Information Bulletin
PT 17/09.15
Driver Authorisation – Effect of a Driver
Disqualifying Offence
General
The Transport Operations (Passenger Transport) Act 1994 (TOPTA) requires drivers of public passenger
services in Queensland to hold current driver authorisation.
Driver authorisation is an authority issued by the Department of Transport and Main Roads that a driver of a
vehicle providing a public passenger service must attain and maintain to operate the vehicle while providing
the service.
Legislation exists in Queensland to ensure the suitability of persons to hold driver authorisation, having regard
to:
• the safety of children and other vulnerable members of the community
• the personal safety of passengers, their property and the public
• the reputation of public passenger transport
• conducting themselves responsibly with passengers and the public
• being responsible in the act of driving and are capable of safely operating the relevant type of vehicle
• being aware of their customer service responsibilities and
• being held accountable for complying with appropriate standards.
What is a driver disqualifying offence under the Transport Operations
(Passenger Transport) Act 1994?
A “driver disqualifying offence”, in relation to driver authorisation means—
(a) a category A driver disqualifying offence; or
(b) a category B driver disqualifying offence; or
(c) a category C driver disqualifying offence.
“Category A driver disqualifying offence” means any of the following offences committed by a person
who is subject to an obligation or order under section 170(b) of the Working with Children (Risk Management
and Screening) Act 2000, or by a person when the person was at least 17 years and for which an
imprisonment orders is or was imposed –
(a) an offence against a provision of an Act mentioned in Schedule 1A, part 1, subject to any qualification
relating to the provision mentioned in the part;
(b) an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an
offence mentioned in paragraph (a), and to which paragraph (a) does not apply;
(c) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that
substantially corresponds to an offence mentioned in paragraph (a) or (b)
A list of category A driver disqualifying offences is attached.
“Category B driver disqualifying offence” means—
(a) any of the following that is not a category A driver disqualifying offence—
(i) an offence listed in the Working with Children (Risk Management and Screening) Act 2000,
schedule 2 or 3, subject to any qualification relating to the offence mentioned in the schedule;
(ii) an offence against a provision of an Act mentioned in schedule 1A, part 2, subject to any
qualification relating to the provision mentioned in the part;
(iii) an offence of counselling or procuring the commission of, or attempting or conspiring to commit,
an offence mentioned in subparagraph (i) or (ii), and to which paragraph (i) or (ii) does not
otherwise apply;
(iv) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that
substantially corresponds to an offence mentioned in subparagraph (i), (ii) or (iii); or
(b) an offence mentioned in the definition category A driver disqualifying offence, paragraph (a), (b) or (c),
committed by a person when the person was:
(i) under 17 years (whether or not imprisonment order was imposed) and the person is not subject
to a Working with Children (Risk Management and Screening) Act 2000, section 170(b) order;
or
(ii) over 17 years and no imprisonment order was imposed and the person is not subject to a
Working with Children (Risk Management and Screening) Act 2000, section 170(b) order
A list of category B driver disqualifying offences is attached.
Category C driver disqualifying offence” means any of the following that is not a category A driver
disqualifying offence or a category B driver disqualifying offence—
(a)
an offence against a provision of the Criminal Code mentioned in schedule 1A, part 3;
(b)
an offence against the Drugs Misuse Act 1986 punishable by imprisonment for 1 year or more, even
though a fine may be imposed in addition or as an alternative;
(c)
an offence against the Weapons Act 1990 punishable by imprisonment for 1 year or more, even
though a fine may be imposed in addition or as an alternative;
(d)
an offence against the Transport Operations (Passenger Transport) Act 1994;
(e)
an offence against the Transport Operations (Passenger Transport) Regulation 2005, for which the
maximum penalty is at least 20 penalty units;
(ea) an offence against the Summary Offences Act 2005, section 9;
(f)
an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an
offence mentioned in paragraph (a), (b), (c), (d), (e) or (ea), and to which paragraph (a), (b), (c), (d),
(e) or (ea) does not otherwise apply;
(g)
an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that
substantially corresponds to an offence mentioned in paragraph (a), (b), (c), (d), (e), (ea) or (f).
A list of category C driver disqualifying offences is attached.
Applicants and driver authorisation holders are required to notify the chief executive of a
driver disqualifying offence.
Applicants and driver authorisation holders are required to inform the department if they are charged with a
driver disqualifying offence and when the outcome of the charge has been finalised.
Failure to supply this information is an offence for which there is a maximum of up to 100 penalty
units.
Criteria used for assessing the acceptability of drivers
The following criteria are used when assessing a person's criminal history.
Category A driver disqualifying offence
If an applicant or driver authority holder is convicted of a category A driver disqualifying offence and a term of
imprisonment is imposed, or an obligation or order under section 170(b) of the Working with Children (Risk
Management and Screening) Act 2000 is in place, then that person is ineligible to apply for or hold driver
authorisation indefinitely.
