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Relevant offences for prohibition orders

Information about the offences, that can lead to a person being placed on a prohibition order.

A person can be placed on a preventative prohibition order if they have been sentenced at any time to a Class 1 or a Class 2 offence under the Sex Offenders Registration Act 2004, or any offence that results in a sex offender registration order being made. The applicable offences are listed below.

See ss. 6, 7—S(opens in a new window)ex Offenders Registration Act 2004 (Vic)(opens in a new window).

Class 1 offences

Class 1 offences are:

  • any offence under the Crimes Act 1958 that involved sexual penetration where the offence was against a child:
    • sexual penetration of a child under 12 (s. 49A)
    • sexual penetration of a child under 16 (s. 49B)
    • sexual penetration of child aged 16 or 17 under care, supervision or authority (s. 49C)
    • persistent sexual abuse of a child under 16 (s. 49J) [or old section 47A]
    • sexual penetration of a child or lineal descendant (s. 50C)
    • sexual penetration of a step-child (s. 50D)
    • sexual penetration of a sibling or half-sibling (s. 50F)
    • sexual penetration of a person with a cognitive impairment or mental illness (s. 52B)
    • facilitating a sexual offence against a child (s. 49S) [or old s. 49A]
    • any offences (in an Act that has been amended of appealed) that contained the essential elements of the offences listed above, or
    • aggravated sexual servitude (s. 53E) [or old s. 60AC]

  • any of the offences listed below from Class 1 listed in Schedule 1 of the Sentencing Act 1991 that have since been repealed:
    • attempted rape, rape, rape (or attempted rape) with aggravating circumstances, rape with mitigating circumstances
    • assault with attempt to rape
    • sexual penetration (or attempted sexual penetration) of a child under 10
    • sexual penetration (or attempted sexual penetration) of a child aged between 10 and 16
    • sexual penetration of a 16 or 17 year old child
    • sexual penetration (or attempted penetration) of a person who is mentally ill or an intellectually defective person
    • carnally knowing (or attempting to carnally know) a girl under 10
    • unlawfully carnally knowing and abusing (or attempting to) a girl aged between 10 and 16
    • attempted sexual penetration of a child under 10
    • attempted sexual penetration of a child aged between 10 and 16
    • incest (but not where both people over 18 and consented to the penetration)
    • carnal knowledge (or attempted carnal knowledge) of a female mentally ill or intellectually defective person
    • indecent act with child under 16
    • indecent act with a child aged 16 or 17
    • administration of drugs to procure sexual penetration
    • occupier permitting unlawful sexual penetration
    • abduction or detention
    • abduction of a child under 16
    • procuring sexual penetration by threats or fraud
    • procuring sexual penetration of a child
    • bestiality
    • grooming for sexual conduct with child under 16
    • sexual offence involving penetration while armed with a weapon
    • sexual servitude (including aggravated or commercial)
    • production of child pornography
    • procuring a minor for child pornography
    • possession of child pornography
    • administering a child pornography website
    • encouraging use of a website that deals with child pornography
    • assisting a person to avoid apprehension
    • sexual performance involving a minor
    • publication or transmission of child pornography

  • common law rape or attempted rape

  • any of the listed offences under the schedule of the Commonwealth Criminal Code where the victim was a child:
    • forced labour involving a child (criminal code)
    • sexual intercourse with a child outside Australia
    • sexual activity (other than sexual intercourse involving a child outside Australia
    • aggravated offence involving a child with mental impairment or under care, supervision or authority of the defendant
    • persistent sexual abuse of a child outside Australia
    • sexual intercourse with a young person outside Australia where the defendant in a position of authority
    • sexual activity other than intercourse with young person outside Australia where the defendant in a position of trust or authority
    • procuring a child to engage in sexual activity outside Australia
    • grooming a child to engage in sexual activity outside Australia, or

  • any offence in a foreign jurisdiction that would have been an offence if the activity had occurred in Victoria
  • any offence that the regulations state is a class 1 offence
  • intending, attempting to commit, conspiring to commit or inciting to commit any offence listed above.

