Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SCHEDULE 1

SCHEDULE 1 – Prescribed offences

1 An offence against any of the following provisions of the Classification of Computer Games and Images Act 1995 —

� � section 26 (3) (Possession of objectionable computer game)

� � section 27 (3) or (4) (Making objectionable computer game)

� � section 28 (Obtaining minor for objectionable computer game).

2 An offence against any of the following provisions of the Classification of Films Act 1991 —

� � section 41 (3) (Possession of objectionable film)

� � section 42 (3) or (4) (Making objectionable film)

• section 43 (Procurement of minor for objectionable film).

3 An offence against any of the following provisions of the Classification of Publications Act 1991 —

� � section 12 (Sale etc. of prohibited publication), if the offence involves a child abuse publication

• section 13 (Possession of prohibited publication), if the offence involves a child abuse publication

� � section 14 (Possession of child abuse publication)

� � section 15 (Exhibition or display of prohibited publication), if the offence involves a child abuse publication

� � section 16 (Leaving prohibited publication in or on public place), if the offence involves a child abuse publication

� � section 17 (1) or (2) (Producing prohibited publication), if the offence involves a child abuse publication

� � section 17 (3) or (4) (Producing prohibited publication)

� � section 18 (Procurement of minor for RC publication), if the offence involves a child abuse publication

� � section 20 (Leaving prohibited publication in or on private premises), if the offence involves a child abuse publication.

4 An offence against any of the following provisions of the Criminal Code —

• section 210 (Indecent treatment of children under 16)

• section 213 (Owner etc. permitting abuse of children on premises)

• section 215 (Engaging in penile intercourse with child under 16)

• section 218A (Using internet etc. to procure children under 16)

• section 218B (Grooming child under 16 years or parent or carer of child under 16 years)

• section 219 (Taking child for immoral purposes)

• section 228A (Involving child in making child exploitation material)

• section 228B (Making child exploitation material)

• section 228C (Distributing child exploitation material)

• section 228D (Possessing child exploitation material)

• section 228DA (Administering child exploitation material website)

• section 228DB (Encouraging use of child exploitation material website)

• section 228DC (Distributing information about avoiding detection)

• section 228I (Producing or supplying child abuse object)

• section 228J (Possessing child abuse object)

• section 229B (Repeated sexual conduct with a child).

5 An offence against either of the following provisions of the Criminal Code , as in force from time to time before being repealed by The Criminal Code, Evidence Act and Other Acts Amendment Act 1989 —

• section 212 (Defilement of Girls under Twelve)

• section 214 (Attempt to Abuse Girls under Ten).

6 An offence against any of the following provisions of the Criminal Code (Cwlth) —

• section 271.4 (Offence of trafficking in children)

• section 271.7 (Offence of domestic trafficking in children)

• section 272.8 (Sexual intercourse with child outside Australia)

• section 272.9 (Sexual activity (other than sexual intercourse) with child outside Australia)

• section 272.10 (Aggravated offence—child with mental impairment or under care, supervision or authority of defendant)

• section 272.11 (Persistent sexual abuse of child outside Australia)

• section 272.12 (Sexual intercourse with young person outside Australia—defendant in position of trust or authority)

• section 272.13 (Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority)

• section 272.14 (Procuring child to engage in sexual activity outside Australia)

• section 272.15 (“Grooming” child to engage in sexual activity outside Australia)

• section 272.15A (“Grooming” person to make it easier to engage in sexual activity with a child outside Australia)

• section 272.18 (Benefiting from offence against this Division)

• section 272.19 (Encouraging offence against this Division)

• section 272.20 (Preparing for or planning offence against this Division)

• section 273.5 (Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia)

• section 273.6 (Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia)

• section 273.7 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

• section 273A.1 (Possession of child-like sex dolls etc.)

