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. (4) In determining whether an offence against an enactment is a sexual offence, it does not matter that the enactment has since been repealed. (5) In determining whether an offence is a sexual offence, it does not matter that the offence is described in this section— (a) differently from how it is described in the enactment or common law that establishes the offence; or (b) by reference to an enactment that was not in operation on the date on which the offence is alleged to have been committed. Subdivision (13) of Division 1 of Part I of the **Crimes Act 1958** previously included offences involving child pornography. That Subdivision has been repealed and replaced by new offences that refer to child abuse material rather than child pornography. ***Child pornography*** was defined to include material of a certain kind, and ***child abuse material*** is now defined as also including material of that kind. An offence against a provision of repealed Subdivision (13) is therefore a sexual offence under subsection (1)(d). (6) In this section— S. 4(6) def. of *commercial sexual services* amended by No. 7/2022 s. 67(3). ***commercial sexual services*** has the meaning given by section 35(1) of the **Crimes Act 1958**; ***sexual***, in relation to an activity, has the meaning given by section 35D of the **Crimes Act 1958**; ***sexual performance*** has the meaning given by section 49Q(3) of the **Crimes Act 1958**; ***taking part in a sexual act*** has the meaning given by section 35C of the **Crimes Act 1958**. Chapter 2—Commencing a criminal proceeding Part 2.1—Ways in which a criminal proceeding is commenced 5 How a criminal proceeding is commenced A criminal proceeding is commenced by— (a) filing or signing a charge-sheet in accordance with section 6; or (b) filing a direct indictment in accordance with section 159; or S. 5(c) amended by No. 68/2009 s. 51(c). (c) a direction under section 415 that a person be tried for perjury. Note to s. 5 inserted by No. 48/2012 s. 10. A proceeding may also be commenced under section 83AL of the **Sentencing Act 1991**.