{"id":"a-2005-30","name":"Crimes (Child Sex Offenders) Act 2005","slug":"crimes-child-sex-offenders-act-2005","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"30 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23342,"registerId":"act-a-2005-30-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Purpose and outline 3\n7 Meaning of finding of guilt 4\n8 Who is a registrable offender? 7\n9 Registrable offender—exceptions 8\n\nPage\ncontents 2 Crimes (Child Sex Offenders) Act 2005\n10 What is a registrable offence? 10\n11 Who is a prescribed corresponding offender? 11\n11A Chief police officer to decide if certain people prescribed\ncorresponding offenders 11\n12 Appeal proceedings irrelevant 13\n13 Effect of quashing of finding of guilt etc 13\nDivision 2.2.1 Child sex offender registration orders—generally\n14 What is a child sex offender registration order? 14\nDivision 2.2.2 Orders for offenders guilty of offence other than class\n1 or class 2 offence\n15 Court may make child sex offender registration order 14\n16 Court may only make order if person risk to sexual safety 14\n17 Court may only make order with sentence 15\n18 Court may only make order on prosecution application 15\n18A Meaning of previous offender—div 2.2.3 15\n18B Application for child sex offender registration order in relation to\nprevious offender 15\n18C Court may make child sex offender registration order in relation to\nprevious offender 16\n18D Matters court must consider before making registration order in\nrelation to previous offender 17\n18E Keeping documents connected with order 18\n19 What is a reporting obligation? 19\n20 What is a reporting obligation provision? 19\n\nPage\ncontents 3\nDivision 3.2.1 When registrable offender must make initial report of\npersonal details\n22 Offender in custody at commencement of Act must report 21\n23 Offender must report after sentencing 22\n24 Offender entering ACT must report 23\n25 Prescribed corresponding offender must report 24\n26 Exception—offender’s reporting obligations suspended 25\n27 Exception—protected registrable offender 25\nDivision 3.2.2 When registrable offender must make new initial report\nof personal details\n28 Offender later sentenced for registrable offence must report 25\n29 Offender who later becomes prescribed corresponding offender must\nreport 26\n30 Offender whose reporting suspension ceases must report 27\n31 Exception—offender’s reporting obligations suspended 29\n32 Exception—protected registrable offender 29\n33 Person entering ACT must make contact 29\n34 Offender entering ACT must make contact 30\n35 Exception—person has already made contact 31\n36 Exception—offender’s reporting obligations suspended 32\n37 Offender must report annually 33\n38 Exception—offender in government custody 34\n39 Exception—offender outside ACT 34\n40 Exception—offender’s reporting obligations suspended 34\n41 Exception—protected registrable offender 35\n42 Offender leaving ACT must report travel details 35\n43 Defence—impracticable to report 7 days before leaving 36\n44 Offender not to be punished twice for failing to report travel 36\n\nPage\ncontents 4 Crimes (Child Sex Offenders) Act 2005\n45 Offender outside ACT must report travel details 37\n46 Offender outside ACT must report change of travel details 37\n47 Offender must report return to ACT 38\n48 Offender must report decision not to leave ACT 39\n49 Offender must report regular travel 40\n50 Application to protected registrable offender 40\n51 Exception—protected registrable offender 40\n52 Exception—offender in government custody 41\n53 Exception—offender’s reporting obligations suspended 41\n54 Offender in ACT must report change of details 41\n55 Offender returning to ACT must report change of details 43\n56 Offender leaving custody must report 44\n57 Exception—offender’s reporting obligations suspended 45\n58 Exception—protected registrable offender 45\n58A Offence—fail to report as required 45\n59 What are personal details? 47\n60 Meaning of some concepts in s 59 50\n61 Meaning of employment in s 59 51\n62 Application of s 59 to protected registrable offender 52\n63 How is a report made in an approved way? 52\n64 Where are approved reporting places? 52\n65 Reports by young offenders 52\n66 Reports by offenders with disability 53\n67 Regulation about reports not made in person 54\n68 Police officers who may receive reports 54\n69 Police officer receiving report may arrange interpreter 55\n70 Offence—offender reporting in person must provide identification etc 55\n\nPage\ncontents 5\n71 Offence—person reporting in person for offender must provide\nidentification 56\n72 Identification documents may be copied 57\n73 Right to privacy when reporting in person 57\n74 Right to have support person when reporting in person 58\n75 Offender reporting in person may be fingerprinted to confirm identity 58\n76 Offender to be told why fingerprints needed 59\n77 Offence—offender must allow fingerprinting 59\n78 Photographing offender 60\n78A Order allowing use of force for photographing offender 61\n79 Right to privacy when being photographed 62\n80 Right to have support person when being photographed 62\nDivision 3.4.4 Report to be acknowledged\n81 Receipt of report to be acknowledged 63\n82 Documents, fingerprints, photographs may be kept 64\n83 When reporting period begins 65\n84 Reporting period—single class 1 offence—15 years 65\n85 Reporting period—single class 2 offence—8 years 65\n86 Reporting period—2 class 2 offences—15 years 66\n87 Reporting period—multiple offences—life 66\n88 Offences committed before commencement of Act used to work out\nlength of reporting period 66\n89 Reduced reporting period for young offenders 67\n90 Offences arising from same incident taken as 1 offence 67\n91 Reporting period for person subject to child sex offender registration\norder 67\n92 Extended reporting period for offenders on parole 68\n93 Extended reporting period for offender in custody 68\n94 Reporting period for prescribed corresponding offenders 68\n95 Pt 3.6 only applies to offender with life-long reporting period 69\n\nPage\ncontents 6 Crimes (Child Sex Offenders) Act 2005\n96 Eligibility of offender to apply for suspension order 69\n97 Supreme Court may make suspension order 69\n98 Chief police officer is party to application 70\n99 No costs to be awarded for suspension order application 70\n100 Unsuccessful applicant cannot reapply for 5 years 70\n101 Suspension order ceases if offender reoffends 71\n102 Application for new suspension order 71\n103 What is a reporting obligations notice? 73\n104 Reporting obligations notice to be given when person becomes\nregistrable offender 73\n105 Reporting obligations notice may be given at any time 74\n106 Courts to provide sentencing information to chief police officer 74\n107 Chief police officer must tell offender if reporting period changes 75\n108 Supervising authority to tell chief police officer of certain events 75\n109 Procedural defects do not affect offender’s obligations 76\n110 Who is a protected registrable offender? 77\n111 Protected and unprotected registrable offender declarations 77\n115 When protected and unprotected registrable offender declarations take\neffect 78\nPart 3.10 Failure to comply with reporting obligations—\npublic notices\n116A Chief police officer may issue public notice in certain circumstances 79\n116B Definitions—pt 3.11 80\n116C Entry and search warrant—application 81\n116D Application for entry and search warrant—supporting information 82\n116E Entry and search warrant—remote application 83\n\nPage\ncontents 7\n116F Entry and search warrant—deciding application 83\n116G Content of entry and search warrant 84\n116H What an entry and search warrant may authorise 85\n116I Extension and amendment of entry and search warrant 87\n116J Revocation of entry and search warrant 88\n116K Use of force and availability of assistance in executing entry and\nsearch warrant 89\n116L Announcement before entry 89\n116M Details of warrant to be given to occupier etc 90\n116N Occupier entitled to be present during search etc 90\n116O Use of equipment to examine or process things 91\n116P Use of electronic equipment at premises 91\n116Q Order requiring registrable offender to assist with access to data etc 93\n116R Damage etc to be minimised 94\n116S Compensation 95\n116T Copies of seized things to be provided 95\n116U Receipt for things seized 96\n116V Return or destruction of things seized 96\n116W Application for order disallowing seizure 97\n116X Forfeiture and disposal of seized things 98\n116Y Offence—refusal of entry to premises 100\n116Z Admissibility of evidence 100\n117 Establishment of child sex offenders register 101\n118 Access to child sex offenders register restricted 102\n119 Access to information about protected witnesses restricted 102\n120 Offence—unauthorised person must not access child sex offenders\nregister 103\n122 Registrable offender may correct child sex offenders register 103\n\nPage\ncontents 8 Crimes (Child Sex Offenders) Act 2005\n122A Order for removal of registrable offender—application by chief police\nofficer 104\n122B Notice to victim of proposed application for order 105\n122C Order for removal of registrable offender who was young offender at\ntime of offence—application by offender 106\nChapter 5 Registrable offenders prohibited from\nchild-related employment\n123 What is employment? 109\n124 What is child-related employment? 109\n125 When is a person engaged in child-related employment? 112\n126 Offence—offender must not apply for child-related employment 113\n127 Offence—offender must not engage in child-related employment 113\n128 Offence—person in child-related employment must disclose charges 113\n130 Offence—person must disclose charges if applying for child-related\nemployment 114\n132 Offence—employer must keep information secret 114\n132A Definitions—ch 5A 117\n132AA Delegation 118\n132B Application for prohibition order 119\n132C CYP director-general’s report 120\n132D Court may make prohibition order 121\n132E Matters court must consider before making prohibition order 123\n132F Conduct that may be prohibited by prohibition order etc 125\n132G Term of prohibition order 126\n132H Court may make interim prohibition order 127\n132I Term of interim prohibition order 128\n\nPage\ncontents 9\n132J Extending interim prohibition order if application for prohibition order\nadjourned 129\nPart 5A.4 Amending or revoking prohibition and interim\nprohibition orders\n132K Application to amend or revoke prohibition order or interim prohibition\norder 130\n132L Court may amend or revoke prohibition order or interim prohibition\norder 131\n132M Application for registration of corresponding prohibition order 133\n132N Registration of corresponding prohibition order—no amendment 134\n132O Notice of registration of unamended corresponding prohibition order 134\n132P Registration of corresponding prohibition order—with amendment 136\n132Q Term of registered corresponding prohibition order 137\n132R Application to amend or cancel registration of registered\ncorresponding prohibition order 138\n132S Court may amend or cancel registration of registered corresponding\nprohibition order 139\n132T Definitions—pt 5A.6 140\n132U Appointing litigation guardian for person with legal disability 140\n132V Functions of litigation guardian 141\n132W Removal of litigation guardian 142\n132X Representation of parties with legal disability 142\nPart 5A.7 Other provisions about orders prohibiting\noffender conduct\n132Y Court sets return date 143\n132Z Service of applications 143\n132ZA If personal service impractical or impossible 144\n132ZB Court may issue warrant for person’s arrest 145\n132ZC Giving copy of order to person not before court 145\n132ZD Giving copy of order for young person etc 146\n\nPage\ncontents 10 Crimes (Child Sex Offenders) Act 2005\n132ZE Explaining orders if person before court 147\n132ZF Explaining orders if person not before court 148\n132ZG Proceedings for orders to be closed to public 149\n132ZH Offences—prohibition of publication of identity 150\n132ZI Offence—contravention of prohibition order etc 151\n132ZJ Offence—contravention of registered corresponding prohibition order 152\n132ZK Matters relevant to reasonable excuse defence 153\n","sortOrder":0},{"sectionNumber":"Part 5A","sectionType":"part","heading":"9 Obtaining and disclosing particular","content":"Part 5A.9 Obtaining and disclosing particular\ninformation\n132ZL Meaning of government agency—pt 5A.9 154\n132ZM Chief police officer may require information about person 154\n132ZN Chief police officer may give information about order to prescribed\nentities 155\n132ZO Chief police officer may give information about order to person with\nparental responsibility for child at risk 156\n132ZP Offence—prescribed entities and people with parental responsibility to\nkeep information secret 156\n132ZQ CYP director-general to be given information about young person 159\n132ZR Certain material may be kept 159\n132ZS Meaning of appealable decision—pt 5A.10 161\n132ZT Appeals to Supreme Court 161\n132ZU Powers of Supreme Court on appeal 162\n","sortOrder":1},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Notification and review of decisions","content":"Chapter 5B Notification and review of decisions\n132ZV Meaning of reviewable decision—ch 5B 163\n132ZW Reviewable decision notices 163\n132ZX Applications for review 163\n","sortOrder":2},{"sectionNumber":"133","sectionType":"section","heading":"Approved forms 164","content":"133 Approved forms 164\n\nPage\ncontents 11\n133A Offence—secrecy 164\n133B Offence—failure to tell chief police officer about application to change\noffender’s name 166\n134 Protection from liability 166\n135 Effect of spent convictions 167\n136 Evidentiary certificates 167\n137 Regulation-making power 168\nSchedule 1 Class 1 offences 171\nPart 1.1 Offences against ACT legislation 171\nPart 1.2 Offences against other legislation 174\nSchedule 2 Class 2 offences 177\nPart 2.1 Offences against ACT legislation 177\nPart 2.2 Offences against other legislation 180\nSchedule 3 Reviewable decisions 187\nDictionary 188\n1 About the endnotes 195\n2 Abbreviation key 195\n3 Legislation history 196\n4 Amendment history 201\n5 Earlier republications 216\n6 Expired transitional or validating provisions 219\n\nAn Act about registration and reporting requirements for certain offenders who\ncommit sexual offences against children, and for other purposes\n\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Crimes (Child Sex Offenders) Act 2005.\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘witness protection program—see\nthe Witness Protection Act 1996, dictionary.’ means that the term\n‘witness protection program’ is defined in that dictionary and the\ndefinition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Chapter 1\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Purpose and outline","content":"6 Purpose and outline\n(1) The purpose of this Act is to—\n(a) require certain offenders who commit sexual offences to keep\npolice informed of their whereabouts and other personal details\nfor a period of time—\n(i) to reduce the likelihood that they will reoffend; and\n(ii) to facilitate the investigation and prosecution of future\noffences that they may commit; and\n(b) prevent registrable offenders working in child-related\nemployment; and\n(c) prohibit registrable offenders from engaging in conduct that\nposes a risk to the lives or sexual safety of children.\n(2) In outline, this Act—\n(a) provides for the establishment of a child sex offenders register;\nand\n\n(b) requires certain offenders who are sentenced for registrable\noffences to report particular personal details for inclusion in the\nchild sex offenders register; and\n(c) allows the sentencing court to order young offenders to comply\nwith the reporting obligations of the Act; and\n(d) requires the offenders to keep their details up to date, to report\ntheir details annually and to also report certain travel details; and\n(e) imposes the reporting obligations for a period of between\n4 years and life, depending on the number, severity and timing\nof the offences committed, and the age of the offender when an\noffence was committed; and\n(f) allows for the recognition of the period of reporting obligations\nimposed under laws of foreign jurisdictions; and\n(g) makes it an offence for registrable offenders to work in\nchild-related employment; and\n(h) allows the chief police officer to apply to the Magistrates Court\nfor orders prohibiting registrable offenders from engaging in\nconduct that poses a risk to the lives or sexual safety of children.\nNote The Ombudsman Act 1989 authorises the ombudsman to monitor\ncompliance with this Act, pt 3.11 (Entry and search warrants) and\nch 4 (Child sex offenders register).\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of finding of guilt","content":"7 Meaning of finding of guilt\n(1) For this Act, a reference to a finding of guilt (however expressed) in\nrelation to an offence committed by a person is a reference to any of\nthe following:\n(a) a court making a formal finding of guilt in relation to the\noffence;\n(b) a court accepting a plea of guilty from the person in relation to\nthe offence;\n\nPreliminary Chapter 1\n(c) an offence taken into account by a court under the Crimes\n(Sentencing) Act 2005, part 4.4 (Taking additional offences into\naccount) in making a sentence-related order in relation to a\nprincipal offence, or an admission (however described) being\naccepted in relation to the offence under a corresponding\nprovision of a foreign law;\n(d) an order (however described) being made in relation to the\noffence under—\n(i) the Crimes (Sentencing) Act 2005, section 17\n(Non-conviction orders—general); or\n(ii) a provision of a foreign law corresponding to a provision\nmentioned in subparagraph (i);\n(e) a finding (however expressed) under the Crimes Act 1900,\ndivision 13.3 or the Criminal Code, section 28 (7) of not guilty\nbecause of mental impairment, or a finding under a\ncorresponding provision of a foreign law.\n(2) For this Act, a reference to a finding of guilt (however expressed) in\nrelation to an offence does not include a reference to—\n(a) a finding of guilt mentioned in subsection (1) (c) if—\n(i) the offence was taken into account by a court under the\nCrimes (Sentencing) Act 2005, part 4.4 (Taking additional\noffences into account) in making a sentence-related order\nin relation to a principal offence; and\n(ii) the decision to take the offence into account is\nsubsequently quashed or set aside by a court; or\n(b) a finding of guilt mentioned in subsection (1) (c) if—\n(i) an admission (however described) was accepted in relation\nto the offence under a corresponding provision of a foreign\nlaw; and\n\n(ii) the decision to accept the admission is subsequently\nquashed or set aside by a court; or\n(c) in any other case—a finding of guilt that is subsequently\nquashed or set aside by a court.\n(3) For this section, a reference to taking into account an offence\nincludes the taking into account of the offence under the Crimes\nAct 1900, section 357 (repealed).\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Who is a registrable offender?","content":"8 Who is a registrable offender?\n(1) A person is a registrable offender if the person—\n(a) is sentenced by a court for a registrable offence; or\n(b) is the subject of a child sex offender registration order; or\n(c) is a prescribed corresponding offender.\nNote 1 Sentence is broadly defined for this Act (see dict, def sentence).\nNote 2 This Act applies to people sentenced by a court of a foreign jurisdiction\nfor certain offences against the law of that jurisdiction (see dict, def court\nand s 10, def registrable offence).\nNote 3 This Act applies to certain people who are registrable offenders for\ncorresponding laws of foreign jurisdictions, even though they are not\nregistrable offenders under this Act (see div 3.2.3 (People required to\nreport under corresponding law)).\n(2) A person is also a registrable offender if—\n(a) the person has been sentenced by a court for a registrable offence\nbefore the commencement of this Act; and\n(b) the person is—\n(i) a prescribed corresponding offender; or\n(ii) a person who, because of a sentence for a registrable\noffence, was under the supervision of a supervising\nauthority immediately before the commencement of\n(3) This section is subject to the following sections:\n• section 9 (Registrable offender—exceptions)\n• section 13 (Effect of quashing of finding of guilt etc).\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Registrable offender—exceptions","content":"9 Registrable offender—exceptions\n(1) A person is not a registrable offender only because—\n(a) a court has made an order against the person for a class 1 or\nclass 2 offence under—\n(i) the Crimes (Sentencing) Act 2005, section 17\n(Non-conviction orders—general); or\n(ii) a provision of a foreign law corresponding to a provision\nmentioned in subparagraph (i); or\n(b) the person has been sentenced for a single class 2 offence, and\nthe sentence did not include—\n(i) a term of imprisonment; or\n(ii) a requirement that the person be under the supervision of a\nsupervising authority or anyone else; or\n(c) the person, as a young person, has been sentenced for—\n(i) a single offence mentioned in schedule 2 (Class 2\noffences), part 2.1 (Offences against ACT legislation),\nitem 3, 4 or 10; or\n(ii) a single class 1 or class 2 offence prescribed by regulation.\nNote The offence mentioned in—\n• sch 2, pt 2.1, item 3 is against the Crimes Act 1900, s 61 (1)\n(act of indecency with young person)\n• sch 2, pt 2.1, item 4 is against the Crimes Act 1900, s 61 (3)\n(act of indecency with young person)\n• sch 2, pt 2.1, item 10 is against the Crimes Act 1900, s 65 (1)\n(possessing child exploitation material).\n\n(2) A person is not a registrable offender only because the person has\nbeen sentenced for an offence mentioned in schedule 2, part 2.2, item\n15 if the court considers, on application by the defence, that the\nperson does not pose a risk to the lives or sexual safety of 1 or more\nchildren, or of children generally.\nNote The offence mentioned in that item is against the Commonwealth\nCriminal Code, s 273A.1 (Possession of child-like sex dolls etc).\n(3) A person is not a registrable offender if—\n(a) the person was a young person at the time the registrable offence\nwas committed; and\n(b) a court considers, on application by the defence, that including\nthe person on the register is inappropriate in the circumstances\nof the case.\n(4) In making a decision for subsection (3) (b), the court must consider—\n(a) the severity of the offence and the seriousness of the\ncircumstances surrounding the commission of the offence; and\n(b) the age of the person at the time of the offence; and\n(c) the level of harm to the victim and the community caused by the\n(d) any attempts at rehabilitation by the person; and\n(e) whether the person poses a risk to the lives or sexual safety of\n(f) any other circumstances that the court considers relevant.\n(5) This section does not apply to a person who is a prescribed\ncorresponding offender.\n\n(6) In this section:\nsingle offence includes a reference to more than 1 offence of the same\nkind arising from the same incident.\nNote Offences arise from the same incident only if they are committed within\na single period of 24 hours and are committed against the same person\n(see dict, def same incident).\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"What is a registrable offence?","content":"10 What is a registrable offence?\nregistrable offence means—\n(a) a class 1 offence; or\n(b) a class 2 offence; or\n(c) in relation to a person for whom a child sex offender registration\norder is made—an offence because of which the order was\nmade.\nNote If a person is found guilty of an offence that is not a class 1 or\nclass 2 offence, the court may make a child sex offender\nregistration order in relation to the person (see s 15). A child sex\noffender registration order is an order declaring that the person is\na registrable offender for this Act (see s 14).\n(2) A class 1 offence is an offence mentioned in schedule 1, part 1.1 or\npart 1.2, column 2, committed in the circumstances (if any)\nmentioned in column 4 for the offence.\n(3) A class 2 offence is an offence mentioned in schedule 2, part 2.1 or\npart 2.2, column 2, committed in the circumstances (if any)\nmentioned in column 4 for the offence.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Who is a prescribed corresponding offender?","content":"11 Who is a prescribed corresponding offender?\nprescribed corresponding offender means—\n(a) a person who—\n(i) has been convicted of an offence, or is subject to an order\ncorresponding, or substantially corresponding, to a\nnon-conviction order under the Crimes (Sentencing)\nAct 2005, in a foreign jurisdiction in relation to an offence;\nand\n(ii) has been required, at any time (whether before or after the\ncommencement of this Act), to report to the corresponding\nregistrar of the foreign jurisdiction in relation to the\n(iii) would, if the person were currently in the foreign\njurisdiction, be required to report to the corresponding\nregistrar of the jurisdiction in relation to the offence; or\n(b) a person prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation)\nincludes power to make different provision in relation to different\nmatters or different classes of matters (see Legislation Act, s 48).\n(2) However, a person is not a prescribed corresponding offender if the\nchief police officer decides the person should not be a prescribed\ncorresponding offender under section 11A.\n","sortOrder":13},{"sectionNumber":"11A","sectionType":"section","heading":"Chief police officer to decide if certain people prescribed","content":"11A Chief police officer to decide if certain people prescribed\ncorresponding offenders\n(1) This section applies to a prescribed corresponding offender under\nsection 11 (1) (a) because the person is subject to an order\ncorresponding, or substantially corresponding, to a non-conviction\norder under the Crimes (Sentencing) Act 2005 in a foreign jurisdiction\nin relation to an offence.\n\n(2) As soon as practicable after the person becomes a prescribed\ncorresponding offender (and not later than 28 days after information\nabout the person is included on the child sex offenders register under\nsection 117), the chief police officer must decide whether the person\nshould be a prescribed corresponding offender.\nNote A decision under s (2) is a reviewable decision (see s 132ZV), and the\nchief police officer must give a reviewable decision notice to the person\n(see s 132ZW).\n(3) In making a decision under subsection (2), the chief police officer\nmust consider—\n(a) the severity of the offence; and\n(b) the age of the person at the time of the offence; and\n(c) the level of harm to the victim and the community caused by the\n(d) the period for which the person was reporting to the\ncorresponding registrar of the foreign jurisdiction; and\n(e) compliance by the person with any reporting and sentencing\nobligations; and\n(f) any attempts at rehabilitation by the person; and\n(g) whether the person poses a risk to the lives or sexual safety of\n(h) any other circumstances that the chief police officer considers\nrelevant.\n(4) If the chief police officer decides that a person should not be a\nprescribed corresponding offender, the chief police officer must\nremove the person from the child sex offenders register.\n\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Appeal proceedings irrelevant","content":"12 Appeal proceedings irrelevant\nFor this division, it is irrelevant whether or not a person may begin,\nor has begun, an appeal for a finding of guilt, sentence or child sex\noffender registration order.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Effect of quashing of finding of guilt etc","content":"13 Effect of quashing of finding of guilt etc\n(1) A person stops being a registrable offender if—\n(a) the person is a registrable offender because of only a single\nfinding of guilt for a registrable offence and either—\n(i) the finding of guilt is quashed or set aside by a court; or\n(ii) the person’s sentence for the offence is reduced or\notherwise amended on appeal so that the person would\nhave been a person mentioned in section 9 (1) (b) or (c)\nhad the amended sentence been the original sentence; or\n(b) the person is a registrable offender only because the person is\nsubject to a child sex offender registration order and the order is\nquashed or set aside on appeal.\n(2) However, the person does not stop being a registrable offender under\nsubsection (1) (a) (i) if the court orders that the person be retried for\nthe registrable offence.\n\nDivision 2.2.1 Child sex offender registration orders—generally\nPart 2.2 Child sex offender registration\norders\nDivision 2.2.1 Child sex offender registration\norders—generally\n14 What is a child sex offender registration order?\nA child sex offender registration order, in relation to a person, is—\n(a) an order made under section 15 (1) or section 18C; or\n(b) a corresponding child sex offender registration order.\n","sortOrder":16},{"sectionNumber":"Div 2","sectionType":"division","heading":"2.2 Orders for offenders guilty of offence","content":"Division 2.2.2 Orders for offenders guilty of offence\nother than class 1 or class 2 offence\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Court may make child sex offender registration order","content":"15 Court may make child sex offender registration order\n(1) If a person is found guilty of an offence that is not a class 1 or class 2\noffence, the court sentencing the person for the offence may make a\nchild sex offender registration order in relation to the person.\n(2) This section is subject to the following sections:\n• section 16 (Court may only make order if person risk to sexual\nsafety)\n• section 17 (Court may only make order with sentence)\n• section 18 (Court may only make order on prosecution\napplication).\n16 Court may only make order if person risk to sexual safety\n(1) The court may make a child sex offender registration order only if,\nafter taking into account anything the court considers appropriate, the\ncourt is satisfied that the person poses a risk to the sexual safety of 1\nor more people or of the community.\n\nChild sex offender registration orders Part 2.2\nOrders for certain previous offenders Division 2.2.3\n(2) For subsection (1), it is not necessary that the court can identify a risk\nto particular people, or a particular class of people.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Court may only make order with sentence","content":"17 Court may only make order with sentence\n(1) The court may make a child sex offender registration order in relation\nto a person for an offence only if it imposes a sentence on the person\nfor the offence, and must make the child sex offender registration\norder concurrent with the sentence.\nsentence, for an offence, does not include an order against a young\noffender under the Crimes (Sentencing) Act 2005, section 13, 17, 18,\n19, or 27.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Court may only make order on prosecution application","content":"18 Court may only make order on prosecution application\nThe court may make a child sex offender registration order only if an\napplication for the order is made by the prosecution.\n","sortOrder":20},{"sectionNumber":"18A","sectionType":"section","heading":"Meaning of previous offender—div 2.2.3","content":"18A Meaning of previous offender—div 2.2.3\nFor this division, a person is a previous offender if the person has\nbeen found guilty of a class 1 offence before the commencement of\n","sortOrder":21},{"sectionNumber":"18B","sectionType":"section","heading":"Application for child sex offender registration order in","content":"18B Application for child sex offender registration order in\nrelation to previous offender\n(1) The chief police officer may apply to the Magistrates Court for a child\nsex offender registration order in relation to a person if the chief\npolice officer believes on reasonable grounds that—\n(a) the person is a previous offender; and\n(b) the person poses a risk to the lives or sexual safety of 1 or more\npeople or of the community.\n\n(2) For subsection (1) (b), it is not necessary for the court to be satisfied\nof a risk to a particular person or class of people.\n(3) The application must include—\n(a) any information or material relevant to the application\n(regardless of whether the information or material supports the\napplication); and\n(b) details of whether an application under this section has\npreviously been made in relation to the person.