CRIMINAL CODE 1899 - SECT 552BB Excluded offences

Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 552BB

Excluded offences

552BB Excluded offences

(1) An offence is an
"excluded offence" if the offence is—
(a) an offence against a provision listed in column 1 of the following table and—
(i) no relevant circumstance is listed for the provision in column 3; or

(ii) both of the following apply—
(A) 1 or more relevant circumstances are listed for the provision in column 3;

(B) at least 1 of the relevant circumstances, or the relevant circumstance if only 1 relevant circumstance is listed, applies in relation to the offence; or

(b) the offence of—
(i) counselling or procuring the commission of an offence that is an excluded offence under paragraph (a) ; or

(ii) attempting to commit an offence that is an excluded offence under paragraph (a) , unless the offence is a relevant offence under section 552BA (4) , definition relevant offence , paragraph (a) ; or

(iii) becoming an accessory after the fact to an offence that is an excluded offence under paragraph (a) , unless the offence is a relevant offence under section 552BA (4) , definition relevant offence , paragraph (a) .

(2) Column 2 of the following table gives the headings of the provisions mentioned in column 1, and is for information only.

(3) In this section—

"prescribed value" means $30,000.
Table of excluded offences

Column 1 Column 2 Column 3

Provision of Code Provision heading Relevant circumstance

section 398 Punishment of stealing 1 The offender is liable to 14 years imprisonment under clause 1, the value of the yield to the offender, or the detriment caused, because of the stealing of the testamentary instrument is equal to or more than the prescribed value and the offender does not plead guilty.

2 The total value of anything stolen, other than a testamentary instrument as mentioned in clause 1, and as provided for in the charge for the offence, is equal to or more than the prescribed value and the offender does not plead guilty.

3 The offender is liable to imprisonment under clause 14 and a charge for the indictable offence mentioned in clause 14(b) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.

section 399 Fraudulent concealment of particular documents The offender is liable to 14 years imprisonment, the value of the yield to the offender, or the detriment caused, because of the concealment is equal to or more than the prescribed value and the offender does not plead guilty.

section 403 Severing with intent to steal The value of the thing made moveable is equal to or more than the prescribed value and the offender does not plead guilty.

section 406 Bringing stolen goods into Queensland The value of the property is equal to or more than the prescribed value and the offender does not plead guilty.

section 408A Unlawful use or possession of motor vehicles, aircraft or vessels 1 The value of the motor vehicle, aircraft or vessel is equal to or more than the prescribed value and the offender does not plead guilty.

2 The offender is liable to imprisonment for 12 years under section 408A (2) and a charge for the indictable offence mentioned in section 408A (2) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.

3 The offender is liable to imprisonment for 14 years under section 408A (4) (b) (i) or (ii) .

4 The offender is liable to imprisonment for 14 years under section 408A (4) (b) (iv) , the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty.

section 408C Fraud The value of the property, the yield to the offender or the detriment caused is equal to or more than the prescribed value and the offender does not plead guilty.

section 408E Misuse of restricted computer The offender is liable to imprisonment for 10 years, the value of the detriment or damage caused, or benefit obtained, is equal to or more than the prescribed value and the offender does not plead guilty.

chapter 38 , other than sections 413 and 414 Stealing with violence—extortion by threats

section 419 (1) Burglary 1 The offender is liable to imprisonment for life under section 419 (3) (b) (i) or (ii) .

2 The offender is liable to imprisonment for life under section 419 (3) (b) (iv) , the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty.

section 419 (5) Burglary A charge for the indictable offence mentioned in section 419 (5) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid. For example, if the indictable offence committed in the dwelling entered by the offender is stealing, the total value of what is stolen is equal to or more than the prescribed value and the offender does not plead guilty to the stealing, a charge for the offence of stealing would be required to be heard and decided on indictment, and accordingly, the offence of entering the dwelling in contravention of section 419 (4) would be an excluded offence.

section 421 (2) Entering or being in premises and committing indictable offences A charge for the indictable offence mentioned in section 421 (2) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.

section 421 (3) Entering or being in premises and committing indictable offences 1 A charge for the indictable offence mentioned in section 421 (3) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.