For the Transport Operations (Passenger Transport) Act 1994, “imprisonment order” refers to a court order that
convicts a person for an offence when the order imposes an imprisonment order for the offence, whether
wholly or partially suspended. It also includes an intensive correction order under the Penalties and Sentences
Act 1992.
The applicant or driver authority holder is not eligible to apply for a review or stay of this decision.
Category B driver disqualifying offence
If an applicant or driver authority holder is convicted of a category B driver disqualifying offence, the
department must give the person written notice of the chief executive's intention to refuse to grant or renew, or
to cancel the driver authorisation unless the person demonstrates to the chief executive's satisfaction by
written representations that an exceptional case exists.
In addition, if an applicant or driver authority holder is convicted of a category B driver disqualifying offence that
is also a serious offence or disqualifying offence under the Working with Children (Risk Management and
Screening) Act 2000, then the chief executive of the department must ask the Chief Executive (Employment
Screening) whether they consider an exceptional case exists. The Chief Executive (Employment Screening)
may give the chief executive the advice requested.
Without limiting the chief executive's power to take the exclusion action, the chief executive– (a) must take the
advice of the Chief Executive (Employment Screening) into account; and (b) can not be satisfied that an
exceptional case exists if the Chief Executive (Employment Screening) advises the chief executive of the
department that the Chief Executive (Employment Screening) considers an exceptional case does not exist.
Category C driver disqualifying offence
If an applicant or driver authority holder is convicted of a category C driver disqualifying offence, the
department will assess the suitability of the applicant for driver authorisation. When assessing the suitability of
the person, the department will consider the seriousness and the number of offences and when the offence/s
went to court.
Waiting period for Category C driver disqualifying offences
Where a person has been convicted of a driver disqualifying offence, the commencement of the waiting period
and the duration of the waiting period imposed is dependent upon the severity and circumstances surrounding
the offence.
The department may give consideration to an application prior to the end of the waiting period. The application
may be supported by personal references in writing. Comments attributed to the court judgment should be
supported by court transcripts supplied by the applicant.
For guidance in assessing a sufficient waiting period, the following guidelines will provide assistance. A person
who has committed serious and or multiple offences may have a longer waiting time imposed than that
suggested in the guidelines.
When assessing the waiting period, the safety of children and other vulnerable members of the community, the
personal safety of passengers, their property and the public and any damage that may occur to the reputation
of public transport will be considered.
(i)
For lower range Category C offences examples include, but are not restricted to, common assault, minor
drug and weapons offences; a waiting period of up to 3 years will apply for a single offence. Where a
person has more than one of these types of offences, a longer waiting period may apply.
(ii) For higher range Category C offences, examples include, but are not restricted to indecent acts, assault
occasioning bodily harm, stealing, wilful damage, fraud, arson, serious drug and weapon offences, a
waiting period of 3 to 6 years may apply. Where a person has more than one of these types of offences, a
longer waiting period may apply.
The waiting period applies as follows:
(i) Only a fine - imposed from date of conviction/a finding of guilt,
(ii) A term of imprisonment – imposed from the end of the original (full) sentence. If parole applies, the
waiting period will be imposed from the end of the parole period. It is accepted policy that a person cannot
be granted driver authorisation while on parole, and
(iii) Probation, good behaviour bond, suspended sentence, intensive correctional order or a community service
order granted – imposed from date of completion of the penalty/order.
Criteria to amend, add a condition, suspend, cancel, or refuse driver
authorisation
The department must be satisfied that the driver is a suitable person to drive a public passenger vehicle having
regard to:
• the need to provide for the personal safety of passengers and their property, and the public;
• conducting themselves responsibly with passengers and the public;
• the driver being responsible in the act of driving and are capable of safely operating the relevant type of
vehicle;
• the driver being aware of their customer service responsibilities; and
• the driver being held accountable for complying with appropriate standards.
Depending on the nature of the driver disqualifying offence, the department may:
•
•
•
•
•
•
refuse to grant driver authorisation to an applicant
refuse to renew a driver authorisation
amend a driver authorisation
impose a condition on a driver authorisation
suspend a driver authorisation or
cancel a driver authorisation.
Immediate suspension of driver authorisation
Where a person who holds driver authorisation is charged with a driver disqualifying offence that would make it
undesirable for the person to drive a public passenger vehicle, the person may be immediately suspended
under the Transport Operations (Passenger Transport) Regulation 2005 until the outcome of the charge is
known.
Examples of a driver disqualifying offence that would make it undesirable for the person to drive a public
passenger vehicle are sexual offences against children, rape, murder, manslaughter, assault occasioning
bodily harm, burglary, unlawful wounding; producing, trafficking and possessing a dangerous drug and
dangerous operation of a motor vehicle.
Reviews of decisions affecting driver authorisation
If a person is dissatisfied with the decision regarding their application or driver authorisation, they may request
an internal review of the decision. If the person is not satisfied with the outcome of the review then the person
may appeal to the Queensland Civil and Administrative Tribunal (QCAT) for an external review. For more
information please refer to the information bulletin ‘Reviews of Decisions affecting Operator Accreditation and
Driver Authorisation'.
