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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sex Offenders Registration (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 3
3. Principal Act 3
4. Definitions 3
5. Offenders to whom Act applies 6
6. Meaning of "single offence" 6
7. New section 8 substituted 6
8. What are class 3 and class 4 offences? 6
8. New section 9 substituted 7
9. Who is a corresponding registrable offender? 7
9. Sex offender registration order 8
10. Relocation of deeming provision 8
11. Persons required to report under corresponding Act 9
12. New section 27A inserted 9
27A. Power to take photographs 9
13. Reasonable force may be used to take photographs 10
14. Photographs 10
15. Length of reporting period 10
16. New section 37 substituted 11
37. Reporting period for corresponding registrable
offenders 11
17. Notice to be given to registrable offender 12
18. Courts to provide appeal information to Chief Commissioner
of Police 12
19. Repeal of reference to strict government custody 13
20. Notification of personal information in the Register of Sex
Offenders 13
21. Additional Class 1 offence 13
22. Additional Class 2 offences 14
23. Additional Class 4 offences 14
24. Other registrable offences 15
25. New section 73A inserted 17
73A. Transitional provisions--Sex Offenders Registration
(Amendment) Act 2005 17
26. Serious Sex Offenders Monitoring Act 2005 18
27. Sentencing Act amended to prevent courts from having regard
to consequences under Principal Act 19
i
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Clause Page
28. New section 29A inserted in Births, Deaths and Marriages
Registration Act 1996 19
29A. Registrar to notify Chief Commissioner of Police of
change of name of certain sex offenders 19
29. New section 30I inserted in Births, Deaths and Marriages
Registration Act 1996 20
30I. Registrar to notify Chief Commissioner of Police 20
ENDNOTES 21
ii
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
PARLIAMENT OF VICTORIA
Initiated in Assembly 4 May 2005
As amended by Assembly 25 May 2005
A BILL
to amend the Sex Offenders Registration Act 2004, the Serious Sex
Offenders Monitoring Act 2005, the Sentencing Act 1991 and the
Births, Deaths and Marriages Registration Act 1996 and for other
purposes.
Sex Offenders Registration
(Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Sex Offenders Registration
Act 2004 so as to--
(i) expand the definitions of "government
5
custody", "sentence" and "supervised
sentence", re-define Class 3 and Class 4
1
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 1
Act No.
offences and "corresponding registrable
offender" and create new registrable
offences;
(ii) alter the procedure and timelines for the
making of a sex offender registration
5
order;
(iii) permit reasonable force to be used to
take photographs;
(iv) alter the length of reporting periods
applicable under the Act;
10
(v) require courts to notify offenders and
the Chief Commissioner of Police of
certain matters;
(vi) broaden the circumstances in which
personal information in the Register of
15
Sex Offenders may be disclosed; and
(b) to amend the Serious Sex Offenders
Monitoring Act 2005 consistently with
amendments being made by this Act to the
definitions of registrable offences and to
20
clarify to which court an application may be
made under that Act for an extended
supervision order; and
(c) to amend the Sentencing Act 1991 to
prevent sentencing courts from having regard
25
to any consequences that may arise under the
Sex Offenders Registration Act 2004; and
(d) to amend the Births, Deaths and Marriages
Registration Act 1996 to require the
Registrar under that Act to notify the Chief
30
Commissioner of Police of the change of
name of, or of the record of the sex of, a
person on the Register of Sex Offenders.
2
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 2
Act No.
2. Commencement
(1) Sections 1, 3, 24(3), 24(4), 26 and this section
come into operation on the day after the day on
which this Act receives the Royal Assent.
(2) Sections 24(1) and 24(2) are deemed to have
5
come into operation on 1 October 2004.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
10
not come into operation before 1 October 2005, it
comes into operation on that day.
3. Principal Act
See:
In this Act, the Sex Offenders Registration Act Act No.
2004 is called the Principal Act.
