Sch 2Disqualification offences and disqualification periods: on‑demand booking services

Schedule 2 — Disqualification offences and disqualification periods: on‑demand booking services

[r. 52]

1. Disqualification offences and disqualification periods: on‑demand booking services

(1) Each offence described in column 1 of the Table is prescribed for the purposes of Part 3 of the Act as a disqualification offence for providers of on‑demand booking services, responsible officers of providers of on‑demand booking services and close associates of providers of on‑demand booking services.

(2) If particular circumstances are set out opposite a disqualification offence in column 2 of the Table, the offence is a disqualification offence for the purposes of Part 3 of the Act only in those circumstances.

(3) The disqualification period that applies to a disqualification offence is the period set out opposite that offence in column 3 of the Table.

(4) A reference in column 1 of the Table to a penalty of imprisonment for which an offender is liable is a reference to the maximum penalty of imprisonment that could be imposed on an individual convicted of the offence (or, in the case of a summary conviction, to the maximum penalty of imprisonment that could be imposed on an individual on summary conviction) regardless of the penalty actually imposed and whether a fine could also, or alternatively, be imposed.

(5) A reference in column 2 of the Table to a 2nd or subsequent conviction is a reference to a conviction for the disqualification offence referred to in column 1 of the Table that occurs within 20 years after a prior conviction for that offence.

Note for this subclause:

Under the Spent Convictions Act 1988, a reference in a written law to a conviction of a person for an offence does not include a reference to a spent conviction.

| Item | Column 1<br>Disqualification offence | Column 2<br>Circumstances | Column 3<br>Disqualification period | | Transport (Road Passenger Services) Act 2018 | | | | | 1. | Offence under s. 21(1) of the Act | | Permanent | | 2. | Offence under s. 22(1) of the Act | | 5 years | | 3. | Offence under s. 23 of the Act | 2nd or subsequent conviction only | 5 years | | Children and Community Services Act 2004 | | | | | 4. | Offence under the Children and Community Services Act 2004 section 192(1) or (2) | | Permanent | | Classification (Publications, Films and Computer Games) Enforcement Act 1996 | | | | | 5. | Offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 60(1), (2), (3) or (4) (before the repeal of section 60 on 28 August 2010) or section 101(1) | | Permanent | | | | | | | 6. | Offence under Chapter IX, XI, XVI, XXII, XXV, XXVIA, XXVIII to XXXIIIB, s. 343, Chapter XXXVI to XLI, XLIVA, XLVI, XLIX, LI, LIII or LV if an offender is liable to a penalty of imprisonment for more than 3 years | | Permanent | | 7. | Offence under Chapter IX, XI, XVI, XXII, XXVA, XXVIA, XXVIII to XXXIIIB, XXXVI to XLI, XLIVA, XLVI or XLIX to LIII if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years | | 5 years | | 8. | Offence under Chapter IX, XI, XVI, XXII, XXIX, XXX, XXXIII to XXXIIIB, XXXVII, XLIVA, XLIX, L or LIII if the offender is liable to a penalty of imprisonment for no more than 18 months | | 12 months | | 9. | Offence under s. 552, 553, 555A, 556, 558, 560, 562, 563A or 563B if an offender is liable to a penalty of imprisonment for more than 3 years | Only if the offence relates to an offence referred to in item 6, 7 or 8 of this Table | Permanent | | 10. | Offence under s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years | Only if the offence relates to an offence referred to in item 6, 7 or 8 of this Table | 5 years | | 11. | Offence under s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for no more than 18 months | Only if the offence relates to an offence referred to in item 6, 7 or 8 of this Table | 12 months | | as in force immediately before the section 440 comes into operation | | | | | 12. | Offence under the , as in force immediately before the section 440 comes into operation, if an offender is liable to a penalty of imprisonment for more than 2 years | | 10 years | | 13. | Offence under the , as in force immediately before the section 440 comes into operation, if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years | | 12 months | | | | | | | 13A. | Offence under the if an offender is liable to a penalty of imprisonment for more than 2 years | | 10 years | | 13B. | Offence under the (other than an offence under section 39(7) of that Act) if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years | | 12 months | | | | | | | 14. | Indictable offence under the | | 10 years | | 15. | Simple offence under the | | 12 months | | | | | | | 16. | Offence under the s. 19A(1), 21A(1), 21C(1), 22A(1), 23AA(1), 23B(1) or 23H(1) | | Permanent | | 17. | Offence under the s. 19A(2), 21A(2), 21C(2), 22A(2), 23AA(2), 23B(2) or 23H(2) | | 5 years | | 18. | Offence under the s. 19A(3), 21A(3), 21C(3), 22A(3), 23AA(3), 23B(3) or 23H(3) | 2nd or subsequent conviction only | 12 months | | | | | | | 19. | Offence under the s. 16(1) or (2), 17(1) or 18(1) | | Permanent | | | | | | | 20. | Offence under the s. 6(1), 6A(1) or (2), 6B(1) or (2), 7(1) or (2), 8A(2) or (3) or 8(1) | | 12 months | | | | | | | 20A. | Offence under the s. 30A(1) or (3) | | Permanent | | 20B. | Offence under the s. 31(1) or (2), 32(1) | | 5 years | | 20C. | Offence under the s. 33 | 2nd or subsequent conviction only | 12 months | | Laws of Commonwealth, other States or Territories | | | | | 21. | Offence under a law of the Commonwealth, another State or a Territory that is constituted by conduct that is substantially the same as the conduct constituting an offence described in items 1 to 20 (the local offence) | | The disqualification period prescribed for the local offence |