Note: If a person has been convicted of a category A driver disqualifying offence for which an
imprisonment order was imposed, or is subject to an order or obligation under section 170(b) of the
Working with Children (Risk Management and Screening) Act 2000, there is no provision to appeal
against the ineligibility to apply for, or hold, driver authorisation.
Additional Information
The information contained in this bulletin has been produced as a guide to assist in the understanding of the
legislation and policy. Clarification of any information in this bulletin may be obtained from the Department of
Transport and Main Roads by contacting your local Passenger Transport office of the Department.
This bulletin is an interpretation of the relevant Acts, Regulations and Standard should not be used as a
reference to a point of law.
Copies of the Transport Operations (Passenger Transport) Act 1994, Transport Operations (Passenger
Transport) Regulation 2005 and Transport Operations (Passenger Transport) Standard 2010 can be
purchased from LitSupport Pty Ltd on 07 3223 9202 or email [email protected].
The legislation may be viewed on the internet at www.legislation.qld.gov.au. Additional information about
public passenger services is available on the Department of Transport and Main Roads internet site at
www.tmr.qld.gov.au/information_bulletins
CATEGORY A DRIVER DISQUALIFYING OFFENCES
“Category A driver disqualifying offence” means any of the following offences committed by a person
when the person was at least 17 years and for which an imprisonment order is or was imposed, or for which the
person is subject to the obligations or an order mentioned in the Working with Children (Risk Management and
Screening) Act 2000, section 170(b) (a) an offence against a provision of an Act mentioned in schedule 1A, part 1, subject to any qualification
relating to the provision mentioned in the part;
(b) an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an
offence mentioned in paragraph (a), and to which paragraph (a) does not otherwise apply;
(c) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially
corresponds to an offence mentioned in paragraph (a) or (b).
Working with Children (Risk Management and Screening) Act 2000, section 170(b) order or
obligation:
(i)
(ii)
(iii)
(iv)
offender reporting obligations; or
an offender prohibition order; or
a disqualification order; or
a sexual offender order
Schedule 1A, part 1
Existing provisions of the Criminal Code Act 1899
1. Section 208 (Unlawful sodomy), unless, when the offence was committed, the offender was aged between 17
and 20 (both inclusive) and the person in relation to whom the offence was committed was not a person with
an impairment of the mind and was aged between 14 and 17 (both inclusive).
2. Section 210 (Indecent treatment of children under 16), unless, when the offence was committed, the offender
was aged between 17 and 20 (both inclusive) and the person against whom the offence was committed was
aged 14 and 20 (both inclusive).
3. Section 213 (Owner etc. permitting abuse of children on premises)
4. Section 215 (Carnal knowledge with or of children under 16), unless, when the offence was committed, the
offender was aged between 17 and 20 (both inclusive) and the person against whom the offence was
committed was aged between 14 and 20 (both inclusive).
5. Section 216 (Abuse of persons with an impairment of the mind).
6. Section 217 (Procuring young person etc. for carnal knowledge)
6A. Section 218 (Procuring sexual acts by coercion etc.) if the offence was committed against a child
7. Section 218A (Using internet etc. to procure children under 16).
7A. Section 218B (Grooming children under 16).
8. Section 219 (Taking child for immoral purposes)
8A. Section 221 (Conspiracy to defile) if the offence was committed against a child
9. Section 222 (Incest), if the person in relation to whom the offence was committed was a child when the
offence was committed.
10. Section 228 (Obscene publications and exhibitions), if section 228(2) or (3) applies.
10A. Section 228A (Involving child in making child exploitation material)
10B. Section 228B (Making child exploitation material)
10C. Section 228C (Distributing child exploitation material)
10D. Section 228D (Possessing child exploitation material)
11. Section 229B (Maintaining a sexual relationship with a child)
12. Section 229G (Procuring prostitution), if section 229G(2) applies.
12A. Section 229G (Procuring prostitution) only if an offender was or could have been liable as mentioned in
section 229G(2)
12B. Section 229H (Knowingly participating in provision of prostitution) only if an offender was or could have been
liable as mentioned in section 229H(2)
12C. Section 229I (Persons found in place reasonably suspected of being used for prostitution etc) only if an
offender was or could have been liable as mentioned in section 229I(2)
12D. Section 229L (Permitting young person etc to be at place used for prostitution)
12E. Section 300 (Unlawful homicide) only if the unlawful killing is murder against section 302 and was committed
against a child
13. Section 349 (Rape).
14. Section 350 (Attempt to commit rape) if the offence was committed against a child
15. Section 351 (Assault with intent to commit rape) if the offence was committed against a child
16. Section 352 (Sexual assaults) if the offence was committed against a child
Classification of Computer Games and Images Act 1995
1.
Section 23 (Demonstration of an objectionable computer game before a minor)
2.
