Appendix C: Current categorisation of registrable offences

Table of contents

Registrable offences result in the offender becoming a registered sex offender. They are divided into four classes and listed in schedules 1 to 4 of the Sex Offenders Registration Act 2004 (Vic).

Class 1 and Class 2 offences are sexual offences involving children (except for the one offence of bestiality in Class 2). They result in the mandatory registration of adult offenders and the registration of child offenders where the court makes a sex offender registration order.

Class 3 and Class 4 offences are sexual offences committed by a serious sexual offender against someone other than a child. A serious sexual offender, for the purposes of the Sex Offenders Registration Act, is someone who has been sentenced for two or more of the offences listed in the schedules.1 Class 3 and Class 4 offences may result in registration if the sentencing court is satisfied, beyond reasonable doubt, that the offender poses a risk to the sexual safety of others or the community and consequently makes a sex offender registration order.

An offence that is not listed in a schedule may still result in registration under a sex offender registration order if the sentencing court is satisfied, beyond reasonable doubt, that the offender poses a risk to the sexual safety of others or the community.

Additional Class 1, 2, 3 and 4 offences may be prescribed by regulation. To date, this has not occurred.

The lists of offences in schedules 1 to 4 are summarised below. The Sex Offenders Registration Act refers to both current and some historical offences. This appendix contains a list of the offences as they currently exist at law.

Class 1 offences

Many of the offences listed in schedule 1 can be committed against either adults or children but, to be a Class 1 offence, the offence must have been committed against a child.

Crimes Act 1958 (Vic)

s 38

Rape

s 44

Incest: an act of sexual penetration with a person whom the perpetrator knows to be his or her child or other lineal descendant or step-child

s 45(1)

Sexual penetration of a child under the age of 16

s 48(1)

Sexual penetration of a 16- or 17-year-old child

s 51(1)

Sexual penetration of a person with a cognitive impairment by a person who provides medical or therapeutic services

s 51(2)

Sexual penetration of a person with a cognitive impairment by providers of special programs

s 38A

Compelling sexual penetration

s 47A

Persistent sexual abuse of a child under the age of 16

s 49A

Facilitating sexual offences against children

 

An offence against a provision of the Crimes Act 1958 (Vic) repealed or amended before 1 October 2004 the elements of which would have constituted the elements of any of the above offences

s 60AC

Aggravated sexual servitude against a person under the age of 18

 

Crimes Act 1914 (Cth)

s 50BA

Sexual intercourse with a child under the age of 16 outside Australia2

s 50BB

Inducing a child under the age of 16 to engage in sexual intercourse with a third party outside Australia in the presence of the defendant3

s 50DA

Benefiting from an offence involving child sex tourism4

s 50DB

Encouraging an offence involving child sex tourism5

 

Criminal Code Act 1995 (Cth)

s 270.6

Causing a child to enter or remain in sexual servitude

 

Other

 

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 schedule 1

 

An offence an element of which is an intention to commit an offence of a kind listed in schedule 1

 

An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in schedule 1

 

An offence that, at the time it was committed, was a Class 1 offence for the purposes of the Sex Offenders Registration Act 2004 (Vic) or, in the case of an offence committed before 1 October 2004, was an offence of a kind listed in schedule 16

 

Class 2 offences

Many of the offences listed in schedule 2 can be committed against either adults or children, but to be a Class 2 offence, the offence must have been committed against a child (except for the offence of bestiality).7

s 39

Indecent assault

s 40(1)

Assault with intent to rape

s 47(1)

Indecent act with a child under the age of 16

s 49(1)

Indecent act with a 16- or 17-year-old child

s 51(2)

Indecent act with a person with a cognitive impairment by providers of medical or therapeutic services

s 52(2)

