Sch 2Schedule 2 offences

Schedule 2—Schedule 2 offences Note to Sch. 2 inserted by No. 32/2018 s. 98(2), substituted as Notes by No. 34/2025 s. 11. 1 Section 4AA(2) and (3) set out whether a person who is accused of an offence in this Schedule will be subject to the step 1—exceptional circumstances test or the step 1—show compelling reason test. 2 However, each of those tests also applies in other circumstances. See section 4AA(1), (4) and (4A). Sch. 2 item 1 repealed by No. 28/2023 s. 8(a). 2. Manslaughter. 3. Child homicide. Sch. 2 item 3A inserted by No. 16/2020 s. 10. 3A. Homicide by firearm. 4. An offence against section 15A(1) of the **Crimes Act 1958** (causing serious injury intentionally in circumstances of gross violence). 5. An offence against section 15B(1) of the **Crimes Act 1958** (causing serious injury recklessly in circumstances of gross violence). 6. An offence against section 16 of the **Crimes Act 1958** (causing serious injury intentionally). 7. An offence against section 20 of the **Crimes Act 1958** (threats to kill) that is also a family violence offence. 8. An offence against section 21A(1) of the **Crimes Act 1958** (stalking) and— (a) the accused has within the preceding 10 years been convicted or found guilty of an offence against that section in relation to any person or an offence in the course of committing which the accused used or threatened to use violence against any person; or (b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person whom the accused is alleged to have stalked, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence. Sch. 2 item 8A inserted by No. 8/2025 s. 12(1). 8A. An offence against section 29(1) of the **Crimes Act 1958** (using firearm to resist arrest etc.). 9. An offence against section 38(1) of the **Crimes Act 1958** (rape). 10. An offence against section 39(1) of the **Crimes Act 1958** (rape by compelling sexual penetration). 11. An offence against section 42(1) of the **Crimes Act 1958** (assault with intent to commit a sexual offence). 12. An offence against section 47(1) of the **Crimes Act 1958** (abduction or detention for a sexual purpose). 13. An offence against section 49A(1) of the **Crimes Act 1958** (sexual penetration of a child under the age of 12). 14. An offence against section 49B(1) of the **Crimes Act 1958** (sexual penetration of a child under the age of 16) in circumstances other than where at the time of the alleged offence the child was 12 years of age or more and the accused was not more than 2 years older than the child. 15. An offence against section 49J(1) of the **Crimes Act 1958** (persistent sexual abuse of a child under the age of 16). 16. An offence against section 49P(1) of the **Crimes Act 1958** (abduction or detention of a child under the age of 16 for a sexual purpose). 17. An offence against any of the following provisions of Subdivision (8C) of Division 1 of Part I of the **Crimes Act 1958** (incest) in circumstances other than where both people are aged 18 or older— (a) section 50C(1) (sexual penetration of a child or lineal descendant); (b) section 50D(1) (sexual penetration of a step‑child); (c) section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent); (d) section 50F(1) (sexual penetration of a sibling or half-sibling). 18. An offence against section 37, 37A, 123 or 123A of the **Family Violence Protection Act 2008** of contravening a family violence intervention order or family violence safety notice (as the case requires) in the course of committing which the accused is alleged to have used or threatened to use violence and— (a) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or (b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order or notice, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence. 19. An offence against section 125A(1) of the **Family Violence Protection Act 2008** (persistent contravention of notices and orders). 20. An offence against section 100 of the **Personal Safety Intervention Orders Act 2010** of contravening an order in the course of committing which the accused is alleged to have used or threatened to use violence and— (a) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or (b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence. 21. An offence against section 63A of the **Crimes Act 1958** (kidnapping). Sch. 2 item 21A inserted by No. 8/2025 s. 12(2). 21A. An offence against section 74(1) of the **Crimes Act 1958** (theft) in circumstances where— (a) the offence is committed in relation to a motor vehicle; and (b) the accused is also accused of an offence against— (i) section 22 of the **Crimes Act 1958** (conduct endangering life); or (ii) section 23 of the **Crimes Act 1958** (conduct endangering persons); or (iii) section 64A(1) of the **Road Safety Act 1986** (driving a motor vehicle when directed to stop); and (c) the conduct that is alleged to constitute the offence referred to in paragraph (b) is alleged to involve the accused using the motor vehicle referred to in paragraph (a). Sch. 2 item 21B inserted by No. 8/2025 s. 12(2). 21B. An offence against section 74(1) of the **Crimes Act 1958** (theft) in circumstances where— (a) the offence is committed in relation to a motor vehicle; and (b) the accused is also— (i) accused of an offence against section 5AA of the **Control of Weapons Act 1990** in circumstances where it is alleged that the offence was committed by possessing a prohibited weapon; or (ii) accused of an offence against section 6(1) of the **Control of Weapons Act 1990** in circumstances where it is alleged that the offence was committed by possessing a controlled weapon; and (c) the accused is alleged to have possessed the prohibited weapon or controlled weapon in the course of stealing (within the meaning of section 72 of the **Crimes Act 1958**) the motor vehicle referred to in paragraph (a). 