2 The value of any damage caused by the break is equal to or more than the prescribed value and the offender does not plead guilty.

section 427 Unlawful entry of vehicle for committing indictable offence 1 The offender is liable to imprisonment for 14 years under section 427 (2) (b) (i) or (ii) .

2 The offender is liable to imprisonment for 14 years under section 427 (2) (b) (iv) , the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty.

section 430 Fraudulent falsification of records The value of the yield to the offender because of the act or omission mentioned in section 430 (a) , (b) , (c) , (d) or (e) , or the value of the detriment caused by that act or omission, is equal to or more than the prescribed value and the offender does not plead guilty.

section 433 Receiving tainted property The value of the tainted property is equal to or more than the prescribed value and the offender does not plead guilty.

section 435 Taking reward for recovery of property obtained by way of indictable offences The value of the benefit mentioned in section 435 (b) is equal to or more than the prescribed value and the offender does not plead guilty.

chapter 44 Offences analogous to stealing relating to animals The value of the animal the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty.

section 461 Arson

section 462 Endangering particular property by fire

section 463 Setting fire to vegetation

section 467 Endangering the safe use of vehicles and related transport infrastructure

section 468 Injuring animals The offender is liable to imprisonment for 7 years, the value of the animal the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty.

section 469 Wilful damage The offender is liable to punishment under clause 1 (Destroying or damaging premises by explosion), 2 (Sea walls and other property), 5 (Railways), 6 (Aircraft) or 7 (Other things of special value).

section 469A Sabotage and threatening sabotage

section 470 Attempts to destroy property by explosives

section 471 Damaging mines The value of the damage or interference caused is equal to or more than the prescribed value and the offender does not plead guilty.

section 472 Interfering with marine signals The value of any damage or detriment directly attributable to the commission of the offence, including, for example, economic loss arising from disruption to shipping, is equal to or more than the prescribed value and the offender does not plead guilty.

section 473 Interfering with navigation works The value of any damage or detriment directly attributable to the commission of the offence, including, for example, economic loss arising from disruption to shipping, is equal to or more than the prescribed value and the offender does not plead guilty.

section 474 Communicating infectious diseases to animals The value of the animal or animals the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty.

section 488 Forgery and uttering The offender is liable to 7 years or 14 years imprisonment, the value of the yield to the offender, or the detriment caused, involved in the forgery or uttering is equal to or more than the prescribed value and the offender does not plead guilty.

section 498 Falsifying warrants for money payable under public authority The value of the yield to the offender, or the detriment caused, involved in the making out or delivering of the warrant is equal to or more than the prescribed value and the offender does not plead guilty.

section 514 Personation in general The offender is liable to imprisonment for 14 years, the value of the property mentioned in section 514 (2) is equal to or more than the prescribed value and the offender does not plead guilty.

