3 An offence against any of the following sections of the Crimes Act 1958 in circumstances where the person against whom the offence is committed is a child or a vulnerable person—
Sch. 3 cl. 3(aa) inserted by No. 38/2022 s. 36(a).
(aa) section 53R(1) (producing intimate image);
Sch. 3 cl. 3(aab) inserted by No. 38/2022 s. 36(a).
Sch. 3 cl. 3(aac) inserted by No. 38/2022 s. 36(a).
(aac) section 53T(1) (threat to distribute intimate image);
(a) section 81(1) (obtaining property by deception);
(b) section 82(1) (obtaining financial advantage by deception);
(c) section 178(a) (giving or receiving false or misleading receipt or account an indictable offence);
(d) section 191(1) (fraudulently inducing persons to invest money).
4 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958 in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—
(a) section 15A(1) (causing serious injury intentionally in circumstances of gross violence);
(b) section 15B(1) (causing serious injury recklessly in circumstances of gross violence);
(e) section 18 (causing injury intentionally or recklessly);
(f) section 31(1)(a) (assault or threaten to assault with intent to commit indictable offence);
(g) section 32(2) (offence to perform female genital mutilation);
(h) section 33(1) (offence to take a person from the State with the intention of having prohibited female genital mutilation performed);
(i) section 40(1) (sexual assault);
(j) section 41(1) (sexual assault by compelling sexual touching);
(k) section 42(1) (assault with intent to commit a sexual offence);
(l) section 43(1) (threat to commit a sexual offence);
(m) section 46(1) (administration of an intoxicating substance for a sexual purpose);
(n) section 47(1) (abduction or detention for a sexual purpose);
(o) section 50C(1) (sexual penetration of a child or lineal descendant);
(p) section 50D(1) (sexual penetration of a step‑child);
(q) section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);
(r) section 50F(1) (sexual penetration of a sibling or half-sibling);
(s) section 53F(1) (deceptive recruiting for commercial sexual services).
5 An offence against any of the following sections of the Crimes Act 1958 in circumstances where a person suffers injury as a direct result of the offence—
(a) section 75A (armed robbery);
(b) section 77 (aggravated burglary);
(c) section 77A(1) (home invasion) if, at the time the person enters the home, the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive;
(d) section 77B(2) (aggravated home invasion), in circumstances where the person commits the aggravated home invasion with intent to commit an offence, punishable by imprisonment for a term of 5 years or more, involving an assault to a person in the home;
(e) section 79A(2) (aggravated carjacking), in circumstances where the person who commits the aggravated carjacking causes injury to another person in the course of the carjacking.
6 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 5 of the Crimes (Sexual Offences) Act 1980, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person**—**
(a) section 52(1) (unlawfully and carnally knowing woman or girl aged 10 or above who is daughter, lineal descendant or step‑daughter);
(b) section 52(2) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is daughter, lineal descendant or step-daughter);
(c) section 52(2) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is daughter, lineal descendant or step-daughter);
(d) section 52(3) (unlawfully and carnally knowing woman or girl aged 10 or above who is sister or mother);
(e) section 52(4) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is mother or sister);
(f) section 52(4) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is mother or sister);
(g) section 55(1) (unlawfully and indecently assault any woman or girl);
(h) section 58 (owner or occupier of premises induces or knowingly suffers any girl to be on premises to be unlawfully and carnally known by any man);
(i) section 62 (forcible abduction of woman with intent to marry or carnally know);
(j) section 68(1) (buggery with violence);
(k) section 68(2) (buggery with mankind or any animal);
(l) section 68(3) (attempt buggery with mankind or animal);
(m) section 68(3) (assault with intent to commit buggery);
(n) section 68(3) (any indecent assault upon any male person);
(o) section 69(4) (male person commits or is party to the commission of or procures or attempts act of gross indecency with another male person).
7 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—
(b) section 44(2) (indecent assault with aggravating circumstances);
(c) section 52(1) (sexual penetration with person aged 10 years or above and who is child, lineal descendant or step-child);
(d) section 52(2) (attempted sexual penetration with person aged 10 years or above who is child, lineal descendant or step-child);
(e) section 52(2) (assault with intent to sexually penetrate person aged 10 years or above who is child, lineal descendant or step-child);
(f) section 52(3) (person aged 18 or above permits father, mother, lineal ancestor or step-parent to take part in act of sexual penetration);
(g) section 52(4) (sexual penetration with person aged 10 years or above who is sibling or half-sibling);
(h) section 52(5) (attempted sexual penetration with person aged 10 years or above who is sibling or half-sibling);
(i) section 52(5) (assault with intent to sexually penetrate person aged 10 years or above who is sibling or half-sibling);
(j) section 54(1)(b) (person procures by false representation or pretence or attempts to procure person to take part in sexual penetration outside marriage);
(k) section 56(b) (taking away by force or detaining person with intent to take part in sexual penetration);
(l) section 61 (unlawful detention for the purpose of sexual penetration).