\n","sortOrder":22},{"sectionNumber":"18C","sectionType":"section","heading":"Court may make child sex offender registration order in","content":"18C Court may make child sex offender registration order in\nrelation to previous offender\n(1) The Magistrates Court may, on application under section 18B, make\na child sex offender registration order in relation to a person if, by\nevidence on oath and after taking into account anything it considers\nappropriate, the court is satisfied that—\n(a) the person is a previous offender; and\n(b) the person poses a risk to the lives or sexual safety of 1 or more\npeople or of the community; and\n(c) making the order will reduce the risk; and\n(d) having regard to the matters in section 18D, the order is\nappropriate.\n(2) The application for the order may be heard, and the order made, in\nthe person’s absence if the court is satisfied that the application was\nserved—\n(a) personally on the person; and\n(b) on anyone else as directed by the court.\n\nChild sex offender registration orders Part 2.2\nOrders for certain previous offenders Division 2.2.3\n","sortOrder":23},{"sectionNumber":"18D","sectionType":"section","heading":"Matters court must consider before making registration","content":"18D Matters court must consider before making registration\norder in relation to previous offender\n(1) For section 18C (1) (d), the matters are as follows:\n(a) for each offence for which the person is a previous offender—\n(i) the seriousness of the offence; and\n(ii) the period since the offence was committed; and\n(iii) the person’s and victim’s ages, and the difference in age\nbetween them, when the person committed the offence;\n(b) the person’s age;\n(c) the seriousness of the person’s criminal history;\n(d) whether the level of risk that the person may commit another\nregistrable offence outweighs the effect of the order on the\nperson;\n(e) the person’s circumstances, to the extent that they relate to the\norder sought.\n1 the person’s accommodation, employment, health, cultural and social\nneeds\n2 the need to integrate the person into the community\n(2) The court may have regard to anything else the court considers\nrelevant.\ncriminal history, about a person, means a finding of guilt against the\nperson for a class 1 or class 2 offence.\n\n","sortOrder":24},{"sectionNumber":"18E","sectionType":"section","heading":"Keeping documents connected with order","content":"18E Keeping documents connected with order\nIf the Magistrates Court makes a child sex offender registration order\nin relation to a previous offender, the chief police officer must, for the\nduration of the order, keep a copy of—\n(a) the application made under section 18B; and\n(b) any document relied upon for the application.\n\nDefinitions for ch 3 Part 3.1\n","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"What is a reporting obligation?","content":"19 What is a reporting obligation?\nreporting obligation, for a registrable offender, means the offender’s\nobligation under a reporting obligation provision.\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"What is a reporting obligation provision?","content":"20 What is a reporting obligation provision?\nIn this Act, each of the following is a reporting obligation provision:\n(a) section 22 (Offender in custody at commencement of Act must\n(b) section 23 (Offender must report after sentencing);\n(c) section 24 (Offender entering ACT must report);\n(d) section 25 (Prescribed corresponding offender must report);\n(e) section 28 (Offender later sentenced for registrable offence must\n(f) section 29 (Offender who later becomes prescribed\ncorresponding offender must report);\n(g) section 30 (Offender whose reporting suspension ceases must\n(h) section 34 (Offender entering ACT must make contact);\n(i) section 37 (Offender must report annually);\n(j) section 42 (Offender leaving ACT must report travel details);\n(k) section 45 (Offender outside ACT must report travel details);\n\n(l) section 46 (Offender outside ACT must report change of travel\ndetails);\n(m) section 47 (Offender must report return to ACT);\n(n) section 48 (Offender must report decision not to leave ACT);\n(o) section 49 (Offender must report regular travel);\n(p) section 54 (Offender in ACT must report change of details);\n(q) section 55 (Offender returning to ACT must report change of\ndetails);\n(r) section 56 (Offender leaving custody must report).\n\nWhen registrable offender must make initial report of personal details Division 3.2.1\n","sortOrder":27},{"sectionNumber":"Div 3","sectionType":"division","heading":"2.1 When registrable offender must make","content":"Division 3.2.1 When registrable offender must make\ninitial report of personal details\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Offender in custody at commencement of Act must report","content":"22 Offender in custody at commencement of Act must report\n(a) was in government custody immediately before the\ncommencement of this Act; and\n(b) later stops being in government custody in the ACT.\n(a) within 7 days after the day the offender stops being in\ngovernment custody (excluding days in government custody);\nor\n(b) if the offender leaves the ACT (other than in government\ncustody) within the 7 days—before leaving the ACT.\nsubsection (2) (a).\n\nDivision 3.2.1 When registrable offender must make initial report of personal details\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Offender must report after sentencing","content":"23 Offender must report after sentencing\n(1) A registrable offender who is sentenced in the ACT for a registrable\noffence must report the offender’s personal details, in person, to the\nchief police officer at an approved reporting place—\n(a) if the offender is not in, or does not begin, full-time government\ncustody on the day the offender is sentenced for the registrable\noffence—within 7 days after the day the offender is sentenced\nfor the registrable offence (excluding days in government\n(b) if the offender is in, or begins, full-time government custody on\nthe day the offender is sentenced for the registrable offence and\nlater stops being in full-time government custody in the ACT—\nwithin 7 days after the day the offender stops being in full-time\ngovernment custody (excluding days in government custody);\nor\n(2) This section does not apply if the registrable offender’s reporting\n\nWhen registrable offender must make initial report of personal details Division 3.2.1\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Offender entering ACT must report","content":"24 Offender entering ACT must report\n(a) enters the ACT, and remains in the ACT for 7 or more\nconsecutive days (excluding days in government custody); and\n(b) has not previously reported the offender’s personal details to the\nchief police officer.\noffender has been in the ACT for 7 consecutive days (excluding\ndays in government custody)—within 7 days after that day\nhas been in the ACT for 7 consecutive days (excluding days in\ngovernment custody), and later stops being in government\ncustody in the ACT—within 7 days after the day the offender\nstops being in government custody (excluding days in\n\nDivision 3.2.1 When registrable offender must make initial report of personal details\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Prescribed corresponding offender must report","content":"25 Prescribed corresponding offender must report\n(1) This section applies to a prescribed corresponding offender who—\n(a) is in the ACT on the day the offender becomes a prescribed\ncorresponding offender; and\n(b) has not previously reported the offender’s personal details to the\nchief police officer.\n(2) The prescribed corresponding offender must report the offender’s\npersonal details, in person, to the chief police officer at an approved\nreporting place—\noffender becomes a prescribed corresponding offender—within\n7 days after the day the offender becomes a prescribed\ncorresponding offender (excluding days in government\nbecomes a prescribed corresponding offender and later stops\nbeing in government custody in the ACT—within 7 days after\nthe day the offender stops being in government custody\n(3) This section does not apply if the prescribed corresponding offender’s\nreporting period has ended before the end of the period within which\nthe report must be given.\n\nWhen registrable offender must make new initial report of personal\nDivision 3.2.2\n26 Exception—offender’s reporting obligations suspended\n27 Exception—protected registrable offender\nDivision 3.2.2 When registrable offender must make\nnew initial report of personal details\n28 Offender later sentenced for registrable offence must\nreport\n(1) A registrable offender whose reporting period has ended and is later\nsentenced in the ACT for a registrable offence (the later registrable\noffence) must report the offender’s personal details, in person, to the\nchief police officer at an approved reporting place—\noffender is sentenced for the later registrable offence—within\n7 days after the day the offender is sentenced for the later\nregistrable offence (excluding days in government custody); or\n\nDivision 3.2.2 When registrable offender must make new initial report of personal\nis sentenced for the later registrable offence and later stops being\nin government custody in the ACT—within 7 days after the day\nthe offender stops being in government custody (excluding days\n(2) This section does not apply if the registrable offender’s reporting\nperiod in relation to the later registrable offence has ended before the\nend of the period within which the report must be given.\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Offender who later becomes prescribed corresponding","content":"29 Offender who later becomes prescribed corresponding\noffender must report\n(a) the offender’s reporting has ended; and\n(b) the offender is in the ACT on the day the offender later becomes\na prescribed corresponding offender; and\n(c) the offender has not previously reported the offender’s personal\ndetails to the chief police officer.\n\nWhen registrable offender must make new initial report of personal\nDivision 3.2.2\noffender later becomes a prescribed corresponding offender—\nwithin 7 days after the day the offender later becomes a\nprescribed corresponding offender (excluding days in\nlater becomes a prescribed corresponding offender and later\nstops being in government custody in the ACT—within 7 days\nafter the day the offender stops being in government custody\nperiod for the later offence has ended before the end of the period\nwithin which the report must be given.\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Offender whose reporting suspension ceases must report","content":"30 Offender whose reporting suspension ceases must report\n(a) the offender’s reporting obligations are suspended by a\nsuspension order, or an equivalent order under a corresponding\nlaw; and\n\nDivision 3.2.2 When registrable offender must make new initial report of personal\n(b) the offender is in the ACT on the day the suspension order\nceases to have effect under section 101 (Suspension order ceases\nif offender reoffends) or an equivalent provision of a\ncorresponding law.\nsuspension order ceases to have effect—within 7 days after the\nday the suspension order ceases to have effect (excluding days\n(b) if the offender is in government custody on the day the\nsuspension order ceases to have effect and later stops being in\ngovernment custody in the ACT—within 7 days after the day\nthe offender stops being in government custody (excluding days\n\nPeople required to report under corresponding law Division 3.2.3\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Exception—offender’s reporting obligations suspended","content":"31 Exception—offender’s reporting obligations suspended\nThis division, other than section 30, does not apply to a registrable\noffender during any period when the offender’s reporting obligations\nare suspended under section 97 (Supreme Court may make\nsuspension order).\n32 Exception—protected registrable offender\nDivision 3.2.3 People required to report under\ncorresponding law\n33 Person entering ACT must make contact\n(1) This section applies to a person (other than a protected registrable\noffender) if the person has, at any time, been required to report to a\ncorresponding registrar.\n(2) If the person enters the ACT, and remains in the ACT for 7 or more\nconsecutive days (excluding days in government custody), the person\nmust take all reasonable steps to contact (by telephone or another way\nprescribed by regulation) someone (a contact person) prescribed by\nregulation for this division—\n(a) if the person is not in government custody on the day the person\nhas been in the ACT for 7 consecutive days (excluding days in\ngovernment custody)—within 7 days after that day (excluding\ndays in government custody); or\n\n(b) if the person is in government custody on the day the person has\nbeen in the ACT for 7 consecutive days (excluding days in\ngovernment custody), and later stops being in government\ncustody in the ACT—within 7 days after the day the offender\nstops being in government custody (excluding days in\n(c) if the person leaves the ACT (other than in government custody)\nwithin the 7 days mentioned in subparagraph (i) or (ii)—before\nleaving the ACT.\n(3) If the person contacts a contact person, the contact person must tell\nthe person—\n(a) whether the person is a registrable offender for this Act; and\n(b) if the person is a registrable offender—what the person’s\nreporting obligations are under this Act.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Offender entering ACT must make contact","content":"34 Offender entering ACT must make contact\n(1) This section applies to a registrable offender (other than a protected\nregistrable offender) who—\n(a) has, at any time, been required to report under this Act or a\ncorresponding law; and\n(b) enters the ACT, and remains in the ACT for 7 or more\nconsecutive days (excluding days in government custody).\n(2) The registrable offender must—\n(a) either—\n(i) contact a contact person (by telephone or another way\nprescribed by regulation); or\n(ii) report the offender’s personal details, in person, to the chief\npolice officer at an approved reporting place; and\n\nPeople required to report under corresponding law Division 3.2.3\n(b) must make the contact or report—\n(i) if the offender is not in government custody on the day the\noffender has been in the ACT for 7 consecutive days\n(excluding days in government custody)—within 7 days\nafter that day (excluding days in government custody); or\n(ii) if the offender is in government custody on the day the\noffender has been in the ACT for 7 consecutive days\n(excluding days in government custody), and later stops\nbeing in government custody in the ACT—within 7 days\nafter the day the offender stops being in government\ncustody (excluding days in government custody); or\n(iii) if the offender leaves the ACT (other than in government\ncustody) within the 7 days mentioned in subparagraph (i)\nor (ii)—before leaving the ACT.\n(3) This section does not apply if the offender’s reporting period has\nended before the end of the period within which the report must be\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Exception—person has already made contact","content":"35 Exception—person has already made contact\nThis division does not apply to a person who enters the ACT, and\nremains in the ACT, if the person has previously contacted (by\ntelephone or another way prescribed by regulation) a contact person\nin relation to that entry into the ACT.\n\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Exception—offender’s reporting obligations suspended","content":"36 Exception—offender’s reporting obligations suspended\nSection 34 does not apply to a registrable offender during any period\nwhen the offender’s reporting obligations are suspended under\n\nAnnual reporting Division 3.3.1\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Offender must report annually","content":"37 Offender must report annually\n(1) A registrable offender must—\n(a) attend, at a relevant time each year, an approved reporting place;\nand\n(b) report any changes to the offender’s personal details to the chief\npolice officer at the approved reporting place; and\n(c) if the offender has been in government custody since the\noffender last reported under this Act—report to the chief police\nofficer details of when and where the custody happened.\n(2) This section does not apply if the offender’s reporting period has\nended before the relevant time for the offender’s report in the year.\nrelevant time, in relation to a report by a registrable offender in a year,\nmeans before the end of the month in the year when the anniversary\nof the day the offender first reported under this Act or a corresponding\nlaw falls.\nJ first reported his personal details to the chief police officer on 14 October 2015.\nJ must make a further report of any changes to J’s details on or before 31 October\n2016, 31 October 2017 (and so on).\n\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Exception—offender in government custody","content":"38 Exception—offender in government custody\nThis division does not apply to a registrable offender in relation to\na year if the offender is in government custody at the end of the\nrelevant time for the offender’s report in that year.\nJ first reported his personal details to the chief police officer on 14 October 2005.\nHowever, J is in government custody from 1 October 2006 to 1 November 2006.\nBecause of this section, J does not have to report his details on or before\n31 October 2006. However, when J leaves custody, he will have to report any\nchange to his personal details (see s 56).\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Exception—offender outside ACT","content":"39 Exception—offender outside ACT\nThis division does not apply to a registrable offender in relation to\na year if the offender is outside the ACT for the last 7 days before the\nrelevant time for the offender’s report in that year.\nJ first reported his personal details to the chief police officer on 14 October 2005.\nHowever, J is out of the ACT from 1 October 2006 to 1 November 2006. Because\nof this section, J does not have to report his details on or before 31 October 2006.\nHowever, J must report his intention to travel outside the ACT (see s 42) and, when\nJ returns to the ACT for 7 days, he will have to report any change to his personal\ndetails (see s 55).\n40 Exception—offender’s reporting obligations suspended\n\n41 Exception—protected registrable offender\n42 Offender leaving ACT must report travel details\n(a) leaves the ACT; and\n(b) intends to travel—\n(i) outside the ACT but within Australia for 7 or more\nconsecutive days; or\n(ii) outside Australia.\n(2) The registrable offender must report the following details (the travel\ndetails), in person, to the chief police officer at least 7 days before\nleaving:\n(a) each State, Territory or foreign country where the offender\nintends to go while outside the ACT;\n(b) the approximate dates when the offender intends to be in each\nState, Territory or foreign country;\n(c) each address or location in each State, Territory or foreign\ncountry where the offender intends to live (to the extent that they\nare known) and the approximate dates when the offender intends\nto live at the addresses or locations;\n\n(d) if the offender intends to return to the ACT—the approximate\ndate when the offender intends to return;\n(e) if the offender does not intend to return to the ACT—a statement\nof that intention.\nperiod has ended before the offender leaves the ACT.\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Defence—impracticable to report 7 days before leaving","content":"43 Defence—impracticable to report 7 days before leaving\nIt is a defence to a prosecution of a registrable offender for an offence\nagainst section 58A (Offence—fail to report as required), in relation\nto a reporting obligation under section 42, if—\n(a) circumstances make it impracticable for the registrable offender\nto make the report at least 7 days before leaving the ACT; and\n(b) the offender makes the report at least 24 hours before leaving\nthe ACT.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Offender not to be punished twice for failing to report","content":"44 Offender not to be punished twice for failing to report\ntravel\nA registrable offender is not liable to be punished for an offence\nagainst section 58A (Offence—fail to report as required), in relation\nto a reporting obligation under section 42, for travel outside the ACT\nif, in relation to that travel, the offender has been punished for failing\nto report the offender’s presence in a foreign jurisdiction as required\nunder a corresponding law.\n\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Offender outside ACT must report travel details","content":"45 Offender outside ACT must report travel details\n(a) is outside the ACT; and\n(b) decides to stay outside the ACT but within Australia for 7 or\nmore days.\n(2) The registrable offender must report the offender’s travel details\n(including details about the travel that has already been completed) to\nthe chief police officer, in a way required under subsection (3), within\n7 days after the day the decision to stay outside the ACT is made.\n(3) The registrable offender must make the report in 1 of the following\nways:\n(a) by sending it by prepaid post, addressed as required by\nregulation;\n(b) by faxing it to a fax number prescribed by regulation;\n(c) by emailing it to an email address prescribed by regulation;\n(d) in another way prescribed by regulation.\n(5) In this section:\ntravel details, for travel by a registrable offender—see section 42 (2).\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Offender outside ACT must report change of travel","content":"46 Offender outside ACT must report change of travel\n(1) This section applies to a registrable offender if the offender—\n(a) is outside the ACT; and\n(b) decides to change any of the travel details given to the chief\npolice officer.\n\n(2) The registrable offender must report the changed travel details to the\nchief police officer, in a way required under subsection (3), within\n7 days after the day the decision to change the travel details is made.\n(3) The registrable offender must make the report in 1 of the following\nways:\n(a) by sending it by prepaid post, addressed as required by\nregulation;\n(b) by faxing it to a fax number prescribed by regulation;\n(c) by emailing it to an email address prescribed by regulation;\n(d) in another way prescribed by regulation.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Offender must report return to ACT","content":"47 Offender must report return to ACT\n(a) reported the offender’s travel details under section 42 (Offender\nleaving ACT must report travel details); and\n(b) leaves the ACT; and\n(c) returns to the ACT and remains in the ACT for 7 consecutive\ndays (excluding days in government custody).\n(2) The registrable offender must, within 7 days after returning to the\nACT—\n(a) report the offender’s return to the ACT to the chief police\nofficer, in an approved way; and\nNote For approved ways of reporting, see s 63. Special provision is made\nfor young offenders and offenders with a disability (see s 65 and\ns 66).\n\n(b) if the offender travelled outside Australia—give the chief police\nofficer a copy of the offender’s passport and documents that\nverify or support the offender’s travel details.\nExamples—documents\n1 an airline ticket\n2 a receipt for payment of accommodation\nsubsection (2).\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Offender must report decision not to leave ACT","content":"48 Offender must report decision not to leave ACT\n(1) This section applies to a registrable offender if the offender—\n(a) reported the offender’s travel details under section 42 (Offender\nleaving ACT must report travel details) in relation to a proposed\ndeparture from the ACT; and\n(b) later decides not to leave the ACT.\n(2) The registrable offender must report the change of decision to the\nchief police officer, in an approved way, within 7 days after the\noffender decides not to leave the ACT.\nNote For approved ways of reporting, see s 63. Special provision is made for\nyoung offenders and offenders with a disability (see s 65 and s 66).\nsubsection (2).\n\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Offender must report regular travel","content":"49 Offender must report regular travel\n(a) is required to make a report under a reporting obligation\nprovision; and\n(b) when making the report, intends to travel outside the ACT, but\nwithin Australia, on an average of at least once a month\n(irrespective of the length of the absence).\n(2) The registrable offender must report the frequency and destination of\nthe travel, in general terms, to the chief police officer in an approved\nway.\nNote 1 Reporting obligation provision—see s 20.\nNote 2 For approved ways of reporting, see s 63. Special provision is made for\nyoung offenders and offenders with a disability (see s 65 and s 66).\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Application to protected registrable offender","content":"50 Application to protected registrable offender\nThis division applies to a protected registrable offender as if a\nreference to the ACT were a reference to the jurisdiction where the\nprotected registrable offender generally lives.\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Exception—protected registrable offender","content":"51 Exception—protected registrable offender\n\nOther reporting Division 3.3.3\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Exception—offender in government custody","content":"52 Exception—offender in government custody\nThis division does not apply to a registrable offender in relation to a\nreport if the offender is in government custody when the report is\nrequired to be made.\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Exception—offender’s reporting obligations suspended","content":"53 Exception—offender’s reporting obligations suspended\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"Offender in ACT must report change of details","content":"54 Offender in ACT must report change of details\n(1) If a registrable offender’s personal details change while the offender\nis in the ACT, the offender must report the change to the chief police\nofficer, in the way required under subsection (2)—\n(a) for personal details mentioned in section 59 (1) (e)—within\n24 hours after the day the change happens (excluding days in\n(b) for any other personal details—within 7 days after the day the\nchange happens (excluding days in government custody).\n(2) The registrable offender must report the change—\n(a) in person, at an approved reporting place, if the report is about a\nchange in relation to—\n(i) the address of any of the premises where the offender\ngenerally lives or, if the offender does not generally live at\nparticular premises, the name of any of the localities where\nthe offender can generally be found; or\n(ii) details of any tattoo or permanent distinguishing mark that\nthe offender has (including details of a tattoo or mark that\nhas been acquired or removed); or\n\n(b) for any other change—in an approved way.\nExamples—other changes in personal details\n1 ceasing employment with a particular employer\n2 starting new employment\nNote 1 The personal details in s (2) (a) (i) and (ii) are required under s 59 (1), def\npersonal details, par (d) and (i).\nNote 4 For approved ways of reporting, see s 63.\n(3) A change happens in the following personal details only at the end of\nthe relevant 7 days or 3 days mentioned in section 60:\n(a) the premises where the offender generally lives;\n(b) the household in which the offender and a child generally live;\n(c) when the offender has unsupervised contact with a child;\n(d) the premises where the offender is generally employed;\n(e) the motor vehicle that the offender generally drives.\n(4) The Legislation Act, section 151A (Periods of time ending on\nnon-working days) does not apply to subsection (1) (a).\n(5) This section does not apply if the registrable offender’s reporting\n\nOther reporting Division 3.3.3\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Offender returning to ACT must report change of details","content":"55 Offender returning to ACT must report change of details\n(a) any of the offender’s personal details change while the offender\nis outside the ACT; and\n(b) the offender enters the ACT, and remains in the ACT for 7 or\nmore consecutive days (excluding days in government custody).\n(2) The registrable offender must report the change to the chief police\nofficer, in the way required under subsection (3)—\n(a) for personal details mentioned in section 59 (1) (e)—within\n24 hours after the day the offender has been in the ACT for\n7 consecutive days (excluding days in government custody); or\n(b) for any other personal details—within 7 days after the day the\noffender has been in the ACT for 7 consecutive days (excluding\ndays in government custody).\nNote For the offender’s personal details, see s 59.\n(3) The registrable offender must report the change—\n(a) in person, at an approved reporting place, if the report is about a\nchange in relation to—\n(i) the address of any of the premises where the offender\ngenerally lives or, if the offender does not generally live at\nparticular premises, the name of any of the localities where\nthe offender can generally be found; or\n(ii) details of any tattoo or permanent distinguishing mark that\nthe offender has (including details of a tattoo or mark that\nhas been acquired or removed); or\n\n(b) for any other change—in an approved way.\nNote 1 The personal details in s (3) (a) (i) and (ii) are required under s 59 (1), def\npersonal details, par (d) and (i).\nNote 4 For approved ways of reporting, see s 63.\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Offender leaving custody must report","content":"56 Offender leaving custody must report\n(a) is in government custody for 7 or more consecutive days; and\n(b) leaves government custody in the ACT.\n(a) within 7 days after the day the offender stops being in\ngovernment custody in the ACT (excluding days in government\n(b) if the offender leaves the ACT (other than in government\ncustody) within the 7 days mentioned in paragraph (a)—before\nleaving the ACT.\n\nFailing to report Division 3.3.4\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Exception—offender’s reporting obligations suspended","content":"57 Exception—offender’s reporting obligations suspended\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Exception—protected registrable offender","content":"58 Exception—protected registrable offender\n(1) Section 54 and section 56 do not apply to a registrable offender if—\n(2) Section 55 does not apply to a registrable offender if the offender is a\nprotected registrable offender.\n","sortOrder":57},{"sectionNumber":"58A","sectionType":"section","heading":"Offence—fail to report as required","content":"58A Offence—fail to report as required\n(1) A registrable offender commits an offence if the offender—\n(a) is required to report under a reporting obligation provision; and\n(b) is reckless as to whether the offender is required to report; and\n(c) fails to report as required by the reporting obligation provision.\n\n(2) Strict liability applies to subsection (1) (c).\n(3) This section does not apply if the registrable offender has a reasonable\nexcuse for failing to report as required by a reporting obligation\nprovision.\nmentioned in s (3) (see Criminal Code, s 58).\n(4) In deciding whether a registrable offender has a reasonable excuse for\nfailing to report as required by a reporting obligation provision, the\ncourt must have regard to the following:\n(a) the offender’s age;\n(b) whether the offender had, at the time of the failure to report, a\ndisability that affected the offender’s ability to understand, or to\ncomply with, the reporting provision;\n(c) whether the form of notice given to the offender about the\nreporting provision was adequate to tell the offender about the\noffender’s obligations under the reporting obligation provision,\nhaving regard to the offender’s circumstances;\n\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"What are personal details?","content":"59 What are personal details?