Sch 1Class 1 and 2 offences

Schedule 1—Class 1 and 2 offences (1) In this Schedule— sexual offence means any of the following offences committed against a child: (a) an offence against section 48 of the Criminal Law Consolidation Act 1935 (rape); or (ab) an offence against section 48A of the Criminal Law Consolidation Act 1935 (compelled sexual manipulation); or (b) an offence against section 49 of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse); or (ba) an offence against section 51 of the Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment); or (c) an offence against section 56 of the Criminal Law Consolidation Act 1935 (indecent assault). (2) For the purposes of this Schedule, an offence occurred in prescribed circumstances if— (a) the victim consented to the conduct constituting the offence; and (b) either— (i) the offender was, at the time of the offence, 18 years of age and the victim was not less than 15 years of age; or (ii) the offender was, at the time of the offence, 19 years of age and the victim was not less than 16 years of age. (3) A description of an offence appearing in brackets in this Schedule is for convenience of reference only. Part 2—Class 1 offences 2—Class 1 offences The following are class 1 offences: (a) an offence against section 11 of the Criminal Law Consolidation Act 1935 (murder) if— (b) an offence against section 29(1) of the Criminal Law Consolidation Act 1935 (endangering the life of a person) if— (i) the person whose life was likely to be endangered was a child; and (c) an offence against section 39 of the Criminal Law Consolidation Act 1935 (kidnapping) if the person was sentenced on the basis that the kidnapping was done with the intention of committing a sexual offence against a child; (d) an offence against section 48 of the Criminal Law Consolidation Act 1935 (rape) if the victim was a child; (da) an offence against section 48A of the Criminal Law Consolidation Act 1935 (compelled sexual manipulation) if the victim was a child; (e) an offence against section 49(1), (3) or (5) of the Criminal Law Consolidation Act 1935 (offences relating to unlawful sexual intercourse) other than an offence that occurred in prescribed circumstances; (eaa) an offence against section 49(6) of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability) if the victim was a child other than an offence that occurred in prescribed circumstances; (ea) an offence against section 50 of the Criminal Law Consolidation Act 1935 (sexual abuse of a child); (eab) an offence of persistent sexual exploitation of a child (see section 50 of the Criminal Law Consolidation Act 1935 as in force before the commencement of Part 4 of the Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017); (eb) an offence of persistent sexual abuse of a child (see section 74 of the Criminal Law Consolidation Act 1935, as in force before the commencement of the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008) other than an offence that occurred in prescribed circumstances; (ec) an offence against section 51 of the Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment) involving sexual intercourse if the victim was a child; (f) an offence against section 59 of the Criminal Law Consolidation Act 1935 (abduction) if the victim was a child; (g) an offence against section 66(1) of the Criminal Law Consolidation Act 1935 (inflicting sexual servitude) if the victim was a child; (h) an offence against section 66(2) of the Criminal Law Consolidation Act 1935 (unduly influencing a person to perform commercial sexual acts) if the victim was a child; (i) an offence against section 68(1) of the Criminal Law Consolidation Act 1935 (use of a child to perform commercial sexual acts); (k) an offence resulting in the person being sentenced under section 53(1)(c) of the Sentencing Act 2017 as in force before the commencement of the Sentencing (Serious Repeat Offenders) Amendment Act 2020; (ka) an offence resulting in the person being sentenced as a serious repeat offender under section 53(1)(b) of the Sentencing Act 2017 if, in at least 2 of the relevant serious sexual offences, the victim was a child; (l) an indictable offence committed against a child that results in the person being sentenced under section 57 of the Sentencing Act 2017; (m) a conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs; (n) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs; (na) an offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs; (o) an offence against a law previously in force in this State that corresponds to an offence referred to in any of the preceding paragraphs; (p) an offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs; (q) an offence against section 270.6 of the Criminal Code of the Commonwealth as in force before the commencement of the Crimes Legislation Amendment (Slavery, Slavery‑like Conditions and People Trafficking) Act 2013 of the Commonwealth; (r) an offence against section 272.8 of the Criminal Code of the Commonwealth; (s) an offence against section 272.10 of the Criminal Code of the Commonwealth; (t) an offence against section 272.11 of the Criminal Code of the Commonwealth; (u) an offence against section 272.12 of the Criminal Code of the Commonwealth; (v) an offence against section 272.13 of the Criminal Code of the Commonwealth; (w) an offence against section 272.14 of the Criminal Code of the Commonwealth; (x) an offence against section 272.15 of the Criminal Code of the Commonwealth; (y) an offence against section 272.18 of the Criminal Code of the Commonwealth; (z) an offence against section 272.19 of the Criminal Code of the Commonwealth; (za) an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z). Part 3—Class 2 offences 3—Class 2 offences The following are class 2 offences: (a) an offence against section 13 of the Criminal Law Consolidation Act 1935 (manslaughter) if— (ab) an offence against section 23 of the Criminal Law Consolidation Act 1935 (causing serious harm) if— (b) an