8 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 8(2) of the Crimes (Amendment) Act 1985, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—
(a) section 17 (intentionally causing grievous bodily harm or shooting etc. with intention to do grievous bodily harm);
(b) section 19 (unlawfully and maliciously wounding or inflicting grievous bodily harm).
9 An offence against section 19A (intentionally causing a very serious disease) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (HIV) Act 1993 and repealed by section 3 of the Crimes Amendment (Repeal of Section 19A) Act 2015, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.
10 An offence against section 37 (assault occasioning actual bodily harm or a common assault) of the Crimes Act 1958, repealed by section 3 of the Crimes (Sexual Offences) Act 1991, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.
11 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 3 of the Crimes (Rape) Act 1991, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—
(a) section 42 (indecent assault);
(b) section 43 (indecent assault with aggravating circumstances).
12 An offence for which the maximum penalty is fixed by section 10(1) (child destruction) (as amended) of the Crimes Act 1958, repealed by section 9 of the Abortion Law Reform Act2008.
13 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act2016, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—
(a) section 44(1) (incest with child, lineal descendant or step-child);
(b) section 44(3) (incest with lineal ancestor or step-parent);
(c) section 44(4) (incest with half-sibling);
(d) section 53(1) (administration of drugs etc.);
(e) section 55 (abduction or detention).
14 An offence against section 60A(1) of the Crimes Act 1958 (sexual offence while armed with an offensive weapon) ) (as amended) inserted by section 21 of the Sentencing (Amendment) Act1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act2016 in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.
15 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—
(a) section 60AB(2) (sexual servitude);
(b) section 60AB(3) (sexual servitude);
(c) section 60AB(4) (sexual servitude);
(d) section 60AD(1) (deceptive recruiting for commercial sexual services).
16 Any of the following offences in circumstances where there is a familial relationship between the offender and the child against whom the offence is committed—
(a) an offence against any of the following sections of the Crimes Act 1958—
(i) section 63(1) (child stealing);
(ii) section 63(2) (takes, decoys or entices away a child);
(iii) section 63A (kidnapping);
(b) any of the following common law offences—
(ii) stealing or unlawfully carrying away against one's will.
17 An offence against section 261(1) (offence to fail to protect child from harm) of the Children and Young Persons Act 1989.
18 An offence against section 493 (offence to fail to protect children from harm) of the Children, Youth and Families Act 2005.
19 An offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981—
(a) section 71(1) (trafficking in a drug or drugs of dependence—large commercial quantity);
(b) section 71AA (trafficking in a drug or drugs of dependence—commercial quantity);
(c) section 71AB (trafficking in a drug of dependence to a child);
(d) section 71B (supply of drug of dependence to a child);
(e) section 72 (cultivation of narcotic plants—large commercial quantity);
(f) section 72A (cultivation of narcotic plants—commercial quantity);
(g) section 79(1) (conspiring) in circumstances where the conspiracy is to commit an offence against section 71(1), 71AA or 72A;
(h) section 80(1) (inciting etc*.*) in circumstances where the person incites the commission of an offence against section 71.
20 An offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981, as in force immediately before the commencement of section 5 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001—
(a) section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;
(b) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence against section 71(1) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;
(c) section 80(1) (aiding, abetting, counselling, procuring, soliciting or incitement) in circumstances where the person aids, abets, counsels, procures, solicits or incites the commission of an offence against section 71(1) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence.
21 An offence against section 80(1) (aiding, abetting, counselling, procuring, soliciting or incitement) of the Drugs, Poisons and Controlled Substances Act 1981, as in force immediately before the commencement of section 7 of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014, where the offence is committed on or after 1 January 2002 in circumstances where the person aids, abets, counsels, procures, solicits or incites the commission of an offence against section 71(1) or 71AA.
22 An offence against section 10(1) of the Prevention of Cruelty to Animals Act 1986 (aggravated cruelty).
23 An offence against any of the following sections of the Summary Offences Act 1966 in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—
(a) section 24(1)(a) (aggravated assault);
(b) section 24(2) (aggravated assault in company).
