sec.16What is a disqualifying offence

sec.16 What is a disqualifying offence

A disqualifying offence is— an offence against a provision of an Act mentioned in schedule 4 or 5 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e) . Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. Despite subsection (1) , an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. For this section, it is immaterial if a provision mentioned in schedule 4 or 5 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 16 prev s 16 (prev s 14) amd 2001 No. 69 s 378 sch 1 ; 2009 No. 9 s 136 sch 1 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53 pres s 16 (prev s 168) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2024 No. 50 s 35 (sec.16-ssec.1) A disqualifying offence is— an offence against a provision of an Act mentioned in schedule 4 or 5 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e) . Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. (sec.16-ssec.2) Despite subsection (1) , an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. (sec.16-ssec.3) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. (sec.16-ssec.4) For this section, it is immaterial if a provision mentioned in schedule 4 or 5 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.