Victorian Current Acts Victorian Current ActsSchedule 2—Class 2 offences
Sch. 2 item 1 amended by No. 74/2014 s. 33(2)(a).
1. An offence against section 40(1) (sexual assault), or 41(1) (sexual assault by compelling sexual touching), of the Crimes Act 1958 where the person against whom the offence is committed is a child.
Sch. 2 item 2 amended by No. 74/2014 s. 33(2)(b).
2. An offence against section 42(1) (assault with intent to commit a sexual offence), or 43(1) (threat to commit a sexual offence), of the Crimes Act 1958 where the person against whom the offence is committed is a child.
Sch. 2 item 3 substituted by No. 47/2016 s. 43(8).
3 An offence against section 44(1) of the Crimes Act 1958 (procuring sexual act by threat) if the person against whom the offence is committed is a child.
Sch. 2 item 3A inserted by No. 47/2016 s. 43(8).
3A An offence against section 45(1) of the Crimes Act 1958 (procuring sexual act by fraud) if the person against whom the offence is committed is a child.
Sch. 2 item 4 amended by No. 2/2006 s. 45(2)(a), substituted by No. 47/2016 s. 43(8).
4 An offence against section 46(1) of the Crimes Act 1958 (administration of an intoxicating substance for a sexual purpose) if the person against whom the offence is committed is a child.
Sch. 2 item 4A inserted by No. 7/2014 s. 5(1),
substituted by No. 47/2016 s. 43(8).
4A An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose) if the person against whom the offence is committed is a child.
Sch. 2 item 5 amended by No. 2/2006 s. 45(2)(b), substituted by No. 47/2016 s. 43(8).
5 An offence against section 48(1) of the Crimes Act 1958 (sexual activity directed at another person) if the person against whom the sexual activity is directed is a child.
Sch. 2 item 5A inserted by No. 47/2016 s. 43(8).
5A An offence against section 49D(1) of the Crimes Act 1958 (sexual assault of a child under the age of 16).
Sch. 2 item 6 amended by No. 2/2006 s. 45(2)(c), substituted by No. 47/2016 s. 43(8).
6 An offence against section 49E(1) of the Crimes Act 1958 (sexual assault of a child aged 16 or 17 under care, supervision or authority).
Sch. 2 item 6A inserted by No. 47/2016 s. 43(8).
6A An offence against section 49F(1) of the Crimes Act 1958 (sexual activity in the presence of a child under the age of 16).
Sch. 2 item 7 substituted by No. 47/2016 s. 43(8).
7 An offence against section 49G(1) of the Crimes Act 1958 (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority).
Sch. 2 item 7A inserted by No. 47/2016 s. 43(8).
7A An offence against section 49H(1) of the Crimes Act 1958 (causing a child under the age of 16 to be present during sexual activity).
Sch. 2 item 8 substituted by No. 47/2016 s. 43(8).
8 An offence against section 49I(1) of the Crimes Act 1958 (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity).
Sch. 2 item 8A inserted by No. 47/2016 s. 43(8).
8A An offence against section 49K(1) of the Crimes Act 1958 (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity).
Sch. 2 item 9 substituted by No. 47/2016 s. 43(8).
9 An offence against section 49L(1) of the Crimes Act 1958 (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity).
Sch. 2 item 9A inserted by No. 47/2016 s. 43(8).
9A An offence against section 49M(1) of the Crimes Act 1958 (grooming for sexual conduct with a child under the age of 16).
Sch. 2 item 10 substituted by No. 47/2016 s. 43(8).
10 An offence against section 49N(1) of the Crimes Act 1958 (loitering near schools etc. by sexual offender).
Sch. 2 item 10A inserted by No. 47/2016 s. 43(8).
10A An offence against section 49P(1) of the Crimes Act 1958 (abduction or detention of a child under the age of 16 for a sexual purpose).
Sch. 2 item 11 substituted by No. 47/2016 s. 43(8).
11 An offence against section 49Q(1) of the Crimes Act 1958 (causing or allowing a sexual performance involving a child).
Sch. 2 item 11A inserted by No. 47/2016 s. 43(8).
11A An offence against section 49R(1) of the Crimes Act 1958 (inviting or offering a sexual performance involving a child).
Sch. 2 item 12 amended by No. 2/2006 s. 45(2)(d), substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
12 An offence against section 51B(1) of the Crimes Act 1958 (involving a child in the production of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 13 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
13 An offence against section 51C(1) of the Crimes Act 1958 (producing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 13A inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
13A An offence against section 51D(1) of the Crimes Act 1958 (distributing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 14 repealed by No. 2/2006 s. 45(2)(e), new Sch. 2 item 14 inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
14 An offence against section 51E(1) of the Crimes Act 1958 (administering a website used to deal with child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 14A inserted by No. 34/2005 s. 22(1), substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
14A An offence against section 51F(1) of the Crimes Act 1958 (encouraging use of a website to deal with child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 15 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
15 An offence against section 51G(1) of the Crimes Act 1958 (possession of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 15A inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
15A An offence against section 51H(1) of the Crimes Act 1958 (accessing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 16 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1).