Indecent act with a person with a cognitive impairment by providers of special programs

s 53

Administration of a drug to a person with the intention of engaging in sexual penetration or an indecent act with that person (or facilitating another person to do so)

s 54

Owner, occupier or manager of premises inducing or knowingly allowing a child under the age of 17 to enter or remain on the premises for the purpose of taking part in an unlawful act of sexual penetration

s 55

Taking a child away or detaining a child against their will with the intention of getting married to that child or taking part in an act of sexual penetration with that child, or with the intention that the child should marry or take part in an act of sexual penetration with another person

s 56

Abducting a child from their lawful carer with the intention that the child should take part in an act of sexual penetration outside marriage

s 57

Procuring a child to take part in an act of sexual penetration by threats, intimidation or any fraudulent means

s 58

Procuring a person under 16 years old to take part in an act of sexual penetration or an indecent act

s 59

Bestiality: offences involving sexual penetration of or by an animal1

s 60AE

Aggravated deceptive recruiting for commercial sexual services, where the offence is aggravated because it was committed against someone under the age of 18

s 60B(2)

Loitering near a school, kindergarten or childcare centre without reasonable excuse after having been found guilty of an offence of a sexual nature

s 68(1)

Production of child pornography

s 69

Inviting, procuring, causing or offering a minor to be in any way concerned in the making of child pornography

s 70(1)

Knowingly possessing child pornography

s 70AC

Inviting, procuring, causing or offering a minor to be in any way concerned in a sexual performance involving payment of the minor or any other person

s 76

Burglary where the offender entered the building as a trespasser with the intent to commit a sexual or indecent assault on a child

s 77

Aggravated burglary where the offender entered the building as a trespasser with the intent to commit a sexual or indecent assault on a child

 

Sex Work Act 1994 (Vic)

s 5(1)

Causing or inducing a child to take part in an act of sex work, whether as the sex worker or client

s 6(1)

Receiving payment knowing that it or any part of it has been derived, directly or indirectly, from sexual services provided by a child

s 7(1)

Entering into or offering to enter into an agreement under which a child is to provide sexual services

s 11(1)

Owner, occupier or manager of premises allowing a child to remain on the premises for the purpose of taking part in an act of sex work, whether as the sex worker or client

 

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Vic)

s 57A

Knowingly using an online information service to publish or transmit child pornography

 

Other

 

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 above

 

Crimes Act 1914 (Cth)

s 50BC

Sexual conduct involving a person under the age of 16 outside Australia9

s 50BD

Inducing a child under the age of 16 to be involved in sexual conduct with a third party outside Australia10

Criminal Code Act 1995 (Cth)

s 270.7

Deceptive recruiting for sexual services

s 271.4

Trafficking children into or out of Australia

s 271.7

Domestic trafficking in children

s 474.19(1)

Using a carriage service to access, transmit or solicit child pornography

s 474.20(1)

Possessing, controlling, producing, supplying or obtaining child pornography material with the intent to commit an offence under s 474.19

s 474.22(1)

Using a carriage service to access, transmit or solicit child abuse material

s 474.23(1)

Possessing, controlling, producing, supplying or obtaining child abuse material with the intent to commit an offence under s 474.22

s 474.26

Using a carriage service to procure a person under 16 years of age with the intention of engaging in sexual activity

s 474.27

Using a carriage service to groom persons under 16 years of age

 

Customs Act 1901 (Cth)

s 233BAB

Intentional importation of child pornography or child abuse material

 

Other

 

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 schedule 2

 

An offence an element of which is an intention to commit an offence of a kind listed in schedule 2

 

An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in schedule 2

 

An offence that, at the time it was committed, was a Class 2 offence for the purposes of the Sex Offenders Registration Act 2004 (Vic) or, in the case of an offence committed before 1 October 2004, was an offence of a kind listed in schedule 211

 

Class 3 offences

Many of the offences listed in schedule 3 are similar to the Class 1 offences, but committed against adults rather than children.

