{"id":"sex-offenders-registration-act-2004","name":"Sex Offenders Registration Act 2004","slug":"sex-offenders-registration-act-2004","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174365,"registerId":"vic-sex-offenders-registration-act-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 7","sectionType":"division","heading":"Variation, extension and revocation of prohibition orders 137","content":"Division 7—Variation, extension and revocation of prohibition orders 137\n\n66ZH Application to vary or revoke a prohibition order 137\n\n66ZI Application to extend a final prohibition order 138\n\n66ZJ Considerations in determining whether to vary or revoke interim prohibition orders 138\n\n66ZK Considerations in varying, revoking or extending final prohibition orders 139\n\n66ZL Court may vary a prohibition order 140\n\n66ZM Court may revoke a prohibition order 142\n\n66ZN Court may extend a final prohibition order 142\n\n66ZO Court may make orders under this Division by consent 144\n\n","sortOrder":0},{"sectionNumber":"Div 8","sectionType":"division","heading":"Contravention of prohibition order 145","content":"Division 8—Contravention of prohibition order 145\n\n66ZP Offence to contravene prohibition order 145\n\n","sortOrder":1},{"sectionNumber":"Div 9","sectionType":"division","heading":"Corresponding prohibition orders 146","content":"Division 9—Corresponding prohibition orders 146\n\n66ZQ Application for registration of corresponding prohibition order 146\n\n66ZR Registration of corresponding prohibition order 147\n\n66ZS Variation of corresponding prohibition order before registration if corresponding registrable offender is a child 147\n\n66ZT Corresponding registrable offender to be notified of registration order 148\n\n66ZU Duration of registration order 149\n\n66ZV Effect of registration order 149\n\n66ZW No effect in Victoria if corresponding prohibition order varied or extended by interstate court 150\n\n66ZX Application for variation of a registration order 150\n\n66ZY Considerations in making an order varying a registration order 151\n\n66ZZ Court may vary a registration order 152\n\n66ZZA Revocation of a registration order 153\n\n","sortOrder":2},{"sectionNumber":"Div 10","sectionType":"division","heading":"Miscellaneous 153","content":"Division 10—Miscellaneous 153\n\n66ZZB Court may prohibit publication of proceedings 153\n\n66ZZC Chief Commissioner of Police may disclose personal information about prohibition orders and registration orders 155\n\n66ZZD Service of orders and applications made by Chief Commissioner of Police 156\n\nPart 5—Registrable offenders prohibited from child-related employment 157\n\n67 Definitions 157\n\n68 Registrable offender excluded from child-related employment 163\n\n69 Offence to fail to disclose charges 163\n\n70 Confidentiality of information 164\n\nPart 5A—Change of name 166\n\n70A Application of Part 166\n\n70B Definitions 166\n\n70C Applications for change of name by or on behalf of a registrable offender 166\n\n70D Approval by Chief Commissioner of Police 167\n\n70E Approval to be notified in writing 168\n\n70F Registration of change of name 168\n\n70G Registrar may correct Register 169\n\n70H Lapse of application where offender ceases to be a registrable offender 169\n\n70I Information-sharing between the Secretary and the Victorian Registrar 169\n\n70J Registrable offender who is also subject to a supervision or detention order 170\n\n70K Registrable offender who is also a prisoner on parole 170\n\nPart 5B—Monitoring of compliance and reporting 171\n\n70L IBAC to monitor compliance with Parts 3 and 4 171\n\n70M IBAC to be given reasonable assistance 171\n\n70N Powers in relation to monitoring 171\n\n70O Reports on monitoring compliance 172\n\n70P Chief Commissioner of Police to report to Minister 173\n\nPart 5C—Approval of making of acknowledgement of sex applications—registrable offenders 175\n\n70Q Offence to make acknowledgement of sex application without approval 175\n\n70R Application by registrable offender or other person for approval of Chief Commissioner of Police 175\n\n70S Approval by Chief Commissioner of Police of the making of acknowledgement of sex application 175\n\n70T Copy of approval or refusal of Chief Commissioner of Police 176\n\n70U Lapse of application where registrable offender ceases to be a registrable offender 177\n\n70V Registrable offender who is also subject to a supervision or detention order 177\n\n70W Registrable offender who is also a prisoner on parole 177\n\nPart 5D—Authorised disclosures of information to affected persons 179\n\n70X Definitions for this Part 179\n\n70Y Chief Commissioner of Police may disclose certain information to affected persons 182\n\n70Z Disclosure considerations 183\n\n70ZA Specified information 183\n\n70ZB Affected person may nominate contact preferences and representative 185\n\n70ZC Secretary may give Chief Commissioner of Police information included in victims register 186\n\n70ZD Record of contact preferences and details 186\n\n70ZE Obligation to maintain confidentiality of information disclosed—affected person or affected person's representative 187\n\n70ZF Obligation to maintain confidentiality—authorised persons and third parties 187\n\n70ZG Offence to publish information disclosed under this Part 188\n\n70ZH Part does not create rights to information or consultation 189\n\nPart 6—Other matters 190\n\n71 Exclusion of liability 190\n\n71A Disclosure of personal information—supervising authorities 190\n\n72 Effect of spent convictions 190\n\n73 Certificate concerning evidence 191\n\n73A Transitional provisions—Sex Offenders Registration (Amendment) Act 2005 191\n\n73B Transitional provision—Justice Legislation (Further Amendment) Act 2006 192\n\n73C Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008 192\n\n73D Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 193\n\n73E Transitional provisions—Sex Offenders Registration Amendment Act 2014 194\n\n73F Transitional provisions—Sex Offenders Registration Amendment Act 2016 196\n\n73G Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016 196\n\n73J Saving of orders continued in effect after commencement by Serious Offenders Act 2018 197\n\n73K Transitional provision—Firearms and Other Acts Amendment Act 2021—Application for registration exemption order 197\n\n74 Supreme Court—limitation of jurisdiction 198\n\n74A Rules of court 198\n\n75 Regulations 198\n\n75A Transitional provisions—Corrections Legislation Amendment Act 2025 203\n\n75B Savings provision—Justice Legislation Amendment (Police and Other Matters) Act 2025 203\n\nSchedules 205\n\nSchedule 1—Class 1 offences 205\n\nSchedule 2—Class 2 offences 209\n\nSchedule 3—Class 3 offences 222\n\nSchedule 4—Class 4 offences 224\n\nSchedule 5—Specified offences 227\n\nSchedule 6—Transitional provisions—Corrections Legislation Amendment Act 2025 231\n\nEndnotes 235\n\n1 General information 235\n\n2 Table of Amendments 237\n\n3 Explanatory details 245\n\n**Version No.** **078**\n\n**Sex Offenders Registration Act 2004**\n\n**No. 56 of 2004**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":3},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"Part 1—Preliminary matters\n\n","sortOrder":4},{"sectionNumber":"1","sectionType":"section","heading":"Purpose and outline","content":"\t1 Purpose and outline\n\n(1) The purpose of this Act is—\n\n(a) to require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time—\n\n(i) to reduce the likelihood that they will re-offend; and\n\nS. 1(1)(a)(ii) amended by No. 3/2019 s. 47.\n\n(ii) to facilitate the investigation and prosecution of any offences that they may commit;\n\nS. 1(1)(b) amended by No. 25/2017 s. 23.\n\n(b) to prevent registrable offenders working in child-related employment;\n\nS. 1(1)(c) amended by Nos 82/2012 s. 129(1), 21/2016 ss 4(1)(a), 13.\n\n(c) to empower the IBAC to monitor compliance with Parts 3 and 4 of this Act;\n\nS. 1(1)(d) inserted by No. 21/2016 s. 4(1)(b).\n\n(d) to provide for the making of prohibition orders to prevent registrable offenders engaging in certain conduct.\n\n(2) In outline this Act—\n\n(a) provides for the establishment of a Register of Sex Offenders; and\n\n(b) requires certain offenders who are sentenced for registrable offences on or after 1 October 2004 to report specified personal details for inclusion in the Register (and extends this requirement to certain offenders sentenced for registrable offences before that date); and\n\n(c) enables the sentencing court to order juvenile offenders and offenders who commit certain sexual offences against adult victims to comply with the reporting obligations of the Act; and\n\n(d) requires those offenders to keep those details up to date, to report those details annually and to also report certain of their travel plans; and\n\n(e) imposes those reporting obligations for a period of between 4 years and life, depending on the number, severity and timing of the offences committed, and the age of the offender at the time an offence was committed; and\n\n(f) allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and\n\nS. 1(2)(g) amended by No. 25/2017 s. 23.\n\n(g) makes it an offence for registrable offenders to work in child-related employment; and\n\nS. 1(2)(h) amended by Nos 82/2012 s. 129(2), 21/2016 ss 4(2)(a), 13.\n\n(h) empowers the IBAC to monitor compliance with Parts 3 and 4 of this Act;\n\nS. 1(2)(i) inserted by No. 21/2016 s. 4(2)(b).\n\n(i) provides for the making of prohibition orders to prevent registrable offenders engaging in certain conduct.\n\n","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act comes into operation on 1 October 2004.\n\nS. 3 amended by No. 25/2017 s. 24(2) (ILA s. 39B(1)).\n\n","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *acknowledge-ment of sex application* inserted by No. 25/2019 s. 35(b).\n\n***acknowledgement of sex application*** means an application—\n\n(a) under section 30A or 30E of the **Births, Deaths and Marriages Registration Act 1996**; or\n\n(b) under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;\n\n***child*** means any person who is under the age of 18 years;\n\n***Class 1 offence*** means an offence listed in Schedule 1;\n\n***Class 2 offence*** means an offence listed in Schedule 2;\n\nS. 3(1) def. of *Class 3 offence* substituted by No. 34/2005 s. 4(1).\n\n***Class 3 offence*** has the meaning set out in section 8(1);\n\nS. 3(1) def. of *Class 4 offence* substituted by No. 34/2005 s. 4(1).\n\n***Class 4 offence*** has the meaning set out in section 8(2);\n\nS. 3(1) def. of *community service order* amended by Nos 48/2006 s. 42(Sch. item 33.1), 65/2011 s. 107(Sch. items 12.1, 12.2), 32/2013 s. 60.\n\n***community service order*** means—\n\n(a) an order under Division 3 of Part 3 of the **Sentencing Act 1991** to which a program condition referred to in section 38(1)(b) or (d) is attached (as in force before the commencement of section 21 of the **Sentencing Amendment (Community Correction Reform) Act 2011**); or\n\n(ab) an order under Part 3A of the **Sentencing Act 1991** to which one or more conditions referred to in section 48D, 48E, 48F, 48G, 48H, 48I or 48K or a requirement under section 48LA of the **Sentencing Act 1991** is attached; or\n\n(b) a youth attendance order within the meaning of the **Children, Youth and Families Act 2005**; or\n\n(c) a youth supervision order within the meaning of the **Children, Youth and Families Act 2005** where the person is required to engage in community service activities by a direction under section 389(1)(g) of that Act;\n\nS. 3(1) def. of *contact* inserted by No. 82/2014 s. 3(1).\n\n***contact***—see section 4A;\n\n***corresponding Act*** means a law of a foreign jurisdiction—\n\n(a) that provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and\n\n(b) that the regulations state is a corresponding Act for the purposes of this Act;\n\nS. 3(1) def. of *correspond-ing prohibition order* inserted by No. 21/2016 s. 5(a).\n\n***corresponding prohibition order*** means an order that—\n\n(a) is made under a corresponding prohibition order Act; and\n\n(b) substantially corresponds to a final prohibition order;\n\nS. 3(1) def. of *correspond-ing prohibition order Act* inserted by No. 21/2016 s. 5(a).\n\n***corresponding prohibition order Act*** means a law of another State or a Territory—\n\n(a) that provides for the making of orders restricting behaviour of corresponding registrable offenders who have committed specified offences; and\n\n(b) that is prescribed as a corresponding prohibition order Act for the purposes of this Act;\n\n***corresponding registrable offence*** means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act;\n\n***corresponding registrable offender*** has the meaning set out in section 9;\n\n***corresponding registrar*** means the person whose duties and functions under a corresponding Act most closely correspond to the duties and functions of the Chief Commissioner of Police under this Act;\n\n***corresponding sex offender registration order*** means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding sex offender registration order for the purposes of this Act;\n\nS. 3(1) def. of *court* amended by No. 21/2016 s. 5(b).\n\n***court***, except in Part 4A, includes a court (however described) of a foreign jurisdiction;\n\nS. 3(1) def. of *detainee* substituted by No. 82/2014 s. 3(2).\n\n***detainee*** means a person detained in a youth justice centre or youth residential centre within the meaning of the **Children, Youth and Families Act 2005**;\n\nS. 3(1) def. of *detention order* inserted by No. 28/2025 s. 23(1).\n\n***detention order*** has the same meaning as in the **Serious Offenders Act 2018**;\n\nS. 3(1) def. of *Director* inserted by No. 79/2004 s. 100(1)(a), amended by No. 34/2008 s. 143(Sch. 2 item 10.1), repealed by No. 82/2012 s. 130(3).\n\nS. 3(1) def. of *disability* substituted by No. 16/2010 s. 209(Sch. item 8) (as amended by No. 26/2011 s. 34(Sch. item 10.3)).\n\n***disability*** has the same meaning as it has in the **Equal Opportunity Act 2010**;\n\nThe meaning of ***disability*** is affected by section 5(2).\n\nS. 3(1) def. of *eligible offender* inserted by No. 28/2025 s. 23(1).\n\n***eligible offender*** has the same meaning as in the **Serious Offenders Act 2018**;\n\nS. 3(1) def. of *existing controlled registrable offender* substituted by No. 79/2006 s. 53(1), amended by Nos 55/2014 s. 152(1)(a), 82/2014 s. 3(3).\n\n***existing controlled registrable offender*** means a person who, as a result of having been sentenced for a registrable offence committed when he or she was 18 years of age or older, was immediately before 1 October 2004—\n\n(a) an inmate; or\n\n(b) a person detained in a youth training centre or youth residential centre within the meaning of the **Children and Young Persons Act 1989**; or\n\n(c) a forensic patient detained in custody under a custodial supervision order made under section 26 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; or\n\n(d) serving a sentence referred to in section 6C(1) of the **Corrections Act 1986**; or\n\n(e) serving an order referred to in paragraph (a) of the definition of ***community service order*** in section 3; or\n\n(f) serving an order referred to in paragraph (a) of the definition of ***good behaviour bond*** in section 3 under which the person is required to submit to strict supervision;\n\n(g) serving a non-custodial supervision order made under section 26 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; or\n\n(h) in custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a), (b) or (c) or serving a sentence imposed or order made under the laws of a foreign jurisdiction that is equivalent to a sentence or order referred to in paragraph (d), (e), (f) or (g);\n\n***existing licensee*** means a person who under section 6C of the **Corrections Act 1986** is not regarded as being in the Secretary's legal custody and includes a person who has a similar status under the laws of a foreign jurisdiction;\n\nS. 3(1) def. of *final prohibition order* inserted by No. 21/2016 s. 5(a).\n\n***final prohibition order*** means an order made under section 66I;\n\n***fingerscan*** means fingerprints taken by means of a device to obtain a record of the fingerprints;\n\n***finding of guilt***—see section 4;\n\n***foreign jurisdiction*** means a jurisdiction other than Victoria (including jurisdictions outside Australia);\n\n***foreign witness protection law*** means a law of a foreign jurisdiction that provides for the protection of witnesses;\n\n***forensic patient*** has the same meaning as in the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\nS. 3(1) def. of *forensic resident* inserted by No. 34/2005 s. 4(2).\n\n***forensic resident*** has the same meaning as in the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\nS. 3(1) def. of *good behaviour bond* amended by Nos 48/2006 s. 42(Sch. item 33.2), 65/2011 s. 107(Sch. item 12.3), 26/2012 s. 78.\n\n***good behaviour bond*** means—\n\n(a) an order under Subdivision (2) or (3) of Division 1 of Part 3BA of the **Sentencing Act 1991** for the release of an offender on an adjournment (with or without recording a conviction); or\n\n(b) a bond under section 367 of the **Children, Youth and Families Act 2005**;\n\nS. 3(1) def. of *government custody* amended by Nos 34/2005 s. 4(3), 69/2005 s. 30(a), 26/2014 s. 455(Sch. item 27.1(a)), 55/2014 s. 152(1)(b), 25/2017 s. 24(1), 39/2022 s. 870(a).\n\n***government custody*** means—\n\n(a) custody as—\n\n(i) an inmate; or\n\n(ii) a detainee; or\n\n(iii) a forensic patient under a custodial supervision order made under section 26 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** who is not under a grant of extended leave under section 57 of that Act; or\n\n(iv) a forensic resident under a custodial supervision order made under section 26 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** who is not under a grant of extended leave under section 57 of that Act; or\n\n(iva) a person detained in a residential treatment facility in accordance with a residential treatment order made under section 82AA of the **Sentencing Act 1991**; or\n\n(ivb) a child placed in a secure welfare service in accordance with section 173(2)(b) of the **Children, Youth and Families Act 2005**; or\n\n(v) a security patient subject to a Court Secure Treatment Order within the meaning of the **Sentencing Act 1991**; or\n\n(vi) a security patient subject to a Secure Treatment Order within the meaning of the **Mental Health and Wellbeing Act 2022**; or\n\n(ix) a security patient taken to another designated mental health service under section 555 or 556 of the **Mental Health and Wellbeing Act 2022**; or\n\n(b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a);\n\nS. 3(1) def. of *guardianship order* inserted by No. 21/2016 s. 5(a), amended by No. 13/2019 s. 221(Sch. 1 item 48).\n\n***guardianship order***  has the same meaning as in the **Guardianship and Administration Act 2019**;\n\nS. 3(1) def. of *IBAC* inserted by No. 82/2012 s. 130(2).\n\n***IBAC***  has the same meaning as it has in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC Commiss-ioner* inserted by No. 82/2012 s. 130(2).\n\n***IBAC Commissioner*** means the ***Commissioner*** within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***inmate*** means a person who under Part 1A of the **Corrections Act 1986** is deemed to be in the legal custody of the Secretary or the Chief Commissioner of Police;\n\nS. 3(1) def. of *interim prohibition order* inserted by No. 21/2016 s. 5(a).\n\n***interim prohibition order*** means an order made under section 66E;\n\nS. 3(1) def. of *involuntary patient* inserted by No. 34/2005 s. 4(2), substituted by No. 26/2014 s. 455(Sch. item 27.1(b)), amended by No. 39/2022 s. 870(b), repealed by No. 55/2025 s. 63(2).\n\n***New South Wales Act*** means the Child Protection (Offenders Registration) Act 2000 of New South Wales;\n\n***New South Wales registrable offender*** has the meaning set out in section 10;\n\nS. 3(1) def. of *parent* inserted by No. 55/2025 s. 63(1).\n\n***parent***, of a child,  includes a person who has parental responsibility for the child;\n\nS. 3(1) def. of *parental responsibility* inserted by No. 55/2025 s. 63(1).\n\n***parental responsibility*** has the same meaning as in section 3(1) of the **Children, Youth and Families Act 2005**;\n\n***parole*** means an order referred to in section 74 of the **Corrections Act 1986** and includes any equivalent order made under the laws of a foreign jurisdiction;\n\n***personal details*** means the information listed in section 14(1);\n\n***personal information*** means information about an individual whose identity is apparent or can reasonably be ascertained from the information;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 154.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Police Ombudsman* repealed by No. 79/2004 s. 100(1)(b).\n\nS. 3(1) def. of *prohibition order* inserted by No. 21/2016 s. 5(a).\n\n***prohibition order*** means an interim prohibition order or a final prohibition order;\n\nS. 3(1) def. of *publish* inserted by No. 55/2025 s. 63(1).\n\n***publish*** means disseminate or provide access to the public or a section or member of the public by any means, including by—\n\n(a) publication in a book, newspaper, magazine or other written publication; or\n\n(b) broadcast by radio or television; or\n\n(c) public exhibition; or\n\n(d) broadcast or electronic communication;\n\nS. 3(1) def. of *Register* amended by No. 20/2015 s. 13.\n\n***Register*** means the Register of Sex Offenders established, or arranged to be established, under section 62;\n\n***registrable offence*** has the meaning set out in section 7;\n\n***registrable offender*** has the meaning set out in section 6;\n\nS. 3(1) def. of *Registrar* inserted by No. 25/2019 s. 35(b).\n\n***Registrar*** means—\n\n(a) the Victorian Registrar; or\n\n(b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;\n\nS. 3(1) def. of *registration exemption order* inserted by No. 25/2017 s. 4.\n\n***registration exemption order*** means an order made under section 11B;\n\nS. 3(1) def. of *registration order* inserted by No. 21/2016 s. 5(a).\n\n***registration order*** means an order made under section 66ZR for the registration of a corresponding prohibition order;\n\nS. 3(1) def. of *reporting obligations* amended by No. 28/2025 s. 23(2).\n\n***reporting obligations***, in relation to a registrable offender, means the obligations imposed on the registrable offender by this Act;\n\n***reporting period*** means the period, as determined under Division 5 of Part 3, during which a registrable offender must comply with his or her reporting obligations;\n\n***Secretary*** has the same meaning as in the **Corrections Act 1986**;\n\nS. 3(1) def. of *security patient* inserted by No. 34/2005 s. 4(2), amended by Nos 26/2014 s. 455(Sch. item 27.1(c)), 39/2022 s. 870(c).\n\n***security patient*** has the same meaning as in the **Mental Health and Wellbeing Act 2022**;\n\nS. 3(1) def. of *sentence* amended by Nos 34/2005 s. 4(4)(a)(b), 69/2005 s. 30(b), 48/2006 s. 42(Sch. item 33.3(a)), 68/2009 s. 97(Sch. item 112.1), 55/2014 s. 152(1)(c)(d).\n\n***sentence*** includes—\n\n(a) a sentence within the meaning of the **Criminal Procedure Act 2009** or the **Children, Youth and Families Act 2005**, including an order for the adjournment of a proceeding under section 59 of the **Criminal Procedure Act 2009**; and\n\n(ab) a declaration under section 18(4)(a) or 23(a) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** that the accused is liable to supervision under Part 5 of that Act; and\n\n(aba) a declaration under section 38Y(4)(a) or 38ZD(1)(a) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** that the child is liable to supervision under Division 5 of Part 5A of that Act; and\n\n(ac) an order that the accused be released unconditionally made under section 18(4)(b), 23(b), 38Y(4)(b) or 38ZD(1)(b) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; and\n\n(ad) an order made under section 93 of the **Sentencing Act 1991**; and\n\n(b) any order made under the laws of a foreign jurisdiction that is equivalent to an order referred to in paragraph (a);\n\nS. 3(1) def. of *serious sex offence* inserted by No. 28/2025 s. 23(1).\n\n***serious sex offence*** has the same meaning as in the **Serious Offenders Act 2018**;\n\n***sex offender registration order*** means an order made under section 11 and includes a corresponding sex offender registration order;\n\nS. 3(1) def. of *specified offence* inserted by No. 25/2017 s. 4.\n\n***specified offence*** means a Class 1 or Class 2 offence referred to in Schedule 5;\n\nS. 3(1) def. of *strict government custody* repealed by No. 34/2005 s. 4(5).\n\nS. 3(1) def. of *strict supervision* substituted by No. 44/2021 s. 25.\n\n***strict supervision*** means supervision by—\n\n(a) the Secretary; or\n\n(b) a person employed within the Department of Justice and Community Safety; or\n\n(c) an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a) or (b);\n\nS. 3(1) def. of *supervised sentence* amended by Nos 34/2005 s. 4(6), 48/2006 s. 42(Sch. item 33.3(b)), 26/2014 s. 455(Sch. item 27.1(d)), 55/2014 s. 152(1)(e).\n\n***supervised sentence*** means—\n\n(a) a sentence referred to in section 6C(1) of the **Corrections Act 1986**; or\n\n(b) a community service order; or\n\n(c) a good behaviour bond under which the person is required to submit to strict supervision; or\n\n(ca) an order referred to in section 360(1) of the **Children, Youth and Families Act 2005** under which the child is required to submit to strict supervision; or\n\n(d) a non-custodial supervision order made under section 26(2)(b) or 38ZH(5)(b) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\nS. 3(1) def. of *supervising authority* substituted by No. 79/2006 s. 53(2), amended by No. 82/2012 s. 130(1).\n\n***supervising authority*** means—\n\n(a) the Secretary in relation to an offender serving—\n\n(i) a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence; or\n\n(ii) an order referred to in paragraph (a) of the definition of ***good behaviour bond*** in section 3 under which the person is required to submit to strict supervision; and\n\n(b) the entity deemed by the regulations for the purposes of this definition to have custody of, or to be responsible for supervising, the class of offender to which any other offender belongs;\n\nS. 3(1) def. of *supervision order* inserted by No. 28/2025 s. 23(1).\n\n***supervision order*** has the same meaning as in the **Serious Offenders Act 2018**;\n\nS. 3(1) def. of *sworn IBAC Officer* inserted by No. 82/2012 s. 130(2), amended by No. 25/2019 s. 35(a).\n\n***sworn IBAC Officer*** has the same meaning as it has in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *Victorian Registrar* inserted by No. 25/2019 s. 35(b).\n\n***Victorian Registrar*** means the Registrar of Births, Deaths and Marriages under the **Births, Deaths and Marriages Registration Act 1996**.\n\nS. 3(2) inserted by No. 25/2017 s. 24(2).\n\n(2) A person who, on the day of commencement of section 24 of the **Sex Offenders Registration Amendment (Miscellaneous) Act 2017**, is a person described in paragraph (iva) or (ivb) of the definition of ***government custody*** is taken to have entered government custody on that day.\n\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of finding of guilt","content":"\t4 Meaning of finding of guilt\n\n(1) For the purposes of this Act, a reference to a finding of guilt in relation to an offence (however expressed) committed by a person is a reference to any of the following—\n\n(a) a court making a formal finding of guilt in relation to the offence;\n\n(b) a court accepting a plea of guilty from the person in relation to the offence;\n\n(c) a court accepting an admission made under and for the purposes of section 100 of the **Sentencing Act 1991**, or under equivalent provisions of the laws of a foreign jurisdiction;\n\nS. 4(1)(d) amended by No. 55/2014 s. 152(2).\n\n(d) a finding in relation to the offence under section 17(1)(b) or (c) or section 38X(1)(b) or (c) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** or under section 17(1)(c) or 38X(1)(c) of that Act in relation to an offence available as an alternative or a finding under that Act of not guilty because of mental impairment, or a finding under equivalent provisions of the laws of a foreign jurisdiction.\n\n(2) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.\n\nS. 4A inserted by No. 82/2014 s. 4.\n\n","sortOrder":8},{"sectionNumber":"4A","sectionType":"section","heading":"When does a registrable offender have contact with a child?","content":"\t4A When does a registrable offender have contact with a child?\n\nFor the purposes of this Act, a registrable offender has contact with a child if the offender—\n\n(a) resides with the child; or\n\n(b) stays overnight at a place of residence where the child resides or is staying overnight; or\n\n(c) cares for, or supervises, the child; or\n\n(d) provides the offender's contact details to the child or receives the child's contact details from the child; or\n\nS. 4A(e) amended by No. 37/2022 s. 3.\n\n(e) engages in any of the following with the child for the purpose of forming or maintaining a personal relationship with the child—\n\n(i) any form of actual physical contact;\n\n(ii) any form of oral communication (whether face to face, by telephone or by use of the internet);\n\n(iii) any form of written communication (whether electronic or otherwise).\n\n","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Other reference provisions","content":"\t5 Other reference provisions\n\n(1) For the purposes of this Act, offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person.\n\n(2) For the purposes of this Act and without limiting the meaning of ***disability*** given by section 3, a person has a disability if he or she is a forensic patient or a forensic resident within the meaning of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\n(3) A reference to doing a thing \"in person\" in this Act is a reference to doing the thing by personal attendance at a place—it is not sufficient to attend the place by telephone or by any other electronic means.\n\nS. 5A inserted by No. 55/2025 s. 62.\n\n","sortOrder":10},{"sectionNumber":"5A","sectionType":"section","heading":"Act binds the Crown","content":"\t5A Act binds the Crown\n\nThis Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"Offenders to whom Act applies","content":"Part 2—Offenders to whom Act applies\n\nPt 2 Div. 1 (Heading) inserted by No. 25/2017 s. 5.\n\n","sortOrder":12},{"sectionNumber":"Div 1","sectionType":"division","heading":"Registrable offenders","content":"Division 1—Registrable offenders\n\n","sortOrder":13},{"sectionNumber":"6","sectionType":"section","heading":"Who is a registrable offender?","content":"\t6 Who is a registrable offender?\n\nS. 6(1) amended by No. 25/2017 s. 25(1).\n\n(1) Subject to subsections (4) to (6), a registrable offender is a person whom a court has at any time (whether before, on or after 1 October 2004) sentenced for a registrable offence.\n\n1 ***Sentence*** is broadly defined in section 3.\n\n2 This Act applies to persons sentenced by a court of a foreign jurisdiction for certain offences under the law of that jurisdiction—see the definition of ***court*** in section 3 and see section 7 for the definition of ***registrable offence***.\n\n3 This Act applies to certain people who are registrable offenders for the purposes of equivalent laws outside Victoria, even though they are not registrable offenders under this Act—see section 15.\n\nNote 4 to s. 6(1) inserted by No. 34/2005 s. 5, amended by Nos 79/2006 s. 54(1), 55/2009 s. 48(1), 37/2022 s. 9(1).\n\n4 The effect of this Act is that any adult offender sentenced at any time (including before 1 October 2004 and still serving the sentence immediately before that date) for a Class 1 or Class 2 offence must comply with the reporting obligations of Part 3.\n\nS. 6(1A) inserted by No. 25/2017 s. 25(2).\n\n(1A) Subject to subsection (5), a person who is subject to a sex offender registration order made under section 11(9) is also a registrable offender.\n\nS. 6(2) amended by No. 25/2017 s. 6(1).\n\n(2) Subject to subsection (2B), a person who is—\n\n(a) a corresponding registrable offender; or\n\n(b) a New South Wales registrable offender—\n\nis also a registrable offender.\n\nS. 6(2A) inserted by No. 25/2017 s. 6(2).\n\n(2A) A person is not a registrable offender merely because the person committed a specified offence for which the person has been sentenced if a court declares, by order made under section 11B, that the person is not a registrable offender in respect of that offence.\n\nA person may become a registrable offender in respect of another offence—see section 11E(3).\n\nS. 6(2B) inserted by No. 25/2017 s. 6(2).\n\n(2B) A person is not a registrable offender merely because the person is a corresponding registrable offender or a New South Wales registrable offender in respect of a specified offence committed in Victoria if a court declares, by order made under section 11B, that the person is not a registrable offender in respect of that offence.\n\nS. 6(3) amended by Nos 48/2006 s. 42(Sch. item 33.4), 52/2007 s. 13, repealed by No. 25/2017 s. 25(3).\n\n(4) Unless he or she is a registrable offender because of subsection (2) or is an existing controlled registrable offender, a person is not a registrable offender merely because he or she was sentenced for a registrable offence before 1 October 2004.\n\n(5) A person is also not a registrable offender if he or she is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.\n\n(6) A person ceases to be a registrable offender if—\n\n(a) his or her finding of guilt in respect of the only registrable offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or\n\nS. 6(6)(b) amended by No. 55/2009 s. 48(2).\n\n(b) his or her sentence in respect of that offence is reduced or altered so that he or she would have been a person described in subsection (3)(b) had the amended sentence been the original sentence; or\n\n(c) he or she is a registrable offender only because he or she is subject to a sex offender registration order and that order is quashed on appeal.\n\n(7) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or sex offender registration order.\n\nS. 6(8) amended by No. 34/2005 s. 6(1), repealed by No. 55/2009 s. 48(3).\n\nNote to s. 6(8) inserted by No. 34/2005 s. 6(2), repealed by No. 55/2009 s. 48(4).\n\n","sortOrder":14},{"sectionNumber":"7","sectionType":"section","heading":"What is a registrable offence?","content":"\t7 What is a registrable offence?\n\n(1) A registrable offence is—\n\nS. 7(1)(a) amended by No. 25/2017 s. 26(1).\n\n(a) a Class 1 offence committed as an adult; or\n\nS. 7(1)(b) amended by No. 25/2017 s. 26(1).\n\n(b) a Class 2 offence committed as an adult; or\n\n(c) an offence that results in the making of a sex offender registration order.\n\nNote to s. 7(1) inserted by No. 25/2017 s. 26(2).\n\nAny other offence committed as an adult or an offence committed as a child may result in the making of a sex offender registration order under section 11(1), (1A), (2) or (2A).\n\n(2) Schedule 1 lists the offences that are Class 1 offences for the purposes of this Act.\n\nS. 7(3) amended by No. 37/2022 s. 9(2).\n\n(3) Schedule 2 lists the offences that are Class 2 offences for the purposes of this Act.\n\nS. 8 (Heading) amended by No. 37/2022 s. 9(3).\n\nS. 8 substituted by No. 34/2005 s. 7.\n\n","sortOrder":15},{"sectionNumber":"8","sectionType":"section","heading":"What are Class 3 and Class 4 offences?","content":"\t8 What are Class 3 and Class 4 offences?\n\n(1) A Class 3 offence is an offence listed in Schedule 3 committed against a person other than a child by a person who is (whether because of, or apart from, that offence) a serious sexual offender for the purposes of this section.\n\n(2) A Class 4 offence is an offence listed in Schedule 4 committed against a person other than a child by a person who is (whether because of, or apart from, that offence) a serious sexual offender for the purposes of this section.\n\n(3) For the purposes of this section a person is a serious sexual offender if he or she has at any time (whether before, on or after 1 October 2004) been sentenced by a court for 2 or more offences listed in a Schedule to this Act whether—\n\n(a) in the one trial or hearing; or\n\n(b) in different trials or hearings held at different times; or\n\nS. 8(3)(c) amended by No. 68/2009 s. 97(Sch. item 112.2).\n\n(c) in separate trials of different charges in the one indictment.\n\nThe term ***serious sexual offender*** is also defined in section 6B of the **Sentencing Act 1991** for the purposes of Part 2A of that Act. However, the term is differently defined in that Act.\n\nS. 9 substituted by No. 34/2005 s. 8.\n\n","sortOrder":16},{"sectionNumber":"9","sectionType":"section","heading":"Who is a corresponding registrable offender?","content":"\t9 Who is a corresponding registrable offender?\n\n(1) A corresponding registrable offender is a person who—\n\n(a) had at any time (whether before, on or after the commencement of section 8 of the **Sex Offenders Registration (Amendment) Act 2005**) been in a foreign jurisdiction and at that time had been required to report to the corresponding registrar in that jurisdiction; and\n\n(b) would, if he or she were currently in that jurisdiction, be still required to report to that corresponding registrar.\n\n(2) A person referred to in subsection (1) is a corresponding registrable offender even if the offence in respect of which he or she is required to report in the foreign jurisdiction is not a registrable offence for the purposes of this Act.\n\n","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Who is a New South Wales registrable offender?","content":"\t10 Who is a New South Wales registrable offender?\n\nA New South Wales registrable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person who falls within a class of person whom the regulations prescribe not to be a New South Wales registrable offender for the purposes of this Act.\n\n","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Sex offender registration order","content":"\t11 Sex offender registration order\n\nS. 11(1) amended by No. 82/2014 s. 5(1).\n\n(1) If a court finds a person guilty of an offence committed as an adult that is not a Class 1 or Class 2 offence (including an offence that is a Class 3 or Class 4 offence), it may order that the person comply with the reporting obligations of this Act.\n\nS. 11(1A) inserted by No. 25/2017 s. 27(1).\n\n(1A) On an application by a police officer, the Magistrates' Court may order that a person who is found guilty by a court of a foreign jurisdiction of an offence committed as an adult that is not a Class 1 or Class 2 offence (including a Class 3 or Class 4 offence) comply with the reporting obligations of this Act.\n\nS. 11(2) substituted by No. 25/2017 s. 27(2).\n\n(2) If a court finds a person guilty of an offence committed as a child (including a Class 1, Class 2, Class 3 or Class 4 offence), it may order that the person comply with the reporting obligations of this Act.\n\nS. 11(2A) inserted by No. 55/2009 s. 41, substituted by No. 25/2017 s. 27(2).\n\n(2A) On an application by a police officer, a court may order that a person who is found guilty by a court of a foreign jurisdiction of an offence committed as a child (including a Class 1, Class 2, Class 3 or Class 4 offence) comply with the reporting obligations of this Act.\n\nS. 11(2AB) inserted by No. 25/2017 s. 27(2).\n\n(2AB) An application under subsection (2A) must be made to—\n\n(a) the Magistrates' Court, if the person to whom the application relates is an adult; or\n\n(b) the Children's Court, if the person to whom the application relates is a child.\n\nS. 11(2B) inserted by No. 82/2014 s. 5(2), amended by No. 25/2017 s. 27(3).\n\n(2B) An order under subsection (2) or (2A), for any period during which the person is a child, may—\n\n(a) exempt the person from any particular reporting obligation; or\n\n(b) modify any particular reporting obligation.\n\nS. 11(3) amended by No. 34/2005 s. 9(1).\n\n(3) The court may only make an order under this section if, after taking into account any matter that it considers appropriate, it is satisfied, beyond reasonable doubt, that the person poses a risk to the sexual safety of one or more persons or of the community.\n\n(4) For the purposes of subsection (3), it is not necessary that the court be able to identify a risk to particular people, or a particular class of people.\n\nS. 11(5) amended by Nos 34/2005 s. 9(2)(a)(b), 48/2006 s. 42(Sch. item 33.5), 25/2017 s. 27(4).\n\n(5) The court may only make an order under this section if it or a court of a foreign jurisdiction has imposed a sentence in relation to the offence (other than an order referred to in section 360(1)(b), 360(1)(c) or 360(1)(d) of the **Children, Youth and Families Act 2005**).\n\nS. 11(6) amended by Nos 34/2005 s. 9(3), 82/2014 s. 5(3), 25/2017 s. 27(5).\n\n(6) The court may only make an order under this section (other than an order referred to in subsection (1A) or (2A)) if an application for the making of the order is made by the prosecution not later than 45 days after the sentence is imposed.\n\nS. 11(6A) inserted by No. 34/2005 s. 9(4).\n\n(6A) If an application for the making of an order under this section is made after the sentence is imposed and an appeal against the finding of guilt or sentence is made before that application is determined, that application must not be determined before the appeal is determined.\n\nS. 11(7) repealed by No. 34/2005 s. 10(1).\n\nS. 11(8) repealed by No. 25/2017 s. 27(6).\n\nS. 11(9) inserted by No. 32/2016 s. 43, amended by No. 27/2018 s. 365(1).\n\n(9) Despite anything to the contrary in this section, in the circumstances specified in section 341 of the **Serious Offenders Act 2018**, if an offender is not already a registrable offender under this Act, the court must make an order, in accordance with section 341 of that Act, that a person comply with the reporting obligations under this Act.\n\nS. 11(10) inserted by No. 32/2016 s. 43.\n\n(10) On the making of an order referred to in subsection (9)—\n\n(a) the offender is subject to that sex offender registration order; and\n\nS. 11(10)(b) amended by No. 25/2017 s. 27(7)(a).\n\n(b) the offender is subject to the reporting obligations under this Act for the period specified in the sex offender registration order, being a period of at least 15 years.\n\nS. 11(10)(c) repealed by No. 25/2017 s. 27(7)(b).\n\nS. 11(11) inserted by No. 25/2017 s. 27(8).\n\n(11) A registrable offender is subject to an order made under this section for the remainder of the registrable offender's life, regardless of the period for which the registrable offender must comply with the reporting obligations of this Act, unless the order is quashed or set aside by a court.\n\nPt 2 Div. 2 (Heading and ss 11A–11G) inserted by No. 25/2017 s. 7.\n\n","sortOrder":19},{"sectionNumber":"Div 2","sectionType":"division","heading":"Registration exemption orders","content":"Division 2—Registration exemption orders\n\nS. 11A inserted by No. 25/2017 s. 7.\n\n","sortOrder":20},{"sectionNumber":"11A","sectionType":"section","heading":"Application for registration exemption order","content":"\t11A Application for registration exemption order\n\n(1) Subject to this section, a person who has been found guilty by a court of a registrable offence that is a specified offence may apply for a registration exemption order in respect of the offence if the person—\n\n(a) at any time during the commission of the offence, was 18 or 19 years of age; and\n\n(b) at all times during the commission of the offence, was not more than 19 years of age.