15 56/2004
and
4. Definitions amending
Act No.
(1) In section 3 of the Principal Act, for the 79/2004.
LawToday:
definitions of "Class 3 offence" and "Class 4 www.dms.
offence" substitute-- dpc.vic.
gov.au
' "Class 3 offence" has the meaning set out in
20
section 8(1);
"Class 4 offence" has the meaning set out in
section 8(2);'.
(2) Insert the following definitions in section 3 of the
Principal Act--
25
' "forensic resident" has the same meaning as in
the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997;
"involuntary patient" has the same meaning as
in the Mental Health Act 1986;
30
"security patient" has the same meaning as in
the Mental Health Act 1986;'.
3
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 4
Act No.
(3) In section 3 of the Principal Act, for paragraph (a)
of the definition of "government custody"
substitute--
"(a) custody as--
(i) an inmate; or
5
(ii) a detainee; or
(iii) a forensic patient under a custodial
supervision order within the meaning of
the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997; or
10
(iv) a forensic resident under a custodial
supervision order within the meaning of
the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997; or
(v) a security patient under a hospital
15
security order made under section
93(1)(e) of the Sentencing Act 1991;
or
(vi) a security patient under a restricted
hospital transfer order made under
20
section 16(3)(b) of the Mental Health
Act 1986; or
(vii) an involuntary patient under a hospital
order made under section 93(1)(d) of
the Sentencing Act 1991; or
25
(ix) an involuntary patient under a hospital
transfer order made under section
16(3)(a) of the Mental Health Act
1986; or".
4
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 4
Act No.
(4) In the definition of "sentence" in section 3 of the
Principal Act--
(a) after paragraph (a) insert--
"(ab) a declaration under section 18(4)(a) or
23(a) of the Crimes (Mental
5
Impairment and Unfitness to be
Tried) Act 1997 that the defendant is
liable to supervision under Part 5 of
that Act; and
(ac) an order that the defendant be released
10
unconditionally made under section
18(4)(b) or 23(b) of the Crimes
(Mental Impairment and Unfitness to
be Tried) Act 1997; and
(ad) an order made under section 93(1)(d) of
15
the Sentencing Act 1991; and";
(b) for paragraph (b) substitute--
"(b) any order made under the laws of a
foreign jurisdiction that is equivalent to
an order referred to in paragraph (a);".
20
(5) In section 3 of the Principal Act, the definition of
"strict government custody" is repealed.
(6) After paragraph (c) of the definition of
"supervised sentence" in section 3 of the Principal
Act insert--
25
"(ca) an order referred to in section 137(1) of the
Children and Young Persons Act 1989
under which the child is required to submit
to strict supervision; or
(cb) an order made under section 15A of the
30
Mental Health Act 1986; or".
5
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 5
Act No.
5. Offenders to whom Act applies
After Note 3 at the foot of section 6(1) of the
Principal Act insert--
"Note 4: The effect of this Act is that any adult offender
5 sentenced at any time (including before 1 October
2004 and still subject to supervision immediately
before that date) for a class 1 or class 2 offence (other
than a single class 2 offence for which he or she was
not imprisoned or put under supervision) must
10 comply with the reporting obligations of Part 3.".
6. Meaning of "single offence"
(1) In section 6(8) of the Principal Act, for "of the
same kind" substitute "that are the same".
(2) At the foot of section 6(8) of the Principal Act
insert--
15
'Note: The meaning of "single offence" is qualified by
section 5(1).'.
7. New section 8 substituted
For section 8 of the Principal Act substitute--
'8. What are class 3 and class 4 offences?
20
(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
25
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
30
serious sexual offender for the purposes of
this section.
6
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 8
Act No.
(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
5
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 counts in
10
the one presentment.
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.
15 However, the term is differently defined in that
Act.'.
8. New section 9 substituted
For section 9 of the Principal Act substitute--
"9. Who is a corresponding registrable
offender?
