Sex Offenders Registration Act 2004 (Vic)
Version No. 076
Sex Offenders Registration Act 2004
No. 56 of 2004
Version incorporating amendments as at
11 September 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary matters
1Purpose and outline
2Commencement
3Definitions
4Meaning of finding of guilt
4AWhen does a registrable offender have contact with a child?
5Other reference provisions
Part 2—Offenders to whom Act applies
Division 1—Registrable offenders
6Who is a registrable offender?
7What is a registrable offence?
8What are Class 3 and Class 4 offences?
9Who is a corresponding registrable offender?
10Who is a New South Wales registrable offender?
11Sex offender registration order
Division 2—Registration exemption orders
11AApplication for registration exemption order
11BDetermination of application
11CWhen application may be made
11DHow application is made
11EEffect of registration exemption order
11FChief Commissioner of Police is party to application
11GAdmissibility of evidence in hearing of application
Part 3—Reporting obligations
Division 1—Initial report
12When the report must be made
13When new initial report must be made by offender whose previous reporting obligations have ceased
14Initial report by registrable offender of personal details
15Persons required to report under corresponding Act
Division 2—Ongoing reporting obligations
16Registrable offender must report annually
17Registrable offender must report changes to relevant personal details
18Intended absence from Victoria to be reported
19Change of travel plans while out of Victoria to be given
20Registrable offender to report return to Victoria or decision not to leave
21Report of other absences from Victoria
21AAdditional reporting obligation in relation to travel out of Australia
Division 3—Provisions applying to all reporting obligations
22Where report is to be made
23How reports to be made
23ACircumstances for electronic reporting
24Right to privacy and support when reporting
25Receipt of information to be acknowledged
26Additional matters to be provided
27Power to take fingerprints or fingerscan
27APower to take photographs
28Reasonable force may be used to obtain fingerprints
29Photographs
30Retention of material for certain purposes
30ARetention of material when registration exemption order made
31Reporting by remote offenders
Division 4—Suspension and extension of reporting obligations
32Suspension and extension of reporting obligations
Division 5—Reporting period
33When reporting obligations begin
34Length of reporting period
35Reduced period applies for juvenile registrable offenders
35AAReporting period for serious sex offender
35AReporting period to run during suspension
35BReporting period to run while registration exemption order in force
36Extended reporting period if registrable offender still on parole
37Reporting period for corresponding registrable offenders
38Reporting period for New South Wales registrable offenders
Division 6—Suspension from reporting obligations
39Supreme Court may suspend certain registrable offenders' reporting obligations
39AChief Commissioner may apply for suspension from reporting obligations
39BHow application is made
40Order for suspension
41Chief Commissioner is party to application
42No costs to be awarded
43Restriction on right of unsuccessful applicant to re‑apply for order
44Cessation of order
44AChief Commissioner may apply for revocation of suspension order
45Application for new order
45AChief Commissioner of Police may suspend reporting obligations for period not exceeding 5 years in certain circumstances
Division 7—Offences
46Offence of failing to comply with reporting obligations
47Offence of furnishing false or misleading information
47ASearch warrants
47BExpiry of search warrant
47CPower to require assistance from person with knowledge of a computer or computer network
48Time limit for prosecutions waived
49Bar to prosecution for failing to report leaving Victoria
Division 8—Notification of reporting obligations
50Notice to be given to registrable offender
51Courts to provide information to Chief Commissioner of Police
52Notice to be given when reporting period changes
53Supervising authority to notify Chief Commissioner of Police of certain events
54Notices may be given by Chief Commissioner
55Failure to comply with procedural requirements does not affect registrable offender's obligations
Division 9—Modified reporting procedures for protected witnesses
56Who this Division applies to
57Report need not be made in person
58Order as to whether this Division applies
59Appeal against order
60When order takes effect
61Modification of ongoing reporting obligations
Division 10—Publication of information about registrable offender who fails to comply with reporting obligations
61AChief Commissioner of Police may publish information if registrable offender cannot be located
61BChief Commissioner of Police must attempt to notify registrable offender before publication
61CRestrictions on publication
61DChief Commissioner of Police to take into account certain matters before publishing
61ERemoval of information
61FDisclosure by senior police of personal information published under this Division
61GOffence—republication by third parties that would incite, or would be likely to incite, animosity or harassment
Part 4—The Sex Offender Register
62Register of Sex Offenders
63Access to the Register to be restricted
64Person with access to Register not to disclose personal information from it
64ADisclosure of de-identified information
65Restriction on who may access personal information on protected witnesses
66Registrable offender's rights in relation to Register
Part 4A—Prohibition orders
Division 1—Preliminary
66ADefinitions
66BSexual safety of the community paramount in prohibition order decisions
66CWhen is a registrable offender properly notified of an order?
Division 2—Application for a prohibition order
66DMaking application for a prohibition order
Division 3—Interim prohibition orders
66ECourt may make an interim prohibition order
66FExplanation of interim prohibition order
66GHearing to be listed about final prohibition order as soon as practicable
66HDuration of interim prohibition orders
Division 4—Final prohibition orders
66ICourt may make a final prohibition order
66JConsiderations in making a final prohibition order
66KAdditional considerations if the registrable offender is a child
66LChildren's Court must order assessment report
66MWhere assessment report raises concerns about impact of final prohibition order
66NCourt to consider interim prohibition order if hearing adjourned
66OExplanation of final prohibition order
66PDuration of final prohibition order
Division 5—Prohibition order conditions
66QConditions to be included in prohibition order
66RExclusion conditions where registrable offender is a child
66SDrug testing conditions and alcohol testing conditions
66TRegistrable offender to submit to testing for drugs and alcohol
Division 6—Monitoring conditions and powers of entry, search and seizure under monitoring conditions
66UCourt may include monitoring conditions in a prohibition order
66VPowers of entry under monitoring condition
66WSearch powers after entry
66XPolice officer may direct registrable offender to provide assistance—computers and other devices
66YPower to seize
66ZRecording and register of seized things
66ZAPolice officer must provide receipt for seized things
66ZBRetention of seized things by Chief Commissioner of Police
66ZCReturn of seized property—retrieval notices
66ZDReturn of seized property—application to Magistrates' Court
66ZEChief Commissioner of Police may apply for disposal order
66ZFDestruction or disposal of seized things with owner's consent
66ZGProceeds of sale or disposal to be paid into Consolidated Fund
Division 7—Variation, extension and revocation of prohibition orders
66ZHApplication to vary or revoke a prohibition order
66ZIApplication to extend a final prohibition order
66ZJConsiderations in determining whether to vary or revoke interim prohibition orders
66ZKConsiderations in varying, revoking or extending final prohibition orders
66ZLCourt may vary a prohibition order
66ZMCourt may revoke a prohibition order
66ZNCourt may extend a final prohibition order
66ZOCourt may make orders under this Division by consent
Division 8—Contravention of prohibition order
66ZPOffence to contravene prohibition order
Division 9—Corresponding prohibition orders
66ZQApplication for registration of corresponding prohibition order
66ZRRegistration of corresponding prohibition order
66ZSVariation of corresponding prohibition order before registration if corresponding registrable offender is a child
66ZTCorresponding registrable offender to be notified of registration order
66ZUDuration of registration order
66ZVEffect of registration order
66ZWNo effect in Victoria if corresponding prohibition order varied or extended by interstate court
66ZXApplication for variation of a registration order
66ZYConsiderations in making an order varying a registration order
66ZZCourt may vary a registration order
66ZZARevocation of a registration order
Division 10—Miscellaneous
66ZZBCourt may prohibit publication of proceedings
66ZZCChief Commissioner of Police may disclose personal information about prohibition orders and registration orders
66ZZDService of orders and applications made by Chief Commissioner of Police
Part 5—Registrable offenders prohibited from child-related employment
67Definitions
68Registrable offender excluded from child-related employment
69Offence to fail to disclose charges
70Confidentiality of information
Part 5A—Change of name
70AApplication of Part
70BDefinitions
70CApplications for change of name by or on behalf of a registrable offender
70DApproval by Chief Commissioner of Police
70EApproval to be notified in writing
70FRegistration of change of name
70GRegistrar may correct Register