\npersonal details, for a registrable offender, means the following:\n(a) the offender’s name, together with any other name by which the\noffender is, or has previously been, known;\n(b) for each name other than the offender’s current name—the\nperiod when the offender was known by the other name;\n(c) the offender’s date of birth;\n(d) the address of each of the premises where the offender generally\nlives or, if the offender does not generally live at any particular\npremises, the name of each of the localities where the offender\ncan generally be found;\nNote A registrable offender generally lives at particular premises only if\nthe offender lives at the premises for at least 7 days (whether or not\nconsecutive) in a period of 12 months (see s 60 (a)).\n(e) the names and ages of children—\n(i) who generally live in the same household as the offender;\nor\n(ii) with whom the offender has regular unsupervised contact;\nNote 1 A child generally lives in the same household as a registrable\noffender only if they live together in the household for at least\n3 days (whether or not consecutive) in a period of 12 months (see\ns 60 (b)).\nNote 2 A registrable offender has regular unsupervised contact with a\nchild only if the offender has unsupervised contact with the child\nfor at least 3 days (whether or not consecutive) in a period of\n12 months (see s 60 (c)).\n\n(f) if the offender is employed—\n(i) the nature of the offender’s employment; and\n(ii) the name of the offender’s employer (if any); and\n(iii) the address of each of the premises where the offender is\ngenerally employed or, if the offender is not generally\nemployed at any particular premises, the name of each of\nthe localities where the offender is generally employed;\nNote A registrable offender is generally employed at particular premises\nonly if the offender is employed at the premises for at least 7 days\n(whether or not consecutive) in a period of 12 months (see\ns 60 (d)). Employment is also dealt with in s 61.\n(g) details of the offender’s affiliation with any club or organisation\nthat has child membership or child participation in its activities;\n(h) the make, model, colour, registration number, details of any\nmodifications made, and any other particulars prescribed by\nregulation, of a motor vehicle owned by, or generally driven by,\nthe offender;\nNote A registrable offender generally drives a particular motor vehicle\nonly if the offender drives the vehicle on at least 7 days (whether\nor not consecutive) in a period of 12 months (see s 60 (e)).\n(i) details of any tattoo or permanent distinguishing mark that the\noffender has (including details of a tattoo or mark that has been\nacquired or removed);\n(j) if the offender has ever been found guilty of a corresponding\nregistrable offence—details of—\n(i) the offence; and\n(ii) when and where the finding of guilt happened; and\n(iii) any order made by a court in relation to the finding of guilt;\n\n(k) if the offender has ever been found guilty under a corresponding\nlaw of an offence that required the offender to report to a\ncorresponding registrar—details of—\n(i) the offence; and\n(ii) when and where the finding of guilt happened; and\n(iii) any order made by a court in relation to the finding of guilt;\n(l) if the offender has ever been subject to a corresponding child\nsex offender registration order—details of—\n(i) the order; and\n(ii) when and where the order was made; and\n(iii) the offence because of which the order was made;\n(m) if the offender has been in government custody since the\noffender was sentenced or released from government custody\n(as the case may be) for a registrable offence or corresponding\nregistrable offence—details of when and where the government\ncustody happened;\n(n) if, when making the report, the offender intends to travel outside\nthe ACT, but within Australia, on an average of at least once\na month (irrespective of the length of the absence)—in general\nterms, the frequency and destinations of the travel;\n(o) if the offender has ever been subject to a corresponding\nprohibition order—details of—\n(i) the order; and\n(ii) when and where the order was made;\n(p) details of any carriage service used by the offender;\n(q) details of any internet service provider or carriage service\nprovider used by the offender;\n\n(r) details of the kind of any internet connection used by the\noffender;\nwireless, broadband, ADSL or dial-up connection\n(s) details of any email addresses, internet user names, instant\nmessaging user names, chat room user names or any other user\nname or identity used by the offender through the internet or\nanother electronic communication service;\n(t) the passport number and country of issue of each passport held\nby the offender.\ncarriage service—see the Telecommunications Act 1997 (Cwlth),\nsection 7 (Definitions).\ncarriage service provider—see the Telecommunications Act 1997\n(Cwlth), section 87 (Carriage service providers).\ncorresponding prohibition order means an order made under a law\nof a foreign jurisdiction that substantially corresponds to a prohibition\norder or interim prohibition order.\ninternet service provider—see the Online Safety Act 2021 (Cwlth),\nsection 19 (Internet service providers).\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Meaning of some concepts in s 59","content":"60 Meaning of some concepts in s 59\nFor section 59—\n(a) a registrable offender generally lives at particular premises only\nif the offender lives at the premises for at least 7 days (whether\nor not consecutive) in a period of 12 months; and\n(b) a child generally lives in the same household as a registrable\noffender only if they live together in the household for at least\n3 days (whether or not consecutive) in a period of 12 months;\nand\n\n(c) a registrable offender has regular unsupervised contact with a\nchild only if the offender has unsupervised contact with the child\nfor at least 3 days (whether or not consecutive) in a period of\n12 months; and\n(d) a registrable offender is generally employed at particular\npremises only if the offender is employed at the premises for at\nleast 7 days (whether or not consecutive) in a period of\n12 months; and\n(e) a registrable offender generally drives a particular motor vehicle\nonly if the offender drives the vehicle on at least 7 days (whether\nor not consecutive) in a period of 12 months.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Meaning of employment in s 59","content":"61 Meaning of employment in s 59\n(1) For section 59, a registrable offender is employed if the offender—\n(a) carries out work under a contract of employment; or\n(b) carries out work as a self-employed person or as a subcontractor;\nor\n(c) carries out work as a volunteer for an organisation; or\n(d) carries out work for a business without pay or as a volunteer; or\n(e) undertakes practical training as part of an educational or\nvocational course; or\n(f) carries out work as a minister of religion or in another capacity\nfor a religious organisation.\n(2) For section 59, a person is an employer if the person—\n(a) arranges, in the course of business, for the registrable offender\nto be employed by someone else; or\n(b) engages the offender under contract to carry out work; or\n(c) engages the offender to carry out work without pay or as a\nvolunteer.\n\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Application of s 59 to protected registrable offender","content":"62 Application of s 59 to protected registrable offender\nSection 59 applies to a protected registrable offender as if a reference\nto the ACT were a reference to the jurisdiction where the offender\ngenerally lives.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"How is a report made in an approved way?","content":"63 How is a report made in an approved way?\nFor this Act, a registrable offender makes a report in an approved way\nif the offender makes the report—\n(a) in person; or\n(b) in another way prescribed by regulation.\nNote A registrable offender reports in person at a place only if the offender\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Where are approved reporting places?","content":"64 Where are approved reporting places?\napproved reporting place, for a registrable offender, means—\n(a) if a direction is given to the offender under a regulation about a\npolice station where the report is to be made—at the police\nstation directed; or\n(b) at another place prescribed by regulation.\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Reports by young offenders","content":"65 Reports by young offenders\n(1) A registrable offender is taken to have made a report in person if—\n(a) the offender is a young person; and\n\nHow report is to be made Division 3.4.2\n(b) 1 of the following people makes the report, in person, for the\n(i) a person with parental responsibility for the offender; or\n(ii) if a person with parental responsibility for the offender is\nunavailable, or is unacceptable to the offender—someone\nelse (other than a police officer) who can represent the\ninterests of the offender and who is, as far as is practicable\nin the circumstances, acceptable to the offender; and\n(c) the offender accompanies the person when the person makes the\nreport.\n(2) A registrable offender is taken to have made a report in another way\nif—\n(a) the offender is a young person; and\n(b) 1 of the following people makes the report in that way for the\n(i) a person with parental responsibility for the offender; or\n(ii) if a person with parental responsibility for the offender is\nunavailable, or is unacceptable to the offender—someone\nelse (other than a police officer) who can represent the\ninterests of the offender and who is, as far as is practicable\nin the circumstances, acceptable to the offender.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Reports by offenders with disability","content":"66 Reports by offenders with disability\n(1) A registrable offender is taken to have made a report in person if—\n(a) the offender has a disability that makes it impracticable for the\noffender to make a report in person; and\n(b) 1 of the following people makes the report, in person, for the\n(i) the offender’s parent or guardian;\n\n(ii) the offender’s carer;\n(iii) someone else nominated by the offender; and\n(c) the offender accompanies the person when the person makes the\nreport (unless the offender’s disability makes it impracticable).\n(2) A registrable offender is taken to have made a report in another way\nif—\n(a) the registrable offender has a disability that makes it\nimpracticable for the offender to make a report in that way; and\n(b) 1 of the following people makes the report in that way for the\n(i) the offender’s parent or guardian;\n(ii) the offender’s carer;\n(iii) someone else nominated by the offender.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Regulation about reports not made in person","content":"67 Regulation about reports not made in person\nFor a report made otherwise than in person, a regulation may\nprescribe—\n(a) when information about the identity of the person making the\nreport is required; and\n(b) when a document verifying or supporting details in the report is\nrequired; and\n(c) how the information mentioned in paragraph (a) or a document\nmentioned in paragraph (b) is to be provided.\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Police officers who may receive reports","content":"68 Police officers who may receive reports\nOnly a police officer approved for the purpose by the chief police\nofficer may receive a report made under this chapter.\n\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Police officer receiving report may arrange interpreter","content":"69 Police officer receiving report may arrange interpreter\n(1) A police officer receiving a report under this chapter may arrange for\nan interpreter to be available.\n(2) A police officer receiving the report may allow an interpreter to be\npresent only if the interpreter has signed an undertaking not to\ndisclose information derived from the report unless required or\nauthorised by law.\nDivision 3.4.3 Additional provisions for reports\nmade in person\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Offence—offender reporting in person must provide","content":"70 Offence—offender reporting in person must provide\nidentification etc\n(1) A registrable offender commits an offence if—\n(a) the offender is required to make a report in person under a\nreporting obligation provision; and\n(b) the offender makes the report in person, or accompanies\nsomeone else who makes the report in person for the offender;\nand\n(c) the offender or other person does not take all reasonable steps\nto—\n(i) present for inspection the offender’s Australian driver\nlicence (if any) or another form of identification, or other\ndocument, prescribed by regulation to verify or support\ndetails in the report; and\n(ii) provide a photograph of the offender’s head and face of a\nkind suitable for use in an Australian passport.\n\n(2) In deciding whether a registrable offender took all reasonable steps to\ncomply with subsection (1) (c), the court must have regard to the\n(a) the offender’s age;\n(b) whether the offender had, at the time of failing to comply with\nsubsection (1) (c), a disability that affected the offender’s ability\nto understand, or to comply with, that subsection;\n(c) whether the form of notice given to the offender about the\noffender’s obligation under subsection (1) (c) was adequate to\ntell the offender about the obligation, having regard to the\noffender’s circumstances;\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Offence—person reporting in person for offender must","content":"71 Offence—person reporting in person for offender must\nprovide identification\n(1) A person commits an offence if—\n(a) an offender is required to make a report in person under a\nreporting obligation provision; and\n(b) the person makes the report, in person, for the offender; and\n\n(c) the person does not take all reasonable steps to present for\ninspection the person’s Australian driver licence (if any) or\nanother form of identification, or other document, prescribed by\nregulation for this section.\nNote A person may make a report for an offender if the offender is a young\nperson or has a disability that makes it impracticable for the offender to\nmake a report in person (see s 65 and s 66).\n(2) In deciding whether a person took all reasonable steps to comply with\nsubsection (1) (c), the court must have regard to the following:\n(a) the person’s age;\n(b) whether the person had a disability that affected the person’s\nability to understand, or to comply with, subsection (1) (c);\n(c) whether the form of notice given to the person about the person’s\nobligation under subsection (1) (c) was adequate to tell the\nperson about the obligation, having regard to the person’s\ncircumstances;\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Identification documents may be copied","content":"72 Identification documents may be copied\nA police officer receiving a report under this chapter may copy a\ndocument presented to the police officer for inspection under\nsection 70 or section 71.\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Right to privacy when reporting in person","content":"73 Right to privacy when reporting in person\nA person making a report under this chapter in person is entitled to\nmake the report outside the hearing of members of the public.\n\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Right to have support person when reporting in person","content":"74 Right to have support person when reporting in person\n(1) A person making a report under this chapter in person is entitled to\nbe accompanied by a support person of the person’s own choosing.\n(2) A young person making a report under this chapter in person must be\naccompanied by—\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Offender reporting in person may be fingerprinted to","content":"75 Offender reporting in person may be fingerprinted to\nconfirm identity\n(1) A police officer receiving a report made in person under this chapter\nmay take, or may authorise someone else to take, the fingerprints of\nthe registrable offender if the police officer—\n(a) has examined all the material relating to identity provided or\npresented by, or for, the offender; but\n(b) is not satisfied on reasonable grounds about the identity of the\noffender.\n(2) A young person’s fingerprints may only be taken in the presence of—\n\n(3) To remove any doubt, subsection (2) does not limit the people who\nmay be present.\n(4) This section does not apply to a young person who is under 16 years\nold.\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Offender to be told why fingerprints needed","content":"76 Offender to be told why fingerprints needed\nBefore a registrable offender’s fingerprints are taken under\nsection 75, the police officer must tell the offender, in language likely\nto be understood by the offender—\n(a) why the fingerprints are to be taken and why the police officer\nis not satisfied about the offender’s identity; and\n(b) that it is an offence for the offender to fail to take all reasonable\nsteps to allow the offender’s fingerprints to be taken; and\n(c) that the fingerprints will be kept by the chief police officer.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Offence—offender must allow fingerprinting","content":"77 Offence—offender must allow fingerprinting\nA registrable offender commits an offence if—\n(a) a police officer receiving a report decides, under section 75, to\ntake, or authorise someone else to take, the fingerprints of the\n(b) the offender fails to take all reasonable steps to allow the\noffender’s fingerprints to be taken.\n\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Photographing offender","content":"78 Photographing offender\n(1) A police officer receiving a report made in person by or for a\nregistrable offender may require the offender—\n(a) to be photographed; or\n(b) to expose any part of the offender’s body to enable that part of\nthe body to be photographed by the officer or another person\nauthorised by the officer.\nNote See s 79 (2) for a restriction relevant to par (b).\n(2) Force may not be used in photographing a registrable offender except\nin accordance with an order of a magistrate under section 78A.\n(3) Before a registrable offender’s photograph is taken, the police officer\nmust tell the offender, in language likely to be understood by the\noffender—\n(a) why the photographs are being taken; and\n(b) that it is an offence not to comply with the requirement to be\nphotographed; and\n(c) that the photographs will be kept by the chief police officer.\n(4) A registrable offender commits an offence if—\n(a) a police officer requires the offender to be photographed under\nthis section; and\n(b) the offender does not comply with the requirement.\n\n","sortOrder":78},{"sectionNumber":"78A","sectionType":"section","heading":"Order allowing use of force for photographing offender","content":"78A Order allowing use of force for photographing offender\n(1) A magistrate may, on application by a police officer, order the\nphotographing of a registrable offender if satisfied on the balance of\nprobabilities that—\n(a) a police officer has required the offender to be photographed\nunder section 78 and the offender has failed to comply with the\nrequirement; and\n(b) there are reasonable grounds to believe that photographing the\noffender is likely to assist law enforcement, crime prevention or\nchild protection purposes; and\n(c) allowing reasonable force to be used in photographing the\noffender is justified in all the circumstances.\n(2) For subsection (1) (c), the magistrate must consider the following:\n(a) the seriousness of the circumstances surrounding the\ncommission of each offence that resulted in the offender being\non the register and the severity of each offence;\n(b) the age, mental health and cultural background of the offender,\nto the extent that they are known by the magistrate;\n(c) if the offender gives any reasons for not complying with the\nrequirement—the reasons;\n(d) any other circumstances that the magistrate considers relevant.\n(3) An application under this section must be—\n(a) made in writing; and\n(b) supported by evidence on oath or by affidavit dealing with the\nmatters mentioned in this section.\n\n","sortOrder":79},{"sectionNumber":"79","sectionType":"section","heading":"Right to privacy when being photographed","content":"79 Right to privacy when being photographed\n(1) A photograph taken under section 78 or section 78A must be taken—\n(a) in a place where no members of the public are present; and\n(b) by a person of the same sex as the registrable offender.\n(2) A police officer cannot require an offender who is to be photographed\nunder section 78 or section 78A to expose for that purpose—\n(a) the offender’s genitals; or\n(b) the anal area of the offender’s buttocks; or\n(c) if the offender is female, or a transgender or intersex person who\nidentifies as female—the offender’s breasts.\n(3) A police officer present in a place while a photograph is being taken\nunder this section must be of the same sex as the registrable offender.\n(4) If the offender is a transgender or intersex person who identifies as\nfemale, the offender is taken to be female for this section.\n(5) If the offender is a transgender or intersex person who identifies as\nmale, the offender is taken to be male for this section.\n","sortOrder":80},{"sectionNumber":"80","sectionType":"section","heading":"Right to have support person when being photographed","content":"80 Right to have support person when being photographed\n(1) A registrable offender to be photographed under section 78 or\nsection 78A is entitled to be accompanied by a support person of the\noffender’s choosing.\n(2) A young person to be photographed under section 78 or section 78A\nmust be accompanied by—\n\nReport to be acknowledged Division 3.4.4\nDivision 3.4.4 Report to be acknowledged\n","sortOrder":81},{"sectionNumber":"81","sectionType":"section","heading":"Receipt of report to be acknowledged","content":"81 Receipt of report to be acknowledged\n(1) A police officer who receives a report under this chapter must\nacknowledge the making of the report as soon as practicable, but no\nlater than 14 days after the day the police officer receives the report.\n(2) The acknowledgment must—\n(a) be in writing; and\n(b) be given to the person who made the report; and\n(c) include the name and signature of the police officer who\nreceived the report; and\n(d) state how the report was made; and\n(e) state the date and time when the report was received; and\n(f) if the report was made in person—state the place where the\nreport was made; and\n(g) include a copy of the information reported.\n(3) The chief police officer must ensure that a copy of every\nacknowledgment is kept.\n\n","sortOrder":82},{"sectionNumber":"82","sectionType":"section","heading":"Documents, fingerprints, photographs may be kept","content":"82 Documents, fingerprints, photographs may be kept\n(1) The chief police officer may, during a registrable offender’s reporting\nperiod, keep for law enforcement, crime prevention or child\nprotection purposes any of the following taken under this part from,\nor in relation to, the offender:\n(a) copies of documents;\n(b) fingerprints;\n(c) photographs.\n(2) At the end of the registrable offender’s reporting period, the chief\npolice officer must ensure that any item that is being kept under\nsubsection (1) is destroyed.\n\nReporting period Part 3.5\n","sortOrder":83},{"sectionNumber":"83","sectionType":"section","heading":"When reporting period begins","content":"83 When reporting period begins\n(1) A registrable offender’s (other than a previous offender’s) reporting\nperiod for a registrable offence begins at the later of the following\ntimes:\n(a) when the offender is sentenced for the offence;\n(b) if the offender is in, or begins, full-time government custody on\nthe day the offender is sentenced for the registrable offence—\nwhen the offender stops being in full-time government custody.\n(2) A previous offender’s reporting period for a registrable offence\nbegins at the later of the following times:\n(a) when the offender was sentenced for the offence;\n(b) if the offender was in full-time government custody on the day\nthe offender was sentenced for the registrable offence—when\nthe offender stopped or stops being in full-time government\ncustody.\n","sortOrder":84},{"sectionNumber":"84","sectionType":"section","heading":"Reporting period—single class 1 offence—15 years","content":"84 Reporting period—single class 1 offence—15 years\nIf the only registrable offence that a registrable offender has ever been\nfound guilty of is a single class 1 offence, the offender’s reporting\nperiod is 15 years.\n","sortOrder":85},{"sectionNumber":"85","sectionType":"section","heading":"Reporting period—single class 2 offence—8 years","content":"85 Reporting period—single class 2 offence—8 years\nIf the only registrable offence that a registrable offender has ever been\nfound guilty of is a single class 2 offence, the offender’s reporting\nperiod is 8 years.\n\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Reporting period—2 class 2 offences—15 years","content":"86 Reporting period—2 class 2 offences—15 years\nIf the only registrable offences that a registrable offender has ever\nbeen found guilty of are 2 class 2 offences, the offender’s reporting\nperiod is 15 years.\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Reporting period—multiple offences—life","content":"87 Reporting period—multiple offences—life\n(1) If a registrable offender has been found guilty of 2 registrable\noffences and 1 or both of the offences is a class 1 offence, the\nregistrable offender’s reporting period is the rest of the offender’s life.\n(2) If a registrable offender has been found guilty of more than\n2 registrable offences, the offender’s reporting period is the rest of the\noffender’s life.\nNote A life-long reporting obligation may be suspended under s 97 (Supreme\nCourt may make suspension order).\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"Offences committed before commencement of Act used","content":"88 Offences committed before commencement of Act used\nto work out length of reporting period\nA reference to an offence in any of the following sections includes an\noffence committed before the commencement of the section:\n(a) section 84 (Reporting period—single class 1 offence—\n15 years);\n(b) section 85 (Reporting period—single class 2 offence—8 years);\n(c) section 86 (Reporting period—2 class 2 offences—15 years);\n(d) section 87 (Reporting period—multiple offences—life).\n\nReporting period Part 3.5\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Reduced reporting period for young offenders","content":"89 Reduced reporting period for young offenders\n(1) If a registrable offender was a young person when the offender\ncommitted each registrable offence, the offender’s reporting period is\n71/2 years.\n(2) However, if the only registrable offence that the offender has ever\nbeen found guilty of is a single class 2 offence, the offender’s\nreporting period is 4 years.\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Offences arising from same incident taken as 1 offence","content":"90 Offences arising from same incident taken as 1 offence\n(1) For this part, 2 or more offences arising from the same incident are to\nbe treated as a single offence.\n(2) For this part, 2 or more offences arising from the same incident are to\nbe treated as a single class 1 offence if 1 or more of the offences is a\nclass 1 offence.\nNote Offences arise from the same incident only if they are committed within\na single period of 24 hours and are committed against the same person\n(see dict, def same incident).\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Reporting period for person subject to child sex offender","content":"91 Reporting period for person subject to child sex offender\nregistration order\nFor this part, if a court makes a child sex offender registration order\nin relation to a person for an offence, the person is taken to be a\nregistrable offender found guilty of a class 2 offence.\nNote A court may make a child sex offender registration order if a person is\nfound guilty of an offence that is not a class 1 or class 2 offence and the\ncourt is satisfied that the person poses a risk to the sexual safety of 1 or\nmore people or of the community (see s 15).\n\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Extended reporting period for offenders on parole","content":"92 Extended reporting period for offenders on parole\n(a) a registrable offender is on parole for a registrable offence; and\n(b) the reporting period for the offence will end before the end of\nthe term of the sentence of imprisonment to which the parole\nrelates.\n(2) Despite anything in this part, the registrable offender’s reporting\nperiod is extended until the end of the term of imprisonment to which\nthe parole relates.\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Extended reporting period for offender in custody","content":"93 Extended reporting period for offender in custody\nIf a registrable offender spends time in government custody, the\noffender’s reporting period is extended by the length of time the\noffender is in custody.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Reporting period for prescribed corresponding offenders","content":"94 Reporting period for prescribed corresponding offenders\n(1) Despite anything in this part, the reporting period for a prescribed\ncorresponding offender is the period the offender would be required\nto report to the corresponding registrar of a foreign jurisdiction in the\ncircumstances described in section 11 (1) (a) (Who is a prescribed\ncorresponding offender?).\n(2) If the prescribed corresponding offender is a prescribed\ncorresponding offender under a law of more than 1 foreign\njurisdiction, the offender’s reporting period is the longest of the\nreporting periods of the foreign jurisdictions that apply to the\noffender.\n\nSuspension of reporting obligations Part 3.6\n","sortOrder":95},{"sectionNumber":"Part 3","sectionType":"part","heading":"6 Suspension of reporting","content":"Part 3.6 Suspension of reporting\nobligations\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Pt 3.6 only applies to offender with life-long reporting","content":"95 Pt 3.6 only applies to offender with life-long reporting\nperiod\nThis part applies only to a registrable offender whose reporting period\nunder part 3.5 (Reporting periods) is the rest of the offender’s life.\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Eligibility of offender to apply for suspension order","content":"96 Eligibility of offender to apply for suspension order\nA registrable offender is eligible to apply for an order suspending the\noffender’s reporting obligations (a suspension order) only if—\n(a) 15 years have passed (excluding days in government custody)\nsince the offender was last sentenced or released from\ngovernment custody for a registrable offence or a corresponding\nregistrable offence, whichever is later; and\n(b) the offender did not become the subject of a life-long reporting\nperiod under a corresponding law while in a foreign jurisdiction\nbefore becoming the subject of a life-long reporting period in\nthe ACT; and\n(c) the offender is not on parole for a registrable offence.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Supreme Court may make suspension order","content":"97 Supreme Court may make suspension order\n(1) This section applies if a registrable offender is eligible to apply for a\nsuspension order.\n(2) On application by the offender, the Supreme Court may make a\nsuspension order.\n(3) The court may make the order only if satisfied that the registrable\noffender does not pose a risk to the sexual safety of 1 or more people\nor of the community.\n\n(4) In deciding whether to make the order, the court must take into\naccount—\n(a) the seriousness of the offender’s registrable offences and\ncorresponding registrable offences; and\n(b) the period of time since the offences were committed; and\n(c) the age of the offender, the age of the victims of the offences,\nand the difference in age between the offender and the victims\nof the offences, when the offences were committed; and\n(d) the offender’s present age; and\n(e) the offender’s total criminal record.\n(5) Subsection (4) does not limit the matters the court may take into\naccount.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Chief police officer is party to application","content":"98 Chief police officer is party to application\nThe chief police officer is a party to an application for a suspension\norder and may make submissions to the Supreme Court in relation to\nthe application.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"No costs to be awarded for suspension order application","content":"99 No costs to be awarded for suspension order application\nThe Supreme Court may not award costs for a proceeding under this\npart.