• section 471.16 (Using a postal or similar service for child pornography material)

• section 471.17 (Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service)

• section 471.19 (Using a postal or similar service for child abuse material)

• section 471.20 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service)

• section 471.22 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

• section 471.24 (Using a postal or similar service to procure persons under 16)

• section 471.25 (Using a postal or similar service to “groom” persons under 16)

• section 471.25A (Using a postal or similar service to “groom” another person to make it easier to procure persons under 16)

• section 471.26 (Using a postal or similar service to send indecent material to person under 16)

• section 474.19 (Using a carriage service for child pornography material)

• section 474.20 (Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service)

• section 474.22 (Using a carriage service for child abuse material)

• section 474.22A (Possessing or controlling child abuse material obtained or accessed using a carriage service)

• section 474.23 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service)

• section 474.23A (Conduct for the purposes of electronic service used for child abuse material)

• section 474.24A (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

• section 474.25A (Using a carriage service for sexual activity with person under 16 years of age)

• section 474.25B (Aggravated offence—child with mental impairment or under care, supervision or authority of defendant)

• section 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)

• section 474.26 (Using a carriage service to procure persons under 16 years of age)

• section 474.27 (Using a carriage service to “groom” persons under 16 years of age)

• section 474.27AA (Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age)

• section 474.27A (Using a carriage service to transmit indecent communication to person under 16 years of age).

7 An offence against any of the following provisions of the Crimes Act 1914 (Cwlth) , as in force from time to time before being repealed by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) —

• section 50BA (Sexual intercourse with child under 16)

• section 50BB (Inducing child under 16 to engage in sexual intercourse)

• section 50BC (Sexual conduct involving child under 16)

• section 50BD (Inducing child under 16 to be involved in sexual conduct)

• section 50DA (Benefiting from offence against this Part)

• section 50DB (Encouraging offence against this Part).

8 An offence against the Customs Act 1901 (Cwlth) , section 233BAB (Special offence relating to tier 2 goods) that involves child pornography or child abuse material.

9 Any of the following offences—

(a) an offence against any of the following provisions of the Criminal Code —

• section 216 (Abuse of persons with an impairment of the mind)

• section 217 (Procuring young person etc. for penile intercourse)

• section 218 (Procuring sexual acts by coercion etc.)

• section 221 (Conspiracy to defile)

• section 222 (Incest)

• section 228 (Obscene publications and exhibitions)

• section 229G (Procuring engagement in prostitution)

• section 229H (Knowingly participating in provision of prostitution)

• section 229I (Persons found in places reasonably suspected of being used for prostitution etc.)

• section 229L (Permitting young person etc. to be at place used for prostitution)

• section 300 (Unlawful homicide) in circumstances that amount to murder

• section 349 (Rape)

• section 350 (Attempt to commit rape)

• section 351 (Assault with intent to commit rape)

• section 352 (Sexual assaults);

(b) an offence against the Criminal Code , section 220 (Unlawful Detention with Intent to Defile or in a Brothel), as in force from time to time before being repealed by The Criminal Code, Evidence Act and Other Acts Amendment Act 1989 ;

(c) an offence against either of the following provisions of the Criminal Code , as in force from time to time before being repealed by the Criminal Law Amendment Act 1997 —

• section 223 (Incest by adult female)

• section 344 (Aggravated assaults), if the offence was of a sexual nature as defined by the Criminal Law Amendment Act 1945 , section 2A ;

(d) an offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being amended by the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 —

• section 270.6 (Sexual servitude offences)

• section 270.7 (Deceptive recruiting for sexual services);

(e) an offence against the Criminal Code , section 337 (Sexual assaults), as in force from time to time before being repealed by the Criminal Law Amendment Act 2000 ;

(f) an offence under a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence of a kind listed in this schedule;

(g) an offence under a law of a foreign jurisdiction that is stated in a regulation to be a prescribed offence;

(h) an offence that has, as an element, an intention to commit an offence of a kind listed in this schedule;

(i) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this schedule.

10 An offence that, at the time it was committed, was a class 1 offence or a class 2 offence within the meaning of this Act as in force immediately before the commencement of the Child Protection (Offender Reporting) and Other Legislation Amendment Act 2014.