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Column 1	Column 2	Column 3
Provision of Code	Provision heading	Relevant circumstance
section 398	Punishment of stealing	1	The offender is liable to 14 years imprisonment under clause 1, the value of the yield to the offender, or the detriment caused, because of the stealing of the testamentary instrument is equal to or more than the prescribed value and the offender does not plead guilty.
		2	The total value of anything stolen, other than a testamentary instrument as mentioned in clause 1, and as provided for in the charge for the offence, is equal to or more than the prescribed value and the offender does not plead guilty.
		3	The offender is liable to imprisonment under clause 14 and a charge for the indictable offence mentioned in clause 14(b) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.
section 399	Fraudulent concealment of particular documents		The offender is liable to 14 years imprisonment, the value of the yield to the offender, or the detriment caused, because of the concealment is equal to or more than the prescribed value and the offender does not plead guilty.
section 403	Severing with intent to steal		The value of the thing made moveable is equal to or more than the prescribed value and the offender does not plead guilty.
section 406	Bringing stolen goods into Queensland		The value of the property is equal to or more than the prescribed value and the offender does not plead guilty.
section 408A	Unlawful use or possession of motor vehicles, aircraft or vessels	1	The value of the motor vehicle, aircraft or vessel is equal to or more than the prescribed value and the offender does not plead guilty.
		2	The offender is liable to imprisonment for 12 years under section 408A (2) and a charge for the indictable offence mentioned in section 408A (2) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.
		3	The offender is liable to imprisonment for 14 years under section 408A (4) (b) (i) or (ii) .
		4	The offender is liable to imprisonment for 14 years under section 408A (4) (b) (iv) , the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty.
section 408C	Fraud		The value of the property, the yield to the offender or the detriment caused is equal to or more than the prescribed value and the offender does not plead guilty.
section 408E	Misuse of restricted computer		The offender is liable to imprisonment for 10 years, the value of the detriment or damage caused, or benefit obtained, is equal to or more than the prescribed value and the offender does not plead guilty.
chapter 38 , other than sections 413 and 414	Stealing with violence—extortion by threats
section 419 (1)	Burglary	1	The offender is liable to imprisonment for life under section 419 (3) (b) (i) or (ii) .
		2	The offender is liable to imprisonment for life under section 419 (3) (b) (iv) , the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty.
section 419 (5)	Burglary		A charge for the indictable offence mentioned in section 419 (5) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid. For example, if the indictable offence committed in the dwelling entered by the offender is stealing, the total value of what is stolen is equal to or more than the prescribed value and the offender does not plead guilty to the stealing, a charge for the offence of stealing would be required to be heard and decided on indictment, and accordingly, the offence of entering the dwelling in contravention of section 419 (4) would be an excluded offence.
section 421 (2)	Entering or being in premises and committing indictable offences		A charge for the indictable offence mentioned in section 421 (2) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.
section 421 (3)	Entering or being in premises and committing indictable offences	1	A charge for the indictable offence mentioned in section 421 (3) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid.
		2	The value of any damage caused by the break is equal to or more than the prescribed value and the offender does not plead guilty.
section 427	Unlawful entry of vehicle for committing indictable offence	1	The offender is liable to imprisonment for 14 years under section 427 (2) (b) (i) or (ii) .
		2	The offender is liable to imprisonment for 14 years under section 427 (2) (b) (iv) , the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty.
section 430	Fraudulent falsification of records		The value of the yield to the offender because of the act or omission mentioned in section 430 (a) , (b) , (c) , (d) or (e) , or the value of the detriment caused by that act or omission, is equal to or more than the prescribed value and the offender does not plead guilty.
section 433	Receiving tainted property		The value of the tainted property is equal to or more than the prescribed value and the offender does not plead guilty.
section 435	Taking reward for recovery of property obtained by way of indictable offences		The value of the benefit mentioned in section 435 (b) is equal to or more than the prescribed value and the offender does not plead guilty.
chapter 44	Offences analogous to stealing relating to animals		The value of the animal the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty.
section 461	Arson
section 462	Endangering particular property by fire
section 463	Setting fire to vegetation
section 467	Endangering the safe use of vehicles and related transport infrastructure
section 468	Injuring animals		The offender is liable to imprisonment for 7 years, the value of the animal the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty.
section 469	Wilful damage		The offender is liable to punishment under clause 1 (Destroying or damaging premises by explosion), 2 (Sea walls and other property), 5 (Railways), 6 (Aircraft) or 7 (Other things of special value).
section 469A	Sabotage and threatening sabotage
section 470	Attempts to destroy property by explosives
section 471	Damaging mines		The value of the damage or interference caused is equal to or more than the prescribed value and the offender does not plead guilty.
section 472	Interfering with marine signals		The value of any damage or detriment directly attributable to the commission of the offence, including, for example, economic loss arising from disruption to shipping, is equal to or more than the prescribed value and the offender does not plead guilty.
section 473	Interfering with navigation works		The value of any damage or detriment directly attributable to the commission of the offence, including, for example, economic loss arising from disruption to shipping, is equal to or more than the prescribed value and the offender does not plead guilty.
section 474	Communicating infectious diseases to animals		The value of the animal or animals the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty.
section 488	Forgery and uttering		The offender is liable to 7 years or 14 years imprisonment, the value of the yield to the offender, or the detriment caused, involved in the forgery or uttering is equal to or more than the prescribed value and the offender does not plead guilty.
section 498	Falsifying warrants for money payable under public authority		The value of the yield to the offender, or the detriment caused, involved in the making out or delivering of the warrant is equal to or more than the prescribed value and the offender does not plead guilty.
section 514	Personation in general		The offender is liable to imprisonment for 14 years, the value of the property mentioned in section 514 (2) is equal to or more than the prescribed value and the offender does not plead guilty.