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.62(1) |
War crime — forced pregnancy | | |
|
s. 268.63(1) |
War crime — enforced sterilisation | | |
|
s. 268.64(1) |
War crime — sexual violence |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.65(1) |
War crime — using protected persons as shields |
The conduct does not result in the death of any of the persons referred to in
paragraph (a) of the provision | |
|
s. 268.66(1) or (2) |
War crime — attacking persons or objects using the distinctive
emblems of the Geneva Conventions | | |
|
s. 268.67(1) |
War crime — starvation as a method of warfare | | |
|
s. 268.68(1), (2), (3), (4), (5) or (6) |
War crime — using, conscripting or enlisting children | | |
|
s. 268.71(2) |
War crime — mutilation |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.72(1) |
War crime — cruel treatment | | |
|
s. 268.73(1) |
War crime — torture |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.74(1) |
War crime — outrages upon personal dignity | | |
|
s. 268.75(1) |
War crime — taking hostages | | |
|
s. 268.76(1) |
War crime — sentencing without due process | | |
|
s. 268.77 |
War crime — attacking civilians | | |
|
s. 268.78(1) or (2) |
War crime — attacking persons or objects using the distinctive
emblems of the Geneva Conventions | | |
|
s. 268.79(1) or (2) |
War crime — attacking personnel or objects involved in a
humanitarian assistance or peacekeeping mission | | |
|
s. 268.80(1) |
War crime — attacking protected objects | | |
|
s. 268.81 |
War crime — pillaging | | |
|
s. 268.82(1) or (2) |
War crime — rape |
The victim is a person other than a child or a vulnerable person | |
|
s. 268.83(1) |
War crime — sexual slavery |
The victim is a person other than a child or a vulnerable person | |
|
s. 268.84(1) |
War crime — enforced prostitution |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.85(1) |
War crime — forced pregnancy | | |
|
s. 268.86(1) |
War crime — enforced sterilisation | | |
|
s. 268.87(1) |
War crime — sexual violence |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.88(1), (2), (3), (4), (5) or (6) |
War crime — using, conscripting or enlisting children | | |
|
s. 268.89 |
War crime —displacing civilians | | |
|
s. 268.90(2) |
War crime — treacherously injuring | | |
|
s. 268.91 |
War crime — denying quarter |
The offence does not cause death | |
|
s. 268.92(2) |
War crime — mutilation |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.93(2) |
War crime — medical or scientific experiments |
Each victim is a person other than a child or a vulnerable person | |
|
s. 268.94(1) |
War crime — destroying or seizing an adversary’s property | |
|
|
s. 268.95 |
War crime — medical procedure | | |
|
s. 268.96(1) |
War crime — removal of blood, tissue or organs for transplantation | ||
|
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 does not result in death | |
|
s. 268.98 |
War crime — attacking undefended places or demilitarized zones |
The attack does not result in death | |
|
s. 268.99(1) |
War crime — unjustifiable delay in the repatriation of prisoners of
war or civilians | | |
|
s. 268.100 |
War crime — apartheid | | |
|
s. 268.101 |
War crime — attacking protected objects | | |
|
s. 270.3(1) or (2) |
Slavery offences |
The victim is a person other than a child or a vulnerable person | |
|
s. 270.5(1) |
Causing a person to enter into or remain in servitude |
The victim is a person other than a child or a vulnerable person | |
|
s. 270.5(2) |
Conducting a business involving servitude |
Each victim is a person other than 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 person other than a child or a vulnerable person | |
|
s. 270.6A(2) |
Conducting a business involving forced labour |
Each victim is a person other than a child or a vulnerable person | |
|
s. 270.7 |
Deceptive recruiting for labour or services |
The victim is a person other than a child or a vulnerable person | |
|
s. 270.7B(1) or (2) |
Forced marriage offences |
The victim is a person other than a child or a vulnerable person | |
|
s. 270.7C |
Debt bondage |
The victim is a person other than 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 person other than a child or a vulnerable person | |
|
s. 271.3(1) |
Trafficking in persons — aggravated offence |
The victim is a person other than a child or a vulnerable person | |
|
s. 271.5(1), (2), (2A) or (2B) |
Domestic trafficking in persons |
The victim is a person other than a child or a vulnerable person | |
|
s. 271.6(1) |
Domestic trafficking in persons — aggravated offence |
The victim is a person other than a child or a vulnerable person | |
|
s. 271.7B(1) or (2) |
Organ trafficking — entry into and exit from Australia |
The victim is a person other than a child or a vulnerable person | |
|
s. 271.7C(1) |
Organ trafficking — aggravated offence |
The victim is a person other than a child or a vulnerable person | |
|
s. 271.7D |
Domestic organ trafficking |
The victim is a person other than a child or a vulnerable person | |
|
s. 271.7E(1) |
Domestic organ trafficking — aggravated offence |
The victim is a person other than a child or a vulnerable person | |
|
s. 272.8(1) or (2) |
Sexual intercourse with child outside Australia |