20
(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
25
(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
30
(b) would, if he or she were currently in
that jurisdiction, be still required to
report to that corresponding registrar.
7
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 9
Act No.
(2) A person referred to in sub-section (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
5
of this Act.".
9. Sex offender registration order
(1) In section 11(3) of the Principal Act, after
"satisfied" insert ", beyond reasonable doubt,".
(2) In section 11(5) of the Principal Act--
10
(a) for "imposes" substitute "has imposed";
(b) omit ", and must make the order
concurrently with that sentence".
(3) In section 11(6) of the Principal Act, after
"prosecution" insert "not later than 30 days after
15
the sentence is imposed".
(4) After section 11(6) of the Principal Act insert--
"(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
20
of guilt or sentence is made before that
application is determined, that application
must not be determined before the appeal is
determined.".
10. Relocation of deeming provision
25
(1) Section 11(7) of the Principal Act is repealed.
(2) After section 34(3) of the Principal Act insert--
"(4) For the purposes of this Division, a person
subject to a sex offender registration order--
(a) if found guilty of a Class 3 offence is
30
deemed to have been found guilty of a
Class 1 offence; and
8
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 11
Act No.
(b) if found guilty of a Class 4 offence or
any other offence other than a Class 3
offence is deemed to have been found
guilty of a Class 2 offence.".
11. Persons required to report under corresponding Act
5
In section 15(2) of the Principal Act, after
"Victoria" insert "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
10
that commencement and remained in Victoria".
12. New section 27A inserted
After section 27 of the Principal Act insert--
"27A. Power to take photographs
(1) A member of the police force receiving a
15
report made in person under this Part may
require the registrable offender--
(a) to be photographed; and
(b) to expose any part of his or her body on
which there are any tattoos or
20
permanent distinguishing marks to
enable that part of the body to be
photographed--
by the member or a person authorised by the
member.
25
(2) A member of the police force cannot, under
this section, require a registrable offender to
expose his or her genitals, the anal area of
his or her buttocks or, in the case of females
or transgender people who identify as
30
females, their breasts.".
9
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 13
Act No.
13. Reasonable force may be used to take photographs
(1) In section 28(1) of the Principal Act--
(a) after "27" insert "or 27A";
(b) in paragraph (a), after "exercised and" insert
", in the case of a power under section 27,";
5
(c) in paragraph (b), after "fingerscan," insert
"or to expose part of his or her body (as the
case requires)";
(d) in paragraph (c), for "or fingerscan"
substitute ", fingerscan or photographs".
10
(2) In section 28(2) of the Principal Act, after "a
registrable offender" insert "or to expose a part of
the body of a registrable offender that the member
of the police force is authorised under section 27A
to ask the registrable offender to expose to enable
15
the taking of photographs of that part of the
body".
(3) In section 28(3) of the Principal Act, after "27"
insert "or 27A".
14. Photographs
20
(1) Sections 29(1) and 29(2) of the Principal Act are
repealed.
(2) In sections 29(3), 29(4) and 29(5) of the Principal
Act, for "this section" substitute "section 27A".
15. Length of reporting period
25
(1) For section 34(1)(b)(ii) of the Principal Act
substitute--
"(ii) has ever been found guilty of 2 Class 2
offences; or".
10
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 16
Act No.
(2) For section 34(1)(c) of the Principal Act
substitute--
"(c) the remainder of his or her life, if he or she--
(i) has ever been found guilty of 2 or more
Class 1 offences; or
5
(ii) has ever been found guilty of a Class 1
offence and 1 or more Class 2 offences;
or
(iii) has ever been found guilty of 3 or more
Class 2 offences.".
10
16. New section 37 substituted
For section 37 of the Principal Act substitute--
"37. Reporting period for corresponding
registrable offenders
(1) A corresponding registrable offender must
15
continue to comply with the reporting
obligations imposed by this Part until he or
she would not be required, if he or she were
in a foreign jurisdiction, to report to the
corresponding registrar of that foreign
20
jurisdiction.