16 An offence against section 51I(1) of the Crimes Act 1958 (assisting a person to avoid apprehension) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
Sch. 2 item 16A inserted by No. 47/2016 s. 43(8), amended by No. 37/2022 s. 8(1).
16A An offence against section 52C(1) of the Crimes Act 1958 committed against a child (sexual assault of a person with a cognitive impairment or mental illness).
Sch. 2 item 17 substituted by No. 47/2016 s. 43(8).
17 An offence against section 52D(1) of the Crimes Act 1958 (sexual activity in the presence of a person with a cognitive impairment or mental illness) if the person in the presence of whom the sexual activity is engaged in is a child.
Sch. 2 item 17A inserted by No. 47/2016 s. 43(8).
17A An offence against section 52E(1) of the Crimes Act 1958 (causing a person with a cognitive impairment or mental illness to be present during sexual activity) if the person in the presence of whom the sexual activity is engaged in is a child.
Sch. 2 item 18 substituted by No. 47/2016 s. 43(8).
18 An offence against section 53G(1) of the Crimes Act 1958 (aggravated deceptive recruiting for commercial sexual services).
Sch. 2 item 18AAAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8).
* * * * *
Sch. 2 item 18AAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8).
* * * * *
Sch. 2 item 18AA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8), new Sch. 2 item 18AA inserted by No. 7/2022 s. 80(1).
18AA An offence against section 53H(1) of the Crimes Act 1958 (causing or inducing a child to take part in commercial sexual services).
Sch. 2 item 18AB inserted by No. 7/2022 s. 80(1).
18AB An offence against section 53I(1) of the Crimes Act 1958 (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child).
Sch. 2 item 18AC inserted by No. 7/2022 s. 80(1).
18AC An offence against section 53J(1) of the Crimes Act 1958 (agreement for provision of commercial sexual services by a child).
Sch. 2 item 18AD inserted by No. 7/2022 s. 80(1).
18AD An offence against section 53K(1) of the Crimes Act 1958 (allowing a child to take part in commercial sexual services).
Sch. 2 item 18A inserted by No. 34/2005 s. 22(2), substituted by No. 47/2016 s. 43(8).
18A An offence against section 54A(1) of the Crimes Act 1958 (bestiality).
Sch. 2 item 19 amended by Nos 74/2014 s. 33(2)(c), 52/2015 s. 47, 47/2016 s. 43(9).
19. An offence against section 76 of the Crimes Act 1958 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958 on a child.
Sch. 2 item 20 amended by Nos 74/2014 s. 33(2)(c), 52/2015 s. 47, 47/2016 s. 43(9).
20. An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958 on a child.
Sch. 2 item 21 amended by Nos 63/2010 s. 81(Sch. item 12.1), 7/2022 s. 80(2).
21. An offence against section 5(1) of the Sex Work Act 1994 (causing or inducing a child to take part in sex work) despite its repeal by the Sex Work Decriminalisation Act 2022 .
Sch. 2 item 22 amended by Nos 63/2010 s. 81(Sch. item 12.2), 7/2022 s. 80(3).
22. An offence against section 6(1) of the Sex Work Act 1994 (obtaining payment for sexual services provided by a child) despite its repeal by the Sex Work Decriminalisation Act 2022 .
Sch. 2 item 23 amended by Nos 63/2010 s. 81(Sch. item 12.2), 7/2022 s. 80(4).
23. An offence against section 7(1) of the Sex Work Act 1994 (agreement for provision of sexual services by a child) despite its repeal by the Sex Work Decriminalisation Act 2022 .
Sch. 2 item 24 amended by Nos 63/2010 s. 81(Sch. item 12.3), 7/2022 s. 80(5).
24. An offence against section 11(1) of the Sex Work Act 1994 (allowing child to take part in sex work) despite its repeal by the Sex Work Decriminalisation Act 2022 .
Sch. 2 item 25 repealed by No. 47/2016 s. 43(10).
* * * * *
26. An offence against a provision of an Act 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 25.
Sch. 2 item 26A inserted by No. 34/2005 s. 24(2), amended by Nos 42/2015 s. 28(3)(a), 47/2016 s. 43(11).