The offence falls 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 falls within the ambit of regulation 8(3) | |
|
s. 273B.4(1) |
Failing to protect child at risk of child sexual abuse offence | | |
|
s. 274.2(1) or (2) |
Torture |
The victim is a person other than a child or a vulnerable person | |
|
s. 302.2(1) |
Trafficking commercial quantities of controlled drugs | | |
|
s. 303.4(1) |
Cultivating commercial quantities of controlled plants | | |
|
s. 304.1(1) |
Selling commercial quantities of controlled plants | | |
|
s. 305.3(1) |
Manufacturing commercial quantities of controlled drugs | | |
|
s. 305.4(1) |
Manufacturing marketable quantities of controlled drugs |
The commission of the offence exposes a child or a vulnerable person to the
manufacture of a controlled drug | |
|
s. 305.5(1) |
Manufacturing controlled drugs |
The commission of the offence exposes a child or a vulnerable person to the
manufacture of a controlled drug | |
|
s. 306.2(1) |
Pre‑trafficking commercial quantities of controlled precursors |
The commission of the offence exposes a child or a vulnerable person to a
controlled precursor intended to be used for the manufacture of a controlled
drug or the manufacture of a controlled precursor | |
|
s. 306.3(1) |
Pre‑trafficking marketable quantities of controlled precursors |
The commission of the offence exposes a child or a vulnerable person to a
controlled precursor intended to be used for the manufacture of a controlled
drug or the manufacture of a controlled precursor | |
|
s. 306.4(1) |
Pre‑trafficking controlled precursors |
The commission of the offence exposes a child or a vulnerable person to a
controlled precursor intended to be used for the manufacture of a controlled
drug or the manufacture of a controlled precursor | |
|
s. 307.1(1) |
Importing and exporting commercial quantities of border controlled drugs or
border controlled plants | | |
|
s. 307.11(1) |
Importing and exporting commercial quantities of border controlled precursors | ||
|
s. 308.3 |
Possessing plant material, equipment or instructions for commercial
cultivation of controlled plants |
The offender intends to sell, or believes another person intends to sell, any
of the plant or any of its products to a child or a vulnerable person | |
|
s. 308.4(1) |
Possessing substance, equipment or instructions for commercial manufacture of
controlled drugs |
The offender intends to sell, or believes another person intends to sell, any
of the drug to a child or a vulnerable person | |
|
s. 309.2(1) |
Supplying controlled drugs to children | | |
|
s. 309.3(1) |
Supplying marketable quantities of controlled drugs to children for
trafficking | | |
|
s. 309.4(1) |
Supplying controlled drugs to children for trafficking | | |
|
s. 309.7(1) |
Procuring children for trafficking marketable quantities of controlled drugs |
||
|
s. 309.8(1) |
Procuring children for trafficking controlled drug | | |
|
s. 309.10(1) |
Procuring children for pre‑trafficking marketable quantities of
controlled precursors | | |
|
s. 309.11(1) |
Procuring children for pre‑trafficking controlled precursors | | |
|
s. 309.12(1) |
Procuring children for importing or exporting marketable quantities of border
controlled drugs or border controlled plants | | |
|
s. 309.13(1) |
Procuring children for importing or exporting border controlled drugs or
border controlled plants | | |
|
s. 309.14(1) |
Procuring children for importing or exporting marketable quantities of border
controlled precursors | | |
|
s. 309.15(1) |
Procuring children for importing or exporting border controlled precursors | |
|
|
s. 310.2(1) |
Danger from exposure to unlawful manufacturing | | |
|
s. 310.3(1) |
Harm from exposure to unlawful manufacturing | | |
|
s. 474.17A(1) or (4) |
Aggravated offences involving private sexual material — using a
carriage service to menace, harass or cause offence |
At least 1 of the victims of the underlying offence is a child or a vulnerable
person | |
|
s. 474.22A(1) |
Possessing or controlling child abuse material obtained or accessed using a
carriage service |
The offence falls within the ambit of regulation 8(3) | |
|
s. 474.25A(1) |
Engaging in sexual activity with child using a carriage service |
The offence falls within the ambit of regulation 8(3) | |
|
s. 474.27A(1) |
Using a carriage service to transmit indecent communication to person under
16 years of age |
The offence falls within the ambit of regulation 8(3) | |
|
s. 480.4 |
Dishonestly obtaining or dealing in personal financial information |
The person to whom the information relates is a child or a vulnerable person |
|
|
Offences under the Crimes (Internationally Protected Persons) Act 1976
(Commonwealth) | |||
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Kidnap of an internationally protected person |
The victim is kidnapped, but not murdered, and the victim is a person other
than a child or a vulnerable person or The victim is kidnapped, but not murdered, and the victim is a child and the
offender is a family member of the child | ||
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Attacking an internationally protected person |
The attack causes grievous bodily harm, but not death, and the victim is a
person other than a child or a vulnerable person | ||