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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SCHEDULE 1

Schedule 1—Serious sex offences

    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.

    2     An offence against section 40(1) (sexual assault), or section 41(1) (sexual assault by compelling sexual touching), of the Crimes Act 1958 .

    3     An offence against section 42(1) (assault with intent to commit a sexual offence), or section 43(1) (threat to commit a sexual offence), of the Crimes Act 1958 .

    4     An offence against section 44(1) of the Crimes Act 1958 (procuring sexual act by threat).

    5     An offence against section 44(3) of the  Crimes Act 1958 (incest by sexual penetration of a parent, step-parent or lineal ancestor) as in force immediately before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016 , if the offender was convicted and sentenced to imprisonment for that offence before that commencement.

    6     An offence against section 44(4) of the  Crimes Act 1958 (incest by sexual penetration of a sibling or half-sibling) as in force immediately before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016 , if the offender was convicted and sentenced to imprisonment for that offence before that commencement.

    7     An offence against section 45(1) of the Crimes Act 1958 (procuring sexual act by fraud).

    8     An offence against section 46(1) of the Crimes Act 1958 (administration of an intoxicating substance for a sexual purpose).

    9     An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose).

    10     An offence against section 49D(1) of the Crimes Act 1958 (sexual assault of a child under the age of 16).

    11     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).

    12     An offence against section 49F(1) of the Crimes Act 1958 (sexual activity in the presence of a child under the age of 16).

    13     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).

    14     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).

    15     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).

    16     An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16).

    17     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).

    18     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).

    19     An offence against section 49M(1) of the Crimes Act 1958 (grooming for sexual conduct with a child under   the age of 16).

    20     An offence against section 49N(1) of the Crimes Act 1958 (loitering near schools etc. by sexual offender).

    21     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).

    22     An offence against section 49Q(1) of the Crimes Act 1958 (causing or allowing a sexual performance involving a child).

    23     An offence against section 49R(1) of the Crimes Act 1958 (inviting or offering a sexual performance involving a child).

    24     An offence against section 49S(1) of the Crimes Act 1958 (facilitating a sexual offence against a child).

    25     An offence against section 51B(1) of the Crimes Act 1958 (involving a child in the production of child abuse material).

    26     An offence against section 51C(1) of the Crimes Act 1958 (producing child abuse material).

    27     An offence against section 51D(1) of the Crimes Act 1958 (distributing child abuse material).

    28     An offence against section 51E(1) of the Crimes Act 1958 (administering a website used to deal with child abuse material).

    29     An offence against section 51F(1) of the Crimes Act 1958 (encouraging use of a website to deal with child abuse material).

    30     An offence against section 51G(1) of the Crimes Act 1958 (possession of child abuse material).

    31     An offence against section 51H(1) of the Crimes Act 1958 (accessing child abuse material).

    32     An offence against section 51I(1) of the Crimes Act 1958 (assisting a person to avoid apprehension).

    33     An offence against section 52C(1) of the Crimes Act 1958 (sexual assault of a person with a cognitive impairment or mental illness).

    34     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).

    35     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).

    36     An offence against section 53B(1) of the Crimes Act 1958 (using force, threat etc. to cause another person to provide commercial sexual services).

    37     An offence against section 53C(1) of the Crimes Act 1958 (causing another person to provide commercial sexual services in circumstances involving sexual servitude).

    38     An offence against section 53D(1) of the Crimes Act 1958 (conducting a business in circumstances involving sexual servitude).

    39     An offence against section 53E(1) of the Crimes Act 1958 (aggravated sexual servitude).

    40     An offence against section 53F(1) of the Crimes Act 1958 (deceptive recruiting for commercial sexual services).

    41     An offence against section 53G(1) of the Crimes Act 1958 (aggravated deceptive recruiting for commercial sexual services).

    42     An offence against section 54A(1) of the Crimes Act 1958 (bestiality).

    43     An offence against section 60B(2) of the Crimes Act 1958 (loitering near schools etc.) inserted in the Crimes Act 1958 on 21 December 1993 by section 10 of the Crimes (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 .