(2) For the purposes of this section, if a
corresponding registrable offender is a
corresponding registrable offender under the
laws of more than one jurisdiction, the
25
period for which he or she must continue to
comply with the reporting obligations
imposed by this Part is the longest period for
which he or she would be required to report
to the corresponding registrar of a foreign
30
jurisdiction.".
11
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 17
Act No.
17. Notice to be given to registrable offender
For section 50(5) of the Principal Act
substitute--
'(5) Despite anything in this Division, a court
that--
5
(a) makes any order or imposes any
sentence that has the effect of making a
person a registrable offender for the
purposes of this Act; or
(b) imposes any sentence on a person in
10
relation to a registrable offence--
must ensure that the person is, at the time the
order is made or the sentence imposed, given
a written notice specifying the reporting
period that applies to him or her consequent
15
on the order or sentence.
(6) In sub-section (5), "court" does not include
a court of a foreign jurisdiction.'.
18. Courts to provide appeal information to Chief
Commissioner of Police
20
(1) In the heading to section 51 of the Principal Act,
omit "sentencing".
(2) After section 51(1)(b) of the Principal Act
insert--
"(ba) determines an appeal made to it by a
25
registrable offender against the finding of
guilt or sentence in respect of a registrable
offence or against the making of a sex
offender registration order in respect of an
offence; or".
30
12
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 19
Act No.
(3) In section 51(2) of the Principal Act--
(a) for "or sentence" (where first occurring)
substitute ", sentence or determination of
appeal";
(b) after "sentence" (where secondly occurring)
5
insert "or the determination of the appeal (as
the case requires)".
19. Repeal of reference to strict government custody
Section 53(1)(a) of the Principal Act is repealed.
20. Notification of personal information in the Register
10
of Sex Offenders
(1) In section 63(1)(b) of the Principal Act--
(a) after "law enforcement" insert "or judicial";
(b) after "then" insert ", in any case,";
(c) for "or public statutory authority" substitute
15
", public statutory authority or court".
(2) After section 63(1) of the Principal Act insert--
"(1A) Despite sub-section (1)(b), the Chief
Commissioner of Police may notify the
Registrar within the meaning of the Births,
20
Deaths and Marriages Registration Act
1996 of the name (including any other name
by which he or she is, or has previously
been, known), date of birth and residential
address or addresses of any registrable
25
offender as stated in the Register.".
21. Additional Class 1 offence
After item 6 of Schedule 1 to the Principal Act
insert--
30 "6A. An offence against section 60AC of the Crimes Act
1958 (aggravated sexual servitude).".
13
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 22
Act No.
22. Additional Class 2 offences
(1) After item 14 of Schedule 2 to the Principal Act
insert--
"14A. An offence against section 60AE of the Crimes Act
5 1958 (aggravated deceptive recruiting for commercial
sexual services).".
(2) After item 18 of Schedule 2 to the Principal Act
insert--
"18A. An offence against section 70AC of the Crimes Act
10 1958 (sexual performance involving a minor).".
(3) After item 28 of Schedule 2 to the Principal Act
insert--
'28A. An offence against any of the following sections of
the Criminal Code of the Commonwealth--
15 (i) section 474.19(1) (using a carriage service for
child pornography material);
(ii) section 474.20(1) (possessing, controlling,
producing, supplying or obtaining child
pornography material for use through a carriage
20 service);
(iii) section 474.22(1) (using a carriage service for
child abuse material);
(iv) section 474.23(1) (possessing, controlling,
producing, supplying or obtaining child abuse
25 material through a carriage service);
(v) section 474.26 (using a carriage service to
procure persons under 16 years of age);
(vi) section 474.27 (using a carriage service to
"groom" persons under 16 years of age).'.