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Unsuccessful applicant cannot reapply for 5 years","content":"100 Unsuccessful applicant cannot reapply for 5 years\nIf the Supreme Court refuses to make a suspension order in relation\nto a registrable offender, the offender is not eligible to reapply for a\nsuspension order for 5 years after the day of the refusal, unless the\ncourt otherwise orders when refusing to make the order.\nNote However, this section does not apply if a suspension order ceases to have\neffect under s 101 (1) (see s 102).\n\nSuspension of reporting obligations Part 3.6\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Suspension order ceases if offender reoffends","content":"101 Suspension order ceases if offender reoffends\n(1) A suspension order made for a registrable offender ceases to have\neffect if, after the order is made, the offender—\n(a) is found guilty of a registrable offence; or\n(b) is made the subject of a child sex offender registration order; or\n(c) becomes a prescribed corresponding offender.\nNote If an offender’s reporting obligations are suspended and the suspension\norder ceases to have effect, the offender must report the offender’s\npersonal details to the chief police officer at an approved reporting place\nwithin the time stated in s 30 (Offence—offender whose reporting\nsuspension ceases must report).\n(2) A suspension order that has ceased to have effect under subsection (1)\nis revived if—\n(a) the finding of guilt because of which the order ceased to have\neffect is quashed or set aside by a court; or\n(b) the order ceased to have effect under subsection (1) (b) and the\nchild sex offender registration order is quashed on appeal or the\nregistrable offender’s finding of guilt for the offence because of\nwhich the child sex offender registration order is made is\nquashed or set aside by a court.\n(3) For this section, it is irrelevant whether or not a registrable offender\nmay begin, or has begun, an appeal in relation to a finding of guilt or\na child sex offender registration order.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Application for new suspension order","content":"102 Application for new suspension order\n(1) If a suspension order made for a registrable offender ceases to have\neffect under section 101 (1), the offender may apply for a new order.\n(2) Section 100 (Unsuccessful applicant cannot reapply for 5 years) does\nnot apply to the application.\n\n(3) If a suspension order made for a registrable offender ceases to have\neffect under section 101 (1) (b) or (c), and the offender applies for a\nnew suspension order, section 96 (a) (Eligibility for offender to apply\nfor suspension order) applies as if the 15-year period mentioned were\na period of 15 years (excluding days in government custody) since\nthe registrable offender last committed a registrable offence or a\ncorresponding registrable offence.\n\nNotice of reporting obligations Part 3.7\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"What is a reporting obligations notice?","content":"103 What is a reporting obligations notice?\nreporting obligations notice, for a registrable offender, means a\nwritten notice stating—\n(a) the offender’s reporting obligations; and\n(b) the consequences that may arise if the offender does not comply\nwith the obligations.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Reporting obligations notice to be given when person","content":"104 Reporting obligations notice to be given when person\nbecomes registrable offender\n(1) An entity prescribed by regulation for this section must give a\nregistrable offender a reporting obligations notice as soon as\npracticable, but no later than 14 days after the day any of the\nfollowing events happen:\n(a) the offender is sentenced for a registrable offence;\n(b) the offender is released from government custody (whether or\nnot the person was in government custody for a registrable\noffence);\n(c) the offender is released from full-time government custody for\na registrable offence;\n(d) the offender enters the ACT, and remains in the ACT for 7 days,\nif the offender has not previously been given notice of the\noffender’s reporting obligations in the ACT;\n(e) the offender becomes a prescribed corresponding offender, if the\noffender is in the ACT at the time.\n(2) An entity is not required to give a reporting obligations notice if the\nnotice has been given by someone else.\n\n(3) Despite anything in this part, a regulation may provide that a reporting\nobligations notice is not required to state the registrable offender’s\nreporting period if the regulation requires a notice containing that\ninformation to be given when the offender reports the offender’s\npersonal details in person under this chapter.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Reporting obligations notice may be given at any time","content":"105 Reporting obligations notice may be given at any time\nThe chief police officer may, at any time, give a registrable offender\na reporting obligations notice.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Courts to provide sentencing information to chief police","content":"106 Courts to provide sentencing information to chief police\nofficer\n(1) This section applies if a court—\n(a) makes an order or imposes a sentence that has the effect of\nmaking a person a registrable offender for this Act; or\n(b) imposes a sentence on a person in relation to a registrable\noffence; or\n(c) makes a order in relation to a registrable offender that has the\neffect of removing the person from the ambit of this Act.\nExample for par (c)\na court on appeal quashes a finding of guilt in relation to a registrable offence for\nwhich a person had been sentenced and the offence was the only registrable offence\nfor which the person had ever been found guilty\n(2) The court must give the chief police officer written notice of the order\nor sentence as soon as practicable.\ncourt does not include a court of a foreign jurisdiction.\n\nNotice of reporting obligations Part 3.7\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Chief police officer must tell offender if reporting period","content":"107 Chief police officer must tell offender if reporting period\nchanges\n(1) This section applies to a registrable offender whose reporting period\nhas changed since the offender was last told of the offender’s\nreporting period in the ACT.\n(2) The chief police officer must give written notice to the registrable\noffender as soon as practicable after the change, and in no case later\nthan the time the offender next reports under this Act.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Supervising authority to tell chief police officer of certain","content":"108 Supervising authority to tell chief police officer of certain\nevents\n(1) This section applies if a registrable offender—\n(a) stops being in government custody, irrespective of the reason\nthe offender was in custody; or\n(b) stops being in full-time government custody for a registrable\noffence; or\n(c) stops being subject to a community service order, irrespective of\nthe reason the offender was subject to the order; or\n(d) stops being subject to a good behaviour order under the Crimes\n(Sentencing) Act 2005; or\n(e) stops being subject to a condition of parole requiring the\noffender to be subject to supervision, irrespective of the reason\nthe offender was on parole; or\n(f) becomes a registrable offender prescribed by regulation for this\nsection.\n(2) The supervising authority must give written notice of an event\nmentioned in subsection (1) to the chief police officer as soon as\npracticable, but no later than 14 days after the day the event happens.\n(3) The notice must include any details prescribed by regulation.\n\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Procedural defects do not affect offender’s obligations","content":"109 Procedural defects do not affect offender’s obligations\nA failure by a person other than a registrable offender to comply with\na procedural requirement imposed on the person by this chapter or by\nregulation does not, of itself, affect an offender’s reporting\nobligations.\n\nProtected witnesses Part 3.8\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Who is a protected registrable offender?","content":"110 Who is a protected registrable offender?\n(1) A person is a protected registrable offender if the person is—\n(a) a registrable offender who is—\n(i) a participant in the witness protection program; or\n(ii) the subject of a protected registrable offender declaration\nin force under this part; or\n(b) a foreign protected witness.\nforeign protected witness means a person who—\n(a) is receiving protection under a law of a foreign jurisdiction\n(i) provides for the protection of witnesses; and\n(ii) is prescribed by regulation for this subsection; or\n(b) has the same status under a corresponding law as a person\nmentioned in paragraph (a).\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Protected and unprotected registrable offender","content":"111 Protected and unprotected registrable offender\ndeclarations\nIf a registrable offender is a participant in the witness protection\nprogram and stops being a participant in the program, the chief police\nofficer must declare that the offender is either—\n(a) a protected registrable offender (a protected registrable\noffender declaration); or\n\n(b) not a protected registrable offender (an unprotected registrable\noffender declaration).\nNote A decision under s 111 is a reviewable decision (see s 132ZV), and the\nchief police officer must give a reviewable decision notice to the person\n(see s 132ZW).\n","sortOrder":113},{"sectionNumber":"115","sectionType":"section","heading":"When protected and unprotected registrable offender","content":"115 When protected and unprotected registrable offender\ndeclarations take effect\n(1) A protected registrable offender declaration takes effect immediately.\n(2) An unprotected registrable offender declaration made for a registrable\noffender takes effect on the later of the following days:\n(a) at the end of 28 days after the day the offender is told about the\nmaking of the declaration;\n(b) if the offender applies to the ACAT under chapter 5B for review\nof a declaration—on the day the ACAT makes a decision on the\napplication.\n\nFailure to comply with reporting obligations—public notices Part 3.10\nPart 3.10 Failure to comply with reporting\nobligations—public notices\n","sortOrder":114},{"sectionNumber":"116A","sectionType":"section","heading":"Chief police officer may issue public notice in certain","content":"116A Chief police officer may issue public notice in certain\ncircumstances\n(1) The chief police officer or a deputy chief police officer may publish\na notice about a registrable offender if—\n(a) satisfied that the offender—\n(i) has failed to comply with a reporting obligation under this\nchapter; and\n(ii) cannot be located; and\n(b) the offender is not a young person; and\n(c) the officer believes on reasonable grounds that—\n(i) the offender poses a risk to the lives or sexual safety of 1 or\nmore people or of the community; and\n(ii) publishing the notice will reduce the risk.\n(2) For subsection (1) (c) (i), it is not necessary for the officer to identify\na risk to particular people, or a particular class of people.\n(3) The notice must—\n(a) include 1 or more of the following:\n(i) the offender’s name;\n(ii) a photograph of the offender;\n(iii) a description of the offender; and\n(b) state that the offender is required by police to answer questions;\nbut\n(c) not state that the offender is a registrable offender.\n\n","sortOrder":115},{"sectionNumber":"116B","sectionType":"section","heading":"Definitions—pt 3.11","content":"116B Definitions—pt 3.11\nentry and search warrant means a warrant authorising entry and\nsearch of the premises of a registrable offender for the purpose of\nverifying—\n(a) the offender’s personal details; or\n(b) if the offender is subject to an order under chapter 5A (Orders\nprohibiting offender conduct)—whether the offender has\nbreached, or is likely to breach, the order.\nexecuting officer, of an entry and search warrant, means—\n(a) the police officer named in the warrant as the police officer\nauthorised to execute the warrant; or\n(b) if that police officer does not intend to be present at the\nexecution of the warrant—another police officer whose name\nhas been written in the warrant by the police officer named under\nparagraph (a); or\n(c) another police officer whose name has been written in the\nwarrant by the police officer named in the warrant under\nparagraph (b).\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\noffensive weapon—see the Crimes Act 1900, dictionary.\n\nperson assisting, in relation to an entry and search warrant, means a\nperson who has been authorised by an executing officer to assist in\nexecuting the warrant.\npremises includes the following:\n(a) land (whether vacant or occupied);\n(b) any structure, building, vehicle or place (whether built or not);\n(c) any part of a structure, building, vehicle or place.\npublic official—see the Criminal Code, section 300.\n","sortOrder":116},{"sectionNumber":"116C","sectionType":"section","heading":"Entry and search warrant—application","content":"116C Entry and search warrant—application\n(1) The chief police officer, a deputy chief police officer or a police\nofficer of or above the rank of sergeant (the applicant) may apply to\na magistrate for an entry and search warrant.\n(a) state—\n(i) the name of the applicant; and\n(ii) the name of the executing officer; and\n(iii) the nature and duration of the warrant sought; and\n(iv) whether the registrable offender has previously been\nsubject to a search authorised under a territory law in\nrelation to similar information or material; and\n(v) whether a previous application has been made under this\nsection in relation to the offender; and\n(b) subject to subsection (3), be supported by an affidavit setting out\nthe grounds on which the warrant is sought.\n\n(3) The application may be made without a supporting affidavit if the\napplicant believes that—\n(a) the immediate use of an entry and search warrant is necessary—\n(i) for the purpose of verifying the offender’s personal details;\nor\n(ii) if the registrable offender is subject to an order under\nchapter 5A (Orders prohibiting offender conduct)—\nbecause the offender has breached, or is likely to breach,\nthe order; and\n(b) it is impracticable for an affidavit to be prepared or sworn before\nthe application is made.\n(4) If subsection (3) applies, the applicant must—\n(a) give as much information as the magistrate considers reasonably\npracticable in the circumstances; and\n(b) if the magistrate issues the warrant—send the supporting\naffidavit to the magistrate as soon as practicable; and\n(c) if the magistrate refuses to issue the warrant—make a written\nrecord of the application and the reasons for the warrant not\nbeing issued.\n","sortOrder":117},{"sectionNumber":"116D","sectionType":"section","heading":"Application for entry and search warrant—supporting","content":"116D Application for entry and search warrant—supporting\ninformation\n(1) In making an application under section 116C, the applicant must, as\npart of the affidavit, provide the magistrate with any information or\nmaterial relevant to the application (regardless of whether the\ninformation or material supports the application).\n(2) The applicant must keep a copy of any affidavit or information or\nmaterial relied on under this part for 1 year after the registrable\noffender stops being subject to a reporting obligation.\n\n","sortOrder":118},{"sectionNumber":"116E","sectionType":"section","heading":"Entry and search warrant—remote application","content":"116E Entry and search warrant—remote application\n(1) If the applicant believes that it is impracticable for an application for\nan entry and search warrant to be made in person, the application may\nbe made by telephone, fax, email or any other means of\ncommunication.\n(2) As soon as practicable after making a remote application, the\napplicant must make a written record of the application.\n(3) If practicable, the magistrate must fax or email a copy of the warrant\nto the applicant.\n","sortOrder":119},{"sectionNumber":"116F","sectionType":"section","heading":"Entry and search warrant—deciding application","content":"116F Entry and search warrant—deciding application\nThe magistrate may issue an entry and search warrant if satisfied on\nreasonable grounds that—\n(a) either—\n(i) the registrable offender has incorrectly reported, or is likely\nto incorrectly report, personal details; or\n(ii) if the registrable offender is subject to an order under\nchapter 5A (Orders prohibiting offender conduct)—the\noffender has breached, or is likely to breach, the order; and\n(b) for an application without affidavit—it would have been\nimpracticable for an affidavit to have been prepared and sworn\nbefore the application was made; and\n(c) for a remote application—it would have been impracticable for\nthe application to have been made in person.\n\n","sortOrder":120},{"sectionNumber":"116G","sectionType":"section","heading":"Content of entry and search warrant","content":"116G Content of entry and search warrant\n(1) An entry and search warrant must include statements of the following\nmatters:\n(a) a description of the premises, or the name or description of the\nregistrable offender to which the warrant relates;\n(b) the kinds of material to be searched for under the warrant;\n(c) the name of the police officer who is to be responsible for\nexecuting the warrant;\n(d) the period, not exceeding 7 days, for which the warrant remains\nin force;\n(e) the times when the search is authorised;\n(f) any conditions subject to which premises may be entered under\nthe warrant;\n(g) the things under section 116H the warrant authorises the\nexecuting officer or an assisting officer to do.\n(2) For subsection (1) (e), an entry and search warrant must not authorise\na search during the period beginning at 9 pm on a day and ending at\n6 am on the next day unless the magistrate is satisfied that—\n(a) it is necessary to prevent the concealment, loss or destruction of\nevidential material in relation to an offence; or\n(b) it would not be practicable to conduct the search at another time.\nExamples—when not practicable to conduct search at another time\n1 conducting the search during normal hours may increase the risk to the\nsafety of officers\n2 conducting the search during normal hours may compromise another\ninvestigation\n(3) In deciding any conditions under subsection (1) (f), the magistrate\nmust have regard to the personal privacy of a third party who may be\naffected by the warrant.\n\n(4) Subsection (1) (d) does not prevent the issue of successive warrants\nin relation to the same premises or person.\n","sortOrder":121},{"sectionNumber":"116H","sectionType":"section","heading":"What an entry and search warrant may authorise","content":"116H What an entry and search warrant may authorise\n(1) An entry and search warrant may authorise the executing officer or\nan assisting officer to—\n(a) enter the warrant premises, by force if necessary, and to remain\nat the premises for as long as reasonably necessary (but not\nlonger than 2 hours) to exercise any power authorised under the\nwarrant; and\n(b) if the premises is a vehicle—enter the vehicle, by force if\nnecessary, wherever it is; and\n(c) search the premises for the kinds of material specified in the\nwarrant, and anything else relevant to the purpose of the warrant,\nand to seize things of those kinds found at the premises; and\n(d) seize other things found at the premises in the course of the\nsearch that the executing officer or an assisting officer believes\non reasonable grounds to be connected to an offence punishable\nby imprisonment for 12 months or longer; and\n(e) conduct an ordinary search or a frisk search of a person at or\nnear the premises if the executing officer or an assisting officer\nsuspects on reasonable grounds that the person has any\nevidential material in relation to an offence or seizable items in\nthe person’s possession, and to seize things of that kind; and\n(f) seize other things found in the course of searching the person\nthat the executing officer or an assisting officer believes on\nreasonable grounds to be connected to an offence punishable by\nimprisonment for 12 months or longer; and\n\n(g) seize a thing found while searching the person or premises that\nmay be used as an offensive weapon, if the executing officer or\nan assisting officer believes on reasonable grounds that seizure\nof the thing is necessary to prevent an imminent risk of harm to\na person or property; and\n(h) take a photograph of a thing found while searching the person\nor premises that the executing officer or assisting officer\nbelieves on reasonable grounds to be evidential material in\nrelation to an offence, material that may assist an investigation,\nor a seizable item; and\n(i) stop and detain a person at the premises for as long as reasonably\nnecessary (but not longer than 2 hours) to assist the executing\nofficer or an assisting officer to exercise any power authorised\nunder the warrant; and\n(j) if a registrable offender has refused access to data on an\nelectronic device under section 116Q—access the information\nfor as long as reasonably necessary (but not longer than 4 hours)\nto assist the executing officer or assisting officer to exercise any\npower authorised under the warrant; and\n(k) exercise a power under this section in relation to part of premises\noccupied exclusively by a person other than a registrable\noffender, if the executing officer or assisting officer believes on\nreasonable grounds that the part of the premises is used by the\n(l) do anything else authorised by the magistrate.\n(2) If a transgender or intersex person is searched under this section, the\nperson may require that the search be conducted by either a male or a\nfemale.\n\n(3) Despite paragraphs (1) (a), (i) and (j), an entry and search warrant\nmay authorise the executing officer or an assisting officer to—\n(a) remain at the premises or stop and detain a person at the\npremises for up to 4 hours if the magistrate is satisfied that the\nwarrant cannot be executed within 2 hours; and\n(b) access data on a registrable offender’s electronic device for up\nto 8 hours, and remain at premises for that purpose, if satisfied\nthat the warrant cannot be executed within 4 hours.\n(4) An entry and search warrant may not authorise a strip search or a\nsearch of a person’s body cavities.\n","sortOrder":122},{"sectionNumber":"116I","sectionType":"section","heading":"Extension and amendment of entry and search warrant","content":"116I Extension and amendment of entry and search warrant\n(1) The chief police officer, deputy chief police officer or police officer\nof or above the rank of sergeant to whom an entry and search warrant\nhas been issued may apply, at any time before the expiry of the\nwarrant, for an—\n(a) extension of the warrant; or\n(b) amendment of any condition of the warrant.\n(2) The application need not be made to the same magistrate who first\nissued the warrant.\n(3) Section 116C (Entry and search warrant—application), section 116D\n(Application for entry and search warrant—supporting information)\nand section 116E (Entry and search warrant—remote application)\napply, with any necessary changes, to an application under this\nsection as if it were an application for the warrant.\n(4) A magistrate may grant an application under this section only if\nsatisfied that the warrant requires extension or amendment to be\nproperly executed.\n\n(5) If the magistrate grants the application, the magistrate must endorse\nthe new expiry date or the other amended condition on the original\nwarrant.\n(6) An application may be made more than once under this section.\n(7) However, an application may only be made once under this section\nfor an extension of time under section 116G (4) or section 116H (3).\n","sortOrder":123},{"sectionNumber":"116J","sectionType":"section","heading":"Revocation of entry and search warrant","content":"116J Revocation of entry and search warrant\n(1) An entry and search warrant may be revoked at any time before the\nend of the period of validity stated in it by the magistrate.\n(2) A magistrate may revoke the warrant if satisfied that—\n(a) the information supporting the application for the warrant was\nfalse or misleading; or\n(b) the warrant contains an error; or\n(c) the grounds for issue of the warrant no longer exist; or\n(d) revoking the warrant is in the interests of justice.\n(3) The magistrate must give notice of the revocation of an entry and\nsearch warrant to the executing officer to whom the warrant was\nissued.\n(4) If the chief police officer, a deputy chief police officer or a police\nofficer of or above the rank of sergeant is satisfied that the grounds\nfor issue of an entry and search warrant to an executing officer no\nlonger exist, the officer must ensure that an application is made for\nthe revocation of the warrant under this section.\n(5) If the executing officer to whom an entry and search warrant has been\nissued, or who is primarily responsible for executing an entry and\nsearch warrant, believes that the grounds for issue of the warrant no\nlonger exist, the officer must tell the chief police officer, a deputy\nchief police officer or a police officer of or above the rank of sergeant\nimmediately.\n\n","sortOrder":124},{"sectionNumber":"116K","sectionType":"section","heading":"Use of force and availability of assistance in executing","content":"116K Use of force and availability of assistance in executing\nentry and search warrant\n(1) An executing officer, assisting officer or a person assisting who is not\na police officer may use force in executing an entry and search\nwarrant against people and things that is necessary and reasonable in\nthe circumstances.\n(2) An executing officer may obtain the assistance in executing the\nwarrant that is necessary and reasonable in the circumstances.\n","sortOrder":125},{"sectionNumber":"116L","sectionType":"section","heading":"Announcement before entry","content":"116L Announcement before entry\n(1) An executing officer must, before anyone enters premises under an\nentry and search warrant—\n(a) announce that the person is authorised to enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises is present—identify themself to\nthat person.\n(2) The executing officer is not required to comply with subsection (1) if\nthe officer believes on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including any police officer or person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":126},{"sectionNumber":"116M","sectionType":"section","heading":"Details of warrant to be given to occupier etc","content":"116M Details of warrant to be given to occupier etc\n(1) If an entry and search warrant in relation to premises is being\nexecuted and the occupier of the premises is present at the premises,\nthe executing officer or an assisting officer must make available to\nthat person a copy of the warrant.\n(2) The executing officer or an assisting officer must provide the\nregistrable offender in relation to whom the warrant relates with a\ncopy of the warrant.\n(3) If a person is searched under a warrant in relation to premises, the\nexecuting officer or an assisting officer must show the person a copy\nof the warrant.\n(4) The executing officer must identify themself to the person at the\npremises or the person being searched.\n(5) The copy of the warrant mentioned in subsections (1) and (2) need\nnot include the signature of the magistrate.\n","sortOrder":127},{"sectionNumber":"116N","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"116N Occupier entitled to be present during search etc\n(1) If an occupier of premises is present at the premises while an entry\nand search warrant is being executed, the occupier is entitled to\nobserve the search being conducted.\nNote The Crimes Act 1914 (Cwlth), pt 1C applies in relation to the\ninvestigation of certain ACT offences.\n(2) However, the occupier is not entitled to observe the search if to do so\nwould impede the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":128},{"sectionNumber":"116O","sectionType":"section","heading":"Use of equipment to examine or process things","content":"116O Use of equipment to examine or process things\n(1) An executing officer or an assisting officer may bring to the premises\nequipment reasonably necessary for the examination or processing of\na thing found at the premises, to determine whether it is a thing that\nmay be seized under an entry and search warrant.\n(2) The thing may be moved to another place for examination or\nprocessing if—\n(a) it is not practicable to examine or process it at the premises; or\n(b) the occupier of the premises consents in writing.\n(3) If a thing is moved to another place under subsection (2), the\nexecuting officer must, if practicable—\n(a) tell the occupier the address of the place, and when the\nexamination or processing will be conducted; and\n(b) allow the occupier or occupier’s representative to be present\nduring the examination or processing.\n(4) The executing officer or an assisting officer may operate equipment\nalready at the premises to examine or process a thing to determine\nwhether it is a seizable item, if the officer believes on reasonable\ngrounds that—\n(a) the equipment is suitable for the examination or processing; and\n(b) the examination or processing can be conducted without damage\nto the equipment or thing.\n","sortOrder":129},{"sectionNumber":"116P","sectionType":"section","heading":"Use of electronic equipment at premises","content":"116P Use of electronic equipment at premises\n(1) An executing officer or an assisting officer may operate electronic\nequipment at the premises to access data (including data not held at\nthe premises) if the officer believes on reasonable grounds that—\n(a) the data may assist the officer in verifying—\n(i) the registrable offender’s personal details; or\n\n(ii) if the offender is subject to an order under chapter 5A\n(Orders prohibiting offender conduct)—whether the\noffender has breached, or is likely to breach, the order; and\n(b) the equipment can be operated without damaging it.\n(2) If the executing officer or assisting officer believes that any data\naccessed by operating the electronic equipment may assist the officer\nunder subsection (1) (a), the officer may—\n(a) copy the data to a storage device brought to the premises; or\n(b) if the occupier of the premises agrees in writing—copy the data\nto a data storage device at the premises.\n(3) The executing officer or assisting officer may take the device from\nthe premises.\n(4) The executing officer or assisting officer may do the following things\nif the officer finds that any material that may assist the officer under\nsubsection (1) (a) is accessible using the equipment:\n(a) seize the equipment and any data storage device;\n(b) if the material can, by using facilities at the premises, be put in\ndocumentary form—operate the facilities to put the material in\nthat form and seize the documents produced.\n(5) A police officer may seize equipment under subsection (4) (a) only\nif—\n(a) it is not practicable to copy the data as mentioned in\nsubsection (2) or put the material in documentary form as\nmentioned in subsection (4) (b); or\n(b) possession of the equipment or material could be an offence.\n\n","sortOrder":130},{"sectionNumber":"116Q","sectionType":"section","heading":"Order requiring registrable offender to assist with access","content":"116Q Order requiring registrable offender to assist with access\nto data etc\n(1) The chief police officer, a deputy chief police officer or a police\nofficer of or above the rank of sergeant may apply to the Magistrates\nCourt for an order requiring the registrable offender to provide any\ninformation or assistance that is reasonably necessary to allow the\nexecuting officer or an assisting officer to do any of the following:\n(a) access data held in or accessible from electronic equipment that\nis on the premises;\n(b) copy the data to a data storage device;\n(c) convert the data into documentary form.\n(2) The court may make an order if satisfied on reasonable grounds\n(a) the registrable offender has failed to provide the information or\nassistance; or\n(b) evidential material in relation to an offence is held in or\naccessible from the equipment and subject to subsection (4), it\nis likely that the material would be admissible in a criminal\nproceeding.