Victorian Current Acts Victorian Current ActsS. 11(1) amended by No. 82/2014 s. 5(1).
(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.
S. 11(1A) inserted by No. 25/2017 s. 27(1).
(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.
S. 11(2) substituted by No. 25/2017 s. 27(2).
(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.
S. 11(2A) inserted by No. 55/2009 s. 41, substituted by No. 25/2017 s. 27(2).
(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.
S. 11(2AB) inserted by No. 25/2017 s. 27(2).
(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.
S. 11(2B) inserted by No. 82/2014 s. 5(2), amended by No. 25/2017 s. 27(3).
(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.
S. 11(3) amended by No. 34/2005 s. 9(1).
(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.
S. 11(5) amended by Nos 34/2005 s. 9(2)(a)(b), 48/2006 s. 42(Sch. item 33.5), 25/2017 s. 27(4).
(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 ).
S. 11(6) amended by Nos 34/2005 s. 9(3), 82/2014 s. 5(3), 25/2017 s. 27(5).
(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.
S. 11(6A) inserted by No. 34/2005 s. 9(4).
(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.
S. 11(7) repealed by No. 34/2005 s. 10(1).
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S. 11(8) repealed by No. 25/2017 s. 27(6).
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S. 11(9) inserted by No. 32/2016 s. 43, amended by No. 27/2018 s. 365(1).
(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.
S. 11(10) inserted by No. 32/2016 s. 43.
(10) On the making of an order referred to in subsection (9)—
(a) the offender is subject to that sex offender registration order; and
S. 11(10)(b) amended by No. 25/2017 s. 27(7)(a).
(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.
S. 11(10)(c) repealed by No. 25/2017 s. 27(7)(b).
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S. 11(11) inserted by No. 25/2017 s. 27(8).
(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.
Pt 2 Div. 2 (Heading and ss 11A– 11G) inserted by No. 25/2017 s. 7.
Division 2—Registration exemption orders
S. 11A inserted by No. 25/2017 s. 7.