4Meaning of *sexual offence*

4 Meaning of *sexual offence*

(1) In this Act, sexual offence means any of the following offences (other than an offence excluded by subsection (2))—

(a) an offence against—

S. 4(1)(a)(i) amended by No. 7/2022 s. 67(1)(a).

(i) a provision of Subdivision (8A), (8B), (8C), (8D), (8E), (8F), (8FAA) (except section 53N) or (8FA) of Division 1 of Part I of the Crimes Act 1958; or

(ii) section 327(2) (failure to disclose a sexual offence committed against a child under the age of 16 years) of the Crimes Act 1958; or

S. 4(1)(a)(iii) amended by No. 7/2022 s. 67(1)(b).

(iii) section 5(1), 6(1), 7(1), 8(1), 9(1) or 11(1) of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022;

S. 4(1)(ab) inserted by No. 38/2022 s. 24.

(ab) an intimate image offence;

(b) an offence an element of which involves—

(i) any person engaging in sexual activity; or

(ii) any person taking part in a sexual act; or

(iii) commercial sexual services; or

(iv) a sexual performance involving a child;

(c) an offence an element of which involves—

(i) an intention that any of the conduct referred to in paragraph (b) is to occur; or

(ii) soliciting, procuring, enabling or threatening any of the conduct referred to in paragraph (b); or

(iii) inducing or knowingly allowing a child to enter or remain on premises so that any of the conduct referred to in paragraph (b) may occur;

(d) an offence an element of which involves child abuse material;

(e) an offence an element of which involves indecency;

(f) an offence of attempting to commit, or of incitement or conspiracy to commit, an offence referred to in paragraph (a), (b), (c), (d) or (e);

(g) an offence against section 49C(2) (failure by person in authority to protect child from sexual offence) of the Crimes Act 1958 as in force before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016.

S. 4(2) amended by No. 7/2022 s. 67(2).

(2) An offence against a provision of the Sex Work Act 1994, despite its repeal by the Sex Work Decriminalisation Act 2022, that is not referred to in subsection (1)(a)(iii) is not a sexual offence.

(3) In determining whether an offence at common law is a sexual offence, it does not matter that the offence has since been abolished.