Section 26(3) (Possession of objectionable computer game)
3.
Section 27 (3) and (4) (Making objectionable computer game)
4.
Section 28 (Obtaining minor for objectionable computer game)
Classification of Films Act 1991
1.
Section 41(3) (Possession of objectionable film)
2.
Section 42(3) and (4) (Making objectionable film)
3.
Section 43 (Procurement for objectionable film)
Classification of Publications Act 1991
1. Section 12 (Sale etc of prohibited publication or child abuse photograph)
2. Section 13 (Possession of prohibited publication)
3. Section 14 (Possession of child abuse publication or child abuse photograph)
4. Section 15 (Exhibition or display of prohibited publication or child abuse photograph)
5. Section 16 (Leaving prohibited publication or child abuse photograph in or on public place)
6. Section 17(1) (Producing prohibited publication)
7. Section 17(2) (Producing prohibited publication)
8. Section 17 (3) and (4) (Producing prohibited publication)
9. Section 18 (Procurement of minor for RC publication or child abuse photograph)
10. Section 20 (Leaving prohibited publication or child abuse photograph in or on private premises)
Provisions of the Criminal Code repealed by the Criminal Law Amendment Act 1997
1.
Section 208 (Unlawful anal intercourse), if section 208(2)(b) applies.
2.
Section 222 (Incest by man), if the person in relation to whom the offence was committed was a child under
16 years when the offence was committed
3.
Section 223 (Incest by adult female), if the person in relation to whom the offence was committed was a
child when the offence was committed.
4.
Section 344 (Aggravated assaults), as the provision was in force from 20 December 1946 until its repeal by
the Criminal Law Amendment Act 1997, if
a) the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as
defined by the Criminal Law Amendment Act 1945, section 2A; and
b) the person in relation to whom the offence was committed was a child when the offence was committed.
Provisions of the Criminal Code repealed by the Criminal Code, Evidence Act and Other Acts
Amendment Act 1989
1. Section 212 (Defilement of girls under twelve)
2. Section 214 (Attempt to abuse girls under ten)
3. Section 220 (Unlawful detention with intent to defile or in a brothel), if the person in relation to whom the
offence was committed was a child when the offence was committed.
Criminal Code (Cwth)
1. Section 270.6 (Sexual servitude offences) only if an offender was or could have been liable as mentioned inn
section 270.8
2. Section 270.7 (Deceptive recruiting for sexual services) only if an offender was or could have been liable as
mentioned in section 270.8
3. Section 474.19 (Using a carriage service for child pornography material
4. Section 474.20 (Possessing, controlling, producing, supplying or obtaining child pornography material for use
through a carriage service
5. Section 474.22 (Using a carriage service for child abuse material)
6. Section 474.23 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through
a carriage service)
7. Section 474.26 (Using a carriage service to procure persons under 16 years of age)
8. Section 474.27 (Using a carriage service to “groom” persons under 16 years of age)
Customs Act 1901 (Cwth)
1.
Section 233BAB (Special offence relating to tier 2 goods) if the offence involved child pornography or child
abuse material)
Provisions of the Crimes Act 1914 (Cwth) repealed by the Crimes Legislation Amendment
(Sexual Offences Against Children) Act 2010 (Cwth)
1.
Section 50BA (Sexual intercourse with child under 16)
2.
Section 50BB (Inducing child under 16 to engage in sexual intercourse)
3.
Section 50BC (Sexual conduct involving child under 16)
4.
Section 50BD (Inducing child under 16 to be involved in sexual conduct)
5.
Section 50DA (Benefiting from offence against this Part)
6.
Section 50DB (Encouraging offence against this Part)
CATEGORY B DRIVER DISQUALIFYING OFFENCES
“category B driver disqualifying offence” means—
(a) any of the following that is not a category A driver disqualifying offence—
(i) an offence listed in the Working with Children (Risk Management and Screening) Act 2000,
schedule 2 or 3, subject to any qualification relating to the offence mentioned in the schedule;
(ii) an offence against a provision of an Act mentioned in schedule 1A, part 2, subject to any
qualification relating to the provision mentioned in the part;
(iii) an offence of counselling or procuring the commission of, or attempting or conspiring to commit,
an offence mentioned in subparagraph (i) or (ii), and to which paragraph (i) or (ii) does not
otherwise apply;
(iv) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that
substantially corresponds to an offence mentioned in subparagraph (i), (ii) or (iii); or
(b) an offence mentioned in the definition category A driver disqualifying offence, paragraph (a), (b) or (c),
committed by a person when:
(i) the person was under 17 years (whether or not imprisonment order was imposed) and the
person is not subject to an order or obligation under section 170(b) of the Working with Children
(Risk Management and Screening) Act 2000; or
(ii) when the person was over 17 years and no order of imprisonment is or was imposed and the
person is not subject to an order or obligation under section 170(b) of the Working with Children
(Risk Management and Screening) Act 2000.