70HLapse of application where offender ceases to be a registrable offender
70IInformation-sharing between the Secretary and the Victorian Registrar
70JRegistrable offender who is also subject to a supervision or detention order
70KRegistrable offender who is also a prisoner on parole
Part 5B—Monitoring of compliance and reporting
70LIBAC to monitor compliance with Parts 3 and 4
70MIBAC to be given reasonable assistance
70NPowers in relation to monitoring
70OReports on monitoring compliance
70PChief Commissioner of Police to report to Minister
Part 5C—Approval of making of acknowledgement of sex applications—registrable offenders
70QOffence to make acknowledgement of sex application without approval
70RApplication by registrable offender or other person for approval of Chief Commissioner of Police
70SApproval by Chief Commissioner of Police of the making of acknowledgement of sex application
70TCopy of approval or refusal of Chief Commissioner of Police
70ULapse of application where registrable offender ceases to be a registrable offender
70VRegistrable offender who is also subject to a supervision or detention order
70WRegistrable offender who is also a prisoner on parole
Part 6—Other matters
71Exclusion of liability
71ADisclosure of personal information—supervising authorities
72Effect of spent convictions
73Certificate concerning evidence
73ATransitional provisions—Sex Offenders Registration (Amendment) Act 2005
73BTransitional provision—Justice Legislation (Further Amendment) Act 2006
73CTransitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
73DTransitional provision—Integrity and Accountability Legislation Amendment Act 2012
73ETransitional provisions—Sex Offenders Registration Amendment Act 2014
73FTransitional provisions—Sex Offenders Registration Amendment Act 2016
73GTransitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
73JSaving of orders continued in effect after commencement by Serious Offenders Act 2018
73KTransitional provision—Firearms and Other Acts Amendment Act 2021—Application for registration exemption order
74Supreme Court—limitation of jurisdiction
74ARules of court
75Regulations
75ATransitional provisions—Corrections Legislation Amendment Act 2025
Schedules
Schedule 1—Class 1 offences
Schedule 2—Class 2 offences
Schedule 3—Class 3 offences
Schedule 4—Class 4 offences
Schedule 5—Specified offences
Schedule 6—Transitional provisions—Corrections Legislation Amendment Act 2025
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 076
Sex Offenders Registration Act 2004
No. 56 of 2004
Version incorporating amendments as at
11 September 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1Purpose and outline
(1)The purpose of this Act is—
(a)to require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time—
(i)to reduce the likelihood that they will re-offend; and
(ii)to facilitate the investigation and prosecution of any offences that they may commit;
(b)to prevent registrable offenders working in child-related employment;
(c)to empower the IBAC to monitor compliance with Parts 3 and 4 of this Act;
(d)to provide for the making of prohibition orders to prevent registrable offenders engaging in certain conduct.
(2)In outline this Act—
(a)provides for the establishment of a Register of Sex Offenders; and
(b)requires certain offenders who are sentenced for registrable offences on or after 1 October 2004 to report specified personal details for inclusion in the Register (and extends this requirement to certain offenders sentenced for registrable offences before that date); and
(c)enables the sentencing court to order juvenile offenders and offenders who commit certain sexual offences against adult victims to comply with the reporting obligations of the Act; and
(d)requires those offenders to keep those details up to date, to report those details annually and to also report certain of their travel plans; and
(e)imposes those reporting obligations for a period of between 4 years and life, depending on the number, severity and timing of the offences committed, and the age of the offender at the time an offence was committed; and
(f)allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and
(g)makes it an offence for registrable offenders to work in child-related employment; and
(h)empowers the IBAC to monitor compliance with Parts 3 and 4 of this Act;
(i)provides for the making of prohibition orders to prevent registrable offenders engaging in certain conduct.
2Commencement
This Act comes into operation on 1 October 2004.
3Definitions
(1)In this Act—
acknowledgement of sex application means an application—
(a)under section 30A or 30E of the Births, Deaths and Marriages Registration Act 1996; or
(b)under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;
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;
Class 3 offence has the meaning set out in section 8(1);
Class 4 offence has the meaning set out in section 8(2);
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
(b)a youth attendance order within the meaning of the Children, Youth and Families Act 2005; or
(c)a youth supervision order within the meaning of the Children, Youth and Families Act 2005 where the person is required to engage in community service activities by a direction under section 389(1)(g) of that Act;
contact—see section 4A;
corresponding Act means a law of a foreign jurisdiction—
(a)that provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and
(b)that the regulations state is a corresponding Act for the purposes of this Act;
corresponding prohibition order means an order that—
(a)is made under a corresponding prohibition order Act; and
(b)substantially corresponds to a final prohibition order;
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;
court, except in Part 4A, includes a court (however described) of a foreign jurisdiction;
detainee means a person detained in a youth justice centre or youth residential centre within the meaning of the Children, Youth and Families Act 2005;
detention order has the same meaning as in the Serious Offenders Act 2018;
* * * * *
disability has the same meaning as it has in the Equal Opportunity Act 2010;
Note
The meaning of disability is affected by section 5(2).
eligible offender has the same meaning as in the Serious Offenders Act 2018;
existing controlled registrable offender means a person who, as a result of having been sentenced for a registrable offence committed when he or she was 18 years of age or older, was immediately before 1 October 2004—
(a)an inmate; or
(b)a person detained in a youth training centre or youth residential centre within the meaning of the Children and Young Persons Act 1989; or
(c)a forensic patient detained in custody under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or
(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;
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;
forensic resident has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
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;
government custody means—
(a)custody as—
(i)an inmate; or
(ii)a detainee; or
(iii)a forensic patient under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or
(iv)a forensic resident under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or
(iva)a person detained in a residential treatment facility in accordance with a residential treatment order made under section 82AA of the Sentencing Act 1991; or
(ivb)a child placed in a secure welfare service in accordance with section 173(2)(b) of the Children, Youth and Families Act 2005; or
(v)a security patient subject to a Court Secure Treatment Order within the meaning of the Sentencing Act 1991; or
(vi)a security patient subject to a Secure Treatment Order within the meaning of the Mental Health and Wellbeing Act 2022; or
* * * * *
(ix)a security patient taken to another designated mental health service under section 555 or 556 of the Mental Health and Wellbeing Act 2022; or
(b)custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a);
guardianship order has the same meaning as in the Guardianship and Administration Act 2019;
IBAChas the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011;
IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;
inmatemeans a person who under Part 1A of the Corrections Act 1986 is deemed to be in the legal custody of the Secretary or the Chief Commissioner of Police;
interim prohibition order means an order made under section 66E;
involuntary patient has the same meaning as patient has in section 3(1) of the Mental Health and Wellbeing Act 2022;
New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales;
New South Wales registrable offender has the meaning set out in section 10;
parole means an order referred to in section 74 of the Corrections Act 1986 and includes any equivalent order made under the laws of a foreign jurisdiction;
personal details means the information listed in section 14(1);
personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information;
police officer has the same meaning as in the Victoria Police Act 2013;
* * * * *
prohibition order means an interim prohibition order or a final prohibition order;
Register means the Register of Sex Offenders established, or arranged to be established, under section 62;
registrable offence has the meaning set out in section 7;
registrable offender has the meaning set out in section 6;
Registrar means—
(a)the Victorian Registrar; or
(b)an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;
registration exemption order means an order made under section 11B;
registration order means an order made under section 66ZR for the registration of a corresponding prohibition order;
reporting obligations, in relation to a registrable offender, means the obligations imposed on the registrable offender by this Act;
reporting period means the period, as determined under Division 5 of Part 3, during which a registrable offender must comply with his or her reporting obligations;