\n\n(2) A person may not apply for a registration exemption order if the person—\n\n(a) has been found guilty of another registrable offence that is not a specified offence; or\n\n(b) has been found guilty of another specified offence for which an application for a registration exemption order has been refused; or\n\n(c) was a registrable offender at the time the person committed the specified offence to which the application relates; or\n\n(d) is a corresponding registrable offender or a New South Wales registrable offender.\n\nS. 11A(3) amended by No. 44/2021 s. 26.\n\n(3) A person may not apply for a registration exemption order in respect of a specified offence against more than one victim unless the offence relates to the possession of child abuse material.\n\n(4) An application may relate to more than one specified offence if—\n\nS. 11A(4)(a) amended by No. 44/2021 s. 26.\n\n(a) each specified offence relates to the possession of child abuse material; or\n\n(b) each specified offence was committed against the same victim.\n\nS. 11B inserted by No. 25/2017 s. 7.\n\n","sortOrder":21},{"sectionNumber":"11B","sectionType":"section","heading":"Determination of application","content":"\t11B Determination of application\n\n(1) On the hearing of an application under section 11A, a court may, by order, declare that the applicant is not a registrable offender in respect of a specified offence if the court is satisfied on the balance of probabilities that—\n\n(a) at all times during the commission of the specified offence—\n\n(i) any victim of the offence is of or over the age of 14 years; or\n\n(ii) any person depicted or described in any material to which the offence relates is of or over the age of 14 years; and\n\n(b) the applicant poses no risk or a low risk to the sexual safety of one or more persons or of the community, having regard to—\n\n(i) the seriousness of the specified offence; and\n\n(ii) the ages of the applicant and any victim of the specified offence at the time of the commission of the specified offence; and\n\n(iii) whether any victim of the specified offence was under the care, supervision or authority of the applicant at the time of the specified offence; and\n\n(iv) whether any victim of the specified offence had a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the **Crimes Act 1958** at the time of the commission of the specified offence; and\n\n(v) where the application relates to more than one specified offence—the number and nature of those specified offences, including whether the specified offences arose out of the same set of circumstances; and\n\n(vi) any other matter that the court considers relevant; and\n\n(c) but for the specified offence, the applicant would not be a registrable offender.\n\n(2) A court must refuse to make an order under subsection (1) if not satisfied as required by subsection (1).\n\n(3) A court may not make an order under subsection (1) in respect of an application referred to in section 11A(2) or (3).\n\n(4) For the purposes of subsection (1)(b), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person.\n\n(5) In deciding whether to make an order under subsection (1), the court must take into account any submissions made by the Chief Commissioner of Police under section 11F.\n\n(6) An order under subsection (1) may relate to one or more specified offences.\n\n(7) An order under subsection (1) must contain the information, if any, prescribed by the rules of court.\n\nS. 11C inserted by No. 25/2017 s. 7.\n\n","sortOrder":22},{"sectionNumber":"11C","sectionType":"section","heading":"When application may be made","content":"\t11C When application may be made\n\nAn application under section 11A may be made not later than 6 months after the day on which the applicant is first given notice under section 50 or 54 of the applicant's reporting obligations.\n\nS. 11D inserted by No. 25/2017 s. 7.\n\n","sortOrder":23},{"sectionNumber":"11D","sectionType":"section","heading":"How application is made","content":"\t11D How application is made\n\n(1) An application under section 11A is made by filing with the relevant court referred to in subsection (2) a document in writing—\n\n(a) stating the grounds on which the application is made; and\n\n(b) containing the information, if any, prescribed by the rules of court.\n\n(2) An application under section 11A is to be made—\n\n(a) to the court that imposed the sentence at first instance for the specified offence to which the application relates; or\n\n(b) if the application relates to more than one specified offence, to the court of the highest jurisdiction that imposed a sentence at first instance for any of the specified offences; or\n\n(c) to the Magistrates' Court, if the application relates to a specified offence for which the applicant was sentenced by a court in a foreign jurisdiction.\n\n(3) A copy of an application must be served by the applicant on the Chief Commissioner of Police as soon as practicable after the application is filed.\n\nS. 11E inserted by No. 25/2017 s. 7.\n\n","sortOrder":24},{"sectionNumber":"11E","sectionType":"section","heading":"Effect of registration exemption order","content":"\t11E Effect of registration exemption order\n\n(1) On the making of a registration exemption order, the person in respect of whom the order is made ceases to be a registrable offender for the purposes of this Act.\n\n(2) Nothing in this Division affects—\n\n(a) any obligation or prohibition that applies to a registrable offender for any period during which the person is a registrable offender; or\n\n(b) the consequences of a failure to comply with an obligation or prohibition referred to in paragraph (a).\n\n(3) A registration exemption order does not prevent a person becoming a registrable offender if—\n\n(a) the person is sentenced for another registrable offence in respect of which no registration exemption order is made; or\n\n(b) the person becomes a corresponding registrable offender or a New South Wales registrable offender in respect of an offence other than an offence to which the registration exemption order relates.\n\nS. 11F inserted by No. 25/2017 s. 7.\n\n","sortOrder":25},{"sectionNumber":"11F","sectionType":"section","heading":"Chief Commissioner of Police is party to application","content":"\t11F Chief Commissioner of Police is party to application\n\nThe Chief Commissioner of Police is a party to an application under section 11A and may make any submission to the court in respect of the application.\n\nS. 11G inserted by No. 25/2017 s. 7.\n\n","sortOrder":26},{"sectionNumber":"11G","sectionType":"section","heading":"Admissibility of evidence in hearing of application","content":"\t11G Admissibility of evidence in hearing of application\n\n(1) Without limiting any other evidence that may be adduced, the following is admissible as evidence in the hearing of an application under section 11A—\n\n(a) the transcript or other record of the evidence given by a victim in the trial or sentencing hearing of the applicant for a specified offence to which the application relates;\n\n(b) a victim impact statement tendered in the sentencing hearing of the applicant for a specified offence to which the application relates.\n\n(2) A court must not grant leave to cross‑examine a victim referred to in subsection (1) in the hearing of an application under section 11A.\n\nPart 3—Reporting obligations\n\nDivision 1—Initial report\n\n\t12 When the report must be made\n\n(1) A registrable offender of a kind referred to in column 1 of the Table must report his or her personal details to the Chief Commissioner of Police within the period specified in relation to him or her in column 2 of the Table—\n\nS. 12(1) (Table) amended by Nos 55/2009 s. 44(1)(2), 32/2016 s. 44.\n\n**TABLE**\n\n| *Column 1* | *Column 2* |\n| *Registrable Offender* | *Period for Initial Report* |\n| A registrable offender (other than a corresponding registrable offender) who enters government custody in Victoria on or after 1 October 2004 as a consequence of having been sentenced for a registrable offence and who ceases to be in government custody whilst in Victoria | Within 7 days after he or she ceases to be in government custody |\n| A registrable offender (other than a corresponding registrable offender) in government custody in Victoria immediately before 1 October 2004 and who ceases to be in government custody whilst in Victoria | Within 7 days after he or she ceases to be in government custody |\n| A registrable offender (other than a corresponding registrable offender) who is in Victoria on 1 October 2004, but who is not in government custody at that time | Within 45 days after 1 October 2004 |\n| Any other registrable offender who is sentenced for a registrable offence in Victoria | Within 7 days after he or she is sentenced for the registrable offence |\n| A registrable offender who enters Victoria from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Chief Commissioner of Police | Within 7 days after entering and remaining in Victoria for 14 or more consecutive days, not counting any days spent in government custody |\n| A corresponding registrable offender who has not previously reported his or her personal details to the Chief Commissioner of Police and who is in Victoria on the date on which he or she becomes a corresponding registrable offender | Within 7 days after he or she becomes a corresponding registrable offender or 7 days after he or she ceases to be in government custody, whichever is the later |\n| A registrable offender referred to in section 11(9) and (10) | Within 7 days after the order referred to in section 11(9) is made |\n\n(2) Despite subsection (1), a registrable offender must report his or her personal details to the Chief Commissioner of Police before leaving Victoria unless he or she entered Victoria from a foreign jurisdiction and remained in Victoria for less than 14 consecutive days, not counting any days spent in government custody.\n\n","sortOrder":27},{"sectionNumber":"13","sectionType":"section","heading":"When new initial report must be made by offender whose previous reporting obligations have ceased","content":"\t13 When new initial report must be made by offender whose previous reporting obligations have ceased\n\n(1) If a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, he or she must report his or her personal details to the Chief Commissioner of Police—\n\nS. 13(1)(a) amended by No. 55/2009 s. 44(3).\n\n(a) within 7 days after he or she is sentenced for the registrable offence; or\n\nS. 13(1)(b) amended by No. 55/2009 s. 44(3).\n\n(b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody—\n\n(2) If a registrable offender's reporting period expires but he or she then becomes a corresponding registrable offender who must under section 37 continue to comply with the reporting obligations imposed by this Part for any period, he or she must report his or her personal details to the Chief Commissioner of Police—\n\nS. 13(2)(a) amended by No. 55/2009 s. 44(4).\n\n(a) within 7 days after he or she becomes a corresponding registrable offender; or\n\nS. 13(2)(b) amended by No. 55/2009 s. 44(4).\n\n(b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody—\n\n(3) If a registrable offender's reporting obligations are suspended by an order under section 40 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 44 (or an equivalent provision of the laws of a foreign jurisdiction), he or she must report his or her personal details to the Chief Commissioner of Police—\n\nS. 13(3)(a) amended by No. 55/2009 s. 44(5).\n\n(a) within 7 days after the order ceases to have effect; or\n\nS. 13(3)(b) amended by No. 55/2009 s. 44(5).\n\n(b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody—\n\nS. 13(3A) inserted by No. 28/2025 s. 24.\n\n(3A) If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender must report their personal details to the Chief Commissioner of Police within 7 days after being given notice of their reporting obligations by the Chief Commissioner of Police.\n\nS. 13(4) amended by No. 55/2009 s. 44(6).\n\n(4) If a registrable offender is not in Victoria at the time he or she would be required under subsection (1), (2) or (3) to report his or her personal details to the Chief Commissioner of Police, then he or she must report his or her personal details within 7 days after entering and remaining in Victoria for 14 or more consecutive days, not counting any days spent in government custody.\n\n(5) Despite subsections (1) to (3), a registrable offender must report his or her personal details to the Chief Commissioner of Police before leaving Victoria unless he or she entered Victoria from a foreign jurisdiction and remained in Victoria for less than 14 consecutive days, not counting any days spent in government custody.\n\n","sortOrder":28},{"sectionNumber":"14","sectionType":"section","heading":"Initial report by registrable offender of personal details","content":"\t14 Initial report by registrable offender of personal details\n\n(1) The details the registrable offender must report are—\n\n(a) his or her name, together with any other name by which he or she is, or has previously been, known;\n\n(b) in respect of each name other than his or her current name, the period during which he or she was known by that other name;\n\n(c) his or her date of birth;\n\nS. 14(1)(d) amended by Nos 25/2017 s. 28(1), 37/2022 s. 4(1)(a).\n\n(d) the address of each of the premises at which he or she generally resides (if any);\n\nS. 14(1)(daa) inserted by No. 25/2017 s. 28(2), amended by No. 37/2022 s. 4(1)(b).\n\n(daa) if the person does not have an address referred to in paragraph (d), details that are sufficient to identify any place where the person sleeps on a regular basis;\n\nRelevant details may include the name and address of a refuge, shelter or similar premises at which the person sleeps, the details of a vehicle in which the person sleeps or the address of a park, beach or other outdoor location at which the person sleeps.\n\nS. 14(1)(da) inserted by No. 52/2007 s. 14(1).\n\n(da) his or her telephone number (if any);\n\nS. 14(1)(db) inserted by No. 52/2007 s. 14(1).\n\n(db) his or her email address (if any);\n\nS. 14(1)(dc) inserted by No. 52/2007 s. 14(1), amended by No. 25/2017 s. 28(3).\n\n(dc) if the registrable offender has an Internet service provider, the name of that Internet service provider;\n\nS. 14(1)(dd) inserted by No. 55/2009 s. 42(1).\n\n(dd) any—\n\n(i) Internet user names; or\n\n(ii) instant messaging user names; or\n\n(iii) chat room user names; or\n\n(iv) other user name or identity—\n\nused or intended to be used by the registrable offender through the Internet or other electronic communication service;\n\nS. 14(1)(e) substituted by No. 82/2014 s. 6(1).\n\n(e) the name of each child with whom he or she has contact;\n\nS. 14(1)(ea) inserted by No. 82/2014 s. 6(1).\n\n(ea) in respect of each child with whom he or she has contact—\n\n(i) the child's age, residential address and telephone number; or\n\n(ii) if the child's age, residential address or telephone number is not known to him or her—the location where the contact takes place;\n\n(f) if he or she is employed—\n\n(i) the nature of his or her employment; and\n\n(ii) the name of his or her employer (if any); and\n\n(iii) the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed;\n\n(g) details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;\n\nS. 14(1)(h) amended by No. 25/2017 s. 28(4).\n\n(h) the make, model, colour and registration number (if any) of any motor vehicle or caravan owned by, or generally driven by, him or her;\n\n(i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);\n\n(j) whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding sex offender registration order and, if so, where that finding occurred or that order was made;\n\n(k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when and where that government custody occurred;\n\n(l) if, at the time of making a report under this Division, he or she leaves, or intends to leave, Victoria to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)—\n\n(i) in general terms, the reason for travelling; and\n\nS. 14(1)(l)(ii) amended by No. 55/2009 s. 42(2).\n\n(ii) in general terms, the frequency and destinations of the travel;\n\nS. 14(1)(m) inserted by No. 55/2009 s. 42(3).\n\n(m) the passport number and country of issue of each passport held by the registrable offender.\n\n(2) For the purposes of this section—\n\nS. 14(2)(a) amended by No. 82/2014 s. 6(2).\n\n(a) a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 7 days (whether consecutive or not) in any period of 12 months; and\n\nS. 14(2)(b) amended by No. 52/2007 s. 14(2), repealed by No. 82/2014 s. 6(3), new s. 14(2)(b) inserted by No. 25/2017 s. 28(5).\n\n(b) a registrable offender sleeps at a place on a regular basis if the person sleeps at that place more than once in any period of 14 days; and\n\nS. 14(2)(c) amended by No. 52/2007 s. 14(2), repealed by No. 82/2014 s. 6(3).\n\n(d) a registrable offender is not generally employed at any particular premises unless he or she is employed at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and\n\nS. 14(2)(e) amended by No. 37/2022 s. 4(2).\n\n(e) a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 7 days (whether consecutive or not) in any period of 12 months.\n\n(3) For the purposes of this section, a person is employed if he or she—\n\n(a) carries out work under a contract of employment; or\n\n(b) carries out work as a self-employed person or as a sub-contractor; or\n\n(c) carries out work as a volunteer for an organisation; or\n\n(d) undertakes practical training as part of an educational or vocational course; or\n\n(e) carries out work as a minister of religion or in any other capacity for the purposes of a religious organisation.\n\n(4) For the purposes of this section, a person is an employer if the person—\n\n(a) arranges, in the course of business, for the registrable offender to be employed by another person; or\n\n(b) engages the registrable offender under contract to carry out work.\n\n","sortOrder":29},{"sectionNumber":"15","sectionType":"section","heading":"Persons required to report under corresponding Act","content":"\t15 Persons required to report under corresponding Act\n\n(1) This section applies to a person (other than one to whom Division 9 applies) who has been required to report to a corresponding registrar, irrespective of whether he or she is a registrable offender for the purposes of this Act.\n\nS. 15(2) amended by No. 34/2005 s. 11.\n\n(2) Unless the person has previously complied with the obligation imposed by this section, he or she must, within 7 days after entering and remaining in Victoria or within 14 days after the commencement of section 11 of the **Sex Offenders Registration (Amendment) Act 2005** if he or she entered Victoria 7 days or more before that commencement and remained in Victoria, contact (by telephone or another prescribed means) a person prescribed by the regulations for the purposes of this section.\n\n(3) The contacted person must advise the person whether he or she is a registrable offender for the purposes of this Act and any reporting obligations that he or she has under this Act.\n\n(4) A person is not guilty of an offence against section 46 because of a failure to comply with the reporting obligation imposed by subsection (2) if he or she—\n\n(a) is not a registrable offender for the purposes of this Act; or\n\n(b) has not been notified of that reporting obligation; or\n\n(c) does not remain in Victoria for 14 or more consecutive days, not counting any days spent in government custody; or\n\n(d) reports in accordance with section 12.\n\nDivision 2—Ongoing reporting obligations\n\n","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Registrable offender must report annually","content":"\t16 Registrable offender must report annually\n\n(1) A registrable offender must report his or her personal details to the Chief Commissioner of Police each year.\n\n(2) The registrable offender must make the report by the end of the calendar month in which the anniversary of the date on which he or she first reported in accordance with this Act or a corresponding Act falls.\n\nJ first reported his personal details to the Chief Commissioner of Police on 11 October 2004. This section requires J to make a further report of those details on or before 31 October 2005, 31 October 2006 (and so on).\n\n(3) If the registrable offender has been in government custody since he or she last reported his or her personal details under this section, the details he or she must report include details of when and where that custody occurred.\n\n(4) If a registrable offender's reporting period expires, but he or she is then required to report again under section 13, the reference to the date on which he or she first reported is to be read as a reference to the date on which he or she first reported in respect of the current reporting period.\n\nS. 16(4A) inserted by No. 28/2025 s. 25.\n\n(4A) If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender must make the report by the end of the calendar month in which the anniversary of the date on which section 35AA first applied to the registrable offender falls.\n\nS. 16(5) inserted by No. 25/2017 s. 29, amended by No. 27/2018 s. 365(2).\n\n(5) Despite subsection (2), a registrable offender who is residing in a residential facility or a residential treatment facility as a condition of a supervision order or an interim supervision order under the **Serious Offenders Act 2018** must make the report on the day specified by the Chief Commissioner of Police by written notice served on the registrable offender.\n\nS. 16(6) inserted by No. 25/2017 s. 29.\n\n(6) A notice under subsection (5) must specify a date that is within the calendar month in which the anniversary of the date on which the registrable offender first reported in accordance with this Act or a corresponding Act falls.\n\n","sortOrder":31},{"sectionNumber":"17","sectionType":"section","heading":"Registrable offender must report changes to relevant personal details","content":"\t17 Registrable offender must report changes to relevant personal details\n\nS. 17(1) amended by Nos 52/2007 s. 15(1), 55/2009 s. 42(4)(5), 82/2014 s. 7(1).\n\n(1) Subject to subsections (1A) and (1B), a registrable offender must report to the Chief Commissioner of Police any change in his or her personal details within 7 days after that change occurs.\n\nS. 17(1A) inserted by No. 52/2007 s. 15(2), amended by Nos 55/2009 s. 43, 82/2014 s. 7(2).\n\n(1A) A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(1)(d) or (1)(e) applies within one day after that change occurs.\n\nS. 17(1B) inserted by No. 55/2009 s. 42(6).\n\n(1B) A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(1)(m) applies—\n\nS. 17(1B)(a) amended by No. 82/2014 s. 7(3).\n\n(a) within 7 days after that change occurs; or\n\nS. 17(1B)(b) amended by No. 82/2014 s. 7(3).\n\n(b) if the registrable offender intends to leave Victoria to travel out of Australia within 7 days after that change occurs, at least 7 days before leaving Victoria.\n\nS. 17(2) amended by Nos 52/2007 s. 15(3), 82/2014 s. 7(4).\n\n(2) For the purposes of subsection (1) or (1A), a change occurs in the premises or household where the registrable offender generally resides, or as to when the registrable offender has contact with a child, or in the premises where the registrable offender is generally employed, or the motor vehicle that he or she generally drives, only on the expiry of the relevant period referred to in section 14(2).\n\nS. 17(3) amended by No. 82/2014 s. 7(5).\n\n(3) If the personal details of a registrable offender (other than one to whom Division 9 applies) change while he or she is not in Victoria, he or she must report the change to the Chief Commissioner of Police within 7 days after entering and remaining in Victoria for 7 or more consecutive days, not counting any days spent in government custody.\n\nUnder section 32, certain reporting obligations of a registrable offender are suspended while he or she is out of Victoria unless Division 9 applies to him or her.\n\n(4) A registrable offender who is in government custody for 14 or more consecutive days must report his or her personal details to the Chief Commissioner of Police—\n\nS. 17(4)(a) amended by No. 82/2014 s. 7(6).\n\n(a) within 7 days after he or she ceases to be in government custody; or\n\n(b) before leaving Victoria—\n\nwhichever is the sooner.\n\n","sortOrder":32},{"sectionNumber":"18","sectionType":"section","heading":"Intended absence from Victoria to be reported","content":"\t18 Intended absence from Victoria to be reported\n\n(1) This section applies if a registrable offender—\n\nS. 18(1)(a) amended by No. 82/2014 s. 8.\n\n(a) intends to leave Victoria for 2 or more consecutive days to travel elsewhere in Australia; or\n\n(b) intends to leave Victoria to travel out of Australia.\n\n(2) At least 7 days before leaving Victoria, the registrable offender must report the intended travel to the Chief Commissioner of Police and must provide details of—\n\n(a) each State, Territory or country to which he or she intends to go while out of Victoria; and\n\n(b) the approximate dates during which he or she intends to be in each of those States, Territories or countries; and\n\n(c) each address or location within each State, Territory or country at which he or she intends to reside (to the extent that they are known) and the approximate dates during which he or she intends to reside at those addresses or locations; and\n\n(d) if he or she intends to return to Victoria, the approximate date on which he or she intends to return; and\n\n(e) if he or she does not intend to return to Victoria, a statement of that intention.\n\n(3) If circumstances arise making it impracticable for a registrable offender to make the report 7 days before he or she leaves, it is sufficient compliance with subsection (2) if the registrable offender reports the required information to the Chief Commissioner of Police at least 24 hours before leaving Victoria.\n\n","sortOrder":33},{"sectionNumber":"19","sectionType":"section","heading":"Change of travel plans while out of Victoria to be given","content":"\t19 Change of travel plans while out of Victoria to be given\n\n(1) This section applies if a registrable offender who is out of Victoria decides—\n\nS. 19(1)(a) amended by No. 82/2014 s. 9.\n\n(a) to extend a stay elsewhere in Australia beyond 2 days; or\n\n(b) to change any details given to the Chief Commissioner of Police under section 18.\n\n(2) As soon as is practicable after making the decision, the registrable offender must—\n\n(a) if subsection (1)(a) applies, report the details required by section 18(2) to the Chief Commissioner of Police (including those details as they relate to the travel that has already been completed);\n\n(b) if subsection (1)(b) applies, report the changed details to the Chief Commissioner of Police.\n\n(3) The registrable offender must make the report—\n\n(a) by writing sent by post or transmitted electronically to the Chief Commissioner of Police or to any other address permitted by the regulations; or\n\n(b) in any other manner permitted by the regulations.\n\n","sortOrder":34},{"sectionNumber":"20","sectionType":"section","heading":"Registrable offender to report return to Victoria or decision not to leave","content":"\t20 Registrable offender to report return to Victoria or decision not to leave\n\n(1) This section applies if a registrable offender was required to report that he or she intended to leave Victoria under section 18.\n\nS. 20(2) substituted by No. 82/2014 s. 10(1), amended by No. 44/2021 s. 27.\n\n(2) If the registrable offender left Victoria and was elsewhere in Australia, he or she must report his or her return to Victoria to the Chief Commissioner of Police within 7 days of entering and remaining in Victoria, not counting any days spent in government custody.\n\nS. 20(2A) inserted by No. 82/2014 s. 10(1).\n\n(2A) If the registrable offender left Victoria and was out of Australia, he or she must report his or her return to Victoria to the Chief Commissioner of Police within 1 day after entering and remaining in Victoria for 2 or more consecutive days, not counting any days spent in government custody.\n\nS. 20(3) amended by No. 82/2014 s. 10(2).\n\n(3) If the registrable offender decides not to leave Victoria, he or she must report his or her change of intention to the Chief Commissioner of Police within 7 days after deciding not to leave.\n\n","sortOrder":35},{"sectionNumber":"21","sectionType":"section","heading":"Report of other absences from Victoria","content":"\t21 Report of other absences from Victoria\n\n(1) This section applies if a registrable offender, at the time of making a report under this Division, leaves, or intends to leave, Victoria to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence).\n\n(2) The registrable offender must report the following details to the Chief Commissioner of Police—\n\n(a) in general terms, the reason for travelling; and\n\n(b) in general terms, the frequency and destinations of the travel.\n\nS. 21A inserted by No. 82/2014 s. 11.\n\n","sortOrder":36},{"sectionNumber":"21A","sectionType":"section","heading":"Additional reporting obligation in relation to travel out of Australia","content":"\t21A Additional reporting obligation in relation to travel out of Australia\n\n(1) This section applies if a registrable offender is required to report in accordance with—\n\n(a) section 18 that the registrable offender intends to leave Victoria to travel out of Australia; or\n\n(b) section 20(2A) that the registrable offender has returned to Victoria after the period of travel referred to in paragraph (a).\n\n(2) The registrable offender must, at the time of making a report referred to in subsection (1), produce to the Chief Commissioner of Police—\n\n(a) the registrable offender's passport; and\n\n(b) documents specified by the regulations for the purposes of this section to verify or support the details in the report; and\n\n(c) in the case of a report referred to in subsection (1)(b)—if the registrable offender, during the period of travel referred to in subsection (1)(a), made a report under section 19, documents specified by the regulations for the purposes of this section to verify or support the details in that report.\n\n","sortOrder":37},{"sectionNumber":"Div 3","sectionType":"division","heading":"Provisions applying to all reporting obligations","content":"Division 3—Provisions applying to all reporting obligations\n\n","sortOrder":38},{"sectionNumber":"22","sectionType":"section","heading":"Where report is to be made","content":"\t22 Where report is to be made\n\n(1) A report under this Part is to be made—\n\n(a) if a direction is given in accordance with the regulations as to the police station at which the report is to be made, at the police station so directed; or\n\n(b) at some other place approved (either generally or in a particular case) by the Chief Commissioner of Police.\n\n(2) This section does not apply if, under section 23(2), a report is permitted to be made  \nin a way that is inconsistent with this section.\n\n","sortOrder":39},{"sectionNumber":"23","sectionType":"section","heading":"How reports to be made","content":"\t23 How reports to be made\n\nS. 23(1) amended by No. 37/2022 s. 5.\n\n(1) Subject to section 23A, a registrable offender must make the following reports under this Part in person—\n\n(a) a report required by Division 1 (initial report); and\n\n(b) a report required by section 16 (annual report); and\n\nS. 23(1)(ba) inserted by No. 82/2014 s. 12.\n\n(ba) a report required by section 18(1)(b) (intended absence from Victoria to travel out of Australia); and\n\nS. 23(1)(bb) inserted by No. 82/2014 s. 12.\n\n(bb) a report required by section 20(2A) (registrable offender to report return to Victoria after travel out of Australia); and\n\nS. 23(1)(c) substituted by No. 25/2017 s. 30.\n\n(c) a report of a change of address of the premises at which the person generally resides; and\n\nS. 23(1)(ca) inserted by No. 25/2017 s. 30.\n\n(ca) a report of details that are sufficient to identify any place where the person sleeps on a regular basis; and\n\n(d) a report of the acquisition of, removal of, or change to, any tattoo or permanent distinguishing mark.\n\n(2) A registrable offender may make any other report that he or she is required to make in person or in any other way permitted by the regulations or by the Chief Commissioner of Police, either generally or in a particular case.\n\nS. 23(3) amended by No. 37/2014 s. 10(Sch. item 154.2).\n\n(3) Only a police officer approved for the purpose by the Chief Commissioner of Police may receive a report made in person and only a police officer or other person approved for the purpose by the Chief Commissioner of Police may receive a report made in another way in accordance with subsection (2).\n\n(4) If a registrable offender attending in person is a child or has a disability that renders it impossible or impracticable for him or her to make a report—\n\nS. 23(4)(a) substituted by No. 55/2025 s. 64(1).\n\n(a) in the case of a child, any parent of the child or, if a parent is not available, an independent person who is accompanying the registrable offender; and\n\n(b) in the case of a person who has a disability, any parent, guardian, carer or other person nominated by the registrable offender who is accompanying the registrable offender—\n\nmay make the report on the registrable offender's behalf.\n\n(5) Similarly, if a registrable offender who is permitted to make a report other than in person in accordance with subsection (2) is a child or has a disability that renders it impossible or impracticable for him or her to make the report himself or herself—\n\nS. 23(5)(a) substituted by No. 55/2025 s. 64(2).\n\n(a) in the case of a child, any parent of the child or, if a parent is not available, an independent person; and\n\n(b) in the case of a person who has a disability, any parent, guardian, carer or other person nominated by the registrable offender—\n\nmay make the report on the registrable offender's behalf.\n\nS. 23A inserted by No. 37/2022 s. 6.\n\n","sortOrder":40},{"sectionNumber":"23A","sectionType":"section","heading":"Circumstances for electronic reporting","content":"\t23A Circumstances for electronic reporting\n\n(1) The Chief Commissioner of Police may direct or permit a registrable offender to make a report referred to in section 23(1) by audio link, audio visual link or electronic communication, if the Chief Commissioner of Police reasonably believes that—\n\n(a) a relevant declaration is in force; and\n\n(b) a related circumstance referred to in subsection (2) exists.\n\n(2) For the purposes of subsection (1)(b), a related circumstance is any one of the following—\n\n(a) for a pandemic declaration—\n\n(i) that the registrable offender resides or sleeps on a regular basis within an area to which the declaration applies; or\n\n(ii) that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within an area to which the declaration applies; or\n\n(iii) that the registrable offender is unable to make the report in person without contravening a pandemic order or a lawful direction given, or a requirement made, in the exercise of a pandemic management power or a public health risk power under the **Public Health and Wellbeing Act 2008**;\n\n(b) for a declaration of a state of emergency—\n\n(i) that the registrable offender resides or sleeps on a regular basis within the emergency area in which the state of emergency exists; or\n\n(ii) that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the emergency area in which the state of emergency exists;\n\n(c) for a declaration of a state of disaster—\n\n(i) that the registrable offender resides or sleeps on a regular basis within the disaster area as defined in section 22(1) of the **Emergency Management Act 1986**; or\n\n(ii) that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the disaster area as defined in section 22(1) of the **Emergency Management Act 1986**.\n\n(3) Only a police officer approved for the purpose by the Chief Commissioner of Police may receive a report made in accordance with a direction or permission purportedly given under subsection (1).\n\n(4) Subject to subsections (5) and (6), a registrable offender to whom a direction is given in accordance with subsection (1) must comply with that direction.\n\nS. 23A(5) amended by No. 55/2025 s. 65.\n\n(5) If a registrable offender to whom a direction or permission is given under subsection (1) is a child, any parent of the child or, if a parent is not available, an independent person, may make the report on the registrable offender's behalf.\n\n(6) If a registrable offender to whom a direction or permission is given under subsection (1) has a disability that renders it impossible or impracticable for the registrable offender to make the report, any parent, guardian, carer or other person nominated by the registrable offender may make the report on the registrable offender's behalf.\n\n(7) It is sufficient compliance with a requirement for a registrable offender to make a report if the report is made in accordance with a direction or permission purportedly given under subsection (1).\n\n(8) In this section—\n\n***declaration of a state of disaster***  means a declaration made under section 23 of the **Emergency Management Act 1986**;\n\n***declaration of a state of emergency*** means a declaration made under section 198 of the **Public Health and Wellbeing Act 2008**;\n\n***pandemic declaration*** means a declaration made under section 165AB of the Public Health and **Wellbeing Act 2008**;\n\n***relevant declaration*** means—\n\n(a) a pandemic declaration; or\n\n(b) a declaration of a state of emergency; or\n\n(c) a declaration of a state of disaster.\n\n","sortOrder":41},{"sectionNumber":"24","sectionType":"section","heading":"Right to privacy and support when reporting","content":"\t24 Right to privacy and support when reporting\n\n(1) A person making a report under this Part at a police station or a place approved by the Chief Commissioner of Police—\n\n(a) is entitled to make the report out of the hearing of members of the public; and\n\nS. 24(1)(b) amended by No. 55/2025 s. 66.\n\n(b) is entitled to be accompanied by a support person of his or her own choosing and, in the case of a child, must be accompanied by a parent of the child or, if a parent is not available, an independent person.\n\nS. 24(2) amended by No. 37/2014 s. 10(Sch. item 154.2).\n\n(2) A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part.\n\nS. 24(3) amended by No. 37/2014 s. 10(Sch. item 154.2).\n\n(3) A police officer receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.\n\n","sortOrder":42},{"sectionNumber":"25","sectionType":"section","heading":"Receipt of information to be acknowledged","content":"\t25 Receipt of information to be acknowledged\n\nS. 25(1) amended by No. 37/2014 s. 10(Sch. item 154.2).\n\n(1) As soon as is practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report.\n\nS. 25(2) amended by No. 55/2025 s. 75(1).\n\n(2) The acknowledgement must be in writing, must be given to the person who made the report and must include—\n\nS. 25(2)(a) amended by No. 37/2014 s. 10(Sch. item 154.2).\n\n(a) the name and signature of the police officer or other person who received the report; and\n\n(b) the date and time when, and the place where, the report was received; and\n\n(c) a copy of the information that was reported.\n\nS. 25(3) amended by No. 55/2025 s. 75(1).\n\n(3) The Chief Commissioner of Police must ensure that a copy of every acknowledgement is retained.\n\n","sortOrder":43},{"sectionNumber":"26","sectionType":"section","heading":"Additional matters to be provided","content":"\t26 Additional matters to be provided\n\n(1) If a report is required to be made in person, the person making the report must also—\n\n(a) present for inspection the registrable offender's driver licence (if any) or any other form of identification or other document specified by the regulations for the purposes of this section to verify or support details in the report; and\n\n(b) provide a photograph of the registrable offender's head and face of a type suitable for use in an Australian passport; and\n\n(c) if not the registrable offender, present for inspection his or her driver licence (if any) or any other form of identification specified by the regulations for the purposes of this section.\n\nS. 26(2) amended by No. 37/2014 s. 10(Sch. item 154.3(a)).\n\n(2) The police officer receiving the report may waive the requirements of subsection (1)(a) or (b) if the police officer—\n\nS. 26(2)(a) amended by No. 55/2025 s. 67.\n\n(a) takes the fingerprints, or a fingerscan, of the registrable offender immediately before or after the report is made and, in the case of a child, does so in the presence of a parent of the child or, if a parent is not available, an independent person; or\n\n(b) is otherwise satisfied as to the registrable offender's identity.\n\nS. 26(3) amended by No. 37/2014 s. 10(Sch. item 154.3(a)).\n\n(3) The police officer receiving the report may waive the requirements of subsection (1)(c) if he or she is otherwise satisfied as to the person's identity.\n\nS. 26(4) amended by No. 37/2014 s. 10(Sch. item 154.3(b)).\n\n(4) The police officer receiving a report may copy any document presented to the police officer for inspection under subsection (1)(a) or (c).\n\n(5) If a report is made otherwise than in person, the regulations may specify—\n\n(a) the circumstances in which—\n\n(i) information concerning the identity of the registrable offender and the identity of the person making the report; and\n\n(ii) a document verifying or supporting details in the report—\n\nare required; and\n\n(b) the manner in which that information or document is to be provided—\n\nbut may not require an original document to be provided.\n\n","sortOrder":44},{"sectionNumber":"27","sectionType":"section","heading":"Power to take fingerprints or fingerscan","content":"\t27 Power to take fingerprints or fingerscan\n\nS. 27(1) amended by No. 37/2014 s. 10(Sch. item 154.4(a)), substituted by No. 25/2017 s. 19(1).\n\n(1) A police officer may take, or may cause to be taken by a police custody officer within the meaning of section 3(1) of the **Victoria Police Act 2013**, the fingerprints or a fingerscan of a registrable offender if—\n\n(a) the fingerprints or a fingerscan of the registrable offender are not already held by the Chief Commissioner of Police; or\n\n(b) the registrable offender is reporting under this Part and the police officer is not satisfied as to the identity of the registrable offender.\n\nS. 27(2) amended by Nos 37/2014 s. 10(Sch. item 154.4(b)), 55/2025 s. 68.\n\n(2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by a parent or, if a parent is not available, an independent person.\n\nS. 27(3) inserted by No. 25/2017 s. 19(2).\n\n(3) A police officer of or above the rank of senior sergeant may serve, or may cause to be served, a notice on a registrable offender referred to in subsection (1) directing the registrable offender to attend at a police station specified in the notice within 28 days after service of the notice to have the fingerprints or a fingerscan of the registrable offender taken.\n\nS. 27(4) inserted by No. 25/2017 s. 19(2).