(b) substantially corresponds to a final prohibition order; S. 3 def. of prohibition order Act inserted by No. 21/2016 s. 5(a). corresponding prohibition order Act means a law of another State or a Territory— (a) that provides for the making of orders restricting behaviour of corresponding registrable offenders who have committed specified offences; and (b) that is prescribed as a corresponding prohibition order Act for the purposes of this Act; corresponding registrable offence means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act; corresponding registrable offender has the meaning set out in section 9; corresponding registrar means the person whose duties and functions under a corresponding Act most closely correspond to the duties and functions of the Chief Commissioner of Police under this Act; corresponding sex offender registration order means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding sex offender registration order for the purposes of this Act; S. 3 def. of court amended by No. 21/2016 s. 5(b). court, except in Part 4A, includes a court (however described) of a foreign jurisdiction;
(d) serving a sentence referred to in section 6C(1) of the Corrections Act 1986; or (e) serving an order referred to in paragraph (a) of the definition of community service order in section 3; or (f) serving an order referred to in paragraph (a) of the definition of good behaviour bond in section 3 under which the person is required to submit to strict supervision; (g) serving a non-custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or (h) in custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a), (b) or (c) or serving a sentence imposed or order made under the laws of a foreign jurisdiction that is equivalent to a sentence or order referred to in paragraph (d), (e), (f) or (g); existing licensee means a person who under section 6C of the Corrections Act 1986 is not regarded as being in the Secretary's legal custody and includes a person who has a similar status under the laws of a foreign jurisdiction; S. 3 def. of final prohibition order inserted by No. 21/2016 s. 5(a). final prohibition order means an order made under section 66I;
fingerscan means fingerprints taken by means of a device to obtain a record of the fingerprints; finding of guilt—see section 4; foreign jurisdiction means a jurisdiction other than Victoria (including jurisdictions outside Australia); foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses; forensic patient has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3 def. of forensic resident inserted by No. 34/2005 s. 4(2). forensic resident has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3 def. of guardianship order inserted by No. 21/2016 s. 5(a). guardianship order has the same meaning as in the Guardianship and Administration Act 1986; S. 3 def. of good behaviour bond amended by Nos 48/2006 s. 42(Sch. item 33.2), 65/2011 s. 107(Sch. item 12.3), 26/2012 s. 78. good behaviour bond means— (a) an order under Subdivision (2) or (3) of Division 1 of Part 3BA of the Sentencing Act 1991 for the release of an offender on an adjournment (with or without recording a conviction); or (b) a bond under section 367 of the Children, Youth and Families Act 2005;
S. 11(6) amended by Nos 34/2005 s. 9(3), 82/2014 s. 5(3). (6) The court may only make an order under this section if an application for the making of the order is made by the prosecution not later than 45 days after the sentence is imposed. S. 11(6A) inserted by No. 34/2005 s. 9(4). (6A) If an application for the making of an order under this section is made after the sentence is imposed and an appeal against the finding of guilt or sentence is made before that application is determined, that application must not be determined before the appeal is determined. S. 11(7) repealed by No. 34/2005 s. 10(1). * * * * * (8) Division 5 of Part 3 applies to a person subject to an order made under subsection (2) as it would have if this Act had not contained section 6(3)(a). S. 11(9) inserted by No. 32/2016 s. 43. (9) Despite anything to the contrary in this section, in the circumstances specified in section 6B of the Serious Sex Offenders (Detention and Supervision) Act 2009, if an offender is not already a registrable offender under this Act, the court must make an order, in accordance with section 6B of that Act, that a person comply with the reporting obligations under this Act. S. 11(10) inserted by No. 32/2016 s. 43. (10) On the making of an order referred to in subsection (9)— (a) the offender is subject to that sex offender registration order; and (b) the offender is subject to the reporting obligations under this Act for the period specified in the sex offender registration order, being a period of at least 15 years; and (c) subject to section 6(5), the offender is taken to be a registrable offender for the purposes of this Act.
