Victorian Numbered Acts Victorian Numbered Acts(1) In the definition of serious offence in section 3(1) of the Sentencing Act 1991 —
(a) for paragraph (c)(v) substitute —
"(v) section 50C(1) (sexual penetration of a child or lineal descendant), 50D(1) (sexual penetration of a step-child) or 50F(1) (sexual penetration of a sibling or half-sibling) in circumstances other than where both people are aged 18 or older and each consented (as defined by section 36 of the Crimes Act 1958 ) to the sexual penetration;";
(b) in paragraph (c)(vi), for "45 (sexual penetration of child under the age of 16)" substitute "49A(1) (sexual penetration of a child under the age of 12) or 49B(1) (sexual penetration of a child under the age of 16)";
(c) in paragraph (c)(viii), for "47A (persistent sexual abuse of child under the age of 16)" substitute "49J(1) (persistent sexual abuse of a child under the age of 16)";
(d) in paragraph (c)(ix), for "55 (abduction or detention)" substitute "47 (abduction or detention for a sexual purpose)";
(e) in paragraph (c)(x), for "56 (abduction of child under the age of 16)" substitute "49P (abduction or detention of a child under the age of 16 for a sexual purpose)";
(f) after paragraph (cb) insert —
"(cc) an offence against any of the following provisions of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 —
(i) section 44(1), (2) or (4) (incest) in circumstances other than where both people are aged 18 or older and each consented to the sexual penetration;
(ii) section 47A(1) (persistent sexual abuse of child under the age of 16);
(iii) section 55 (abduction or detention);
(iv) section 56(1) or (2) (abduction of child under the age of 16); or
(cd) an offence against section 45(1) of the Crimes Act 1958 (sexual penetration of child under the age of 16) inserted in the Crimes Act 1958 on 22 November 2000 by section 5 of the Crimes (Amendment) Act 2000 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ; or".
(2) In section 85A(1) of the Sentencing Act 1991 —
(a) in the definition of "medical expenses", for "expenses;" substitute "expenses.";
(b) the definition of sexual offence is repealed .
(3) In the definition of relevant offence in section 89DC of the Sentencing Act 1991 , for paragraph (c)(xvi) to (xxxiii) substitute —
"(xvi) section 39(1) (rape by compelling sexual penetration);
(xvii) section 40(1) (sexual assault);
(xviia) section 41(1) (sexual assault by compelling sexual touching);
(xviii) section 42(1) (assault with intent to commit a sexual offence);
(xviiia) section 43(1) (threat to commit a sexual offence);
(xviiib) section 46(1) (administration of an intoxicating substance for a sexual purpose);
(xix) section 49A(1) (sexual penetration of a child under the age of 12);
(xixa) section 49B(1) (sexual penetration of a child under the age of 16);
(xx) section 49D(1) (sexual assault of a child under the age of 16);
(xxa) section 49F(1) (sexual activity in the presence of a child under the age of 16);
(xxb) section 49H(1) (causing a child under the age of 16 to be present during sexual activity);
(xxi) section 49C(1) (sexual penetration of a child aged 16 or 17 under care, supervision or authority);
(xxii) section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority);
(xxiia) section 49G(1) (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority);
(xxiib) section 49I(1) (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity);
(xxv) section 44(1) (procuring sexual act by threat);
(xxvi) section 45(1) (procuring sexual act by fraud);
(xxvii) section 49K(1) (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity);
(xxviii) section 49L(1) (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity);
(xxxi) section 63A (kidnapping);
(xxxii) section 51C(1) (producing child abuse material);
(xxxiia) section 51E(1) (administering a website used to deal with child abuse material);
(xxxiib) section 51F(1) (encouraging use of a website to deal with child abuse material);
(xxxiic) section 51I(1) (assisting a person to avoid apprehension);
(xxxiii) section 49Q(1) (causing or allowing a sexual performance involving a child);
(xxxiiia) section 49R(1) (inviting or offering a sexual performance involving a child).".