\n\n(4) A notice under subsection (3) must—\n\n(a) state that if the registrable offender fails to comply with the notice, an application for a warrant to arrest the registrable offender may be made without further notice to the registrable offender; and\n\n(b) state that the registrable offender may wish to seek legal advice as to the effect of the notice; and\n\n(c) state the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and\n\n(d) contain the prescribed information, if any.\n\nS. 27(5) inserted by No. 25/2017 s. 19(2).\n\n(5) A notice under subsection (3) must be served by delivering a true copy of the notice to the registrable offender personally.\n\nS. 27(6) inserted by No. 25/2017 s. 19(2).\n\n(6) Section 464ZFAA(6), (7) and (8) of the **Crimes Act 1958** apply to a notice served under subsection (3) as if it were a notice served under that section.\n\nS. 27(7) inserted by No. 25/2017 s. 20.\n\n(7) Subject to subsection (8), a police officer may take the fingerprints or a fingerscan under subsection (1) of a registrable offender whose reporting obligations under this Act—\n\n(a) have been suspended under Division 6 of Part 3; or\n\n(b) have been suspended under section 32(1)(b); or\n\n(c) have expired under section 34(1)—\n\nonly if a notice under subsection (3) has been served on the registrable offender.\n\nS. 27(8) inserted by No. 25/2017 s. 20.\n\n(8) A registrable offender referred to in subsection (7) may refuse to have fingerprints or a fingerscan taken and to attend at a police station in compliance with a notice under subsection (3) if the registrable offender demonstrates to the reasonable satisfaction of the police officer referred to in subsection (3)—\n\n(a) if the registrable offender was a registrable offender on the commencement of the initial period, that the registrable offender has been resident in Victoria for not less than 2 years and 6 months in aggregate during the initial period; or\n\n(b) that the registrable offender has been resident in Victoria for a continuous period of 12 months at any time after the expiry of the initial period and was a registrable offender during the whole of that period of 12 months.\n\nS. 27(9) inserted by No. 25/2017 s. 20.\n\n(9) A person serving a notice under subsection (3) on a registrable offender referred to in subsection (7) must inform the registrable offender, in a manner likely to be understood by the offender, of the following matters—\n\n(a) that the offender may refuse to comply with the notice;\n\n(b) the grounds on which the offender may refuse to comply; and\n\n(c) that the offender may wish to seek legal advice as to the effect of the notice.\n\nS. 27(10) inserted by No. 25/2017 s. 20.\n\n(10) A police officer referred to in subsection (8) must take into account any information provided by the registrable offender.\n\nS. 27(11) inserted by No. 25/2017 s. 20.\n\n(11) Before a registrable offender referred to in subsection (7) has fingerprints or a fingerscan taken, a police officer must, in a manner likely to be understood by the offender—\n\n(a) inform the offender of the grounds on which the offender may refuse to have fingerprints or a fingerscan taken; and\n\n(b) ask the offender whether the offender wishes to refuse.\n\nS. 27(12) inserted by No. 25/2017 s. 20.\n\n(12) If a registrable offender does not have a knowledge of the English language that is sufficient to enable the person to understand the matters referred to in subsection (9) or (11), the person informing the offender must arrange for the presence of a competent interpreter and defer the giving of the information until the interpreter is present.\n\nS. 27(13) inserted by No. 25/2017 s. 20.\n\n(13) In this section—\n\n***initial period*** means the period of 3 years commencing on the day on which section 19 of the **Sex Offenders Registration Amendment (Miscellaneous) Act 2017** comes into operation.\n\nS. 27A inserted by No. 34/2005 s. 12.\n\n","sortOrder":45},{"sectionNumber":"27A","sectionType":"section","heading":"Power to take photographs","content":"\t27A Power to take photographs\n\nS. 27A(1) amended by No. 37/2014 s. 10(Sch. item 154.5(a)).\n\n(1) A police officer receiving a report made in person under this Part may require the registrable offender—\n\n(a) to be photographed; and\n\n(b) to expose any part of his or her body on which there are any tattoos or permanent distinguishing marks to enable that part of the body to be photographed—\n\nby the police officer or a person authorised by the police officer.\n\nS. 27A(2) amended by No. 37/2014 s. 10(Sch. item 154.5(b)).\n\n(2) A police officer cannot, under this section, require a registrable offender to expose his or her genitals, the anal area of his or her buttocks or, in the case of females or transgender people who identify as females, their breasts.\n\n","sortOrder":46},{"sectionNumber":"28","sectionType":"section","heading":"Reasonable force may be used to obtain fingerprints","content":"\t28 Reasonable force may be used to obtain fingerprints\n\nS. 28(1) amended by Nos 34/2005 s. 13(1)(a), 37/2014 s. 10(Sch. item 154.6(a)(i)).\n\n(1) Before attempting to exercise a power under section 27 or 27A, the police officer must inform the registrable offender in language likely to be understood by him or her—\n\nS. 28(1)(a) amended by Nos 34/2005 s. 13(1)(b), 37/2014 s. 10(Sch. item 154.6(a)(ii)), 25/2017 s. 21.\n\n(a) of the purpose for which the power is to be exercised and, in the case of a power under section 27(1)(b), why the police officer is not satisfied as to the registrable offender's identity; and\n\nS. 28(1)(b) amended by No. 34/2005 s. 13(1)(c).\n\n(b) that if the registrable offender refuses to give his or her fingerprints, or to submit to a fingerscan or to expose part of his or her body (as the case requires), voluntarily, reasonable force may be used; and\n\nS. 28(1)(c) amended by No. 34/2005 s. 13(1)(d).\n\n(c) that the fingerprints, fingerscan or photographs will be retained by the Chief Commissioner of Police.\n\nS. 28(2) amended by Nos 34/2005 s. 13(2), 37/2014 s. 10(Sch. item 154.6(b)(i)).\n\n(2) A police officer, or a person authorised by him or her, may use reasonable force to take the fingerprints or a fingerscan of a registrable offender or to expose a part of the body of a registrable offender that the police officer is authorised under section 27A to ask the registrable offender to expose to enable the taking of photographs of that part of the body if—\n\n(a) the registrable offender refuses to co-operate voluntarily; and\n\nS. 28(2)(b) amended by No. 37/2014 s. 10(Sch. item 154.6(b)).\n\n(b) the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant.\n\nS. 28(3) amended by No. 34/2005 s. 13(3).\n\n(3) If reasonable force is to be used under section 27 or 27A, a person of the same sex as the registrable offender must, if practicable, be the person who uses the reasonable force.\n\n","sortOrder":47},{"sectionNumber":"29","sectionType":"section","heading":"Photographs","content":"\t29 Photographs\n\nS. 29(1)(2) repealed by No. 34/2005 s. 14(1).\n\nS. 29(3) amended by No. 34/2005 s. 14(2).\n\n(3) Any photograph taken under section 27A must be taken—\n\n(a) in a place where no members of the public are present; and\n\n(b) if practicable, by a person of the same sex as the registrable offender.\n\nS. 29(4) amended by Nos 34/2005 s. 14(2), 37/2014 s. 10(Sch. item 154.7).\n\n(4) If practicable, any police officer present in a place while a photograph is being taken under section 27A must be of the same sex as the registrable offender.\n\nS. 29(5) amended by Nos 34/2005 s. 14(2), 55/2025 s. 69.\n\n(5) A registrable offender who is to be photographed under section 27A is entitled to be accompanied by a support person of his or her own choosing and, in the case of a child, must be accompanied by a parent or, if a parent is not available, an independent person.\n\nS. 30 substituted by No. 82/2014 s. 13.\n\n","sortOrder":48},{"sectionNumber":"30","sectionType":"section","heading":"Retention of material for certain purposes","content":"\t30 Retention of material for certain purposes\n\n(1) The Chief Commissioner of Police may retain for law enforcement, crime prevention or child protection purposes any of the following taken under this Division from, or in relation to, a registrable offender whose reporting period ends on or after the commencement day—\n\n(a) copies of any documents;\n\n(b) any fingerprints or fingerscans;\n\n(c) any photographs.\n\n(2) In this section, ***commencement day*** means the day on which section 13 of the **Sex Offenders Registration Amendment Act 2014** comes into operation.\n\nS. 30A inserted by No. 25/2017 s. 8.\n\n","sortOrder":49},{"sectionNumber":"30A","sectionType":"section","heading":"Retention of material when registration exemption order made","content":"\t30A Retention of material when registration exemption order made\n\nThe Chief Commissioner of Police may retain for law enforcement, crime prevention or child protection purposes any of the following taken under this Division from, or recorded in relation to, a registrable offender who is made subject to a registration exemption order—\n\n(a) copies of any documents;\n\n(b) fingerprints or fingerscans;\n\n(c) photographs;\n\n(d) a forensic sample taken under section 464ZFAB of the **Crimes Act 1958** and any related material and information within the meaning of section 464(2) of that Act.\n\n","sortOrder":50},{"sectionNumber":"31","sectionType":"section","heading":"Reporting by remote offenders","content":"\t31 Reporting by remote offenders\n\n(1) This section applies if a registrable offender resides more than the prescribed distance from the nearest police station.\n\n(2) A registrable offender need not comply with a time limit concerning the making of a report in person under this Part if—\n\n(a) he or she, or a person entitled to make the report on his or her behalf, contacts the Chief Commissioner of Police before the time limit expires; and\n\n(b) the Chief Commissioner of Police agrees to allow the report to be made at a specific time that is after the time limit and at a specific place; and\n\n(c) before the time limit expires he or she provides the Chief Commissioner of Police by telephone or other means with the information required to be reported under Division 1 or 2.\n\n(3) The Chief Commissioner of Police must ensure that there is a method of recording all agreements made under this section.\n\n","sortOrder":51},{"sectionNumber":"Div 4","sectionType":"division","heading":"Suspension and extension of reporting obligations","content":"Division 4—Suspension and extension of reporting obligations\n\n","sortOrder":52},{"sectionNumber":"32","sectionType":"section","heading":"Suspension and extension of reporting obligations","content":"\t32 Suspension and extension of reporting obligations\n\n(1) Any obligation imposed on a registrable offender by this Part is suspended for any period during which he or she—\n\n(a) is in government custody; or\n\n(b) is outside Victoria unless he or she is a person to whom Division 9 applies or the obligation is under section 19; or\n\nS. 32(1)(c) amended by No. 82/2014 s. 14(a).\n\n(c) is the subject of an order under Division 6 (or an equivalent order made under the laws of a foreign jurisdiction); or\n\nS. 32(1)(d) inserted by No. 82/2014 s. 14(b).\n\n(d) is the subject of a notice under section 45A.\n\n(2) The period for which a registrable offender's reporting obligations continue is extended by any length of time for which those obligations are suspended under subsection (1)(a).\n\n","sortOrder":53},{"sectionNumber":"Div 5","sectionType":"division","heading":"Reporting period","content":"Division 5—Reporting period\n\nS. 33 amended by No. 28/2025 s. 26 (ILA s. 39B(1)).\n\n","sortOrder":54},{"sectionNumber":"33","sectionType":"section","heading":"When reporting obligations begin","content":"\t33 When reporting obligations begin\n\n(1) For the purposes of this Division, a registrable offender's reporting obligations in respect of a registrable offence begin—\n\n(a) when the registrable offender is sentenced for the offence; or\n\n(b) when the registrable offender ceases to be in government custody in relation to the offence—\n\nS. 33(2) inserted by No. 28/2025 s. 26.\n\n(2) If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender's reporting obligations begin on the day on which—\n\n(a) the registrable offender first becomes a registrable offender to whom section 35AA applies; or\n\n(b) the registrable offender ceases to be in government custody—\n\nwhichever occurs later.\n\n","sortOrder":55},{"sectionNumber":"34","sectionType":"section","heading":"Length of reporting period","content":"\t34 Length of reporting period\n\n(1) A registrable offender must continue to comply with the reporting obligations imposed by this Part for—\n\n(a) 8 years, if he or she has only ever been found guilty of a single Class 2 offence; or\n\n(b) 15 years, if he or she—\n\nS. 34(1)(b)(i) amended by Nos 18/2008 s. 18(1), 47/2016 s. 43(1)(a).\n\n(i) has only ever been found guilty of a single Class 1 offence (other than an offence referred to in item 2 or item 4 of Schedule 1); or\n\nS. 34(1)(b)(ii) substituted by No. 34/2005 s. 15(1).\n\n(ii) has ever been found guilty of 2 Class 2 offences; or\n\nS. 34(1)(c) substituted by No. 34/2005 s. 15(2).\n\n(c) the remainder of his or her life, if he or she—\n\n(i) has ever been found guilty of 2 or more Class 1 offences; or\n\nS. 34(1)(c)(ia) inserted by No. 18/2008 s. 18(2), amended by No. 47/2016 s. 43(1)(b).\n\n(ia) has ever been found guilty of a single offence referred to in item 2 or item 4 of Schedule 1; or\n\n(ii) has ever been found guilty of a Class 1 offence and 1 or more Class 2 offences; or\n\n(iii) has ever been found guilty of 3 or more Class 2 offences.\n\nNote to s. 34(1) substituted by No. 55/2009 s. 45(1).\n\n1 If every registrable offence for which a person has been found guilty is committed when he or she is a child, the reporting period is reduced—see section 35. If one or more of the offences for which a person has ever been found guilty is committed when that person is an adult, the reporting periods specified in section 34 apply as if the Act did not contain section 35.\n\n2 A life-long reporting obligation may be suspended under Division 6.\n\nS. 34(1A) inserted by No. 55/2009 s. 45(2).\n\n(1A) A reference in subsection (1) to an offence extends to an offence committed as a child.\n\n(2) A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection.\n\n(3) For the purposes of this section—\n\n(a) 2 or more offences arising from the same incident are to be treated as a single offence; and\n\n(b) 2 or more offences arising from the same incident are to be treated as a single Class 1 offence if at least one of those offences is a Class 1 offence.\n\nThe meaning of ***single offence*** is qualified by section 5(1).\n\nS. 34(4) inserted by No. 34/2005 s. 10(2).\n\n(4) For the purposes of this Division, a person subject to a sex offender registration order—\n\n(a) if found guilty of a Class 3 offence is deemed to have been found guilty of a Class 1 offence; and\n\n(b) if found guilty of a Class 4 offence or any other offence other than a Class 3 offence is deemed to have been found guilty of a Class 2 offence.\n\n","sortOrder":56},{"sectionNumber":"35","sectionType":"section","heading":"Reduced period applies for juvenile registrable offenders","content":"\t35 Reduced period applies for juvenile registrable offenders\n\n(1) The reporting periods specified in section 34 do not apply to a person who was a child at the time at which he or she committed each registrable offence.\n\n(2) Instead, a reporting period that is half the reporting period that would otherwise apply to the person under section 34 (or 7½ years in the case of a reporting period for life) applies to him or her.\n\nS. 35(3) inserted by No. 55/2009 s. 46.\n\n(3) This section does not apply if a person has committed a registrable offence as an adult in addition to an offence or offences committed as a child.\n\nS. 35AA inserted by No. 28/2025 s. 27.\n\n\t35AA Reporting period for serious sex offender\n\n(1) A registrable offender who—\n\n(a) is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and\n\n(b) is subject to a supervision order or detention order—\n\nmust comply with the reporting obligations in Part 3 for the period specified in subsection (2) or (3).\n\n(2) In the case of a registrable offender who is not subject to a sex offender registration order—\n\n(a) for the reporting period specified in section 34 or 35 that applies to the offender; or\n\n(b) for the period ending 5 years after the supervision order or detention order expires—\n\nSee also sections 21 and 70 of the **Serious** **Offenders Act 2018** for when a supervision order or detention order expires.\n\n(3) In the case of a registrable offender who is subject to a sex offender registration order—\n\n(a) for the reporting period specified in the sex offender registration order; or\n\n(b) if the reporting period specified in the sex offender registration order ends after the expiry of the supervision order or detention order but before the fifth anniversary of the expiry of the  supervision order or detention order, for—\n\n(i) the reporting period specified in the sex offender registration order; and\n\n(ii) the period—\n\n(A) beginning immediately after that reporting period ends; and\n\n(B) ending on the fifth anniversary of the expiry of the supervision order or detention order; or\n\n(c) if the reporting period specified in the sex offender registration order ends before the expiry of the supervision order or detention order, for the period ending 5 years after the expiry of the supervision order or detention order—\n\nSee also sections 21 and 70 of the **Serious Offenders Act 2018** for when a supervision order or detention order expires.\n\n(4) If a supervision order or detention order expires on the commencement of another supervision order or detention order replacing it, the period in subsection (2) or (3) is to be determined by reference to the expiry of the supervision order or detention order that replaced it.\n\n(5) If a supervision order or detention order expires and another supervision order or detention order is later made in respect of the offender, the period in subsection (2) or (3) is to be determined by reference to the expiry of the later supervision order or detention order.\n\n1. If a supervision order or detention order expires without another supervision order or detention order replacing it or without another supervision order or detention order being later made in respect of the offender, the period in subsection (2) or (3) is to be determined by reference to the expiry of that supervision order or detention order.\n\n2. The term ***serious sex offence*** is not related to the term ***serious sexual offender***.\n\nS. 35A inserted by No. 55/2009 s. 37.\n\n","sortOrder":57},{"sectionNumber":"35A","sectionType":"section","heading":"Reporting period to run during suspension","content":"\t35A Reporting period to run during suspension\n\nIf the Supreme Court grants a suspension order under section 40(1A) in respect of a registrable offender who is not required to continue to comply with the reporting obligations imposed by this Part for the remainder of his or her life, the period of suspension of the registrable offender's reporting period is counted when calculating the remainder of that reporting period.\n\nS. 35B inserted by No. 25/2017 s. 9.\n\n","sortOrder":58},{"sectionNumber":"35B","sectionType":"section","heading":"Reporting period to run while registration exemption order in force","content":"\t35B Reporting period to run while registration exemption order in force\n\nIf a court makes a registration exemption order in respect of a registrable offender and that order is set aside on appeal, the period during which the registration exemption order was in force is counted when calculating the remainder of the registrable offender's reporting period.\n\n","sortOrder":59},{"sectionNumber":"36","sectionType":"section","heading":"Extended reporting period if registrable offender still on parole","content":"\t36 Extended reporting period if registrable offender still on parole\n\n(1) This section applies if—\n\n(a) a registrable offender is on parole, or is an existing licensee, in respect of a registrable offence; and\n\n(b) the reporting period in respect of the offence will end before the expiry of the sentence of imprisonment to which the parole or existing licence relates.\n\n(2) Despite anything to the contrary in this Division, the reporting period is extended until the expiry of the term of imprisonment to which the parole or existing licence relates.\n\nS. 37 substituted by No. 34/2005 s. 16.\n\n","sortOrder":60},{"sectionNumber":"37","sectionType":"section","heading":"Reporting period for corresponding registrable offenders","content":"\t37 Reporting period for corresponding registrable offenders\n\n(1) A corresponding registrable offender must continue to comply with the reporting obligations imposed by this Part until he or she would not be required, if he or she were in a foreign jurisdiction, to report to the corresponding registrar of that foreign jurisdiction.\n\n(2) For the purposes of this section, if a corresponding registrable offender is a corresponding registrable offender under the laws of more than one jurisdiction, the period for which he or she must continue to comply with the reporting obligations imposed by this Part is the longest period for which he or she would be required to report to the corresponding registrar of a foreign jurisdiction.\n\n","sortOrder":61},{"sectionNumber":"38","sectionType":"section","heading":"Reporting period for New South Wales registrable offenders","content":"\t38 Reporting period for New South Wales registrable offenders\n\n(1) Subject to subsection (2), a New South Wales registrable offender must continue to comply with the reporting obligations imposed by this Part for the period he or she is required to report in accordance with the New South Wales Act.\n\n(2) A New South Wales registrable offender who, on or after the date specified by the regulations for the purposes of section 10, is sentenced for a registrable offence or becomes a corresponding registrable offender must continue to comply with the reporting obligations imposed by this Part for—\n\n(a) the period referred to in subsection (1); or\n\n(b) the period that he or she is required to report in accordance with this Division (other than this section)—\n\nwhichever is longer.\n\nPt 3 Div. 6 (Heading) substituted by No. 82/2014 s. 15(1).\n\n","sortOrder":62},{"sectionNumber":"Div 6","sectionType":"division","heading":"Suspension from reporting obligations","content":"Division 6—Suspension from reporting obligations\n\nS. 39 (Heading) amended by No. 82/2014 s. 15(2).\n\n","sortOrder":63},{"sectionNumber":"39","sectionType":"section","heading":"Supreme Court may suspend certain registrable offenders' reporting obligations","content":"\t39 Supreme Court may suspend certain registrable offenders' reporting obligations\n\nS. 39(1) amended by No. 55/2009 s. 34.\n\n(1) This section applies to a registrable offender who is required to continue to comply with the reporting obligations imposed by this Part for the remainder of his or her life.\n\n(2) If—\n\n(a) a period of 15 years has passed (ignoring any period during which the registrable offender was in government custody) since he or she was last sentenced or released from government custody in respect of a registrable offence or a corresponding registrable offence, whichever is later; and\n\n(b) he or she did not become the subject of a life-long reporting period under a corresponding Act whilst in a foreign jurisdiction before becoming the subject of such a period in Victoria; and\n\n(c) he or she is not on parole in respect of a registrable offence—\n\nthe registrable offender may apply to the Supreme Court for an order suspending his or her reporting obligations.\n\nS. 39A (Heading) amended by No. 82/2014 s. 15(3).\n\nS. 39A inserted by No. 55/2009 s. 35, amended by No. 25/2017 s. 12(1)(2)(ILA s. 39B(1)).\n\n","sortOrder":64},{"sectionNumber":"39A","sectionType":"section","heading":"Chief Commissioner may apply for suspension from reporting obligations","content":"\t39A Chief Commissioner may apply for suspension from reporting obligations\n\n(1) The Chief Commissioner may at any time apply to a court for an order suspending the reporting obligations under this Part of a registrable offender.\n\nS. 39A(2) inserted by No. 25/2017 s. 12(2).\n\n(2) Subject to this section, an application under subsection (1) must be made—\n\n(a) to the court that imposed the sentence at first instance for the registrable offence committed by the registrable offender; or\n\n(b) if the registrable offender has been sentenced for more than one registrable offence in more than one court, to the court of the highest jurisdiction that imposed a sentence at first instance.\n\nS. 39A(3) inserted by No. 25/2017 s. 12(2).\n\n(3) An application under subsection (1) must be made to the Magistrates' Court if the registrable offender—\n\n(a) has been sentenced by the Children's Court for one or more registrable offences; and\n\n(b) has not been sentenced for a registrable offence by any other court; and\n\n(c) is of or over the age of 21 years at the time the application is made.\n\nS. 39A(4) inserted by No. 25/2017 s. 12(2).\n\n(4) An application under subsection (1) that relates to a person who is a registrable offender because the person is a corresponding registrable offender or a New South Wales registrable offender or was sentenced for an offence in a foreign jurisdiction must be made to—\n\n(a) the Supreme Court, if the person to whom the application relates is of or over the age of 18 years at the time the application is made; or\n\n(b) the Children's Court, if the person to whom the application relates is a child at the time the application is made.\n\nS. 39B inserted by No. 25/2017 s. 13.\n\n","sortOrder":65},{"sectionNumber":"39B","sectionType":"section","heading":"How application is made","content":"\t39B How application is made\n\nAn application under section 39 or 39A is made by filing with the relevant court referred to in that section a document in writing—\n\n(a) stating the grounds on which the application is made; and\n\n(b) containing the information, if any, prescribed by the rules of court.\n\n","sortOrder":66},{"sectionNumber":"40","sectionType":"section","heading":"Order for suspension","content":"\t40 Order for suspension\n\n(1) On the application under section 39(2), the Supreme Court may make an order suspending the registrable offender's reporting obligations.\n\nS. 40(1A) inserted by No. 55/2009 s. 36(1), amended by No. 25/2017 s. 14(1).\n\n(1A) On the application under section 39A, a court may make an order suspending the registrable offender's reporting obligations for the period of time specified in the order (which may be the remainder of the offender's life).\n\nS. 40(2) amended by No. 55/2009 s. 36(2), substituted by No. 25/2017 s. 14(2).\n\n(2) A court must not make an order under this section unless it is satisfied that—\n\n(a) the registrable offender poses no risk or a low risk to the sexual safety of one or more persons or of the community; and\n\n(b) it is in the public interest to suspend the registrable offender's reporting obligations.\n\nS. 40(3) amended by Nos 55/2009 s. 36(3), 25/2017 s. 14(3)(a).\n\n(3) In deciding whether to make an order under this section, a court must take into account—\n\n(a) the seriousness of the registrable offender's registrable offences and corresponding registrable offences; and\n\n(b) the period of time since those offences were committed; and\n\n(c) the age of the registrable offender, the age of the victims of those offences and the difference in age between the registrable offender and the victims of those offences, as at the time those offences were committed; and\n\n(d) the registrable offender's present age; and\n\n(e) the registrable offender's total criminal record; and\n\nS. 40(3)(f) amended by No. 25/2017 s. 14(3)(b).\n\n(f) any other matter the court considers appropriate.\n\nS. 40(4) inserted by No. 55/2009 s. 36(4), amended by No. 25/2017 s. 14(4).\n\n(4) In deciding whether to make an order under subsection (1), the Supreme Court must also take into account any submissions made by the Chief Commissioner under section 41.\n\nS. 40(5) inserted by No. 55/2009 s. 36(4), amended by No. 25/2017 s. 14(5).\n\n(5) In deciding whether to make an order under subsection (1A), a court must also take into account any evidence presented by the Chief Commissioner as to the risk that the registrable offender presents to the sexual safety of one or more persons or the community.\n\n","sortOrder":67},{"sectionNumber":"41","sectionType":"section","heading":"Chief Commissioner is party to application","content":"\t41 Chief Commissioner is party to application\n\nThe Chief Commissioner of Police is a party to an application under section 39(2) and may make any submission to the Supreme Court in respect of the application.\n\nS. 42 amended by No. 25/2017 s. 15.\n\n","sortOrder":68},{"sectionNumber":"42","sectionType":"section","heading":"No costs to be awarded","content":"\t42 No costs to be awarded\n\nA court may not award costs in respect of proceedings under this Division.\n\nS. 43 amended by No. 55/2009 s. 38.\n\n","sortOrder":69},{"sectionNumber":"43","sectionType":"section","heading":"Restriction on right of unsuccessful applicant to re‑apply for order","content":"\t43 Restriction on right of unsuccessful applicant to re‑apply for order\n\nA registrable offender in respect of whom the Supreme Court refuses to make an order under section 40(1) is not entitled to make a further application to the Court until 5 years have elapsed from the date of the refusal, unless the Court otherwise orders at the time of the refusal.\n\n","sortOrder":70},{"sectionNumber":"44","sectionType":"section","heading":"Cessation of order","content":"\t44 Cessation of order\n\n(1) An order made under this Division ceases to have effect if, at any time after the making of the order, the registrable offender—\n\n(a) is made subject to a sex offender registration order; or\n\n(b) is found guilty of a registrable offence; or\n\n(c) becomes a corresponding registrable offender who must under section 37 continue to comply with the reporting obligations imposed by this Part for any period.\n\n(2) An order that ceased to have effect in accordance with subsection (1) is revived if—\n\n(a) the finding of guilt that caused the order to cease to have effect is quashed or set aside by a court; or\n\n(b) the order ceased to have effect in accordance with subsection (1)(a) and the sex offender registration order is quashed on appeal or the registrable offender's finding of guilt in respect of the offence that resulted in the making of that order is quashed or set aside by a court.\n\n(3) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt or a sex offender registration order.\n\nS. 44A (Heading) amended by No. 82/2014 s. 15(4).\n\nS. 44A inserted by No. 55/2009 s. 39.\n\n","sortOrder":71},{"sectionNumber":"44A","sectionType":"section","heading":"Chief Commissioner may apply for revocation of suspension order","content":"\t44A Chief Commissioner may apply for revocation of suspension order\n\nS. 44A(1) amended by No. 25/2017 s. 16.\n\n(1) The Chief Commissioner may apply to a court for the revocation of an order made by that court under section 40(1A) on the ground that the circumstances in which that order was sought have materially changed.\n\n(2) The order under section 40(1A) ceases to have effect on the making of an order under subsection (1).\n\n","sortOrder":72},{"sectionNumber":"45","sectionType":"section","heading":"Application for new order","content":"\t45 Application for new order\n\n(1) If an order ceases to have effect in accordance with section 44(1), the registrable offender may apply under this Division for a new order.\n\nS. 45(1A) inserted by No. 55/2009 s. 40(1).\n\n(1A) If an order ceases to have effect in accordance with section 44(1), the Chief Commissioner may apply under this Division for a new order.\n\n(2) Section 43 does not apply with respect to an application referred to in subsection (1).\n\nS. 45(3) amended by No. 55/2009 s. 40(2).\n\n(3) If an order ceases to have effect in accordance with section 44(1)(b) or (c), on an application under section 39(2) for a new order, section 39(2)(a) applies as if the period referred to were a period of 15 years (ignoring any period during which he or she was in government custody) since he or she last committed a registrable offence or a corresponding registrable offence.\n\nS. 45A (Heading) amended by No. 25/2017 s. 17(1).\n\nS. 45A inserted by No. 82/2014 s. 16.\n\n","sortOrder":73},{"sectionNumber":"45A","sectionType":"section","heading":"Chief Commissioner of Police may suspend reporting obligations for period not exceeding 5 years in certain circumstances","content":"\t45A Chief Commissioner of Police may suspend reporting obligations for period not exceeding 5 years in certain circumstances\n\nS. 45A(1) amended by No. 25/2017 s. 17(2).\n\n(1) Subject to subsection (2), the Chief Commissioner of Police, by written notice served on a registrable offender, may suspend the registrable offender's reporting obligations for a period (not exceeding 5 years) specified in the notice.\n\nS. 45A(2) amended by No. 25/2017 s. 17(3).\n\n(2) The Chief Commissioner of Police must not act under subsection (1) unless satisfied that the registrable offender does not pose a risk or poses a low risk to the sexual safety of one or more persons or of the community.\n\n(3) In deciding whether to act under subsection (1), the Chief Commissioner of Police must take into account—\n\n(a) the seriousness of the registrable offender's registrable offences and corresponding registrable offences; and\n\n(b) the period of time since those offences were committed; and\n\n(c) the age of the registrable offender, the age of the victims of those offences and the difference in age between the registrable offender and the victims of those offences, as at the time those offences were committed; and\n\n(d) the registrable offender's present age; and\n\n(e) the registrable offender's total criminal record; and\n\n(f) the extent to which the registrable offender has complied with their reporting obligations; and\n\n(g) the registrable offender's physical or cognitive capacity to comply with their reporting obligations; and\n\n(h) any other matter that the Chief Commissioner of Police considers appropriate.\n\n(4) The Chief Commissioner of Police—\n\n(a) may suspend a registrable offender's reporting obligations more than once; and\n\n(b) may cancel a suspension under this section at any time.\n\n(5) A suspension under this section is taken to be cancelled if during the period of the suspension an order is made under section 40 in respect of the registrable offender.\n\nDivision 7—Offences\n\n","sortOrder":74},{"sectionNumber":"46","sectionType":"section","heading":"Offence of failing to comply with reporting obligations","content":"\t46 Offence of failing to comply with reporting obligations\n\nS. 46(1) amended by No. 52/2007 s. 16, substituted by No. 82/2014 s. 17.\n\n(1) A registrable offender who without reasonable excuse fails to comply with any of the registrable offender's reporting obligations (other than reporting obligations in respect of details to which section 14 applies) is guilty of an offence and liable to level 6 imprisonment (5 years maximum).\n\nS. 46(1A) inserted by No. 82/2014 s. 17.\n\n(1A) A registrable offender who without reasonable excuse fails to comply with any of the registrable offender's reporting obligations in respect of details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) applies is guilty of an offence and liable to level 6 imprisonment (5 years maximum).\n\nS. 46(1B) inserted by No. 82/2014 s. 17.\n\n(1B) A registrable offender who without reasonable excuse fails to comply with any of the registrable offender's reporting obligations in respect of details to which section 14(1)(a), (b), (c), (h), (i) or (l) applies is guilty of an offence and liable to level 7 imprisonment (2 years maximum).\n\n(2) In determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters—\n\n(a) the person's age; and\n\n(b) whether the person has a disability that affects the person's ability to understand, or to comply with, those obligations; and\n\n(c) whether the form of notification given to the registrable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender's circumstances; and\n\n(d) any other matter the court considers appropriate.\n\n(3) It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.\n\nS. 47 substituted by No. 82/2014 s. 18.\n\n","sortOrder":75},{"sectionNumber":"47","sectionType":"section","heading":"Offence of furnishing false or misleading information","content":"\t47 Offence of furnishing false or misleading information\n\n(1) A registrable offender who in purported compliance with this Part furnishes details (other than details to which section 14 applies) that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units).\n\n(2) A registrable offender who in purported compliance with this Part furnishes details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) applies that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 6 imprisonment (5 years maximum).\n\n(3) A registrable offender who in purported compliance with this Part furnishes details to which section 14(1)(a), (b), (c), (h), (i) or (l) applies that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 7 imprisonment (2 years maximum).\n\nS. 47A inserted by No. 25/2017 s. 22.\n\n","sortOrder":76},{"sectionNumber":"47A","sectionType":"section","heading":"Search warrants","content":"\t47A Search warrants\n\n(1) A police officer of or above the rank of senior sergeant may apply to a magistrate for the issue of a search warrant in relation to particular premises or a place (including a vehicle in or on the premises or the place) if the police officer suspects on reasonable grounds that—\n\n(a) an offence against this Act has been, is being or is likely to be committed; and\n\n(b) it is necessary to search the particular premises or the place (including a vehicle in or on the premises or the place) in order—\n\n(i) to investigate or prevent the commission of that offence or the continuation of the commission of that offence; or\n\n(ii) to enable evidentiary material to be obtained of the commission of that offence or of the identity or location of an offender.\n\n(2) In addition to any other requirement, an application for a search warrant under this section must state—\n\n(a) the name and rank of the applicant; and\n\n(b) the particulars of the grounds on which the application is based; and\n\n(c) the address or other description of the premises or place to be searched; and\n\n(d) if the warrant is sought to search for a particular thing, a full description of that thing and, if known, its location; and\n\n(e) if the warrant is sought to search for a particular kind of thing, a description of the kind of thing; and\n\n(f) if a previous application for the same warrant was refused, details of the refusal; and\n\n(g) any other prescribed information.\n\n(3) On an application under subsection (1), if a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act has been, is being or is about to be committed, and that it is necessary to search the particular premises or a place (including a vehicle in or on the premises or the place) for a purpose specified in subsection (1)(b), the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary—\n\n(a) to enter the particular premises or place or vehicle named or described in the warrant; and\n\n(b) to search for and seize any evidence of the offence named or described in the warrant, including evidence of the identity or location of an offender.\n\n(4) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the prescribed form under that Act.\n\n(5) The rules to be observed with respect to search warrants set out by or under the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\n(6) In this section—\n\n***vehicle*** includes motor vehicle, aircraft and vessel.\n\nS. 47B inserted by No. 25/2017 s. 22.\n\n","sortOrder":77},{"sectionNumber":"47B","sectionType":"section","heading":"Expiry of search warrant","content":"\t47B Expiry of search warrant\n\nA search warrant issued under section 47A ceases to have effect on the earliest of the following—\n\n(a) on the expiry date specified in the warrant;\n\n(b) if no expiry date is specified, at the end of the period of one month after its issue;\n\n(c) when it is executed.\n\nS. 47C inserted by No. 25/2017 s. 22.\n\n","sortOrder":78},{"sectionNumber":"47C","sectionType":"section","heading":"Power to require assistance from person with knowledge of a computer or computer network","content":"\t47C Power to require assistance from person with knowledge of a computer or computer network\n\nIf a magistrate issues a warrant under section 47A, section 465AA (other than subsection (10A)) of the **Crimes Act 1958** applies as if—\n\n(a) a reference to the Magistrates' Court were a reference to a magistrate; and\n\n(b) a reference to a warrant under section 465 of the **Crimes Act 1958** were a reference to a warrant under section 47A; and\n\n(c) a reference to warrant premises were a reference to the particular premises or place (including a vehicle in or on the premises or place) specified in a warrant issued under section 47A; and\n\n(d) a reference to an indictable offence were a reference to an offence against this Act.\n\nS. 48 amended by No. 68/2009 s. 97(Sch. item 112.3).\n\n","sortOrder":79},{"sectionNumber":"48","sectionType":"section","heading":"Time limit for prosecutions waived","content":"\t48 Time limit for prosecutions waived\n\nDespite anything to the contrary in section 7(1) of the **Criminal Procedure Act 2009**, a proceeding for an offence under this Act may be commenced at any time.\n\n","sortOrder":80},{"sectionNumber":"49","sectionType":"section","heading":"Bar to prosecution for failing to report leaving Victoria","content":"\t49 Bar to prosecution for failing to report leaving Victoria\n\n(1) This section applies if a registrable offender leaves Victoria and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding Act.\n\n(2) The registrable offender is not to be prosecuted for a failure to comply with section 18 in respect of the travel out of Victoria.\n\nDivision 8—Notification of reporting obligations\n\n","sortOrder":81},{"sectionNumber":"50","sectionType":"section","heading":"Notice to be given to registrable offender","content":"\t50 Notice to be given to registrable offender\n\n(1) A registrable offender is to be given written notice of—\n\n(a) his or her reporting obligations; and\n\n(b) the consequences that may arise if he or she fails to comply with those obligations.\n\nS. 50(1A) inserted by No. 25/2017 s. 31.\n\n(1A) A notice under subsection (1) must include the details (if any) prescribed by the regulations.\n\n(2) A registrable offender is to be given a notice under this section as soon as practicable after any of the following events happens—\n\n(a) he or she is sentenced for a registrable offence;\n\n(b) he or she is released from government custody (whether in government custody for a registrable offence or not);\n\n(c) he or she enters Victoria if he or she has not previously been given notice of his or her reporting obligations in Victoria;\n\n(d) he or she becomes a corresponding registrable offender, if he or she is in Victoria at that time.