Secretary has the same meaning as in the Corrections Act 1986;
security patient has the same meaning as in the Mental Health and Wellbeing Act 2022;
sentence includes—
(a)a sentence within the meaning of the Criminal Procedure Act 2009 or the Children, Youth and Families Act 2005, including an order for the adjournment of a proceeding under section 59 of the Criminal Procedure Act 2009; and
(ab)a declaration under section 18(4)(a) or 23(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the accused is liable to supervision under Part 5 of that Act; and
(aba)a declaration under section 38Y(4)(a) or 38ZD(1)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the child is liable to supervision under Division 5 of Part 5A of that Act; and
(ac)an order that the accused be released unconditionally made under section 18(4)(b), 23(b), 38Y(4)(b) or 38ZD(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; and
(ad)an order made under section 93 of the Sentencing Act 1991; and
(b)any order made under the laws of a foreign jurisdiction that is equivalent to an order referred to in paragraph (a);
serious sex offence has the same meaning as in the Serious Offenders Act 2018;
sex offender registration order means an order made under section 11 and includes a corresponding sex offender registration order;
specified offence means a Class 1 or Class 2 offence referred to in Schedule 5;
* * * * *
strict supervision means supervision by—
(a)the Secretary; or
(b)a person employed within the Department of Justice and Community Safety; or
(c)an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a) or (b);
supervised sentence means—
(a)a sentence referred to in section 6C(1) of the Corrections Act 1986; or
(b)a community service order; or
(c)a good behaviour bond under which the person is required to submit to strict supervision; or
(ca)an order referred to in section 360(1) of the Children, Youth and Families Act 2005 under which the child is required to submit to strict supervision; or
* * * * *
(d)a non-custodial supervision order made under section 26(2)(b) or 38ZH(5)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
supervising authority means—
(a)the Secretary in relation to an offender serving—
(i)a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence; or
(ii)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; and
(b)the entity deemed by the regulations for the purposes of this definition to have custody of, or to be responsible for supervising, the class of offender to which any other offender belongs;
supervision order has the same meaning as in the Serious Offenders Act 2018;
sworn IBAC Officer has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011;
Victorian Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996.
(2)A person who, on the day of commencement of section 24 of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017, is a person described in paragraph (iva) or (ivb) of the definition of government custody is taken to have entered government custody on that day.
4Meaning of finding of guilt
(1)For the purposes of this Act, a reference to a finding of guilt in relation to an offence (however expressed) committed by a person is a reference to any of the following—
(a)a court making a formal finding of guilt in relation to the offence;
(b)a court accepting a plea of guilty from the person in relation to the offence;
(c)a court accepting an admission made under and for the purposes of section 100 of the Sentencing Act 1991, or under equivalent provisions of the laws of a foreign jurisdiction;
(d)a finding in relation to the offence under section 17(1)(b) or (c) or section 38X(1)(b) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or under section 17(1)(c) or 38X(1)(c) of that Act in relation to an offence available as an alternative or a finding under that Act of not guilty because of mental impairment, or a finding under equivalent provisions of the laws of a foreign jurisdiction.
(2)A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.
4AWhen does a registrable offender have contact with a child?
For the purposes of this Act, a registrable offender has contact with a child if the offender—
(a)resides with the child; or
(b)stays overnight at a place of residence where the child resides or is staying overnight; or
(c)cares for, or supervises, the child; or
(d)provides the offender's contact details to the child or receives the child's contact details from the child; or
(e)engages in any of the following with the child for the purpose of forming or maintaining a personal relationship with the child—
(i)any form of actual physical contact;
(ii)any form of oral communication (whether face to face, by telephone or by use of the internet);
(iii)any form of written communication (whether electronic or otherwise).
5Other reference provisions
(1)For the purposes of this Act, offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person.
(2)For the purposes of this Act and without limiting the meaning of disability given by section 3, a person has a disability if he or she is a forensic patient or a forensic resident within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
(3)A reference to doing a thing "in person" in this Act is a reference to doing the thing by personal attendance at a place—it is not sufficient to attend the place by telephone or by any other electronic means.
PART 2—OFFENDERS TO WHOM ACT APPLIES
Division 1—Registrable offenders
6Who is a registrable offender?
(1)Subject to subsections (4) to (6), a registrable offender is a person whom a court has at any time (whether before, on or after 1 October 2004) sentenced for a registrable offence.
Notes
1 Sentence is broadly defined in section 3.
2 This Act applies to persons sentenced by a court of a foreign jurisdiction for certain offences under the law of that jurisdiction—see the definition of court in section 3 and see section 7 for the definition of registrable offence.
3 This Act applies to certain people who are registrable offenders for the purposes of equivalent laws outside Victoria, even though they are not registrable offenders under this Act—see section 15.
4 The effect of this Act is that any adult offender sentenced at any time (including before 1 October 2004 and still serving the sentence immediately before that date) for a Class 1 or Class 2 offence must comply with the reporting obligations of Part 3.
(1A)Subject to subsection (5), a person who is subject to a sex offender registration order made under section 11(9) is also a registrable offender.
(2)Subject to subsection (2B), a person who is—
(a)a corresponding registrable offender; or
(b)a New South Wales registrable offender—
is also a registrable offender.
(2A)A person is not a registrable offender merely because the person committed a specified offence for which the person has been sentenced if a court declares, by order made under section 11B, that the person is not a registrable offender in respect of that offence.
Note
A person may become a registrable offender in respect of another offence—see section 11E(3).
(2B)A person is not a registrable offender merely because the person is a corresponding registrable offender or a New South Wales registrable offender in respect of a specified offence committed in Victoria if a court declares, by order made under section 11B, that the person is not a registrable offender in respect of that offence.
* * * * *
(4)Unless he or she is a registrable offender because of subsection (2) or is an existing controlled registrable offender, a person is not a registrable offender merely because he or she was sentenced for a registrable offence before 1 October 2004.
(5)A person is also not a registrable offender if he or she is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.
(6)A person ceases to be a registrable offender if—
(a)his or her finding of guilt in respect of the only registrable offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or
(b)his or her sentence in respect of that offence is reduced or altered so that he or she would have been a person described in subsection (3)(b) had the amended sentence been the original sentence; or
(c)he or she is a registrable offender only because he or she is subject to a sex offender registration order and that order is quashed on appeal.
(7)For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or sex offender registration order.
* * * * *
* * * * *
7What is a registrable offence?
(1)A registrable offence is—
(a)a Class 1 offence committed as an adult; or
(b)a Class 2 offence committed as an adult; or
(c)an offence that results in the making of a sex offender registration order.
Note
Any other offence committed as an adult or an offence committed as a child may result in the making of a sex offender registration order under section 11(1), (1A), (2) or (2A).
(2)Schedule 1 lists the offences that are Class 1 offences for the purposes of this Act.
(3)Schedule 2 lists the offences that are Class 2 offences for the purposes of this Act.
8What are Class 3 and Class 4 offences?
(1)A Class 3 offence is an offence listed in Schedule 3 committed against a person other than a child by a person who is (whether because of, or apart from, that offence) a serious sexual offender for the purposes of this section.
(2)A Class 4 offence is an offence listed in Schedule 4 committed against a person other than a child by a person who is (whether because of, or apart from, that offence) a serious sexual offender for the purposes of this section.
(3)For the purposes of this section a person is a serious sexual offender if he or she has at any time (whether before, on or after 1 October 2004) been sentenced by a court for 2 or more offences listed in a Schedule to this Act whether—
(a)in the one trial or hearing; or
(b)in different trials or hearings held at different times; or
(c)in separate trials of different charges in the one indictment.