Existing provisions of the Criminal Code Act 1899
Section 208
Section 210
Section 211
Section 213
Section 215
Section 216
Section 217
Section 218
Section 218A
Section 218B
Section 219
Section 221
Section 222
Section 228
Section 228A
Section 228B
Section 228C
Section 228D
Section 229B
Section 229G
Section 229H(2)
Section 229I(2)
Section 229L
Section 300
Section 306
Section 309
Section 313
Section 315
Section 316
Section 317
Section 320A
Section 322
Unlawful sodomy (if not Category A.)
Indecent treatment of children under 16 (if not Category A.)
Bestiality
Owner etc. permitting abuse of children on premises (if not Category A.)
Carnal knowledge with or of children under 16 (if not Category A.)
Abuse of persons with an impairment of the mind (if not Category A.)
Procuring young person etc. for carnal knowledge (if not Category A.)
Procuring sexual acts by coercion etc. (if not Category A.)
Using internet etc. to procure children under 16 (if not Category A.)
Grooming children under 16 (if not Category A.)
Taking child for immoral purposes (if not Category A.)
Conspiracy to defile (if not Category A.)
Incest (if not Category A.)
Obscene publications and exhibitions (if not Category A.)
Involving child in making child exploitation material (if not Category A.)
Making child exploitation material (if not Category A.)
Distributing child exploitation material (if not Category A.)
Possessing child exploitation material (if not Category A.)
Maintaining a sexual relationship with a child (if not Category A)
Procuring prostitution if section 229G(2) applies (if not Category A.)
Knowingly participating in the provision of prostitution (if not Category A.)
Persons found in places reasonably suspected of being used for prostitution(if not
Category A.)
Permitting young person etc. to be at a place used for prostitution (if not Category A.)
Unlawful homicide (applies only if the unlawful killing is murder under section 302) (if
not Category A.)
Attempt to murder
Conspiring to murder
Killing unborn child
Disabling in order to commit indictable offence
Stupefying in order to commit indictable offence
Acts intended to cause grievous bodily harm and other malicious act
Torture
Administering poison with intent to harm only if an offender was or could have
Section 323A
Section 323B
Section 324
Section 326
Section 328A
Section 349
Section 350
Section 351
Section 352
Section 354
Section 354A
Section 363
Section 363A
Section 364
Section 409
Section 419(3)(b)
Section 427 (2)
been liable for a penalty as mentioned in section 322, penalty, paragraph (a)
Female genital mutilation
Removal of child from state for female mutilation
Failure to supply necessaries
Endangering life of children by exposure
Dangerous operation of a vehicle
Rape (if not Category A.)
Attempt to commit rape (if not Category A.)
Assault with intent to commit rape (if not Category A.)
Sexual assaults (if not Category A.)
Kidnapping
Kidnapping for ransom
Child-stealing
Abduction of child under 16
Cruelty to children under 16
Robbery (only if an offender was or could have been liable as mentioned in section
411(2)).
Burglary (if paragraph (i) or (ii) applies)
Unlawful entry of a vehicle for committing an indictable offence (if paragraph (b)
i) or (ii) applies)
Weapons Act 1990
Section 65
Unlawful trafficking in weapons
Classification of Computer Games and Images Act 1995
Section 23
Section 26(3)
Section 27(3) & (4)
Section 28
Demonstration of an objectionable computer game before a minor (if not Category A)
Possession of objectionable computer game (if not Category A)
Making objectionable computer game (if not Category A)
Obtaining minor for objectionable computer game (if not Category A)
Classification of Films Act 1991
Section 41(3)
Section 42(3) & (4)
Section 43
Possession of objectionable film (if not Category A)
Making objectionable film (if not Category A)
Procurement of minor for objectionable film (if not Category A)
Classification of Publications Act 1991
Section 12(c)
Section 13(c)
Section 14
Section 15
Section 16(c)
Section 17(1) (c), 2 (c),
3&4
Section 18
Section 20(c)
Sale etc of prohibited publication or child abuse photograph (if not Category A)
Possession of prohibited publication (if not Category A)
Possession of a child abuse publication or child abuse photograph (if not Category A)
Exhibition or display of prohibited publication or child abuse photograph (if not Category
A)
Leaving prohibited publication or child abuse photograph in or on public place (if not
Category A)
Producing prohibited publication (if not Category A)
Procurement of a minor for an RC publication or child abuse photograph (if not
Category A)
Leaving prohibited publication or child abuse photograph in or on private premises (if
not Category A)
Drugs Misuse Act 1986
Section 5
Section 6
Section 8
Trafficking in dangerous drugs
Supplying dangerous drugs (only if the offence is one of aggravated supply as
mentioned in section 6(2))
Producing dangerous drugs (only if an offender was or could have been liable for a
penalty as mentioned in section 8, penalty, paragraph (a) or (b)
Crimes Act 1914 (Cwth)
Section 50BA
Section 50BB
Section 50BC
Section 50BD
Section 50DA
Section 50DB
Sexual intercourse with child under 16 (if not category A)
Inducing child under 16 to engage in sexual intercourse (if not category A)
Sexual conduct involving child under 16 (if not category A)
Inducing child under 16 to be involved in sexual conduct (if not category A)
Benefiting from offence against this Part (if not category A)
Encouraging offence against this part (if not category A)
