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SEX OFFENDERS REGISTRATION ACT 2004 - SCHEDULE 5

Schedule 5—Specified offences

Section 3(1)

    1.     An offence against any of the following provisions of the Crimes Act 1958

        (a)     section 49B(1) (sexual penetration involving a child under the age of 16);

        (b)     section 49D(1) (sexual assault of a child under the age of 16);

        (c)     section 49F(1) (sexual activity in the presence of a child under the age of 16);

        (d)     section 49H(1) (causing a child under the age of 16 to be present during sexual activity);

        (e)     section 49K(1) (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity);

        (f)     section 51B(1) (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;

        (g)     section 51C(1) (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;

        (h)     section 51D(1) (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;

              (i)     section 51G(1) (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;

        (j)     section 51H(1) (accessing child abuse material).

    2.     An offence against any of the following provisions of the  Crimes Act 1958 , as in force before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016

        (a)     section 45(1) (sexual penetration involving a child under the age of 16 years);

        (b)     section 47(1) (indecent act with child under the age of 16).

Sch. 5 items 3, 4 repealed by No. 44/2021 s. 35(1).

    *     *     *     *     *

Sch. 5 item 5 substituted by No. 44/2021 s. 35(2).

    5.     An offence against any of the following provisions of the Criminal Code of the Commonwealth—

        (a)     section 272.8(1) (sexual intercourse with child outside Australia);

        (b)     section 272.9(1) (sexual activity (other than sexual intercourse) with child outside Australia);

        (c)     section 471.26(1) (using a postal or similar service to send indecent material to person under 16);

        (d)     section 474.22(1) (using a carriage service for 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;

        (e)     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;

        (f)     section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material for use 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;

        (g)     section 474.25A(1) (using a carriage service for sexual activity with a person under 16 years of age);

        (h)     section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age).

    6.     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 referred to in this Schedule.

    7.     An offence an element of which is an intention to commit an offence of a kind referred to in this Schedule.

    8.     An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in this Schedule.

    9.     An offence that, at the time it was committed, was referred to in this Schedule.

    10.     An offence committed before the commencement of  section 11 of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017 that was an offence of a kind referred to in this Schedule.

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