\n(3) A registrable offender commits an offence if the offender—\n(a) is ordered to provide information or assistance under this\nsection; and\n(b) is reckless as to the requirement to provide information or\nassistance; and\n(c) fails to provide the information or assistance as ordered.\n\n(4) Any material obtained, directly or indirectly, because of accessing,\ncopying or converting data under this section is not admissible in\nevidence against the registrable offender in a proceeding, other than\na proceeding—\n(a) under this Act; or\n(b) under the Criminal Code, part 3.4 (False or misleading\nstatements, information and documents).\n(5) The provisions of this part relating to the issue of entry and search\nwarrants apply, with any necessary changes, to the making of an order\nunder this section.\n","sortOrder":131},{"sectionNumber":"116R","sectionType":"section","heading":"Damage etc to be minimised","content":"116R Damage etc to be minimised\n(1) In the exercise, or purported exercise of a function in relation to\nelectronic equipment under section 116O, section 116P or\nsection 116Q, a police officer must take all reasonable steps to ensure\nthat the officer, and any person assisting who is not an officer, causes\nas little damage as practicable.\n(2) If the police officer or person assisting damages anything in the\nexercise or purported exercise of a function under section 116O,\nsection 116P or section 116Q, the police officer or person assisting\nmust give written notice of the particulars of the damage to the person\nthe police officer or person assisting believes on reasonable grounds\nis the owner of the thing.\n(3) If the damage happens on premises entered under this part in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place on the premises.\n\n","sortOrder":132},{"sectionNumber":"116S","sectionType":"section","heading":"Compensation","content":"116S Compensation\n(1) A person may claim reasonable compensation from the Territory if\nthe person suffers loss or expense because of the exercise, or\npurported exercise, of a function in relation to electronic equipment\nunder section 116O, section 116P or section 116Q by a police officer\nor a person assisting who is not a police officer.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act or another territory law brought\nagainst the person making the claim for compensation.\n","sortOrder":133},{"sectionNumber":"116T","sectionType":"section","heading":"Copies of seized things to be provided","content":"116T Copies of seized things to be provided\n(1) If the occupier is present at the premises while an entry and search\nwarrant is executed, the occupier may ask a police officer to give the\noccupier a copy of a seized thing or information that is—\n(a) a document, film, computer file or other thing that can be readily\ncopied; or\n(b) a data storage device in which the information can be readily\ncopied.\n(2) The police officer must give the occupier a copy of a seized thing or\ninformation as soon as practicable after the seizure.\n(3) However, the police officer is not required to give the occupier a copy\nof a seized thing or information if—\n(a) the thing was seized under section 116P (Use of electronic\nequipment at premises); or\n(b) possession by the occupier of the thing or information could be\nan offence.\n\n","sortOrder":134},{"sectionNumber":"116U","sectionType":"section","heading":"Receipt for things seized","content":"116U Receipt for things seized\n(1) As soon as practicable after a thing is seized under this part, the\nexecuting officer or assisting officer must give the person from whom\nit was seized—\n(a) a receipt for the thing; and\n(b) a summary of the process by which things can be seized and\nreturned under this part.\n(2) The receipt must include a description of the thing seized.\n(3) The summary must give the information that a person reasonably\nneeds to understand this part, including—\n(a) a description of the process for seizure, forfeiture, return and\ndestruction; and\n(b) if an order is made under section 116Q (Order requiring\nregistrable offender to assist with access to data etc)—a\ndescription of that section.\n","sortOrder":135},{"sectionNumber":"116V","sectionType":"section","heading":"Return or destruction of things seized","content":"116V Return or destruction of things seized\n(1) A police officer who has seized a thing under this part must take\nreasonable steps to return the thing to the person from whom it was\nseized, or to the owner if that person is not entitled to possess it, if—\n(a) the reason for the thing’s seizure no longer exists or the thing is\nnot required to be produced in evidence in a proceeding; or\n(b) the thing has been seized for more than 1 year, and no further\nperiod has been authorised under subsection (2).\n(2) A police officer of or above the rank of superintendent may authorise\nthe keeping of a seized thing for a further period, if the officer is\nsatisfied on reasonable grounds that the thing—\n(a) is likely to be required to be produced in evidence in a future\nproceeding; or\n\n(b) has evidential value in relation to an ongoing inquiry.\n(3) On application by a police officer, the Magistrates Court may approve\nthe destruction of a seized thing or data contained in a seized thing\nunder this part if satisfied on reasonable grounds that—\n(a) a registrable offender is refusing to assist an executing officer or\nassisting officer with information or assistance in relation to data\ncontained in the seized thing and the officer has been unable to\naccess the data within 30 days of seizing the thing; or\n(b) a registrable offender has been assisting an executing officer or\nassisting officer but the data contained in the seized thing cannot\nbe accessed by the officer; or\n(c) the seized thing or data contained in the seized thing contains\nmaterial that is likely to constitute an offence.\n(4) Before a seized thing is returned under subsection (1), a police officer\nmust remove any material that possession of which would be an\noffence under this Act or another law.\n","sortOrder":136},{"sectionNumber":"116W","sectionType":"section","heading":"Application for order disallowing seizure","content":"116W Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to a court for an order disallowing the seizure.\n(2) In deciding whether to make an order under this section, the court\nmust consider whether—\n(a) the applicant has a legal or equitable interest in the thing; and\n(b) the thing has evidential value in relation to a prosecution,\nincluding—\n(i) the seriousness of any charge or likely charge; and\n\n(ii) whether evidence about the thing can be presented without\ntendering the thing (for example, by tendering a\nphotograph of the thing); and\n(c) the thing has been replaced; and\n(d) the applicant or another person requires the thing for business\npurposes or for the generation of income; and\n(e) the seizure of the thing will cause hardship to the applicant or\nanother person; and\n(f) the thing has sentimental value to the applicant or another\nperson.\n(3) However, the court must not make an order if—\n(a) possession of the thing by the applicant or another person would\nbe an offence; or\n(b) it would be dangerous or unsafe for the applicant or another\nperson to possess the thing; or\n(c) the thing is the subject of an application under the Confiscation\nof Criminal Assets Act 2003; or\n(d) the thing may be seized or forfeited under another territory law.\n(4) If the court refuses to make an order disallowing the seizure under\nthis section, the court may order that the thing be destroyed.\n","sortOrder":137},{"sectionNumber":"116X","sectionType":"section","heading":"Forfeiture and disposal of seized things","content":"116X Forfeiture and disposal of seized things\n(a) a police officer is required to return a thing under section 116V\nor another territory law, but the officer cannot locate the person\nfrom whom it was seized or the owner after taking reasonable\nsteps having regard to—\n(i) the estimated value of the thing; and\n\n(ii) whether the thing can be easily replaced; and\n(iii) the period of time that police have been in possession of\nthe thing; and\n(iv) the resources likely to be required to locate the person; and\n(v) whether the thing has sentimental value to the person; and\n(b) an application for disallowance of the seizure under\nsection 116W has not been made, or has been refused or\nwithdrawn before a decision in relation to the application had\nbeen made.\n(2) The seized thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of.\n(3) However, a police officer must attempt to sell the thing before\ndestroying or disposing of it, unless—\n(a) possession of the thing would be an offence; or\n(b) it would be dangerous or unsafe for a person to possess the thing;\nor\n(c) selling the thing would likely require more resources than\ndestroying or disposing of it.\n(4) The police officer may recover the costs of carrying out the sale from\nthe proceeds of the sale.\n(5) If the seized thing is a computer, data may be removed and destroyed\nbefore the computer is sold, destroyed or otherwise disposed of.\n(6) The Minister may, in writing, authorise the chief police officer to\nkeep a forfeited item without selling, destroying or otherwise\ndisposing of it.\n\n","sortOrder":138},{"sectionNumber":"116Y","sectionType":"section","heading":"Offence—refusal of entry to premises","content":"116Y Offence—refusal of entry to premises\n(a) is required to allow an executing officer, assisting officer or\nperson assisting who is not a police officer entry to premises\nunder this part; and\n(b) refuses entry to the premises to the officer, assisting officer or\nperson assisting.\n","sortOrder":139},{"sectionNumber":"116Z","sectionType":"section","heading":"Admissibility of evidence","content":"116Z Admissibility of evidence\nAny material obtained, directly or indirectly, in the exercise of a\nfunction under this part (other than under section 116Q) in relation to\na registrable offender is not admissible in evidence against the\noffender in a proceeding, other than a proceeding—\n(a) under this Act; or\n(b) in relation to a class 1 or class 2 offence; or\n(c) under the Criminal Code, part 3.4 (False or misleading\nstatements, information and documents).\n\n","sortOrder":140},{"sectionNumber":"117","sectionType":"section","heading":"Establishment of child sex offenders register","content":"117 Establishment of child sex offenders register\n(1) The chief police officer must establish a register of sex offenders (the\nchild sex offenders register), or arrange for another entity to establish\nthe child sex offenders register.\n(2) The child sex offenders register must contain the following\ninformation about each registrable offender (to the extent that it is\nknown by the chief police officer):\n(a) the offender’s name and other identifying particulars;\n(b) details of each class 1 and class 2 offence of which the offender\nhas been found guilty or with which the offender has been\ncharged;\n(c) details of each offence of which the offender has been found\nguilty that resulted in the making of a child sex offender\nregistration order;\n(d) the date the offender was sentenced for each registrable offence;\n(e) the date the offender ceased to be in government custody for a\nregistrable offence, or entered or ceased to be in government\ncustody for an offence during the offender’s reporting period;\n(f) the date the offender stopped being in full-time government\ncustody for a registrable offence;\n(g) any information reported for the offender under chapter 3\n(Reporting).\n(3) The child sex offenders register may also contain any other\ninformation that the chief police officer considers appropriate.\n\n","sortOrder":141},{"sectionNumber":"118","sectionType":"section","heading":"Access to child sex offenders register restricted","content":"118 Access to child sex offenders register restricted\n(1) The chief police officer must ensure—\n(a) that the child sex offenders register, or a part of the register, is\nonly accessed by people who are authorised by the chief police\nofficer or under a regulation; and\n(b) that personal information in the child sex offenders register is\nonly disclosed by a person with access to the register, or the\nrelevant part of the register—\n(i) for law enforcement functions or activities and then only\nto an entity prescribed by regulation; or\n(ii) as otherwise required or authorised by a regulation or under\nan Act or other law.\n(2) The chief police officer must develop guidelines about access to, and\ndisclosure of, personal information in the child sex offenders register\nto ensure that access to the personal information in the register is\nrestricted to the greatest extent that is possible without interfering\nwith the purpose of this Act.\n(3) For this section, the child sex offenders register includes information\nfrom a register maintained under a corresponding law that is\naccessible by the chief police officer, whether or not the information\nis physically part of the register.\n(4) This section has effect despite any other Act or law to the contrary.\n","sortOrder":142},{"sectionNumber":"119","sectionType":"section","heading":"Access to information about protected witnesses","content":"119 Access to information about protected witnesses\nrestricted\n(1) The chief police officer must ensure that personal information in the\nchild sex offenders register about a protected registrable offender\ncannot be accessed other than by a person authorised by the police\nofficer or officer of an approved authority responsible for the\nday-to-day operation of the witness protection program.\n\n(2) For this section:\napproved authority—see the Witness Protection Act 1996,\ndictionary.\n","sortOrder":143},{"sectionNumber":"120","sectionType":"section","heading":"Offence—unauthorised person must not access child sex","content":"120 Offence—unauthorised person must not access child sex\noffenders register\n(a) accesses the child sex offenders register; and\n(b) is not authorised to have access to—\n(i) the register; or\n(ii) the part of the register that the person accesses.\n","sortOrder":144},{"sectionNumber":"122","sectionType":"section","heading":"Registrable offender may correct child sex offenders","content":"122 Registrable offender may correct child sex offenders\nregister\n(1) The chief police officer must, if asked by a registrable offender, give\nthe offender a copy of all the reportable information held in the child\nsex offenders register in relation to the offender.\n(2) The chief police officer must comply with subsection (1) as soon as\npracticable, but no later than 14 days after the day the chief police\nofficer was asked.\n(3) A registrable offender may ask the chief police officer to amend any\nincorrect reportable information held in the child sex offenders\nregister in relation to the offender.\n(4) The chief police officer must comply with the request if satisfied that\nthe information is incorrect.\n\n(5) In this section:\nreportable information means information that—\n(a) is given to the chief police officer by, or for, the registrable\n(b) the offender is required to report to the chief police officer.\n","sortOrder":145},{"sectionNumber":"122A","sectionType":"section","heading":"Order for removal of registrable offender—application by","content":"122A Order for removal of registrable offender—application by\nchief police officer\n(1) The chief police officer may apply to the Magistrates Court for an\norder that a registrable offender be removed from the child sex\noffenders register.\n(2) The court may make the order if satisfied on reasonable grounds that\nit would be inappropriate for the offender to remain on the register.\n(3) In making a decision under subsection (2), the court must consider—\n(a) the severity of each offence that resulted in the offender being\non the register; and\n(b) the age of the offender at the time of each offence; and\n(c) the level of harm to the victim and the community caused by\neach offence; and\n(d) the period for which the offender has been included on the\nregister; and\n(e) compliance by the offender with any reporting and sentencing\nobligations; and\n(f) any attempts at rehabilitation by the offender; and\n(g) whether the offender poses a risk to the lives or sexual safety of\n(h) any other circumstances that the court considers relevant.\n\n(4) The director of public prosecutions may appear in the court on behalf\nof the victim.\n","sortOrder":146},{"sectionNumber":"122B","sectionType":"section","heading":"Notice to victim of proposed application for order","content":"122B Notice to victim of proposed application for order\n(1) Before making an application under section 122A, the chief police\nofficer must take reasonable steps to identify, and give notice of the\nproposed application to, each victim of the registrable offender.\n(2) A notice must include the following:\n(a) an invitation for the victim, a person nominated by the victim,\nor a member of the victim’s family to make a written submission\nto the chief police officer about the offender being removed\nfrom the register, including the likely effect on the victim or the\nvictim’s family;\n(b) a statement that any submission made in writing to the chief\npolice officer within the period stated in the notice will be\nconsidered in deciding whether to make an application under\nsection 122A;\n(c) information about the offender to assist the victim, nominee or\nfamily member to make a submission;\nExample—information\nthe registrable offender’s conduct while the offender has been included on\nthe register\n(d) information about any assistance available to the victim,\nnominee or family member to make the submission.\n(3) For subsection (2) (b), the period stated must be a reasonable time\n(not less than 7 days after the day the victim is given the notice) to\nallow the victim, nominee or family member to make a written\nsubmission.\n(4) The notice may include anything else the chief police officer\nconsiders appropriate.\n\n(5) Before giving notice to a victim under this section, the chief police\nofficer must consult with the victims of crime commissioner.\n","sortOrder":147},{"sectionNumber":"122C","sectionType":"section","heading":"Order for removal of registrable offender who was young","content":"122C Order for removal of registrable offender who was young\noffender at time of offence—application by offender\n(1) This section applies to an offender who was—\n(a) immediately before the commencement day, a registered\noffender on the child sex offenders register; and\n(b) a young offender at the time a registrable offence was\ncommitted.\n(2) The offender may apply to the Magistrates Court for an order that the\noffender be removed from the child sex offenders register.\n(3) The offender may apply only once.\n(4) A copy of the application must be served on—\n(a) the victims of crime commissioner; and\n(b) the chief police officer; and\n(c) the director of public prosecutions.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(5) After receiving a copy of the application, the chief police officer must\ntake reasonable steps to identify, and give notice of the application to,\neach victim of the registrable offender.\n\n(6) A notice must—\n(a) state that the victim, a person nominated by the victim, or a\nmember of the victim’s family may make a written submission\nto the court about the offender being removed from the register,\nincluding the likely effect on the victim or the victim’s family;\nand\n(b) include information about the offender to assist the victim,\nnominee or family member to make a submission; and\nExample—information\nthe registrable offender’s conduct while the offender has been included on\nthe register\n(c) include information about any assistance available to the victim,\nnominee or family member to make the submission.\n(7) Before giving notice to a victim under this section, the chief police\nofficer must consult with the victims of crime commissioner.\n(8) The chief police officer, or a person authorised by the chief police\nofficer, may, with the court’s consent, appear and make submissions\nabout information on the child sex offenders register that is relevant\nto the matters the court must consider under subsection (11).\n(9) The director of public prosecutions may appear in the court on behalf\nof the victim.\n(10) The court may make the order if satisfied on reasonable grounds that\nit would be inappropriate for the offender to remain on the register.\n(11) In making a decision under subsection (10), the court must consider—\n(a) the severity of each offence that resulted in the offender being\non the register and the seriousness of the circumstances\nsurrounding the commission of each offence; and\n(b) the age of the offender at the time of each offence; and\n(c) the level of harm to the victim and the community caused by\neach offence; and\n\n(d) any attempts at rehabilitation by the offender; and\n(e) whether the offender poses a risk to the lives or sexual safety of\n(f) any other circumstances that the court considers relevant.\n(12) The chief police officer must take all reasonable steps to give written\nnotice of this section to each offender to whom this section applies\nnot later than 1 month after the commencement day.\n(13) In this section:\ncommencement day means the day the Crimes (Child Sex Offenders)\nAmendment Act 2015, section 3 commences.\n\n","sortOrder":148},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registrable offenders","content":"Chapter 5 Registrable offenders\nprohibited from child-related\n","sortOrder":149},{"sectionNumber":"123","sectionType":"section","heading":"What is employment?","content":"123 What is employment?\nemployment includes—\n(a) performance of work—\n(i) under a contract of employment or contract for services\n(whether written or unwritten); or\n(ii) as a minister of religion or as part of the duties of a\nreligious vocation; or\n(b) undertaking practical training as part of an educational or\nvocational course; or\n(c) performance of work as a volunteer; or\n(d) performance of work under, or because of, a sentence, including\na community service order.\n","sortOrder":150},{"sectionNumber":"124","sectionType":"section","heading":"What is child-related employment?","content":"124 What is child-related employment?\n(1) Employment is child-related (child-related employment) if the\nemployment involves contact with a child in relation to any of the\n(a) child protection services;\n(b) preschools, kindergartens or education and care services or\nchildcare centres;\n(c) family day care schemes;\n(d) educational institutions for children;\n\n(e) detention places under the Children and Young People\nAct 2008;\n(f) refuges or other residential facilities used by children;\n(g) wards of public or private hospitals where children are\nordinarily patients;\n(h) clubs, associations or movements (including of a cultural,\nrecreational or sporting nature) with significant child\nmembership or involvement (including involvement of a\nvoluntary nature);\n(i) religious organisations;\n(j) babysitting or childminding services arranged by a commercial\nagency;\n(k) fostering children;\n(l) providing public or private transport services for the transport of\nchildren;\n(m) private tuition services of any kind for children arranged by a\ncommercial agency;\n(n) counselling or other support services for children;\n(o) overnight camps, irrespective of the kind of accommodation or\nof how many children are involved;\n(p) school-crossing services;\n(q) before and after school care programs;\n(r) school holiday vacation programs;\n(s) approved training contracts under the Training and Tertiary\nEducation Act 2003;\n\n(t) legal services related to a child, provided by Legal Aid ACT;\n1 providing advice to a child\n2 representing a child in a legal matter\n3 representing a person in a proceeding where a child is a witness\n(u) anything else prescribed by regulation for this section.\nchildcare centre includes a childcare centre within the meaning of the\nChildren and Young People Act 2008, section 733.\ncontact means any form of contact between a person and a child, and\nincludes—\n(a) any form of physical contact; and\n(b) any form of oral communication, whether face-to-face or by\ntelephone; and\n(c) any form of written communication, including electronic\ncommunication.\neducational institutions for children include the following:\n(a) a government school or non-government school under the\nEducation Act 2004;\n(b) a registered training organisation under the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3;\n(c) a registered higher education provider under the Tertiary\nEducation Quality and Standards Agency Act 2011 (Cwlth).\n\neducation and care service—see the Education and Care Services\nNational Law (ACT), section 5.\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\nfamily day care scheme—see the Children and Young People\nAct 2008, section 734.\nLegal Aid ACT—see the Legal Aid Act 1977, section 94\n(Commission to operate as Legal Aid ACT).\nschool-crossing services means services provided by people to assist\nchildren to cross roads on their way to or from school.\n","sortOrder":151},{"sectionNumber":"125","sectionType":"section","heading":"When is a person engaged in child-related employment?","content":"125 When is a person engaged in child-related employment?\n(1) A person is engaged in child-related employment if the person is—\n(a) an officer of a corporation that is engaged in child-related\nemployment; or\n(b) a member of the committee of management of an\nunincorporated body or association that is engaged in\nchild-related employment; or\n(c) a member of a partnership that is engaged in child-related\nemployment.\n(2) This section does not limit the circumstances in which a person can\nbe taken to be engaged in child-related employment.\nofficer—\n(a) for a corporation within the meaning of the Corporations Act—\nsee the Corporations Act, section 9; and\n\n(b) for any other corporation—means a person (by whatever name\ncalled) who is concerned, or takes part in, the management of\nthe corporation.\n","sortOrder":152},{"sectionNumber":"126","sectionType":"section","heading":"Offence—offender must not apply for child-related","content":"126 Offence—offender must not apply for child-related\nA registrable offender commits an offence if the offender—\n(a) applies for child-related employment; and\n(b) is reckless about whether the employment is child-related\nemployment.\n","sortOrder":153},{"sectionNumber":"127","sectionType":"section","heading":"Offence—offender must not engage in child-related","content":"127 Offence—offender must not engage in child-related\nA registrable offender commits an offence if the offender engages in\nchild-related employment.\n","sortOrder":154},{"sectionNumber":"128","sectionType":"section","heading":"Offence—person in child-related employment must","content":"128 Offence—person in child-related employment must\ndisclose charges\n(a) is engaged in child-related employment; and\n(b) is charged with a registrable offence; and\n(c) does not disclose the charge to the person’s employer within\n7 days after the day the person is charged with the registrable\noffence.\n\n","sortOrder":155},{"sectionNumber":"130","sectionType":"section","heading":"Offence—person must disclose charges if applying for","content":"130 Offence—person must disclose charges if applying for\nchild-related employment\n(1) A person commits an offence if—\n(a) a charge is pending against the person for a registrable offence;\nand\n(b) the person applies for child-related employment; and\n(c) the person does not disclose the charge to the person’s\nprospective employer when making the application.\n(2) A person commits an offence if—\n(a) the person has applied for child-related employment; and\n(b) the person is charged with a registrable offence while the\napplication is still current; and\n(c) the person does not disclose the charge to the person’s\nprospective employer within 7 days after the day the person is\ncharged with the registrable offence.\n","sortOrder":156},{"sectionNumber":"132","sectionType":"section","heading":"Offence—employer must keep information secret","content":"132 Offence—employer must keep information secret\nprotected information means information about a person that is\ndisclosed to an employer because of the person satisfying the person’s\nobligations under section 128, section 129, section 130 or\nsection 131.\n\n(2) An employer commits an offence if—\n(a) the employer—\n(b) the employer—\n(3) Subsection (2) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function as an employer.\ninformation about someone with the person’s consent.\n(5) Subsection (2) does not apply if the information is divulged for law\nenforcement functions or activities and then only to an entity\n(6) Subsection (2) does not apply if the information is divulged to a court\nin a legal proceeding or under an order of a court.\n\n(7) Subsection (2) does not apply if the information is divulged to a\nlawyer to obtain legal advice or representation relating to a matter\nunder this Act.\n\nPreliminary Part 5A.1\nChapter 5A Orders prohibiting offender\nconduct\n","sortOrder":157},{"sectionNumber":"132A","sectionType":"section","heading":"Definitions—ch 5A","content":"132A Definitions—ch 5A\napplication, for an order for a person under this chapter, includes an\napplication for the registration of a corresponding protection order.\nconduct includes a course of conduct.\ncorresponding prohibition order means an order made under a law\nof a foreign jurisdiction that substantially corresponds to a prohibition\nCYP director-general means the director-general of the\nadministrative unit responsible for the Children and Young People\nAct 2008.\nCYP director-general’s report means the report mentioned in\nsection 132C.\ndaily care responsibility—see the Children and Young People\nAct 2008, section 19.\ninterim prohibition order—see section 132H (Court may make\ninterim prohibition order).\nlong-term care responsibility—see the Children and Young People\nAct 2008, section 20.\nmake, an order for a person under this chapter, includes register a\ncorresponding prohibition order.\nparental responsibility, for a child or young person—see the\nChildren and Young People Act 2008, section 15.\n\nprohibition order—see section 132D (Court may make prohibition\norder).\nregistered corresponding prohibition order means a corresponding\nprohibition order registered under section 132N (Registration of\ncorresponding prohibition order—no amendment) or section 132P\n(Registration of corresponding prohibition order—with amendment).\nregistration notice—see section 132O (Notice of registration of\nunamended corresponding prohibition order).\nreturn date, for an application, means the day set by the Magistrates\nCourt for return of the application before the court.\n132AA Delegation\n(1) Despite any other territory law, the functions of the chief police\nofficer under this Act must not be delegated to anyone else.\n(2) However, the chief police officer may delegate to a deputy chief\npolice officer any of the chief police officer’s functions under chapter\n5A of this Act.\n(3) Not more than 4 delegations may be in force under this section at any\none time.\n\n","sortOrder":158},{"sectionNumber":"132B","sectionType":"section","heading":"Application for prohibition order","content":"132B Application for prohibition order\n(1) The chief police officer may apply to the Magistrates Court for a\nprohibition order for a person if the chief police officer believes on\nreasonable grounds that—\n(b) the person has engaged in conduct the nature or pattern of which\nposes a risk to the lives or sexual safety of 1 or more children,\nor of children generally; and\n1 loitering at or near a park fitted with playground equipment regularly\nused by children\n2 seeking employment or volunteer work that will involve the person\ncoming into contact with children, including, for example, door-to-door\nsales or collecting\n3 living near an education and care service or childcare centre\n4 boarding in a household with children under 16 years old\n(c) prohibiting the conduct stated in the application will reduce the\nrisk.\n(a) state each registrable offence for which the person has been\nfound guilty; and\n(b) state the particulars of the conduct the chief police officer\nbelieves the person has engaged in; and\n(c) state when the chief police officer believes the person engaged\nin the conduct; and\n\n(d) state the conduct of the person proposed to be prohibited under\nthe prohibition order, including the conditions (if any) sought by\nthe chief police officer; and\n(e) if the person is a young person—include a copy of the CYP\ndirector-general’s report for the person.