Disqualifying offences
What is a disqualifying offence?
An offence is categorised as a ‘disqualifying offence’ under the Act if it is:
- an offence against a provision of an Act detailed in the table below;
- an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence of a kind detailed in the table below;
- an offence of counselling or procuring the commission of an offence of a kind mentioned in the table below; or
- an offence of attempting, or of conspiring, to commit an offence of a kind detailed in the table below; or
- an offence that has, as an element, an intention to commit an offence of a kind mentioned in the table below; or
- an offence that, at the time it was committed, was an offence of a kind mentioned in the table below.
| Offence | Section | Qualification |
|---|---|---|
| Indecent treatment of children under 16 | 210 | |
| Owner etc. permitting abuse of children on premises | 213 | |
| Carnal knowledge with or of children under 16 | 215 | |
| Abuse of persons with an impairment of the mind | 216 | |
| Procuring young person etc. for carnal knowledge | 217 | |
| Procuring sexual acts by coercion etc. | 218 | If the offence was committed against a child |
| Using internet etc to procure children under 16 | 218A | |
| Grooming children under 16 | 218B | |
| Taking child for immoral purposes | 219 | |
| Conspiracy to defile | 221 | If the offence was committed against a child |
| Incest | 222 | If the offence was committed against a child |
| Obscene publications and exhibitions | 228 | Only if an offender was or could have been liable as mentioned in section 228(2) or (3) |
| Involving child in making child exploitation material | 228A | |
| Making child exploitation material | 228B | |
| Distributing child exploitation material | 228C | |
| Possessing child exploitation material | 228D | |
| Maintaining a sexual relationship with a child | 229B | |
| Procuring engagement in prostitution | 229G | Only if an offender was or could have been liable as mentioned in section 229G (2) |
| Knowingly participating in provision of prostitution | 229H | Only if an offender was or could have been liable as mentioned in section 229H (2) |
| Persons found in places reasonably suspected of being used for prostitution etc | 229I | Only if an offender was or could have been liable as mentioned in section 229I (2) |
| Permitting young person etc to be at place used for prostitution | 229L | |
| Unlawful homicide | 300 | Only if the unlawful killing is murder under section 302 and was committed against a child |
| Rape | 349 | If the offence was committed against a child |
| Attempt to commit rape | 350 | If the offence was committed against a child |
| Assault with intent to commit rape | 351 | If the offence was committed against a child |
| Sexual assaults | 352 | If the offence was committed against a child |
| Offence | Section | Qualification |
|---|---|---|
| Demonstration of an objectionable computer game before a minor | 23 | |
| Possession of objectionable computer game | 26(3) | |
| Making objectionable computer game | 27(3) and (4) | |
| Obtaining minor for objectionable computer game | 28 |
| Offence | Section | Qualification |
|---|---|---|
| Possession of objectionable film | 41(3) | |
| Making objectionable film | 42(3) and (4) | |
| Procurement of minor for objectionable film | 43 |
| Offence | Section | Qualification |
|---|---|---|
| Sale etc. of prohibited publication or child abuse photograph | 12 | Only if an offender was or could have been liable as mentioned in section 12, penalty, paragraph (c) |
| Possession of prohibited publication | 13 | Only if an offender was or could have been liable as mentioned in section 13, penalty, paragraph (c) |
| Possession of child abuse publication or child abuse photograph | 14 | |
| Exhibition or display of prohibited publication or child abuse photograph | 15 | Only if an offender was or could have been liable as mentioned in section 15, penalty, paragraph (c) |
| Leaving prohibited publication or child abuse photograph in or on public place | 16 | Only if an offender was or could have been liable as mentioned in section 16, penalty, paragraph (c) |
| Producing prohibited publication | 17 | Only if an offender was or could have been liable as mentioned in section 17(1), penalty, paragraph (c) or 17(2), penalty, paragraph (c) or the offence is an offence under section 17(3) or (4) |
| Procurement of minor for RC publication or child abuse photograph | 18 | |
| Leaving prohibited publication or child abuse photograph in or on private premises | 20 | Only if an offender was or could have been liable as mentioned in section 20, penalty, paragraph (c) |
| Offence | Section | Qualification |
|---|---|---|
| Sexual servitude offences | 270.6 | Only if an offender was or could have been liable as mentioned in section 270.8 |
| Deceptive recruiting for sexual services | 270.7 | Only if an offender was or could have been liable as mentioned in section 270.8 |
| Sexual intercourse with child outside Australia | 272.8 | |
