Victorian Consolidated Legislation

Sex Offenders Registration Act 2004 - SECT 11

Sex offender registration order

11. Sex offender registration order



(1) If a court finds a person guilty of an offence 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.

(2) A court on sentencing a person for a Class 1 or Class 2 offence committed
as a child may order that the person comply with the reporting obligations of
this Act if, because of section 6(3)(a), the person is not a registrable
offender.

(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 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 if an application for
the making of the order is made by the prosecution not later than 30 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.



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(8) Division 5 of Part 3 applies to a person subject to an order made under
subsection (2) as it would have if this Act had not contained section 6(3)(a).

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