\n(3) The application may state that the chief police officer is seeking an\ninterim prohibition order on the application.\n","sortOrder":159},{"sectionNumber":"132C","sectionType":"section","heading":"CYP director-general’s report","content":"132C CYP director-general’s report\n(1) This section applies if the chief police officer intends to apply to the\nMagistrates Court under section 132B for a prohibition order for a\nyoung person.\n(2) The chief police officer must ask the CYP director-general in writing\nfor a written report containing the director-general’s opinion on—\n(a) whether the nature or pattern of conduct the chief police officer\nbelieves the young person has engaged in poses a risk to the lives\nor sexual safety of 1 or more children, or of children generally;\nand\n(b) whether there are other reasonably appropriate ways of\nmanaging the young person; and\n(c) whether the prohibition of the proposed conduct of the young\nperson is reasonable having regard to the conduct mentioned in\nparagraph (a); and\n(d) what impact a prohibition order may have on the best interests\nof the young person, including the young person’s\naccommodation, educational, health, cultural, family or other\nsocial needs.\n(3) The report may contain any other information, assessments or reports\nthat the CYP director-general considers appropriate.\n\n(4) However, a report need not include protected information under the\nChildren and Young People Act 2008 about the young person.\nNote The CYP director-general may give protected information to the chief\npolice officer if the director-general is satisfied that the information is\nmaterially relevant to an investigation a police officer is carrying out (see\nChildren and Young People Act 2008, s 865A).\n(5) The CYP director-general must give the report to the chief police\nofficer within 28 days after the day the chief police officer requests\nthe report.\n","sortOrder":160},{"sectionNumber":"132D","sectionType":"section","heading":"Court may make prohibition order","content":"132D Court may make prohibition order\n(1) The Magistrates Court may, on application, make an order\n(a prohibition order) prohibiting a person from engaging in conduct\nif satisfied that—\n(b) the person has engaged in the conduct stated in the application\nfor the order; and\n(c) having regard to the nature or pattern of the conduct engaged\nin—\n(i) the person poses a risk to the lives or sexual safety of 1 or\nmore children, or of children generally; and\n(ii) the making of the order will reduce the risk; and\n(d) having regard to the matters mentioned in section 132E, the\norder is appropriate.\nNote For the kind of conduct the Magistrates Court may prohibit, see s 132F.\n\n(2) Also, the Magistrates Court may only make a prohibition order for a\nyoung person—\n(a) after considering the CYP director-general’s report for the\nyoung person; and\n(b) if satisfied that all other reasonably appropriate ways of\nmanaging the young person have been considered by the chief\npolice officer before the chief police officer applied for the\n(3) For subsection (1), it is not necessary for the Magistrates Court to\nidentify a risk to a particular child, particular children, or a particular\nclass of children.\n(4) The application for the order may be heard, and the order made, in\nthe person’s absence if the Magistrates Court is satisfied that the\nperson was served with the application under section 132Z (Service\nof applications).\n(5) If a person against whom a prohibition order is sought is already\nsubject to a prohibition order and no application has been made to\nrevoke the existing order, the Magistrates Court must, if it decides to\nmake the order—\n(a) revoke the existing order and replace it with a new order (which\nmay contain matters relating to the existing order); or\n(b) amend the existing order to include the matters in relation to\nwhich it has decided to make the order.\n(6) A failure to comply with subsection (5) does not affect the validity of\nan existing prohibition order or the new prohibition order.\n\n","sortOrder":161},{"sectionNumber":"132E","sectionType":"section","heading":"Matters court must consider before making prohibition","content":"132E Matters court must consider before making prohibition\norder\n(1) For section 132D (1) (d), the matters are as follows:\n(a) for each registrable offence for which the person is a registrable\noffender—\n(i) the seriousness of the offence; and\n(ii) the period since the offence was committed; and\n(iii) the person’s and victim’s ages when the person committed\nthe offence, and the difference in age between the person\nand victim;\n(b) the person’s present age;\n(c) the seriousness of the person’s criminal history;\n(d) whether the level of risk that the person may commit another\nregistrable offence outweighs the effect of the order on the\nperson;\n(e) the person’s circumstances, to the extent that they relate to the\nconduct sought to be prohibited;\n1 the person’s accommodation, employment, health, cultural and social\nneeds\n2 the need to integrate the person into the community\n(f) if the person is a young person—the person’s best interests,\nincluding the person’s educational needs and access to family\nmembers.\n(2) The Magistrates Court may have regard to anything else the court\nconsiders relevant.\n\ncriminal history, about a person, means—\n(a) a finding of guilt against the person for a registrable offence or\nrelevant offence; and\n(b) a charge made against the person for a registrable offence or\nrelevant offence, other than—\n(i) a charge that has been withdrawn, discontinued or\ndismissed; or\n(ii) a charge for an offence for which the person was acquitted\nor found guilty.\nfamily member—see the Children and Young People Act 2008,\nsection 13.\nrelevant offence means any of the following offences (whether\ncommitted in the ACT or elsewhere):\n(a) a sexual offence;\n(b) an offence against the person;\n(c) an offence involving violence;\n(d) an offence involving dishonesty or fraud;\n(e) an offence relating to property;\n(f) an offence relating to illegal drugs;\n(g) an offence against an animal;\n(h) any other offence the chief police officer considers relevant.\n\n","sortOrder":162},{"sectionNumber":"132F","sectionType":"section","heading":"Conduct that may be prohibited by prohibition order etc","content":"132F Conduct that may be prohibited by prohibition order etc\n(1) For section 132D (1) (Court may make prohibition order) or\nsection 132H (1) (Court may make interim prohibition order), the\nkind of conduct the Magistrates Court may prohibit includes the\n(a) associating with, or otherwise contacting, stated people or a\nstated kind of person;\ncorresponding with other registrable offenders\n(b) being in stated places or a stated kind of place;\nwithin 200m of a school between 7 am and 7 pm on school days\n(c) living at 1 or more stated premises, a stated kind of premises or\npremises at a stated place;\n1 a house where children under 16 years old live\n2 any premises that are within 200m of an education and care service or\nchildcare centre\n(d) engaging in stated behaviour;\ntaking photographs of children\n(e) being in stated employment, or a stated kind of employment,\nwhether paid or voluntary, that is likely to bring the person into\ncontact with children.\n1 door-to-door sales or collecting\n2 employment at a place that is within 200m of a school\n\n(2) The Magistrates Court—\n(a) may prohibit conduct absolutely or on the conditions it considers\nappropriate; and\n(b) must state the conduct and any conditions in the order.\n(3) If the Magistrates Court prohibits a person from engaging in conduct\nat or near a place and the person has personal property at the place,\nthe court must, if satisfied that it is necessary to do so, ensure that the\norder provides for the person to recover the person’s personal\nproperty from the place.\n","sortOrder":163},{"sectionNumber":"132G","sectionType":"section","heading":"Term of prohibition order","content":"132G Term of prohibition order\n(1) A prohibition order for a person takes effect—\n(a) if the person is before the Magistrates Court when the order is\nmade—when it is made; or\n(b) if the person is not before the Magistrates Court when the order\nis made—when a copy of the order is served on the person under\nsection 132ZC (Giving copy of order to person not before\ncourt).\n(2) The order remains in force for the term, not longer than the following,\nthat the Magistrates Court states in the order:\n(a) for a young person—\n(i) 1 year; or\n(ii) if the young person’s reporting period ends in less than\n1 year—the young person’s reporting period;\n(b) in any other case—\n(i) 5 years; or\n(ii) if the person’s reporting period ends in less than 5 years—\nthe person’s reporting period.\n\nInterim prohibition orders Part 5A.3\n","sortOrder":164},{"sectionNumber":"132H","sectionType":"section","heading":"Court may make interim prohibition order","content":"132H Court may make interim prohibition order\n(1) The Magistrates Court may make an order (an interim prohibition\norder) prohibiting a person from engaging in conduct if satisfied\n(b) having regard to the nature or pattern of conduct stated in the\napplication to have been engaged in by the person, the person\nposes a risk to the lives or sexual safety of 1 or more children,\nor of children generally; and\n(c) it is necessary to make the interim prohibition order to reduce\nthe risk until the application for the prohibition order is decided.\nNote For the kind of conduct the Magistrates Court may prohibit, see s 132F.\n(2) For subsection (1), it is not necessary for the Magistrates Court to\nidentify a risk to a particular child, particular children, or a particular\nclass of children.\n(3) The Magistrates Court may make an interim prohibition order—\n(a) only on an application for a prohibition order; and\n(b) at any time during the proceeding on the application for the\nprohibition order to which it relates.\n(4) The application for the prohibition order may be heard, and an interim\nprohibition order made, in the person’s absence if the Magistrates\nCourt is satisfied that the person was served with the application\nunder section 132Z (Service of applications).\n(5) If the Magistrates Court makes an interim prohibition order for a\nperson, the court must set another return date for the application for\nthe prohibition order for the person.\n\n","sortOrder":165},{"sectionNumber":"132I","sectionType":"section","heading":"Term of interim prohibition order","content":"132I Term of interim prohibition order\n(1) An interim prohibition order for a person takes effect—\n(a) if the person is before the Magistrates Court when the order is\nmade—when it is made; or\n(b) if the person is not before the Magistrates Court when the order\nis made—when a copy of the order is served on the person under\nsection 132ZC (Giving copy of order to person not before\ncourt).\n(2) The interim prohibition order remains in force until the earlier of—\n(a) the end of the relevant period for the order; and\n(b) 1 of the following:\n(i) if the Magistrates Court makes a prohibition order for the\nperson—the day the order takes effect;\n(ii) if the Magistrates Court decides not to make a prohibition\norder for the person—the day the court makes the decision;\n(iii) if the chief police officer discontinues the application for\nthe prohibition order for the person—the day the\napplication is discontinued;\n(iv) if the order is revoked by the court under section 132L\n(Court may amend or revoke prohibition order or interim\nprohibition order) or set aside (however described) on\nappeal—the day the order is revoked or set aside;\n(v) if a proceeding for a prohibition order is not started by the\nreturn date set by the court under section 132H (5) and the\ncourt does not extend the interim prohibition order under\nsection 132J—the return date;\n(vi) if the person’s reporting period ends before the relevant\nperiod ends—the day the reporting period ends.\n\nInterim prohibition orders Part 5A.3\nrelevant period, for an interim prohibition order, means—\n(a) 28 days; or\n(b) the period for which the order is extended under section 132J.\n","sortOrder":166},{"sectionNumber":"132J","sectionType":"section","heading":"Extending interim prohibition order if application for","content":"132J Extending interim prohibition order if application for\nprohibition order adjourned\n(1) This section applies in relation to an application for a prohibition\norder for a person if—\n(a) an interim prohibition order is in force for the person; and\n(b) the Magistrates Court adjourns the application; and\n(c) the interim prohibition order will end before the application is\ndecided.\n(2) The Magistrates Court may, on application by the chief police officer\nor on its own initiative, extend the interim prohibition order for not\nmore than 28 days.\n(3) The interim prohibition order may be extended in the person’s\nabsence if the Magistrates Court is satisfied that the person was\nserved with the application for the prohibition order under\nsection 132Z (Service of applications).\n\nPart 5A.4 Amending or revoking prohibition and interim prohibition orders\nPart 5A.4 Amending or revoking\nprohibition and interim\nprohibition orders\n","sortOrder":167},{"sectionNumber":"132K","sectionType":"section","heading":"Application to amend or revoke prohibition order or","content":"132K Application to amend or revoke prohibition order or\ninterim prohibition order\n(1) This section applies to a prohibition order or interim prohibition\norder for a person.\n(2) The person or chief police officer may apply to the Magistrates Court\nfor an order amending or revoking the order.\n(3) However, other than in relation to an order made in the person’s\nabsence, the person may only make an application under\nsubsection (2) with the Magistrates Court’s leave.\n(4) The Magistrates Court may grant the leave if satisfied that—\n(a) it is in the interests of justice, having regard to changes in the\nperson’s circumstances, or circumstances affecting the person,\nsince the prohibition or interim prohibition order was made or\nExamples—person’s circumstances\nthe person’s accommodation, employment, health, cultural or social needs\nExample—circumstances affecting person\nUnder a prohibition order, the person is prohibited from going within 200m\nof a stated education and care service or childcare centre, and the education\nand care service or childcare centre has closed down since the order was\nmade.\n\nAmending or revoking prohibition and interim prohibition orders Part 5A.4\n(b) it is appropriate on compassionate grounds, including having\nregard to the person’s culturally specific needs.\nto attend a relative’s funeral\n","sortOrder":168},{"sectionNumber":"132L","sectionType":"section","heading":"Court may amend or revoke prohibition order or interim","content":"132L Court may amend or revoke prohibition order or interim\n(1) The Magistrates Court may, on application, make an order amending\nor revoking a prohibition order or interim prohibition order.\n(2) In considering an order in relation to a prohibition order, the\nMagistrates Court must have regard to—\n(a) the matters mentioned in section 132D (Court may make\nprohibition order) to the extent the court that made the\nprohibition order was required to have regard to those matters;\nand\n(b) any changes in the person’s circumstances since the prohibition\norder was made or last amended by the court.\n(3) In considering an order in relation to an interim prohibition order, the\nMagistrates Court must have regard to—\n(a) the matters mentioned in section 132H (Court may make interim\nprohibition order) to the extent the court that made the interim\nprohibition order was required to have regard to those matters;\nand\n(b) any changes in the person’s circumstances since the interim\nprohibition order was made or last amended by the court.\n\nPart 5A.4 Amending or revoking prohibition and interim prohibition orders\n(4) An order amending a prohibition order or interim prohibition order\ntakes effect—\n(a) if the person is before the Magistrates Court when the amending\norder is made—when it is made; or\namending order is made—when a copy of the order is served on\nthe person under section 132ZC (Giving copy of order to person\nnot before court).\n(5) An order revoking a prohibition order or interim prohibition order\ntakes effect when it is made.\n\nPart 5A.5 Corresponding prohibition\norders\n","sortOrder":169},{"sectionNumber":"132M","sectionType":"section","heading":"Application for registration of corresponding prohibition","content":"132M Application for registration of corresponding prohibition\norder\n(1) The chief police officer may apply to the Magistrates Court for the\nregistration of a corresponding prohibition order for a person.\n(a) be accompanied by a copy of the corresponding prohibition\n(b) if the law of the foreign jurisdiction in which the order was made\nrequired the order to be served on the person—include evidence\nthat the corresponding prohibition order was served on the\nperson under that law; and\n(c) include details of any amendment sought for the corresponding\nprohibition order to operate effectively in the ACT.\nNote 1 If an application includes details in par (c), the Magistrates Court must\nset a return date for the hearing of the application (see s 132Y).\nNote 2 The chief police officer may delegate a function under this section (see\n\n","sortOrder":170},{"sectionNumber":"132N","sectionType":"section","heading":"Registration of corresponding prohibition order—no","content":"132N Registration of corresponding prohibition order—no\n(a) an application is made under section 132M for the registration\nof a corresponding prohibition order for a person; and\n(b) the application does not include details of amendment sought for\nthe corresponding protection order to operate effectively in the\nACT under section 132M (2) (c).\n(2) The Magistrates Court must register the corresponding prohibition\norder if the court is satisfied that—\n(b) the corresponding prohibition order is in force; and\n(c) if the law of the foreign jurisdiction in which the order was made\nrequired the order to be served on the person—the order was\nserved on the person under that law.\n(3) However, if the Magistrates Court considers that the corresponding\nprohibition order requires amendment to operate effectively in the\nACT, the court may, on its own initiative, deal with the application\nunder section 132P (Registration of corresponding prohibition\norder—with amendment).\nNote If the Magistrates Court considers the corresponding prohibition order\nrequires amendment to operate effectively in the ACT, the court must set\na return date for the hearing of the application (see s 132Y).\n","sortOrder":171},{"sectionNumber":"132O","sectionType":"section","heading":"Notice of registration of unamended corresponding","content":"132O Notice of registration of unamended corresponding\n(1) As soon as practicable after registering a corresponding prohibition\norder for a person under section 132N, the Magistrates Court must\ngive the chief police officer notice (a registration notice) that the\norder has been registered.\n\n(2) The chief police officer must personally serve a copy of the\nregistration notice on the person.\n(3) For a registered corresponding prohibition order for a young person,\nthe chief police officer must also personally serve a copy of the\nregistration notice on—\n(4) The police officer serving the copy of the registration notice must, as\nfar as practicable in the circumstances, explain to the person—\n(a) the purpose, terms and effect of the notice; and\n(b) any consequences that may follow if the person against whom\nthe corresponding prohibition order is made fails to comply with\nthe registered corresponding prohibition order.\n(5) The police officer must explain the matters mentioned in\nsubsection (4) in language likely to be readily understood by the\nperson.\n(6) A failure to comply with subsection (4) or (5) does not affect the\nvalidity of the registered corresponding prohibition order.\n\n","sortOrder":172},{"sectionNumber":"132P","sectionType":"section","heading":"Registration of corresponding prohibition order—with","content":"132P Registration of corresponding prohibition order—with\n(a) an application is made under section 132M (Application for\nregistration of corresponding prohibition order) for the\nregistration of a corresponding prohibition order for a person;\nand\n(b) either—\n(i) the application includes details of amendments sought for\nthe corresponding protection order to operate effectively in\nthe ACT under section 132M (2) (c); or\n(ii) the Magistrates Court decides, under section 132N (3)\n(Registration of corresponding prohibition order—no\namendment) to deal with the application under this section.\n(2) The application may be heard in the person’s absence if the\nMagistrates Court is satisfied that the person was served with the\napplication under section 132Z (Service of applications).\n(3) The Magistrates Court may make an order amending the\ncorresponding prohibition order for its registration in a way the court\nconsiders is necessary or desirable for its effective operation in the\nACT.\n(4) In considering an order under subsection (3), the Magistrates Court\nmust have regard to—\n(a) anything that must be considered under section 132D (Court\nmay make prohibition order) on an application for a prohibition\n(b) any changes in the person’s circumstances since the\ncorresponding prohibition order was made.\n\n(5) The Magistrates Court must register the corresponding prohibition\norder as amended under this section if the court is satisfied that—\n(b) the corresponding prohibition order is in force; and\n(c) if the law of the foreign jurisdiction in which the order was made\nrequired the corresponding prohibition order to be served on the\nperson—the order was served on the person under that law.\n","sortOrder":173},{"sectionNumber":"132Q","sectionType":"section","heading":"Term of registered corresponding prohibition order","content":"132Q Term of registered corresponding prohibition order\n(1) Registration of a corresponding prohibition order for a person under\nsection 132N (Registration of corresponding prohibition order—no\namendment) takes effect when the registration notice for the order is\nserved on the person.\n(2) Registration of a corresponding prohibition order for a person under\nsection 132P takes effect—\n(a) if the person is before the Magistrates Court when the\ncorresponding prohibition order as amended is registered—\nwhen it is registered; or\ncorresponding prohibition order as amended is registered—\nwhen a copy of the registered corresponding prohibition order is\nserved on the person under section 132ZC (Giving copy of order\nto person not before court).\n(3) A registered corresponding prohibition order is registered for the\nlesser of—\n(a) 5 years; and\n(b) the period during which the corresponding prohibition order, as\noriginally made, is in force.\n\n(4) However, if the person is a young person, the registered\ncorresponding prohibition order is registered for the lesser of—\n(a) 3 months; and\n(b) the period during which the corresponding prohibition order, as\noriginally made, is in force.\n","sortOrder":174},{"sectionNumber":"132R","sectionType":"section","heading":"Application to amend or cancel registration of registered","content":"132R Application to amend or cancel registration of registered\ncorresponding prohibition order\n(1) A person against whom a registered corresponding prohibition order\nis in force, or the chief police officer, may apply to the Magistrates\nCourt for an order amending or cancelling the registration of the\n(2) However, other than in relation to an order made in the person’s\nabsence, the person may only make an application under\nsubsection (1) with the court’s leave.\n(3) The Magistrates Court may grant the leave if satisfied that—\n(a) it is in the interests of justice, having regard to changes in the\nperson’s circumstances, or circumstances affecting the person,\nsince the corresponding prohibition order was made or last\namended by the court; or\nExamples—person’s circumstances\nthe person’s accommodation, employment, health, cultural or social needs\nExample—circumstances affecting person\nUnder a corresponding prohibition order, the person is prohibited from going\nwithin 200m of a stated education and care service or childcare centre, and\nthe education and care service or childcare centre has closed down since the\norder was made.\n\n(b) it is appropriate on compassionate grounds, including having\nregard to the person’s culturally specific needs.\nto attend a relative’s funeral\n","sortOrder":175},{"sectionNumber":"132S","sectionType":"section","heading":"Court may amend or cancel registration of registered","content":"132S Court may amend or cancel registration of registered\ncorresponding prohibition order\n(1) The Magistrates Court may, on application, make an order amending\nor cancelling the registration of a registered corresponding\nprohibition order.\n(2) In considering an order, the Magistrates Court must have regard to—\n(a) the matters mentioned in section 132D (Court may make\nprohibition order); and\n(b) any changes in the person’s circumstances since the registered\ncorresponding prohibition order was made or last amended by\nthe court.\n(3) An order amending a registered corresponding prohibition order takes\neffect—\n(a) if the person is before the Magistrates Court when the amending\norder is made—when it is made; or\namending order is made—when a copy of the order is served on\nthe person under section 132ZC (Giving copy of order to person\nnot before court).\n(4) An order cancelling the registration of a registered corresponding\nprohibition order takes effect when it is made.\n\n","sortOrder":176},{"sectionNumber":"132T","sectionType":"section","heading":"Definitions—pt 5A.6","content":"132T Definitions—pt 5A.6\nperson with a legal disability means—\n(a) a young person; or\n(b) a person with a mental disability.\nperson with a mental disability means a person who is not legally\ncompetent to be a party to a proceeding on an application for an order\nunder this chapter because of a mental or intellectual disability, and\nincludes such a person even if a disability guardian under the\nGuardianship and Management of Property Act 1991 has been\nappointed.\n","sortOrder":177},{"sectionNumber":"132U","sectionType":"section","heading":"Appointing litigation guardian for person with legal","content":"132U Appointing litigation guardian for person with legal\ndisability\n(1) This section applies in relation to a proceeding on an application for\nan order for a person (the relevant person) under this chapter if the\nMagistrates Court considers that the person is or may be a person with\na legal disability.\n(2) The following people may be appointed as a litigation guardian for\nthe relevant person:\n(a) an individual who is not a person with a legal disability;\n(b) the public advocate.\n(3) An individual is appointed under subsection (2) by filing with the\nMagistrates Court a statement—\n(a) about whether, to the best of the individual’s knowledge, the\nrelevant person has a guardian or manager, other than the\nindividual; and\n\nPeople with legal disabilities Part 5A.6\n(b) to the effect that the individual—\n(i) has no interest in the proceeding that is adverse to the\ninterests of the relevant person; and\n(ii) agrees to be appointed.\n(4) However, if the relevant person has a guardian or manager, other than\nthe individual, the individual may be appointed as the relevant\nperson’s litigation guardian only with the Magistrates Court’s leave.\n(5) For this section:\nguardian—see the Guardianship and Management of Property\nAct 1991, dictionary.\nmanager—see the Guardianship and Management of Property\nAct 1991, dictionary.\nNote Section 132X sets out what happens if a party with a legal disability does\nnot have a representative, or an appropriate or suitable representative.\n","sortOrder":178},{"sectionNumber":"132V","sectionType":"section","heading":"Functions of litigation guardian","content":"132V Functions of litigation guardian\n(1) This section applies if a litigation guardian has been appointed in a\nproceeding on an application for an order for a person under this\nchapter.\n(2) Anything that the person is allowed to do under this chapter may be\ndone by the person’s litigation guardian.\n(3) Anything that the person is required to do under this chapter must be\ndone by the person’s litigation guardian.\nNote The litigation guardian may not give the person’s evidence for the person\n(see Evidence Act 1995 (Cwlth), pt 3.2).\n(4) The person’s litigation guardian must do everything that is necessary\nin the proceeding to protect the person’s interests.\n\n","sortOrder":179},{"sectionNumber":"132W","sectionType":"section","heading":"Removal of litigation guardian","content":"132W Removal of litigation guardian\n(1) The Magistrates Court may, on application or its own initiative—\n(a) remove the litigation guardian of a person with a legal disability\nin a proceeding on an application for an order for the person\nunder this chapter; and\n(b) order that the proceeding be stayed until someone else has been\nappointed as litigation guardian in place of the person removed.\n(2) An applicant for an order under subsection (1) must, unless the\nMagistrates Court otherwise directs, serve notice of the application\non the person whose removal is sought and on the person with a legal\ndisability.\n(3) An application under subsection (1) may be made by a party to the\nproceeding or anyone else.\n","sortOrder":180},{"sectionNumber":"132X","sectionType":"section","heading":"Representation of parties with legal disability","content":"132X Representation of parties with legal disability\n(1) This section applies if a party to a proceeding on an application for\nan order for a person under this chapter—\n(a) is a person with a legal disability; and\n(b) does not have a representative, or an appropriate or suitable\nrepresentative.\n(2) The Magistrates Court may, on application or its own initiative—\n(a) adjourn the proceeding so the party can get representation; and\n(b) give the party the information necessary to allow the party to get\nrepresentation; and\n(c) tell the public advocate that the proceeding has been adjourned\nso the party can get representation.\n\nPart 5A.7 Other provisions about orders\nprohibiting offender conduct\n","sortOrder":181},{"sectionNumber":"132Y","sectionType":"section","heading":"Court sets return date","content":"132Y Court sets return date\n(1) This section applies to an application for an order for a person under\nthis chapter if a hearing will be held for the application.\nNote A hearing is not required to register a corresponding prohibition order\nwithout amendment (see s 132N).\n(2) On receiving the application, the Magistrates Court must—\n(a) enter the application into the court’s record; and\n(b) set a return date for the application; and\n(c) state the return date on the application and any copies of the\napplication for service.\n(3) The return date must be—\n(a) not later than 2 days after the day the application is made; or\n(b) not later than 10 days after the day the application is made if—\n(i) the chief police officer is not seeking an interim prohibition\norder on the application; and\n(ii) the Magistrates Court is satisfied that the longer time is\nnecessary to allow the person to be served with the\napplication.\n","sortOrder":182},{"sectionNumber":"132Z","sectionType":"section","heading":"Service of applications","content":"132Z Service of applications\n(1) This section applies to an application for an order for a person under\nthis chapter if a hearing will be held for the application.\nNote A hearing is not required to register a corresponding prohibition order\nwithout amendment (see s 132N).\n\n(2) A copy of the application must be—\n(a) personally served on the person; and\n(b) served on anyone else the court directs.\nNote For how orders may be served under par (b), see the Legislation Act,\npt 19.5.\n(3) If the application relates to an order for a young person, the\napplication must also be personally served on—\n(4) The application must be served as soon as practicable after—\n(a) if the return date set under section 132Y is not the day the\napplication is made—the day the application is made; or\n(b) if the return date set under section 132Y is the day the\napplication is made—the day the application has gone before the\nMagistrates Court and the court has set a further date for the\napplication’s return before the court.\n132ZA If personal service impractical or impossible\n(a) an application, order or other document must be personally\nserved on a person under this chapter; and\n(b) personal service of the application, order or document is not\nreasonably practicable.