| Sexual activity (other than sexual intercourse) with child outside Australia | 272.9 | |
| Aggravated offence - child with mental impairment or under care, supervision or authority of defendant | 272.10 | |
| Persistent sexual abuse of child outside Australia | 272.11 | |
| Sexual intercourse with young person outside Australia - defendant in position of trust or authority | 272.12 | |
| Sexual activity (other than sexual intercourse) with young person outside Australia - defendant in position of trust or authority | 272.13 | |
| Procuring child to engage in sexual activity outside Australia | 272.14 | |
| "Grooming" child to engage in sexual activity outside Australia | 272.15 | |
| Benefiting from offence against this Division | 272.18 | |
| Encouraging offence against this Division | 272.19 | |
| Preparing for or planning offence against this Division | 272.20 | |
| Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia | 273.5 | |
| Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia | 273.6 | |
| Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people | 273.7 | |
| Using a postal or similar service for child pornography material | 471.16 | |
| Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service | 471.17 | |
| Using a postal or similar service for child abuse material | 471.19 | |
| Possessing, controlling, producing, supplying or obtaining child abuse material for use through postal or similar service | 471.20 | |
| Aggravated offence - involving conduct on 3 or more occasions and 2 or more people | 471.22 | |
| Using a postal or similar service to procure persons under 16 | 471.24 | |
| Using a postal or similar service to "groom" persons under 16 | 471.25 | |
| Using a postal or similar service to send indecent material to person under 16 | 471.26 | |
| Using a carriage service for child pornography material | 474.19 | |
| Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service | 474.20 | |
| Using a carriage service for child abuse material | 474.22 | |
| Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service | 474.23 | |
| Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people | 474.24A | |
| Using a carriage service for sexual activity with person under 16 years of age | 474.25A | |
| Aggravated offence - child with mental impairment or under care, supervision or authority of defendant | 474.25B | |
| Using a carriage service to procure persons under 16 years of age | 474.26 | |
| Using a carriage service to “groom” persons under 16 years of age | 474.27 | |
| Using a carriage service to transmit indecent communication to person under 16 years of age | 474.27A |
| Offence | Section | Qualification |
|---|---|---|
| Special offence relating to tier 2 goods | 233BAB | If the offence involved child pornography or child abuse material. |
| Offence | Section | Qualification |
|---|---|---|
| 208 | Unlawful sodomy | as the provision was in force from time to time before its repeal by the Health and Other Legislation Amendment Act 2016 for an offence committed before 1 July 1997, only if committed against a child or a person with an impairment of the mind |
| 212 | Defilement of Girls under Twelve | As the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 |
| 214 | Attempt to Abuse Girls under Ten | As the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 |
| 218A | Using internet etc to procure children under 16 | as the provision was in force from time to time before its repeal by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act |
| 220 | Unlawful Detention with Intent to Defile or in a Brothel | As the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 only if, at the time of the offence, the person in relation to whom the offence was committed was a child |
| 223 | Incest by adult female | As the provision was in force from time to time before its repeal by the Criminal Law Amendment Act 1997 only if, at the time of the offence, the person in relation to whom the offence was committed was a child |
| 344 | Aggravated assaults | As the provision was in force from 20 December 1946 to 30 June 1997 if – (a) the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined in the Criminal Law Amendment Act 1945, section 2A; and (b) at the time of the offence, the person in relation to whom the offence was committed was a child |
| Offence | Section | Qualification |
|---|---|---|
| 50BA | Sexual intercourse with child under 16 | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
| 50BB | Inducing child under 16 to engage in sexual intercourse | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
| 50BC | Sexual conduct involving child under 16 | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
| 50BD | Inducing child under 16 to be involved in sexual conduct | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
| 50DA | Benefiting from offence against this Part | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
| 50DB | Encouraging offence against this Part | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
Last Updated:28 September, 2016
