Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

49S Facilitating a sexual offence against a child

(1)A person (A) commits an offence if—

(a)A engages in conduct that aids, facilitates or contributes in any way to another person (B) engaging in sexual conduct (whether or not in Victoria) in relation to a child; and

(b)A engages in the conduct with the intention of obtaining a benefit for A or another person (C); and

(c)A—

(i)intends that the conduct will aid, facilitate or contribute in any way to B engaging in sexual conduct in relation to a child; or

(ii)knows that the conduct will, or probably will, aid, facilitate or contribute in any way to B engaging in sexual conduct in relation to a child; and

(d)B's engaging in sexual conduct in relation to a child—

(i)constitutes an offence against section 38(1), 39(1), 40(1), 41(1) or a provision of this Subdivision (other than this section); or

(ii)constitutes an offence against a provision of Division 272 of Chapter 8 of the Criminal Code of the Commonwealth; or

(iii)takes place outside Victoria but would, if the conduct occurred in Victoria, constitute an offence against a provision covered by subparagraph (i) whether or not it constitutes an offence in the place in which it takes place.

(2)A person who commits an offence against subsection (1) is liable to level 3 imprisonment (20 years maximum).

(3)For the purposes of subsection (1), conduct that aids, facilitates or contributes in any way to another person engaging in sexual conduct in relation to a child includes—

(a)making travel arrangements; and

(b)causing or allowing a child to enter or remain on premises which A owns, occupies, manages or assists in managing.

A mistaken but honest and reasonable belief that B's engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence, is not a defence to this offence—see section 49ZC.