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 Sch. 1 item 3 amended by No. 3/2018 s. 23(12), repealed by No. 32/2018 s. 97(3), new Sch. 1 item 3 inserted by No. 8/2025 s. 11(1). 3.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); Sch. 1 item 6(e) amended by No. 3/2019 s. 19(3). (e) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b), (ba), (c) or (d). 7. An offence against any of the following provisions of the **Drugs, Poisons and Controlled Substances Act 1981** (as in force immediately before the commencement of the **Drugs, Poisons and Controlled Substances (Amendment) Act 2001**)— (a) section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence; (b) section 72(1) (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant; (c) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b). 8. An offence against section 302.2, 302.3, 303.4, 303.5, 304.1, 304.2, 305.3 or 305.4 of the Criminal Code of the Commonwealth in circumstances where the offence is committed in relation to a substance in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the **Drugs, Poisons and Controlled Substances Act 1981**) applicable to the drug of dependence as defined in that Act constituted by that substance. 9. An offence against section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth in circumstances where the offence is committed in relation to a substance in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the **Drugs, Poisons and Controlled Substances Act 1981**) applicable to the drug of dependence as defined in that Act constituted by that substance. 10. An offence under section 231(1), 233A or 233B(1) of the Customs Act 1901 of the Commonwealth (as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth) in circumstances where the offence is committed in relation to narcotic goods within the meaning of that Act in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the **Drugs, Poisons and Controlled Substances Act 1981**) applicable to the drug of dependence as defined in that Act constituted by those narcotic goods. 11. An offence against section 4B(1) or 21W of the **Terrorism (Community Protection) Act 2003**. 12. An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule. Sch. 1 item 13 inserted by No. 28/2023 s. 27. 13. Any other offence the necessary elements of which consist of elements that constitute an offence referred to in any other item of this Schedule. Sch. 2 (Heading) amended by No. 32/2018 s. 98(1). Sch. 2 inserted by No. 26/2017 s. 13.