Note
The term serious sexual offender is also defined in section 6B of the Sentencing Act 1991 for the purposes of Part 2A of that Act. However, the term is differently defined in that Act.
9Who is a corresponding registrable offender?
(1)A corresponding registrable offender is a person who—
(a)had at any time (whether before, on or after the commencement of section 8 of the Sex Offenders Registration (Amendment) Act 2005) been in a foreign jurisdiction and at that time had been required to report to the corresponding registrar in that jurisdiction; and
(b)would, if he or she were currently in that jurisdiction, be still required to report to that corresponding registrar.
(2)A person referred to in subsection (1) is a corresponding registrable offender even if the offence in respect of which he or she is required to report in the foreign jurisdiction is not a registrable offence for the purposes of this Act.
10Who is a New South Wales registrable offender?
A New South Wales registrable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person who falls within a class of person whom the regulations prescribe not to be a New South Wales registrable offender for the purposes of this Act.
11Sex offender registration order
(1)If a court finds a person guilty of an offence committed as an adult that is not a Class 1 or Class 2 offence (including an offence that is a Class 3 or Class 4 offence), it may order that the person comply with the reporting obligations of this Act.
(1A)On an application by a police officer, the Magistrates' Court may order that a person who is found guilty by a court of a foreign jurisdiction of an offence committed as an adult that is not a Class 1 or Class 2 offence (including a Class 3 or Class 4 offence) comply with the reporting obligations of this Act.
(2)If a court finds a person guilty of an offence committed as a child (including a Class 1, Class 2, Class 3 or Class 4 offence), it may order that the person comply with the reporting obligations of this Act.
(2A)On an application by a police officer, a court may order that a person who is found guilty by a court of a foreign jurisdiction of an offence committed as a child (including a Class 1, Class 2, Class 3 or Class 4 offence) comply with the reporting obligations of this Act.
(2AB)An application under subsection (2A) must be made to—
(a)the Magistrates' Court, if the person to whom the application relates is an adult; or
(b)the Children's Court, if the person to whom the application relates is a child.
(2B)An order under subsection (2) or (2A), for any period during which the person is a child, may—
(a)exempt the person from any particular reporting obligation; or
(b)modify any particular reporting obligation.
(3)The court may only make an order under this section if, after taking into account any matter that it considers appropriate, it is satisfied, beyond reasonable doubt, that the person poses a risk to the sexual safety of one or more persons or of the community.
(4)For the purposes of subsection (3), it is not necessary that the court be able to identify a risk to particular people, or a particular class of people.
(5)The court may only make an order under this section if it or a court of a foreign jurisdiction has imposed a sentence in relation to the offence (other than an order referred to in section 360(1)(b), 360(1)(c) or 360(1)(d) of the Children, Youth and Families Act 2005).
(6)The court may only make an order under this section (other than an order referred to in subsection (1A) or (2A)) if an application for the making of the order is made by the prosecution not later than 45 days after the sentence is imposed.
(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.
* * * * *
* * * * *
(9)Despite anything to the contrary in this section, in the circumstances specified in section 341 of the Serious Offenders Act 2018, if an offender is not already a registrable offender under this Act, the court must make an order, in accordance with section 341 of that Act, that a person comply with the reporting obligations under this Act.
(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.
* * * * *
(11)A registrable offender is subject to an order made under this section for the remainder of the registrable offender's life, regardless of the period for which the registrable offender must comply with the reporting obligations of this Act, unless the order is quashed or set aside by a court.
Division 2—Registration exemption orders
11AApplication for registration exemption order
(1)Subject to this section, a person who has been found guilty by a court of a registrable offence that is a specified offence may apply for a registration exemption order in respect of the offence if the person—
(a)at any time during the commission of the offence, was 18 or 19 years of age; and
(b)at all times during the commission of the offence, was not more than 19 years of age.
(2)A person may not apply for a registration exemption order if the person—
(a)has been found guilty of another registrable offence that is not a specified offence; or
(b)has been found guilty of another specified offence for which an application for a registration exemption order has been refused; or
(c)was a registrable offender at the time the person committed the specified offence to which the application relates; or
(d)is a corresponding registrable offender or a New South Wales registrable offender.
(3)A person may not apply for a registration exemption order in respect of a specified offence against more than one victim unless the offence relates to the possession of child abuse material.
(4)An application may relate to more than one specified offence if—
(a)each specified offence relates to the possession of child abuse material; or
(b)each specified offence was committed against the same victim.
11BDetermination of application
(1)On the hearing of an application under section 11A, a court may, by order, declare that the applicant is not a registrable offender in respect of a specified offence if the court is satisfied on the balance of probabilities that—
(a)at all times during the commission of the specified offence—
(i)any victim of the offence is of or over the age of 14 years; or
(ii)any person depicted or described in any material to which the offence relates is of or over the age of 14 years; and
(b)the applicant poses no risk or a low risk to the sexual safety of one or more persons or of the community, having regard to—
(i)the seriousness of the specified offence; and
(ii)the ages of the applicant and any victim of the specified offence at the time of the commission of the specified offence; and
(iii)whether any victim of the specified offence was under the care, supervision or authority of the applicant at the time of the specified offence; and
(iv)whether any victim of the specified offence had a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the Crimes Act 1958 at the time of the commission of the specified offence; and
(v)where the application relates to more than one specified offence—the number and nature of those specified offences, including whether the specified offences arose out of the same set of circumstances; and
(vi)any other matter that the court considers relevant; and
(c)but for the specified offence, the applicant would not be a registrable offender.
(2)A court must refuse to make an order under subsection (1) if not satisfied as required by subsection (1).
(3)A court may not make an order under subsection (1) in respect of an application referred to in section 11A(2) or (3).
(4)For the purposes of subsection (1)(b), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person.
(5)In deciding whether to make an order under subsection (1), the court must take into account any submissions made by the Chief Commissioner of Police under section 11F.
(6)An order under subsection (1) may relate to one or more specified offences.
(7)An order under subsection (1) must contain the information, if any, prescribed by the rules of court.
11CWhen application may be made
An application under section 11A may be made not later than 6 months after the day on which the applicant is first given notice under section 50 or 54 of the applicant's reporting obligations.
11DHow application is made
(1)An application under section 11A is made by filing with the relevant court referred to in subsection (2) a document in writing—
(a)stating the grounds on which the application is made; and
(b)containing the information, if any, prescribed by the rules of court.
(2)An application under section 11A is to be made—
(a)to the court that imposed the sentence at first instance for the specified offence to which the application relates; or
(b)if the application relates to more than one specified offence, to the court of the highest jurisdiction that imposed a sentence at first instance for any of the specified offences; or
(c)to the Magistrates' Court, if the application relates to a specified offence for which the applicant was sentenced by a court in a foreign jurisdiction.
(3)A copy of an application must be served by the applicant on the Chief Commissioner of Police as soon as practicable after the application is filed.
11EEffect of registration exemption order
(1)On the making of a registration exemption order, the person in respect of whom the order is made ceases to be a registrable offender for the purposes of this Act.
(2)Nothing in this Division affects—
(a)any obligation or prohibition that applies to a registrable offender for any period during which the person is a registrable offender; or
(b)the consequences of a failure to comply with an obligation or prohibition referred to in paragraph (a).
(3)A registration exemption order does not prevent a person becoming a registrable offender if—
(a)the person is sentenced for another registrable offence in respect of which no registration exemption order is made; or
(b)the person becomes a corresponding registrable offender or a New South Wales registrable offender in respect of an offence other than an offence to which the registration exemption order relates.
11FChief Commissioner of Police is party to application
The Chief Commissioner of Police is a party to an application under section 11A and may make any submission to the court in respect of the application.
