Western Australian Current Regulations Western Australian Current Regulations[r. 5(1)]
[Heading inserted: SL 2023/101 r. 9.]
|
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 |
The victim is a child |
|
s. 71.4(1) |
Intentionally causing serious harm to a UN or associated person |
The victim is a child |
|
s. 71.8(1) |
Unlawful sexual penetration of a UN or associated person |
The victim is a child and regulation 5(3) does not apply to the offence |
|
s. 71.9(1) |
Kidnapping a UN or associated person |
The victim is a child and the offence is committed by a person other than a
relative of the child |
|
s. 72.3(1) |
Intentionally deliver, place, discharge or detonate a device |
The victim, or intended victim, is a child |
|
s. 101.1(1) |
Terrorist acts |
The offence causes serious physical harm to a child or causes a child’s
death |
|
s. 115.1(1) |
Murder of an Australian citizen or a resident of Australia |
The victim is a child |
|
s. 115.3(1) |
Intentionally causing serious harm to an Australian citizen or a resident of
Australia |
The victim is a child |
|
s. 268.3 |
Genocide by killing |
At least 1 of the victims is a child |
|
s. 268.4(1) |
Genocide by causing serious bodily or mental harm |
At least 1 of the victims is a child |
|
s. 268.5(1) |
Genocide by deliberately inflicting conditions of life calculated to bring
about physical destruction |
At least 1 of the victims is a child |
|
s. 268.6 |
Genocide by imposing measures intended to prevent births |
At least 1 of the victims is a child |
|
s. 268.7(1) |
Genocide by forcibly transferring children | |
|
s. 268.8 |
Crime against humanity — murder |
At least 1 of the victims is a child |
|
s. 268.9(1) |
Crime against humanity — extermination |
At least 1 of the victims is a child |
|
s. 268.13 |
Crime against humanity — torture |
At least 1 of the victims is a child |
|
s. 268.14(1) or (2) |
Crime against humanity — rape |
The victim is a child |
|
s. 268.15(1) |
Crime against humanity — sexual slavery |
The victim is a child |
|
s. 268.16(1) |
Crime against humanity — enforced prostitution |
At least 1 of the victims is a child |
|
s. 268.17(1) |
Crime against humanity — forced pregnancy |
At least 1 of the victims is a child |
|
s. 268.18(1) |
Crime against humanity — enforced sterilisation |
At least 1 of the victims is a child |
|
s. 268.19(1) |
Crime against humanity — sexual violence |
At least 1 of the victims is a child |
|
s. 268.23 |
Crime against humanity — other inhumane act |
At least 1 of the victims is a child |
|
s. 268.24(1) |
War crime — wilful killing |
At least 1 of the victims is a child |
|
s. 268.25(1) |
War crime — torture |
At least 1 of the victims is a child |
|
s. 268.47(1) |
War crime — mutilation causing death |
At least 1 of the victims is a child |
|
s. 268.47(2) |
War crime — mutilation |
At least 1 of the victims is a child |
|
s. 268.48(1) |
War crime — medical or scientific experiment causing death |
At least 1 of the victims is a child |
|
s. 268.48(2) |
War crime — medical or scientific experiments |
At least 1 of the victims is a child |
|
s. 268.49(1) |
War crime — treacherously killing |
At least 1 of the victims is a child |
|
s. 268.55 |
War crime — employing poison or poisoned weapons |
At least 1 of the victims is a child |
|
s. 268.56 |
War crime — employing prohibited gases, liquids, materials or
devices |
At least 1 of the victims is a child |
|
s. 268.59(1) or (2) |
War crime — rape |
The victim is a child |
|
s. 268.60(1) |
War crime — sexual slavery |
The victim is a child |
|
s. 268.61(1) |
War crime — enforced prostitution |
At least 1 of the victims is a child |
|
s. 268.62(1) |
War crime — forced pregnancy |
At least 1 of the victims is a child |
|
s. 268.63(1) |
War crime — enforced sterilisation |
At least 1 of the victims is a child |
|
s. 268.64(1) |
War crime — sexual violence |
At least 1 of the victims is a child |
|
s. 268.70(1) |
War crime — murder |
At least 1 of the victims is a child |
|
s. 268.71(1) |
War crime — mutilation causing death |
At least 1 of the victims is a child |
|
s. 268.71(2) |
War crime — mutilation |
At least 1 of the victims is a child |
|
s. 268.73(1) |
War crime — torture |
At least 1 of the victims is a child |
|
s. 268.76(2) |
War crime — execution without due process |
At least 1 of the victims is a child |
|
s. 268.82(1) or (2) |
War crime — rape |
The victim is a child |
|
s. 268.83(1) |
War crime — sexual slavery |
The victim is a child |
|
s. 268.84(1) |
War crime — enforced prostitution |
At least 1 of the victims is a child |
|
s. 268.85(1) |
War crime — forced pregnancy |
At least 1 of the victims is a child |
|
s. 268.86(1) |
War crime — enforced sterilisation |
At least 1 of the victims is a child |
|
s. 268.87(1) |
War crime — sexual violence |
At least 1 of the victims is a child |
|
s. 268.90(1) |
War crime — treacherously killing |
At least 1 of the victims is a child |
|
s. 268.92(1) |
War crime — mutilation causing death |
At least 1 of the victims is a child |
|
s. 268.92(2) |
War crime — mutilation |
At least 1 of the victims is a child |
|