26A. Without limiting item 26, an offence referred to in paragraph (ab) to (dar) (other than (dab)(iii), (dae) and (dalc)) or (e) of clause 1 of Schedule 1 to the Sentencing Act 1991 where the person against whom the offence is committed is a child other than an offence that is a Class 1 offence for the purposes of this Act by force of item 4, 5, 6AB or 6A of Schedule 1.
Sch. 2 item 27 repealed by No. 82/2014 s. 27(1).
* * * * *
Sch. 2 item 28 amended by No. 25/2017 s. 49(2).
28. An offence against section 270.7 of the Criminal Code of the Commonwealth, where the person against whom the offence is committed is a child and in circumstances where the conduct causes the victim to be deceived about the matters set out in paragraph (c)(vi) of that section.
Sch. 2 item 28AA inserted by No. 57/2005 s. 51(5), repealed by No. 44/2021 s. 34(1).
* * * * *
Sch. 2 item 28AB inserted by No. 82/2014 s. 27(2), amended by No. 25/2017 s. 49(3), repealed by No. 44/2021 s. 34(1).
* * * * *
Sch. 2 item 28AC inserted by No. 21/2016 s. 19(1), amended by Nos 25/2017 s. 49(4), 3/2019 s. 51(1), repealed by No. 44/2021 s. 34(1).
* * * * *
Sch. 2 item 28A inserted by No. 34/2005 s. 22(3), amended by Nos 82/2014 s. 27(3), 21/2016 s. 19(2), 25/2017 s. 49(5), 3/2019 s. 51(2)(3), substituted by No. 44/2021 s. 34(1). [1]
28A. An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section.
Sch. 2 item 28B inserted by No. 44/2021 s. 34(1).
28B. An offence against any of the following sections of the Criminal Code of the Commonwealth—
(i) section 272.15(1) ("grooming" child to engage in sexual activity outside Australia);
(ii) section 272.15A(1) ("grooming" person to make it easier to engage in sexual activity with a child outside Australia);
(iii) section 272.18(1) (benefiting from offence against this Division of the Criminal Code of the Commonwealth);
(iv) section 272.19(1) (encouraging offence against this Division of the Criminal Code of the Commonwealth);
(v) section 272.20(1) and (2) (preparing for or planning offence against this Division of the Criminal Code of the Commonwealth);
(vi) section 273.6(1) (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(vii) section 273.7(1) (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(viii) section 273A.1 (possession of child‑like sex dolls etc).
Sch. 2 item 28C inserted by No. 44/2021 s. 34(1).
28C. An offence against any of the following sections of the Criminal Code of the Commonwealth—
(i) section 471.22 (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(ii) section 471.24 (using a postal or similar service to procure persons under 16);
(iii) section 471.25 (using a postal or similar service to "groom" persons under 16);
(iv) section 471.25A(1), (2) or (3) (using a postal or similar service to "groom" another person to make it easier to procure persons under 16);
(v) section 471.26 (using a postal or similar service to send indecent material to person under 16).
Sch. 2 item 28D inserted by No. 44/2021 s. 34(1).
28D. An offence against any of the following sections of the Criminal Code of the Commonwealth—
(i) section 474.22(1) (using a carriage service for child abuse material);
(ii) section 474.22A(1) (possessing or controlling child abuse material obtained or accessed using a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(iii) section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(iv) section 474.23A(1) (conduct for the purposes of electronic service used for child abuse material);
(v) section 474.24A (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(vi) section 474.25A (using a carriage service for sexual activity with person under 16 years of age);
(vii) section 474.25B (aggravated offence—using a carriage service for sexual activity with person under 16 years of age);
Sch. 2 item 28D(viia) inserted by No. 6/2023 s. 3(Sch. 1 item 5).
(viia) section 474.25C (using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16) except if the offence does not involve an act in preparing or planning to engage in sexual activity with a person under 16 years of age or an act in preparing or planning to procure a person under 16 years of age to engage in sexual activity;
(viii) section 474.26 (using a carriage service to procure persons under 16 years of age);
(ix) section 474.27 (using a carriage service to "groom" persons under 16 years of age);
(x) section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age);
(xi) section 474.27AA(1), (2) or (3) (using a carriage service to "groom" another person to make it easier to procure persons under 16 years of age).
Sch. 2 item 29 amended by Nos 25/2017 s. 49(6), 44/2021 s. 34(2).
29. An offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child abuse material except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual.
30. 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.
31. An offence under a law of a foreign jurisdiction that the regulations state is a Class 2 offence.
32. An offence an element of which is an intention to commit an offence of a kind listed in this Schedule.
33. An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule.
34. An offence that, at the time it was committed—
(i) was a Class 2 offence for the purposes of this Act; or
(ii) in the
case of an offence committed before 1 October 2004, was an offence of a
kind listed in this Schedule.