11GAdmissibility of evidence in hearing of application
(1)Without limiting any other evidence that may be adduced, the following is admissible as evidence in the hearing of an application under section 11A—
(a)the transcript or other record of the evidence given by a victim in the trial or sentencing hearing of the applicant for a specified offence to which the application relates;
(b)a victim impact statement tendered in the sentencing hearing of the applicant for a specified offence to which the application relates.
(2)A court must not grant leave to cross‑examine a victim referred to in subsection (1) in the hearing of an application under section 11A.
PART 3—REPORTING OBLIGATIONS
Division 1—Initial report
12When the report must be made
(1)A registrable offender of a kind referred to in column 1 of the Table must report his or her personal details to the Chief Commissioner of Police within the period specified in relation to him or her in column 2 of the Table—
TABLE
Column 1 Column 2 Registrable Offender Period for Initial Report A registrable offender (other than a corresponding registrable offender) who enters government custody in Victoria on or after 1 October 2004 as a consequence of having been sentenced for a registrable offence and who ceases to be in government custody whilst in Victoria Within 7 days after he or she ceases to be in government custody A registrable offender (other than a corresponding registrable offender) in government custody in Victoria immediately before 1 October 2004 and who ceases to be in government custody whilst in Victoria Within 7 days after he or she ceases to be in government custody A registrable offender (other than a corresponding registrable offender) who is in Victoria on 1 October 2004, but who is not in government custody at that time Within 45 days after 1 October 2004 Any other registrable offender who is sentenced for a registrable offence in Victoria Within 7 days after he or she is sentenced for the registrable offence 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.
13When 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 offence, he or she must report his or her personal details to the Chief Commissioner of Police—
(a)within 7 days after he or she is sentenced for the registrable offence; or
(b)if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody—
whichever is the later.
(2)If a registrable offender's reporting period expires but he or she then becomes a corresponding registrable offender who must under section 37 continue to comply with the reporting obligations imposed by this Part for any period, he or she must report his or her personal details to the Chief Commissioner of Police—
(a)within 7 days after he or she becomes a corresponding registrable offender; or
(b)if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody—
whichever is the later.
(3)If a registrable offender's reporting obligations are suspended by an order under section 40 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 44 (or an equivalent provision of the laws of a foreign jurisdiction), he or she must report his or her personal details to the Chief Commissioner of Police—
(a)within 7 days after the order ceases to have effect; or
(b)if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody—
whichever is the later.
(3A)If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender must report their personal details to the Chief Commissioner of Police within 7 days after being given notice of their reporting obligations by the Chief Commissioner of Police.
(4)If a registrable offender is not in Victoria at the time he or she would be required under subsection (1), (2) or (3) to report his or her personal details to the Chief Commissioner of Police, then he or she must report his or her personal details within 7 days after entering and remaining in Victoria for 14 or more consecutive days, not counting any days spent in government custody.
(5)Despite subsections (1) to (3), 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.
14Initial report by registrable offender of personal details
(1)The details the registrable offender must report are—
(a)his or her name, together with any other name by which he or she is, or has previously been, known;
(b)in respect of each name other than his or her current name, the period during which he or she was known by that other name;
(c)his or her date of birth;
(d)the address of each of the premises at which he or she generally resides (if any);
(daa)if the person does not have an address referred to in paragraph (d), details that are sufficient to identify any place where the person sleeps on a regular basis;
Example
Relevant details may include the name and address of a refuge, shelter or similar premises at which the person sleeps, the details of a vehicle in which the person sleeps or the address of a park, beach or other outdoor location at which the person sleeps.
(da)his or her telephone number (if any);
(db)his or her email address (if any);
(dc)if the registrable offender has an Internet service provider, the name of that Internet service provider;
(dd)any—
(i)Internet user names; or
(ii)instant messaging user names; or
(iii)chat room user names; or
(iv)other user name or identity—
used or intended to be used by the registrable offender through the Internet or other electronic communication service;
(e)the name of each child with whom he or she has contact;
(ea)in respect of each child with whom he or she has contact—
(i)the child's age, residential address and telephone number; or
(ii)if the child's age, residential address or telephone number is not known to him or her—the location where the contact takes place;
(f)if he or she is employed—
(i)the nature of his or her employment; and
(ii)the name of his or her employer (if any); and
(iii)the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed;
(g)details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;
(h)the make, model, colour and registration number (if any) of any motor vehicle or caravan owned by, or generally driven by, him or her;
(i)details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);
(j)whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding sex offender registration order and, if so, where that finding occurred or that order was made;
(k)if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when and where that government custody occurred;
(l)if, at the time of making a report under this Division, he or she leaves, or intends to leave, Victoria to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)—
(i)in general terms, the reason for travelling; and
(ii)in general terms, the frequency and destinations of the travel;
(m)the passport number and country of issue of each passport held by the registrable offender.
(2)For the purposes of this section—
(a)a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 7 days (whether consecutive or not) in any period of 12 months; and
(b)a registrable offender sleeps at a place on a regular basis if the person sleeps at that place more than once in any period of 14 days; and
* * * * *
(d)a registrable offender is not generally employed at any particular premises unless he or she is employed at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and
(e)a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 7 days (whether consecutive or not) in any period of 12 months.
(3)For the purposes of this section, a person is employed if he or she—
(a)carries out work under a contract of employment; or
(b)carries out work as a self-employed person or as a sub-contractor; or
(c)carries out work as a volunteer for an organisation; or
(d)undertakes practical training as part of an educational or vocational course; or
(e)carries out work as a minister of religion or in any other capacity for the purposes of a religious organisation.
(4)For the purposes of this section, a person is an employer if the person—
(a)arranges, in the course of business, for the registrable offender to be employed by another person; or
(b)engages the registrable offender under contract to carry out work.
15Persons required to report under corresponding Act
(1)This section applies to a person (other than one to whom Division 9 applies) who has been required to report to a corresponding registrar, irrespective of whether he or she is a registrable offender for the purposes of this Act.
(2)Unless the person has previously complied with the obligation imposed by this section, he or she must, within 7 days after entering and remaining in Victoria or within 14 days after the commencement of section 11 of the Sex Offenders Registration (Amendment) Act 2005 if he or she entered Victoria 7 days or more before that commencement and remained in Victoria, contact (by telephone or another prescribed means) a person prescribed by the regulations for the purposes of this section.
(3)The contacted person must advise the person whether he or she is a registrable offender for the purposes of this Act and any reporting obligations that he or she has under this Act.
(4)A person is not guilty of an offence against section 46 because of a failure to comply with the reporting obligation imposed by subsection (2) if he or she—
(a)is not a registrable offender for the purposes of this Act; or
(b)has not been notified of that reporting obligation; or
(c)does not remain in Victoria for 14 or more consecutive days, not counting any days spent in government custody; or
(d)reports in accordance with section 12.
Division 2—Ongoing reporting obligations
16Registrable offender must report annually
(1)A registrable offender must report his or her personal details to the Chief Commissioner of Police each year.
(2)The registrable offender must make the report by the end of the calendar month in which the anniversary of the date on which he or she first reported in accordance with this Act or a corresponding Act falls.
Example
J first reported his personal details to the Chief Commissioner of Police on 11 October 2004. This section requires J to make a further report of those details on or before 31 October 2005, 31 October 2006 (and so on).
(3)If the registrable offender has been in government custody since he or she last reported his or her personal details under this section, the details he or she must report include details of when and where that custody occurred.
(4)If a registrable offender's reporting period expires, but he or she is then required to report again under section 13, the reference to the date on which he or she first reported is to be read as a reference to the date on which he or she first reported in respect of the current reporting period.
(4A)If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender must make the report by the end of the calendar month in which the anniversary of the date on which section 35AA first applied to the registrable offender falls.
