What the Law states - Loitering near schools

Crimes Act 1958 - SECT 60B

Loitering near schools etc.

60B. Loitering near schools etc.

(1) In this section, sexual offence means-

(a) an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; or

(b) any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8; or

(c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b).

(2) A person who-

(a) has been found guilty of-

(i) a sexual offence; or

(ia) an offence against-

(A) section 5, 6, 7 or 11 of the Prostitution Control Act 1994; or

(B) section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986; or

(C) section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991; or

(ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or

(iii) an offence against section 19 of the Summary Offences Act 1966; or

(iv) an offence against section 68, 69 or 70 or an offence of attempting to commit an offence against section 69; or

(v) an offence against-

(A) section 60A of the Classification of Films and Publications Act 1990; or

(B) section 168A, 168B or 168C of the Police Offences Act 1958- as in force at any time before its repeal; and

(b) is found loitering without reasonable excuse in or near-

(i) a school, kindergarten or child care centre; or

(ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering- is guilty of an offence.

(2A) An offence against subsection (2) is-

(a) an indictable offence for which the offender is liable to level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) if at the time of the commission of the offence the offender had previously been sentenced as a serious sexual offender (within the
meaning of Part 2A of the Sentencing Act 1991) for a sexual offence (within the meaning of that Part) or a violent offence (within the meaning of that Part); or

(b) a summary offence for which the offender is liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) in any other case.

(3) If a person has at any time been convicted of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence the conviction for the offence against that law must be taken for the purposes of this section to be a
conviction of a sexual offence.