23. Additional Class 4 offences
30
After item 7 of Schedule 4 to the Principal Act
insert--
"7A. An offence against section 60AB of the Crimes Act
1958 (sexual servitude).
35 7B. An offence against section 60AD of the Crimes Act
1958 (deceptive recruiting for commercial sexual
services).".
14
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 24
Act No.
24. Other registrable offences
(1) In Schedule 1 to the Principal Act--
(a) in item 1 for "of a child" substitute "where
the person against whom the offence is
committed is a child";
5
(b) at the foot of item 1 insert--
"Note: Item 1 covers any offence against the Crimes
Act 1958 that involves sexual penetration
where the victim is a child including rape
10 (section 38), incest (section 44), sexual
penetration of child under 16 (section 45(1)),
sexual penetration of 16 or 17 year old
(section 48(1)), sexual penetration of person
with impaired mental functioning (section
15 51(1)) and sexual penetration of resident of
residential facility (section 52(1)).";
(c) items 4 and 5 are repealed;
(d) in item 6, for "5" substitute "3";
(e) after item 6 insert--
20 "6A. Without limiting item 6, an offence referred to
in any of the following paragraphs of
Schedule 1 to the Sentencing Act 1991 where
the person against whom the offence is
committed is a child--
25 (a) paragraph (ab);
(b) paragraph (ac);
(c) paragraph (b)(i) and (ii);
(d) paragraph (c)(iii), (iv), (vi), (vii), (ix),
(x), (xii), (xiii), (xvi), (xvii) and (xix);
30 (e) paragraph (d)(i), (ii), (iii), (v), (vi), (viii),
(ix), (xi), (xii) and (xiii);
(f) paragraph (e)(i) and (ii).".
15
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 24
Act No.
(2) After item 26 of Schedule 2 to the Principal Act
insert--
"26A. Without limiting item 26, an offence referred to in
paragraph (ab), (ac), (b), (c), (d) or (e) of Schedule 1
5 to the Sentencing Act 1991 where the person against
whom the offence is committed is a child other than
an offence that is a Class 1 offence for the purposes of
this Act by force of item 6A of Schedule 1.".
(3) In Schedule 3 to the Principal Act--
(a) at the foot of item 1 insert--
10
"Note: Item 1 covers any offence against the Crimes
Act 1958 that involves sexual penetration
where the victim is an adult including rape
(section 38), incest (section 44), sexual
15 penetration of person with impaired mental
functioning (section 51(1)) and sexual
penetration of resident of residential facility
(section 52(1)).";
(b) after item 2 insert--
20 "2A. Without limiting item 2, an offence referred to
in any of the following paragraphs of
Schedule 1 to the Sentencing Act 1991--
(a) paragraph (b)(i) and (ii);
(b) paragraph (c)(iii), (iv), (vi), (vii), (xvi),
25 (xvii) and (xix);
(c) paragraph (d)(i), (ii), (iii), (xi), (xii) and
(xiii);
(d) paragraph (e)(i) and (ii).".
16
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 25
Act No.
(4) After item 10 of Schedule 4 to the Principal Act
insert--
"10A. Without limiting item 10, an offence referred to in
paragraph (ab), (ac), (b), (c), (d) or (e) of Schedule 1
5 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 6A of
Schedule 1; or
(b) a Class 2 offence by force of item 26A of
10 Schedule 2; or
(c) a Class 3 offence by force of item 2A of
Schedule 3.".
25. New section 73A inserted
After section 73 of the Principal Act insert--
'73A. Transitional provisions--Sex Offenders
15
Registration (Amendment) Act 2005
(1) The amendments of section 34 of this Act
made by section 15 of the Sex Offenders
Registration (Amendment) Act 2005 apply
to any person who is sentenced for a
20
registrable offence on or after the
commencement of that section of that Act.