(5)Despite subsection (2), a registrable offender who is residing in a residential facility or a residential treatment facility as a condition of a supervision order or an interim supervision order under the Serious Offenders Act 2018 must make the report on the day specified by the Chief Commissioner of Police by written notice served on the registrable offender.
(6)A notice under subsection (5) must specify a date that is within the calendar month in which the anniversary of the date on which the registrable offender first reported in accordance with this Act or a corresponding Act falls.
17Registrable offender must report changes to relevant personal details
(1)Subject to subsections (1A) and (1B), a registrable offender must report to the Chief Commissioner of Police any change in his or her personal details within 7 days after that change occurs.
(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.
(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—
(a)within 7 days after that change occurs; or
(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.
(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).
(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 remaining in Victoria for 7 or more consecutive days, not counting any days spent in government custody.
Note
Under section 32, certain reporting obligations of a registrable offender are suspended while he or she is out of Victoria unless Division 9 applies to him or her.
(4)A registrable offender who is in government custody for 14 or more consecutive days must report his or her personal details to the Chief Commissioner of Police—
(a)within 7 days after he or she ceases to be in government custody; or
(b)before leaving Victoria—
whichever is the sooner.
18Intended absence from Victoria to be reported
(1)This section applies if a registrable offender—
(a)intends to leave Victoria for 2 or more consecutive days to travel elsewhere in Australia; or
(b)intends to leave Victoria to travel out of Australia.
(2)At least 7 days before leaving Victoria, the registrable offender must report the intended travel to the Chief Commissioner of Police and must provide details of—
(a)each State, Territory or country to which he or she intends to go while out of Victoria; and
(b)the approximate dates during which he or she intends to be in each of those States, Territories or countries; and
(c)each address or location within each State, Territory or country at which he or she intends to reside (to the extent that they are known) and the approximate dates during which he or she intends to reside at those addresses or locations; and
(d)if he or she intends to return to Victoria, the approximate date on which he or she intends to return; and
(e)if he or she does not intend to return to Victoria, a statement of that intention.
(3)If circumstances arise making it impracticable for a registrable offender to make the report 7 days before he or she leaves, it is sufficient compliance with subsection (2) if the registrable offender reports the required information to the Chief Commissioner of Police at least 24 hours before leaving Victoria.
19Change of travel plans while out of Victoria to be given
(1)This section applies if a registrable offender who is out of Victoria decides—
(a)to extend a stay elsewhere in Australia beyond 2 days; or
(b)to change any details given to the Chief Commissioner of Police under section 18.
(2)As soon as is practicable after making the decision, the registrable offender must—
(a)if subsection (1)(a) applies, report the details required by section 18(2) to the Chief Commissioner of Police (including those details as they relate to the travel that has already been completed);
(b)if subsection (1)(b) applies, report the changed details to the Chief Commissioner of Police.
(3)The registrable offender must make the report—
(a)by writing sent by post or transmitted electronically to the Chief Commissioner of Police or to any other address permitted by the regulations; or
(b)in any other manner permitted by the regulations.
20Registrable offender to report return to Victoria or decision not to leave
(1)This section applies if a registrable offender was required to report that he or she intended to leave Victoria under section 18.
(2)If the registrable offender left Victoria and was elsewhere in Australia, he or she must report his or her return to Victoria to the Chief Commissioner of Police within 7 days of entering and remaining in Victoria, not counting any days spent in government custody.
(2A)If the registrable offender left Victoria and was out of Australia, he or she must report his or her return to Victoria to the Chief Commissioner of Police within 1 day after entering and remaining in Victoria for 2 or more consecutive days, not counting any days spent in government custody.
(3)If the registrable offender decides not to leave Victoria, he or she must report his or her change of intention to the Chief Commissioner of Police within 7 days after deciding not to leave.
21Report of other absences from Victoria
(1)This section applies if a registrable offender, at the time of making a report under this Division, leaves, or intends to leave, Victoria to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence).
(2)The registrable offender must report the following details to the Chief Commissioner of Police—
(a)in general terms, the reason for travelling; and
(b)in general terms, the frequency and destinations of the travel.
21AAdditional reporting obligation in relation to travel out of Australia
(1)This section applies if a registrable offender is required to report in accordance with—
(a)section 18 that the registrable offender intends to leave Victoria to travel out of Australia; or
(b)section 20(2A) that the registrable offender has returned to Victoria after the period of travel referred to in paragraph (a).
(2)The registrable offender must, at the time of making a report referred to in subsection (1), produce to the Chief Commissioner of Police—
(a)the registrable offender's passport; and
(b)documents specified by the regulations for the purposes of this section to verify or support the details in the report; and
(c)in the case of a report referred to in subsection (1)(b)—if the registrable offender, during the period of travel referred to in subsection (1)(a), made a report under section 19, documents specified by the regulations for the purposes of this section to verify or support the details in that report.
Division 3—Provisions applying to all reporting obligations
22Where report is to be made
(1)A report under this Part is to be made—
(a)if a direction is given in accordance with the regulations as to the police station at which the report is to be made, at the police station so directed; or
(b)at some other place approved (either generally or in a particular case) by the Chief Commissioner of Police.
(2)This section does not apply if, under section 23(2), a report is permitted to be made
in a way that is inconsistent with this section.
23How reports to be made
(1)Subject to section 23A, a registrable offender must make the following reports under this Part in person—
(a)a report required by Division 1 (initial report); and
(b)a report required by section 16 (annual report); and
(ba)a report required by section 18(1)(b) (intended absence from Victoria to travel out of Australia); and
(bb)a report required by section 20(2A) (registrable offender to report return to Victoria after travel out of Australia); and
(c)a report of a change of address of the premises at which the person generally resides; and
(ca)a report of details that are sufficient to identify any place where the person sleeps on a regular basis; and
(d)a report of the acquisition of, removal of, or change to, any tattoo or permanent distinguishing mark.
(2)A registrable offender may make any other report that he or she is required to make in person or in any other way permitted by the regulations or by the Chief Commissioner of Police, either generally or in a particular case.
(3)Only a police officer approved for the purpose by the Chief Commissioner of Police may receive a report made in person and only a police officer or other person approved for the purpose by the Chief Commissioner of Police may receive a report made in another way in accordance with subsection (2).
(4)If a registrable offender attending in person is a child or has a disability that renders it impossible or impracticable for him or her to make a report—
(a)in the case of a child, any parent or guardian of the child or, if neither a parent or guardian is available, an independent person who is accompanying the registrable offender; and
(b)in the case of a person who has a disability, any parent, guardian, carer or other person nominated by the registrable offender who is accompanying the registrable offender—
may make the report on the registrable offender's behalf.
(5)Similarly, if a registrable offender who is permitted to make a report other than in person in accordance with subsection (2) is a child or has a disability that renders it impossible or impracticable for him or her to make the report himself or herself—
(a)in the case of a child, any parent or guardian of the child or, if neither a parent or guardian is available, an independent person; and
(b)in the case of a person who has a disability, any parent, guardian, carer or other person nominated by the registrable offender—
may make the report on the registrable offender's behalf.
23ACircumstances for electronic reporting
(1)The Chief Commissioner of Police may direct or permit a registrable offender to make a report referred to in section 23(1) by audio link, audio visual link or electronic communication, if the Chief Commissioner of Police reasonably believes that—
(a)a relevant declaration is in force; and
(b)a related circumstance referred to in subsection (2) exists.