Criminal Code (Cwth)
Section 270.6
Section 270.7
Section 272.8
Section 272.9
Section 272.10
Section 272.11
Section 272.12
Section 272.13
Section 272.14
Section 272.15
Section 272.18
Section 272.19
Section 272.20
Section 273.5
Section 273.6
Section 273.7
Section 471.16
Section 471.17
Section 471.19
Section 471.20
Section 471.22
Section 471.24
Section 471.25
Section 471.26
Sexual servitude offences (only if an offender was or could have been liable as
mentioned in section 270.8) (if not category A)
Deceptive recruiting for sexual services (if not category A)
Sexual intercourse with child outside Australia
Sexual activity (other than sexual intercourse) with child outside Australia
Aggravated offence—child with mental impairment or under care, supervision or
authority of defendant
Persistent sexual abuse of child outside Australia
Sexual intercourse with young person outside Australia— defendant in position of trust
or authority
Sexual activity (other than sexual intercourse) with young person outside Australia—
defendant in position of trust or authority
Procuring child to engage in sexual activity outside Australia
“Grooming” child to engage in sexual activity outside Australia
Benefiting from offence against this Division
Encouraging offence against this Division
Preparing for or planning offence against this Division
Possessing, controlling, producing, distributing or obtaining child pornography material
outside Australia
Possessing, controlling, producing, distributing or obtaining child abuse material
outside Australia
Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more
people
Using a postal or similar service for child pornography material
Possessing, controlling, producing, supplying or obtaining child pornography material
for use through a postal or similar service
Using a postal or similar service for child abuse material
Possessing, controlling, producing, supplying or obtaining child abuse material for use
through a postal or similar service
Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more
people
Using a postal or similar service to procure persons under 16
Using a postal or similar service to “groom” persons under 16
Using a postal or similar service to send indecent material to person under 16
Section 474.19
Using a carriage service for child pornography material (if not category A)
Section 474.20
Possessing, controlling, producing, supplying or obtaining child pornography material
for use through a carriage service (if not category A)
Using a carriage service for child abuse material (if not category A)
Possessing, controlling, producing, supplying or obtaining child abuse material for use
through a carriage service (if not category A)
Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more
people
Using a carriage service for sexual activity with person under 16 years of age
Aggravated offence—child with mental impairment or under care, supervision or
authority of defendant
Using a carriage service to procure persons under 16 years of age (if not category A)
Using a carriage service to “groom” persons under 16 years of age (if not category A)
Using a carriage service to transmit indecent communication to person under 16 years
of age
Section 474.22
Section 474.23
Section 474.24A
Section 474.25A
Section 474.25B
Section 474.26
Section 474.27
Section 474.27A
Provisions of the Commission for Children and Young People and Child Guardian Act 2000
repealed by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989
Section 212
Section 214
Section 220
Defilement of Girls under Twelve (if not Category A)
Attempt to Abuse Girls under Ten (if not Category A)
Unlawful Detention with Intent to Defile or in a Brothel (if not Category A)
Provisions of the Commission for Children and Young People and Child Guardian Act 2000
repealed by the Criminal Law Amendment Act 1997
Section 223
Incest by adult female (if not Category A)
Provisions of the Commission for Children and Young People and Child Guardian Act 2000
repealed by the Training and Employment Act 2000
Section 325
Endangering life or health of apprentices or servants
Provisions of the Commission for Children and Young People and Child Guardian Act 2000
repealed by the Criminal Law Amendment Act 1945, section 2A
Section 344
Aggravated assaults (if not Category A)
CATEGORY C DRIVER DISQUALIFYING OFFENCES
“category C driver disqualifying offence” means any of the following that is not a category A driver disqualifying
offence or a category B driver disqualifying offence—
(a)
an offence against a provision of the Criminal Code mentioned in schedule 1A, part 3;
(b)
an offence against the Drugs Misuse Act 1986 punishable by imprisonment for 1 year or more, even
though a fine may be imposed in addition or as an alternative;
(c)
an offence against the Weapons Act 1990 punishable by imprisonment for 1 year or more, even though a
fine may be imposed in addition or as an alternative;
(d)
an offence against this Act;
(e)
an offence against the Transport Operations (Passenger Transport) Regulation 2005, for which the
maximum penalty is at least 20 penalty units;
(ea)
an offence against the Summary Offences Act 2005, section 9;
(f)
an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an
offence mentioned in paragraph (a), (b), (c), (d), (e) or (ea), and to which paragraph (a), (b), (c), (d), (e) or
(ea) does not otherwise apply;
(g)
an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially
corresponds to an offence mentioned in paragraph (a), (b), (c), (d), (e), (ea) or (f).