S. 17(1A) inserted by No. 52/2007 s. 15(2), amended by Nos 55/2009 s. 43, 82/2014 s. 7(2). (1A) A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(1)(d) or (1)(e) applies within one day after that change occurs. S. 17(1B) inserted by No. 55/2009 s. 42(6). (1B) A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(1)(m) applies— S. 17(1B)(a) amended by No. 82/2014 s. 7(3). (a) within 7 days after that change occurs; or S. 17(1B)(b) amended by No. 82/2014 s. 7(3). (b) if the registrable offender intends to leave Victoria to travel out of Australia within 7 days after that change occurs, at least 7 days before leaving Victoria. S. 17(2) amended by Nos 52/2007 s. 15(3), 82/2014 s. 7(4). (2) For the purposes of subsection (1) or (1A), a change occurs in the premises or household where the registrable offender generally resides, or as to when the registrable offender has contact with a child, or in the premises where the registrable offender is generally employed, or the motor vehicle that he or she generally drives, only on the expiry of the relevant period referred to in section 14(2). S. 17(3) amended by No. 82/2014 s. 7(5). (3) If the personal details of a registrable offender (other than one to whom Division 9 applies) change while he or she is not in Victoria, he or she must report the change to the Chief Commissioner of Police within 7 days after entering and
27 Power to take fingerprints or fingerscan S. 27(1) amended by No. 37/2014 s. 10(Sch. item 154.4(a)). (1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the police officer has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender. S. 27(2) amended by No. 37/2014 s. 10(Sch. item 154.4(b)). (2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent or guardian is available, an independent person. S. 27A inserted by No. 34/2005 s. 12. 27A Power to take photographs S. 27A(1) amended by No. 37/2014 s. 10(Sch. item 154.5(a)). (1) A police officer receiving a report made in person under this Part may require the registrable offender— (a) to be photographed; and (b) to expose any part of his or her body on which there are any tattoos or permanent distinguishing marks to enable that part of the body to be photographed— by the police officer or a person authorised by the police officer. S. 27A(2) amended by No. 37/2014 s. 10(Sch. item 154.5(b)). (2) A police officer cannot, under this section, require a registrable offender to expose his or her genitals, the anal area of his or her buttocks or, in the case of females or transgender people who identify as females, their breasts.
(a) prohibiting the registrable offender associating with or otherwise contacting a specified person or class of person; and Examples Persons aged less than 18 years, victims of the registrable offender or the victim's family members. (b) prohibiting the registrable offender being in, or anywhere within a specified distance of, a specified place or class of place; and (c) subject to section 66R, excluding the registrable offender from premises at which the registrable offender generally resides; and (d) prohibiting the registrable offender from engaging in specified behaviour; and (e) prohibiting the registrable offender from engaging in specified community activities; and (f) subject to subsection (3), prohibiting the registrable offender from engaging in specified employment or a specified kind of employment; and (g) prohibiting the registrable offender from consuming alcohol; and (h) prohibiting the registrable offender from using, or unlawfully obtaining, a drug of dependence. (3) In deciding whether to include a condition referred to in subsection (2)(f) in a prohibition order against a registrable offender who is a child, the Children's Court must consider the desirability of allowing the treatment, education, training or employment of the child to continue without interruption or disturbance.
