Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SCHEDULE

Section 3(1)
1. An offence against the Crimes Act 1958 that involves sexual penetration
(within the meaning given by section 35(1) of the Crimes Act 1958).

Note Item 1 covers any offence against the Crimes Act 1958 that involves
sexual penetration including rape (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 a cognitive
impairment by providers of medical or therapeutic services (section 51(1)) and
sexual penetration of person with a cognitive impairment by providers of
special programs (section 52(1)).
1A. An offence against section 38A of the Crimes Act 1958 (compelling sexual
penetration).

2. An offence against section 47A of the Crimes Act 1958 (persistent sexual
abuse of child under the age of 16).

3. An offence against section 49A of the Crimes Act 1958 (facilitating sexual
offences against children).

* * * * *

6. An offence against section 39 of the Crimes Act 1958 (indecent assault).

7. An offence against section 40(1) of the Crimes Act 1958 (assault with
intent to rape).

8. An offence against section 47(1) of the Crimes Act 1958 (indecent act with
child under the age of 16).
9. An offence against section 49(1) of the Crimes Act 1958 (indecent act with
16 or 17 year old child).

10. An offence against section 51(2) of the Crimes Act 1958 (indecent act with
person with a cognitive impairment by providers of medical or therapeutic
services).

11. An offence against section 52(2) of the Crimes Act 1958 (indecent act with
person with a cognitive impairment by providers of special programs).

12. An offence against section 53 of the Crimes Act 1958 (administration of
drugs etc.).

13. An offence against section 54 of the Crimes Act 1958 (occupier etc.
permitting unlawful sexual penetration).
14. An offence against section 55 of the Crimes Act 1958 (abduction or
detention).

15. An offence against section 56 of the Crimes Act 1958 (abduction of child
under the age of 16).
16. An offence against section 57 of the Crimes Act 1958 (procuring sexual
penetration by threats or fraud).

17. An offence against section 58 of the Crimes Act 1958 (procuring sexual
penetration of a child).

18. An offence against section 59 of the Crimes Act 1958 (bestiality).
19. An offence against section 60AB of the Crimes Act 1958 (sexual servitude).





20. An offence against section 60AC of the Crimes Act 1958 (aggravated sexual
servitude).
20A. An offence against section 60AD of the Crimes Act 1958 (deceptive
recruiting for commercial sexual services).

21. An offence against section 60AE of the Crimes Act 1958 (aggravated
deceptive recruiting for commercial sexual services).
22. An offence against section 60B(2) of the Crimes Act 1958 (loitering near
schools etc.).
23. An offence against section 68(1) of the Crimes Act 1958 (production of
child pornography).
24. An offence against section 69 of the Crimes Act 1958 (procurement of minor
for child pornography).
25. An offence against section 70(1) of the Crimes Act 1958 (possession of
child pornography).
26. An offence against section 70AC of the Crimes Act 1958 (sexual performance
involving a minor).
27. An offence against section 76 of the Crimes Act 1958 (burglary) in
circumstances where the offender entered the building or part of the building
as a trespasser with intent to commit a sexual or indecent assault.
28. 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 a sexual or indecent assault.
29. An offence against section 5(1) of the Prostitution Control Act 1994
(causing or inducing a child to take part in prostitution).
30. An offence against section 6(1) of the Prostitution Control Act 1994
(obtaining payment for sexual services provided by a child).
31. An offence against section 7(1) of the Prostitution Control Act 1994
(agreement for provision of sexual services by a child).
32. An offence against section 11(1) of the Prostitution Control Act 1994
(allowing child to take part in prostitution).
33. An offence against section 57A of the
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
(publication or transmission of child pornography).
34. An offence against a provision of an Act amended or repealed before the
commencement of this Act 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 33.
34A. Without limiting item 34, an offence referred to in paragraph (ab), (ac),
(b), (c), (d) or (e) of Schedule 1 to the Sentencing Act 1991.

35. An offence against section 50BA, 50BB, 50DA or 50DB of the Crimes Act 1914
of the Commonwealth (offences involving sexual intercourse outside Australia
with child under the age of 16).
36. An offence against section 50BC or 50BD of the Crimes Act 1914 of the
Commonwealth.
37. An offence against section 270.6 or 270.7 of the Criminal Code of the
Commonwealth.

37A. An offence against section 271.4 (trafficking in children) or section
271.7 (domestic trafficking in children) of the Criminal Code of the
Commonwealth in circumstances where the purpose of the exploitation is to
provide sexual services within the meaning of that section.
38. An offence against any of the following sections of the Criminal Code of
the Commonwealth-

   (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
        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 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).
39. An offence against section 233BAB of the Customs Act 1901 of the
Commonwealth involving items of child pornography or of child abuse material.
39A. An offence that, at the time it was committed, was an offence listed in
this Schedule.

40. An offence an element of which is an intention to commit an offence of a
kind listed in this Schedule.
41. An offence of attempting, or of conspiracy or incitement, to commit an
offence of a kind listed in this Schedule. ---------------