Existing provisions of the Criminal Code Act 1899
Chapter 9
Chapter 16
Chapter 20
Chapter 22
Chapter 26
Chapter 27
Chapter 28
Chapter 29
Chapter 30
Chapter 33
Chapter 36
Chapter 37
Chapter 38
Chapter 39
Chapter 40
Chapter 41
Chapter 42A
Chapter 46
Chapter 49
Chapter 52
Chapter 56
Breaches of the peace
Offences relating to the administration of justice
Miscellaneous offences against public authority
Offences against morality (if not Category A or B)
Assaults and violence to the person generally—justification and excuse
Duties relating to the preservation of human life
Homicide—Suicide—Concealment of birth (if not Category B)
Offences endangering life or health (if not Category B)
Assaults (if not Category B)
Offences against liberty (if not Category B.)
Stealing
Offences analogous to stealing
Stealing with violence—extortion by threats (if not Category B.)
Burglary—Housebreaking—And like offences (if not Category B.)
Other fraudulent practices
Receiving property stolen or fraudulently obtained and like offences
Secret commissions
Offences
Punishment of forgery and like offences
Personation
Conspiracy
Provisions of the Criminal Code repealed by the Criminal Law Amendment Act 1997
Section 343A
Section 344
Assaults occasioning bodily harm
Aggravated assaults
Provisions of the Criminal Code repealed by the Criminal Code and Other Acts Am
Chapter 42
Frauds by trustees and officers of companies and corporations – false accounting
Category C Driver Disqualifying Offences by Section of the Criminal Code Act 1899
Section 60A
Participants in criminal organisation being knowingly present in public places
Section 60B
Section 60C
Section 61
Section 69
Section 70
Section 71
Section 72
Section 74
Section 75
Section 119B
Section 120
Section 121
Section 122
Section 123
Section 123A
Section 124
Section 125
Section 126
Section 127
Section 128
Section 129
Section 130
Section 131
Section 132
Section 133
Section 136
Section 137
Section 139
Section 140
Section 193
Section 194
Section 195
Section 195A
Section 199
Section 200
Section 204
Section 205
Section 224
Section 225
Section 226
Section 227
Section 227A
Section 227B
Section 246
Section 285
Section 286
Section 288
Section 289
Section 290
Section 294
Section 295
Section 296
Section 297
Section 298
Participants in criminal organisation entering prescribed places and attending
prescribed events
Participants in criminal organisation recruiting persons to become participants in
the organisation
Riot
Going armed so as to cause fear
Forcible entry
Forcible detainer
Affray
Prize fight
Threatening violence
Retaliation against judicial officer, juror, witness or family
Judicial corruption
Official corruption not judicial but relating to offences
Corruption of jurors
Perjury
Perjury - contradictory statements
Punishment of perjury
Evidence on charge of perjury
Fabricating evidence
Corruption of witnesses
Deceiving witnesses
Destroying evidence with intent
Preventing witnesses from attending
Conspiracy to bring false accusation
Conspiring to defeat justice
Compounding an indictable offence
Justices exercising jurisdiction in a matter of personal interest
Delay to take a person arrested before a Magistrate
Inserting advertisement without authority of court
Attempting to pervert justice
False verified statements
False declarations
Evidence
Contradictory statements-false statements or declarations
Resisting public officers
Refusal by public officer to perform duty
Disobedience to statute law
Disobedience to lawful order issued by statutory authority
Attempts to procure abortion
The like by woman with child
Supplying drugs or instruments to procure abortion
Indecent acts
Observations or recordings in breach of privacy
Distributing prohibited visual recordings
Assaults unlawful
Duty to provide necessaries
Duty of person who has care of a child
Duty of persons doing dangerous acts
Duty of persons in charge of dangerous things
Duty to do certain acts
Deaths by acts done at childbirth
Causing death by threats
Acceleration of death
When injury or death might be prevented by proper precaution
Injuries causing death in consequences of subsequent treatment
Section 307
Section 308
Section 310
Section 311
Section 314
Section 316A
Section 317A
Section 318
Section 319
Section 320
Section 321
Section 321A
Section 323
Section 327
Section 328
Section 329
Section 330
Section 333
Section 334
Section 335
Section 338A
Section 339
Section 340
Section 346
Section 355
Section 356
Section 357
Section 358
Section 359
Section 398
Section 399
Section 403
Section 406
Section 408A
Section 408C
Section 408D
Section 408E
Section 411(1)
Section 412
Section 413
Section 414
Section 415
Section 417A
Section 419
Section 421
Section 425
Section 427A
Section 430
Section 431
Section 433
Section 435
Section 442B
Section 442BA
Section 442C
Section 442D
Section 442E
Accessory after the fact to murder
Threats to murder in document
Punishment of manslaughter
Aiding suicide
Concealing the birth of children
Unlawful drink spiking
Carrying or sending dangerous goods in a vehicle
Obstructing rescue or escape from unsafe premises
Endangering the safety of a person in a vehicle with intent
Grievous bodily harm
Attempting to injure by explosive or noxious substances
Bomb hoaxes
Wounding
Setting mantraps