s. 268.93(1) |
War crime — medical or scientific experiment causing death |
At least 1 of the victims is a child |
|
s. 268.93(2) |
War crime — medical or scientific experiments |
At least 1 of the victims is a child |
|
s. 268.96(1) |
War crime — removal of blood, tissue or organs for transplantation |
At least 1 of the victims is a child |
|
s. 271.4(1) or (2) |
Trafficking in children | |
|
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 |
|
s. 271.7C(1) |
Organ trafficking — aggravated offence |
The victim is a child |
|
s. 271.7D |
Domestic organ trafficking |
The victim is a child |
|
s. 271.7E(1) |
Domestic organ trafficking — aggravated offence |
The victim is a child |
|
s. 272.8(1) |
Sexual intercourse with child outside Australia |
Regulation 5(3) does not apply to the offence |
|
s. 272.8(2) |
Causing child to engage in sexual intercourse in presence of offender outside
Australia |
Regulation 5(3) does not apply to the offence |
|
s. 272.9(1) or (2) |
Sexual activity (other than sexual intercourse) with child outside Australia |
Regulation 5(3) does not apply to the offence |
|
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 |
Regulation 5(3) does not apply to the offence |
|
s. 272.12(1) or (2) |
Sexual intercourse with young person outside Australia — offender
in position of trust or authority | |
|
s. 272.13(1) or (2) |
Sexual activity (other than sexual intercourse) with young person outside
Australia — offender in position of trust or authority | |
|
s. 272.14(1) |
Procuring child to engage in sexual activity outside Australia |
Regulation 5(3) does not apply to the offence |
|
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) |
Benefiting from offence against Division 272 | |
|
s. 272.19(1) |
Encouraging offence against Division 272 | |
|
s. 272.20(1) or (2) |
Preparing for or planning offence against Division 272 | |
|
s. 273.5 (repealed) |
Possessing, controlling, producing, distributing or obtaining child
pornography material 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 dolls etc | |
|
s. 274.2(1) or (2) |
Torture |
The victim is a child |
|
s. 471.16(1) or (2) (repealed) |
Using a postal or similar service for child pornography material | |
|
s. 471.17 (repealed) |
Possessing, controlling, producing, supplying or obtaining child pornography
material for use through a postal or similar service | |
|
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 children under 16 | |
|
s. 471.25(1), (2) or (3) |
Using a postal or similar service to “groom” children 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 children under 16 | |
|
s. 471.26(1) |
Using a postal or similar service to send indecent material to child
under 16 |
Regulation 5(3) does not apply to the offence |
|
s. 474.19 (repealed) |
Using a carriage service for child pornography material | |
|
s. 474.20 (repealed) |
Possessing, controlling, producing, supplying or obtaining child pornography
material for use through a carriage service | |
|
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 |
Regulation 5(3) does not apply to the offence |
|
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 under 16 using a carriage service |
Regulation 5(3) does not apply to the offence |
|
s. 474.25A(2) |
Causing child under 16 to engage in sexual activity using a carriage service |
|
|
s. 474.25B(1) |
Aggravated offence — using a carriage service for sexual activity
with child under 16 | |
|
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, children under 16 | |
|
s. 474.26(1), (2) or (3) |
Using a carriage service to procure children under 16 | |
|
s. 474.27(1), (2) or (3) |
Using a carriage service to “groom” children under 16 | |
|
s. 474.27AA(1), (2) or (3) |
Using a carriage service to “groom” another person to make it
easier to procure children under 16 | |
|
s. 474.27A(1) |
Using a carriage service to transmit indecent communication to child under 16 |
Regulation 5(3) does not apply to the offence |
|
Offences under the Crimes Act 1914 (Commonwealth) | ||
|
s. 50BA (repealed) |
Sexual intercourse with child under 16 |
Regulation 5(3) does not apply to the offence |
|
s. 50BB (repealed) |
Inducing child under 16 to engage in sexual intercourse |
Regulation 5(3) does not apply to the offence |
|
s. 50BC (repealed) |
Sexual conduct involving child under 16 |
Regulation 5(3) does not apply to the offence |
|
s. 50BD (repealed) |
Inducing child under 16 to be involved in sexual conduct |
Regulation 5(3) does not apply to the offence |
|
s. 50DA (repealed) |
Benefiting from offence against Part IIIA | |
|
s. 50DB (repealed) |
Encouraging offence against Part IIIA | |
|
Offences under the Crimes (Internationally Protected Persons) Act 1976
(Commonwealth) | ||
|
Murder of an internationally protected person |
The victim is a child | |
|
Kidnapping of an internationally protected person |
The victim is a child and the offence is committed by a person other than a
relative of the child | |
|
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 pornography or child abuse
material |
[Schedule 2 inserted: SL 2023/101
r. 9.]