(4) In clause 1 of Schedule 1 to the Sentencing Act 1991 , for paragraphs (a)(iv) to (xviii) substitute —
"(iv) section 50C(1) (sexual penetration of a child or lineal descendant);
(iva) section 50D(1) (sexual penetration of a step-child);
(ivb) section 50F(1) (sexual penetration of a sibling or half-sibling) in circumstances other than where both people are aged 18 years or older and each consented (as defined by section 36 of the Crimes Act 1958 ) to engage in the sexual penetration;
(v) section 49A(1) (sexual penetration of a child under the age of 12);
(va) section 49B(1) (sexual penetration of a child under the age of 16);
(vii) section 49D(1) (sexual assault of a child under the age of 16);
(viia) section 49F(1) (sexual activity in the presence of a child under the age of 16);
(viib) section 49H(1) (causing a child under the age of 16 to be present during sexual activity);
(viii) section 49J(1) (persistent sexual abuse of a child under the age of 16);
(viiia) section 49C(1) (sexual penetration of a child aged 16 or 17 under care, supervision or authority);
(viiiab) section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority);
(viiib) section 49G(1) (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority);
(viiiba) section 49I(1) (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity);
(ix) section 49S(1) (facilitating a sexual offence against a child);
(ixa) section 49M(1) (grooming for sexual conduct with a child under the age of 16);
(x) section 52B(1) (sexual penetration of a person with a cognitive impairment or mental illness);
(xa) section 52C(1) (sexual assault of a person with a cognitive impairment or mental illness);
(xb) section 52D(1) (sexual activity in the presence of a person with a cognitive impairment or mental illness);
(xc) section 52E(1) (causing a person with a cognitive impairment or mental illness to be present during sexual activity);
(xii) section 46(1) (administration of an intoxicating substance for a sexual purpose);
(xiii) section 47(1) (abduction or detention for a sexual purpose);
(xiv) section 49P(1) (abduction or detention of a child under the age of 16 for a sexual purpose);
(xv) section 44(1) (procuring sexual act by threat);
(xva) section 45(1) (procuring sexual act by fraud);
(xvb) section 49K(1) (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity);
(xvc) section 49L(1) (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity);
(xvia) section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services);
(xviab) section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude);
(xviac) section 53D(1) (conducting a business in circumstances involving sexual servitude);
(xvib) section 53E(1) (aggravated sexual servitude);
(xvic) section 53F(1) (deceptive recruiting for commercial sexual services);
(xvid) section 53G(1) (aggravated deceptive recruiting for commercial sexual services);
(xvie) section 54A(1) (bestiality);
(xvig) section 51C(1) (producing child abuse material) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xvih) section 51B(1) (involving a child in the production of child abuse material) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xviha) section 51D(1) (distributing child abuse material) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xvihb) section 51H(1) (accessing child abuse material) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xvihc) section 51G(1) (possession of child abuse material) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xviia) section 51E(1) (administering a website used to deal with child abuse material) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xviib) section 51F(1) (encouraging use of a website to deal with child abuse material) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xviic) section 51I(1) (assisting a person to avoid apprehension) except if the offence only relates to child abuse material of a kind described in paragraph (a)(i)(A) of the definition of child abuse material in section 51A of the Crimes Act 1958 , where the torture, cruelty or abuse is not sexual;
(xvij) section 49Q(1) (causing or allowing a sexual performance involving a child);
(xvija) section 49R(1) (inviting or offering a sexual performance involving a child);
(xvii) section 76 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence referred to in subparagraph (i) to (ix) or (x) to (xvie);
(xviii) section 77 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence referred to in subparagraph (i) to (ix) or (x) to (xvie);".
(5) For clause 1(da) of Schedule 1 to the Sentencing Act 1991 substitute —
"(dab) an offence against any of the following provisions of the Crimes Act 1958 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 :
(i) section 44(1) (incest);
(ia) section 44(2) (incest);
(ib) section 44(4) (incest) in circumstances other than where both people are aged 18 years or older and each consented to the sexual penetration;
(ii) section 47(1) (indecent act with child under the age of 16);
(iii) section 47A(1) (persistent sexual abuse of child under the age of 16);
(iv) section 48(1) (sexual penetration of 16 or 17 year old child);
(v) section 53(1) (administration of drugs etc.);
(vi) section 54 (occupier etc. permitting unlawful sexual penetration);
(vii) section 55 (abduction or detention);
(viii) section 56(1) (abduction of child under the age of 16);
(viiia) section 56(2) (abduction of child under the age of 16);
(ix) section 57(1) (procuring sexual penetration by threats or fraud);
(ixa) section 57(2) (procuring sexual penetration by threats or fraud);
(x) section 59(1) (bestiality);
(dac) an offence against section 45(1) of the Crimes Act 1958 (sexual penetration of child under the age of 16) inserted in the Crimes Act 1958 on 22 November 2000 by section 5 of the Crimes (Amendment) Act 2000 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dad) an offence against section 49(1) of the Crimes Act 1958 (indecent act with 16 or 17 year old child) inserted in the Crimes Act 1958 on 1 December 2006 by section 13 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dae) 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 ;
