3 Definitions In this Act— child means any person who is under the age of 18 years; Class 1 offence means an offence listed in Schedule 1; Class 2 offence means an offence listed in Schedule 2; S. 3 def. of Class 3 offence substituted by No. 34/2005 s. 4(1). Class 3 offence has the meaning set out in section 8(1); S. 3 def. of Class 4 offence substituted by No. 34/2005 s. 4(1). Class 4 offence has the meaning set out in section 8(2); S. 3 def. of community service order amended by Nos 48/2006 s. 42(Sch. item 33.1), 65/2011 s. 107(Sch. items 12.1, 12.2), 32/2013 s. 60. community service order means— (a) an order under Division 3 of Part 3 of the Sentencing Act 1991 to which a program condition referred to in section 38(1)(b) or (d) is attached (as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011); or (ab) an order under Part 3A of the Sentencing Act 1991 to which one or more conditions referred to in section 48D, 48E, 48F, 48G, 48H, 48I or 48K or a requirement under section 48LA of the Sentencing Act 1991 is attached; or
A registrable offender who enters Victoria from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Chief Commissioner of Police Within 7 days after entering and remaining in Victoria for 14 or more consecutive days, not counting any days spent in government custody A corresponding registrable offender who has not previously reported his or her personal details to the Chief Commissioner of Police and who is in Victoria on the date on which he or she becomes a corresponding registrable offender Within 7 days after he or she becomes a corresponding registrable offender or 7 days after he or she ceases to be in government custody, whichever is the later A registrable offender referred to in section 11(9) and (10) Within 7 days after the order referred to in section 11(9) is made (2) Despite subsection (1), a registrable offender must report his or her personal details to the Chief Commissioner of Police before leaving Victoria unless he or she entered Victoria from a foreign jurisdiction and remained in Victoria for less than 14 consecutive days, not counting any days spent in government custody. 13 When new initial report must be made by offender whose previous reporting obligations have ceased (1) If a registrable offender's reporting period expires but he or she is then sentenced for a registrable
S. 45(1A) inserted by No. 55/2009 s. 40(1). (1A) If an order ceases to have effect in accordance with section 44(1), the Chief Commissioner may apply under this Division for a new order. (2) Section 43 does not apply with respect to an application referred to in subsection (1). S. 45(3) amended by No. 55/2009 s. 40(2). (3) If an order ceases to have effect in accordance with section 44(1)(b) or (c), on an application under section 39(2) for a new order, section 39(2)(a) applies as if the period referred to were a period of 15 years (ignoring any period during which he or she was in government custody) since he or she last committed a registrable offence or a corresponding registrable offence. S. 45A inserted by No. 82/2014 s. 16. 45A Chief Commissioner of Police may suspend reporting obligations for period not exceeding 12 months in certain circumstances (1) Subject to subsection (2), the Chief Commissioner of Police, by written notice served on a registrable offender, may suspend the registrable offender's reporting obligations for a period (not exceeding 12 months) specified in the notice. (2) The Chief Commissioner of Police must not act under subsection (1) unless satisfied that the registrable offender does not pose a risk to the sexual safety of one or more persons or of the community. (3) In deciding whether to act under subsection (1), the Chief Commissioner of Police must take into account— (a) the seriousness of the registrable offender's registrable offences and corresponding registrable offences; and (b) the period of time since those offences were committed; and
insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).
(No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014 Assent Date: 26.8.14 Commencement Date: S. 152 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 43) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014 (as amended by No. 20/2015) Assent Date: 21.10.14 Commencement Date: S. 33 on 1.7.15: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Sex Offenders Registration Amendment Act 2014, No. 82/2014 Assent Date: 21.10.14 Commencement Date: Ss 13–16, 20 on 22.10.14: s. 2(1); ss 3–12, 17–19, 21–27 on 1.6.15: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Justice Legislation Amendment Act 2015, No. 20/2015 Assent Date: 16.6.15 Commencement Date: Ss 13–15 on 17.6.15: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015 Assent Date: 22.9.15 Commencement Date: S. 28 on 1.12.15: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act, No. 52/2015
final prohibition order means an order made under section 66I; guardianship order has the same meaning as in the Guardianship and Administration Act 1986; interim prohibition order means an order made under section 66E; prohibition order means an interim prohibition order or a final prohibition order; registration order means an order made under section 66ZR for the registration of a corresponding prohibition order;"; (b) in the definition of court, before "includes" insert ", except in Part 4A,". 6 Register of Sex Offenders After section 62(2)(f) of the Principal Act insert— "(fa) if a prohibition order or a registration order has been made against the registrable offender, the details of that order; and". 7 Person with access to Register not to disclose personal information from it (1) In section 64(2) of the Principal Act— (a) in paragraph (c), for "Act." substitute "Act; or"; (b) after paragraph (c) insert—