(2) Despite the repeal of section 50(5) effected
by section 17 of the Sex Offenders
Registration (Amendment) Act 2005 and
25
the revocation of any regulations made for
the purpose of that section 50(5), those
regulations continue to have effect with
respect to a registrable offender who is
sentenced for a registrable offence before the
30
commencement of that section of that Act (a
"pre-commencement offence") and who is
not again sentenced for a registrable offence
on or after the commencement of that section
of that Act before his or her reporting
35
obligations commence in respect of the
pre-commencement offence.'.
17
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 26
Act No.
26. Serious Sex Offenders Monitoring Act 2005
(1) After section 5(3) of the Serious Sex Offenders
Monitoring Act 2005 insert--
'(4) For the purpose of this section, a custodial
sentence imposed on an offender on appeal
5
in substitution for a sentence imposed by the
court against the sentence of which the
appeal was brought (the "lower court")
must be taken to have been imposed by the
lower court.'.
10
(2) In the Schedule to the Serious Sex Offenders
Monitoring Act 2005--
(a) in item 1 for "of a child" substitute "where
the person against whom the offence is
committed is a child";
15
(b) at the foot of item 1 insert--
"Note: Item 1 covers any offence against the Crimes
Act 1958 that involves sexual penetration
where the victim is a child including rape
20 (section 38), incest (section 44), sexual
penetration of child under 16 (section 45(1)),
sexual penetration of 16 or 17 year old
(section 48(1)), sexual penetration of person
with impaired mental functioning (section
25 51(1)) and sexual penetration of resident of
residential facility (section 52(1)).";
(c) items 4 and 5 are repealed;
(d) after item 34 insert--
"34A. Without limiting item 34, an offence referred to
30 in paragraph (ab), (ac), (b), (c), (d) or (e) of
Schedule 1 to the Sentencing Act 1991 where
the person against whom the offence is
committed is a child.".
18
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 27
Act No.
27. Sentencing Act amended to prevent courts from
having regard to consequences under Principal Act
Before section 5(2C) of the Sentencing Act 1991
insert--
"(2BC) In sentencing an offender a court must not
5
have regard to any consequences that may
arise under the Sex Offenders Registration
Act 2004 from the imposition of the
sentence.".
28. New section 29A inserted in Births, Deaths and
10
Marriages Registration Act 1996
After section 29 of the Births, Deaths and
Marriages Registration Act 1996 insert--
"29A. Registrar to notify Chief Commissioner of
Police of change of name of certain sex
15
offenders
(1) If--
(a) under section 63(1A) of the Sex
Offenders Registration Act 2004 the
Registrar has been notified of details in
20
relation to a person; and
(b) the Registrar, at any time on or after
that notification, registers a change of
name of that person--
the Registrar must, as soon as practicable
25
after that registration, cause written notice of
it to be given to the Chief Commissioner of
Police.
(2) A notice under sub-section (1) must state
both the person's former name and new
30
name.".
19
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
s. 29
Act No.
29. New section 30I inserted in Births, Deaths and
Marriages Registration Act 1996
In Part 4A of the Births, Deaths and Marriages
Registration Act 1996, after section 30H
insert--
5
"30I. Registrar to notify Chief Commissioner of
Police
(1) If--
(a) under section 63(1A) of the Sex
Offenders Registration Act 2004 the
10
Registrar has been notified of details in
relation to a person; and
(b) the Registrar, at any time on or after
that notification, under this Part alters
the record of that person's sex in that
15
person's birth registration or issues a
document acknowledging that person's
name and sex --
the Registrar must, as soon as practicable
after altering the record or issuing the
20
document, cause written notice of it to be
given to the Chief Commissioner of Police.
(2) A notice under sub-section (1) must state
both the person's former sex and new sex and
former name and new name, as the case
25
requires.".
20
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
Sex Offenders Registration (Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
21
551301B.A1-25/5/2005 BILL LA AS SENT 25/5/2005
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