49NLoitering near schools etc. by sexual offender

49N Loitering near schools etc. by sexual offender

(a) A has been found guilty of a relevant offence; and

(b) A loiters at or near a place; and

(c) the place is—

(i) a school, a children's service centre or an education and care service premises; or

(ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering; and

(d) A knows that the place is—

(i) a school, a children's service centre or an education and care service premises; or

(ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering.

children's services centre means a place at which a children's service within the meaning of the Children's Services Act 1996 operates;

education and care service premises means a place at which an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children;

S. 49N(3) def. of relevant offence amended by No. 7/2022 s. 40(a).

relevant offence means—

(a) a sexual offence; or

(b) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or

(c) an offence against—

(i) section 5, 6, 7 or 11 of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022; or

(ii) section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986; or

(iii) section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991; or

(iv) section 19 of the Summary Offences Act 1966; or

(v) any of the following provisions as in force at any time before its repeal—

(A) section 60A of the Classification of Films and Publications Act 1990;

(B) section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995;