Sch 1Schedule 1 offences

Schedule 1—Schedule 1 offences

Notes to Sch. 1 inserted by No. 32/2018 s. 97(2), substituted by No. 28/2023 s. 24.

1 Section 4AA(1) sets out when a person who is accused of an offence in this Schedule will be subject to the step 1—exceptional circumstances test.

2 However, the step 1—exceptional circumstances test also applies in other circumstances. See section 4AA(2).

1. Treason.

2. Murder.

Sch. 1 item 3 amended by No. 3/2018 s. 23(12), repealed by No. 32/2018 s. 97(3), new Sch. 1 item 3 inserted by No. 8/2025 s. 11(1).

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

Sch. 1 item 3A inserted by No. 8/2025 s. 11(1).

3A. An offence against section 77 of the Crimes Act 1958 (aggravated burglary).

Sch. 1 item 3B inserted by No. 8/2025 s. 11(1).

3B. An offence against section 77A of the Crimes Act 1958 (home invasion).

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

Sch. 1 item 4A inserted by No. 8/2025 s. 11(2).

4A. An offence against section 79 of the Crimes Act 1958 (carjacking).

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

6. 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);

Sch. 1 item 6(b) amended by No. 3/2019 s. 19(1).

(b) section 71AA(1) (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);

Sch. 1 item 6(ba) inserted by No. 3/2019 s. 19(2).

(ba) section 71AA(2) (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 for the benefit of or at the direction of a criminal organisation);

(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);