See Schedule 1—Sex Offenders Registration Act 2004 (Vic)(opens in a new window).

Class 2 offences

Class 2 offences are offences against a child under the Crimes Act 1958 that are:

  • sexual assault (s. 40) or sexual assault by compelling sexual touching (s. 40)
  • assault with an intent to commit a sexual offence against a child (s. 42) or threaten to commit a sexual offence (s. 43)
  • procuring sexual act with a child by threat (s. 44) or fraud (s. 45)
  • administration of an intoxicating substance for a sexual purpose (s. 46)
  • abduction or detention for a sexual purpose (s. 47)
  • sexual activity directed at another person (s. 48)
  • sexual assault of a child under 16 (s. 49D)
  • sexual assault of a 16 or 17 year old child under care, supervision or authority (s. 49E)
  • sexual activity in the presence of a child under 16 (s. 49F)
  • sexual activity in the presence of a 16 or 17 year old child under care, supervision or authority (s. 49G)
  • causing a child under the age of 16 to be present during sexual activity (s. 49H)
    • causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity (s. 49I)
    • encouraging a child under 16 to engage in, or be involved in sexual activity (s. 49K)
    • encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in sexual activity (s. 49L)
    • grooming for sexual conduct with a child under 16 (s. 49M)
    • loitering near school by a sex offender (s. 49N)
    • abduction or detention of a child under 16 for a sexual purpose (s. 49P)
    • causing or allowing a sexual performance involving a child (s. 49Q)
    • involving a child in the production of child abuse material (s. 51B)
    • producing child abuse material (s. 51C)
    • distributing child abuse material (s. 51D)
    • administering a website to deal with child abuse material (s. 51E)
    • encouraging the use of a website to deal with child abuse material (s. 51F)
    • possessing (s. 51G) or accessing (s. 51H) child abuse material
    • assisting a person to avoid apprehension (s. 51I)
    • sexual assault of person with a cognitive impairment or mental illness who is a child (s. 52C)
    • sexual activity in the presence of a person with a cognitive impairment or mental illness who is a child (s. 52D)
    • causing a child with a cognitive impairment or mental illness to be present during sexual activity (s. 52E)
    • aggravated deceptive recruiting for commercial sexual services (s. 53G)
    • bestiality (s. 54A)
    • burglary (or aggravated burglary) (s. 76 or 77) in circumstances where a person entered as a trespasser with the intent to commit any offence under the Crimes Act 1959 (Subdivision 8A – 8EA) involving sexual penetration of a child, or

  • any of the following offences under the Sex Work Act 1994

    • causing or inducing a child to take part in sex work
    • obtaining payment for sexual services involving a child
    • making an agreement for sexual services by a child
    • allowing a child to participate in sex work, or

  • publishing or transmitting child pornography under the Classification (Publication, Films and Computer Games) (Enforcement) Act 1995 (Vic), or

  • any offences (in an Act that has been amended of appealed) that contained the essential elements of the offences listed above, or

  • Class 2 offences listed in Schedule 2 of the Sentencing Act 1991 that have since been repealed including:
    • indecent assault with aggravating circumstances
    • indecent assault
    • assault with intent to commit rape
    • assault with intent to commit rape in aggravating circumstances
    • assault with intent to take part in the sexual penetration of a child under 10
    • assault with intent to take part in the sexual penetration of a child between 10 and 16
    • gross indecency with a child under 16
    • assault with the intent to take part in an act of sexually penetrating a mentally ill or intellectually defective person
    • procuring a person by threat or fraud
    • administration of drugs
    • abduction and detention
    • unlawful detention for the purposes of sexual penetration
    • unlawfully and carnally knowing and abusing a girl under the age of 10
    • assault with the intention of carnally knowing a girl under the age of 10
    • assault with the intention of carnally knowing a girl aged between 10 and 16
    • felonious incident assault
    • procuring defilement of woman by threats or fraud or administering drugs
    • forcible abduction of woman
    • beggary
    • indecent assault of male person
    • act of gross indecency of girl under 16, or
  • any offences under the Criminal Code involving:
    • the deceptive recruitment for labour or services against a child
    • using postal services or similar to groom, send indecent material to, or procure a child under 16
    • using a postal service or similar to possess, control, produce, supply or obtain child pornography or child abuse material
    • sexual activity, abuse or sexual intercourse with a child outside Australia
    • grooming or procuring a child to engage in sexual activity outside Australia
    • planning, preparing or encouraging a child sex offence outside Australia
    • postal or telecommunications offences relating to sex or abuse of a child, or
  • any offences under the Customs Act 1901 involving items of child pornography or child abuse material, or

