Section 11(1) of the Sex Offenders Registration Act 2004 (Vic) confers power to make a sex offender registration order in respect of any offence not classified as Class 1 or Class 2, including offences not falling within any of the four classes specified in the Act. A sentencing judge's refusal to make such an order will not be disturbed on appeal where the judge has taken into account all relevant matters and the decision has rational bases, regardless of whether the standard of review is framed as Wednesbury unreasonableness or the House v The King principles. The question whether a Crown appeal is competent where the complaint is a failure to make (rather than an error in) a SORA order remains unresolved.
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