Sch. 3 cl. 24 amended by No. 38/2022 s. 36(b).
24 An offence against section 41A of the Summary Offences Act 1966 (observation of genital or anal region) in circumstances where the person against whom the offence is committed is a child or a vulnerable person.
25 An offence against any of the following sections of the Criminal Code of the Commonwealth—
(a) section 72.3 (offences);
(b) section 101.1 (terrorist acts);
(c) section 101.2 (providing or receiving training connected with terrorist acts);
(d) section 101.4 (possessing things connected with terrorist acts);
(e) section 101.5 (collecting or making documents likely to facilitate terrorist acts);
(f) section 101.6 (other acts done in preparation for, or planning, terrorist acts);
(g) section 102.2 (directing the activities of a terrorist organisation);
(h) section 102.3 (membership of a terrorist organisation);
(i) section 102.4 (recruiting for a terrorist organisation);
(j) section 102.5 (training involving a terrorist organisation);
(k) section 102.6 (getting funds to, from or for a terrorist organisation);
(l) section 102.7 (providing support to a terrorist organisation);
(m) section 102.8 (associating with terrorist organisations);
(n) section 103.1 (financing terrorism);
(o) section 103.2 (financing a terrorist).
26 An offence against any of the following sections of the Criminal Code of the Commonwealth in circumstances where the person against whom the offence is committed is an adult who is not a vulnerable person—
(a) section 71.8 (unlawful sexual penetration);
(b) section 270.3 (slavery offences);
(c) section 270.5 (servitude offences);
(d) section 270.6A (forced labour offences);
(e) section 270.7 (deceptive recruiting for labour or services);
(f) section 270.7B (forced marriage offences);
(g) section 270.7C (offence of debt bondage);
(h) section 271.2 (offence of trafficking in persons);
(i) section 271.3 (trafficking in persons—aggravated offence);
(j) section 271.5 (offence of domestic trafficking in persons);
(k) section 271.6 (domestic trafficking in persons—aggravated offence);
(l) section 271.7D (offence of domestic organ trafficking);
(m) section 271.7E (domestic organ trafficking—aggravated offence);
(n) section 274.2 (torture);
(o) section 474.17A (aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence).
27 An offence against any of the following sections of the Criminal Code of the Commonwealth—
(a) section 302.2 (trafficking commercial quantities of controlled drugs);
(b) section 303.4 (cultivating commercial quantities of controlled plants);
(c) section 304.1 (selling commercial quantities of controlled plants);
(d) section 309.2 (supplying controlled drugs to children);
(e) section 309.3 (supplying marketable quantities of controlled drugs to children for trafficking);
(f) section 309.4 (supplying controlled drugs to children for trafficking);
(g) section 309.7 (procuring children for trafficking marketable quantities of controlled drugs);
(h) section 309.8 (procuring children for trafficking controlled drugs);
(i) section 309.10 (procuring children for pre‑trafficking marketable quantities of controlled precursors);
(j) section 309.11 (procuring children for pre‑trafficking controlled precursors);
(k) section 309.12 (procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants);
(l) section 309.13 (procuring children for importing or exporting border controlled drugs or border controlled plants);
(m) section 309.14 (procuring children for importing or exporting marketable quantities of border controlled precursors);
(n) section 309.15 (procuring children for importing or exporting border controlled precursors).
28 An offence against any of the following sections of the Criminal Code of the Commonwealth in circumstances where a person suffers injury as a direct result of the offence—
(a) section 132.3 (aggravated robbery);
(b) section 132.4 (burglary);
(c) section 132.5 (aggravated burglary).
29 An offence against any of the following sections (as amended) of the Criminal Code of the Commonwealth, repealed by clause 12 of Schedule 1 to the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 of the Commonwealth, in circumstances where the person against whom the offence is committed is an adult who is not a vulnerable person—
(a) section 270.7 (deceptive recruiting for sexual services);
30 Any of the following common law offences in circumstances where the person against whom the offence is committed is a child or a vulnerable person—
(a) forgery;
(b) uttering.
31 The common law offence of assault causing injury, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.
32 An offence against Chapter 6 of this Act (other than section 128 or 130).
33 An offence of attempting to commit an offence specified in this Schedule.
34 An offence of incitement to commit an offence specified in this Schedule.
35 An offence of conspiracy to commit an offence specified in this Schedule.
36 An offence under a law of a jurisdiction other than Victoria that, if committed in Victoria, would have constituted an offence specified in this Schedule.