  • any offence committed in a foreign jurisdiction that would have been an offence listed in this schedule had it occurred in Victoria
  • any offence that the regulations state is a class 2 offence, or
  • attempting or conspiring to commit any of the offences listed in a class 2 offence.

See Schedule 2—Sex Offenders Registration Act 2004 (Vic)(opens in a new window).

More information

Legislation

Sex Offenders Registration Act 2004 (Vic)

  • s. 6—who is a registrable offender?
  • s. 7—what is a registrable offence?
  • Schedule 1—class 1 offences
  • Schedule 2—class 2 offences

See Sex Offenders Registration Act 2004 (Vic)(opens in a new window).

Crimes Act 1958 (Vic)

  • Part 1 Subdivision 8A to 8FA
  • s. 35A—defines sexual penetration
  • s. 76—burglary in circumstances where the offender entered the building as a trespasser with intent to commit a sexual offence (under Subdivision 8A to 8EA Crimes Act 1958)
  • s. 77—aggravated burglary where person entered the building to commit a sexual offence

See Crimes Act 1958 (Vic)(opens in a new window).

Sentencing Act 1991 (Vic)

Schedule 1—Class 1 offences

  • cl. 1 Schedule 1—serious offender offences
    • (ab),(c)(ix)—sexual penetration of a child under the age of 10 (old ss. 45(1), 47(1) Crimes Act 1958 (now repealed))
    • (ac), (c)(xii)—sexual penetration of a child aged between 10 and 16 (old ss. 46(1), 48(1) Crimes Act 1958 (now repealed))
    • (b)(i), (c)(iii), (d)(i)—rape (old ss. 40, 45(1), 44(1) Crimes Act 1958 (now repealed))
    • (b)(ii)—rape with aggravating circumstances (old s. 41 Crimes Act 1958 (now repealed))
    • (d)(ii)—rape with mitigating circumstances (old s. 44(2) Crimes Act 1958 (now repealed))
    • (c)(iv), (d)(iii)—attempted rape (old s. 45 Crimes Act 1958 (now repealed))
    • (c)(vi)—rape with aggravating circumstances (old s. 45(3) Crimes Act 1958 (now repealed))
    • (c)(vii)—attempted rape with aggravating circumstances (old s. 45(4) Crimes Act 1958 (now repealed))
    • (d)(iv)—assault with intent to rape (old s. 45 Crimes Act 1958 (now repealed))
    • (d)(vi)—attempting to unlawfully and carnally know and abuse a girl under the age of 10 (old s. 47 Crimes Act 1958 (now repealed))
    • (d)(ix)—attempting to unlawfully carnally know and abuse a girl aged between 10 and 16 (old s. 48(2) Crimes Act 1958 (now repealed))
    • (c)(x)—attempted sexual penetration of a child under 10 (old s. 47(2) Crimes Act 1958 (now repealed))
    • (d)(viii)—unlawfully and carnally knowing and abusing girl aged between 10 and 16 (old s. 48(1) Crimes Act 1958 (now repealed))
    • (c)(xiii)—attempted sexual penetration of a child aged between 10 and 16 (old s. 48(2) Crimes Act 1958 (now repealed))
    • (c)(xvi), (xvii)—sexual penetration (or attempted penetration) of a mentally ill or intellectually defective person (old s. 51 Crimes Act 1958 (now repealed))
    • (c)(xix), (d)(xi)—incest (but not where both people over 18 and consented to the penetration) (old s. 52 Crimes Act 1958 (now repealed))
    • (d)(xii)—carnal knowledge of a female mentally ill or intellectually defective person (old s. 54 Crimes Act 1958 (now repealed))
    • (d)(xiii)—attempted carnal knowledge of female mentally ill or intellectually defective person
    • (e)(i)(ii)—common law rape or attempted rape