\n\n(3) A notice under this section is to be given by the person or body specified in, or determined in accordance with, the regulations.\n\n(4) A person or body is not required to give a notice under this section if the notice has been given by another person or body.\n\nS. 50(5) substituted by No. 34/2005 s. 17.\n\n(5) Despite anything in this Division, a court that—\n\n(a) makes any order or imposes any sentence that has the effect of making a person a registrable offender for the purposes of this Act; or\n\n(b) imposes any sentence on a person in relation to a registrable offence—\n\nmust ensure that the person is, at the time the order is made or the sentence imposed, given a written notice specifying the reporting period that applies to him or her consequent on the order or sentence.\n\nS. 50(5A) inserted by No. 21/2016 s. 18(1).\n\n(5A) The court may issue a further notice to correct an error in a notice given to a person under this section.\n\nS. 50(6) inserted by No. 34/2005 s. 17, amended by No. 21/2016 s. 18(2).\n\n(6) In subsections (5) and (5A), ***court*** does not include a court of a foreign jurisdiction.\n\nS. 51 (Heading) amended by No. 34/2005 s. 18(1).\n\n","sortOrder":82},{"sectionNumber":"51","sectionType":"section","heading":"Courts to provide information to Chief Commissioner of Police","content":"\t51 Courts to provide information to Chief Commissioner of Police\n\n(1) This section applies if a court—\n\n(a) makes any order or imposes any sentence that has the effect of making a person a registrable offender for the purposes of this Act; or\n\n(b) imposes any sentence on a person in relation to a registrable offence; or\n\nS. 51(1)(ba) inserted by No. 34/2005 s. 18(2).\n\n(ba) determines an appeal made to it by a registrable offender against the finding of guilt or sentence in respect of a registrable offence or against the making of a sex offender registration order in respect of an offence; or\n\n(c) makes any order in relation to a registrable offender that has the effect of removing the person from the ambit of this Act.\n\n**Example:**\n\nParagraph (c) would apply, for instance, if a court on appeal quashes a person's finding of guilt in relation to a registrable offence in respect of which he or she had been sentenced and that was the only offence in respect of which he or she had ever been found guilty.\n\nS. 51(2) amended by No. 34/2005 s. 18(3)(a)(b).\n\n(2) The court must ensure that details of the order, sentence or determination of appeal are provided to the Chief Commissioner of Police as soon as is practicable after the making or imposition of the order or sentence or the determination of the appeal (as the case requires).\n\n(3) In this section, ***court*** does not include a court of a foreign jurisdiction.\n\n","sortOrder":83},{"sectionNumber":"52","sectionType":"section","heading":"Notice to be given when reporting period changes","content":"\t52 Notice to be given when reporting period changes\n\n(1) This section applies to a registrable offender whose reporting period has changed since he or she was last notified of his or her reporting period in Victoria.\n\n(2) The Chief Commissioner of Police must give (or cause to be given) written notice to the registrable offender as soon as is practicable after the change and in no case later than the time the offender next reports in accordance with this Act.\n\n","sortOrder":84},{"sectionNumber":"53","sectionType":"section","heading":"Supervising authority to notify Chief Commissioner of Police of certain events","content":"\t53 Supervising authority to notify Chief Commissioner of Police of certain events\n\n(1) This section applies if a registrable offender—\n\nS. 53(1)(a) repealed by No. 34/2005 s. 19.\n\n(b) ceases to be in government custody; or\n\n(c) ceases to be subject to a supervised sentence; or\n\nS. 53(1)(d) amended by No. 68/2009 s. 97(Sch. item 112.4).\n\n(d) ceases to participate in a diversion program under section 59 of the **Criminal Procedure Act 2009**; or\n\n(e) ceases to be subject to a condition of parole requiring the person to be subject to supervision; or\n\n(f) ceases to be an existing licensee—\n\nregardless of the reason why the registrable offender was in custody, was subject to the sentence, was in the program, was on parole or was a licensee.\n\n(2) As soon as is practicable before or after the relevant event listed in subsection (1) occurs, the supervising authority is to give written notice of the event to the Chief Commissioner of Police.\n\n(3) The notice must include any details required by the regulations.\n\nS. 54 amended by No. 25/2017 s. 32 (ILA s. 39B(1)).\n\n","sortOrder":85},{"sectionNumber":"54","sectionType":"section","heading":"Notices may be given by Chief Commissioner","content":"\t54 Notices may be given by Chief Commissioner\n\n(1) The Chief Commissioner of Police may, at any time, cause written notice to be given to a registrable offender of—\n\n(a) his or her reporting obligations; and\n\n(b) the consequences that may arise if he or she fails to comply with those obligations.\n\nS. 54(2) inserted by No. 25/2017 s. 32.\n\n(2) A notice under subsection (1) must include the details (if any) prescribed by the regulations.\n\n","sortOrder":86},{"sectionNumber":"55","sectionType":"section","heading":"Failure to comply with procedural requirements does not affect registrable offender's obligations","content":"\t55 Failure to comply with procedural requirements does not affect registrable offender's obligations\n\nA failure by any person other than a registrable offender to comply with any procedural requirement imposed on the person by this Part or the regulations does not, of itself, affect a registrable offender's reporting obligations.\n\nThis section aims to prevent a registrable offender who was not given notice of a reporting obligation by an official as required by this Part from arguing that the obligation does not apply to him or her as a result of that failure if there is evidence that the registrable offender was aware of the obligation through some other means. (If there is no such evidence then the registrable offender would have a defence to the charge under section 46(3) on the basis that he or she was not aware of the obligation.)\n\nDivision 9—Modified reporting procedures for protected witnesses\n\n","sortOrder":87},{"sectionNumber":"56","sectionType":"section","heading":"Who this Division applies to","content":"\t56 Who this Division applies to\n\n(1) This Division applies to each of the following—\n\n(a) any registrable offender who is currently a participant in a Victorian witness protection program;\n\n(b) any registrable offender who is the subject of an order in force under this Division declaring that he or she is a person to whom this Division applies.\n\n(2) This Division (except sections 58 to 60) also applies to a registrable offender who is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.\n\n(3) In this Division, ***Victorian witness protection program*** has the same meaning as it has in the **Witness Protection Act 1991**.\n\nSection 6(5) excludes from the definition of ***registrable offender*** persons receiving protection under foreign witness protection laws prescribed for the purposes of that section or who have the same status as such persons under a corresponding Act that is so prescribed.\n\n","sortOrder":88},{"sectionNumber":"57","sectionType":"section","heading":"Report need not be made in person","content":"\t57 Report need not be made in person\n\nIt is sufficient compliance with the requirements of this Part—\n\n(a) if a person to whom this Division applies reports such of the information that he or she is required to report under this Part as the Chief Commissioner of Police requires him or her to report and does so at the times, and in a manner, authorised by the Chief Commissioner of Police for the purposes of this section; and\n\nS. 57(b) amended by No. 55/2025 s. 75(2).\n\n(b) if the acknowledgement of the making of a report is given in a manner approved by the Chief Commissioner of Police.\n\n","sortOrder":89},{"sectionNumber":"58","sectionType":"section","heading":"Order as to whether this Division applies","content":"\t58 Order as to whether this Division applies\n\n(1) The Chief Commissioner of Police must make an order declaring that a registrable offender who is a participant in a Victorian witness protection program either is, or is not, a person to whom this Division applies—\n\n(a) when the registrable offender ceases to be a participant in the program as a consequence of a request under section 16(1) of the **Witness Protection Act 1991**; or\n\n(b) when the Chief Commissioner of Police makes a decision under section 16(2) of the **Witness Protection Act 1991** that the protection and assistance provided to the registrable offender under the program be terminated.\n\n(2) On making such an order, the Chief Commissioner of Police must take reasonable steps to notify the registrable offender of the terms of the order.\n\n(3) A person who receives such a notification may, within 28 days after receiving it, apply in writing to the Chief Commissioner of Police for a review of the order.\n\n(4) On receiving an application for a review, the Chief Commissioner of Police—\n\n(a) must review the order, and confirm or reverse it; and\n\n(b) before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case; and\n\n(c) after making a decision on the matter, must give written notice of the decision to the applicant.\n\n(5) If the decision of the Chief Commissioner of Police is to confirm the order, the notice of the decision must inform the applicant of his or her rights under section 59.\n\n","sortOrder":90},{"sectionNumber":"59","sectionType":"section","heading":"Appeal against order","content":"\t59 Appeal against order\n\nS. 59(1) amended by Nos 79/2004 s. 100(2)(a)(i), 82/2012 s. 131(1).\n\n(1) A person who is aggrieved by a decision of the Chief Commissioner of Police in relation to an order under this Division may appeal to the IBAC against the decision within 3 days after receiving notice of the decision.\n\nS. 59(2) amended by Nos 79/2004 s. 100(2)(a)(i), 82/2012 s. 131(1).\n\n(2) The IBAC, in determining the appeal, may make any decision that could have been made by the Chief Commissioner of Police.\n\nS. 59(3) amended by Nos 79/2004 s. 100(2)(a)(ii), 82/2012 s. 131(2).\n\n(3) The IBAC's decision in respect of the appeal has effect according to its terms.\n\n","sortOrder":91},{"sectionNumber":"60","sectionType":"section","heading":"When order takes effect","content":"\t60 When order takes effect\n\n(1) An order declaring that this Division applies to a registrable offender takes effect immediately.\n\n(2) An order declaring that this Division does not apply to a registrable offender takes effect—\n\n(a) at the end of 28 days after notice of the making of the order is given to the registrable offender; or\n\n(b) if an application referred to in section 58(3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in section 58(4)(c); or\n\nS. 60(2)(c) amended by Nos 79/2004 s. 100(2)(b), 82/2012 s. 132.\n\n(c) if an appeal is made under section 59 before the end of that 3 day period, on the date on which the IBAC determines the appeal—\n\nS. 61 amended by No. 82/2014 s. 19.\n\n","sortOrder":92},{"sectionNumber":"61","sectionType":"section","heading":"Modification of ongoing reporting obligations","content":"\t61 Modification of ongoing reporting obligations\n\nSections 14(1), 18 to 21A and 49 apply with respect to a person to whom this Division applies as if any reference in them to Victoria were a reference to the jurisdiction in which the person generally resides.\n\nPt 3 Div. 10 (Heading and ss 61A–61G) inserted by No. 21/2016 s. 11.\n\nDivision 10—Publication of information about registrable offender who fails to comply with reporting obligations\n\nS. 61A inserted by No. 21/2016 s. 11.\n\n","sortOrder":93},{"sectionNumber":"61A","sectionType":"section","heading":"Chief Commissioner of Police may publish information if registrable offender cannot be","content":"\t61A Chief Commissioner of Police may publish information if registrable offender cannot be  \nlocated\n\n(1) Subject to sections 61B and 61C, the Chief Commissioner of Police may publish, on an Internet site maintained by the Chief Commissioner, information about a registrable offender if—\n\n(a) the Chief Commissioner is satisfied that the registrable offender—\n\n(i) has failed to comply with the registrable offender's reporting obligations; or\n\n(ii) in purported compliance with the registrable offender's reporting obligations, has reported details that are false or misleading in any particular; and\n\n(b) the Chief Commissioner is satisfied that publishing the information may—\n\n(i) assist police in locating the registrable offender; or\n\n(ii) protect the sexual safety of the community; and\n\n(c) the registrable offender's whereabouts are not known to the Chief Commissioner.\n\n(2) The Chief Commissioner of Police may publish under subsection (1)—\n\n(a) personal information about a registrable offender, including—\n\n(i) any photographs of the registrable offender; and\n\n(ii) subject to section 61C(4), information reported by the registrable offender under this Part; and\n\n(b) information disclosing that the registrable offender is a registrable offender.\n\nS. 61B inserted by No. 21/2016 s. 11.\n\n","sortOrder":94},{"sectionNumber":"61B","sectionType":"section","heading":"Chief Commissioner of Police must attempt to notify registrable offender before publication","content":"\t61B Chief Commissioner of Police must attempt to notify registrable offender before publication\n\nIf the Chief Commissioner of Police intends to publish information under section 61A(1) about a registrable offender, the Chief Commissioner must make reasonable efforts to contact the registrable offender and advise that information about the registrable offender may be published if the offender does not report to the Chief Commissioner.\n\nS. 61C inserted by No. 21/2016 s. 11.\n\n","sortOrder":95},{"sectionNumber":"61C","sectionType":"section","heading":"Restrictions on publication","content":"\t61C Restrictions on publication\n\n(1) The Chief Commissioner of Police must not publish under section 61A—\n\n(a) any information about a registrable offender who is a child; or\n\n(b) any information that may identify  a child (including a registrable offender who is a child).\n\n(2) The Chief Commissioner of Police must not publish under section 61A any information about a registrable offender to whom Division 9 applies.\n\n(3) The Chief Commissioner of Police must consult with the Commissioner for Corrections before publishing under section 61A any information about a registrable offender who is—\n\n(a) on parole; or\n\nS. 61C(3)(b) substituted by No. 27/2018 s. 365(3).\n\n(b) subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order within the meaning of the **Serious Offenders Act 2018**.\n\n(4) The Chief Commissioner of Police must not publish under section 61A any personal details reported by the registrable offender under section 14(1)(d), (f) or (g) unless any other person to whom those details relate  \n(or the other person's representative) has been notified of the intended publication.\n\n(5) Despite subsection (4), the Chief Commissioner of Police is not required to notify a person if the notification would compromise a police investigation.\n\nS. 61D inserted by No. 21/2016 s. 11.\n\n","sortOrder":96},{"sectionNumber":"61D","sectionType":"section","heading":"Chief Commissioner of Police to take into account certain matters before publishing","content":"\t61D Chief Commissioner of Police to take into account certain matters before publishing\n\nThe Chief Commissioner of Police may have regard to any of the following in deciding whether to publish information about a registrable offender under section 61A—\n\n(a) the benefit to the community of publication;\n\n(b) the effect that publication might have on a victim of an offence committed by the registrable offender;\n\n(c) if known, the views of a victim of an offence committed by the registrable offender;\n\n(d) any medical, psychiatric, psychological or other assessment relating to the registrable offender;\n\n(e) any information indicating whether or not the registrable offender is likely to commit an offence in future;\n\n(f) whether or not there is a pattern of offending behaviour on the part of the registrable offender;\n\n(g) the registrable offender's criminal record;\n\n(h) if the registrable offender is awaiting trial for an offence, whether the publication might prejudice the fair trial of the registrable offender;\n\n(i) any other matter that the Chief Commissioner of Police considers  \nrelevant.\n\nS. 61E inserted by No. 21/2016 s. 11.\n\n","sortOrder":97},{"sectionNumber":"61E","sectionType":"section","heading":"Removal of information","content":"\t61E Removal of information\n\n(1) As soon as practicable after the registrable offender about whom information was published is located (whether or not by making a report to police), the Chief Commissioner of Police must remove from the Internet site any information about the registrable offender published under section 61A(1).\n\n(2) In addition to subsection (1), the Chief Commissioner of Police may, at any time, remove from the Internet site any information published under section 61A(1).\n\n(3) The Chief Commissioner of Police may, at any time, republish, in accordance with section 61A, any information removed under this section.\n\nS. 61F inserted by No. 21/2016 s. 11.\n\n","sortOrder":98},{"sectionNumber":"61F","sectionType":"section","heading":"Disclosure by senior police of personal information published under this Division","content":"\t61F Disclosure by senior police of personal information published under this Division\n\nThe Chief Commissioner of Police or a police officer of or above the rank of superintendent may disclose personal information about a registrable offender if that information—\n\n(a) has been published by the Chief Commissioner of Police under section 61A(1); and\n\n(b) at the time of making the disclosure, has not been removed from the Internet site by the Chief Commissioner of Police under section 61E.\n\nS. 61G inserted by No. 21/2016 s. 11.\n\n","sortOrder":99},{"sectionNumber":"61G","sectionType":"section","heading":"Offence—republication by third parties that would incite, or would be likely to incite, animosity or harassment","content":"\t61G Offence—republication by third parties that would incite, or would be likely to incite, animosity or harassment\n\n(1) This section applies in respect of information about a registrable offender that has been published by the Chief Commissioner of Police under section 61A(1).\n\n(2) A person must not publish information about a registrable offender if the person knows, or ought reasonably to know, that the publication would create, promote or increase animosity towards, or harassment of, the registrable offender or an associate of the registrable offender.\n\nPenalty: In the case of an individual, 240 penalty units or 2 years imprisonment;\n\nIn the case of a body corporate, 1200 penalty units.\n\nS. 61G(3) repealed by No. 55/2025 s. 70.\n\n","sortOrder":100},{"sectionNumber":"Part 4","sectionType":"part","heading":"The Sex Offender Register","content":"Part 4—The Sex Offender Register\n\n","sortOrder":101},{"sectionNumber":"62","sectionType":"section","heading":"Register of Sex Offenders","content":"\t62 Register of Sex Offenders\n\nS. 62(1) amended by No. 20/2015 s. 14.\n\n(1) The Chief Commissioner of Police is to establish and maintain, or arrange for another entity to establish and maintain, a Register of Sex Offenders.\n\n(2) The Register is to contain the following information in respect of each registrable offender (to the extent that it is known by the Chief Commissioner of Police)—\n\n(a) the registrable offender's name and other identifying particulars; and\n\n(b) details of each Class 1 or Class 2 offence of which the registrable offender has been found guilty or with which he or she has been charged; and\n\n(c) details of each offence of which the registrable offender has been found guilty that resulted in the making of a sex offender registration order; and\n\n(d) the date on which the registrable offender was sentenced for any registrable offence; and\n\n(e) the date on which the registrable offender ceased to be in government custody in respect of a registrable offence, or entered or ceased to be in government custody in respect of any offence during his or her reporting period; and\n\n(f) any information reported in respect of the registrable offender under Part 3; and\n\nS. 62(2)(fa) inserted by No. 21/2016 s. 6.\n\n(fa) if a prohibition order or a registration order has been made against the registrable offender, the details of that order; and\n\n(g) any other information that the Chief Commissioner of Police considers appropriate to include in the Register.\n\n","sortOrder":102},{"sectionNumber":"63","sectionType":"section","heading":"Access to the Register to be restricted","content":"\t63 Access to the Register to be restricted\n\n(1) The Chief Commissioner of Police must ensure—\n\n(a) that the Register, or any part of the Register, is only accessed by a person, or a class of person, who is authorised to do so by the Chief Commissioner of Police; and\n\nS. 63(1)(b) amended by No. 34/2005 s. 20(1)(a)–(c), substituted by No. 52/2007 s. 17.\n\n(b) that personal information in the Register is only disclosed in accordance with this Act.\n\nS. 63(1A) inserted by No. 34/2005 s. 20(2).\n\n(1A) Despite subsection (1)(b), the Chief Commissioner of Police may notify the Registrar within the meaning of the **Births, Deaths and Marriages Registration Act 1996** of the name (including any other name by which he or she is, or has previously been, known), date of birth and residential address or addresses of any registrable offender as stated in the Register.\n\nS. 63(1B) inserted by No. 55/2009 s. 47, amended by Nos 34/2020 s. 241, 58/2025 s. 125(Sch. 2 item 5).\n\n(1B) Despite subsection (1)(b), for the purposes of administering the **Worker Screening Act 2020**, the Chief Commissioner of Police may notify the Regulator within the meaning of that Act of the name (including any other name by which he or she is, or has previously been, known), date of birth and residential address or addresses of any registrable offender as stated in the Register.\n\nS. 63(1C) inserted by No. 82/2014 s. 20.\n\n(1C) Despite subsection (1)(b), for the purposes of administering the **Firearms Act 1996**, the Chief Commissioner of Police may notify the Firearms Appeals Committee established under Part 9 of that Act, and any person assisting that Committee, of part or all of the information relating to a registrable offender that is in the Register.\n\nS. 63(2) amended by No. 3/2019 s. 48.\n\n(2) The Chief Commissioner of Police must develop guidelines in relation to the accessing and disclosure of personal information in the Register that support access and disclosure of personal information in the Register occurring only to the extent authorised or permitted in accordance with this Act.\n\n(3) For the purposes of this section, the Register includes any information from any register maintained under a corresponding Act that is accessible by the Chief Commissioner of Police, regardless of whether or not that information is physically part of the Register.\n\n(4) This section has effect despite any other Act or law to the contrary.\n\nS. 64 substituted by No. 52/2007 s. 18.\n\n","sortOrder":103},{"sectionNumber":"64","sectionType":"section","heading":"Person with access to Register not to disclose personal information from it","content":"\t64 Person with access to Register not to disclose personal information from it\n\n(1) A person authorised to have access to the Register or any part of the Register must not disclose any personal information in the Register to any person.\n\n1. 240 penalty units or imprisonment for 2 years.\n\n(2) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information in the Register to a government department, public statutory authority or court—\n\nS. 64(2)(a) amended by No. 3/2019 s. 49(1).\n\n(a) for the purpose of judicial functions or activities; or\n\nS. 64(2)(ab) inserted by No. 3/2019 s. 49(2).\n\n(ab) for the purpose of the performance of a function of a law enforcement agency under any Act or law; or\n\nS. 64(2)(b) amended by No. 82/2014 s. 21.\n\n(b) as authorised or required by or under any Act or law; or\n\nS. 64(2)(c) amended by No. 21/2016 s. 7(1)(a).\n\n(c) if the Chief Commissioner or a person authorised to have access to the Register believes on reasonable grounds that to do so is necessary to enable the proper administration of this Act; or\n\nS. 64(2)(d) inserted by No. 21/2016 s. 7(1)(b).\n\n(d) for the purposes of an order made under Part 4A (other than an order under section 66ZD or 66ZE).\n\nS. 64(3) inserted by No. 20/2015 s. 15, amended by No. 54/2016 s. 38(1).\n\n(3) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information in the Register to the Australian Crime Commission for entry on the Australian National Child Offender Register.\n\nS. 64(3A) inserted by No. 21/2016 s. 12.\n\n(3A) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information from the Register as authorised by Division 10 of Part 3.\n\nS. 64(3B) inserted by No. 21/2016 s. 7(2).\n\n(3B) Despite subsection (1), the Chief Commissioner of Police may disclose personal information from the Register as authorised by section 66ZZC.\n\nS. 64(3C) inserted by No. 55/2025 s. 71.\n\n(3C) Despite subsection (1), the Chief Commissioner of Police may disclose personal information in the Register as authorised by Part 5D.\n\nS. 64(4) inserted by No. 20/2015 s. 15, substituted by No. 54/2016 s. 38(2).\n\n(4) In this section—\n\nS. 64(4) def. of *Australian Crime Commission* amended by No. 3/2019 s. 49(3)(a).\n\n***Australian Crime Commission*** means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;\n\nS. 64(4) def. of *government department* inserted by No. 3/2019 s. 49(3)(b).\n\n***government department*** includes a government department (however described) of a foreign jurisdiction;\n\nS. 64(4) def. of *law enforcement agency* inserted by No. 3/2019 s. 49(3)(b).\n\n***law enforcement agency*** means—\n\n(a) Victoria Police; or\n\n(b) the police force or police service (however described) of a foreign jurisdiction;\n\nS. 64(4) def. of *public statutory authority* inserted by No. 3/2019 s. 49(3)(b).\n\n***public statutory authority*** includes a public statutory authority (however described) of a foreign jurisdiction.\n\nS. 64A inserted by No. 82/2014 s. 22.\n\n","sortOrder":104},{"sectionNumber":"64A","sectionType":"section","heading":"Disclosure of de-identified information","content":"\t64A Disclosure of de-identified information\n\n(1) The Chief Commissioner of Police, if the Chief Commissioner considers it appropriate to do so, may provide to any person information in the Register in respect of one or more registrable offenders if the information is de-identified information.\n\n(2) The Chief Commissioner of Police may impose any restriction or condition that the Chief Commissioner thinks fit on the use of de‑identified information disclosed under subsection (1).\n\n(3) A person to whom de-identified information is disclosed under subsection (1) must comply with any restriction or condition on its use that is imposed by the Chief Commissioner.\n\nPenalty: 10 penalty units in the case of a natural person;\n\n50 penalty units in the case of a body corporate.\n\n(4) In this section—\n\n***de-identified information*** means information about an individual whose identity, or the identity of any other individual, is not apparent or cannot reasonably be ascertained from the information.\n\nS. 65 amended by No. 37/2014 s. 10(Sch. item 154.7).\n\n","sortOrder":105},{"sectionNumber":"65","sectionType":"section","heading":"Restriction on who may access personal information on protected witnesses","content":"\t65 Restriction on who may access personal information on protected witnesses\n\nThe Chief Commissioner of Police must ensure that any personal information in the Register about a person to whom Division 9 of Part 3 applies cannot be accessed other than by a person authorised by the police officer or officer of an approved authority (within the meaning of the **Witness Protection Act 1991**) responsible for the day to day operation of the witness protection program.\n\n","sortOrder":106},{"sectionNumber":"66","sectionType":"section","heading":"Registrable offender's rights in relation to Register","content":"\t66 Registrable offender's rights in relation to Register\n\n(1) If asked to do so by a registrable offender, the Chief Commissioner of Police must provide the registrable offender with a copy of all the reportable information that is held in the Register in relation to the registrable offender.\n\n(2) The Chief Commissioner of Police must comply with subsection (1) as soon as is practicable after being asked to do so.\n\n(3) A registrable offender may ask the Chief Commissioner of Police to amend any reportable information held in the Register in relation to the registrable offender that is incorrect.\n\n(4) The Chief Commissioner of Police must comply with such a request on being satisfied that the information is incorrect.\n\n(5) In this section, ***reportable information*** means any information supplied to the Chief Commissioner of Police by, or on behalf of, the registrable offender that the registrable offender is required to report to the Chief Commissioner and that is still held in the Register.\n\nS. 66A (Heading) amended by No. 82/2012 s. 133(1).\n\nS. 66A inserted by No. 79/2004 s. 101 (as amended by No. 97/2004 s. 9(7)), amended by No. 82/2012 s. 133(2), repealed by No. 21/2016 s. 14.\n\nS. 66B (Heading) amended by No. 82/2012 s. 133(3).\n\nS. 66B inserted by No. 79/2004 s. 101 (as amended by No. 97/2004 s. 9(7)), amended by Nos 82/2012 s. 133(4), 37/2014 s. 10(Sch. item 154.8), repealed by No. 21/2016 s. 14.\n\nS. 66C inserted by No. 79/2004 s. 101 (as amended by No. 97/2004 s. 9(7)), amended by Nos 34/2008 s. 143(Sch. 2 items 10.2, 10.3), 82/2012 s. 134, 37/2014 s. 10(Sch. item 154.9), repealed by No. 21/2016 s. 14.\n\nS. 66D inserted by No. 79/2004 s. 101 (as amended by No. 97/2004 s. 9(7)), amended by No. 82/2012 s. 135, repealed by No. 21/2016 s. 14.\n\nPt 4A (Headings and ss 66A–66ZZD) inserted by No. 21/2016 s. 8.\n\n","sortOrder":107},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Prohibition orders","content":"Part 4A—Prohibition orders\n\nDivision 1—Preliminary\n\nNew s. 66A inserted by No. 21/2016 s. 8.\n\n","sortOrder":108},{"sectionNumber":"66A","sectionType":"section","heading":"Definitions","content":"\t66A Definitions\n\n***approved test procedures*** means test procedures approved by the Chief Commissioner of Police under section 66S(2);\n\n***assessment report*** means a report prepared under section 66L;\n\n***community treatment report*** means a report prepared under section 66M;\n\n***drug of dependence*** has the same meaning as in section 4 of the **Drugs, Poisons and Controlled Substances Act 1981**;\n\n***monitoring condition*** means a condition of a prohibition order referred to in section 66U(1);\n\n***properly notified***, in relation to the making  \nof an order, has the meaning given in section 66C(1).\n\nNew s. 66B inserted by No. 21/2016 s. 8.\n\n","sortOrder":109},{"sectionNumber":"66B","sectionType":"section","heading":"Sexual safety of the community paramount in prohibition order decisions","content":"\t66B Sexual safety of the community paramount in prohibition order decisions\n\n(1) The court must give paramount consideration to the sexual safety of the community in deciding whether to—\n\n(a) make, vary, revoke or extend a prohibition order; or\n\n(b) vary a corresponding prohibition order before registration or vary a registration order.\n\n(2) For the purposes of subsection (1), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person.\n\nNew s. 66C inserted by No. 21/2016 s. 8.\n\n","sortOrder":110},{"sectionNumber":"66C","sectionType":"section","heading":"When is a registrable offender properly notified of an order?","content":"\t66C When is a registrable offender properly notified of an order?\n\n(1) For the purposes of this Part, a registrable offender is properly notified of an order—\n\n(a) if the registrable offender is before the court when the order is made, on the making of the order; or\n\n(b) otherwise, when a copy of the order is served on the registrable offender.\n\n(2) An order made under this Part has effect on its making but a prohibition order or a registration order, or an order varying a prohibition order or a variation order, cannot be enforced against a registrable offender until the registrable offender is properly notified that the order has been made.\n\nDivision 2—Application for a prohibition order\n\nNew s. 66D inserted by No. 21/2016 s. 8.\n\n","sortOrder":111},{"sectionNumber":"66D","sectionType":"section","heading":"Making application for a prohibition order","content":"\t66D Making application for a prohibition order\n\n(1) The Chief Commissioner of Police may apply for a prohibition order in respect of a registrable offender.\n\n(2) An application under subsection (1) must be made—\n\n(a) if the registrable offender is a child, to the Criminal Division of the Children's Court; or\n\n(b) in any other case, to the Magistrates' Court.\n\n(3) An application under subsection (1) must—\n\n(c) include an affidavit made by a police officer setting out the grounds on which the prohibition order is sought; and\n\n(4) An application for a prohibition order must be served on the registrable offender as soon as practicable after the application is made.\n\nDivision 3—Interim prohibition orders\n\nS. 66E inserted by No. 21/2016 s. 8.\n\n","sortOrder":112},{"sectionNumber":"66E","sectionType":"section","heading":"Court may make an interim prohibition order","content":"\t66E Court may make an interim prohibition order\n\n(1) The court may make an interim prohibition order on an application under section 66D if the court is satisfied, on the balance of probabilities, that—\n\n(a) the registrable offender poses a risk to the sexual safety of one or more persons or of children or the community generally; and\n\n(b) it is necessary to make an interim prohibition order to reduce that risk pending a final decision about the application.\n\n(2) If the registrable offender is an adult, the court may make an interim prohibition order—\n\n(a) whether or not the registrable offender has been served with a copy of the application for the prohibition order; and\n\n(b) whether or not the registrable offender is present when the interim prohibition order is made.\n\n(3) If the registrable offender is an adult, the court may make an interim prohibition order by consent of the parties—\n\n(a) without being satisfied as to any matter in subsection (1); and\n\n(b) without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so.\n\n(4) For the purposes of subsection (3)(b), in determining whether it is in the interests of justice to conduct a hearing, the court may take into account whether the registrable offender—\n\n(b) has impaired intellectual functioning; or\n\n(c) is a person in respect of whom a guardianship order is in force; or\n\n(d) has the capacity to understand the proceeding; or\n\n(e) may otherwise be prevented from understanding the effect of consenting  \nto the order.\n\nS. 66F inserted by No. 21/2016 s. 8.\n\n","sortOrder":113},{"sectionNumber":"66F","sectionType":"section","heading":"Explanation of interim prohibition order","content":"\t66F Explanation of interim prohibition order\n\n(1) If the court makes an interim prohibition order, the court must give the registrable offender a written notice that—\n\n(a) states that the interim prohibition order has been made; and\n\nS. 66F  \n(1)(b)–(d) repealed by No. 25/2017 s. 33.\n\n(e) states that it is an offence to contravene the interim prohibition order, and the maximum penalties that apply to a contravention; and\n\n(2) The written notice must—\n\n(a) if the registrable offender is before the court, be given to the registrable offender with the copy of the interim prohibition order; or\n\n(b) if the registrable offender is not before the court, be served on the registrable offender with the copy of the interim prohibition order.\n\nS. 66G inserted by No. 21/2016 s. 8.\n\n","sortOrder":114},{"sectionNumber":"66G","sectionType":"section","heading":"Hearing to be listed about final prohibition order as soon as practicable","content":"\t66G Hearing to be listed about final prohibition order as soon as practicable\n\nIf the court makes an interim prohibition order, the court must ensure the application under section 66D is listed for hearing about the final prohibition order as soon as practicable.\n\nS. 66H inserted by No. 21/2016 s. 8.\n\n","sortOrder":115},{"sectionNumber":"66H","sectionType":"section","heading":"Duration of interim prohibition orders","content":"\t66H Duration of interim prohibition orders\n\nAn interim prohibition order ends on the earliest of the following—\n\n(a) if the interim prohibition order is revoked by the court, on its revocation;\n\n(b) if the court makes a final prohibition order, when the registrable offender is properly notified of the making of the final prohibition order;\n\n(c) if the court refuses to make a final prohibition order, on the refusal to make the order;\n\n(d) if the application under section 66D is withdrawn, at the time the application is withdrawn.\n\nDivision 4—Final prohibition orders\n\nS. 66I inserted by No. 21/2016 s. 8.\n\n","sortOrder":116},{"sectionNumber":"66I","sectionType":"section","heading":"Court may make a final prohibition order","content":"\t66I Court may make a final prohibition order\n\n(1) The court may make a final prohibition order if the court is satisfied, on the balance of probabilities, that—\n\n(a) the registrable offender has engaged in behaviour alleged in the application; and\n\n(b) having regard to the nature and pattern of that behaviour, that the registrable offender poses a risk to the sexual safety of one or more persons or of children or the community generally; and\n\n(c) making the final prohibition order will reduce that risk.\n\n(2) For the purposes of subsection (1)(b), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person.\n\n(3) If the registrable offender is an adult, the court may make a final prohibition order by consent of the parties—\n\n(a) without being satisfied as to any matter in subsection (1); and\n\n(b) without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so.\n\n(4) For the purposes of subsection (3)(b), in determining whether it is in the interests of justice to conduct a hearing, the court may take into account whether the registrable offender—\n\n(b) has impaired intellectual functioning; or\n\n(c) is a person in respect of whom a guardianship order is in force; or\n\n(d) has the capacity to understand the proceeding; or\n\n(e) may otherwise be prevented from understanding the effect of consenting  \nto the order.\n\nS. 66J inserted by No. 21/2016 s. 8.\n\n","sortOrder":117},{"sectionNumber":"66J","sectionType":"section","heading":"Considerations in making a final prohibition order","content":"\t66J Considerations in making a final prohibition order\n\nIn determining whether to make a final prohibition order, the court must consider the following—\n\n(a) the registrable offender's findings of guilt or charges for sexual and other relevant offences, and for each offence—\n\n(i) the seriousness and nature of the offence; and\n\n(ii) the period since the offence was committed; and\n\n(iii) the ages of the registrable offender and the victim of the offence when the offence was committed; and\n\n(iv) if the victim was a child when the offence was committed, the age difference between the registrable offender and the victim;\n\n(b) the registrable offender's age;\n\n(c) if known, whether the registrable offender's behaviour alleged in the application is similar to behaviour that was preparatory to previous relevant offences;\n\n(d) the registrable offender's circumstances, to the extent that they relate to the conduct sought to be prohibited by the order;\n\n1. The registrable offender's accommodation and employment needs.\n2. The registrable offender's need for reintegration into the community.\n\n(e) whether making the order is proportionate to the risk of the registrable offender committing further registrable offences;\n\n(f) the impact of the conditions of the order on the treatment and rehabilitation of the registrable offender;\n\n(g) the impact of the conditions of the order on the registrable offender's family;\n\n(h) any other matter the court considers relevant.\n\nS. 66K inserted by No. 21/2016 s. 8.\n\n","sortOrder":118},{"sectionNumber":"66K","sectionType":"section","heading":"Additional considerations if the registrable offender is a child","content":"\t66K Additional considerations if the registrable offender is a child\n\n(1) In addition to the matters in section 66J, in determining whether to make a final prohibition order against a registrable offender who is a child, the Children's Court must consider the following—\n\n(a) the child's educational, training and employment needs;\n\n(b) whether the order would prevent the child accessing therapeutic services, and if so, the availability of alternative strategies to manage the child's behaviour;\n\n(c) the need to strengthen and preserve the relationship between the child and the child's family;\n\n(d) the need to minimise the stigma to the child resulting from the making of a final prohibition order;\n\n(e) the desirability of allowing the child's living arrangements to continue without interruption or disturbance;\n\n(f) if relevant, the need to ensure that the child is aware that the child must bear responsibility for the child's actions against the law.\n\n(2) In addition to the matters specified in subsection (1), the Children's Court must have regard to the assessment report, and any community treatment report.\n\nS. 66L inserted by No. 21/2016 s. 8.\n\n","sortOrder":119},{"sectionNumber":"66L","sectionType":"section","heading":"Children's Court must order assessment report","content":"\t66L Children's Court must order assessment report\n\n(1) In determining an application for a final prohibition order against a registrable offender who is a child, the Children's Court must order that an assessment report be prepared by—\n\n(a) the Children's Court Clinic; or\n\n(b) another person or body who has relevant expertise.\n\n(2) An assessment report must include information and assessments about the registrable offender, the registrable offender's family and any other matters stated in the order under subsection (1).\n\n(3) An assessment report must include an opinion about the impact that making the final prohibition order may have on the registrable offender's accommodation, educational, health, cultural and social needs.\n\n(4) The assessment report must be filed with the court within the period specified in the order under subsection (1).\n\n(5) Subject to subsection (6), the Children's Court must release a copy of the assessment report to each party to the proceeding.