(daf) an offence against section 49B(2) of the Crimes Act 1958 (grooming for sexual conduct with child under the age of 16 years) inserted in the Crimes Act 1958 on 9 April 2014 by section 3 of the Crimes Amendment (Grooming) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dag) an offence against section 51(1) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services) inserted in the Crimes Act 1958 on 1 December 2006 by section 16 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(daga) an offence against section 51(2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services) inserted in the Crimes Act 1958 on 1 December 2006 by section 16 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dah) an offence against section 52(1) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by workers) inserted in the Crimes Act 1958 on 1 December 2006 by section 17 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(daha) an offence against section 52(2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by workers) inserted in the Crimes Act 1958 on 1 December 2006 by section 17 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dai) an offence against section 53(2) of the Crimes Act 1958 (administration of drugs etc.) inserted in the Crimes Act 1958 on 11 February 2009 by section 3 of the Crimes Legislation Amendment (Food and Drink Spiking) Act 2009 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(daj) an offence against section 58(1) of the Crimes Act 1958 (procuring sexual penetration of a child) inserted in the Crimes Act 1958 on 1 December 2006 by section 18 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(daja) an offence against section 58(2) of the Crimes Act 1958 (procuring sexual penetration of a child) inserted in the Crimes Act 1958 on 1 December 2006 by section 18 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dajb) an offence against section 58(3) of the Crimes Act 1958 (procuring sexual penetration of a child) inserted in the Crimes Act 1958 on 1 December 2006 by section 18 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dak) an offence against section 60A(1) of the Crimes Act 1958 (sexual offence while armed with an offensive weapon) inserted in the Crimes Act 1958 on 15 August 1993 by section 21 of the Sentencing (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dal) an offence against section 60AB(2) of the Crimes Act 1958 (sexual servitude) inserted in the Crimes Act 1958 on 19 May 2004 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 ;
(dala) an offence against section 60AB(3) of the Crimes Act 1958 (sexual servitude) inserted in the Crimes Act 1958 on 19 May 2004 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 ;
(dalb) an offence against section 60AB(4) of the Crimes Act 1958 (sexual servitude) inserted in the Crimes Act 1958 on 19 May 2004 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 ;
(dalc) 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 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dald) an offence against section 60AD(1) of the Crimes Act 1958 (deceptive recruiting for commercial sexual services) inserted in the Crimes Act 1958 on 19 May 2004 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 ;
(dale) an offence against section 60AE(1) of the Crimes Act 1958 (aggravated deceptive recruiting for commercial sexual services) inserted in the Crimes Act 1958 on 19 May 2004 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 ;
(dam) an offence against section 68(1) of the Crimes Act 1958 (production of child pornography) inserted in the Crimes Act 1958 on 1 January 1996 by section 88 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dama) an offence against section 69(1) of the Crimes Act 1958 (procurement etc. of minor for child pornography) inserted in the Crimes Act 1958 on 1 January 1996 by section 88 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dan) an offence against section 70(1) of the Crimes Act 1958 (possession of child pornography) inserted in the Crimes Act 1958 on 22 November 2000 by section 6 of the Crimes (Amendment) Act 2000 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dao) an offence against section 70AAAB(1) of the Crimes Act 1958 (administering a child pornography website) inserted in the Crimes Act 1958 on 1 December 2015 by section 6 of the Crimes Amendment (Child Pornography and Other Matters) Act 2015 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(daoa) an offence against section 70AAAC(1) of the Crimes Act 1958 (encouraging use of a website to deal with child pornography) inserted in the Crimes Act 1958 on 1 December 2015 by section 6 of the Crimes Amendment (Child Pornography and Other Matters) Act 2015 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(daob) an offence against section 70AAAD(1) of the Crimes Act 1958 (assisting a person to avoid apprehension) inserted in the Crimes Act 1958 on 1 December 2015 by section 6 of the Crimes Amendment (Child Pornography and Other Matters) Act 2015 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dap) an offence against section 70AC of the Crimes Act 1958 (sexual performance involving a minor) inserted in the Crimes Act 1958 on 19 May 2004 by section 7 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(daq) an offence against section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (publication or transmission of child pornography) inserted in the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 on 8 November 2001 by section 16 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001 and repealed by section 34 of the Crimes Amendment (Sexual Offences) Act 2016 ;
(dar) an offence referred to in paragraph (a)(xvii) or (xviii) as in force immediately before the commencement of section 41 of the Crimes Amendment (Sexual Offences) Act 2016 .".