Child sex offenders not to be in or near places where children are regularly present
557K Child sex offenders not to be in or near places where children are regularly present
In this section, unless the contrary intention appears —
child means a person under 18 years of age;
child care centre means a place where —
an education and care service as defined in the Education and Care Services National Law (WA) section 5(1) operates; or
a child care service as defined in the Child Care Services Act 2007 section 4 is provided;
child sex offender means a person who has been convicted of —
an offence under any of these Chapters of this Code that was committed against, in respect of, or in the sight of, a child —
Chapter XXII — Offences against morality;
Chapter XXV 5 — Child exploitation material;
Chapter XXXI — Sexual offences;
Chapter XXXIII — Offences against liberty;
or
an offence under Chapter XXXIIIB that was committed against or in respect of a child; or
an offence under any of these repealed enactments of this Code that was committed against a child —
section 315 (Indecent assault on males);
Chapter XXXIA — Sexual assaults;
Chapter XXXII — Assaults on females: Abduction;
or
an offence under any of these provisions of The Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth) —
Division 272 — Child sex offences outside Australia;
Division 273 — Offences involving child pornography material or child abuse material outside Australia;
Division 474 Subdivision D — Offences relating to use of carriage service for child pornography material or child abuse material;
Division 474 Subdivision F — Offences relating to use of carriage service involving sexual activity with person under 16;
or
an offence under the repealed Part IIIA Division 2 of the Crimes Act 1914 (Commonwealth); or
an offence under section 59 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996 that was committed in circumstances in which an indecent or obscene article was sold, supplied or offered to a child; or
an offence under the deleted section 60 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996; or
an offence under section 101 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996 that was committed in circumstances in which —
objectionable material was transmitted or demonstrated to a child; or
the objectionable material was child exploitation material (as defined in section 217A 5);
or
an offence under section 102 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996; or
an offence committed under section 5(1), 6(1), 15, 16, 17 or 18 of the Prostitution Act 2000 committed against or in respect of a child; or
an offence under this section; or
an offence under the repealed section 66(11) of the Police Act 1892 committed in the sight of a child; or
an offence against a law of a jurisdiction other than Western Australia that is substantially similar to an offence referred to in any of paragraphs (a) to (j).
A reference in paragraph (a) or (b) of the definition of child sex offender in subsection (1) to a Chapter of this Code includes a reference to the Chapter as enacted at any time.
A reference in paragraph (c) of the definition of child sex offender in subsection (1) to an enactment of this Code includes a reference to the enactment as enacted at any time before it was repealed.
[(4), (5) deleted]
A child sex offender who, without reasonable excuse, is in or near a place that is —
a school, kindergarten or child care centre; or
a public place where children are regularly present,
and where children are at the time is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.
[Section 557K inserted: No. 70 of 2004 s. 33; amended: No. 10 of 2006 Sch. 1 cl. 2; No. 21 of 2010 s. 5; No. 11 of 2012 s. 31; No. 5 of 2014 s. 6; No. 25 of 2021 s. 67; No. 2 of 2026 s. 102.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.