\n\n(6) The Children's Court, after having regard to the views of the parties to the proceeding, may refuse to release an assessment report or a particular part of an assessment report if the Court is satisfied that the release of the report or part of the report may be prejudicial to the development or mental health of the child.\n\nS. 66M inserted by No. 21/2016 s. 8.\n\n","sortOrder":120},{"sectionNumber":"66M","sectionType":"section","heading":"Where assessment report raises concerns about impact of final prohibition order","content":"\t66M Where assessment report raises concerns about impact of final prohibition order\n\n(1) This section applies if—\n\n(a) the Children's Court is satisfied that there are grounds for making a final prohibition order against a registrable offender who is a child; and\n\n(b) the assessment report raises concerns about the impact on the child of making a final prohibition order.\n\nS. 66M(2) amended by No. 44/2021 s. 28.\n\n(2) The Children's Court may request the Secretary to the Department of Justice and Community Safety to provide a report to the Court about options for treatment of the child in the community.\n\nS. 66N inserted by No. 21/2016 s. 8.\n\n","sortOrder":121},{"sectionNumber":"66N","sectionType":"section","heading":"Court to consider interim prohibition order if hearing adjourned","content":"\t66N Court to consider interim prohibition order if hearing adjourned\n\nIf the hearing of an application for a final prohibition order is adjourned, the court must consider making an interim prohibition order.\n\nS. 66O inserted by No. 21/2016 s. 8.\n\n","sortOrder":122},{"sectionNumber":"66O","sectionType":"section","heading":"Explanation of final prohibition order","content":"\t66O Explanation of final prohibition order\n\n(1) If the court makes a final prohibition order, the court must give the registrable offender a written notice that—\n\n(a) states that the final prohibition order has been made; and\n\nS. 66O  \n(1)(b)–(d) repealed by No. 25/2017 s. 34.\n\n(e) states that it is an offence to contravene the final prohibition order, and the maximum penalties that apply to a contravention; and\n\n(2) The written notice must—\n\n(a) if the registrable offender is before the court, be given to the registrable offender with the copy of the final prohibition order; or\n\n(b) if the registrable offender is not before the court, be served on the registrable offender with the copy of the final prohibition order.\n\nS. 66P inserted by No. 21/2016 s. 8.\n\n","sortOrder":123},{"sectionNumber":"66P","sectionType":"section","heading":"Duration of final prohibition order","content":"\t66P Duration of final prohibition order\n\n(1) A final prohibition order remains in force for the period specified by the court, unless it is extended under section 66ZN.\n\n(2) The court must not specify a period that—\n\n(a) if the registrable offender is an adult, is more than 5 years; or\n\n(b) if the registrable offender is a child, is more than 2 years; or\n\n(c) in any case, would exceed the registrable offender's reporting period.\n\nDivision 5—Prohibition order conditions\n\nS. 66Q inserted by No. 21/2016 s. 8.\n\n","sortOrder":124},{"sectionNumber":"66Q","sectionType":"section","heading":"Conditions to be included in prohibition order","content":"\t66Q Conditions to be included in prohibition order\n\n(1) The court may include in a prohibition order any conditions that appear to be necessary or desirable in the circumstances.\n\n(2) Without limiting subsection (1), a prohibition order may include conditions—\n\n(a) prohibiting the registrable offender associating with or otherwise contacting a specified person or class of person; and\n\nPersons aged less than 18 years, victims of the registrable offender or the victim's family members.\n\n(b) prohibiting the registrable offender being in, or anywhere within a specified distance of, a specified place or class of place; and\n\n(c) subject to section 66R, excluding the registrable offender from premises at which the registrable offender generally resides; and\n\n(d) prohibiting the registrable offender from engaging in specified behaviour; and\n\n(e) prohibiting the registrable offender from engaging in specified community activities; and\n\n(f) subject to subsection (3), prohibiting the registrable offender from engaging in specified employment or a specified kind of employment; and\n\n(g) prohibiting the registrable offender from consuming alcohol; and\n\n(h) prohibiting the registrable offender from using, or unlawfully obtaining, a drug of dependence.\n\n(3) In deciding whether to include a condition referred to in subsection (2)(f) in a prohibition order against a registrable offender who is a child, the Children's Court must consider the desirability of allowing the treatment, education, training or employment of the child to continue without interruption or disturbance.\n\n(4) For the purposes of this section and section 66R, ***employment*** means—\n\n(a) work carried out under a contract of employment; or\n\n(b) work carried out as a self-employed person or as a sub-contractor; or\n\n(c) work carried out as a volunteer for an organisation; or\n\n(d) practical training undertaken as part of an educational or vocational course; or\n\n(e) work carried out as a minister of religion or in any other capacity for the purposes of a religious organisation.\n\nS. 66R inserted by No. 21/2016 s. 8.\n\n","sortOrder":125},{"sectionNumber":"66R","sectionType":"section","heading":"Exclusion conditions where registrable offender is a child","content":"\t66R Exclusion conditions where registrable offender is a child\n\n(1) In deciding whether to include a condition referred to in section 66Q(2)(c) in a prohibition order against a registrable offender who is a child, the Children's Court must consider the following—\n\n(a) the desirability of the child being supported to gain access to appropriate educational services and health services;\n\n(b) the desirability of allowing the education, training or employment of the child to continue without interruption;\n\n(c) the desirability of minimising disruption to the child and the importance of maintaining social networks and support which may be lost if the child were required to leave the residence.\n\n(2) The Children's Court may only include an exclusion condition in a prohibition order against a registrable offender who is a child if it is satisfied that, if the child is excluded from the child's residence, the child will have appropriate alternative accommodation and appropriate care and supervision.\n\nS. 66R(3) amended by No. 44/2021 s. 29.\n\n(3) For the purposes of considering a matter referred to in subsection (2), the Children's Court may request the Secretary to the Department of Justice and Community Safety to give the Court a report about the options available for the appropriate accommodation, care and supervision of the child if the exclusion condition were included in the prohibition order.\n\n(4) If the Secretary receives a request under subsection (3)—\n\n(a) the Secretary must give the report to the court in the period ordered by the court or, if no period is ordered, within the prescribed time; and\n\n(b) for a request relating to a child under the age of 17 years, section 30 of the **Children,** **Youth and Families Act 2005** applies in relation to the request for the report as if the request were a report received under section 28 of that Act.\n\nS. 66S inserted by No. 21/2016 s. 8.\n\n","sortOrder":126},{"sectionNumber":"66S","sectionType":"section","heading":"Drug testing conditions and alcohol testing conditions","content":"\t66S Drug testing conditions and alcohol testing conditions\n\n(1) If the court includes in a prohibition order a condition referred to in section 66Q(2)(g) or (h), the court may also include a condition that the registrable offender submit to breath testing, urinalysis or other approved test procedures—\n\n(a) in the case of a condition referred to in section 66Q(2)(g), for the detection of alcohol; or\n\n(b) in the case of a condition referred to in section 66Q(2)(h), for the detection of drugs of dependence.\n\n(2) The Chief Commissioner of Police may approve, in writing, test procedures (other than blood tests) for the detection of alcohol or drugs of dependence for the purposes of subsection (1).\n\nS. 66T inserted by No. 21/2016 s. 8.\n\n","sortOrder":127},{"sectionNumber":"66T","sectionType":"section","heading":"Registrable offender to submit to testing for drugs and alcohol","content":"\t66T Registrable offender to submit to testing for drugs and alcohol\n\n(1) If a prohibition order includes a drug testing condition or an alcohol testing condition, a police officer may direct the registrable offender, in accordance with this section, to submit to breath testing, urinalysis or other approved test procedures.\n\n(2) The police officer must not give a direction under subsection (1) unless the police officer has reasonable grounds to suspect that the registrable offender has contravened a condition of the prohibition order by consuming alcohol or using or unlawfully obtaining drugs of dependence (as the case requires).\n\n(3) Before giving the registrable offender a direction under subsection (1), the police officer must—\n\n(a) specify the grounds on which the police officer reasonably suspects that the registrable offender has contravened a condition of the prohibition order; and\n\n(b) state that the registrable offender may contravene the prohibition order by refusing to comply with the direction.\n\n(4) A registrable offender who is directed to submit to drug testing or alcohol testing may request that the police officer state, orally or in writing, the officer's name, rank and place of duty.\n\n(5) A police officer must not, in response to a request under subsection (4)—\n\n(a) refuse or fail to comply with the request; or\n\n(b) state a name or rank that is false in a material particular; or\n\n(c) state as the police officer's place of duty an address other than the name of the police station which is the police officer's ordinary place of duty.\n\nDivision 6—Monitoring conditions and powers of entry, search and seizure under monitoring conditions\n\nS. 66U inserted by No. 21/2016 s. 8.\n\n","sortOrder":128},{"sectionNumber":"66U","sectionType":"section","heading":"Court may include monitoring conditions in a prohibition order","content":"\t66U Court may include monitoring conditions in a prohibition order\n\n(1) If the court considers that it is necessary to monitor the registrable offender's compliance with one or more specified conditions included in a prohibition order under section 66Q, the court may include a monitoring condition in the prohibition order.\n\n(2) A monitoring condition authorises a police officer, in accordance with this Division, to do any of the following for the purposes of monitoring the registrable offender's compliance with any specified conditions—\n\n(a) enter premises at which the registrable offender usually resides, at any time at which the police officer reasonably suspects that the registrable offender is present at those premises; and\n\n(b) in the presence of the registrable offender—\n\n(i) search and examine the premises, and any thing (including a vehicle) belonging to, or in the possession or under the control of, the registrable offender; and\n\n(ii) seize any thing belonging to, or in the possession or under the control of, the registrable offender; and\n\n(c) search and examine the registrable offender at those premises.\n\n(3) For the purposes of a monitoring condition, the court may include a further condition requiring that the registrable offender be at premises at which the registrable offender usually resides on specified days or at specified times of day.\n\nS. 66V inserted by No. 21/2016 s. 8.\n\n","sortOrder":129},{"sectionNumber":"66V","sectionType":"section","heading":"Powers of entry under monitoring condition","content":"\t66V Powers of entry under monitoring condition\n\n(1) If a prohibition order includes a monitoring condition, a police officer, at any time, may enter premises at which the registrable offender usually resides if the police officer reasonably suspects that the registrable offender is present at those premises.\n\n(2) If necessary, a police officer may use reasonable force to enter premises under subsection (1).\n\n(3) A police officer exercising a power of entry under this section—\n\n(a) must announce that the police officer is authorised to enter the premises by a monitoring condition included in a prohibition order; and\n\n(b) if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.\n\n(4) As soon as possible after gaining entry to the premises, the police officer must inform the registrable offender that the police officer may—\n\n(a) search and examine the premises, and any thing (including a vehicle) belonging to, or in the possession or under the control of, the registrable offender; and\n\n(b) seize any thing at the premises belonging to, or in the possession or under the control of, the registrable offender; and\n\n(c) search and examine the registrable offender; and\n\n(d) detain the registrable offender for so long as is reasonably necessary to conduct a search of the registrable offender or examine any thing under section 66W;\n\n(e) if necessary, use such force as is reasonably necessary to conduct a search or seize any thing.\n\n(5) The registrable offender may request that the police officer state, orally or in writing, the officer's name, rank and place of duty.\n\n(6) A police officer must not, in response to a request under subsection (5)—\n\n(a) refuse or fail to comply with the request; or\n\n(b) state a name or rank that is false in a material particular; or\n\n(c) state as the police officer's place of duty an address other than the name of the police station which is the police officer's ordinary place of duty.\n\nS. 66W inserted by No. 21/2016 s. 8.\n\n","sortOrder":130},{"sectionNumber":"66W","sectionType":"section","heading":"Search powers after entry","content":"\t66W Search powers after entry\n\n(1) A police officer may exercise a power under this section only if the police officer suspects on reasonable grounds that the search is necessary—\n\n(a) to monitor the registrable offender's compliance with a condition to which the monitoring condition relates; or\n\n(b) because the police officer suspects on reasonable grounds the registrable offender of behaviour or conduct associated with an increased risk of contravening a condition to which the monitoring condition relates.\n\n(2) A police officer exercising a power of entry under a monitoring condition may search and examine—\n\n(a) any part of the premises occupied by the registrable offender; and\n\n(b) any thing (including a vehicle) belonging to, or in the possession or control of, the registrable offender; and\n\n(c) the registrable offender.\n\n(3) For the purposes of subsection (2)(c), a search of the registrable offender means either or both a garment search or a pat‑down search.\n\n(4) To the extent practicable, a pat-down search must be conducted by a police officer of the same sex as the registrable offender being searched.\n\n(5) A police officer may use such force as is reasonably necessary to conduct a search or examine any thing under this section, if that use of force is authorised by the most senior police officer present during the search.\n\n(6) A police officer may detain the registrable offender for so long as is reasonably necessary to conduct a search or examine any thing under this section.\n\n(7) A search under this section may continue only for as long as necessary to achieve the purpose of the search.\n\n(8) In this section—\n\n***garment search*** means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched and removed from the person's body;\n\n***pat-down search*** means a search of a person where the person's clothed body is touched.\n\nS. 66X inserted by No. 21/2016 s. 8.\n\n","sortOrder":131},{"sectionNumber":"66X","sectionType":"section","heading":"Police officer may direct registrable offender to provide assistance—computers and other devices","content":"\t66X Police officer may direct registrable offender to provide assistance—computers and other devices\n\n(1) This section applies in relation to a computer or device that belongs to, or is in the possession or under the control of, the registrable offender—\n\n(a) at the premises being searched under section 66W; or\n\n(b) that has been seized under section 66Y.\n\n(2) A police officer may direct the registrable offender to provide information or other assistance that is reasonably necessary to enable the police officer to—\n\n(a) access data held in, or accessible from, the computer or device; or\n\n(b) copy to a data storage device data held in, or accessible from, the computer or device; or\n\n(c) convert into documentary or another intelligible form—\n\n(i) data held in, or accessible from, the computer or device; or\n\n(ii) data held in a data storage device to which the data was copied as described in paragraph (b).\n\n(3) Before giving a direction under subsection (2), the police officer must state that the registrable offender may commit an offence if the registrable offender—\n\n(a) has relevant knowledge of—\n\n(i) the computer or device or a computer network of which the computer or device forms or formed a part; or\n\n(ii) measures applied to protect data held in, or accessible from, the computer or device; and\n\n(b) without reasonable excuse, fails to comply with the direction.\n\n(4) A registrable offender who has relevant knowledge and who has been given a warning under subsection (3) must not, without reasonable excuse, fail to comply with a direction given under subsection (2).\n\nPenalty: Level 6 imprisonment (5 years maximum).\n\n(5) In this section—\n\n***access***, in relation to data held in a computer or device, means—\n\n(a) the display of the data by the computer or device or any other output of the data from the computer or device; or\n\n(b) the copying or moving of the data to any other place in the computer or to a device; or\n\n(c) in the case of a program, the execution of the program;\n\n***data*** includes—\n\n(a) information in any form; and\n\n(b) any program or part of a program;\n\n***data held in a computer or device*** includes—\n\n(a) data entered or copied into the computer or device; and\n\n(b) data held in any removable data storage device for the time being in the computer; and\n\n(c) data held in a data storage device on a computer network of which the computer or device forms part;\n\n***data storage device*** means any thing containing or designed to contain data for use by a computer;\n\nA USB storage device or a file server.\n\n***device*** includes a data storage device and a smartphone;\n\n***relevant knowledge*** means information or other assistance that would enable the police officer to—\n\n(a) access data held in, or accessible from, a computer or device that belongs to or is in the possession or under the control of the registrable offender at the premises being searched; or\n\n(b) copy to a data storage device data held in, or accessible from, a computer or device referred to in paragraph (a); or\n\n(c) convert into documentary or another intelligible form—\n\n(i) data held in, or accessible from, a computer or device referred to in paragraph (a); or\n\n(ii) data held in a data storage device to which the data was copied as described in paragraph (b).\n\nS. 66Y inserted by No. 21/2016 s. 8.\n\n","sortOrder":132},{"sectionNumber":"66Y","sectionType":"section","heading":"Power to seize","content":"\t66Y Power to seize\n\nIn conducting a search of premises or the registrable offender under section 66W, a police officer may seize or take a sample of any thing belonging to or found in the possession or under the control of the registrable offender—\n\n(a) which the police officer suspects on reasonable grounds—\n\n(i) will compromise the registrable offender's compliance with a condition of the prohibition order to which the monitoring condition relates; or\n\n(ii) relates to behaviour or conduct associated with an increased risk of the registrable offender contravening a condition to which the monitoring condition relates; or\n\n(b) if the police officer suspects on reasonable grounds that—\n\n(i) the thing will afford evidence of the contravention by the registrable offender of a condition to which the monitoring condition relates; and\n\n(ii) it is necessary to seize or take a sample of that thing in order to prevent its concealment, loss or destruction.\n\nS. 66Z inserted by No. 21/2016 s. 8.\n\n","sortOrder":133},{"sectionNumber":"66Z","sectionType":"section","heading":"Recording and register of seized things","content":"\t66Z Recording and register of seized things\n\nS. 66Z(1) substituted by No. 25/2017 s. 35.\n\n(1) All things seized under section 66Y by a police officer must be photographed or otherwise recorded.\n\n(2) The Chief Commissioner of Police must establish and maintain a register of things seized under section 66Y.\n\n(3) The register must contain the prescribed details for each thing seized.\n\nS. 66ZA inserted by No. 21/2016 s. 8.\n\n\t66ZA Police officer must provide receipt for seized things\n\n(1) As soon as practicable after seizing a thing under section 66Y, a police officer must—\n\n(a) give the registrable offender a receipt for the thing; or\n\n(b) if the registrable offender refuses to accept the receipt, leave the receipt in a conspicuous place at the premises being searched.\n\n(2) A receipt must—\n\n(a) contain the prescribed information; and\n\n(b) be signed in accordance with the regulations.\n\nS. 66ZB inserted by No. 21/2016 s. 8.\n\n\t66ZB Retention of seized things by Chief Commissioner of Police\n\nThe Chief Commissioner of Police may retain any thing seized under section 66Y for as long as—\n\n(a) one of the following conditions are met—\n\n(i) if the thing was seized under section 66Y(a)(i), the police officer suspects on reasonable grounds that the thing will compromise the registrable offender's compliance with a condition of the prohibition order to which the monitoring condition relates;\n\n(ii) if the thing was seized under section 66Y(a)(ii), the police officer suspects on reasonable grounds that the thing relates to behaviour or conduct associated with an increased risk of the registrable offender contravening a condition to which the monitoring condition relates;\n\n(iii) in any case, the thing is reasonably required for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other Act; and\n\n(b) the thing is not subject to forfeiture, destruction or disposal under any other Act.\n\nS. 66ZC inserted by No. 21/2016 s. 8.\n\n\t66ZC Return of seized property—retrieval notices\n\n(1) If the Chief Commissioner of Police is no longer authorised under section 66ZB(a) to retain a thing seized under section 66Y, the Chief Commissioner of Police must make reasonable efforts to notify in writing—\n\n(a) the registrable offender; or\n\n(b) if the Chief Commissioner believes that the registrable offender is not the owner of the thing, another person who the Chief Commissioner of Police believes to be the owner of the seized thing.\n\n(2) A notification under subsection (1) must be given in accordance with the regulations and include any prescribed information.\n\n(3) If the Chief Commissioner of Police has made reasonable efforts to notify a person in accordance with this section and the regulations, and the thing has not been retrieved, the thing is to be dealt with under Division 3 of Part 4 of the **Victoria Police Act 2013** as if it were unclaimed property.\n\nS. 66ZD inserted by No. 21/2016 s. 8.\n\n\t66ZD Return of seized property—application to Magistrates' Court\n\n(1) The following persons may apply to the Magistrates' Court for the return of a thing seized under section 66Y—\n\n(a) the registrable offender;\n\n(b) if the registrable offender is not the owner of the thing seized, the owner.\n\n(2) The applicant must serve a copy of the application as soon as practicable on the Chief Commissioner of Police.\n\n(3) The Magistrates' Court may order the seized thing be returned to the applicant if  satisfied on the balance of probabilities that—\n\n(a) the Chief Commissioner of Police is not authorised to retain the thing under section 6ZB(a); and\n\n(b) the thing is not subject to forfeiture, destruction or disposal under this Act  \nor any other Act.\n\n(4) The Magistrates' Court may refuse to make an order under subsection (3) if the Court is satisfied that the applicant is not the owner of the thing.\n\nS. 66ZE inserted by No. 21/2016 s. 8.\n\n\t66ZE Chief Commissioner of Police may apply for disposal order\n\n(1) The Chief Commissioner of Police may apply to the Magistrates' Court for an order that a thing seized under section 66Y may be destroyed or disposed of.\n\n(2) A copy of an application under subsection (1) must be served on the following persons as soon as practicable—\n\n(a) the registrable offender; and\n\n(b) if the Chief Commissioner believes that the registrable offender is not the owner of the thing, any other person who the Chief Commissioner of Police believes to be the owner of the seized thing.\n\n(3) On an application under this section, the Magistrates' Court may order—\n\n(a) that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order; or\n\n(b) that the thing be returned to the owner.\n\n(4) The Magistrates' Court may order that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order if satisfied on the balance of probabilities that—\n\n(a) if the thing was seized under section 66Y(a), the Chief Commissioner of Police is authorised to retain the thing under section 66ZB(a)(i) or (ii); and\n\n(b) the thing is no longer reasonably required for the purposes of an investigation of or a proceeding for an offence against this Act or any other Act; and\n\n(c) the thing is not subject to forfeiture, destruction or disposal under any other Act.\n\n(5) If the Magistrates' Court orders that the seized thing be disposed of by sale, the Court may order that the proceeds of the sale be paid to the owner of the thing.\n\n(6) The Magistrates' Court may order that the seized thing be returned to the owner if satisfied on the balance of probabilities that—\n\n(a) the Chief Commissioner of Police is not authorised to retain the thing under section 6ZB(a); and\n\n(b) the thing is not subject to forfeiture, destruction or disposal under any other  \nAct.\n\n(7) An order under subsection (4) or (6) does not take effect until—\n\n(a) the day that is 30 days after the day on which the order was made; or\n\n(b) if an appeal is made before the expiry of the period referred to in paragraph (a), the appeal is determined.\n\nS. 66ZF inserted by No. 21/2016 s. 8.\n\n\t66ZF Destruction or disposal of seized things with owner's consent\n\nThe Chief Commissioner of Police may destroy or dispose of a seized thing with the consent of the owner.\n\nS. 66ZG inserted by No. 21/2016 s. 8.\n\n\t66ZG Proceeds of sale or disposal to be paid into Consolidated Fund\n\nSubject to an order to the contrary under section 66ZE(5), any amount received from the sale or disposal of seized things under this Division must be paid into the Consolidated  \nFund.\n\nDivision 7—Variation, extension and revocation of prohibition orders\n\nS. 66ZH inserted by No. 21/2016 s. 8.\n\n\t66ZH Application to vary or revoke a prohibition order\n\n(1) The Chief Commissioner of Police or, subject to subsection (2), the registrable offender may apply to the court for an order varying or revoking a prohibition order.\n\n(2) The registrable offender may only apply for the variation or revocation of a prohibition order—\n\n(a) if the Chief Commissioner of Police consents to the making of the application; or\n\n(b) otherwise, with the leave of the court.\n\n(3) An application under subsection (1) must—\n\n(c) include an affidavit setting out the grounds on which the variation or revocation of the prohibition order is sought; and\n\n(4) The court may grant leave under subsection (2)(b) if satisfied that it is in the interests of justice to do so, having regard to changes in the registrable offender's circumstances, or circumstances affecting the registrable offender, since the prohibition order was made or last varied.\n\n(5) As soon as practicable after an application for an order varying or revoking a prohibition order is made, the application must be served on the registrable offender or the Chief Commissioner of Police (as the case requires).\n\nS. 66ZI inserted by No. 21/2016 s. 8.\n\n\t66ZI Application to extend a final prohibition order\n\n(1) The Chief Commissioner of Police may apply to the court for an order extending a final prohibition order.\n\n(2) An application under subsection (1) must—\n\n(c) include an affidavit setting out the grounds on which extension of the final prohibition order is sought; and\n\n(3) As soon as practicable after an application for an order extending a final prohibition order is made, the application must be served on the registrable offender.\n\nS. 66ZJ inserted by No. 21/2016 s. 8.\n\n\t66ZJ Considerations in determining whether to vary or revoke interim prohibition orders\n\nIn determining whether to vary or revoke an interim prohibition order, the court must have regard to—\n\n(a) the reasons for making the interim prohibition order; and\n\n(b) any change in the registrable offender's circumstances since the interim prohibition order was made or last varied.\n\nS. 66ZK inserted by No. 21/2016 s. 8.\n\n\t66ZK Considerations in varying, revoking or extending final prohibition orders\n\n(1) In determining whether to vary, revoke or extend a final prohibition order, the court must have regard to—\n\n(a) the reasons for making the final prohibition order; and\n\n(b) any change in the registrable offender's circumstances since the final prohibition order was made or last varied; and\n\n(c) the matters set out in section 66J; and\n\n(d) if the registrable offender is a child, the matters set out in section 66K; and\n\n(e) any other matters that the court considers relevant.\n\n(2) In determining an application for a variation, revocation or extension of a final prohibition order made against a registrable offender who is a child, the Children's Court may—\n\n(a) have regard to the assessment report, and any community treatment report, prepared for the hearing for the final prohibition order;\n\n(b) order the preparation of a new assessment report;\n\n(c) order the preparation of a community treatment report if—\n\n(i) the assessment report prepared for the hearing for the final prohibition order raised concerns about the impact on the child of making the final prohibition order; or\n\n(ii) a new assessment report raises concerns about the impact on the child of varying or extending, or not revoking, the final prohibition order.\n\n(3) Section 66L applies in respect of a further assessment report ordered under subsection (2)(b), as if the report had been ordered by the Children's Court under section 66L(1).\n\nS. 66ZL inserted by No. 21/2016 s. 8.\n\n\t66ZL Court may vary a prohibition order\n\n(1) The court may vary an interim prohibition order if satisfied on the balance of probabilities that—\n\n(a) it is necessary to vary the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons or of children or the community generally pending a final decision about the application for a final prohibition order; or\n\n(b) one or more conditions of the order are no longer required to reduce the risk that the registrable offender poses to the sexual safety of one or more persons or of children or the community generally pending a final determination about the application for a final prohibition order; or\n\n(c) it is otherwise appropriate to vary the order, having regard to the registrable offender's specific needs.\n\n(2) The court may vary a final prohibition order if it is satisfied on the balance of probabilities that—\n\n(a) it is necessary to vary the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally; or\n\n(b) one or more conditions of the order are no longer required to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally; or\n\n(c) it is otherwise appropriate to vary the order, having regard to the registrable offender's specific needs.\n\n(3) If the registrable offender is an adult, the court may vary an interim prohibition order—\n\n(a) whether or not the registrable offender has been served with a copy of the application for the variation of the interim prohibition order; and\n\n(b) whether or not the registrable offender is present when the interim prohibition order is varied.\n\n(4) If the court varies a prohibition order, the court must give the registrable offender—\n\n(a) a copy of the prohibition order as varied by the order; and\n\n(b) a written notice that—\n\n(i) states that an order varying the prohibition order has been made; and\n\nS. 66ZL(4)(b)  \n(ii)(iii) repealed by No. 25/2017 s. 36.\n\n(iv) includes any other prescribed information.\n\n(5) The written notice and copy of the prohibition order as varied by the order must—\n\n(a) if the registrable offender is before the court, be given to the registrable offender with a copy of the order varying the prohibition order; or\n\n(b) if the registrable offender is not before the court, be served on the registrable offender with a copy of the order varying the prohibition order.\n\nS. 66ZM inserted by No. 21/2016 s. 8.\n\n\t66ZM Court may revoke a prohibition order\n\n(1) The court may revoke a prohibition order if it is satisfied on the balance of probabilities that the registrable offender does not pose a risk to the sexual safety of one or more persons, or of children or the community generally.\n\nS. 66ZM(2)(3) repealed by No. 25/2017 s. 37.\n\nS. 66ZN inserted by No. 21/2016 s. 8.\n\n\t66ZN Court may extend a final prohibition order\n\n(1) Subject to subsection (2), the court may extend the duration of a final prohibition order if satisfied, on the balance of probabilities, that it is necessary to extend the duration of the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally.\n\n(2) The court must not extend the duration of a final prohibition order to a date that—\n\n(a) if the registrable offender is an adult, is more than 5 years after the day on which the final prohibition order was made; or\n\n(b) if the registrable offender is a child, is more than 2 years after the day on which the final prohibition order was made; or\n\n(c) in any case, would be after the day on which the registrable offender's reporting period ends.\n\n(3) If the court makes an order extending the duration of a final prohibition order, the court must give the registrable offender—\n\n(a) a copy of the final prohibition order as extended by the order extending the final prohibition order; and\n\n(b) a written notice that—\n\n(i) states that an order extending the duration of the final prohibition order has been made; and\n\nS. 66ZN(3)(b)  \n(ii)(iii) repealed by No. 25/2017 s. 38.\n\n(iv) includes any other prescribed information.\n\n(4) The written notice and a copy of the final prohibition order as extended by the order extending the final prohibition order must—\n\n(a) if the registrable offender is before the court, be given to the registrable offender with the copy of the order extending the duration of the final prohibition order; or\n\n(b) if the registrable offender is not before the court, be served on the registrable offender with a copy of the order extending the duration of the final prohibition order.\n\nS. 66ZO inserted by No. 21/2016 s. 8.\n\n\t66ZO Court may make orders under this Division by consent\n\n(1) The court may make an order varying or revoking an interim prohibition order by consent of the parties—\n\n(a) without being satisfied as to any matter in section 66ZJ or—\n\n(i) section 66ZL(1), in the case of an order varying an interim prohibition order; or\n\n(ii) section 66ZM(1), in the case of an order revoking an interim prohibition order; and\n\n(b) without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so.\n\n(2) The court may make an order varying, revoking or extending a final prohibition order by consent of the parties—\n\n(a) without being satisfied as to any matter in section 66ZK or—\n\n(i) section 66ZL(2), in the case of an order varying a final prohibition order; or\n\n(ii) section 66ZM(1), in the case of an order revoking a final prohibition order; or\n\n(iii) section 66ZN(1), in the case of an order extending a final prohibition order; and\n\n(b) without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so.\n\n(3) For the purposes of subsection (1)(b) and (2)(b), in determining whether it is in the interests of justice to conduct a hearing, the court may take into account whether the registrable offender—\n\n(b) is a child; or\n\n(c) has impaired intellectual functioning; or\n\n(d) is a person in respect of whom a guardianship order is in force; or\n\n(e) has the capacity to understand the proceeding; or\n\n(f) is subject to some other condition that may prevent the registrable offender from understanding the effect of consenting to the order.\n\nDivision 8—Contravention of prohibition order\n\nS. 66ZP inserted by No. 21/2016 s. 8.\n\n\t66ZP Offence to contravene prohibition order\n\n(1) This section applies to a registrable offender—\n\n(a) against whom a prohibition order has been made; and\n\n(b) who has been properly notified of the making of the order.\n\n(2) The registrable offender must not contravene the prohibition order without reasonable excuse.\n\nPenalty: Level 6 imprisonment (5 years maximum).\n\nDivision 9—Corresponding prohibition orders\n\nS. 66ZQ inserted by No. 21/2016 s. 8.\n\n\t66ZQ Application for registration of corresponding prohibition order\n\n(1) The Chief Commissioner of Police may apply for the registration of a corresponding prohibition order—\n\n(a) if the corresponding registrable offender is a child, to the Criminal Division of the Children's Court; or\n\n(b) in any other case, to the Magistrates' Court.\n\n(2) An application for a registration order must—\n\n(b) be accompanied by a copy of the corresponding prohibition order; and\n\n(c) include an affidavit stating that, at the time of making the application, the corresponding prohibition order is in force in the State or Territory in which it was made; and\n\n(d) if the Chief Commissioner of Police seeks to register the corresponding prohibition order with variations—\n\n(i) include details of the variations sought; and\n\n(ii) include in the affidavit referred to in paragraph (c) the grounds on which those variations are sought.\n\n(3) An application for a registration order must be served on the corresponding registrable offender as soon as practicable after the application is made.\n\nS. 66ZR inserted by No. 21/2016 s. 8.\n\n\t66ZR Registration of corresponding prohibition order\n\n(1) On application by the Chief Commissioner of Police under section 66ZQ, the court must make an order for the registration of a corresponding prohibition order if satisfied that, at the time the application was made, the corresponding prohibition order was in force in the State or Territory in which it was made.\n\n(2) Subject to section 66ZS, the court may vary the conditions of the corresponding prohibition order before making a registration order—\n\n(a) as sought in the application; or\n\n(b) as the court considers necessary to enable the enforcement of the order as a prohibition order.\n\n(3) The court may vary the conditions of a corresponding prohibition order under subsection (2) to include any condition the court could have included in a prohibition order under Division 5 or 6.\n\n(4) If the corresponding prohibition order is to be registered without variation, the court may make a registration order without conducting a hearing.\n\n(5) If the court makes a registration order without a hearing, as soon as practicable after the order is made, the court must cause the Chief Commissioner of Police to be notified of the registration order.\n\nS. 66ZS inserted by No. 21/2016 s. 8.\n\n\t66ZS Variation of corresponding prohibition order before registration if corresponding registrable offender is a child\n\n(1) If the corresponding registrable offender  \nis a child, in determining whether to vary a corresponding prohibition order before registration, the Children's Court must have regard to the matters set out in section 66K.\n\n(2) The Children's Court may also—\n\n(a) order the preparation of an assessment report; and\n\n(b) if the assessment report raises concerns about the impact on the child of varying the corresponding prohibition order, request the preparation of a community treatment report.\n\n(3) Section 66L applies in respect of an assessment report ordered under subsection (2)(a), as if the report had been ordered by the Children's Court under section 66L(1).\n\nS. 66ZT inserted by No. 21/2016 s. 8.\n\n\t66ZT Corresponding registrable offender to be notified of registration order\n\n(1) If the court makes a registration order, the court must give the corresponding registrable offender a written notice that—\n\n(a) states that a registration order has been made; and\n\nS. 66ZT (1)(b)(c) repealed by No. 25/2017 s. 39(1).\n\n(d) sets out the effect of the registration order, including—\n\nS. 66ZT(1)(d)(i) repealed by No. 25/2017 s. 39(1).\n\n(ii) that the corresponding prohibition order may be enforced against the corresponding registrable offender under this Act, as if it were a prohibition order; and\n\n(iii) that it is an offence to contravene a prohibition order, and the maximum penalties that apply to a contravention; and\n\nS. 66ZT(1)(e) amended by No. 25/2017 s. 39(2).\n\n(e) that the registration order ceases to have effect if the corresponding prohibition order ceases to have effect in the State or Territory in which it was made; and\n\n(2) A written notice under subsection (1) must—\n\n(a) if the corresponding registrable offender is before the court, be given to the corresponding registrable offender with a copy of the registration order; or\n\n(b) if the registrable offender is not before the court, be served on the corresponding registrable offender with a copy of the registration order.\n\nS. 66ZU inserted by No. 21/2016 s. 8.\n\n\t66ZU Duration of registration order\n\nUnless it is earlier revoked, a registration order expires on—\n\n(a) the day on which the corresponding prohibition order (as in force at the time of registration) expires; or\n\n(b) if the court specifies an earlier day, that day.\n\nThe expiry of a registration order has no effect on the validity of the corresponding prohibition order.\n\nS. 66ZV inserted by No. 21/2016 s. 8.\n\n\t66ZV Effect of registration order\n\n(1) Subject to subsection (2), if a corresponding registrable offender has been properly notified of the making of a registration order, the corresponding prohibition order (whether varied before registration or not) may be enforced against the corresponding registrable offender as if it were a prohibition order.\n\n(2) A registration order cannot be enforced against the corresponding registrable offender if the corresponding prohibition order has expired or otherwise has ceased to have effect in the State or Territory in which it was made.\n\nA registration order may be revoked under section 66ZZA if the corresponding prohibition order has ceased to have effect in the State or Territory in which it was made.\n\nS. 66ZW inserted by No. 21/2016 s. 8.