Victorian Numbered Acts Victorian Numbered Acts(1) In section 34(1) of the Sex Offenders Registration Act 2004 —
(a) in paragraph (b)(i), after "item 2" insert "or item 4";
(b) in paragraph (c)(ia), after "item 2" insert "or item 4".
(2) In section 70(2)(e) of the Sex Offenders Registration Act 2004 for "with a cognitive impairment within the meaning of Subdivision (8D)" substitute "with a cognitive impairment or mental illness within the meaning of Subdivision (8E)".
(3) For items 1 and 1A of Schedule 1 to the Sex Offenders Registration Act 2004 substitute —
"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.".
(4) For items 2 and 3 of Schedule 1 to the Sex Offenders Registration Act 2004 substitute —
"2 An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16).
3 An offence against section 49S(1) of the Crimes Act 1958 (facilitating a sexual offence against a child).
4 An offence against section 47A(1) of the Crimes Act 1958 (persistent sexual abuse of child under the age of 16) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .
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offences against children) inserted in the Crimes Act 1958 on 13 June 1995 by section 93 of the Sex Work Act 1994 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .".
(5) In item 6 of Schedule 1 to the Sex Offenders Registration Act 2004 , for "items 1 to 3" substitute "items 1 to 5".
(6) For item 6AA of Schedule 1 to the Sex Offenders Registration Act 2004 substitute —
"6AA An offence against section 53E(1) of the Crimes Act 1958 (aggravated sexual servitude).
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in the Crimes Act 1958 on 19 May 2004 by section 3 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .".
(7) After item 6A(e) of Schedule 1 to the Sex Offenders Act 2004 insert —
"(ea) paragraph (dab) to (dar) (other than (dab)(iii), (dae) and (dalc)) that involves sexual penetration;".
(8) For items 3 to 18A of Schedule 2 to the Sex Offenders Registration Act 2004 substitute —
"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.
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.
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.
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.
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.
5A An offence against section 49D(1) of the Crimes Act 1958 (sexual assault of a child under the age of 16).
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).
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).
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).
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).
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).
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).
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).
9A An offence against section 49M(1) of the Crimes Act 1958 (grooming for sexual conduct with a child under the age of 16).
10 An offence against section 49N(1) of the Crimes Act 1958 (loitering near schools etc. by sexual offender).
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).
11 An offence against section 49Q(1) of the Crimes Act 1958 (causing or allowing a sexual performance involving a child).
11A An offence against section 49R(1) of the Crimes Act 1958 (inviting or offering a sexual performance involving a child).
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
16A An offence against section 52C(1) of the Crimes Act 1958 (sexual assault of a person with a cognitive impairment or mental illness).
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.
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.
18 An offence against section 53G(1) of the Crimes Act 1958 (aggravated deceptive recruiting for commercial sexual services).
18A An offence against section 54A(1) of the Crimes Act 1958 (bestiality).".
(9) In items 19 and 20 of Schedule 2 to the Sex Offenders Registration Act 2004 , for "(8EA)" substitute "(8FA)".
(10) Item 25 of Schedule 2 to the Sex Offenders Registration Act 2004 is repealed .
(11) In item 26A of Schedule 2 to the Sex Offenders Registration Act 2004 —
(a) for "(ab), (ac), (b), (c), (d) or (e)" substitute "(ab) to (dar) (other than (dab)(iii), (dae) and (dalc)) or (e)";
(b) for "item 6A" substitute "item 4, 5, 6AB or 6A".
(12) For items 1 and 1A of Schedule 3 to the Sex Offenders Registration Act 2004 substitute —
"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.".
(13) In item 2A of Schedule 3 to the Sex Offenders Registration Act 2004 , after paragraph (c) insert —
"(ca) paragraphs (dab)(i), (ia) and (ib), (dag) and (dah);".
(14) For items 3 to 7B of Schedule 4 to the Sex Offenders Registration Act 2004 substitute —
"3 An offence against section 44(1) of the Crimes Act 1958 (procuring sexual act by threat).
3A An offence against section 45(1) of the Crimes Act 1958 (procuring sexual act by fraud).
4 An offence against section 46(1) of the Crimes Act 1958 (administration of an intoxicating substance for a sexual purpose).
4A An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose).
5 An offence against section 52C(1) of the Crimes Act 1958 (sexual assault of a person with a cognitive impairment or mental illness).
5A 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).
6 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).
6A An offence against section 53B(1) of the Crimes Act 1958 (using force, threat etc. to cause another person to provide commercial sexual services).
7 An offence against section 53C(1) of the Crimes Act 1958 (causing another person to provide commercial sexual services in circumstances involving sexual servitude).
7A An offence against section 53D(1) of the Crimes Act 1958 (conducting a business in circumstances involving sexual servitude).
7B An offence against section 53F(1) of the Crimes Act 1958 (deceptive recruiting for commercial sexual services).".
(15) In items 8 and 9 of Schedule 4 to the Sex Offenders Registration Act 2004 , for "(8EA)" substitute "(8FA)".
(16) In item 10A of Schedule 4 to the Sex Offenders Registration Act 2004 —
(a) for "(ab), (ac), (b), (c), (d) or (e)" substitute "(ab) to (dar) or (e)";
(b) in paragraph (a), for "item 6A" substitute "item 4, 5, 6AB or 6A".