Schedule 2—Class 2 offences

  • cl. 1 Schedule 1—serious offender offences
    • (b)(iii), (c)(ii)—indecent assault with aggravating circumstances (old ss. 43 or 44(2) Crimes Act 1958 (now repealed))
    • (c)(i), (d)(xv)—indecent assault (old ss. 44 (1) and 55(1) Crimes Act 1958 (now repealed))
    • (c)(v)—assault with intent to commit rape (old s. 45(2) Crimes Act 1958 (now repealed))
    • (c)(viii)—assault with intent to commit rape in aggravating circumstances (old s. 45(4) Crimes Act 1958 (now repealed))
    • (c)(xi)—assault with intent to take part in the sexual penetration of a child under 10 (old s. 47(2) Crimes Act 1958 (now repealed))
    • (c)(xiv)—assault with intent to take part in the sexual penetration of a child between 10 and 16 (old s. 48(2) Crimes Act 1958 (now repealed))
    • (c)(xv)—gross indecency with a child under 16 (old s. 50 (1) Crimes Act 1958 (now repealed))
    • (c)(xviii)—assault with the intent to take part in an act of sexually penetrating a mentally ill or intellectually defective person (old s. 51 Crimes Act 1958 (now repealed))
    • (c)(xx)—procuring a person by threat or fraud (old s. 54 Crimes Act 1958 (now repealed))
    • (c)(xxi)—administration of drugs (old s. 55 Crimes Act 1958 (now repealed))
    • (c)(xxii)—abduction and detention (old s. 56 Crimes Act 1958 (now repealed))
    • (c)(xxiii)—unlawful detention for the purposes of sexual penetration (old s. 61 Crimes Act 1958 (now repealed))
    • (d)(v)—unlawfully and carnally knowing and abusing a girl under the age of 10 (old s. 46 Crimes Act 1958 (now repealed))
    • (d)(vii)—assault with intent to carnally know and abuse a child under 10 (old s. 47 Crimes Act 1958 (now repealed))
    • (d)(x)—assault with intent to carnally know and abuse a child aged between 10 and 16 (old s. 47 Crimes Act 1958 (now repealed))
    • (d)(xiv)—assault with intent to carnally know a female mentally ill or intellectually defective person (old s. 54 Crimes Act 1958 (now repealed))
    • (d)(xvi)—felonious incident assault (old s. 55(3) Crimes Act 1958 (now repealed))
    • (d)(xvii)—procuring defilement of woman by threats or fraud or administering drugs (old s. 57 Crimes Act 1958 (now repealed))
    • (d)(xviii)—forcible abduction of woman (old s. 62 Crimes Act 1958 (now repealed))
    • (d)(xix)—buggary
    • (d)(xx)—indecent assault on male person
    • (d)(xxi)—act of gross indecency with girl under the age of 16 (old s. 69(1) Crimes Act 1958 (now repealed))
    • (e)(iii)—common law assault with intent to rape

See Sentencing Act 1991 (Vic)(opens in a new window).