22. An offence against any of the following provisions of the **Crimes Act 1958**— Sch. 2 item 22(aa) inserted by No. 3/2019 s. 6(1). (aa) section 31C (discharging a firearm reckless to safety of a police officer or a protective services officer) in circumstances where the offender's conduct is alleged to have created a risk to the physical safety of the victim or to any member of the public; Sch. 2 item 22(aab) inserted by No. 8/2025 s. 12(3). (aab) section 74AA (theft of firearm); Sch. 2 item 22(a)–(c) repealed by No. 8/2025 s. 12(4). Sch. 2 item 22(d) substituted by No. 8/2025 s. 12(5), amended by No. 34/2025 s. 21(1). (d) section 197(2) (destroying or damaging property) if the offence is charged as arson. Note to Sch. 2 item 22(d) substituted by No. 34/2025 s. 21(2). See section 197(6) of the **Crimes Act 1958**. (e) section 197A (arson causing death); Sch. 2 item 22(ea) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22. (ea) section 317AC (intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving); Sch. 2 item 22(eb) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22. (eb) section 317AD (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving); Sch. 2 item 22(ec) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22. (ec) section 317AE (recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving); Sch. 2 item 22(ed) inserted by No. 65/2017 s. 21, amended by No. 65/2017 s. 22. (ed) section 317AF (aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving); Sch. 2 item 22(ee) inserted by No. 65/2017 s. 21. (ee) section 317AG (damaging an emergency service vehicle); (f) section 318(1) (culpable driving causing death); (g) section 319(1) or (1A) (dangerous driving causing death or serious injury); (h) section 319AA(1) (dangerous or negligent driving while pursued by police). Sch. 2 item 23 amended by No. 8/2025 s. 12(6). 23. Any indictable offence in the course of committing which the accused, or any person involved in the commission of the offence, is alleged to have used or threatened to use— Sch. 2 item 23(a) inserted by No. 8/2025 s. 12(6). (a) a firearm, offensive weapon, or explosive as defined by section 77(1A) of the **Crimes Act 1958**; or Sch. 2 item 23(b) inserted by No. 8/2025 s. 12(6). (b) a controlled weapon or prohibited weapon as defined by section 3 of the **Control of Weapons Act 1990**. Sch. 2 item 23A inserted by No. 3/2019 s. 6(2). 23A. An offence of common assault that is alleged to have been committed in the circumstances referred to in section 320A(1) or (2) of the **Crimes Act 1958** and it is alleged that the assault consisted of or included the direct application of force within the meaning of the definition of ***assault*** in section 31(2) of that Act. 24. An offence against any of the following provisions of the **Drugs, Poisons and Controlled Substances Act 1981**— (a) section 71AB (trafficking in a drug or drugs of dependence to a child); (b) section 71AC (trafficking in a drug of dependence); (c) section 72B (cultivation of narcotic plants); (d) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c). 25. 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); (b) section 72(1) (cultivation of narcotic plants); (c) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b). 26. An offence against section 302.2, 302.3, 303.4, 303.5, 304.1, 304.2, 305.3, 305.4, 306.2, 307.1, 307.2, 307.5, 307.6, 307.8, 307.9, 307.11, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14 or 309.15 of the Criminal Code of the Commonwealth. 27. 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 a commercial or trafficable quantity of narcotic goods within the meaning of that Act. Sch. 2 item 28 amended by No. 27/2018 s. 352. 28. An indictable offence that is alleged to have been committed while the accused is the subject of a supervision order, or interim supervision order, within the meaning of the **Serious Offenders Act 2018**. Sch. 2 item 29 amended by No. 27/2018 s. 352. 29. An indictable offence, and the accused, at any time during the proceeding with respect to bail, is the subject of a supervision order, or interim supervision order, within the meaning of the **Serious Offenders Act 2018**. Sch. 2 item 30 repealed by No. 28/2023 s. 8(b), new Sch. 2 item 30 inserted by No. 8/2025 s. 12(7). 30. An offence against section 5(1) of the **Firearms Act 1996** (prohibited person possessing, carrying or using a firearm). Sch. 2 item 30A inserted by No. 8/2025 s. 12(7). 30A. An offence against section 5(2) of the **Firearms Act 1996** (prohibited person possessing, carrying or using a silencer or any other prescribed item) in circumstances where the offence is committed in relation to a silencer. Sch. 2 item 30B inserted by No. 8/2025 s. 12(7). 30B. An offence against section 7C(1) of the **Firearms Act 1996** (possession of a traffickable quantity of firearms). Sch. 2 item 30C inserted by No. 8/2025 s. 12(7). 30C. An offence against section 112B of the **Firearms Act 1996** (acquiring, possessing, carrying or using a firearm or firearm related item in contravention of a firearm prohibition order). Sch. 2 item 30D inserted by No. 8/2025 s. 12(7). 30D. An offence against section 130(1) of the **Firearms Act 1996** (possessing a loaded firearm in certain places) in circumstances where the offence is committed in a public place. Sch. 2 item 30E inserted by No. 8/2025 s. 12(7). 30E. An offence against section 130(1B) of the **Firearms Act 1996** (using a firearm in certain places) in circumstances where the offence is committed in a public place. Sch. 2 item 30F inserted by No. 8/2025 s. 12(7). 30F. An offence against section 131A(1) of the **Firearms Act 1996** (discharging a firearm at a vehicle, vessel, aircraft or premises). Sch. 2 item 30G inserted by No. 8/2025 s. 12(7). 30G. An offence against section 131A(2) of the **Firearms Act 1996** (discharging a firearm at a vehicle, vessel, aircraft or premises while carrying out a serious indictable offence). 31. 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. 2 item 32 inserted by No. 28/2023 s. 28. 32. 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. 3 inserted by No. 28/2023 s. 11, amended by Nos 8/2025 s. 13, 11/2025 s. 40.