Sch 1Class 1 offences

Schedule 1—Class 1 offences Section 7(2) Sch. 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). 1 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. Sch. 1 item 1A inserted by No. 2/2006 s. 45(1)(b), substituted by No. 74/2014 s. 33(1), repealed by No. 47/2016 s. 43(3). Sch. 1 item 2 amended by No. 2/2006 s. 45(1)(c), substituted by No. 47/2016 s. 43(4). 2 An offence against section 49J(1) of the **Crimes Act 1958** (persistent sexual abuse of a child under theage of 16). Sch. 1 item 3 substituted by No. 47/2016 s. 43(4). 3 An offence against section 49S(1) of the **Crimes Act 1958** (facilitating a sexual offence against a child). Sch. 1 item 4 repealed by No. 34/2005 s. 24(1)(c), new Sch. 1 item 4 inserted by No. 47/2016 s. 43(4). 4 An offence against section 47A(1) of the **Crimes Act 1958** (persistent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inserted in the **Crimes** **Act 1958** on 5 August 1991 by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**. Sch. 1 item 5 repealed by No. 34/2005 s. 24(1)(c), new Sch. 1 item 5 inserted by No. 47/2016 s. 43(4). 5 An offence against section 49A(1) of the **Crimes Act 1958** (facilitating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against children) inserted in the **Crimes Act 1958** on 13 June 1995 by section 93 of the **Sex Work Act 1994** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**. Sch. 1 item 6 amended by Nos 34/2005 s. 24(1)(d), 47/2016 s. 43(5). 6. An offence against a provision of the **Crimes Act 1958** amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in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. Sch. 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). 6AA An offence against section 53E(1) of the **Crimes** **Act** **1958** (aggravated sexual servitude). Sch. 1 item 6AB inserted by No. 47/2016 s. 43(6). 6AB 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**. Sch. 1 item 6A inserted by No. 34/2005 s. 24(1)(e), amended by No. 42/2015 s. 28(1). 6A. 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— (a) paragraph (ab); (b) paragraph (ac); (c) paragraph (b)(i) and (ii); (d) paragraph (c)(iii), (iv), (vi), (vii), (ix), (x), (xii), (xiii), (xvi), (xvii) and (xix); (e) paragraph (d)(i), (ii), (iii), (v), (vi), (viii), (ix), (xi), (xii) and (xiii); Sch. 1 item 6A(ea) inserted by No. 47/2016 s. 43(7). (ea) paragraph (dab) to (dar) (other than (dab)(iii), (dae) and (dalc)) that involves sexual penetration; (f) paragraph (e)(i) and (ii). Sch. 1 item 7 repealed by No. 82/2014 s. 26(1). Sch. 1 item 8 repealed by No. 25/2017 s. 48. Sch. 1 item 8A inserted by No. 82/2014 s. 26(2). 8A. An offence against any of the following sections of the Criminal Code of the Commonwealth— (i) section 272.8(1) and (2) (sexual intercourse with child outside Australia); (ii) section 272.9(1) and (2) (sexual activity (other than sexual intercourse) with child outside Australia); Sch. 1 item 8A(iii) amended by No. 3/2019 s. 50. (iii) section 272.10(1) (aggravated offence—sexual intercourse or other sexual activity with child outside Australia); (iv) section 272.11(1) (persistent sexual abuse of child outside Australia); (v) section 272.12(1) and (2) (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (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); Sch. 1 item 8A(vii) amended by No. 44/2021 s. 33(1). (vii) section 272.14(1) (procuring child to engage in sexual activity outside Australia). Sch. 1 item 8A(viii) repealed by No. 44/2021 s. 33(2). 9. 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. 10. An offence under a law of a foreign jurisdiction that the regulations state is a Class 1 offence. 11. An offence an element of which is an intention to commit an offence of a kind listed in this Schedule. 12. An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule. 13. An offence that, at the time it was committed— (i) was a Class 1 offence for the purposes of this Act; or