Criminal Code Act 1995 (Cth)

  • Chapter 8, Division 270—Slavery and slavery like conditions
  • s. 270.6—forced labour involving a child
  • s. 270.7—deceptive recruiting for labour or services
  • s. 271.4—trafficking in children
  • s. 271.7—domestic trafficking in children
  • Division 272—Child sex offences outside Australia
  • s. 272.8(1)—sexual intercourse with a child outside Australia
  • s. 272.9(1)—sexual activity (other than sexual intercourse involving a child outside Australia
  • s. 272.10(1)—aggravated offence involving a child with mental impairment or under care, supervision or authority of the defendant
  • s. 272.11(1)—persistent sexual abuse of a child outside Australia
  • s. 272.12(1)(2)—sexual intercourse with a young person outside Australia where the defendant in a position of authority
  • s. 272.13(1)(2)—sexual activity other than intercourse with young person outside Australia where the defendant in a position of trust or authority
  • s. 272.14(1)—procuring a child to engage in sexual activity outside Australia
  • s. 272.15(1)—grooming a child to engage in sexual activity outside Australia
  • s. 272.18—benefiting from an offence under Chapter 8, Division 270 of this code (Slavery or slavery like conditions) (of forced labour, trafficking,
  • s. 272.19—encouraging a sex offence outside Australia
  • s. 272.20—planning or preparing a sex offence outside Australia
  • s. 273.5(1)—possessing, controlling, producing or obtaining child pornography material outside Australia
  • s. 273.6(1)—possessing, controlling, producing or obtaining child abuse material outside Australia
  • s. 273.7(1)—aggravated offence involving possession of child porn or child abuse materials outside Australia on 3 or more occasions or involving 2 or more people
  • Division 471—Postal offences
  • s. 471.16—using a postal or similar service for child porn material
  • s. 471.17—possessing, controlling, producing, supplying or obtaining child pornography material to use through the post or similar services
  • s. 471.19—using postal or similar service for child abuse material
  • s. 471.20—possessing, controlling, producing, supplying or obtaining child abuse material to use through the post or similar services
  • s. 471.22—postal offence involving conduct on 3 or more occasions or involving 2 or more people
  • s. 471.23A(1)—conduct for the purposes of electronic service used for child abuse material
  • s. 471.24—using postal or similar service to procure a child under 16
  • s. 471.25—using a postal or similar service to groom a child under 16
  • s. 471.25A—using a postal or similar service to groom another person to make it easier to procure persons under 16
  • s. 471.26—using a postal or similar service to send indecent material to a person under 16
  • s. 474—Telecommunications offences
  • s. 474.19(1)—using a carriage service for child pornography material
  • s. 474.20(1)—possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service
  • s. 474.22(1)—using a carriage service for child abuse material
  • s. 474.23(1)—possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
  • s. 274.24A—aggravated telecommunications offences relating to using a carriage services on 3 or more occasions or involving 2 or more people
  • s. 274.25A—using a carriage service for sexual activity involving a child under 16
  • s. 274.25B—using a carriage service to commit an offence involving a child with mental impairment, or under the care supervision or authority of the offender
  • s. 274.26—using a carriage service to procure a person under 16
  • s. 274.27—using a carriage service to groom a person under 16
  • s. 274.27A—using a carriage service to transmit indecent communication to a child under 16

See Criminal Code Act 1995 (Cth)(opens in a new window).

Classification (Publication, Films and Computer Games) (Enforcement) Act 1995 (Vic)

  • s. 57A—publication or transmission of child pornography

See Classification (Publications, Films and Computer Games)(Enforcement) Act 1995 (Vic)(opens in a new window).

Sex Work Act 1994 (Vic)

  • s. 5(1)—causing or inducing a child to take part in sex work
  • s. 6(1)—obtaining payment for sexual services provided by a child
  • s. 7(1)—agreement for provision of sexual services by a child
  • s. 11(1)—allowing a child to take part in sex work

See Sex Work Act 1994 (Vic).(opens in a new window)

Customs Act 1901 (Cth)

  • s. 233BAB—special offence relating to items of child pornography or child abuse material

See Customs Act 1901 (Cth)(opens in a new window).

Updated