Commissioner of Police to be notified of the registration order. S. 66ZS inserted by No. 21/2016 s. 8. 66ZS Variation of corresponding prohibition order before registration if corresponding registrable offender is a child (1) If the corresponding registrable offender is a child, in determining whether to vary a corresponding prohibition order before registration, the Children's Court must have regard to the matters set out in section 66K. (2) The Children's Court may also— (a) order the preparation of an assessment report; and (b) if the assessment report raises concerns about the impact on the child of varying the corresponding prohibition order, request the preparation of a community treatment report. (3) Section 66L applies in respect of an assessment report ordered under subsection (2)(a), as if the report had been ordered by the Children's Court under section 66L(1). S. 66ZT inserted by No. 21/2016 s. 8. 66ZT Corresponding registrable offender to be notified of registration order (1) If the court makes a registration order, the court must give the corresponding registrable offender a written notice that— (a) states that a registration order has been made; and (b) states the date on which the registration order was made; and (c) if the corresponding prohibition order was registered with variations, sets out the variations made by the registration order; and
(f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations. S. 75(3) inserted by No. 79/2006 s. 54(3). (3) Regulations made under section 75(1)(ha) may prescribe an entity as the supervising authority in relation to a class of offender even if the entity has no direct or actual supervision of offenders belonging to that class. Pt 7 (Heading and ss 76–79) repealed by No. 28/2007 s. 3(Sch. item 61.2). * * * * * 1 Section 7(2) Sch. 1 item 1 amended by Nos 34/2005 s. 24(1)(a), 2/2006 s. 45(1)(a), substituted by No. 74/2014 s. 33(1). 1. An offence against a provision of Subdivision (8A) 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. Note to item 1 inserted by No. 34/2005 s. 24(1)(b), amended by No. 2/2006 s. 45(1)(a) repealed by No. 74/2014 s. 33(1). * * * * *
Sch. 2 item 26A inserted by No. 34/2005 s. 24(2), amended by No. 42/2015 s. 28(3)(a). 26A. Without limiting item 26, an offence referred to in paragraph (ab), (ac), (b), (c), (d) or (e) of clause 1 of Schedule 1 to the Sentencing Act 1991 where the person against whom the offence is committed is a child other than an offence that is a Class 1 offence for the purposes of this Act by force of item 6A of Schedule 1. Sch. 2 item 27 repealed by No. 82/2014 s. 27(1). * * * * * 28. An offence against section 270.7 of the Criminal Code of the Commonwealth, where the person against whom the offence is committed is a child. Sch. 2 item 28AA inserted by No. 57/2005 s. 51(5). 28AA. 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. Sch. 2 item 28AB inserted by No. 82/2014 s. 27(2). 28AB. An offence against any of the following sections of the Criminal Code of the Commonwealth— (i) section 272.18(1) (benefiting from offence against this Division); (ii) section 272.19(1) (encouraging offence against this Division); (iii) section 272.20(1) and (2) (preparing for or planning offence against this Division); (iv) section 273.5(1) (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (v) section 273.6(1) (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (vi) section 273.7(1) (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people).
(ii) in the case of an offence committed before 1 October 2004, was an offence of a kind listed in this Schedule. 3 Section 8(1) Sch. 3 item 1 substituted by No. 74/2014 s. 33(3). 1. An offence against a provision of Subdivision (8A) of Division 1 of Part I of the Crimes Act 1958 that involves sexual penetration. Note to item 1 inserted by No. 34/2005 s. 24(3)(a), amended by No. 2/2006 s. 45(3)(a), repealed by No. 74/2014 s. 33(3). * * * * * Sch. 3 item 1A inserted by No. 2/2006 s. 45(3)(b) (as amended by No. 27/2006 s. 19), substituted by No. 74/2014 s. 33(3). 1A. An offence against a provision of Subdivisions (8B) to (8EA) of Division 1 of Part I of the Crimes Act 1958 that involves sexual penetration. 2. An offence against a provision of the Crimes Act 1958 amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in item 1. Sch. 3 item 2A inserted by No. 34/2005 s. 24(3)(b), amended by No. 42/2015 s. 28(3)(b). 2A. Without limiting item 2, an offence referred to in any of the following paragraphs of clause 1 of Schedule 1 to the Sentencing Act 1991— (a) paragraph (b)(i) and (ii);
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: Ss 129–137 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013 Assent Date: 4.6.13 Commencement Date: S. 60 on 27.7.13: Special Gazette (No. 226) 25.6.13 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013 Assent Date: 17.12.13 Commencement Date: S. 22 on 1.1.14: s. 2(4) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Crimes Amendment (Grooming) Act 2014, No. 7/2014 Assent Date: 25.2.14 Commencement Date: S. 5(1) on 9.4.14: Special Gazette (No. 112) 8.4.14 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 90) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Mental Health Act 2014, No. 26/2014 Assent Date: 8.4.14 Commencement Date: S. 455(Sch. item 27) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 154) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004