(2)For the purposes of subsection (1)(b), a related circumstance is any one of the following—
(a)for a pandemic declaration—
(i)that the registrable offender resides or sleeps on a regular basis within an area to which the declaration applies; or
(ii)that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within an area to which the declaration applies; or
(iii)that the registrable offender is unable to make the report in person without contravening a pandemic order or a lawful direction given, or a requirement made, in the exercise of a pandemic management power or a public health risk power under the Public Health and Wellbeing Act 2008;
(b)for a declaration of a state of emergency—
(i)that the registrable offender resides or sleeps on a regular basis within the emergency area in which the state of emergency exists; or
(ii)that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the emergency area in which the state of emergency exists;
(c)for a declaration of a state of disaster—
(i)that the registrable offender resides or sleeps on a regular basis within the disaster area as defined in section 22(1) of the Emergency Management Act 1986; or
(ii)that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the disaster area as defined in section 22(1) of the Emergency Management Act 1986.
(3)Only a police officer approved for the purpose by the Chief Commissioner of Police may receive a report made in accordance with a direction or permission purportedly given under subsection (1).
(4)Subject to subsections (5) and (6), a registrable offender to whom a direction is given in accordance with subsection (1) must comply with that direction.
(5)If a registrable offender to whom a direction or permission is given under subsection (1) is a child, any parent or guardian of the child, or, if neither a parent nor guardian is available, an independent person, may make the report on the registrable offender's behalf.
(6)If a registrable offender to whom a direction or permission is given under subsection (1) has a disability that renders it impossible or impracticable for the registrable offender to make the report, any parent, guardian, carer or other person nominated by the registrable offender may make the report on the registrable offender's behalf.
(7)It is sufficient compliance with a requirement for a registrable offender to make a report if the report is made in accordance with a direction or permission purportedly given under subsection (1).
(8)In this section—
declaration of a state of disaster means a declaration made under section 23 of the Emergency Management Act 1986;
declaration of a state of emergency means a declaration made under section 198 of the Public Health and Wellbeing Act 2008;
pandemic declaration means a declaration made under section 165AB of the Public Health and Wellbeing Act 2008;
relevant declaration means—
(a)a pandemic declaration; or
(b)a declaration of a state of emergency; or
(c)a declaration of a state of disaster.
24Right to privacy and support when reporting
(1)A person making a report under this Part at a police station or a place approved by the Chief Commissioner of Police—
9.An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered the building or part of the 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.
10.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 any of the offences referred to in items 1 to 9.
10A.Without limiting item 10, an offence referred to in paragraph (ab) to (dar) or (e) of clause 1 of Schedule 1 to the Sentencing Act 1991 other than an offence that is for the purposes of this Act—
(a)a Class 1 offence by force of item 4, 5, 6AB or 6A of Schedule 1; or
(b)a Class 2 offence by force of item 26A of Schedule 2; or
(c)a Class 3 offence by force of item 2A of Schedule 3.
11.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 this Schedule.
12.An offence under a law of a foreign jurisdiction that the regulations state is a Class 4 offence.
13.An offence an element of which is an intention to commit an offence of a kind listed in this Schedule.
14.An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule.
15.An offence that, at the time it was committed—
(i)was a Class 4 offence for the purposes of this Act; or
(ii)in the case of an offence committed before 1 October 2004, was an offence of a kind listed in this Schedule.
SCHEDULE 5—SPECIFIED OFFENCES
Section 3(1)
1.An offence against any of the following provisions of the Crimes Act 1958—
(a)section 49B(1) (sexual penetration involving a child under the age of 16);
(b)section 49D(1) (sexual assault of a child under the age of 16);
(c)section 49F(1) (sexual activity in the presence of a child under the age of 16);
(d)section 49H(1) (causing a child under the age of 16 to be present during sexual activity);
(e)section 49K(1) (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity);
(f)section 51B(1) (involving a child in the production of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(g)section 51C(1) (producing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(h)section 51D(1) (distributing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(i)section 51G(1) (possession of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(j)section 51H(1) (accessing child abuse material).
2.An offence against any of the following provisions of the Crimes Act 1958, as in force before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016—
(a)section 45(1) (sexual penetration involving a child under the age of 16 years);
(b)section 47(1) (indecent act with child under the age of 16).
* * * * *
5.An offence against any of the following provisions of the Criminal Code of the Commonwealth—
(a)section 272.8(1) (sexual intercourse with child outside Australia);
(b)section 272.9(1) (sexual activity (other than sexual intercourse) with child outside Australia);
(c)section 471.26(1) (using a postal or similar service to send indecent material to person under 16);
(d)section 474.22(1) (using a carriage service for child abuse material) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(e)section 474.22A(1) (possessing or controlling child abuse material obtained or accessed using a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(f)section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;
(g)section 474.25A(1) (using a carriage service for sexual activity with a person under 16 years of age);
(h)section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age).
6.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 referred to in this Schedule.
7.An offence an element of which is an intention to commit an offence of a kind referred to in this Schedule.
8.An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in this Schedule.
9.An offence that, at the time it was committed, was referred to in this Schedule.
10.An offence committed before the commencement of section 11 of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017 that was an offence of a kind referred to in this Schedule.
SCHEDULE 6—TRANSITIONAL PROVISIONS—CORRECTIONS LEGISLATION AMENDMENT ACT 2025
1Interpretation
In this Schedule—
commencement day means the day on which Part 3 of the Corrections Legislation Amendment Act 2025 comes into operation;
reporting obligations includes reporting obligations imposed on the offender by this Schedule;
reporting period includes the period, determined under this Schedule, during which a registrable offender must comply with their reporting obligations.
2Reporting period for existing serious sex offender
(1)A registrable offender—
(a)who, on the commencement day, is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and
(b)who, on the commencement day, is subject to a supervision order or detention order; and
(c)whose reporting period will end after the commencement day—
must comply with the reporting obligations in Part 3 for the period specified in subclause (2) or (3).
(2)In the case of a registrable offender who is not subject to a sex offender registration order—
(a)for the remainder of the reporting period specified in section 34 or 35 that applies to the offender; or
(b)for the period ending 5 years after the supervision order or detention order expires—
whichever ends later.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(3)In the case of a registrable offender who is subject to a sex offender registration order—
(a)for the remainder of the reporting period specified in the order; or
(b)if the reporting period specified in the order will end after the expiry of the supervision order or detention order but before the fifth anniversary of the expiry of the supervision order or detention order, for—
(i)the remainder of that reporting period; and
(ii)the period—
(A)beginning immediately after that reporting period ends; and
(B)ending on the fifth anniversary of the expiry of the supervision order or detention order; or
(c)if the reporting period specified in the sex offender registration order will end before the expiry of the supervision order or detention order, for the period ending 5 years after the expiry of the supervision order or detention order—
whichever ends later.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(4)A registrable offender—
(a)who, on the commencement day, is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and
(b)who, on the commencement day, is subject to a supervision order or detention order; and
(c)whose reporting period ended before the commencement day—
must comply with the reporting obligations in Part 3 for the period beginning on the commencement day and ending 5 years after the expiry of the supervision order or detention order.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(5)If a supervision order or detention order expires on the commencement of another supervision order or detention order replacing it, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of the supervision order or detention order that replaced it.
(6)If a supervision order or detention order expires and another supervision order or detention order is later made in respect of the offender, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of the later supervision order or detention order.
Note
If a supervision order or detention order expires without another supervision order or detention order replacing it or without another supervision order or detention order being later made in respect of the offender, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of that supervision order or detention order.
3When new initial report must be made by offender whose previous reporting obligations have ceased
For the purposes of section 13, a registrable offender to whom clause 2(4) applies must report their personal details to the Chief Commissioner of Police within 7 days after the registrable offender receives written notice of the change to the registrable offender's reporting period.
Note
See also clause 5.
4Registrable offender must report annually
For the purposes of section 16, a registrable offender to whom clause 2(4) applies must make the report by the end of the calendar month in which the anniversary of the commencement day falls.