\n\n(2) The Magistrates Court may order that the application, order or\ndocument be served in the way, stated in the order, that the court\nconsiders is likely to bring the application, order or document to the\nattention of the person required to be served.\n132ZB Court may issue warrant for person’s arrest\n(a) an application for an order for a person under this chapter has\nbeen made to the Magistrates Court; and\n(b) a hearing will be held for the application; and\n(c) the court is satisfied that the person has been served with a copy\nof the application under section 132Z (Service of applications).\n(2) If the Magistrates Court considers it appropriate, the court may—\n(a) issue a warrant for the person to be arrested and brought before\nthe court; and\n(b) adjourn the hearing of the application until the person is brought\nbefore the court.\n132ZC Giving copy of order to person not before court\n(b) the person is not before the court when the order is made.\n(2) A police officer must personally serve on the person—\n(a) a copy of the order; and\n\n(b) if the order is a prohibition order or interim prohibition order—\na notice stating that, if a law of a foreign jurisdiction provides\nfor registration of the order in the jurisdiction, the order may be\nregistered in the jurisdiction.\n(3) A failure to comply with this section in relation to an order revoking\nan order, or cancelling the registration of a registered corresponding\nprohibition order, does not affect the validity of the order.\n132ZD Giving copy of order for young person etc\n(a) the Magistrates Court makes an order for a young person under\nthis chapter on hearing the application for the order; and\n(b) the order is likely to result in the young person needing to\nchange where the person lives.\n(2) The chief police officer must, as soon as practicable after the\nMagistrates Court makes the order, serve a copy of it on—\n(3) A failure to comply with this section does not affect the validity of\n\n132ZE Explaining orders if person before court\n(b) the person is before the court when the order is made.\n(2) For an order, other than an order revoking or cancelling an order, the\nMagistrates Court must explain to the person—\n(a) the purpose, terms and effect of the order; and\n(b) any consequences that may follow if the person fails to comply\nwith the order; and\n(c) that, if a law of a foreign jurisdiction provides for registration of\nthe order in the jurisdiction, the order may be registered in the\njurisdiction.\n(3) For an order revoking or cancelling an order, the Magistrates Court\nmust explain to the person the effect of the order.\n(4) The Magistrates Court must explain the matters mentioned in\nsubsection (2) or (3) in language likely to be readily understood by\nthe person.\n(5) A failure to comply with this section does not affect the validity of\n\n132ZF Explaining orders if person not before court\n(b) the person is not before the court when the order is made; and\n(c) the chief police officer is required to personally serve a copy of\nthe order on—\n(i) the person; or\n(ii) if the person is a young person—the person with parental\nresponsibility for the young person.\n(2) For an order, other than an order revoking or cancelling an order, the\npolice officer serving the copy of the order must, as far as is\npracticable in the circumstances, explain to the person—\n(a) the purpose, terms and effect of the order; and\n(b) any consequences that may follow if the person against whom\nthe order is made fails to comply with the order; and\n(c) that, if a law of a foreign jurisdiction provides for registration of\nthe order in the jurisdiction, the order may be registered in the\njurisdiction.\n(3) For an order revoking or cancelling an order, the police officer must,\nas far as is practicable in the circumstances, explain to the person the\neffect of the order.\n(4) The police officer must explain the matters mentioned in\nsubsection (2) or (3) in language likely to be readily understood by\nthe person.\n\n(5) A failure to comply with this section does not affect the validity of\n132ZG Proceedings for orders to be closed to public\n(1) This section applies in relation to a proceeding on an application for\nan order for a person (the relevant person) under this chapter.\n(2) The application must be heard in the absence of the public.\n(3) However, the Magistrates Court may, if it considers it appropriate,\norder that a person other than the relevant person, chief police officer\nor lawyer representing the relevant person or chief police officer may\nbe present.\n\n132ZH Offences—prohibition of publication of identity\n(1) A person commits an offence if the person—\n(a) publishes protected identity information about a protected\nperson in relation to a proceeding on an application for an order\nfor the person under this chapter; and\n(b) intentionally publishes the information.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) A person commits an offence if the person—\n(a) publishes protected identity information about a protected\nperson in relation to a proceeding on an application for an order\nfor the person under this chapter; and\n(b) is reckless about whether the information is protected identity\ninformation about the protected person.\n(3) It is a defence to a prosecution for an offence against this section if\nthe protected person—\n(a) is not a young person; and\n(b) consented to the publication of the protected identity\ninformation about himself or herself before the publication\nhappened.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (3) (see Criminal Code, s 59).\n\nOffences Part 5A.8\n(4) In this section:\nprotected identity information, about a protected person, means the\n(a) the person’s name;\n(b) information about the private, business or official address, email\naddress or telephone number of the person, or that would allow\nthose contact details to be worked out;\n(c) information that discloses the identity of the person, or would\nallow the identity of the person to be worked out.\nprotected person, in relation to a proceeding on an application for an\norder for a person under this chapter, means—\n(a) the person; or\n(b) a victim of a registrable offence committed by the person; or\n(c) a person mentioned in the proceeding as a person at risk\n(however described) because of conduct that is proposed to be,\nor is, prohibited under the order.\npublish means communicate or disseminate information in a way or\nto an extent that makes it available to, or likely to come to the notice\nof, the public or a section of the public or anyone else not lawfully\nentitled to the information.\nNote The Criminal Code includes an offence for publishing identifying\ninformation about children or young people the subject of a childrens\nproceeding (see s 712A).\n132ZI Offence—contravention of prohibition order etc\n(1) A person commits an offence if––\n(a) a prohibition order or interim prohibition order is in force for a\nperson; and\n(b) the person contravenes the order; and\n\n(c) the person is reckless about whether the person is contravening\n(2) Subsection (1) does not apply to a person if the person has a\nreasonable excuse for contravening the order.\nNote 1 The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\nNote 2 For the matters relevant to the defence of reasonable excuse under this\nsection, see s 132ZK.\n132ZJ Offence—contravention of registered corresponding\n(1) A person commits an offence if––\n(a) a registered corresponding prohibition order is in force for a\nperson; and\n(b) the person contravenes the registered corresponding prohibition\n(c) the person is reckless about whether the person is contravening\nthe registered corresponding prohibition order.\n(2) Subsection (1) does not apply to a person if the person has a\nreasonable excuse for contravening the registered corresponding\nprohibition order.\nmentioned in s (2) (see Criminal Code, s 58).\n\nOffences Part 5A.8\n132ZK Matters relevant to reasonable excuse defence\nIn deciding whether a person has a reasonable excuse for\ncontravening a prohibition order or interim prohibition order under\nsection 132ZI, or a registered corresponding prohibition order under\nsection 132ZJ, the court must have regard to the following:\n(a) the person’s age;\n(b) whether the person had, at the time of the contravention, a\ndisability that affected the person’s ability to understand, or to\ncomply with, the order;\n(c) whether the form of notice given to the person about the order\nwas adequate to tell the person about the person’s obligations\nunder the order, having regard to the person’s circumstances;\n\nPart 5A.9 Obtaining and disclosing\nparticular information\n132ZL Meaning of government agency—pt 5A.9\ngovernment agency means—\n(a) the public service; or\n(b) a public sector body; or\n(c) a territory instrumentality.\n132ZM Chief police officer may require information about person\n(1) This section applies if the chief police officer is considering making\nan application for an order for a person that may be made under this\nchapter.\n(2) The chief police officer may direct a government agency in writing\nto give the chief police officer any information—\n(a) held by the government agency; and\n(b) that the chief police officer considers to be reasonably necessary\nto assess whether the person poses a risk to the lives or sexual\nsafety of 1 or more children, or of children generally.\n(3) The direction must state the day by which the information must be\n(4) The government agency must give the chief police officer the\ninformation sought in the direction.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n\n(5) However, the government agency need not give personal health\ninformation in a health record under the Health Records (Privacy and\nAccess) Act 1997.\nNote 1 See the Health Records (Privacy and Access) Act 1997, privacy\nprinciple 10 for the limits on disclosure of personal health information.\nIn particular, a record keeper may disclose a personal health record if the\nrecord keeper believes on reasonable grounds that the disclosure is\nnecessary to prevent or lessen a serious and imminent risk to the life or\nphysical, mental or emotional health of someone.\nNote 2 The chief police officer may delegate a function under this section (see\n132ZN Chief police officer may give information about order to\nprescribed entities\n(1) The chief police officer may give a prescribed entity the following\ninformation about an order for a person under this chapter:\n(a) the person’s name and date of birth;\n(b) the term of the order;\n(c) the conduct by the person that the order prohibits;\n(d) anything else the chief police officer reasonably considers is\nnecessary to allow the prescribed entity to identify the person to\nensure the safety of—\n(i) a child or children in the prescribed entity’s care; or\n(ii) the person.\na photograph of the person\n(2) If the chief police officer gives information under this section about\nan order to a prescribed entity and the order is later amended or\nrevoked, or registration cancelled, the chief police officer must give\nthe prescribed entity written notice of the amendment, revocation or\ncancellation as soon as practicable.\n\n(3) In giving information to a prescribed entity under this section, the\nchief police officer must tell the entity, in writing, about the person’s\nobligations under section 132ZP (Offence—prescribed entities and\npeople with parental responsibility to keep information secret).\n(4) In this section:\nprescribed entity means an entity prescribed by regulation.\n132ZO Chief police officer may give information about order to\nperson with parental responsibility for child at risk\n(1) The chief police officer may give information about an order for a\nperson under this chapter to a person who has parental responsibility\nfor a child or children protected by the order.\n(2) However, the chief police officer must only give information under\nsubsection (1) if the officer considers on reasonable grounds that it is\nnecessary and appropriate to reduce a risk to the lives or sexual safety\nof the child or children.\n(3) In giving information to a person under this section, the chief police\nofficer must tell the person, in writing, about the person’s obligations\nunder section 132ZP (Offence—prescribed entities and people with\nparental responsibility to keep information secret).\n132ZP Offence—prescribed entities and people with parental\nresponsibility to keep information secret\n\nperson to whom this section applies means—\n(a) an entity to whom information (protected information) is given\nunder section 132ZN (Chief police officer may give information\nabout order to prescribed entities); or\n(b) a person to whom information (also protected information) is\ngiven under section 132ZO (Chief police officer may give\ninformation about order to person with parental responsibility\nfor child at risk).\n(2) A person to whom this section applies commits an offence if—\n(a) the person—\n(b) the person—\n\n(3) Subsection (2) does not apply if the record is made, or the protected\ninformation is divulged, under this Act or another territory law.\nmentioned in s (3) (see Criminal Code, s 58).\ninformation about a person by a prescribed entity to a staff member\nof the entity to allow the staff member to identify the person to ensure\nthe safety of—\n(a) a child or children in the entity’s care; or\n(b) the person.\nmentioned in s (4) (see Criminal Code, s 58).\n(5) Subsection (2) does not apply to the divulging of protected\ninformation about a person with the person’s consent.\nmentioned in s (5) (see Criminal Code, s 58).\n(6) Subsection (2) does not apply if the protected information is divulged\nfor law enforcement functions or activities and then only to an entity\nmentioned in s (6) (see Criminal Code, s 58).\n(7) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother territory law.\n\n132ZQ CYP director-general to be given information about\n(1) This section applies if the CYP director-general is asked for a CYP\ndirector-general’s report for a young person.\n(2) The CYP director-general may ask a government agency in writing\nto give the CYP director-general any information—\n(a) held by the government agency; and\n(b) relevant for the report.\n(3) The request must state the day by which the information is to be\n(4) The government agency must give the CYP director-general the\ninformation requested.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(5) However, the government agency need not give personal health\ninformation in a health record under the Health Records (Privacy and\nAccess) Act 1997.\nNote See the Health Records (Privacy and Access) Act 1997, privacy\nprinciple 10 for the limits on disclosure of personal health information.\nIn particular, a record keeper may disclose a personal health record if the\nrecord keeper believes on reasonable grounds that the disclosure is\nnecessary to prevent or lessen a serious and imminent risk to the life or\nphysical, mental or emotional health of someone.\n132ZR Certain material may be kept\n(1) This section applies if the following (the relevant material) has been\nobtained by the chief police officer in relation to an order for a person\nunder this chapter:\n(a) copies of documents;\n(b) fingerprints;\n\n(c) photographs.\n(2) The chief police officer may, during the person’s reporting period,\nkeep the relevant material for law enforcement, crime prevention or\nchild protection purposes.\n(3) At the end of the person’s reporting period, the chief police officer\nmust ensure that any item of relevant information is destroyed.\n\nAppeals to Supreme Court Part 5A.10\n132ZS Meaning of appealable decision—pt 5A.10\nappealable decision means a decision of the Magistrates Court to—\n(a) make or refuse to make a prohibition order; or\n(b) make or refuse to make an order amending or revoking a\nprohibition order; or\n(c) register or refuse to register a corresponding prohibition order,\nincluding an order amended under section 132P; or\n(d) make or refuse to make an order amending or cancelling the\nregistration of a registered corresponding prohibition order.\n132ZT Appeals to Supreme Court\n(1) A person may appeal to the Supreme Court against an appealable\ndecision if the person was a party to the proceeding in which the\ndecision was made.\n(2) The person must file a notice of appeal (the notice of appeal) with the\nSupreme Court not later than 21 days after—\n(a) if the appealable decision is the registration of a corresponding\nprohibition order under section 132N—the day the registration\nnotice is served on the person against whom the corresponding\nprohibition order is made; or\n(b) if the appealable decision is another order for a person under this\nchapter and the person was not before the court when the order\nwas made—the day the order was served on the person against\nwhom the order was made; or\n(c) in any other case—the day the appealable decision is made.\n\n(3) However, the Supreme Court may allow a person to file a notice of\nappeal after the period mentioned in subsection (2) if satisfied that it\nis appropriate to do so.\nNote See the Court Procedures Rules 2006, pt 5.3 (Appeals to Supreme Court).\n132ZU Powers of Supreme Court on appeal\nOn an appeal, the Supreme Court may—\n(a) confirm, reverse or amend the appealable decision appealed\nfrom; or\n(b) make the decision or order that, in all the circumstances, it\nconsiders appropriate; or\n(c) refuse to make an order; or\n(d) set aside the appealable decision appealed from, completely or\npartly, and remit the proceedings to the Magistrates Court for\nfurther hearing, subject to the directions the Supreme Court\nconsiders appropriate.\n\nNotification and review of decisions Chapter 5B\nChapter 5B Notification and review of\ndecisions\n132ZV Meaning of reviewable decision—ch 5B\nreviewable decision means a decision mentioned in schedule 3,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n132ZW Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice only to the person mentioned in\nschedule 3, column 4 in relation to the decision.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n132ZX Applications for review\nThe person mentioned in schedule 3, column 4 in relation to a\nreviewable decision may apply to the ACAT for review of the\ndecision.\n\n133 Approved forms\n(1) The director-general may approve forms for this Act.\n(2) If the director-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":183},{"sectionNumber":"133A","sectionType":"section","heading":"Offence—secrecy","content":"133A Offence—secrecy\nperson to whom this section applies means a person who exercises,\nor has exercised, a function under this Act.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\n(2) A person to whom this section applies commits an offence if—\n(a) the person—\n\n(b) the person—\n(3) Subsection (2) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law.\ninformation about someone with the person’s consent.\n(5) Subsection (2) does not apply if the information is divulged for law\nenforcement functions or activities and then only to an entity\n(6) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother territory law.\n\n","sortOrder":184},{"sectionNumber":"133B","sectionType":"section","heading":"Offence—failure to tell chief police officer about","content":"133B Offence—failure to tell chief police officer about\napplication to change offender’s name\n(1) A person commits an offence if the person—\n(a) applies under a relevant law to change the name of a registrable\n(b) fails to tell the chief police officer in writing about the\napplication not later than 2 days after the day the person makes\nthe application.\nrelevant law means—\n(a) the Births, Deaths and Marriages Registration Act 1997, part 3\n(Change of name); or\n(b) a law of a State or external territory that corresponds (or\nsubstantially corresponds) to the Births, Deaths and Marriages\nRegistration Act 1997, part 3.\n","sortOrder":185},{"sectionNumber":"134","sectionType":"section","heading":"Protection from liability","content":"134 Protection from liability\n(1) A person is not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act was in the exercise of a\nfunction under this Act.\nNote The dictionary defines act to include omission.\n(2) Any civil liability that would, apart from subsection (1), attach to a\nperson attaches instead to the Territory.\n\n","sortOrder":186},{"sectionNumber":"135","sectionType":"section","heading":"Effect of spent convictions","content":"135 Effect of spent convictions\n(1) The fact that an offence for which a registrable offender has been\nfound guilty becomes spent does not affect—\n(a) the status of the offence as a registrable offence for this Act for\nthe offender; or\n(b) a reporting obligation of the offender.\n(2) For this section, an offence becomes spent if, under a law in any\njurisdiction, the registrable offender is permitted to not disclose the\nfact that the person was convicted or found guilty of the offence.\n(3) This section does not limit the effect of the Spent Convictions\nAct 2000, section 11 (2) (Which convictions can become spent?).\n","sortOrder":187},{"sectionNumber":"136","sectionType":"section","heading":"Evidentiary certificates","content":"136 Evidentiary certificates\n(1) In a proceeding under this Act, a certificate signed by the chief police\nofficer, or a police officer holding a position designated in writing by\nthe chief police officer for this section, certifying that the child sex\noffenders register at a particular day contained information stated in\nthe certificate is evidence, and in the absence of evidence to the\ncontrary is proof, of the details stated in the certificate.\n(2) In a proceeding under this Act, a certificate signed by the chief police\nofficer, or a police officer holding a position designated in writing by\nthe chief police officer for this section, certifying that the child sex\noffenders register indicated that, during a particular period, a stated\nperson failed to provide information as required by this Act is\nevidence, and in the absence of evidence to the contrary is proof, of\nthe details stated in the certificate.\n(3) For this Act, a certificate that would be evidence under a\ncorresponding law that at a stated time, or during a stated period, a\nperson was required to report to a corresponding registrar under the\nAct is evidence, and in the absence of evidence to the contrary is\nproof, of the facts stated in the certificate.\n\n","sortOrder":188},{"sectionNumber":"137","sectionType":"section","heading":"Regulation-making power","content":"137 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) matters incidental to the making of reports under chapter 3\n(Reporting), including—\n(i) how a report must be made; and\n(ii) the verifying documentation or evidence to be provided in\nsupport of a report; and\n(iii) requiring that a report contain additional information to\nthat required by the chapter;\n(b) the form of, or the information to be included in, a notice or other\ndocument required to be given to registrable offenders;\n(c) how the child sex offenders register is to be established and\nmaintained, including how information is to be entered in the\nregister;\n(d) the exchange of information about registrable offenders between\nthe chief police officer and corresponding registrars of foreign\njurisdictions, including arrangements between the Territory and\nforeign jurisdictions for accessing information in the child sex\noffenders register and registers maintained under corresponding\nlaws;\n(e) requiring or permitting the chief police officer to remove\ninformation from the child sex offenders register;\n(f) telling registrable offenders about reporting obligations,\nincluding the following:\n(i) how the information is to be given to offenders;\n(ii) permitting the person telling an offender to ask the offender\nto acknowledge being given the notice;\n\n(iii) making special provision for telling offenders who are\nyoung people or who have disabilities or other special\nneeds;\n(iv) permitting or requiring an entity to be told about a\nregistrable offender’s status as a young person or person\nwith a disability or other special need, including to\nfacilitate notifying and reporting;\n(v) providing for notice to be given to a carer of, or a person\nnominated by, a registrable offender who may be unable to\nunderstand the offender’s reporting obligations or the\nconsequences of failing to comply with the reporting\nobligations;\n(vi) requiring an offender to be given additional information to\nthat required by this Act;\n(vii) requiring an entity to provide information to offenders\nabout their reporting obligations;\n(viii) requiring an entity to tell the chief police officer—\n(A) that an offender has left the custody or control of the\nentity; or\n(B) that the entity has given stated information to an\noffender; or\n(C) that, in the entity’s opinion, an offender does or does\nnot have the legal capacity to understand information;\n(ix) requiring an entity to give the chief police officer an\nacknowledgment by an offender of the receipt of a notice\nor other information that is held by the entity;\n(g) authorising the chief police officer to give directions about the\npolice stations that are to be used as a place for making reports;\n(h) providing that a police station is not to be used as a place for\nmaking reports without the consent of the chief police officer;\n\n(i) requiring an entity to create records for this Act and to keep the\nrecords;\n(j) prescribing a person as a prescribed corresponding offender for\nthis Act;\n(k) declaring that an order (however described) made under a\ncorresponding law is a corresponding child sex offender\nregistration order for this Act.\n(3) A regulation—\n(a) may provide for the exemption of people or things from a\nprovision of a regulation, whether unconditionally or on stated\nconditions, and either completely or to a stated extent; and\n(b) may create offences and fix maximum penalties of not more than\n20 penalty units for the offences.\n\nOffences against ACT legislation Part 1.1\n(see s 10 (2))\n","sortOrder":189},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Offences against ACT legislation","content":"Part 1.1 Offences against ACT legislation\nitem\n1 Crimes Act 1900,\nany offence\nthe offence involved sexual\nintercourse (as defined in the\nCrimes Act 1900, section 50)\nwith a child\n","sortOrder":190},{"sectionNumber":"2","sectionType":"section","heading":"Crimes Act 1900,","content":"2 Crimes Act 1900,\nsection 12 (2)\nmurder (a) the other person is a\nchild; and\n(b) the person committed\nthe murder in the course\nof, or immediately after,\nthe commission or\nattempted commission\nby the person (or an\naccomplice of the\nperson) of a class 1 or\nclass 2 offence against\nthe child\n3 Crimes Act 1900,\nsection 51 (1)\nfirst degree\n4 Crimes Act 1900,\nsection 51 (3)\nfirst degree\n\nPart 1.1 Offences against ACT legislation\nitem\n5 Crimes Act 1900,\nsection 52 (1)\n6 Crimes Act 1900,\nsection 52 (3)\n7 Crimes Act 1900,\nsection 53 (1)\n8 Crimes Act 1900,\nsection 53 (3)\n9 Crimes Act 1900,\nsection 55 (1)\n10 Crimes Act 1900,\nsection 55 (3)\n11 Crimes Act 1900,\nsection 55A (1)\nunder special care\n\nOffences against ACT legislation Part 1.1\nitem\n12 Crimes Act 1900,\nsection 56 (1)\npersistent sexual\nabuse of child or\nyoung person under\nspecial care\n13 Crimes Act 1900,\nsection 57\nact of indecency in\nthe first degree\n","sortOrder":191},{"sectionNumber":"14","sectionType":"section","heading":"Crimes Act 1900,","content":"14 Crimes Act 1900,\nsection 62 (1)\nincest and similar\noffences\n15 Crimes Act 1900,\nsection 62 (2)\nincest and similar\noffences\n16 an offence\nmentioned in\nitems 1 to 15 to\nwhich Crimes\nAct 1900,\nsection 72AA applies\naggravated\noffence—involving\nfamily violence\n\nPart 1.2 Offences against other legislation\nPart 1.2 Offences against other\nlegislation\nitem\n1 Commonwealth\nsection 270.5 (1) and\ncause child to enter into\nor remain in servitude\nthe service provided is a\n2 Commonwealth\nsection 270.5 (2) and\nconduct a business\ninvolving child\nservitude\nthe service provided is a\n3 Commonwealth\nCriminal Code\nsection 270.6 (1), as\nCrimes Legislation\nAmendment (Slavery,\nSlavery‑like\nConditions and\nPeople Trafficking)\nAct 2013 (Cwlth)\nsexual servitude the other person (as mentioned\nin that section) is a child\n4 Commonwealth\nCriminal Code\nsection 270.6 (2), as\nCrimes Legislation\nAmendment (Slavery,\nSlavery‑like\nConditions and\nPeople Trafficking)\nAct 2013 (Cwlth)\nsexual servitude the other person (as mentioned\nin that section) is a child\n\nOffences against other legislation Part 1.2\nitem\n5 Commonwealth\nsection 272.8 (1)\nsexual intercourse with\nchild outside Australia\n6 Commonwealth\nsection 272.8 (2)\ncause child to engage in\nsexual intercourse in\n7 Commonwealth\nsection 272.10\noffence against\nsection 272.8 or\nsection 272.9 involving\nchild with mental\nimpairment or under\ncare, supervision or\nauthority of defendant\n8 Commonwealth\nsection 272.11\npersistent sexual abuse\nof child outside\n9 Commonwealth\nsection 272.12\nsexual intercourse with\nyoung person outside\nAustralia by defendant\nin position of trust or\nauthority\n10 Commonwealth\nsection 272.18\nbenefit from offence\nCriminal Code, division\n11 Commonwealth\nsection 272.19\nencourage offence\nCriminal Code, division\n\nPart 1.2 Offences against other legislation\nitem\n12 any offence under a\nlaw of a foreign\njurisdiction that, if it\nhad been committed\nin the ACT, would\nhave been a class 1\n\nOffences against ACT legislation Part 2.1\n(see s 10 (3))\n","sortOrder":192},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Offences against ACT legislation","content":"Part 2.1 Offences against ACT legislation\nitem\n1 Crimes Act 1900,\nsection 58\nact of indecency in the\n2 Crimes Act 1900,\nsection 59\nact of indecency in the\n3 Crimes Act 1900,\nsection 61 (1)\n4 Crimes Act 1900,\nsection 61 (3)\n5 Crimes Act 1900,\nsection 61A (1)\nyoung person under\nspecial care\n\nPart 2.1 Offences against ACT legislation\nitem\n6 Crimes Act 1900,\nsection 63\nabduction (a) the other person (as\nsection) or the third\nperson (as mentioned\nin that section) is a\nchild; and\n(b) the person committed\nthe abduction in the\ncourse of, or\nimmediately after, the\ncommission or\nattempted commission\nby the person (or an\naccomplice of the\nperson) of a class 1 or\nclass 2 offence against\nthe child or the third\nperson\n7 Crimes Act 1900,\nsection 64 (1)\nusing child for\nproduction of child\netc\n8 Crimes Act 1900,\nsection 64 (3)\nusing child for\nproduction of child\netc\n9 Crimes Act 1900,\nsection 64A (1)\ntrading in child\n10 Crimes Act 1900,\nsection 65 (1)\npossessing child\n11 Crimes Act 1900,\nsection 66 (1)\nusing the internet etc to\ndeprave young person\n12 Crimes Act 1900,\nsection 66 (3)\nusing the internet etc to\ndeprave young person\n\nOffences against ACT legislation Part 2.1\nitem\n13 Sex Work Act 1992,\nsection 19 (2)\naccosting child for\nservices\n14 Sex Work Act 1992,\nsection 20 (1)\ncausing child under 12\nto provide commercial\nsexual services\n15 Sex Work Act 1992,\nsection 20 (3)\ncausing child 12 or\nolder to provide\nservices\n16 Sex Work Act 1992,\nsection 21 (1)\nproceeds of\nservices by child\n17 an offence\nmentioned in\nitems 1to 16 to\nwhich Crimes\nAct 1900,\nsection 72AA applies\naggravated offence—\ninvolving family\nviolence\n\nPart 2.2 Offences against other\nlegislation\nitem\n1 Commonwealth\nsection 270.7 and\ndeceptive recruiting for\nchild labour or services\nthe service to be provided is a\n2 Commonwealth\nsection 271.4 (1) or\n(2)\ntrafficking in children the first person (as mentioned\nin the subsection) intends or is\nreckless as to whether the\nother person (as mentioned in\nthe subsection) will be used to\nprovide sexual services or will\nbe otherwise exploited for\nsexual services\n3 Commonwealth\nsection 271.7\ndomestic trafficking in\nchildren\n4 Commonwealth\nsection 272.9 (1)\nsexual activity (other\nintercourse) with child\n5 Commonwealth\nsection 272.9 (2)\ncause child to engage\nin sexual activity (other\nintercourse) in\n6 Commonwealth\nsection 272.13 (1)\nsexual activity (other\nintercourse) with\nyoung person outside\nAustralia, and\ndefendant in position of\ntrust or authority\n\nitem\n7 Commonwealth\nsection 272.13 (2)\ncausing young person\nto engage in sexual\nactivity (other than\nsexual intercourse) in\noutside Australia, and\ndefendant in position of\ntrust or authority\n8 Commonwealth\nsection 272.14 (1)\nprocure child to engage\nin sexual activity\n9 Commonwealth\nsection 272.15 (1)\ngroom child for sexual\nactivity outside\n10 Commonwealth\nsection 272.20 (1)\nprepare or plan offence\nsection 272.8, 272.9,\n272.10, 272.11 or\n272.18\n11 Commonwealth\nsection 272.20 (2)\nprepare or plan offence\nsection 272.12 or\nsection 272.13\n12 Commonwealth\nsection 273.5 (1), as\nproduce, distribute or\n\nitem\n13 Commonwealth\nsection 273.6 (1)\nproduce, distribute or\nmaterial outside\n14 Commonwealth\nsection 273.7 (1)\nsection 273.6 on 3 or\nmore occasions, and\ninvolving 2 or more\npeople\n15 Commonwealth\nsection 273A.1\npossession of child-like\nsex dolls etc\n16 Commonwealth\nsection 471.16, as in\nforce from time to\nuse postal service for\nchild exploitation\nmaterial\n17 Commonwealth\nsection 471.17 (1), as\nfor use through postal\nservice\n\nitem\n18 Commonwealth\nsection 471.19\nuse postal service for\nchild abuse material\n19 Commonwealth\nsection 471.20 (1)\nmaterial for use\nthrough postal service\n20 Commonwealth\nsection 471.22 (1)\nsection 471.19 or\n471.20 on 3 or more\noccasions, and\ninvolving 2 or more\npeople\n","sortOrder":193},{"sectionNumber":"21","sectionType":"section","heading":"Commonwealth","content":"21 Commonwealth\nsection 471.24\nprocure sexual activity\nwith person under\n22 Commonwealth\nsection 471.25\ngroom person under\n16 years old for sexual\nactivity\n23 Commonwealth\nsection 471.26 (1)\nsend indecent material\nto person under\n\nitem\n24 Commonwealth\nsection 474.19 (1), as\nuse carriage service for\nchild exploitation\nmaterial\n25 Commonwealth\nsection 474.20 (1), as\nfor use through\ncarriage service\n","sortOrder":194},{"sectionNumber":"26","sectionType":"section","heading":"Commonwealth","content":"26 Commonwealth\nsection 474.22 (1)\nuse carriage service for\nchild abuse material\n","sortOrder":195},{"sectionNumber":"27","sectionType":"section","heading":"Commonwealth","content":"27 Commonwealth\nsection 474.22A (1)\npossess or control child\nobtained or accessed\n","sortOrder":196},{"sectionNumber":"28","sectionType":"section","heading":"Commonwealth","content":"28 Commonwealth\nsection 474.23 (1)\nmaterial for use\nthrough carriage\nservice\n\nitem\n29 Commonwealth\nsection 474.23A (1)\nconduct for the\npurposes of electronic\nservice used for child\nabuse material\n30 Commonwealth\nsection 474.24A (1)\nsection 474.22,\n474.22A or 474.23 on\n3 or more occasions,\nand involving 2 or\nmore people\n31 Commonwealth\nsection 474.25A (1)\nengage in sexual\nactivity with child\nunder 16 years old, and\nperson at least 18 years\nold\n","sortOrder":197},{"sectionNumber":"32","sectionType":"section","heading":"Commonwealth","content":"32 Commonwealth\nsection 474.25A (2)\ncause child under\n16 years old to engage\nin sexual activity with\nperson at least 18 years\nold\n","sortOrder":198},{"sectionNumber":"33","sectionType":"section","heading":"Commonwealth","content":"33 Commonwealth\nsection 474.25B (1)\nsection 474.25A (1) or\nsection 474.25A (2)\ninvolving child with\nmental impairment or\nunder care, supervision\nor authority of\ndefendant\n\nitem\n34 Commonwealth\nsection 474.26 (1),\n(2) or (3)\nto procure child\nunder 16\n35 Commonwealth\nsection 474.27 (1) (2)\nor (3)\nto ‘groom’ child\nunder 16\n36 Commonwealth\nsection 474.27AA (1)\n‘groom’ another person\nto make it easier to\nprocure child under\n37 Commonwealth\nsection 474.27A (1)\ntransmit indecent\ncommunication to\nperson under 16 years\nold\n38 Customs Act 1901\n(Cwlth),\nsection 233BAB (5)\nimport tier 2 goods the tier 2 goods are items of\nchild abuse material (see\ns 233BAB (1) (h))\n39 Customs Act 1901\n(Cwlth),\nsection 233BAB (6)\nexport tier 2 goods the tier 2 goods are items of\nchild abuse material (see\ns 233BAB (1) (h))\n40 any offence under a\nlaw of a foreign\njurisdiction that, if it\nhad been committed\nin the ACT, would\nhave been a class 2\n\nReviewable decisions Schedule 3\n","sortOrder":199},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 3 Reviewable decisions\n(see ch 5B)\nitem\nsection\ndecision\nperson\n1 11A (2) person should be\nprescribed\ncorresponding offender\nprescribed corresponding\n2 111 make unprotected\nregistrable offender\ndeclaration\nregistrable offender\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• adult\n• Australia\n• Australian driver licence\n• change\n• chief police officer\n• child\n• Commonwealth Criminal Code\n• Criminal Code\n• director-general (see s 163)\n• entity\n• external territory\n• fail\n• function\n• parent\n• police officer\n• prescribed\n• public service\n• public sector body\n• reviewable decision notice\n• State\n• territory instrumentality.