Victorian Current Acts

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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 34

Length of reporting period

    (1)     A registrable offender must continue to comply with the reporting obligations imposed by this Part for—

        (a)     8 years, if he or she has only ever been found guilty of a single Class 2 offence; or

        (b)     15 years, if he or she—

S. 34(1)(b)(i) amended by Nos 18/2008 s. 18(1), 47/2016 s. 43(1)(a).

              (i)     has only ever been found guilty of a single Class 1 offence (other than an offence referred to in item 2 or item 4 of Schedule 1); or

S. 34(1)(b)(ii) substituted by No. 34/2005 s. 15(1).

              (ii)     has ever been found guilty of 2 Class 2 offences; or

S. 34(1)(c) substituted by No. 34/2005 s. 15(2).

        (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

S. 34(1)(c)(ia) inserted by No. 18/2008 s. 18(2), amended by No. 47/2016 s. 43(1)(b).

        (ia)     has ever been found guilty of a single offence referred to in item 2 or item 4 of Schedule 1; or

              (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.

Note to s. 34(1) substituted by No. 55/2009 s. 45(1).

Notes

1     If every registrable offence for which a person has been found guilty is committed when he or she is a child, the reporting period is reduced—see section 35. If one or more of the offences for which a person has ever been found guilty is committed when that person is an adult, the reporting periods specified in section 34 apply as if the Act did not contain section 35.

2     A life-long reporting obligation may be suspended under Division 6.

S. 34(1A) inserted by No. 55/2009 s. 45(2).

    (1A)     A reference in subsection (1) to an offence extends to an offence committed as a child.

    (2)     A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection.

    (3)     For the purposes of this section—

        (a)     2 or more offences arising from the same incident are to be treated as a single offence; and

        (b)     2 or more offences arising from the same incident are to be treated as a single Class 1 offence if at least one of those offences is a Class 1 offence.

Note

The meaning of single offence is qualified by section 5(1).

S. 34(4) inserted by No. 34/2005 s. 10(2).

    (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 deemed to have been found guilty of a Class 1 offence; and

        (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.



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