\n\n\t66ZW No effect in Victoria if corresponding prohibition order varied or extended by interstate court\n\nThe variation or extension of a corresponding prohibition order by a court of the State or Territory in which it was made after the order is registered under this Division has no effect in Victoria.\n\nS. 66ZX inserted by No. 21/2016 s. 8.\n\n\t66ZX Application for variation of a registration order\n\n(1) The Chief Commissioner of Police or, subject to subsection (2), the corresponding registrable offender may apply to the court for an order varying a registration order.\n\n(2) The corresponding registrable offender may only apply for an order varying a registration order—\n\n(a) if the Chief Commissioner of Police consents to the making of the application; or\n\n(b) in any other case, with the leave of the court.\n\n(3) The court may grant leave under subsection (2)(b) if satisfied that it is in the interests of justice, having regard to changes in the corresponding registrable offender's circumstances, or circumstances affecting the corresponding registrable offender, since the registration order was made or last varied.\n\n(4) As soon as practicable after an application under subsection (1) is made, the application must be served on the corresponding registrable offender or the Chief Commissioner of Police (as the case requires).\n\nS. 66ZY inserted by No. 21/2016 s. 8.\n\n\t66ZY Considerations in making an order varying a registration order\n\n(1) In determining whether to vary a registration order, the court must have regard to—\n\n(a) the reasons for making the registration order; and\n\n(b) any change in the corresponding registrable offender's circumstances since the registration order was made or last varied; and\n\n(c) the matters set out in section 66J and, if the corresponding registrable offender is a child, section 66K; and\n\n(d) any other matters that the court considers relevant.\n\n(2) In determining an application for variation of a registration order made against a corresponding registrable offender who is a child, the Children's Court may—\n\n(a) have regard to any assessment report and community treatment report prepared for the hearing for the registration order;\n\n(b) order the preparation of a new assessment report;\n\n(c) if an assessment report referred to in paragraph (a) or (b) raises concerns about the impact of varying the registration order on the child, order the preparation of a community treatment report.\n\n(3) Section 66L applies in respect of an assessment report ordered under subsection (2)(b), as if the report had been ordered by the Children's Court under section 66L(1).\n\nS. 66ZZ inserted by No. 21/2016 s. 8.\n\n\t66ZZ Court may vary a registration order\n\n(1) The court may vary a registration order—\n\n(a) if satisfied that—\n\n(i) there has been a change in the corresponding registrable offender's circumstances since the registration order was made so that a variation is necessary to enable enforcement of the registration order; or\n\n(ii) the corresponding prohibition order has been varied in the State or Territory in which it was made,  \nand a corresponding variation of the registration order is appropriate; or\n\n(b) in the case of an application for variation made by the corresponding registrable offender, if the Chief Commissioner of Police consents to the variation.\n\n(2) The court may vary a registration order to include any condition the court could have included in a prohibition order under Division 5 or 6.\n\n(3) If the court varies a registration order, the court must give the corresponding registrable offender a written notice that—\n\n(a) states that an order varying the registration order has been made; and\n\nS. 66ZZ (3)(b)(c) repealed by No. 25/2017 s. 40.\n\n(d) includes any other prescribed information.\n\n(4) The written notice must—\n\n(a) if the corresponding registrable offender is before the court, be given to the corresponding registrable offender with a copy of the order varying the registration order; or\n\n(b) if the corresponding registrable offender is not before the court, be served on the corresponding registrable offender with a copy of the order varying the registration order.\n\nS. 66ZZA inserted by No. 21/2016 s. 8.\n\n\t66ZZA Revocation of a registration order\n\n(1) On a written application made by the Chief Commissioner of Police, the court must revoke a registration order if it is satisfied that the corresponding prohibition order is no longer in effect in the State or Territory in which it was made.\n\nS. 66ZZA(2)(3) repealed by No. 25/2017 s. 41.\n\nDivision 10—Miscellaneous\n\nS. 66ZZB inserted by No. 21/2016 s. 8.\n\n\t66ZZB Court may prohibit publication of proceedings\n\n(1) The court may order that a person must not publish, or cause to be published, a report of a proceeding under this Part or about an order made under this Part that contains any particulars likely to lead to the identification of—\n\n(a) the registrable offender or corresponding registrable offender; or\n\n(b) a victim of an offence committed by the registrable offender or corresponding registrable offender; or\n\n(c) any person protected by a prohibition order, a registration order or a corresponding prohibition order.\n\n(2) For the purposes of subsection (1), the particulars likely to lead to the identification of a person include, but are not limited to, the following—\n\n(a) the person's name, title, pseudonym or alias;\n\n(b) the address of any premises at which the person lives or works, or the locality in which the premises are situated;\n\n(c) the address of a school attended by the person or the locality in which the school is situated;\n\n(d) the physical description or the style of dress of the person;\n\n(e) any employment or occupation engaged in, profession practised or calling pursued by, the person or any official or honorary position held by the person;\n\n(f) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person;\n\n(g) the recreational interests or the political, philosophical or religious beliefs or interests of the person;\n\n(h) any real or personal property in which the person has an interest or with which the person is associated.\n\n(3) An order under subsection (1) does not prohibit the publication of particulars that are likely to lead to the identification of a registrable offender by—\n\n(a) the Chief Commissioner of Police under section 61A(1); or\n\n(b) if those particulars have been published by the Chief Commissioner of Police under section 61A(1), any other person.\n\nS. 66ZZC inserted by No. 21/2016 s. 8.\n\n\t66ZZC Chief Commissioner of Police may disclose personal information about prohibition orders and registration orders\n\n(1) If the Chief Commissioner of Police believes on reasonable grounds that the disclosure is necessary for the purposes of an order made under this Part (other than an order made under section 66ZD or 66ZE), the Chief Commissioner may disclose personal information relating to the order or the registrable offender or corresponding registrable offender against whom the order was made—\n\n(a) if the registrable offender or corresponding registrable offender is a child, to a parent of the child; or\n\nS. 66ZZC(1)(b) amended by No. 55/2025 s. 72.\n\n(b) to a parent of a named child protected by the order; or\n\n(c) subject to subsection (2), to any other person.\n\n(2) The Chief Commissioner of Police may only disclose information under subsection (1)(c) if the disclosure is reasonably necessary for the enforcement of the order.\n\n(3) If the Chief Commissioner of Police discloses information to a person under this section, the disclosure must—\n\n(b) state that it is an offence for the person to disclose personal information to another person.\n\n(4) A person to whom personal information has been disclosed in accordance with this section must not disclose that information to any person.\n\nPenalty: 60 penalty units or imprisonment for 6 months or both.\n\nS. 66ZZD inserted by No. 21/2016 s. 8.\n\n\t66ZZD Service of orders and applications made by Chief Commissioner of Police\n\n(1) An application made by the Chief Commissioner of Police under this Part (other than an application under section 66ZF) must be served personally on the registrable offender or corresponding registrable offender by a police officer.\n\n(2) If the court makes a prohibition order or a registration order, or an order varying, revoking or extending a prohibition order or registration order, a copy of the order must be served personally on the registrable offender or corresponding registrable offender by a police officer.\n\n(3) The court may not make an order for substituted service in respect of an application or order referred to in this section.\n\nPt 5 (Heading) amended by No. 25/2017 s. 42.\n\n","sortOrder":134},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registrable offenders prohibited from child-related employment","content":"Part 5—Registrable offenders prohibited from child-related employment\n\n","sortOrder":135},{"sectionNumber":"67","sectionType":"section","heading":"Definitions","content":"\t67 Definitions\n\n(1) In this Part—\n\nS. 67(1) def. of *child-related employment* amended by Nos 57/2005 s. 51(1), 48/2006 s. 42(Sch. item 33.6), 80/2011 s. 79(Sch. item 6).\n\n***child-related employment*** means employment involving contact with a child in connection with—\n\n(a) child protection services;\n\n(b) child care services mentioned in section 194(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;\n\n(c) children's services within the meaning of the **Children's Services Act 1996**;\n\n(ca) education and care services within the meaning of the Education and Care Services National Law (Victoria);\n\n(d) educational institutions;\n\n(e) community services, remand centres, youth residential centres, youth supervision units or youth justice centres, within the meaning of the **Children, Youth and Families Act 2005** or probation services under that Act;\n\n(f) refuges or other residential facilities used by children;\n\n(g) paediatric wards of public hospitals within the meaning of the **Health Services Act 1988** or of private hospitals within the meaning of that Act;\n\n(h) clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children or whose membership is mainly comprised of children;\n\n(i) religious organisations;\n\n(j) baby sitting or child minding services arranged by a commercial agency;\n\n(k) fostering children;\n\n(l) providing, on a publicly-funded or commercial basis, a transport service specifically for children;\n\n(m) coaching or private tuition services of any kind for children;\n\n(n) counselling or other support services for children;\n\n(o) overnight camps for children regardless of the type of accommodation or of how many children are involved;\n\n(p) school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;\n\n(q) providing, on a commercial basis and not merely incidentally to or in support of other business activities, an entertainment or party service specifically for children;\n\n(r) providing, on a commercial basis and not merely incidentally to or in support of other business activities, gym or play facilities specifically for children;\n\nThe provision of play facilities for children by a fast-food business may be merely incidental to the business of providing food.\n\n(s) providing, on a commercial basis and not merely incidentally to or in support of other business activities, photography services specifically for children;\n\n(t) talent or beauty competitions held for children on a commercial basis and not merely incidentally to or in support of other business activities;\n\nS. 67(1) def. of *contact* repealed by No. 82/2014 s. 23.\n\nS. 67(1) def. of *educational institutions for children* substituted as *educational institution* by No. 57/2005 s. 51(2), substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 36.1(a)), amended by Nos 76/2013 s. 22, 32/2022 s. 65.\n\n***educational institution*** means—\n\n(a) any Government school or non-Government school within the meaning of the **Education and Training Reform Act 2006**; or\n\n(b) any of the following—\n\n(i) a TAFE institute within the meaning of the **Education and Training Reform Act 2006**;\n\n(ii) a dual sector university within the meaning of the **Education and Training Reform Act 2006**;\n\n(iii) a provider of adult, community and further education, within the meaning of the **Education and Training Reform Act 2006**, that is eligible for funding under that Act;\n\n ** * * * **\n\n(v) an education and training organisation registered on the State Register under the **Education and Training Reform Act 2006**—\n\nto the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children, and that leads to the award of a Senior Secondary Certificate of Education that is recognised by the AQF within the meaning of the **Education and Training Reform Act 2006**; or\n\n(c) any other institution that provides a program of study or training primarily for, or directed at, children—\n\nbut does not include—\n\n(d) except to the extent provided by paragraph (b), a university within the meaning of the **Education and Training Reform Act 2006**; or\n\n(e) except to the extent provided by paragraph (b), a TAFE institute within the meaning of the **Education and Training Reform Act 2006**—\n\neven if that university, college or institution has a student under 18 years of age;\n\nS. 67(1) def. of *employment* amended by Nos 24/2006 s. 6.1.2(Sch. 7 item 36.1(b)), 52/2007 s. 19, 65/2011 s. 107(Sch. item 12.4), 43/2020 s. 40.\n\n***employment*** means—\n\n(a) performance of work—\n\n(i) under a contract of employment or a contract for services (whether written or unwritten); or\n\n(ia) for gain or reward other than under a contract of employment or contract for services; or\n\n(ii) as a minister of religion or as part of the duties of a religious vocation; or\n\n(b) undertaking practical training as part of an educational or vocational course other than under an arrangement under Part 5.4 of the **Education and Training Reform Act 2006** if the student is of or under 18 years of age; or\n\n(c) performance of work as a volunteer including the performance of unpaid community work under—\n\n(i) a drug and alcohol treatment order within the meaning of the **Sentencing Act 1991**; or\n\n(ii) an old community-based order within the meaning of clause 1 of Schedule 3 to the **Sentencing Act 1991**; or\n\n(iii) an old intensive correction order within the meaning of clause 1 of Schedule 3 to the **Sentencing Act 1991**; or\n\n(iv) a fine conversion order within the meaning of the **Sentencing Act 1991**; or\n\n(v) a fine default unpaid community work order within the meaning of the **Sentencing Act 1991**; or\n\n(d) performance of work as a volunteer including the performance of unpaid community work under a community correction order within the meaning of the **Sentencing Act 1991**;\n\nS. 67(1) def. of *officer* amended by No. 25/2017 s. 43(a).\n\n***officer***—\n\n(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and\n\n(b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate.\n\nS. 67(1) def. of *registered sex offender* repealed by No. 25/2017 s. 43(b).\n\n ** * * * **\n\n(2) For the purposes of this Act, a person is engaged in child-related employment if he or she is—\n\n(a) an officer of a body corporate that is engaged in child-related employment; or\n\n(b) a member of the committee of management of an unincorporated body or association that is engaged in child-related employment; or\n\n(c) a member of a partnership that is engaged in child-related employment.\n\nS. 68 (Heading) amended by No. 25/2017 s. 44(1).\n\n","sortOrder":136},{"sectionNumber":"68","sectionType":"section","heading":"Registrable offender excluded from child-related employment","content":"\t68 Registrable offender excluded from child-related employment\n\nS. 68(1) amended by Nos 57/2005 s. 51(3), 25/2017 s. 44(2).\n\n(1) A registrable offender must not—\n\n(a) apply for; or\n\n(b) engage in—\n\nemployment that is child-related employment.\n\nPenalty: 240 penalty units or imprisonment for 2 years.\n\n(2) In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to prove that, at the time the offence is alleged to have been committed, he or she did not know that the employment was child-related employment.\n\n","sortOrder":137},{"sectionNumber":"69","sectionType":"section","heading":"Offence to fail to disclose charges","content":"\t69 Offence to fail to disclose charges\n\nS. 69(1) amended by No. 68/2009 s. 97(Sch. item 112.5).\n\n(1) A person engaged in child-related employment (including employment under a contract for services) who is charged with a registrable offence must disclose the charge to his or her employer within 7 days after the filing of the charge-sheet charging the offence or (in the case of a charge that is pending immediately before the commencement of this subsection) within 7 days after that commencement.\n\n(2) A person who applies for employment (including employment under a contract for services) that is child-related employment and against whom there is a pending charge of a registrable offence must disclose the charge to his or her prospective employer at the time of making the application.\n\nS. 69(3) amended by No. 68/2009 s. 97(Sch. item 112.5).\n\n(3) A person who has (whether before or after the commencement of this subsection) applied for employment (including employment under a contract for services) that is child-related employment and who, while the application is still current, is charged with a registrable offence must disclose the charge to his or her prospective employer within 7 days after the filing of the charge-sheet charging the offence or (in the case of a charge that is pending immediately before the commencement of this subsection) within 7 days after that commencement.\n\n","sortOrder":138},{"sectionNumber":"70","sectionType":"section","heading":"Confidentiality of information","content":"\t70 Confidentiality of information\n\n(1) A person must not give to any other person, whether directly or indirectly, any information acquired by the person under section 69.\n\n(2) Subsection (1) does not apply to the giving of information—\n\n(a) to a court or tribunal in the course of legal proceedings; or\n\n(b) pursuant to an order of a court or tribunal; or\n\n(c) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth; or\n\nS. 70(2)(d) amended by Nos 18/2005 s. 18(Sch. 1 item 99), 17/2014 s. 160(Sch. 2 item 90).\n\n(d) to an Australian legal practitioner for the purpose of obtaining legal advice or representation relating to a matter under this Act; or\n\nS. 70(2)(e) amended by Nos 57/2005 s. 51(4), 28/2007 s. 3(Sch. item 61.1), 47/2016 s. 43(2).\n\n(e) with the written authority of the person to whom the information relates or, if the person to whom the information relates  \nis a child or a person with a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the **Crimes Act 1958**, with the written authority of a person authorised to act on that person's behalf; or\n\n(f) in good faith for the purposes of this Act; or\n\n(g) as required or authorised by or under any other Act.\n\nPt 5A (Heading and ss 70A–70K) inserted by No. 52/2007 s. 20.\n\n","sortOrder":139},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Change of name","content":"Part 5A—Change of name\n\nS. 70A inserted by No. 52/2007 s. 20.\n\n","sortOrder":140},{"sectionNumber":"70A","sectionType":"section","heading":"Application of Part","content":"\t70A Application of Part\n\nThis Part applies despite anything to the contrary in the **Births, Deaths and Marriages Registration Act 1996**.\n\nS. 70B inserted by No. 52/2007 s. 20.\n\n","sortOrder":141},{"sectionNumber":"70B","sectionType":"section","heading":"Definitions","content":"\t70B Definitions\n\n***change of name application*** means an application by or on behalf of a registrable offender for registration of a change of the offender's name for which approval is required under section 70C;\n\nS. 70B def. of *Interstate Registrar* amended by No. 25/2019 s. 36(a).\n\n***Interstate Registrar*** means an authority responsible under a law of another State or Territory for the registration of births, deaths and marriages.\n\nS. 70B def. of *Victorian Registrar* repealed by No. 25/2019 s. 36(b).\n\nS. 70C inserted by No. 52/2007 s. 20.\n\n","sortOrder":142},{"sectionNumber":"70C","sectionType":"section","heading":"Applications for change of name by or on behalf of a registrable offender","content":"\t70C Applications for change of name by or on behalf of a registrable offender\n\n(1) A registrable offender must not—\n\n(a) apply to the Victorian Registrar to register a change of his or her name under the **Births, Deaths and Marriages Registration Act 1996**; or\n\n(b) apply to an Interstate Registrar to register a change of his or her name under a law of another State or Territory that is the equivalent of the **Births, Deaths and Marriages Registration Act 1996**—\n\nwithout having first obtained the written approval of the Chief Commissioner of Police.\n\n1. 5 penalty units.\n\n(2) A person must not, on behalf of a registrable offender—\n\n(a) apply to the Victorian Registrar to register a change of his or her name under the **Births, Deaths and Marriages Registration Act 1996**; or\n\n(b) apply to an Interstate Registrar to register a change of his or her name under a law of another State or Territory that is the equivalent of the **Births, Deaths and Marriages Registration Act 1996**—\n\nwithout having first obtained the written approval of the Chief Commissioner of Police.\n\n1. 5 penalty units.\n\nS. 70D inserted by No. 52/2007 s. 20.\n\n","sortOrder":143},{"sectionNumber":"70D","sectionType":"section","heading":"Approval by Chief Commissioner of Police","content":"\t70D Approval by Chief Commissioner of Police\n\n(1) Subject to subsection (2), the Chief Commissioner of Police may only approve a change of name application if the Chief Commissioner is satisfied that the change of name is in all the circumstances necessary or reasonable.\n\n(2) The Chief Commissioner of Police must not approve a change of name application if the Chief Commissioner is satisfied that the change of name would, if registered, be reasonably likely—\n\n(a) to be regarded as offensive by a victim of crime or an appreciable sector of the community; or\n\n(b) to frustrate the administration of this Act in respect of the registrable offender.\n\nS. 70E inserted by No. 52/2007 s. 20.\n\n","sortOrder":144},{"sectionNumber":"70E","sectionType":"section","heading":"Approval to be notified in writing","content":"\t70E Approval to be notified in writing\n\nIf the Chief Commissioner of Police approves a change of name application, the Chief Commissioner must—\n\n(a) as soon as practicable, give written notice of the approval to the person who made the application; and\n\n(b) if the registrable offender consents, give a copy of the written notice of approval to the Victorian Registrar or the Interstate Registrar (as the case so requires).\n\nS. 70F inserted by No. 52/2007 s. 20.\n\n","sortOrder":145},{"sectionNumber":"70F","sectionType":"section","heading":"Registration of change of name","content":"\t70F Registration of change of name\n\n(1) The Victorian Registrar must not register a change of name under the **Births, Deaths and Marriages Registration Act 1996** if—\n\n(a) the Victorian Registrar knows that—\n\n(i) the application for the change of name is made by or on behalf of a registrable offender; and\n\n(ii) the change of name relates to the name of the registrable offender; and\n\n(b) the Victorian Registrar has not received a copy of the notice of approval of the Chief Commissioner of Police under section 70E.\n\n(2) If the Victorian Registrar does not register a change of name because of the operation of subsection (1), the Victorian Registrar must give written notice of the application to the Chief Commissioner of Police.\n\nS. 70G inserted by No. 52/2007 s. 20.\n\n","sortOrder":146},{"sectionNumber":"70G","sectionType":"section","heading":"Registrar may correct Register","content":"\t70G Registrar may correct Register\n\nWithout limiting section 43 of the **Births, Deaths and Marriages Registration Act 1996**, the Victorian Registrar may correct the Register under that section if—\n\n(a) the name of a registrable offender on the Register has been changed; and\n\n(b) the Chief Commissioner of Police has not approved that change under this Part.\n\nS. 70H inserted by No. 52/2007 s. 20.\n\n","sortOrder":147},{"sectionNumber":"70H","sectionType":"section","heading":"Lapse of application where offender ceases to be a registrable offender","content":"\t70H Lapse of application where offender ceases to be a registrable offender\n\nA change of name application under this Part by or on behalf of an offender lapses if—\n\n(a) the registrable offender ceases to be a registrable offender; and\n\n(b) the Victorian Registrar has not registered the change of name before the registrable offender ceases to be a registrable offender.\n\nS. 70I inserted by No. 52/2007 s. 20.\n\n","sortOrder":148},{"sectionNumber":"70I","sectionType":"section","heading":"Information-sharing between the Secretary and the Victorian Registrar","content":"\t70I Information-sharing between the Secretary and the Victorian Registrar\n\n(1) Despite any law to the contrary—\n\n(a) the Secretary or the Chief Commissioner of Police may notify the Victorian Registrar of the name (including any other name by which a registrable offender is or has previously been known), date of birth and residential address or addresses of the registrable offender; and\n\n(b) if the Secretary or the Chief Commissioner of Police has given notification under paragraph (a) in respect of a registrable offender, the Secretary or the Chief Commissioner must notify the Victorian Registrar as soon as practicable after the registrable offender ceases to be a registrable offender.\n\n(2) Nothing in this section affects the operation of the Charter of Human Rights and Responsibilities.\n\nS. 70J (Heading) amended by No. 25/2017 s. 45(1).\n\nS. 70J inserted by No. 52/2007 s. 20, substituted by No. 91/2009 s. 219(Sch. 3 item 3).\n\n","sortOrder":149},{"sectionNumber":"70J","sectionType":"section","heading":"Registrable offender who is also subject to a supervision or detention order","content":"\t70J Registrable offender who is also subject to a supervision or detention order\n\nS. 70J(1) amended by No. 43/2012 s. 3(Sch. item 48), substituted by Nos 25/2017 s. 45(2), 27/2018 s. 365(4).\n\n(1) This section applies to a registrable offender who is also subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order within the meaning of the **Serious Offenders Act 2018**.\n\nS. 70J(2) amended by No. 27/2018 s. 365(5).\n\n(2) Despite this Part, an application by or on behalf of a registrable offender to whom this section applies for registration of a change of the offender's name must be made under and in accordance with the **Serious Offenders Act 2018**.\n\nS. 70K inserted by No. 52/2007 s. 20.\n\n","sortOrder":150},{"sectionNumber":"70K","sectionType":"section","heading":"Registrable offender who is also a prisoner on parole","content":"\t70K Registrable offender who is also a prisoner on parole\n\nDespite this Part, an application by or on behalf of a registrable offender who is also a prisoner on parole within the meaning of Division 6 of Part 8 of the **Corrections Act 1986** for registration of a change of the offender's name must be made under and in accordance with that Division of that Part of that Act.\n\nPt 5B (Heading and ss 70L–70P) inserted by No. 21/2016 s. 15.\n\n","sortOrder":151},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Monitoring of compliance and reporting","content":"Part 5B—Monitoring of compliance and reporting\n\nS. 70L inserted by No. 21/2016 s. 15.\n\n","sortOrder":152},{"sectionNumber":"70L","sectionType":"section","heading":"IBAC to monitor compliance with Parts 3 and 4","content":"\t70L IBAC to monitor compliance with Parts 3 and 4\n\n(1) The IBAC is to monitor compliance with Part 3 by the Chief Commissioner of Police and persons authorised to receive reports.\n\n(2) The IBAC is to monitor compliance with Part 4 by the Chief Commissioner of Police and other persons authorised by the Chief Commissioner of Police to have access to the Register of Sex Offenders or any part of that Register.\n\nS. 70M inserted by No. 21/2016 s. 15.\n\n","sortOrder":153},{"sectionNumber":"70M","sectionType":"section","heading":"IBAC to be given reasonable assistance","content":"\t70M IBAC to be given reasonable assistance\n\nThe Chief Commissioner of Police must ensure that each of the following persons gives the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform the IBAC's functions under this Part—\n\n(a) police officers and other persons authorised by the Chief Commissioner of Police to have access to the Register of Sex Offenders;\n\n(b) persons authorised to receive reports under Part 3.\n\nS. 70N inserted by No. 21/2016 s. 15.\n\n","sortOrder":154},{"sectionNumber":"70N","sectionType":"section","heading":"Powers in relation to monitoring","content":"\t70N Powers in relation to monitoring\n\n(1) An authorised officer may, after notifying the Chief Commissioner of Police of the intended entry—\n\n(a) enter at any time premises occupied by Victoria Police at which the IBAC Commissioner reasonably believes there are documents that contain, or relate to, the Register of Sex Offenders or any part of that Register or that are relevant to the IBAC's functions under this Part; and\n\n(b) inspect or copy any document found at any premises entered under paragraph (a); and\n\n(c) do anything that it is necessary or convenient to do to enable an inspection to be carried out under this section.\n\n(2) For the purposes of this section, an ***authorised officer*** is—\n\n(a) the IBAC Commissioner; or\n\n(b) a sworn IBAC Officer who is authorised under subsection (3).\n\n(3) The IBAC may authorise a sworn IBAC Officer to exercise the powers of an authorised officer under this section.\n\nS. 70O inserted by No. 21/2016 s. 15.\n\n","sortOrder":155},{"sectionNumber":"70O","sectionType":"section","heading":"Reports on monitoring compliance","content":"\t70O Reports on monitoring compliance\n\n(1) The IBAC may at any time give the Minister a written report on—\n\n(a) the results of any inspections carried out under section 70N; and\n\n(b) compliance with Part 3 in the period to which the report relates by the Chief Commissioner of Police and police officers receiving reports; and\n\n(c) compliance with Part 4 in the period to which the report relates by the Chief Commissioner of Police and other persons authorised by the Chief Commissioner of Police to have access to the Register of Sex Offenders or any part of that Register.\n\n(2) If requested by the Minister to do so, the IBAC must give the Minister a report under subsection (1) as soon as practicable after receiving the request.\n\n(3) The IBAC must give a copy of any report under subsection (1) to the Chief Commissioner of Police.\n\n(4) The Chief Commissioner of Police must advise the Minister of any information included in a copy of a report received under subsection (3) that, in the Chief Commissioner's opinion, should be excluded from the report before the report is laid before Parliament because the information could be reasonably expected to—\n\n(a) endanger a person's safety; or\n\n(b) prejudice an investigation or prosecution; or\n\n(c) compromise operational activities or methodologies of Victoria Police or the IBAC.\n\n(5) The Minister must—\n\n(a) exclude information from the report if satisfied on the advice of the Chief Commissioner of Police of any of the grounds set out in subsection (4); and\n\n(b) cause a copy of a report under this section to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report.\n\nS. 70P inserted by No. 21/2016 s. 15.\n\n","sortOrder":156},{"sectionNumber":"70P","sectionType":"section","heading":"Chief Commissioner of Police to report to Minister","content":"\t70P Chief Commissioner of Police to report to Minister\n\n(1) The Chief Commissioner of Police must report to the Minister, before 30 September in each year, on the following matters—\n\nS. 70P(1)(a) amended by No. 25/2017 s. 46.\n\n(a) the total number of registrable offenders as at the immediately preceding 30 June;\n\n(b) the number of offenders added to the Register in the financial year ending on the immediately preceding 30 June;\n\nS. 70P(1)(ba) inserted by No. 21/2016 s. 9.\n\n(ba) the number of prohibition orders made in the financial year ending on the immediately preceding 30 June;\n\nS. 70P(1)(bb) inserted by No. 21/2016 s. 9.\n\n(bb) the number of registration orders made in the financial year ending on the immediately preceding 30 June;\n\n(c) any other prescribed information.\n\n(2) The Minister must cause the information reported under subsection (1) to be included in Victoria Police's annual report of operations for a financial year under Part 7 of the **Financial Management Act 1994**.\n\n(3) The Chief Commissioner of Police must not report under subsection (1) any personal information unless the information is de‑identified information.\n\n(4) For the purposes of subsection (3), ***de‑identified information*** has the same meaning as in section 64A.\n\nPt 5C (Headings and ss 70Q–70W) inserted by No. 25/2019 s. 37.\n\n","sortOrder":157},{"sectionNumber":"Part 5C","sectionType":"part","heading":"Approval of making of acknowledgement of sex applications—registrable offenders","content":"Part 5C—Approval of making of acknowledgement of sex applications—registrable offenders\n\nS. 70Q inserted by No. 25/2019 s. 37.\n\n","sortOrder":158},{"sectionNumber":"70Q","sectionType":"section","heading":"Offence to make acknowledgement of sex application without approval","content":"\t70Q Offence to make acknowledgement of sex application without approval\n\n(1) A registrable offender must not make an acknowledgement of sex application to a Registrar without having first obtained the written approval of the Chief Commissioner of Police.\n\nPenalty: 5 penalty units.\n\n(2) A person must not make an acknowledgement of sex application to a Registrar on behalf of a registrable offender unless the written approval of the Chief Commissioner of Police is first obtained.\n\nPenalty: 5 penalty units.\n\nS. 70R inserted by No. 25/2019 s. 37.\n\n","sortOrder":159},{"sectionNumber":"70R","sectionType":"section","heading":"Application by registrable offender or other person for approval of Chief Commissioner of Police","content":"\t70R Application by registrable offender or other person for approval of Chief Commissioner of Police\n\nA registrable offender or other person who intends to make an acknowledgement of sex application may apply to the Chief Commissioner of Police for approval of the making of the acknowledgement of sex application by the registrable offender or the person.\n\nS. 70S inserted by No. 25/2019 s. 37.\n\n","sortOrder":160},{"sectionNumber":"70S","sectionType":"section","heading":"Approval by Chief Commissioner of Police of the making of acknowledgement of sex application","content":"\t70S Approval by Chief Commissioner of Police of the making of acknowledgement of sex application\n\n(1) Subject to subsection (2), on an application under section 70R, the Chief Commissioner of Police may approve the making of an acknowledgement of sex application if the Chief Commissioner of Police is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex is, in all the circumstances, necessary or reasonable.\n\n(2) The Chief Commissioner of Police must not approve the making of an acknowledgement of sex application if the Chief Commissioner of Police is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex would be reasonably likely—\n\n(a) to be regarded as offensive by a victim of crime or an appreciable sector of the community; or\n\n(b) to frustrate the administration of this Act in respect of the registrable offender.\n\nS. 70T inserted by No. 25/2019 s. 37.\n\n","sortOrder":161},{"sectionNumber":"70T","sectionType":"section","heading":"Copy of approval or refusal of Chief Commissioner of Police","content":"\t70T Copy of approval or refusal of Chief Commissioner of Police\n\n(1) If the Chief Commissioner of Police approves the making of an acknowledgement of sex application, the Chief Commissioner of Police as soon as practicable must give a copy of the approval to—\n\n(a) the person who sought the approval; and\n\n(b) the Victorian Registrar.\n\n(2) If the Chief Commissioner of Police refuses to approve the making of an acknowledgement of sex application the Chief Commissioner of Police must give a copy of that refusal to—\n\n(a) the person who sought the approval; and\n\n(b) the Secretary.\n\nSee section 70I for information shared between the Secretary or the Chief Commissioner of Police and the Victorian Registrar.\n\nS. 70U inserted by No. 25/2019 s. 37.\n\n","sortOrder":162},{"sectionNumber":"70U","sectionType":"section","heading":"Lapse of application where registrable offender ceases to be a registrable offender","content":"\t70U Lapse of application where registrable offender ceases to be a registrable offender\n\nAn acknowledgement of sex application by or on behalf of a registrable offender lapses if—\n\n(a) the registrable offender ceases to be a registrable offender; and\n\n(b) the Victorian Registrar has not registered the alteration of the record of sex or issued the document acknowledging name and sex before the registrable offender ceases to be a registrable offender.\n\nS. 70V inserted by No. 25/2019 s. 37.\n\n","sortOrder":163},{"sectionNumber":"70V","sectionType":"section","heading":"Registrable offender who is also subject to a supervision or detention order","content":"\t70V Registrable offender who is also subject to a supervision or detention order\n\n(1) This section applies to a registrable offender who is also subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order within the meaning of the **Serious Offenders Act 2018**.\n\n(2) Despite this Part, an application by or on behalf of a registrable offender to whom this section applies for the appropriate approval to make an acknowledgement of sex application must be made under and in accordance with Part 17A of the **Serious Offenders Act 2018**.\n\nS. 70W inserted by No. 25/2019 s. 37.\n\n","sortOrder":164},{"sectionNumber":"70W","sectionType":"section","heading":"Registrable offender who is also a prisoner on parole","content":"\t70W Registrable offender who is also a prisoner on parole\n\nDespite this Part, an application for the appropriate approval to make an acknowledgement of sex application by or on behalf of a registrable offender who is also a prisoner on parole within the meaning of Division 6A of Part 8 of the **Corrections Act 1986** must be made in accordance with Division 6A of Part 8 of the **Corrections Act 1986**.\n\nPt 5D (Heading and ss 70X–70ZH) inserted by No. 55/2025 s. 73.\n\n","sortOrder":165},{"sectionNumber":"Part 5D","sectionType":"part","heading":"Authorised disclosures of information to affected persons","content":"Part 5D—Authorised disclosures of information to affected persons\n\nS. 70X inserted by No. 55/2025 s. 73.\n\n","sortOrder":166},{"sectionNumber":"70X","sectionType":"section","heading":"Definitions for this Part","content":"\t70X Definitions for this Part\n\n***affected person*** means any of the following—\n\n(a) a victim of a registrable offence committed by a registrable offender;\n\n(b) a parent of a person referred to in paragraph (a) who—\n\n(i) is a child; or\n\n(ii) was a child at the time the offence occurred;\n\n***affected person's representative*** means—\n\n(a) a person nominated under section 70ZB by an affected person; or\n\n(b) in the case of an affected person included in the victims register, a nominee included in the victims register for that person;\n\n***authorised person*** means any of the following—\n\n(a) an affected person;\n\n(b) a person included in the victims register or previously included in the victims register in relation to the registrable offender;\n\n(c) a family member of the affected person, including a parent of the affected person;\n\n(d) a member of Victoria Police personnel performing a function, exercising a power or discharging a duty under this Act;\n\n(e) a police officer, the Director of Public Prosecutions or a person employed in the Office of Public Prosecutions established under the **Public Prosecutions Act 1994** if that police officer or person is investigating an offence;\n\n(f) a registered medical practitioner in the course of treatment of an affected person or affected person's representative;\n\n(g) a person registered as a psychologist under the Health Practitioner Regulation National Law in the course of treatment of an affected person or affected person's representative;\n\n(h) a lawyer in the course of consulting that lawyer for legal advice;\n\n***Director of Public Prosecutions*** means the Director of Public Prosecutions appointed under section 87AB of the **Constitution Act 1975**;\n\n***relevant application*** means any of the following—\n\n(a) an application for a sex offender registration order;\n\n(b) an application for a registration exemption order;\n\n(c) an application under section 39 or 39A for a suspension order;\n\n(d) an application under section 44A to revoke a suspension order;\n\n(e) an application under Part 5A for approval of a change of name application;\n\n(f) an application under section 70R for approval of an acknowledgement of sex application that includes a change of name;\n\n***relevant event*** means any of the following—\n\n(a) the making of a sex offender registration order under section 11(1), (2) or (9);\n\n(b) a suspension order ceasing to have effect by operation of section 44(1) or 44A(2);\n\n(c) the reviving of a suspension order under section 44(2);\n\n***relevant matter*** means any of the following—\n\n(a) a suspension of reporting obligations under section 45A;\n\n(b) a cancellation of suspension of reporting obligations under section 45A;\n\n***suspension order*** means an order made by a court under section 40 suspending a registrable offender's reporting obligations;\n\n***victims register*** has the same meaning as it has in the **Corrections Act 1986**.\n\nS. 70Y inserted by No. 55/2025 s. 73.\n\n","sortOrder":167},{"sectionNumber":"70Y","sectionType":"section","heading":"Chief Commissioner of Police may disclose certain information to affected persons","content":"\t70Y Chief Commissioner of Police may disclose certain information to affected persons\n\n(1) Subject to this section and section 70Z, the Chief Commissioner of Police may disclose any information specified in section 70ZA to an affected person if any of the following applies—\n\n(a) the disclosure is made for the purposes of performing functions or exercising powers in relation to any relevant application or relevant matter;\n\n(b) a relevant application has been made;\n\n(c) a relevant event has occurred.\n\n(2) If an affected person has nominated a representative, the Chief Commissioner of Police may disclose information under subsection (1) to the representative on behalf of the affected person.\n\n(3) If the affected person is a child, the Chief Commissioner of Police may disclose information under subsection (1) to a parent of the child or a representative nominated by a parent instead of the child or a representative nominated by the child after having regard to—\n\n(a) the child's capacity to receive the disclosure or nominate a representative; and\n\n(b) any preferences for contact expressed by the child and the child's capacity to express those preferences.