Negligent acts causing harm
Endangering safety of persons travelling by railway
Sending or taking unseaworthy ships to sea
Evading laws as to equipment of ships and shipping dangerous goods
Landing explosives
Common Assault
Assaults of member of crew on aircraft
Assaults occasioning bodily harm
Serious assaults
Assaults in interference with freedom of work or trade
Deprivation of liberty
False certificates by officers charged with duties relating to liberty
Concealment of matters affecting liberty
Unlawful custody of patient under Mental Health Act 2000
Threats
Punishment of stealing
Fraudulent concealment of particular documents
Severing with intent to steal
Bringing stolen goods into Queensland
Unlawful user or possession of motor vehicles, aircraft or vessels
Fraud
Obtaining or dealing with identification information
Computer hacking and misuse
Punishment of robbery
Attempted robbery
Assault with intent to steal
Demanding property with menaces with intent to steal
Extortion
Taking control of aircraft
Burglary (If not Category B)
Entering or being in premises and committing indictable offences
Possession of things used in connection with unlawful entry
Obtaining property by passing valueless cheques
Fraudulent falsification of records
False accounting by public officer
Receiving tainted property
Taking reward for recovery of property obtained by means of indictable offences
Receipt or solicitation of secret commission by an agent
Gift or offer of secret commission to an agent
Secret gifts received by parent, spouse, child, partner etc. of agent
False or misleading receipt or account
Secret commission for advice given
Section 442EA
Section 442F
Section 442G
Section 461
Section 462
Section 463
Section 467
Section 468
Section 469
Section 469A
Section 470
Section 470A
Section 471
Section 472
Section 473
Section 474
Section 475
Section 477
Section 478
Section 488
Section 498
Section 499
Section 500
Section 501
Section 502
Section 514
Section 515
Section 541
Section 542
Section 543
Section 543A
Offer or solicitation of secret commission in return for advice given or to be given
Secret commission to trustee in return for substituted appointment
Liability of director etc. acting without authority
Arson
Endangering particular property by fire
Setting fire to crops and growing plants
Endangering the safe use of vehicles and related infrastructure
Injuring animals
Wilful damage
Sabotage & threatening sabotage
Attempts to destroy property by explosives
Unlawful deposition of explosives or noxious substances
Damaging mines
Interfering with marine signals
Interfering with navigation works
Communicating infectious diseases to animals
Travelling with infected animals
Obstructing railways
Sending letters threatening to burn or destroy
Forgery and uttering
Falsifying warrants for money payable under public authority
Falsification of registers
Sending false certificate of marriage to registrar
False statements for the purpose of registers of births, deaths, and marriages
Procuring or claiming unauthorised status
Personation in general
Falsely acknowledging deeds, recognisances and so on
Conspiracy to commit crime
Conspiracy to commit other offences
Other conspiracies
Industrial disputes
Category C offences under the Weapons Act 1990
Section 29A
Section 34
Section 35
Section 36
Section 38
Section 50
Section 50B
Section 51
Section 57
Section 58
Section 60
Section 61
Section 62
Section 63
Section 64
Section 66
Section 68
Section 69
Section 137
Section 151B
Section 151D
Section 157
Action by court if respondent has access to weapons through employment
Contravention of licence condition
Acquisition of weapons
Sale or disposal of weapons
Issue etc. of permits to acquire
Possession of weapons
Unlawful supply of weapons
Possession of a knife in a public place or a school
Particular conduct involving a weapon in a public place prohibited
Dangerous conduct with weapon prohibited generally
Secure storage of weapons
Shortening firearms
Modifying construction or action of firearms
Altering identification marks of weapons
Obtaining weapons by deceit
Dispatch of weapons
Dealers to be licensed
Armourers to be licensed
Notice to dispose
Protection of informers
Power to prohibit publication of proceedings
Fraud and unlawful possession of licence etc
Section 158
False or misleading statements
Category C offences under the Summary Offences Act 2005
Section 9
Wilful Exposure
Provisions of the Criminal Code repealed by the Criminal Law Amendment Act 1997
Section 343A
Section 344
(Assaults occasioning bodily harm)
(Aggravated assaults)
Category C offences under the Drugs Misuse Act 1986
Section 6(b),(c) or (d)
Section 7
Section 8(c),(d) or (e)
Section 8A(1)
Section 9
Section 9A
Section 9B
Section 9C
Section 10
Section 10A
Section 10B
Section 11(1)
Supplying dangerous drugs
Receiving or possessing property obtained from trafficking or supplying
Producing dangerous drugs
Publishing or possessing instructions for producing dangerous drugs
Possessing dangerous drugs
Possessing relevant substances or things
Supplying relevant substances or things
Producing relevant substances or things
Possessing things
Possessing suspected property
Possession of a prohibited combination of items
Permitting use of place