5When reporting obligations begin
For the purposes of section 33, the reporting obligations of a registrable offender to whom clause 2(4) applies begin on—
(a)the commencement day; or
(b)the day on which the registrable offender ceases to be in government custody—
whichever occurs later.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 3 June 2004
Legislative Council: 15 September 2004
The long title for the Bill for this Act was "to require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time and thereby reduce the likelihood that they will re‑offend and facilitate the investigation and prosecution of any future offences that they may commit, to prevent registered sex offenders working in child-related employment, to amend the Ombudsman Act 1973 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 3 June 2004
Legislative Council: 15 September 2004
Absolute majorities:
Legislative Assembly: 25 August 2004
Legislative Council: 15 September 2004
The Sex Offenders Registration Act 2004 was assented to on 21 September 2004 and came into operation on 1 October 2004: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the 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).
2 Table of Amendments
This publication incorporates amendments made to the Sex Offenders Registration Act 2004 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sex Offenders Registration Act 2004, No. 56/2004
Assent Date: 21.9.04 Commencement Date: S. 73L(9) inserted on 7.9.22 by No. 37/2022 s. 7: s. 2(1) Notes: S. 73L(9) repealed s. 73L on 7.9.25 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Major Crime (Investigative Powers) Act 2004, No. 79/2004 (as amended by No. 97/2004)
Assent Date: 16.11.04 Commencement Date: Ss 100–103 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 99) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Sex Offenders Registration (Amendment) Act 2005, No. 34/2005
Assent Date: 21.6.05 Commencement Date: S. 24(1)(2) on 1.10.04: s. 2(2); s. 24(3)(4) on 22.6.05: s. 2(1); ss 4–16, 18–23, 25 on 1.8.05: Government Gazette 28.7.05 p. 1642; s. 17 on 1.10.05: s. 2(4) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Working with Children Act 2005, No. 57/2005
Assent Date: 13.9.05 Commencement Date: S. 51 on 3.4.06: Government Gazette 30.3.06 p. 615 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005
Assent Date: 11.10.05 Commencement Date: S. 30 on 1.10.06: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 27/2006)
Assent Date: 7.3.06 Commencement Date: S. 45 on 1.12.06: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006
Assent Date: 11.4.06 Commencement Date: S. 20 on 1.8.05: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Education and Training Reform Act 2006, No. 24/2006
Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 36) on 1.7.07: Government Gazette 28.6.07 p. 1304 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 33) on 23.4.07: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice Legislation (Further Amendment) Act 2006, No. 79/2006
Assent Date: 10.10.06 Commencement Date: Ss 53–55 on 1.10.04: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Statute Law Revision Act 2007, No. 28/2007
Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 61.1) on 1.12.06: s. 2(2)(c); s. 3(Sch. item 61.2) on 27.6.07: s. 2(1) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice and Road Legislation Amendment (Law Enforcement) Act 2007, No. 52/2007
Assent Date: 17.10.07 Commencement Date: Ss 13, 16–19, 21 on 28.2.08: Government Gazette 31.1.08 p. 196; ss 14, 15, 20 on 1.6.08: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008
Assent Date: 13.5.08 Commencement Date: Ss 18, 19 on 1.7.08: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Police Integrity Act 2008, No. 34/2008
Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 10) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice Legislation Further Amendment Act 2009, No. 55/2009
Assent Date: 22.9.09 Commencement Date: Ss 34–48 on 31.5.10: s. 2(4) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 112) on 1.1.10: Government Gazette 10.12.09 p. 3215 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009
Assent Date: 15.12.09 Commencement Date: S. 219(Sch. 3 item 3) on 1.1.10: Government Gazette 24.12.09 p. 3397 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Equal Opportunity Act 2010, No. 16/2010 (as amended by No. 26/2011)
Assent Date: 27.4.10 Commencement Date: S. 209(Sch. item 8) on 1.8.11: s. 2(4) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010
Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 12) on 1.11.10: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
Assent Date: 22.11.11 Commencement Date: S. 107(Sch. item 12) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Children's Services Amendment Act 2011, No. 80/2011
Assent Date: 21.12.11 Commencement Date: S. 79(Sch. item 6) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012
Assent Date: 29.5.12 Commencement Date: S. 78 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Statute Law Revision Act 2012, No. 43/2012
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 48) on 28.6.12: s. 2(1) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
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
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
Assent Date: 13.10.15 Commencement Date: Ss 47, 48 on 14.10.15: s. 2(1) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Sex Offenders Registration Amendment Act 2016, No. 21/2016
Assent Date: 26.4.16 Commencement Date: Ss 4–19 on 1.2.17: 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) Amendment (Community Safety) Act 2016, No. 32/2016
Assent Date: 31.5.16 Commencement Date: Ss 43, 44 on 1.6.16: s. 2(1) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016
Assent Date: 6.9.16 Commencement Date: S. 43 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Police and Justice Legislation Amendment (Miscellaneous) Act 2016, No. 54/2016
Assent Date: 18.10.16 Commencement Date: Ss 38, 39 on 19.10.16: s. 2(1) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017
Assent Date: 20.6.17 Commencement Date: S. 49 on 23.9.17: Special Gazette (No. 314) 19.9.17 p. 1; ss 4–19, 21–48 on 1.3.18: s. 2(4); s. 20 on 1.3.21: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Serious Offenders Act 2018, No. 27/2018
Assent Date: 26.6.18 Commencement Date: Ss 351(Sch. 4 cl. 22), 365 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019
Assent Date: 13.3.19 Commencement Date: Ss 47–49 on 14.3.19: s. 2(1); ss 50, 51 on 16.9.20: Special Gazette (No. 465) 15.9.20 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Guardianship and Administration Act 2019, No. 13/2019
Assent Date: 4.6.19 Commencement Date: S. 221(Sch. 1 item 48) on 1.3.20: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019
Assent Date: 3.9.19 Commencement Date: Ss 35–37 on 1.5.20: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Worker Screening Act 2020, No. 34/2020
Assent Date: 4.11.20 Commencement Date: S. 241 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020
Assent Date: 8.12.20 Commencement Date: S. 40 on 26.4.21: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Firearms and Other Acts Amendment Act 2021, No. 44/2021
Assent Date: 26.10.21 Commencement Date: Ss 25–35 on 30.8.22: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Sex Work Decriminalisation Act 2022, No. 7/2022
Assent Date: 1.3.22 Commencement Date: S. 80 on 1.12.23: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022
Assent Date: 23.8.22 Commencement Date: S. 65 on 24.5.23: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Justice Legislation Amendment (Police and Other Matters) Act 2022, No. 37/2022
Assent Date: 6.9.22 Commencement Date: Ss 3, 7–9 on 7.9.22: s. 2(1); ss 4–6 on 21.6.23: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Mental Health and Wellbeing Act 2022, No. 39/2022
Assent Date: 6.9.22 Commencement Date: S. 870 on 1.9.23: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Statute Law Amendment Act 2023, No. 6/2023
Assent Date: 9.5.23 Commencement Date: S. 3(Sch. 1 item 5) on 10.5.23: s. 2 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
Corrections Legislation Amendment Act 2025, No. 28/2025
Assent Date: 19.8.25 Commencement Date: Ss 23–29 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004
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3 Explanatory details
[1] Sch. 2 item 28A: The amendment proposed by section 8(2) (repealed) of the Justice Legislation Amendment (Police and Other Matters) Act 2022, No. 37/2022 is not included in this publication as there is no item 28A(ivc) in Schedule 2.
Section 8(2) (repealed) read as follows:
8Schedule 2—Class 2 offences
(2)After item 28A(ivc) of Schedule 2 to the Sex Offenders Registration Act 2004 insert—
"(ivd)section 474.25C (using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16) except if the offence does not involve an act in preparing or planning to engage in sexual activity with a person under 16 years of age or an act in preparing or planning to procure a person under 16 years of age to engage in sexual activity;".
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