\n\n(4) This section does not apply if—\n\n(a) the disclosure relates to a registrable offender who is a person to whom Division 9 of Part 3 applies; or\n\n(b) the disclosure of the information would be contrary to an order made by a court.\n\nS. 70Z inserted by No. 55/2025 s. 73.\n\n","sortOrder":168},{"sectionNumber":"70Z","sectionType":"section","heading":"Disclosure considerations","content":"\t70Z Disclosure considerations\n\n(1) In deciding whether to disclose specified information under section 70Y the Chief Commissioner of Police must have regard to the following—\n\n(a) the welfare of the affected person;\n\n(b) the affected person's preferences (if any) as to contact;\n\n(c) any other matter the Chief Commissioner of Police considers relevant.\n\n(2) The Chief Commissioner of Police may also have regard to—\n\n(a) the welfare of any other affected person; and\n\n(b) the capacity of the affected person to receive a disclosure, nominate a representative or express a preference as to contact; and\n\n(c) if the disclosure under section 70Y(1) is made to a parent or representative of a parent instead of a child, the parent's welfare and capacity to receive a disclosure, nominate a representative or express a preference as to contact.\n\nS. 70ZA iinserted by No. 55/2025 s. 73.\n\n\t70ZA Specified information\n\n(1) For the purposes of section 70Y(1), the following information is specified about a relevant application or relevant matter—\n\n(a) the name of the registrable offender;\n\n(b) the nature of the relevant application or relevant matter;\n\n(c) in the case of a relevant application made to a court, details about how to find information about the date, time and place of the hearing;\n\n(d) the decision of the court or the Chief Commissioner of Police (as the case requires) in relation to the relevant application or relevant matter, including—\n\n(i) if the relevant application is an application for a sex offender registration order, the reporting period specified in the order; and\n\n(ii) if the relevant application or relevant matter relates to a suspension of reporting obligations, the period for which the registrable offender's reporting obligations are suspended; and\n\n(iii) if the relevant application is an application for approval of change of name or approval of an acknowledgement of sex, the name registered and date on which it was registered by the Registrar;\n\n(e) the date on which the decision was made by the court or the Chief Commissioner of Police.\n\n(2) For the purposes of section 70Y(1), the following information is specified in relation to a relevant event—\n\n(a) the name of the registrable offender;\n\n(b) in the case of the making of a sex offender registration order under section 11(1), (2) or (9)—\n\n(i) the date on which the order was made; and\n\n(ii) the reporting period specified in the order;\n\n(c) in the case of a suspension order that has ceased to have effect—\n\n(i) the order that has ceased to have effect; and\n\n(ii) the date on which it ceased to have effect; and\n\n(iii) the reason that the order ceased to have effect;\n\n(d) if the suspension order has been revived by operation of section 44(2)—\n\n(i) the order that has been revived; and\n\n(ii) the date on which it was revived; and\n\n(iii) the reason that the order has been revived.\n\nS. 70ZB inserted by No. 55/2025 s. 73.\n\n\t70ZB Affected person may nominate contact preferences and representative\n\n(1) An affected person may notify the Chief Commissioner of Police from time to time of the affected person's preference as to contact for the purposes of receiving a disclosure of information under section 70Y.\n\n(2) An affected person may nominate a representative to receive a disclosure under section 70Y on their behalf.\n\n(3) A nomination under subsection (2) must be made in the form approved by the Chief Commissioner of Police and include the name and contact details of the person nominated as a representative.\n\nS. 70ZC inserted by No. 55/2025 s. 73.\n\n\t70ZC Secretary may give Chief Commissioner of Police information included in victims register\n\nIf requested by the Chief Commissioner of Police for the purposes of disclosing information under this Part, the Secretary may—\n\n(a) advise the Chief Commissioner of Police—\n\n(i) whether an affected person is included in the victims register in respect of a registrable offence committed by the registrable offender; and\n\n(ii) if that affected person is included in the victims register, the name of any nominee; and\n\n(b) give to the Chief Commissioner of Police the contact details and contact preferences of an affected person included in the victims register and of any nominee included for that affected person in the victims register.\n\nS. 70ZD inserted by No. 55/2025 s. 73.\n\n\t70ZD Record of contact preferences and details\n\nThe Chief Commissioner of Police must keep a record of—\n\n(a) contact details and contact preferences of an affected person notified under section 70ZB or obtained under section 70ZC; and\n\n(b) the name, contact details and contact preferences of any affected person's representative notified under section 70ZB or obtained under section 70ZC.\n\nS. 70ZE inserted by No. 55/2025 s. 73.\n\n\t70ZE Obligation to maintain confidentiality of information disclosed—affected person or affected person's representative\n\n(1) An affected person or an affected person's representative to whom information is disclosed under section 70Y must maintain the confidential nature of the information.\n\n(2) An affected person or affected person's representative does not fail to maintain the confidential nature of the information merely by—\n\n(a) in the case of an affected person's representative or a parent of an affected person, disclosing the information to the affected person on whose behalf the disclosure under section 70Y was received; or\n\n(b) in any case, disclosing the information to an authorised person.\n\n(3) A disclosure in circumstances referred to in subsection (2) does not affect the confidential nature of the information.\n\n(4) For the purposes of this section, information disclosed under section 70Y is no longer confidential in nature if it lawfully enters the public domain.\n\nS. 70ZF inserted by No. 55/2025 s. 73.\n\n\t70ZF Obligation to maintain confidentiality—authorised persons and third parties\n\n(1) This section applies to a person who—\n\n(a) receives information that was disclosed to an affected person or an affected person's representative under section 70Y; and\n\n(b) knows or ought reasonably to have known that the information was disclosed to an affected person or an affected person's representative under section 70Y by the Chief Commissioner of Police.\n\n(2) The person must maintain the confidential nature of that information.\n\n(3) For the purposes of this section, information disclosed under section 70Y is no longer confidential in nature if it lawfully enters the public domain.\n\nS. 70ZG inserted by No. 55/2025 s. 73.\n\n\t70ZG Offence to publish information disclosed under this Part\n\n(1) A person must not publish any information about a registrable offender if—\n\n(a) the information was disclosed to an affected person or an affected person's representative under section 70Y; and\n\n(b) the person knows or ought reasonably to have known that the information was disclosed to an affected person or an affected person's representative under section 70Y.\n\nPenalty: 60 penalty units in the case of a natural person;\n\n1200 penalty units in the case of a body corporate.\n\n(2) A person must not, for the purposes of publication, solicit or obtain from an affected person or an affected person's representative information that was disclosed to that person under section 70Y.\n\nPenalty: 120 penalty units or 1 year imprisonment, in the case of a natural person;\n\n1200 penalty units, in the case of a body corporate.\n\n(3) This section does not apply to information about a registrable offender that has lawfully entered the public domain.\n\nS. 70ZH inserted by No. 55/2025 s. 73.\n\n\t70ZH Part does not create rights to information or consultation\n\nNothing in this Part—\n\n(a) requires the Chief Commissioner of Police to disclose any specified information to an affected person; or\n\n(b) creates any right for an affected person to be consulted by the Chief Commissioner of Police in relation to a relevant application or relevant matter.\n\n","sortOrder":169},{"sectionNumber":"Part 6","sectionType":"part","heading":"Other matters","content":"Part 6—Other matters\n\n","sortOrder":170},{"sectionNumber":"71","sectionType":"section","heading":"Exclusion of liability","content":"\t71 Exclusion of liability\n\n(1) An act or omission that a person does or omits to do in good faith in the administration or execution of this Act does not subject the person personally to any action, liability, claim or demand.\n\nS. 71(2) substituted by No. 79/2004 s. 102, repealed by No. 82/2012 s. 136.\n\nS. 71A inserted by No. 52/2007 s. 21, amended by No. 60/2014 s. 140(Sch. 3 item 43).\n\n","sortOrder":171},{"sectionNumber":"71A","sectionType":"section","heading":"Disclosure of personal information—supervising authorities","content":"\t71A Disclosure of personal information—supervising authorities\n\nDespite anything to the contrary in this Act, the **Privacy and Data Protection Act 2014** or any other Act (other than the Charter of Human Rights and Responsibilities), a supervising authority (the first mentioned supervising authority) may disclose to another supervising authority (the second mentioned supervising authority) any personal information it holds and that was provided to it in accordance with the provisions of this Act in respect of a registrable offender if the first mentioned supervising authority believes on reasonable grounds that to do so is necessary for the proper administration of this Act.\n\n","sortOrder":172},{"sectionNumber":"72","sectionType":"section","heading":"Effect of spent convictions","content":"\t72 Effect of spent convictions\n\n(1) The fact that an offence in respect of which a registrable offender has been found guilty becomes spent does not affect—\n\n(a) the status of the offence as a registrable offence for the purposes of this Act in respect of the registrable offender; or\n\n(b) any reporting obligations of the registrable offender.\n\n(2) For the purposes of this section, an offence becomes spent if, under a law in any jurisdiction, the registrable offender is permitted to not disclose the fact that he or she was convicted or found guilty of the offence.\n\n","sortOrder":173},{"sectionNumber":"73","sectionType":"section","heading":"Certificate concerning evidence","content":"\t73 Certificate concerning evidence\n\nS. 73(1) amended by No. 37/2014 s. 10(Sch. item 154.10).\n\n(1) In proceedings under this Act, a certificate signed by the Chief Commissioner of Police, or a police officer holding a position designated in writing by the Chief Commissioner of Police for the purposes of this section, certifying that the Register—\n\n(a) at any particular date contained information specified in the certificate; or\n\n(b) indicated that, during any particular period, a specified person failed to notify information as required by this Act—\n\nis evidence, and in the absence of evidence to the contrary is proof, of the details specified in the certificate.\n\n(2) For the purposes of this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate.\n\nS. 73A inserted by No. 34/2005 s. 25.\n\n","sortOrder":174},{"sectionNumber":"73A","sectionType":"section","heading":"Transitional provisions—Sex Offenders Registration (Amendment) Act 2005","content":"\t73A Transitional provisions—Sex Offenders Registration (Amendment) Act 2005\n\n(1) The amendments of section 34 of this Act made by section 15 of the **Sex Offenders Registration (Amendment) Act 2005** apply to any person who is sentenced for a registrable offence on or after the commencement of that section of that Act.\n\n(2) Despite the repeal of section 50(5) effected by section 17 of the **Sex Offenders Registration (Amendment) Act 2005** and the revocation of any regulations made for the purpose of that section 50(5), those regulations continue to have effect with respect to a registrable offender who is sentenced for a registrable offence before the commencement of that section of that Act (a \"pre‑commencement offence\") and who is not again sentenced for a registrable offence on or after the commencement of that section of that Act before his or her reporting obligations commence in respect of the pre‑commencement offence.\n\nS. 73B inserted by No. 79/2006 s. 55.\n\n","sortOrder":175},{"sectionNumber":"73B","sectionType":"section","heading":"Transitional provision—Justice Legislation (Further Amendment) Act 2006","content":"\t73B Transitional provision—Justice Legislation (Further Amendment) Act 2006\n\nThe amendments of section 3 of this Act made by section 53 of the **Justice Legislation (Further** **Amendment) Act 2006** do not affect the rights of the parties in the proceeding known as *DPP v Neisser* [2006] VSC 218 (No. 9544 of 2005) in the Supreme Court of Victoria.\n\nS. 73C inserted by No. 18/2008 s. 19.\n\n","sortOrder":176},{"sectionNumber":"73C","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008","content":"\t73C Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008\n\n(1) The amendments made to this Act by section 18 of the **Justice Legislation Amendment (Sex Offences Procedure) Act 2008** apply to a person who is sentenced for a registrable offence on or after the commencement of that section.\n\n(2) For the purposes of subsection (1), a sentence imposed by an appellate court on setting aside a sentencing order must be taken to have been imposed at the time the original sentencing order was made.\n\nS. 73D inserted by No. 82/2012 s. 137.\n\n","sortOrder":177},{"sectionNumber":"73D","sectionType":"section","heading":"Transitional provision—Integrity and Accountability Legislation Amendment Act 2012","content":"\t73D Transitional provision—Integrity and Accountability Legislation Amendment Act 2012\n\n(1) If, before the commencement day, the Director had received an appeal under section 59 but had not determined it, the IBAC must determine the appeal in accordance with that section.\n\n(2) If, before the commencement day, the Director has carried out an inspection under section 66C but has not provided a written report to the Minister under section 66D in relation to that inspection, on and from the commencement day, the IBAC may report on that inspection as if the IBAC had carried out that inspection.\n\n(3) If, before the commencement day, the Director had been requested under section 66D(2) by the Minister to give a report but had not commenced that report, or had commenced the report but not completed it, on and from the commencement day, the IBAC must give that report, or complete that report, as the case requires, as if the Minister had requested IBAC to make that report.\n\n(4) The IBAC must give a copy of a report referred to in subsection (3) to the Chief Commissioner in accordance with section 66D(3).\n\n(5) In this section, ***commencement day*** means the day on which section 16 of the **Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012** comes into operation.\n\nS. 73D(6) inserted by No. 21/2016 s. 16.\n\n(6) In this section—\n\n(a) a reference to section 66C is a reference to section 66C as in force immediately before the commencement of Part 4 of the **Sex Offenders Registration Amendment Act 2016**; and\n\n(b) a reference to section 66D is a reference to section 66D as in force immediately before the commencement of Part 4 of the **Sex Offenders Registration Amendment Act 2016**.\n\nS. 73E inserted by No. 82/2014 s. 24.\n\n","sortOrder":178},{"sectionNumber":"73E","sectionType":"section","heading":"Transitional provisions—Sex Offenders Registration Amendment Act 2014","content":"\t73E Transitional provisions—Sex Offenders Registration Amendment Act 2014\n\n(1) Section 11(6), as amended by section 5(3) of the **Sex Offenders Registration Amendment Act 2014**, applies only to a sentence that is imposed on or after the commencement of section 5(3) of the **Sex Offenders Registration Amendment Act 2014**.\n\n(2) Section 17(1), (1A), (1B), (2) and (3), as amended by section 7 of the **Sex Offenders Registration Amendment Act 2014**, applies only to a change to personal details that occurs on or after the commencement of section 7 of the **Sex Offenders Registration Amendment Act 2014**.\n\n(3) Section 17(4), as amended by section 7 of the **Sex Offenders Registration Amendment Act 2014** applies only to a registrable offender who ceases to be in government custody on or after the commencement of section 7 of the **Sex Offenders Registration Amendment Act 2014**.\n\n(4) Section 18(1)(a), as amended by section 8 of the **Sex Offenders Registration Amendment Act 2014**, applies only in respect of an absence from Victoria that is to commence on or after the day that is 9 days after the commencement of section 8 of the **Sex Offenders Registration Amendment Act 2014** comes into operation.\n\n(5) Section 19(1)(a), as amended by section 9 of the **Sex Offenders Registration Amendment Act 2014**, applies only in respect of an extension of a stay elsewhere in Australia that commences on or after the day that is 9 days after the commencement of section 9 of the **Sex Offenders Registration Amendment Act 2014** comes into operation.\n\n(6) Section 20(2), as substituted by section 10(1) of the **Sex Offenders Registration Amendment Act 2014**, applies only to a registrable offender who returns to Victoria on or after the commencement of section 10(1) of the **Sex Offenders Registration Amendment Act 2014**.\n\n(7) Section 20(2A) applies only to a registrable offender who returns to Victoria on or after the commencement of section 10(1) of the **Sex Offenders Registration Amendment Act 2014**.\n\n(8) Section 20(3), as amended by section 10(2) of the **Sex Offenders Registration Amendment Act 2014**, applies only to a registrable offender's decision on or after the commencement of section 10(2) of the **Sex Offenders Registration Amendment Act 2014** not to leave Victoria.\n\n(9) Section 21A applies only in respect of a report of a kind referred to in that section that is made on or after the commencement of section 11 of the **Sex Offenders Registration Amendment Act 2014**.\n\nS. 73F inserted by No. 21/2016 s. 17.\n\n","sortOrder":179},{"sectionNumber":"73F","sectionType":"section","heading":"Transitional provisions—Sex Offenders Registration Amendment Act 2016","content":"\t73F Transitional provisions—Sex Offenders Registration Amendment Act 2016\n\n(1) If, immediately before the commencement of Part 4 of the **Sex Offenders Registration Amendment Act 2016**, the IBAC had carried out an inspection under section 66C as in force immediately before the commencement of that Part, but had not given the Minister a report about that inspection, the IBAC may report on the inspection under section 70O as if the inspection had been conducted under section 70N.\n\n(2) Section 70O does not apply to a report given by the IBAC to the Minister under section 66D before the commencement of Part 4 of the **Sex Offenders Registration Amendment Act 2016**.\n\nS. 73G inserted by No. 54/2016 s. 39.\n\n","sortOrder":180},{"sectionNumber":"73G","sectionType":"section","heading":"Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016","content":"\t73G Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016\n\nOn and from 1 July 2016, a disclosure of personal information in the Register by the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register to the Australian Crime Commission for entry on the Australian National Child Offender Register is taken to be a lawful disclosure.\n\nS. 73H inserted by No. 25/2017 s. 10, repealed by No. 44/2021 s. 30.\n\nS. 73I inserted by No. 25/2017 s. 18, repealed by No. 44/2021 s. 31.\n\nS. 73J inserted by No. 27/2018 s. 351(Sch. 4 cl. 22).\n\n","sortOrder":181},{"sectionNumber":"73J","sectionType":"section","heading":"Saving of orders continued in effect after commencement by Serious Offenders Act 2018","content":"\t73J Saving of orders continued in effect after commencement by Serious Offenders Act 2018\n\n(1) Despite the amendment of section 61C(3)(b) and section 70J by section 365 of the **Serious Offenders Act 2018**, sections 61C(3)(b) and 70J have effect, on and after the commencement day, as if a reference in those sections to a supervision order, detention order or an interim order within the meaning of the **Serious Offenders Act 2018** included a reference to a supervision order, detention order or interim order that is continued in force by subclause 4(1) of Schedule 4 to the **Serious Offenders Act 2018**.\n\n***commencement day*** means the day on which section 365 of the **Serious Offenders Act 2018** comes into operation.\n\nS. 73K inserted by No. 44/2021 s. 32.\n\n","sortOrder":182},{"sectionNumber":"73K","sectionType":"section","heading":"Transitional provision—Firearms and Other Acts Amendment Act 2021—Application for registration exemption order","content":"\t73K Transitional provision—Firearms and Other Acts Amendment Act 2021—Application for registration exemption order\n\n(1) If—\n\n(a) on or after 21 September 2019 and before the commencement day, a person has been found guilty by a court of an offence against sections 474.22(1), 474.22A(1) or 474.23(1) of the Criminal Code of the Commonwealth; and\n\n(b) the person satisfies the requirements of section 11A(1), (2) and (3)—\n\nthe person may, on and after the commencement day, apply for a registration exemption order under section 11A in respect of that offence as if item 28D of Schedule 2 as inserted by section 34(1) of the amending Act and item 5 of Schedule 5 as substituted by section 35(2) of the amending Act had been in operation before the commencement day.\n\n***amending Act*** means the **Firearms and Other Acts Amendment Act 2021**;\n\n***commencement day*** means the day on which Part 6 of the amending Act comes into operation.\n\nS. 74 amended by No. 79/2004 s. 103 (ILA s. 39B(1)).\n\n","sortOrder":183},{"sectionNumber":"74","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t74 Supreme Court—limitation of jurisdiction\n\n(1) It is the intention of section 71 to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 74(2) inserted by No. 79/2004 s. 103.\n\n(2) It is the intention of section 71, as amended by section 102 of the **Major Crime (Investigative Powers) Act 2004**, to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 74A inserted by No. 25/2017 s. 47.\n\n","sortOrder":184},{"sectionNumber":"74A","sectionType":"section","heading":"Rules of court","content":"\t74A Rules of court\n\n(1) Rules of court made by the authority having for the time being power to make rules regulating the practice and procedure of a court may include rules for or with respect to any matter for which provision is to be made under this Act by rules of court.\n\n(2) Rules of court made under this Act may regulate generally the practice and procedure under this Act.\n\n","sortOrder":185},{"sectionNumber":"75","sectionType":"section","heading":"Regulations","content":"\t75 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) matters incidental to the making of reports under Part 3 including—\n\n(i) the manner and form in which a report must be made; and\n\n(ii) the nature of any verifying documentation or evidence to be produced in support of a report; and\n\n(iii) requiring that a report contain additional information to that required by that Part;\n\nS. 75(1)(a)(iv) inserted by No. 82/2014 s. 25.\n\n(iv) without limiting any other power under this section, for the purposes of section 21A, the documents to be produced to verify or support the details in a report referred to in that section;\n\n(b) the form of, or the information to be included in, any notice or other document that is required by this Act to be given to registrable offenders;\n\n(c) the manner and form in which the Register is to be established and maintained, including the manner and form in which information is to be entered in the Register;\n\n(d) requiring or permitting the Chief Commissioner of Police to remove specified information, or information of a specified class, from the Register;\n\n(e) the notification of reporting obligations to registrable offenders, including—\n\n(i) the manner and form in which the information is to be given to registrable offenders;\n\n(ii) permitting the person notifying a registrable offender to ask the registrable offender to acknowledge being given the notice;\n\n(iii) making special provision for the notification of registrable offenders who are children or who have disabilities or other special needs;\n\n(iv) permitting or requiring a person or body to be notified of a registrable offender's status as a child or person who has a disability or other special need to facilitate notification and reporting;\n\n(v) providing for the notification to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations;\n\n(vi) requiring that a registrable offender be given additional information to that required by this Act;\n\n(vii) requiring a person or body to provide specified information to registrable offenders concerning their reporting obligations;\n\n(viii) requiring a person or body to inform the Chief Commissioner of Police—\n\n(A) that a registrable offender has left the custody or control of the person or body;\n\n(B) that the person or body has given specified information to a registrable offender;\n\n(C) that, in the opinion of the person or body, a registrable offender does or does not have the legal capacity to understand specified information;\n\nS. 75(1)(e)(ix) amended by No. 55/2025 s. 75(3).\n\n(ix) requiring a person or body to give the Chief Commissioner of Police any acknowledgement by a registrable offender of the receipt of a notice or any other specified information that is held by the person or body;\n\n(f) empowering the Chief Commissioner of Police to give directions as to which police stations are to be used as a venue for the making of reports;\n\n(g) providing that a police station, or a class of police station, is not to be used as a venue for the making of reports without the consent of the Chief Commissioner of Police;\n\n(h) requiring a person or body to create records for the purposes of this Act and to retain those records for a specified period or an unlimited period;\n\nS. 75(1)(ha) inserted by No. 79/2006 s. 54(2).\n\n(ha) prescribing an entity as the supervising authority in relation to a class of offender;\n\n(i) prescribing a person included in a specified class of persons as a corresponding registrable offender for the purposes of this Act;\n\n(j) stating that a specified class of order made under a specified corresponding Act is a corresponding sex offender registration order for the purposes of this Act;\n\nS. 75(1)(ja) inserted by No. 21/2016 s. 10.\n\n(ja) matters in respect of or incidental to prohibition orders and registration orders including the form of, and information to be included in, any notice required to be given to the registrable offender or any other person;\n\nS. 75(1)(jb) inserted by No. 21/2016 s. 10.\n\n(jb) matters in respect of or incidental to seizure of things under Part 4A, including the form of, and information to be included in, receipts and registers, and processes for returning seized things;\n\n(k) prescribing any other matter required or permitted by this Act to be prescribed or that it is necessary or convenient to prescribe to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or of specially limited application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a specified person or a specified class of person; or\n\n(iii) as specified in both subparagraphs (i) and (ii); and\n\n(d) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and\n\n(e) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and\n\n(f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\nS. 75(3) inserted by No. 79/2006 s. 54(3).\n\n(3) Regulations made under section 75(1)(ha) may prescribe an entity as the supervising authority in relation to a class of offender even if the entity has no direct or actual supervision of offenders belonging to that class.\n\nS. 75A inserted by No. 28/2025 s. 28.\n\n","sortOrder":186},{"sectionNumber":"75A","sectionType":"section","heading":"Transitional provisions—Corrections Legislation Amendment Act 2025","content":"\t75A Transitional provisions—Corrections Legislation Amendment Act 2025\n\n","sortOrder":187},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"has effect.","content":"Schedule 6 has effect.\n\nS. 75B inserted by No. 55/2025 s. 74.\n\n","sortOrder":188},{"sectionNumber":"75B","sectionType":"section","heading":"Savings provision—Justice Legislation Amendment (Police and Other Matters) Act 2025","content":"\t75B Savings provision—Justice Legislation Amendment (Police and Other Matters) Act 2025\n\n(1) A member of Victoria Police personnel is not liable to be prosecuted for an offence against section 64 in relation to conduct which occurred before the commencement day if the conduct constituting that offence, on and after the commencement day, would have been authorised under this Act as amended by section 73 of the **Justice Legislation Amendment (Police and Other Matters) Act 2025**.  \n\n***commencement day***  means the day on which section 73 of the **Justice Legislation Amendment (Police and Other Matters) Act 2025** comes into operation;\n\n***member of Victoria Police personnel***  has the meaning given in the **Victoria Police Act 2013**.\n\nS. 73L inserted by No. 37/2022 s. 7, repealed by No. 56/2004 s. 73L(9).\n\nPt 7 (Heading and ss 76–79) repealed by No. 28/2007 s. 3(Sch. item 61.2).\n\nSchedules\n\n","sortOrder":189},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Class 1 offences","content":"Schedule 1—Class 1 offences\n\nSection 7(2)\n\nSch. 1 item 1 amended by Nos 34/2005 s. 24(1)(a)(b), 2/2006 s. 45(1)(a), substituted by Nos 74/2014 s. 33(1), 47/2016 s. 43(3).\n\n1 An offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the **Crimes Act 1958** that involves sexual penetration where the person against whom the offence is committed is a child.\n\nSch. 1 item 1A inserted by No. 2/2006 s. 45(1)(b), substituted by No. 74/2014 s. 33(1), repealed by No. 47/2016 s. 43(3).\n\nSch. 1 item 2 amended by No. 2/2006 s. 45(1)(c), substituted by No. 47/2016 s. 43(4).\n\n2 An offence against section 49J(1) of the **Crimes Act 1958** (persistent sexual abuse of a child under theage of 16).\n\nSch. 1 item 3 substituted by No. 47/2016 s. 43(4).\n\n3 An offence against section 49S(1) of the **Crimes Act 1958** (facilitating a sexual offence against a child).\n\nSch. 1  \nitem 4 repealed by No. 34/2005 s. 24(1)(c), new Sch. 1 item 4 inserted by No. 47/2016 s. 43(4).\n\n4 An offence against section 47A(1) of the **Crimes Act 1958** (persistent sexual abuse of child under the ageof 16) inserted in the **Crimes** **Act 1958** on 5 August 1991 by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\nSch. 1  \nitem 5 repealed by No. 34/2005 s. 24(1)(c), new Sch. 1 item 5 inserted by No. 47/2016 s. 43(4).\n\n5 An offence against section 49A(1) of the **Crimes Act 1958** (facilitating sexual offences against children) inserted in the **Crimes Act 1958** on 13 June 1995 by section 93 of the **Sex Work Act 1994** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\nSch. 1 item 6 amended by Nos 34/2005 s. 24(1)(d), 47/2016 s. 43(5).\n\n6. An offence against a provision of the **Crimes Act 1958** amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in items 1 to 5.\n\nSch. 1 item 6A inserted by No. 34/2005 s. 21, re‑numbered as Sch. 1 item 6AA by No. 14/2006 s. 20, substituted by No. 47/2016 s. 43(6).\n\n6AA An offence against section 53E(1) of the **Crimes** **Act** **1958** (aggravated sexual servitude).\n\nSch. 1 item 6AB inserted by No. 47/2016 s. 43(6).\n\n6AB An offence against section 60AC(1) of the **Crimes Act 1958** (aggravated sexual servitude) inserted in the **Crimes Act 1958** on 19 May 2004 by section 3 ofthe **Justice Legislation (Sexual Offences and Bail) Act 2004** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\nSch. 1 item 6A inserted by No. 34/2005 s. 24(1)(e), amended by No. 42/2015 s. 28(1).\n\n6A. Without limiting item 6, an offence referred to in any of the following paragraphs of clause 1 of Schedule 1 to the **Sentencing Act 1991** where the person against whom the offence is committed is a child—\n\n(a) paragraph (ab);\n\n(b) paragraph (ac);\n\n(c) paragraph (b)(i) and (ii);\n\n(d) paragraph (c)(iii), (iv), (vi), (vii), (ix), (x), (xii), (xiii), (xvi), (xvii) and (xix);\n\n(e) paragraph (d)(i), (ii), (iii), (v), (vi), (viii), (ix), (xi), (xii) and (xiii);\n\nSch. 1 item 6A(ea) inserted by No. 47/2016 s. 43(7).\n\n(ea) paragraph (dab) to (dar) (other than (dab)(iii), (dae) and (dalc)) that involves sexual penetration;\n\n(f) paragraph (e)(i) and (ii).\n\nSch. 1 item 7 repealed by No. 82/2014 s. 26(1).\n\nSch. 1 item 8 repealed by No. 25/2017 s. 48.\n\nSch. 1 item 8A inserted by No. 82/2014 s. 26(2).\n\n8A. An offence against any of the following sections of the Criminal Code of the Commonwealth—\n\n(i) section 272.8(1) and (2) (sexual intercourse with child outside Australia);\n\n(ii) section 272.9(1) and (2) (sexual activity (other than sexual intercourse) with child outside Australia);\n\nSch. 1 item 8A(iii) amended by No. 3/2019 s. 50.\n\n(iii) section 272.10(1) (aggravated offence—sexual intercourse or other sexual activity with child outside Australia);\n\n(iv) section 272.11(1) (persistent sexual abuse of child outside Australia);\n\n(v) section 272.12(1) and (2) (sexual intercourse with young person outside Australia—defendant in position of trust or authority);\n\n(vi) section 272.13(1) and (2) (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority);\n\nSch. 1 item 8A(vii) amended by No. 44/2021 s. 33(1).\n\n(vii) section 272.14(1) (procuring child to engage in sexual activity outside Australia).\n\nSch. 1 item 8A(viii) repealed by No. 44/2021 s. 33(2).\n\n9. Any offence under a law of a foreign jurisdiction that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this Schedule.\n\n10. An offence under a law of a foreign jurisdiction that the regulations state is a Class 1 offence.\n\n11. An offence an element of which is an intention to commit an offence of a kind listed in this Schedule.\n\n12. An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule.\n\n13. An offence that, at the time it was committed—\n\n(i) was a Class 1 offence for the purposes of this Act; or\n\n","sortOrder":190},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Class 2 offences","content":"Schedule 2—Class 2 offences\n\nSection 7(3)\n\nSch. 2 item 1 amended by No. 74/2014 s. 33(2)(a).\n\n1. An offence against section 40(1) (sexual assault), or 41(1) (sexual assault by compelling sexual touching), of the **Crimes Act 1958** where the person against whom the offence is committed is a child.\n\nSch. 2 item 2 amended by No. 74/2014 s. 33(2)(b).\n\n2. An offence against section 42(1) (assault with intent to commit a sexual offence), or 43(1) (threat to commit a sexual offence), of the **Crimes Act 1958** where the person against whom the offence is committed is a child.\n\nSch. 2 item 3 substituted by No. 47/2016 s. 43(8).\n\n3 An offence against section 44(1) of the **Crimes Act 1958** (procuring sexual act by threat) if the person against whom the offence is committed is a child.\n\nSch. 2 item 3A inserted by No. 47/2016 s. 43(8).\n\n3A An offence against section 45(1) of the **Crimes Act 1958** (procuring sexual act by fraud) if the person against whom the offence is committed is a child.\n\nSch. 2 item 4 amended by No. 2/2006 s. 45(2)(a), substituted by No. 47/2016 s. 43(8).\n\n4 An offence against section 46(1) of the **Crimes Act 1958** (administration of an intoxicating substance for a sexual purpose) if the person against whom the offence is committed is a child.\n\nSch. 2 item 4A inserted by No. 7/2014 s. 5(1),  \nsubstituted by No. 47/2016 s. 43(8).\n\n4A An offence against section 47(1) of the **Crimes Act 1958** (abduction or detention for a sexual purpose) if the person against whom the offence is committed is a child.\n\nSch. 2 item 5 amended by No. 2/2006 s. 45(2)(b), substituted by No. 47/2016 s. 43(8).\n\n5 An offence against section 48(1) of the **Crimes** **Act 1958** (sexual activity directed at another person) if the person against whom the sexual activity is directed is a child.\n\nSch. 2 item 5A inserted by No. 47/2016 s. 43(8).\n\n5A An offence against section 49D(1) of the **Crimes Act 1958** (sexual assault of a child under the age of 16).\n\nSch. 2 item 6 amended by No. 2/2006 s. 45(2)(c), substituted by No. 47/2016 s. 43(8).\n\n6 An offence against section 49E(1) of the **Crimes Act 1958** (sexual assault of a child aged 16 or 17 under care, supervision or authority).\n\nSch. 2 item 6A inserted by No. 47/2016 s. 43(8).\n\n6A An offence against section 49F(1) of the **Crimes Act 1958** (sexual activity in the presence of a child under the age of 16).\n\nSch. 2 item 7 substituted by No. 47/2016 s. 43(8).\n\n7 An offence against section 49G(1) of the **Crimes Act 1958** (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority).\n\nSch. 2 item 7A inserted by No. 47/2016 s. 43(8).\n\n7A An offence against section 49H(1) of the **Crimes Act 1958** (causing a child under the age of 16 to be present during sexual activity).\n\nSch. 2 item 8 substituted by No. 47/2016 s. 43(8).\n\n8 An offence against section 49I(1) of the **Crimes Act 1958** (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity).\n\nSch. 2 item 8A inserted by No. 47/2016 s. 43(8).\n\n8A An offence against section 49K(1) of the **Crimes Act 1958** (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity).\n\nSch. 2 item 9 substituted by No. 47/2016 s. 43(8).\n\n9 An offence against section 49L(1) of the **Crimes Act 1958** (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity).\n\nSch. 2 item 9A inserted by No. 47/2016 s. 43(8).\n\n9A An offence against section 49M(1) of the **Crimes Act 1958** (grooming for sexual conduct with a child under the age of 16).\n\nSch. 2 item 10 substituted by No. 47/2016 s. 43(8).\n\n10 An offence against section 49N(1) of the **Crimes Act 1958** (loitering near schools etc. by sexual offender).\n\nSch. 2 item 10A inserted by No. 47/2016 s. 43(8).\n\n10A An offence against section 49P(1) of the **Crimes Act 1958** (abduction or detention of a child under the age of 16 for a sexual purpose).\n\nSch. 2 item 11 substituted by No. 47/2016 s. 43(8).\n\n11 An offence against section 49Q(1) of the **Crimes Act 1958** (causing or allowing a sexual performance involving a child).\n\nSch. 2 item 11A inserted by No. 47/2016 s. 43(8).\n\n11A An offence against section 49R(1) of the **Crimes Act 1958** (inviting or offering a sexual performance involving a child).\n\nSch. 2 item 12 amended by No. 2/2006 s. 45(2)(d), substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n12 An offence against section 51B(1) of the **Crimes Act 1958** (involving a child in the production of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 13 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n13 An offence against section 51C(1) of the **Crimes Act 1958** (producing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 13A inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n13A An offence against section 51D(1) of the **Crimes Act 1958** (distributing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 14 repealed by No. 2/2006 s. 45(2)(e), new Sch. 2 item 14 inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n14 An offence against section 51E(1) of the **Crimes Act 1958** (administering a website used to deal with child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 14A inserted by No. 34/2005 s. 22(1), substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n14A An offence against section 51F(1) of the **Crimes Act 1958** (encouraging use of a website to deal with child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 15 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n15 An offence against section 51G(1) of the **Crimes Act 1958** (possession of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 15A inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n15A An offence against section 51H(1) of the **Crimes Act 1958** (accessing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 16 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).\n\n16 An offence against section 51I(1) of the **Crimes Act 1958** (assisting a person to avoid apprehension) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\nSch. 2 item 16A inserted by No. 47/2016 s. 43(8), amended by No. 37/2022 s. 8(1).\n\n16A An offence against section 52C(1) of the **Crimes Act 1958** committed against a child (sexual assault of a person with a cognitive impairment or mental illness).\n\nSch. 2 item 17 substituted by No. 47/2016 s. 43(8).\n\n17 An offence against section 52D(1) of the **Crimes Act 1958** (sexual activity in the presence of a person with a cognitive impairment or mental illness) if the person in the presence of whom the sexual activity is engaged in is a child.\n\nSch. 2 item 17A inserted by No. 47/2016 s. 43(8).\n\n17A An offence against section 52E(1) of the **Crimes Act 1958** (causing a person with a cognitive impairment or mental illness to be present during sexual activity) if the person in the presence of whom the sexual activity is engaged in is a child.\n\nSch. 2 item 18 substituted by No. 47/2016 s. 43(8).\n\n18 An offence against section 53G(1) of the **Crimes Act 1958** (aggravated deceptive recruiting for commercial sexual services).\n\nSch. 2 item 18AAAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8).\n\nSch. 2 item 18AAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8).\n\nSch. 2 item 18AA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8), new Sch. 2 item 18AA inserted by No. 7/2022 s. 80(1).\n\n18AA An offence against section 53H(1) of the **Crimes Act 1958** (causing or inducing a child to take part in commercial sexual services).\n\nSch. 2 item 18AB inserted by No. 7/2022 s. 80(1).\n\n18AB An offence against section 53I(1) of the **Crimes Act 1958** (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child).\n\nSch. 2 item 18AC inserted by No. 7/2022 s. 80(1).\n\n18AC An offence against section 53J(1) of the **Crimes Act 1958** (agreement for provision of commercial sexual services by a child).\n\nSch. 2 item 18AD inserted by No. 7/2022 s. 80(1).\n\n18AD An offence against section 53K(1) of the **Crimes Act 1958** (allowing a child to take part in commercial sexual services).\n\nSch. 2 item 18A inserted by No. 34/2005 s. 22(2), substituted by No. 47/2016 s. 43(8).\n\n","sortOrder":191},{"sectionNumber":"18A","sectionType":"section","heading":"An offence against section 54A(1) of the **Crimes Act 1958** (bestiality).","content":"18A An offence against section 54A(1) of the **Crimes Act 1958** (bestiality).\n\nSch. 2 item 19 amended by Nos 74/2014 s. 33(2)(c), 52/2015 s. 47, 47/2016 s. 43(9).\n\n19. An offence against section 76 of the **Crimes Act 1958** (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the **Crimes Act 1958** on a child.\n\nSch. 2 item 20 amended by Nos 74/2014 s. 33(2)(c), 52/2015 s. 47, 47/2016 s. 43(9).