offence against section 29(2) of the Criminal Law Consolidation Act 1935 (creating risk of serious harm to a person) if— (i) the person who was likely to suffer serious harm was a child; and (ba) an offence against section 51 of the Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment) involving indecent contact if the victim was a child; (c) an offence against section 56 of the Criminal Law Consolidation Act 1935 (indecent assault) if the victim was a child other than an offence that occurred in prescribed circumstances; (d) an offence against section 58 of the Criminal Law Consolidation Act 1935 (gross indecency) other than an offence that occurred in prescribed circumstances; (e) an offence against section 60 of the Criminal Law Consolidation Act 1935 (procuring sexual intercourse) if the person procured to have sexual intercourse was a child; (f) an offence against section 63 of the Criminal Law Consolidation Act 1935 (production or dissemination of child exploitation material); (fa) an offence against section 63AA of the Criminal Law Consolidation Act 1935 (production or dissemination of child‑like sex dolls); (g) an offence against section 63A of the Criminal Law Consolidation Act 1935 (possession of child exploitation material); (gaa) an offence against section 63AAB of the Criminal Law Consolidation Act 1935 (possession of child‑like sex dolls); (ga) an offence against section 63AB(1), (5) or (7) of the Criminal Law Consolidation Act 1935 (Offences relating to websites); (h) an offence against section 63B(1) or (3) of the Criminal Law Consolidation Act 1935 (procuring child to commit an indecent act etc); (i) an offence against section 67 of the Criminal Law Consolidation Act 1935 (deceptive recruiting for commercial sexual acts) if the victim is a child; (j) an offence against section 68(2) or (3) of the Criminal Law Consolidation Act 1935 (use of children to perform commercial sexual acts); (k) an offence against section 72 of the Criminal Law Consolidation Act 1935 (incest) if the person with whom the offender had sexual intercourse was under the age of 17 years; (ka) an offence against section 139A of the Criminal Law Consolidation Act 1935 (dishonest communication with children) if the person was sentenced on the basis that the communication was made with the intention of committing a sexual offence against a child; (kb) an offence against section 26D of the Summary Offences Act 1953 (indecent filming) if the person filmed was a child; (l) a conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs; (m) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs; (ma) an offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs; (n) an offence against a law previously in force in this State that corresponds to an offence referred to in any of the preceding paragraphs; (o) an offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs; (q) an offence against section 270.7 of the Criminal Code of the Commonwealth if the victim was a child; (r) an offence against section 271.4 of the Criminal Code of the Commonwealth; (s) an offence against section 271.7 of the Criminal Code of the Commonwealth; (sa) an offence against section 272.9 of the Criminal Code of the Commonwealth; (sab) an offence against section 272.15A of the Criminal Code of the Commonwealth; (sb) an offence against section 272.20 of the Criminal Code of the Commonwealth; (sba) an offence against section 273.5 of the Criminal Code of the Commonwealth; (sbb) an offence against section 273.6 of the Criminal Code of the Commonwealth; (sbc) an offence against section 273.7 of the Criminal Code of the Commonwealth; (sbd) an offence against section 273A.1 of the Criminal Code of the Commonwealth; (sc) an offence against section 471.16 of the Criminal Code of the Commonwealth; (sd) an offence against section 471.17 of the Criminal Code of the Commonwealth; (se) an offence against section 471.19 of the Criminal Code of the Commonwealth; (sf) an offence against section 471.20 of the Criminal Code of the Commonwealth; (sg) an offence against section 471.22 of the Criminal Code of the Commonwealth; (sh) an offence against section 471.24 of the Criminal Code of the Commonwealth; (si) an offence against section 471.25 of the Criminal Code of the Commonwealth; (sia) an offence against section 471.25A of the Criminal Code of the Commonwealth; (sj) an offence against section 471.26 of the Criminal Code of the Commonwealth; (t) an offence against section 474.19 of the Criminal Code of the Commonwealth; (u) an offence against section 474.20 of the Criminal Code of the Commonwealth; (v) an offence against section 474.22 of the Criminal Code of the Commonwealth; (va) an offence against section 474.22A of the Criminal Code of the Commonwealth; (w) an offence against section 474.23 of the Criminal Code of the Commonwealth; (waa) an offence against section 474.23A of the Criminal Code of the Commonwealth; (wa) an offence against section 474.24A of the Criminal Code of the Commonwealth; (wb) an offence against section 474.25A of the Criminal Code of the Commonwealth; (wc) an offence against section 474.25B of the Criminal Code of the Commonwealth; (wd) an offence against section 474.25C of the Criminal Code of the Commonwealth if the person was sentenced on the basis that the act was done with the intention of committing a sexual offence against a child; (x) an offence against section 474.26 of the Criminal Code of the Commonwealth; (y) an offence against section 474.27 of the Criminal Code of the Commonwealth; (ya) an offence against section 474.27AA of the Criminal Code of the Commonwealth; (z) an offence against section 474.27A of the Criminal Code of the Commonwealth; (zaa) an offence against section 233BAB of the Customs Act 1901 of the Commonwealth where the tier 2 goods to which the offence relates consist of or include items of child pornography (within the meaning of that section); (za) an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z).