Crimes Act 1958 (Vic)

s 38

Rape

s 44

Incest: an act of sexual penetration with a person whom the perpetrator knows to be their child or other lineal descendant or step-child

s 51(1)

Sexual penetration of a person with a cognitive impairment by a provider of medical or therapeutic services

s 52(1)

Sexual penetration of a person with a cognitive impairment by a person who provides special programs

s 38A

Compelling another person to take part in an act of sexual penetration

 

An offence against a provision of the Crimes Act 1958 (Vic) repealed or amended before 1 October 2004 the elements of which would have constituted the elements of any of the above offences

Other

 

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 schedule 3

 

An offence an element of which is an intention to commit an offence of a kind listed in schedule 3

 

An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in schedule 3

 

An offence that, at the time it was committed, was a Class 3 offence for the purposes of the Sex Offenders Registration Act 2004 (Vic) or, in the case of an offence committed before 1 October 2004, was an offence of a kind listed in schedule 312

 

Class 4 offences

Many of the offences listed in schedule 4 are similar to the Class 2 offences, but committed against adults rather than children.

Crimes Act 1958 (Vic)

s 39

Indecent assault

s 40(1)

Assault with intent to rape

s 51(2)

Indecent act with a person with a cognitive impairment by providers of medical or therapeutic services

s 52(2)

Indecent act with a person with a cognitive impairment by providers of special programs

s 53

Administration of a drug to a person with the intention of engaging in sexual penetration or an indecent act with that person (or facilitating another person to do so)

s 55

Taking a person away or detaining a person against their will with the intention of getting married to that person or taking part in an act of sexual penetration with that person, or with the intention that the person should marry or take part in an act of sexual penetration with another person

s 57

Procuring a person to take part in an act of sexual penetration by threats, intimidation or any fraudulent means

s 60AB

Sexual servitude: causing another person to provide sexual services by use of force, threat, unlawful detention, fraud, misrepresentation or enforcing an excessive debt

s 60AD

Deceptive recruiting for commercial sexual services

s 76

Burglary where the offender entered the building as a trespasser with the intent to commit a sexual or indecent assault

s 77

Aggravated burglary where the offender entered the building as a trespasser with the intent to commit a sexual or indecent assault

 

An offence against a provision of the Crimes Act 1958 (Vic) repealed or amended before 1 October 2004 the elements of which would have constituted the elements of any of the above offences

 

Other

 

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 schedule 4

 

An offence an element of which is an intention to commit an offence of a kind listed in schedule 4

 

An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in schedule 4

 

An offence that, at the time it was committed, was a Class 4 offence for the purposes of the Sex Offenders Registration Act 2004 (Vic) or, in the case of an offence committed before 1 October 2004, was an offence of a kind listed in schedule 413

 

 

 

 

 

Footnotes

2 This section of the Crimes Act 1914 (Cth) has been repealed: Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cth) pt 1. The offence is now covered by Criminal Code Act 1995 (Cth) s 272.8(1).

8 As noted above, the effect of including bestiality in Class 2 is unclear, because an offence involving a child being forced to engage in an act of bestiality would be the Class 1 offence of compelling a victim to take part in an act of bestiality: Crimes Act 1958 (Vic) s 38A(2)(b).

11 The law in Victoria in relation to sexual offences has changed significantly over a number of decades and some historical offences have been renamed or no longer exist at law. The purpose of this provision is to ensure that the historical offences are brought within the ambit of the Sex Offenders Registration Act 2004 (Vic) where the substance of the historical and current offences is the same. Schedule 3 of the Sex Offenders Registration Act 2004 (Vic) lists a number of references in the Sentencing Act 1991 (Vic) to offences that no longer exist at law.

12 The law in Victoria in relation to sexual offences has changed significantly over a number of decades and some historical offences have been renamed or no longer exist at law. The purpose of this provision is to ensure that the historical offences are brought within the ambit of the Sex Offenders Registration Act 2004 (Vic), where the substance of the historical and current offences is the same. Schedule 3 of the Sex Offenders Registration Act 2004 (Vic) lists a number of references in the Sentencing Act 1991 (Vic) to offences that no longer exist at law.

Main menu

Back to top