\n\n20. An offence against section 77 of the **Crimes Act 1958** (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the **Crimes Act 1958** on a child.\n\nSch. 2 item 21 amended by Nos 63/2010 s. 81(Sch. item 12.1), 7/2022 s. 80(2).\n\n21. An offence against section 5(1) of the **Sex Work Act 1994** (causing or inducing a child to take part in sexwork) despite its repeal by the **Sex Work Decriminalisation Act 2022**.\n\nSch. 2 item 22 amended by Nos 63/2010 s. 81(Sch. item 12.2), 7/2022 s. 80(3).\n\n22. An offence against section 6(1) of the **Sex Work Act 1994** (obtaining payment for sexual services provided by a child) despite its repeal by the **Sex Work Decriminalisation Act 2022**.\n\nSch. 2 item 23 amended by Nos 63/2010 s. 81(Sch. item 12.2), 7/2022 s. 80(4).\n\n23. An offence against section 7(1) of the **Sex Work Act 1994** (agreement for provision of sexual services by a child) despite its repeal by the **Sex Work Decriminalisation Act 2022**.\n\nSch. 2 item 24 amended by Nos 63/2010 s. 81(Sch. item 12.3), 7/2022 s. 80(5).\n\n24. An offence against section 11(1) of the **Sex Work Act 1994** (allowing child to take part in sex work) despite its repeal by the **Sex Work Decriminalisation Act 2022**.\n\nSch. 2 item 25 repealed by No. 47/2016 s. 43(10).\n\n26. An offence against a provision of an Act amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in items 1 to 25.\n\nSch. 2 item 26A inserted by No. 34/2005 s. 24(2), amended by Nos 42/2015 s. 28(3)(a), 47/2016 s. 43(11).\n\n26A. Without limiting item 26, an offence referred to in paragraph (ab) to (dar) (other than (dab)(iii), (dae) and (dalc)) or (e) of clause 1 of Schedule 1 to the **Sentencing Act 1991** where the person against whom the offence is committed is a child other than an offence that is a Class 1 offence for the purposes of this Act by force of item 4, 5, 6AB or 6A of Schedule 1.\n\nSch. 2 item 27 repealed by No. 82/2014 s. 27(1).\n\nSch. 2 item 28 amended by No. 25/2017 s. 49(2).\n\n28. An offence against section 270.7 of the Criminal Code of the Commonwealth, where the person against whom the offence is committed is a child and in circumstances where the conduct causes the victim to be deceived about the matters set out in paragraph (c)(vi) of that section.\n\nSch. 2 item 28AA inserted by No. 57/2005 s. 51(5), repealed by No. 44/2021 s. 34(1).\n\nSch. 2 item 28AB inserted by No. 82/2014 s. 27(2), amended by No. 25/2017 s. 49(3), repealed by No. 44/2021 s. 34(1).\n\nSch. 2 item 28AC inserted by No. 21/2016 s. 19(1), amended by Nos 25/2017 s. 49(4), 3/2019 s. 51(1), repealed by No. 44/2021 s. 34(1).\n\nSch. 2 item 28A inserted by No. 34/2005 s. 22(3), amended by Nos 82/2014 s. 27(3), 21/2016 s. 19(2), 25/2017 s. 49(5), 3/2019 s. 51(2)(3), substituted by No. 44/2021 s. 34(1).[[1]](#endnote-1)\n\n28A. An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section.\n\nSch. 2 item 28B inserted by No. 44/2021 s. 34(1).\n\n28B. An offence against any of the following sections of the Criminal Code of the Commonwealth—\n\n(i) section 272.15(1) (\"grooming\" child to engage in sexual activity outside Australia);\n\n(ii) section 272.15A(1) (\"grooming\" person to make it easier to engage in sexual activity with a child outside Australia);\n\n(iii) section 272.18(1) (benefiting from offence against this Division of the Criminal Code of the Commonwealth);\n\n(iv) section 272.19(1) (encouraging offence against this Division of the Criminal Code of the Commonwealth);\n\n(v) section 272.20(1) and (2) (preparing for or planning offence against this Division of the Criminal Code of the Commonwealth);\n\n(vi) section 273.6(1) (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(vii) section 273.7(1) (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(viii) section 273A.1 (possession of child‑like sex dolls etc).\n\nSch. 2 item 28C inserted by No. 44/2021 s. 34(1).\n\n28C. An offence against any of the following sections of the Criminal Code of the Commonwealth—\n\n(i) section 471.22 (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(ii) section 471.24 (using a postal or similar service to procure persons under 16);\n\n(iii) section 471.25 (using a postal or similar service to \"groom\" persons under 16);\n\n(iv) section 471.25A(1), (2) or (3) (using a postal or similar service to \"groom\" another person to make it easier to procure persons under 16);\n\n(v) section 471.26 (using a postal or similar service to send indecent material to person under 16).\n\nSch. 2 item 28D inserted by No. 44/2021 s. 34(1).\n\n28D. An offence against any of the following sections of the Criminal Code of the Commonwealth—\n\n(i) section 474.22(1) (using a carriage service for child abuse material);\n\n(ii) section 474.22A(1) (possessing or controlling child abuse material obtained or accessed using a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(iii) section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(iv) section 474.23A(1) (conduct for the purposes of electronic service used for child abuse material);\n\n(v) section 474.24A (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(vi) section 474.25A (using a carriage service for sexual activity with person under 16 years of age);\n\n(vii) section 474.25B (aggravated offence—using a carriage service for sexual activity with person under 16 years of age);\n\nSch. 2 item 28D(viia) inserted by No. 6/2023 s. 3(Sch. 1 item 5).\n\n(viia) section 474.25C (using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16) except if the offence does not involve an act in preparing or planning to engage in sexual activity with a person under 16 years of age or an act in preparing or planning to procure a person under 16 years of age to engage in sexual activity;\n\n(viii) section 474.26 (using a carriage service to procure persons under 16 years of age);\n\n(ix) section 474.27 (using a carriage service to \"groom\" persons under 16 years of age);\n\n(x) section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age);\n\n(xi) section 474.27AA(1), (2) or (3) (using a carriage service to \"groom\" another person to make it easier to procure persons under 16 years of age).\n\nSch. 2 item 29 amended by Nos 25/2017 s. 49(6), 44/2021 s. 34(2).\n\n29. An offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child abuse material except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.\n\n30. Any offence under a law of a foreign jurisdiction that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this Schedule.\n\n31. An offence under a law of a foreign jurisdiction that the regulations state is a Class 2 offence.\n\n32. An offence an element of which is an intention to commit an offence of a kind listed in this Schedule.\n\n33. An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule.\n\n34. An offence that, at the time it was committed—\n\n(i) was a Class 2 offence for the purposes of this Act; or\n\n","sortOrder":192},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Class 3 offences","content":"Schedule 3—Class 3 offences\n\nSection 8(1)\n\nSch. 3 item 1 amended by Nos 34/2005 s. 24(3)(a), 2/2006 s, 45(3)(a), substituted by Nos 74/2014 s. 33(3), 47/2016 s. 43(12).\n\n1 An offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the **Crimes Act 1958** that involves sexual penetration.\n\nSch. 3 item 1A inserted by No. 2/2006 s. 45(3)(b) (as amended by No. 27/2006 s. 19), substituted by No. 74/2014 s. 33(3), repealed by No. 47/2016 s. 43(12).\n\n2. An offence against a provision of the **Crimes Act 1958** amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in item 1.\n\nSch. 3 item 2A inserted by No. 34/2005 s. 24(3)(b), amended by No. 42/2015 s. 28(3)(b).\n\n2A. Without limiting item 2, an offence referred to in any of the following paragraphs of clause 1 of Schedule 1 to the **Sentencing Act 1991**—\n\n(a) paragraph (b)(i) and (ii);\n\n(b) paragraph (c)(iii), (iv), (vi), (vii), (xvi), (xvii) and (xix);\n\n(c) paragraph (d)(i), (ii), (iii), (xi), (xii) and (xiii);\n\nSch. 3 item 2A(ca) inserted by No. 47/2016 s. 43(13).\n\n(ca) paragraphs (dab)(i), (ia) and (ib), (dag) and (dah);\n\n(d) paragraph (e)(i) and (ii).\n\n3. Any offence under a law of a foreign jurisdiction that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this Schedule.\n\n4. An offence under a law of a foreign jurisdiction that the regulations state is a Class 3 offence.\n\n5. An offence an element of which is an intention to commit an offence of a kind listed in this Schedule.\n\n6. An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule.\n\n7. An offence that, at the time it was committed—\n\n(i) was a Class 3 offence for the purposes of this Act; or\n\n","sortOrder":193},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Class 4 offences","content":"Schedule 4—Class 4 offences\n\nSection 8(2)\n\nSch. 4 item 1 amended by No. 74/2014 s. 33(4)(a).\n\n1. An offence against section 40(1) (sexual assault), or 41(1) (sexual assault by compelling sexual touching), of the **Crimes Act 1958**.\n\nSch. 4 item 2 amended by No. 74/2014 s. 33(4)(b).\n\n2. An offence against section 42(1) (assault with intent to commit a sexual offence), or 43(1) (threat to commit a sexual offence), of the **Crimes Act 1958**.\n\nSch. 4 item 3 amended by No. 2/2006 s. 45(4)(a), substituted by No. 47/2016 s. 43(14).\n\n3 An offence against section 44(1) of the **Crimes Act 1958** (procuring sexual act by threat).\n\nSch. 4 item 3A inserted by No. 47/2016 s. 43(14).\n\n","sortOrder":194},{"sectionNumber":"3A","sectionType":"section","heading":"An offence against section 45(1) of the **Crimes Act 1958** (procuring sexual act by fraud).","content":"3A An offence against section 45(1) of the **Crimes Act 1958** (procuring sexual act by fraud).\n\nSch. 4 item 4 amended by No. 2/2006 s. 45(4)(b), substituted by No. 47/2016 s. 43(14).\n\n4 An offence against section 46(1) of the **Crimes Act 1958** (administration of an intoxicating substance for a sexual purpose).\n\nSch. 4 item 4A inserted by No. 47/2016 s. 43(14).\n\n4A An offence against section 47(1) of the **Crimes Act 1958** (abduction or detention for a sexual purpose).\n\nSch. 4 item 5 substituted by No. 47/2016 s. 43(14).\n\n5 An offence against section 52C(1) of the **Crimes Act 1958** (sexual assault of a person with a cognitive impairment or mental illness).\n\nSch. 4 item 5A inserted by No. 47/2016 s. 43(14).\n\n5A An offence against section 52D(1) of the **Crimes Act 1958** (sexual activity in the presence of a person with a cognitive impairment or mental illness).\n\nSch. 4 item 6 substituted by No. 47/2016 s. 43(14).\n\n6 An offence against section 52E(1) of the **Crimes Act 1958** (causing a person with a cognitive impairment or mental illness to be present during sexual activity).\n\nSch. 4 item 6A inserted by No. 47/2016 s. 43(14).\n\n6A An offence against section 53B(1) of the **Crimes Act 1958** (using force, threat etc. to cause another person to provide commercial sexual services).\n\nSch. 4 item 7 substituted by No. 47/2016 s. 43(14).\n\n7 An offence against section 53C(1) of the **Crimes Act 1958** (causing another person to provide commercial sexual services in circumstances involving sexual servitude).\n\nSch. 4 item 7A inserted by No. 34/2005 s. 23, substituted by No. 47/2016 s. 43(14).\n\n7A An offence against section 53D(1) of the **Crimes Act 1958** (conducting a business in circumstances involving sexual servitude).\n\nSch. 4 item 7B inserted by No. 34/2005 s. 23, substituted by No. 47/2016 s. 43(14).\n\n","sortOrder":195},{"sectionNumber":"7B","sectionType":"section","heading":"An offence against section 53F(1) of the **Crimes Act 1958** (deceptive recruiting for commercial sexual services).","content":"7B An offence against section 53F(1) of the **Crimes Act 1958** (deceptive recruiting for commercial sexual services).\n\nSch. 4 item 8 amended by Nos 74/2014 s. 33(4)(c), 52/2015 s. 48, 47/2016 s. 43(15).\n\n8. An offence against section 76 of the **Crimes Act 1958** (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the **Crimes Act 1958**.\n\nSch. 4 item 9 amended by Nos 74/2014 s. 33(4)(c), 52/2015 s. 48, 47/2016 s. 43(15).\n\n9. An offence against section 77 of the **Crimes Act 1958** (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the **Crimes Act 1958**.\n\n10. An offence against a provision of the **Crimes Act 1958** amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in items 1 to 9.\n\nSch. 4 item 10A inserted by No. 34/2005 s. 24(4), amended by Nos 42/2015 s. 28(3)(c), 47/2016 s. 43(16)(a).\n\n10A. Without limiting item 10, an offence referred to in paragraph (ab) to (dar) or (e) of clause 1 of Schedule 1 to the **Sentencing Act 1991** other than an offence that is for the purposes of this Act—\n\nSch. 4 item 10A(a) amended by No. 47/2016 s. 43(16)(b).\n\n(a) a Class 1 offence by force of item 4, 5, 6AB or 6A of Schedule 1; or\n\n(b) a Class 2 offence by force of item 26A of Schedule 2; or\n\n(c) a Class 3 offence by force of item 2A of Schedule 3.\n\n11. Any offence under a law of a foreign jurisdiction that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this Schedule.\n\n12. An offence under a law of a foreign jurisdiction that the regulations state is a Class 4 offence.\n\n13. An offence an element of which is an intention to commit an offence of a kind listed in this Schedule.\n\n14. An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule.\n\n15. An offence that, at the time it was committed—\n\n(i) was a Class 4 offence for the purposes of this Act; or\n\nSch. 5 inserted by No. 25/2017 s. 11.\n\n","sortOrder":196},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Specified offences","content":"Schedule 5—Specified offences\n\nSection 3(1)\n\n1. An offence against any of the following provisions of the **Crimes Act 1958**—\n\n(a) section 49B(1) (sexual penetration involving a child under the age of 16);\n\n(b) section 49D(1) (sexual assault of a child under the age of 16);\n\n(c) section 49F(1) (sexual activity in the presence of a child under the age of 16);\n\n(d) section 49H(1) (causing a child under the age of 16 to be present during sexual activity);\n\n(e) section 49K(1) (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity);\n\n(f) section 51B(1) (involving a child in the production of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(g) section 51C(1) (producing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(h) section 51D(1) (distributing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(i) section 51G(1) (possession of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(j) section 51H(1) (accessing child abuse material).\n\n2. An offence against any of the following provisions of the **Crimes Act 1958**, as in force before the commencement of section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**—\n\n(a) section 45(1) (sexual penetration involving a child under the age of 16 years);\n\n(b) section 47(1) (indecent act with child under the age of 16).\n\nSch. 5 items 3, 4 repealed by No. 44/2021 s. 35(1).\n\nSch. 5 item 5 substituted by No. 44/2021 s. 35(2).\n\n5. An offence against any of the following provisions of the Criminal Code of the Commonwealth—\n\n(a) section 272.8(1) (sexual intercourse with child outside Australia);\n\n(b) section 272.9(1) (sexual activity (other than sexual intercourse) with child outside Australia);\n\n(c) section 471.26(1) (using a postal or similar service to send indecent material to person under 16);\n\n(d) section 474.22(1) (using a carriage service for child abuse material) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(e) section 474.22A(1) (possessing or controlling child abuse material obtained or accessed using a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(f) section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;\n\n(g) section 474.25A(1) (using a carriage service for sexual activity with a person under 16 years of age);\n\n(h) section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age).\n\n6. Any offence under a law of a foreign jurisdiction that, if it had been committed in Victoria, would have constituted an offence of a kind referred to in this Schedule.\n\n7. An offence an element of which is an intention to commit an offence of a kind referred to in this Schedule.\n\n8. An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in this Schedule.\n\n9. An offence that, at the time it was committed, was referred to in this Schedule.\n\n10. An offence committed before the commencement of section 11 of the **Sex Offenders Registration Amendment (Miscellaneous) Act 2017** that was an offence of a kind referred to in this Schedule.\n\nSch. 6 inserted by No. 28/2025 s. 29.\n\nSchedule 6—Transitional provisions—Corrections Legislation Amendment Act 2025\n\n\t1 Interpretation\n\nIn this Schedule—\n\n***commencement day*** means the day on which Part 3 of the **Corrections Legislation Amendment Act 2025** comes into operation;\n\n***reporting obligations*** includes reporting obligations imposed on the offender by this Schedule;\n\n***reporting period*** includes the period, determined under this Schedule, during which a registrable offender must comply with their reporting obligations.\n\n\t2 Reporting period for existing serious sex offender\n\n(1) A registrable offender—\n\n(a) who, on the commencement day, is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and\n\n(b) who, on the commencement day, is subject to a supervision order or detention order; and\n\n(c) whose reporting period will end after the commencement day—\n\nmust comply with the reporting obligations in Part 3 for the period specified in subclause (2) or (3).\n\n(2) In the case of a registrable offender who is not subject to a sex offender registration order—\n\n(a) for the remainder of the reporting period specified in section 34 or 35 that applies to the offender; or\n\n(b) for the period ending 5 years after the supervision order or detention order expires—\n\nSee also sections 21 and 70 of the **Serious Offenders Act 2018** for when a supervision order or detention order expires.\n\n(3) In the case of a registrable offender who is subject to a sex offender registration order—\n\n(a) for the remainder of the reporting period specified in the order; or\n\n(b) if the reporting period specified in the order will end after the expiry of the supervision order or detention order but before the fifth anniversary of the expiry of the supervision order or detention order, for—\n\n(i) the remainder of that reporting period; and\n\n(ii) the period—\n\n(A) beginning immediately after that reporting period ends; and\n\n(B) ending on the fifth anniversary of the expiry of the supervision order or detention order; or\n\n(c) if the reporting period specified in the sex offender registration order will end before the expiry of the supervision order or detention order, for the period ending 5 years after the expiry of the supervision order or detention order—\n\nSee also sections 21 and 70 of the **Serious Offenders Act 2018** for when a supervision order or detention order expires.\n\n(4) A registrable offender—\n\n(a) who, on the commencement day, is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and\n\n(b) who, on the commencement day, is subject to a supervision order or detention order; and\n\n(c) whose reporting period ended before the commencement day—\n\nmust comply with the reporting obligations in Part 3 for the period beginning on the commencement day and ending 5 years after the expiry of the supervision order or detention order.\n\nSee also sections 21 and 70 of the **Serious Offenders Act 2018** for when a supervision order or detention order expires.\n\n(5) If a supervision order or detention order expires on the commencement of another supervision order or detention order replacing it, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of the supervision order or detention order that replaced it.\n\n(6) If a supervision order or detention order expires and another supervision order or detention order is later made in respect of the offender, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of the later supervision order or detention order.\n\nIf a supervision order or detention order expires without another supervision order or detention order replacing it or without another supervision order or detention order being later made in respect of the offender, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of that supervision order or detention order.\n\n\t3 When new initial report must be made by offender whose previous reporting obligations have ceased\n\nFor the purposes of section 13, a registrable offender to whom clause 2(4) applies must report their personal details to the Chief Commissioner of Police within 7 days after the registrable offender receives written notice of the change to the registrable offender's reporting period.\n\nSee also clause 5.\n\n\t4 Registrable offender must report annually\n\nFor the purposes of section 16, a registrable offender to whom clause 2(4) applies must make the report by the end of the calendar month in which the anniversary of the commencement day falls.\n\n\t5 When reporting obligations begin\n\nFor the purposes of section 33, the reporting obligations of a registrable offender to whom clause 2(4) applies begin on—\n\n(a) the commencement day; or\n\n(b) the day on which the registrable offender ceases to be in government custody—\n\nwhichever occurs later.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 3 June 2004*\n\nThe long title for the Bill for this Act was \"to require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time and thereby reduce the likelihood that they will re‑offend and facilitate the investigation and prosecution of any future offences that they may commit, to prevent registered sex offenders working in child-related employment, to amend the **Ombudsman Act 1973** and for other purposes.\"\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 3 June 2004*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 25 August 2004*\n\nThe **Sex Offenders Registration Act 2004** was assented to on 21 September 2004 and came into operation on 1 October 2004: section 2.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Sex Offenders Registration Act 2004** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Sex Offenders Registration Act 2004, No. 56/2004**\n\n| Assent Date: | 21.9.04 |\n| Commencement Date: | S. 73L(9) inserted on 7.9.22 by No. 37/2022 s. 7: s. 2(1) |\n| Notes: | S. 73L(9) repealed s. 73L on 7.9.25 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Major Crime (Investigative Powers) Act 2004, No. 79/2004** (as amended by No. 97/2004)\n\n| Assent Date: | 16.11.04 |\n| Commencement Date: | Ss 100–103 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 99) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sex Offenders Registration (Amendment) Act 2005, No. 34/2005**\n\n| Assent Date: | 21.6.05 |\n| Commencement Date: | S. 24(1)(2) on 1.10.04: s. 2(2); s. 24(3)(4) on 22.6.05: s. 2(1); ss 4–16, 18–23, 25 on 1.8.05: Government Gazette 28.7.05 p. 1642; s. 17 on 1.10.05: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Working with Children Act 2005, No. 57/2005**\n\n| Assent Date: | 13.9.05 |\n| Commencement Date: | S. 51 on 3.4.06: Government Gazette 30.3.06 p. 615 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005**\n\n| Assent Date: | 11.10.05 |\n| Commencement Date: | S. 30 on 1.10.06: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Crimes (Sexual Offences) Act 2006, No. 2/2006** (as amended by No. 27/2006)\n\n| Assent Date: | 7.3.06 |\n| Commencement Date: | S. 45 on 1.12.06: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006**\n\n| Assent Date: | 11.4.06 |\n| Commencement Date: | S. 20 on 1.8.05: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Education and Training Reform Act 2006, No. 24/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 6.1.2(Sch. 7 item 36) on 1.7.07: Government Gazette 28.6.07 p. 1304 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 42(Sch. item 33) on 23.4.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation (Further Amendment) Act 2006, No. 79/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | Ss 53–55 on 1.10.04: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 3(Sch. item 61.1) on 1.12.06: s. 2(2)(c); s. 3(Sch. item 61.2) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice and Road Legislation Amendment (Law Enforcement) Act 2007, No. 52/2007**\n\n| Assent Date: | 17.10.07 |\n| Commencement Date: | Ss 13, 16–19, 21 on 28.2.08: Government Gazette 31.1.08 p. 196; ss 14, 15, 20 on 1.6.08: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008**\n\n| Assent Date: | 13.5.08 |\n| Commencement Date: | Ss 18, 19 on 1.7.08: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Police Integrity Act 2008, No. 34/2008**\n\n| Assent Date: | 1.7.08 |\n| Commencement Date: | S. 143(Sch. 2 item 10) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation Further Amendment Act 2009, No. 55/2009**\n\n| Assent Date: | 22.9.09 |\n| Commencement Date: | Ss 34–48 on 31.5.10: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 112) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | S. 219(Sch. 3 item 3) on 1.1.10: Government Gazette 24.12.09 p. 3397 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Equal Opportunity Act 2010, No. 16/2010** (as amended by No. 26/2011)\n\n| Assent Date: | 27.4.10 |\n| Commencement Date: | S. 209(Sch. item 8) on 1.8.11: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010**\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | S. 81(Sch. item 12) on 1.11.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011**\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | S. 107(Sch. item 12) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Children's Services Amendment Act 2011, No. 80/2011**\n\n| Assent Date: | 21.12.11 |\n| Commencement Date: | S. 79(Sch. item 6) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012**\n\n| Assent Date: | 29.5.12 |\n| Commencement Date: | S. 78 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| Commencement Date: | S. 3(Sch. item 48) on 28.6.12: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | Ss 129–137 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013**\n\n| Assent Date: | 4.6.13 |\n| Commencement Date: | S. 60 on 27.7.13: Special Gazette (No. 226) 25.6.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013**\n\n| Assent Date: | 17.12.13 |\n| Commencement Date: | S. 22 on 1.1.14: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Crimes Amendment (Grooming) Act 2014, No. 7/2014**\n\n| Assent Date: | 25.2.14 |\n| Commencement Date: | S. 5(1) on 9.4.14: Special Gazette (No. 112) 8.4.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 90) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Mental Health Act 2014, No. 26/2014**\n\n| *Assent Date:* | 8.4.14 |\n| *Commencement Date:* | S. 455(Sch. item 27) on 1.7.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 154) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | S. 152 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| *Assent Date:* | 2.9.14 |\n| *Commencement Date:* | S. 140(Sch. 3 item 43) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014** (as amended by No. 20/2015)\n\n| *Assent Date:* | 21.10.14 |\n| *Commencement Date:* | S. 33 on 1.7.15: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sex Offenders Registration Amendment Act 2014, No. 82/2014**\n\n| *Assent Date:* | 21.10.14 |\n| *Commencement Date:* | Ss 13–16, 20 on 22.10.14: s. 2(1); ss 3–12, 17–19,    21–27 on 1.6.15: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation Amendment Act 2015, No. 20/2015**\n\n| *Assent Date:* | 16.6.15 |\n| *Commencement Date:* | Ss 13–15 on 17.6.15: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015**\n\n| Assent Date: | 22.9.15 |\n| Commencement Date: | S. 28 on 1.12.15: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act, No. 52/2015**\n\n| *Assent Date:* | 13.10.15 |\n| *Commencement Date:* | Ss 47, 48 on 14.10.15: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sex Offenders Registration Amendment Act 2016, No. 21/2016**\n\n| Assent Date: | 26.4.16 |\n| Commencement Date: | Ss 4–19 on 1.2.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016, No. 32/2016**\n\n| Assent Date: | 31.5.16 |\n| Commencement Date: | Ss 43, 44 on 1.6.16: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016**\n\n| Assent Date: | 6.9.16 |\n| Commencement Date: | S. 43 on 1.7.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Police and Justice Legislation Amendment (Miscellaneous) Act 2016, No. 54/2016**\n\n| *Assent Date:* | 18.10.16 |\n| *Commencement Date:* | Ss 38, 39 on 19.10.16: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017**\n\n| Assent Date: | 20.6.17 |\n| Commencement Date: | S. 49 on 23.9.17: Special Gazette (No. 314) 19.9.17 p. 1; ss 4–19, 21–48 on 1.3.18: s. 2(4); s. 20 on 1.3.21: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Serious Offenders Act 2018, No. 27/2018**\n\n| *Assent Date:* | 26.6.18 |\n| *Commencement Date:* | Ss 351(Sch. 4 cl. 22), 365 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019**\n\n| Assent Date: | 13.3.19 |\n| Commencement Date: | Ss 47–49 on 14.3.19: s. 2(1); ss 50, 51 on 16.9.20: Special Gazette (No. 465) 15.9.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 48) on 1.3.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019**\n\n| Assent Date: | 3.9.19 |\n| Commencement Date: | Ss 35–37 on 1.5.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | S. 241 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020**\n\n| Assent Date: | 8.12.20 |\n| Commencement Date: | S. 40 on 26.4.21: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Firearms and Other Acts Amendment Act 2021, No. 44/2021**\n\n| Assent Date: | 26.10.21 |\n| Commencement Date: | Ss 25–35 on 30.8.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Sex Work Decriminalisation Act 2022, No. 7/2022**\n\n| Assent Date: | 1.3.22 |\n| Commencement Date: | S. 80 on 1.12.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022**\n\n| Assent Date: | 23.8.22 |\n| Commencement Date: | S. 65 on 24.5.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2022, No. 37/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | Ss 3, 7–9 on 7.9.22: s. 2(1); ss 4–6 on 21.6.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | S. 870 on 1.9.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Statute Law Amendment Act 2023, No. 6/2023**\n\n| Assent Date: | 9.5.23 |\n| Commencement Date: | S. 3(Sch. 1 item 5) on 10.5.23: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Corrections Legislation Amendment Act 2025, No. 28/2025**\n\n| Assent Date: | 19.8.25 |\n| Commencement Date: | Ss 23–29 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2025, No. 55/2025**\n\n| Assent Date: | 9.12.25 |\n| Commencement Date: | Ss 62–75 on 10.12.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n**Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025**\n\n| Assent Date: | 16.12.25 |\n| Commencement Date: | S. 125(Sch. 2 item 5) on 9.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Sex Offenders Registration Act 2004** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Sch. 2 item 28A: The amendment proposed by section 8(2) (*repealed*) of the **Justice Legislation Amendment (Police and Other Matters) Act 2022**, No. 37/2022 is not included in this publication as there is no item 28A(ivc) in Schedule 2.\n\n  Section 8(2) (*repealed*) read as follows:\n\n  8 Schedule 2—Class 2 offences\n\n  (2) After item 28A(ivc) of Schedule 2 to the **Sex Offenders Registration Act 2004 insert**—\n\n  \"(ivd) section 474.25C (using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16) except if the offence does not involve an act in preparing or planning to engage in sexual activity with a person under 16 years of age or an act in preparing or planning to procure a person under 16 years of age to engage in sexual activity;\". [↑](#endnote-ref-1)","sortOrder":197}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":894},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2004 purpose. Major additions include: prohibition orders (2016) creating a civil supervision regime; registration exemption orders (2017) for young adult offenders; victim notification scheme (2025); gender acknowledgment approval requirements (2019); extended reporting for serious sex offenders under supervision/detention orders (2025); and IBAC monitoring (2012). The original scheme was primarily a registration and reporting system; it now includes extensive preventive orders, victim engagement mechanisms, and integration with the Serious Offenders Act 2018."},"complexity_factors":["78 defined terms in section 3, many cross-referencing other Acts","4 offence classes (1, 2, 3, 4) with different reporting periods and eligibility for exemption orders","Nested exceptions: registration exemption orders (Division 2 of Part 2), suspension orders (Division 6 of Part 3), and Chief Commissioner suspensions (section 45A)","Extensive cross-referencing with other Victorian legislation: Crimes Act 1958, Sentencing Act 1991, Children Youth and Families Act 2005, Serious Offenders Act 2018, Mental Health and Wellbeing Act 2022, etc.","Multiple overlapping reporting triggers: initial reporting, annual reporting, change reporting, travel reporting, with different timeframes (7 days, 1 day, immediate)","Prohibition orders regime (Part 4A) with 10 divisions including interim orders, final orders, monitoring conditions, search powers, variation/extension/revocation procedures","Corresponding offender provisions creating reciprocal obligations with other jurisdictions","Detailed transitional provisions across 22 amending Acts with complex commencement rules","Electronic reporting provisions triggered by pandemic/emergency declarations","Victim notification scheme (Part 5D) with complex confidentiality and publication offences"],"plain_english_summary":"This Victorian law creates a **Sex Offender Register** and requires people convicted of serious sexual offences to report their personal details to police for extended periods. Here's what it does:\n\n**Who it covers**\n- **Registrable offenders**: Adults convicted of Class 1 offences (most serious, like sexual penetration of a child) or Class 2 offences (serious but less so, like sexual assault of a child). Courts can also order reporting for other sexual offences if the person poses a risk.\n- **Juvenile offenders**: Reduced reporting periods apply if all offences were committed as a child.\n- **Corresponding offenders**: People from other states/territories or overseas who must report under similar laws elsewhere.\n\n**What they must report**\n- Names, addresses, employment, vehicle details, internet usernames, passport information, and any contact with children.\n- Annual reports and immediate notification of any changes.\n- Travel plans when leaving Victoria or Australia.\n\n**How long reporting lasts**\n- **8 years** for single Class 2 offence\n- **15 years** for single Class 1 offence or two Class 2 offences\n- **Life** for multiple serious offences or repeat offenders\n- Juveniles get half these periods.\n\n**Additional restrictions**\n- **Child-related employment ban**: Registrable offenders cannot work in jobs involving contact with children (schools, childcare, sports clubs, etc.).\n- **Prohibition orders**: Courts can impose extra conditions like banning contact with certain people, excluding offenders from premises, drug/alcohol testing, and monitoring conditions allowing police entry and search.\n- **Name changes**: Require police approval.\n- **Gender acknowledgment applications**: Require police approval.\n\n**Enforcement and monitoring**\n- IBAC (Independent Broad-based Anti-corruption Commission) monitors compliance.\n- Failing to report or providing false information carries penalties up to 5 years imprisonment.\n- Police can publish information about non-compliant offenders to help locate them.\n- Information can be disclosed to victims and affected persons about relevant applications and decisions.\n\n**Key protections**\n- Strict limits on who can access the Register.\n- Offences for unauthorised disclosure of information.\n- Special procedures for protected witnesses and children.\n- Rights to apply for suspension of reporting obligations after 15 years (for life-long reporters) or through court/Commissioner applications."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 2004 Act focused on establishing a register and imposing basic reporting and child-employment bans. Since then, amendments have substantially expanded its reach: adding IBAC monitoring (2012), creating prohibition orders with extensive search/seizure powers and monitoring conditions (2016), introducing name-change and acknowledgement-of-sex approval requirements (2007/2019), allowing registration exemption orders for some young offenders (2017), providing for public publication of missing offenders (2016), and enabling broader disclosure of information to victims and affected persons (2025). The Act now governs not just registration and reporting but also proactive behavioural restrictions, identity changes, and victim notification—far beyond its original 'notification and monitoring' purpose."},"complexity_factors":["Extremely long (over 240 pages) with 75 sections and 6 schedules.","Heavily amended (23+ amending Acts over 20+ years), creating many transitional provisions and cross-references to earlier versions.","Over 70 defined terms in section 3 alone, many with nested sub-definitions.","Multiple offence classifications (Class 1–4, specified offences) with detailed schedules listing specific crimes from multiple Acts (Crimes Act, Commonwealth Criminal Code, etc.).","Nested exceptions and conditions in reporting obligations (e.g., different timeframes for reporting changes, exemptions for certain offenders, modified procedures for protected witnesses).","Cross-references to other Acts (e.g., Crimes Act 1958, Sentencing Act 1991, Serious Offenders Act 2018, Corrections Act 1986).","Complex reporting period calculations (length depends on number and type of offences, age of offender, whether new offences occur).","Prohibition orders (Part 4A) with multiple subparts—interim, final, variation, extension, monitoring conditions, search/seizure powers, registration of interstate orders.","Separate regimes for suspension of reporting obligations (court-ordered and police-ordered), each with different criteria and procedures.","Multiple parts added after original enactment (Parts 4A, 5A, 5B, 5C, 5D) extending scope significantly.","Detailed transitional provisions for each amendment (sections 73A–73K, Schedule 6).","Many provisions allow Ministerial regulations to prescribe details, adding another layer of complexity."],"plain_english_summary":"This Victorian law requires people convicted of certain sexual offences (called 'registrable offenders') to keep the police informed of their personal details, whereabouts, and travel plans for a set period—ranging from 8 years to life. Offenders must report in person to a police station when they first become subject to the law, then annually, and whenever their details change (e.g., address, employment, vehicles, tattoos). They must also report intended absences from Victoria. Failure to comply is a criminal offence punishable by up to 5 years' imprisonment. The law also:\n- Bans registrable offenders from working in child-related employment (e.g., schools, childcare, coaching).\n- Creates a Sex Offender Register (a database accessible only to authorised people) that includes the offender's reported information.\n- Allows courts to issue 'prohibition orders' that can restrict an offender's movements, associations, and activities for up to 5 years (2 years for children) if they pose a risk.\n- Requires police approval for registered offenders to change their name or legal sex.\n- Lets the police publish information about offenders who fail to report and cannot be located.\n- Establishes oversight by IBAC (the anti-corruption watchdog) to monitor compliance.\n\nThe law applies to adults and children, with shorter reporting periods for juvenile offenders (half the adult period). It also recognises equivalent laws in other Australian states and overseas, so offenders moving to Victoria may have to register here too."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Sex offender registration schemes of this type were originally conceived narrowly as administrative tracking tools for the most serious offenders. Over time, through successive amendments, they have typically expanded in scope — broadening the categories of offences that trigger registration, extending registration periods, increasing reporting obligations, and adding interstate and international travel reporting requirements. Without access to the full amendment history it is difficult to be definitive, but this pattern is consistent across Australian jurisdictions that adopted similar legislation."},"complexity_factors":["Multiple tiers of registration obligations depending on offence category and offender classification","Interaction with criminal law, privacy law, and police powers across multiple jurisdictions (interstate and international reporting requirements)","Ongoing compliance obligations that vary in duration (8 years, 15 years, or lifetime registration)","Provisions dealing with children who are themselves registerable offenders — a legally sensitive area","Appeals and review mechanisms for challenging registration status","Cross-jurisdictional recognition of registration orders from other Australian states and territories","Penalties for non-compliance add a criminal law dimension to what is nominally an administrative scheme","The legislation has been amended multiple times since 2004, creating layered version complexity"],"plain_english_summary":"## Sex Offenders Registration Act 2004 (Victoria)\n\n**What is this law?**\nThis is a Victorian law that establishes a **sex offender register** — a database that tracks people who have been convicted of sexual offences.\n\n**Who does it affect?**\n- **People convicted of sexual offences** (particularly against children) — they are required to report personal details (like their name, address, and employment) to police and keep that information updated\n- **Police and law enforcement** — who manage the register and use it to monitor offenders in the community\n- **The general public** — who benefit (indirectly) from increased monitoring of convicted sex offenders\n\n**What does it require?**\nRegistered offenders must:\n- Provide and regularly update personal information to police\n- Report changes in circumstances (e.g., moving house, changing jobs)\n- Report before travelling interstate or overseas\n- Comply for a set period — which can range from 8 years to life, depending on the seriousness of their offence\n\n**Why does it matter?**\nThe law is designed to help police keep track of convicted sex offenders living in the community, with the goal of preventing reoffending and protecting potential victims — especially children.\n\n**⚠️ Note:** This analysis is based on limited legislative text provided. The full Act contains significantly more detail about obligations, penalties, and processes."}},"importantCases":[],"_links":{"self":"/api/acts/sex-offenders-registration-act-2004","history":"/api/acts/sex-offenders-registration-act-2004/history","analysis":"/api/acts/sex-offenders-registration-act-2004/analysis","conflicts":"/api/acts/sex-offenders-registration-act-2004/conflicts","importantCases":"/api/acts/sex-offenders-registration-act-2004/important-cases","documents":"/api/acts/sex-offenders-registration-act-2004/documents"}}