    44     An offence against section 76 of the Crimes Act 1958 (burglary) where the offender entered a building or part of a 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 .

    45     An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered a building or part of a 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 .

    46     An offence against section 77A of the Crimes Act 1958 (home invasion) where the offender entered a home 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 .

    47     An offence against section 77B of the Crimes Act 1958 (aggravated home invasion) where the offender entered a home 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 .

    48     An offence against section 5(1) of the Sex Work Act 1994 (causing or inducing a child to take part in sex work).

    49     An offence against section 6(1) of the Sex Work Act 1994 (obtaining payment for sexual services provided by a child).

    50     An offence against section 7(1) of the Sex Work Act 1994 (agreement for provision of sexual services by a child).

    51     An offence against section 11(1) of the Sex Work Act 1994 (allowing a child to take part in sex work).

    52     An offence against a provision of an Act amended or repealed before the commencement of this Act 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 51.

    53     Without limiting item 52, an offence referred to in paragraph (ab), (ac), (b), (c), (ca), (d) or (e) of clause 1 of Schedule 1 to the Sentencing Act 1991 .

    54     Without limiting item 52 or 53, an offence referred to in paragraphs (dab) to (dar) of clause 1 of Schedule 1 to the Sentencing Act 1991 that involves sexual penetration.

    55     Without limiting item 52, 53 or 54, an offence referred to in paragraphs (iv) to (xviii) of clause 1(a) of Schedule 1 to the Sentencing Act 1991 , as in force immediately before its substitution.

    56     An offence against section 50BA, 50BB, 50DA or 50DB of the Crimes Act 1914 of the Commonwealth (offences involving sexual intercourse outside Australia with a child under the age of 16) as in force immediately before the commencement of item 1 of Part 1 of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 of the Commonwealth, if the offender was convicted and sentenced for the offence before that commencement.

    57     An offence against section 50BC or 50BD of the Crimes Act 1914 of the Commonwealth, as in force immediately before the commencement of item 1 of Part 1 of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 of the Commonwealth, if the offender was convicted and sentenced for the offence before that commencement.

    58     An offence against section 270.3, 270.5, 270.6, 270.6A or 270.7 of the Criminal Code of the Commonwealth.

    59     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.

    60     An offence against any of the following sections of the Criminal Code of the Commonwealth—

        (a)     section 272.8(1) or (2) (sexual intercourse with child outside Australia);

        (b)     section 272.11(1) (persistent sexual abuse of child outside Australia);

        (c)     section 272.12(1) or (2) (sexual intercourse with young person outside Australia—defendant in position of trust or authority);

        (d)     section 272.13(1) or (2) (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority);

        (e)     section 272.14(1) (procuring child to engage in sexual activity outside Australia);

        (f)     section 272.15(1) ("grooming" child to engage in sexual activity outside Australia);

        (g)     section 272.18(1) (benefiting from offence against this Division);

        (h)     section 272.19(1) (encouraging offence against this Division);

              (i)     section 272.20(1) or (2) (preparing for or planning an offence against this Division).

    61     An offence against any of the following sections of the Criminal Code of the Commonwealth—

        (a)     section 474.19(1) (using a carriage service for child pornography material);

        (b)     section 474.20(1) (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service);

        (c)     section 474.22(1) (using a carriage service for child abuse material);

        (d)     section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service);

        (e)     section 474.24A(1) (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people);

        (f)     section 474.25A(1) or (2) (using a carriage service for sexual activity with person under 16 years of age);

        (g)     section 474.25B(1) (aggravated offence—child with mental impairment or under care, supervision or authority of defendant);

        (h)     section 474.26 (using a carriage service to procure person under 16 years of age);

              (i)     section 474.27 (using a carriage service to "groom" person under 16 years of age);

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

    62     An offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or of child abuse material.

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

    64     An offence that is a previous corresponding enactment of an offence referred to in item 55.

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

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

    67     Any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence of a kind referred to in this Schedule.



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