\nact includes omission.\nappealable decision, for part 5A.10 (Appeals to Supreme Court)—\nsee section 132ZS.\n\napplication, for an order for a person, for chapter 5A (Orders\napproved reporting place, for a registrable offender, for a report—\nsee section 64.\napproved way, for the making of a report—see section 63.\nchild-related employment, for chapter 5 (Registrable offenders\nprohibited from child-related employment)—see section 124.\nchild sex offender registration order, in relation to a person—see\nsection 14.\nchild sex offenders register—see section 117.\nclass 1 offence—see section 10 (2).\nclass 2 offence—see section 10 (3).\ncommunity service order means a community service order within\nthe meaning of the Crimes (Sentencing) Act 2005, section 13 (7)\n(Good behaviour orders).\nconduct, for chapter 5A (Orders prohibiting offender conduct)—see\nsection 132A.\ncontact person—see section 33.\ncorresponding child sex offender registration order means an order\n(however described)—\n(a) made under a corresponding law; and\n(b) prescribed by regulation for this definition.\ncorresponding law means a law, or a provision of a law, of a foreign\njurisdiction that—\n(a) provides for people who have committed particular offences to\nreport in that jurisdiction information about themselves and to\nkeep that information current for a time; or\n(b) is prescribed by regulation for this definition.\n\ncorresponding prohibition order, for chapter 5A (Orders prohibiting\ncorresponding registrable offence means an offence that is a\nregistrable offence for a corresponding law but is not a registrable\noffence under this Act.\ncorresponding registrar, for a foreign jurisdiction, means the entity\nexercising functions under the corresponding law of the jurisdiction\nthat corresponds, or most closely corresponds, to the functions of the\nchief police officer under this Act.\ncourt includes a court (however described) of a foreign jurisdiction.\nCYP director-general, for chapter 5A (Orders prohibiting offender\nconduct)—see section 132A.\nCYP director-general’s report, for chapter 5A (Orders prohibiting\ndaily care responsibility, for chapter 5A (Orders prohibiting offender\nconduct)—see the Children and Young People Act 2008, section 19.\ndisability—see Discrimination Act 1991, section 5AA (1).\nemployment, for chapter 5 (Registrable offenders prohibited from\nchild-related employment)—see section 123.\nengaged, in child-related employment, for chapter 5 (Registrable\noffenders prohibited from child-related employment)—see\nsection 125.\nentry and search warrant, for part 3.11—see section 116B.\nexecuting officer, of an entry and search warrant, for part 3.11 (Entry\nand search warrants)—see section 116B.\nfingerprints includes fingerscan.\nfingerscan means fingerprints taken using a device to obtain a record\nof the fingerprints.\nfinding of guilt—see section 7.\n\nforeign jurisdiction means a jurisdiction other than the ACT\n(including a jurisdiction outside Australia).\nforensic patient—see the Public Trustee and Guardian Act 1985,\nsection 19B (2).\ngovernment agency, for part 5A.9 (Obtaining and disclosing\nparticular information)—see section 132ZL.\ngovernment custody means custody, whether in the ACT or\nelsewhere—\n(a) under a sentence of imprisonment; or\n(b) as a detainee under the Corrections Management Act 2007; or\n(c) as a forensic patient; or\n(d) under a corresponding law in the nature of custody mentioned\nin paragraph (a), (b) or (c), however described.\nin person—a person does a thing in person at a place only if the\nperson does the thing by personally attending at the place.\nExamples of things not done in person\na person making a report by telephone or email\ninterim prohibition order, for chapter 5A (Orders prohibiting\noffender conduct)—see section 132H (Court may make interim\nprohibition order).\nlong-term care responsibility, for chapter 5A (Orders prohibiting\noffender conduct)—see the Children and Young People Act 2008,\nsection 20.\nmake, an order for a person under this chapter, for chapter 5A (Orders\noccupier, of premises, for part 3.11 (Entry and search warrants)—see\nsection 116B.\noffensive weapon, for part 3.11 (Entry and search warrants)—see the\nCrimes Act 1900, dictionary.\n\nparental responsibility, for a child or young person, for chapter 5A\n(Orders prohibiting offender conduct)—see the Children and Young\nPeople Act 2008, section 15.\nparole means parole under the Crimes (Sentence Administration)\nAct 2005, and includes an equivalent order (however described) made\nunder a foreign law.\nperson assisting, in relation to an entry and search warrant, for\npart 3.11 (Entry and search warrants)—see section 116B.\npersonal details, for a registrable offender—see s 59.\npersonal information means information about an individual whose\nidentity is apparent, or can reasonably be found out, from the\ninformation.\nperson with a legal disability, for part 5A.6 (People with legal\ndisabilities)—see section 132T.\nperson with a mental disability, for part 5A.6 (People with legal\ndisabilities)—see section 132T.\nperson with parental responsibility, for a young person—means a\nperson who has parental responsibility for the young person under the\nChildren and Young People Act 2008, division 1.3.2.\npremises, for part 3.11 (Entry and search warrants)—see\nsection 116B.\nprescribed corresponding offender—see section 11.\nprevious offender, for div 2.2.3 (Orders for certain previous\noffenders)—see section 18A.\nprohibition order, for chapter 5A (Orders prohibiting offender\nconduct)—see section 132D (Court may make prohibition order).\nprotected registrable offender—see section 110.\nprotected registrable offender declaration—see section 111 (a).\n\npublic official, for part 3.11 (Entry and search warrants)—see the\nCriminal Code, section 300.\nregistered corresponding prohibition order, for chapter 5A (Orders\nregistrable offence—see section 10.\nregistrable offender—see section 8 and section 9.\nregistration notice, for chapter 5A (Orders prohibiting offender\nconduct)—see section 132O (Notice of registration of unamended\ncorresponding prohibition order).\nrelevant time, for a report by a registrable offender in a year—see\nsection 37 (3).\nreporting obligation—see section 19.\nreporting obligation provision—see section 20.\nreporting obligations notice—see section 103.\nreporting period, for a registrable offender, means the period, worked\nout under part 3.5 (Reporting period), during which the offender must\ncomply with the offender’s reporting obligations.\nreturn date, for an application, for chapter 5A (Orders prohibiting\nreviewable decision, for chapter 5B (Notification and review of\ndecisions)—see section 132ZV.\nsame incident—offences arise from the same incident only if they\nare committed within a single period of 24 hours and are committed\nagainst the same person.\nsentence means—\n(a) when used as a noun—the penalty imposed for an offence; or\n(b) when used as a verb—to impose a penalty for an offence;\nand includes a finding of guilt mentioned in section 7 (1) (c) or (e).\n\nsupervising authority, for a person, means the entity declared by\nregulation to be the person’s supervising authority.\nsuspension order—see section 96.\ntravel details, for travel by a registrable offender—see section 42 (2).\nunprotected registrable offender declaration—see section 111 (b).\nwitness protection program—see the Witness Protection Act 1996,\ndictionary.\nyoung person means a person who is not yet an adult.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCrimes (Child Sex Offenders) Act 2005 A2005-30\nnotified LR 29 June 2005\ns 1, s 2 commenced 29 June 2005 (LA s 75 (1))\nremainder commenced 29 December 2005 (s 2 and LA s 79)\nas amended by\nPublic Advocate Act 2005 A2005-47 sch 1 pt 1.3 (as am by A2006-3\namdt 1.8)\nnotified LR 2 September 2005\ns 1, s 2 commenced 2 September 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 March 2006 (s 2 (1) as am by A2006-3\namdt 1.8)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.11\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.11 commenced 29 December 2005 (LA s 79A and see\nA2005-30)\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.8\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.8 commenced 23 February 2006 (s 2)\nNote This Act only amends the Public Advocate Act 2005 A2005-47\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.8\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.8 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.8\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.8 commenced 16 November 2006 (s 2 (1))\n\nLegislation history 3\nTraining and Tertiary Education Legislation Amendment Act 2007\nA2007-12 sch 1 pt 1.7\nnotified LR 13 June 2007\ns 1, s 2 commenced 13 June 2007 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 July 2007 (s 2 and CN2007-3)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.6, sch 3 pt 3.7, sch 4 pt 4.8\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.6 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 3 pt 3.7 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.8 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.19\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.19 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.26\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.26 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nCrimes (Child Sex Offenders) Amendment Act 2010 A2010-45\nnotified LR 24 November 2010\ns 1, s 2 commenced 24 November 2010 (LA s 75 (1))\nremainder commenced 25 November 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.41\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.41 commenced 1 July 2011 (s 2 (1))\n\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.15\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.15 commenced 12 December 2011 (s 2)\nCrimes (Child Sex Offenders) Amendment Act 2012 A2012-20\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nremainder commenced 13 September 2012 (s 2 and CN2012-15)\nCrimes Legislation Amendment Act 2012 A2013-12 pt 3\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 3 commenced 24 April 2013 (s 2)\nCrimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 5\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75)\npt 5 commenced 10 December 2013 (s 2 (2))\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.7\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.7 commenced 20 November 2014 (s 2)\nCrimes (Sentencing) Amendment Act 2014 A2014-58 sch 1 pt 1.1\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\nsch 1 pt 1.1 commenced 5 December 2014 (s 2)\nCrimes (Child Sex Offenders) Amendment Act 2015 A2015-35\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75 (1))\nremainder commenced 2 October 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.15\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.15 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\n\nLegislation history 3\nCrimes (Serious and Organised Crime) Legislation Amendment Act\n","sortOrder":200},{"sectionNumber":"2016","sectionType":"section","heading":"A2016-48 pt 5","content":"2016 A2016-48 pt 5\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\npt 5 commenced 24 August 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.16\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.16 commenced 1 September 2016 (s 2)\nCrimes Legislation Amendment Act 2017 (No 2) A2017-9 pt 2\nnotified LR 5 April 2017\ns 1, s 2 commenced 5 April 2017 (LA s 75 (1))\npt 2 commenced 6 April 2017 (s 2)\nProstitution Amendment Act 2018 A2018-25 sch 1 pt 1.2\nnotified LR 8 August 2018\ns 1, s 2 commenced 8 August 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 9 August 2018 (s 2)\nCrimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 4\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\npt 4 commenced 8 November 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.9\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.9 commenced 22 November 2018 (s 2 (1))\nRoyal Commission Criminal Justice Legislation Amendment Act 2020\nA2020-31 sch 1 pt 1.1\nnotified LR 29 July 2020\ns 1, s 2 commenced 29 July 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2020 (s 2 and CN2020-17)\nCrimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 2\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\npt 2 commenced 12 August 2021 (s 2 (1))\n\nCrimes (Policing) Legislation Amendment Act 2022 A2022-2 pt 2\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\npt 2 commenced 31 March 2022 (s 2 (1))\nFamily Violence Legislation Amendment Act 2022 A2022-13 sch 1\npt 1.2\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 1 pt 1.2 commenced 17 August 2022 (s 2)\nCrimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.3\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\nsch 2 pt 2.3 commenced 13 September 2023 (s 2)\nCrimes Legislation Amendment Act 2024 (No 2) A2024-16 pt 4\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 4 commenced 26 April 2024 (s 2)\nEducation and Care Services National Law (ACT) Amendment\nAct 2024 A2024-33 sch 1 pt 1.3\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.3 commenced 11 July 2024 (s 2 (1))\nCrimes (Child Sex Offenders) Amendment Act 2025 A2025-4\nnotified LR 14 March 2025\ns 1, s 2 commenced 14 March 2025 (LA s 75 (1))\nremainder commenced 14 June 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.24, sch 4\npt 4.46\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.24, sch 4 pt 4.46 commenced 16 November 2025 (s 2 (1),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2006-42 amdt 3.27\nPurpose and outline\ns 6 am A2012-20 s 4, s 5; pars renum R17 LA; A2015-35 s 4, s 5\nMeaning of finding of guilt\ns 7 am A2006-23 amdts 1.80-1.83; A2008-20 amdt 4.21,\namdt 4.22; pars renum R12 LA; A2023-33 amdt 2.10\nRegistrable offender—exceptions\ns 9 am A2006-23 amdt 1.84, amdt 1.85; A2008-20 amdt 4.23,\namdt 4.24; pars renum R12 LA; A2015-35 s 6, s 7; ss renum\nR23 LA\n(1) (a) (i) note, (6) exp 3 June 2021 (s 9 (6))\nam A2021-18 s 4; ss renum R34 LA; A2023-33 amdt 2.11;\nA2025-29 amdt 3.67\nWho is a prescribed corresponding offender?\ns 11 sub A2016-48 s 17\nChief police officer to decide if certain people prescribed corresponding\noffenders\ns 11A ins A2016-48 s 17\nam R28 LA (see also A2018-42 amdt 3.33)\nChild sex offender registration orders—generally\ndiv 2.2.1 hdg ins A2015-35 s 8\nWhat is a child sex offender registration order?\ns 14 sub A2015-35 s 8\nOrders for offenders guilty of offence other than class 1 or class 2 offence\ndiv 2.2.2 hdg ins A2015-35 s 8\nCourt may only make order with sentence\ns 17 am A2008-20 amdt 4.25\nOrders for certain previous offenders\ndiv 2.2.3 hdg ins A2015-35 s 9\nMeaning of previous offender—div 2.2.3\ns 18A ins A2015-35 s 9\nApplication for child sex offender registration order in relation to previous\ns 18B ins A2015-35 s 9\n\nCourt may make child sex offender registration order in relation to previous\ns 18C ins A2015-35 s 9\nMatters court must consider before making registration order in relation to\nprevious offender\ns 18D ins A2015-35 s 9\nKeeping documents connected with order\ns 18E ins A2015-35 s 9\nWhat is a reporting obligation?\ns 19 am A2022-2 s 5\nWhat is a reporting obligation provision?\ns 20 am A2012-20 s 6\nnote 2 exp 13 September 2013 (s 205)\nsub A2022-2 s 6\nOffence—offender in ACT at commencement of Act must report\ns 21 exp 29 December 2007 (s 21 (2))\nOffender in custody at commencement of Act must report\ns 22 am A2012-20 s 30\nOffender must report after sentencing\ns 23 am A2012-20 s 7, s 8, s 30\nOffender entering ACT must report\ns 24 am A2012-20 s 30\nPrescribed corresponding offender must report\ns 25 am A2012-20 s 30\nOffender later sentenced for registrable offence must report\ns 28 am A2012-20 s 30\nOffender who later becomes prescribed corresponding offender must report\ns 29 am A2012-20 s 30\nOffender whose reporting suspension ceases must report\ns 30 am A2012-20 s 30\nOffender entering ACT must make contact\ns 34 am A2012-20 s 30\nsub A2022-2 s 9\n\nOffender must report annually\ns 37 hdg sub A2022-2 s 10\ns 37 am A2012-20 s 30\nsub A2015-35 s 10\nam A2022-2 s 11; ss renum R35 LA\nException—offender in government custody\ns 38 am A2015-35 s 11\nException—offender outside ACT\ns 39 am A2015-35 s 12\nOffender leaving ACT must report travel details\ns 42 am A2012-20 s 30\nsub A2022-2 s 12\nDefence—impracticable to report 7 days before leaving\ns 43 am A2022-2 s 13\nOffender not to be punished twice for failing to report travel\ns 44 sub A2022-2 s 14\nOffender outside ACT must report travel details\ns 45 am A2012-20 s 30\nOffender outside ACT must report change of travel details\ns 46 am A2012-20 s 30\nOffender must report return to ACT\ns 47 am A2012-20 s 9, s 30\nOffender must report decision not to leave ACT\ns 48 am A2012-20 s 30\nOffender must report regular travel\ns 49 am A2012-20 s 30\nOffender in ACT must report change of details\ns 54 am A2012-20 ss 10-12, s 30; A2013-50 s 10; A2015-35 s 13,\ns 14\nam A2025-29 amdt 3.68\nOffender returning to ACT must report change of details\ns 55 am A2012-20 s 13, s 30\nam A2025-29 amdt 3.68\n\nOffender leaving custody must report\ns 56 am A2012-20 s 30\nFailing to report\ndiv 3.3.4 hdg ins A2022-2 s 17\nOffence—fail to report as required\ns 58A ins A2022-2 s 17\nWhat are personal details?\ns 59 am A2012-20 ss 14-16; A2015-35 s 15; A2023-33 amdt 2.12\nMeaning of some concepts in s 59\ns 60 am A2012-20 s 17\nMeaning of employment in s 59\ns 61 am A2022-2 s 18, s 19; pars renum R35 LA\nOffence—offender reporting in person must provide identification etc\ns 70 am A2012-20 s 30; A2022-2 ss 20-22\nOffence—person reporting in person for offender must provide identification\ns 71 am A2012-20 s 30; A2022-2 ss 23-25\nOffender reporting in person may be fingerprinted to confirm identity\ns 75 am A2008-28 amdt 3.74\nOffence—offender must allow fingerprinting\ns 77 am A2012-20 s 30\nPhotographing offender\ns 78 sub A2015-35 s 16\nOrder allowing use of force for photographing offender\ns 78A ins A2015-35 s 16\nRight to privacy when being photographed\ns 79 am A2015-35 s 17, s 18; ss renum R23 LA\nRight to have support person when being photographed\ns 80 am A2015-35 s 19\nWhen reporting period begins\ns 83 am A2012-20 s 18; A2014-58 amdt 1.1\nsub A2015-35 s 20\nReporting period for prescribed corresponding offenders\ns 94 am A2016-48 s 18; A2018-42 amdt 3.34\nWhat is a reporting obligations notice?\ns 103 am A2022-2 s 26\n\nReporting obligations notice to be given when person becomes registrable\ns 104 am A2012-20 s 19; pars renum R17 LA\nSupervising authority to tell chief police officer of certain events\ns 108 am A2006-23 amdt 1.86, amdt 1.87\n(1) (c) note, (4) exp 3 June 2011 (s 108 (4))\nam A2012-20 s 20; pars renum R17 LA\nProtected and unprotected registrable offender declarations\ns 111 am A2016-48 s 19\nReview of unprotected registrable offender declaration\ns 112 am A2008-37 amdt 1.101\nChief police officer must tell offender about ACAT review\ns 113 sub A2008-37 amdt 1.102\nACAT review of chief police officer’s decision\ns 114 sub A2008-37 amdt 1.102\nWhen protected and unprotected registrable offender declarations take\neffect\ns 115 am A2008-37 amdt 1.103; A2016-48 s 21\nReasonable steps to comply with reporting obligations\npt 3.9 hdg om A2022-2 s 27\nHow court decides if person took all reasonable steps to comply with\nreporting obligations\ns 116 om A2022-2 s 27\nFailure to comply with reporting obligations—public notices\npt 3.10 hdg ins A2015-35 s 21\nChief police officer may issue public notice in certain circumstances\ns 116A ins A2015-35 s 21\nEntry and search warrants\npt 3.11 hdg ins A2015-35 s 21\nPreliminary\ndiv 3.11.1 hdg ins A2015-35 s 21\nDefinitions—pt 3.11\ns 116B ins A2015-35 s 21\ndef entry and search warrant ins A2015-35 s 21\ndef executing officer ins A2015-35 s 21\ndef occupier ins A2015-35 s 21\nam A2025-29 amdt 3.69\n\ndef offensive weapon ins A2015-35 s 21\ndef person assisting ins A2015-35 s 21\ndef premises ins A2015-35 s 21\ndef public official ins A2015-35 s 21\nEntry and search warrants—general\ndiv 3.11.2 hdg ins A2015-35 s 21\nEntry and search warrant—application\ns 116C ins A2015-35 s 21\nam A2017-9 s 4; A2018-40 ss 6-8\nApplication for entry and search warrant—supporting information\ns 116D ins A2015-35 s 21\nEntry and search warrant—remote application\ns 116E ins A2015-35 s 21\nEntry and search warrant—deciding application\ns 116F ins A2015-35 s 21\nContent of entry and search warrant\ns 116G ins A2015-35 s 21\nWhat an entry and search warrant may authorise\ns 116H ins A2015-35 s 21\nam A2018-40 s 9, s 14; A2025-29 amdt 3.70\nWhat an entry and search warrant may authorise\ns 116I ins A2015-35 s 21\nam A2018-40 s 10, s 11\nRevocation of entry and search warrant\ns 116J ins A2015-35 s 21\nam A2018-40 ss 12-14\nExecuting entry and search warrants\ndiv 3.11.3 hdg ins A2015-35 s 21\nUse of force and availability of assistance in executing entry and search\nwarrant\ns 116K ins A2015-35 s 21\nAnnouncement before entry\ns 116L ins A2015-35 s 21\nDetails of warrant to be given to occupier etc\ns 116M ins A2015-35 s 21\n\nOccupier entitled to be present during search etc\ns 116N ins A2015-35 s 21\nUse of equipment to examine or process things\ns 116O ins A2015-35 s 21\nUse of electronic equipment at premises\ns 116P ins A2015-35 s 21\nOrder requiring registrable offender to assist with access to data etc\ns 116Q ins A2015-35 s 21\nDamage etc to be minimised\ns 116R ins A2015-35 s 21\nCompensation\ns 116S ins A2015-35 s 21\nSeized things\ndiv 3.11.4 hdg ins A2015-35 s 21\nCopies of seized things to be provided\ns 116T ins A2015-35 s 21\nReceipt for things seized\ns 116U ins A2015-35 s 21\nReturn or destruction of things seized\ns 116V ins A2015-35 s 21\nApplication for order disallowing seizure\ns 116W ins A2015-35 s 21\nForfeiture and disposal of seized things\ns 116X ins A2015-35 s 21\nMiscellaneous\ndiv 3.11.5 hdg ins A2015-35 s 21\nOffence—refusal of entry to premises\ns 116Y ins A2015-35 s 21\nAdmissibility of evidence\ns 116Z ins A2015-35 s 21\nEstablishment of child sex offenders register\ns 117 am A2012-20 s 21; pars renum R17 LA\nAccess to information about protected witnesses restricted\ns 119 am A2006-42 amdt 3.28\nOffence—secrecy\ns 121 reloc and renum as s 133A\n\nOrder for removal of registrable offender—application by chief police officer\ns 122A ins A2015-35 s 22\nNotice to victim of proposed application for order\ns 122B ins A2015-35 s 22\nOrder for removal of registrable offender who was young offender at time of\noffence—application by offender\ns 122C ins A2015-35 s 22\nam A2016-48 s 22; ss renum R25 LA; am R28 LA (see also\nA2018-42 amdt 3.35)\nWhat is child-related employment?\ns 124 am A2007-12 amdt 1.11, amdt 1.12; A2008-20 amdt 2.17,\namdt 4.26; A2014-48 amdt 1.15, amdt 1.16; A2024-33\namdt 1.4, amdt 1.5; A2025-4 s 5, s 6; pars renum R40 LA\nOffence—person in child-related employment at commencement of Act must\ndisclose charges\ns 129 exp 29 December 2006 (s 129 (2))\nOffence—person must disclose charges pending at commencement of Act if\napplying for child-related employment\ns 131 exp 29 December 2006 (s 131 (2))\nOrders prohibiting offender conduct\nch 5A hdg ins A2012-20 s 23\nPreliminary\npt 5A.1 hdg ins A2012-20 s 23\nDefinitions—ch 5A\ns 132A ins A2012-20 s 23\ndef application ins A2012-20 s 23\ndef conduct ins A2012-20 s 23\ndef corresponding prohibition order ins A2012-20 s 23\ndef CYP director-general ins A2012-20 s 23\ndef CYP director general’s report ins A2012-20 s 23\ndef daily care responsibility ins A2012-20 s 23\ndef interim prohibition order ins A2012-20 s 23\ndef long-term care responsibility ins A2012-20 s 23\ndef make ins A2012-20 s 23\ndef parental responsibility ins A2012-20 s 23\ndef prohibition order ins A2012-20 s 23\ndef registered corresponding prohibition order ins\nA2012-20 s 23\ndef registration notice ins A2012-20 s 23\ndef return date ins A2012-20 s 23\nDelegation\ns 132AA ins A2013-50 s 11\n\nProhibition orders\npt 5A.2 hdg ins A2012-20 s 23\nApplication for prohibition order\ns 132B ins A2012-20 s 23\nam A2013-50 s 12; A2024-33 amdt 1.6\nCYP director-general’s report\ns 132C ins A2012-20 s 23\nCourt may make prohibition order\ns 132D ins A2012-20 s 23\nMatters court must consider before making prohibition order\ns 132E ins A2012-20 s 23\nConduct that may be prohibited by prohibition order etc\ns 132F ins A2012-20 s 23\nam A2024-33 amdt 1.6\nTerm of prohibition order\ns 132G ins A2012-20 s 23\nInterim prohibition orders\npt 5A.3 hdg ins A2012-20 s 23\nCourt may make interim prohibition order\ns 132H ins A2012-20 s 23\nTerm of interim prohibition order\ns 132I ins A2012-20 s 23\nExtending interim prohibition order if application for prohibition order\nadjourned\ns 132J ins A2012-20 s 23\nAmending or revoking prohibition and interim prohibition orders\npt 5A.4 hdg ins A2012-20 s 23\nApplication to amend or revoke prohibition order or interim prohibition order\ns 132K ins A2012-20 s 23\nam A2013-50 s 12; A2024-33 amdt 1.7\nCourt may amend or revoke prohibition order or interim prohibition order\ns 132L ins A2012-20 s 23\nCorresponding prohibition orders\npt 5A.5 hdg ins A2012-20 s 23\n\nApplication for registration of corresponding prohibition order\ns 132M ins A2012-20 s 23\nRegistration of corresponding prohibition order—no amendment\ns 132N ins A2012-20 s 23\nNotice of registration of unamended corresponding prohibition order\ns 132O ins A2012-20 s 23\nRegistration of corresponding prohibition order—with amendment\ns 132P ins A2012-20 s 23\nTerm of registered corresponding prohibition order\ns 132Q ins A2012-20 s 23\nApplication to amend or cancel registration of registered corresponding\ns 132R ins A2012-20 s 23\nam A2013-50 s 12; A2024-33 amdt 1.7\nCourt may amend or cancel registration of registered corresponding\ns 132S ins A2012-20 s 23\nPeople with legal disabilities\npt 5A.6 hdg ins A2012-20 s 23\nDefinitions—pt 5A.6\ns 132T ins A2012-20 s 23\ndef person with a legal disability ins A2012-20 s 23\ndef person with a mental disability ins A2012-20 s 23\nAppointing litigation guardian for person with legal disability\ns 132U ins A2012-20 s 23\nFunctions of litigation guardian\ns 132V ins A2012-20 s 23\nRemoval of litigation guardian\ns 132W ins A2012-20 s 23\nRepresentation of parties with legal disability\ns 132X ins A2012-20 s 23\nOther provisions about orders prohibiting offender conduct\npt 5A.7 hdg ins A2012-20 s 23\nCourt sets return date\ns 132Y ins A2012-20 s 23\nService of applications\ns 132Z ins A2012-20 s 23\n\nIf personal service impractical or impossible\ns 132ZA ins A2012-20 s 23\nCourt may issue warrant for person’s arrest\ns 132ZB ins A2012-20 s 23\nGiving copy of order to person not before court\ns 132ZC ins A2012-20 s 23\nGiving copy of order for young person etc\ns 132ZD ins A2012-20 s 23\nExplaining orders if person before court\ns 132ZE ins A2012-20 s 23\nExplaining orders if person not before court\ns 132ZF ins A2012-20 s 23\nProceedings for orders to be closed to public\ns 132ZG ins A2012-20 s 23\nOffences\npt 5A.8 hdg ins A2012-20 s 23\nOffences—prohibition of publication of identity\ns 132ZH ins A2012-20 s 23\nOffence—contravention of prohibition order etc\ns 132ZI ins A2012-20 s 23\nOffence—contravention of registered corresponding prohibition order\ns 132ZJ ins A2012-20 s 23\nMatters relevant to reasonable excuse defence\ns 132ZK ins A2012-20 s 23\nObtaining and disclosing particular information\npt 5A.9 hdg ins A2012-20 s 23\nMeaning of government agency—pt 5A.9\ns 132ZL ins A2012-20 s 23\nam A2016-52 amdt 1.54\nChief police officer may require information about person\ns 132ZM ins A2012-20 s 23\nChief police officer may give information about order to prescribed entities\ns 132ZN ins A2012-20 s 23\n\nChief police officer may give information about order to person with parental\nresponsibility for child at risk\ns 132ZO ins A2012-20 s 23\nOffence—prescribed entities and people with parental responsibility to keep\ninformation secret\ns 132ZP ins A2012-20 s 23\nCYP director-general to be given information about young person\ns 132ZQ ins A2012-20 s 23\nCertain material may be kept\ns 132ZR ins A2012-20 s 23\nAppeals to Supreme Court\npt 5A.10 hdg ins A2012-20 s 23\nMeaning of appealable decision—pt 5A.10\ns 132ZS ins A2012-20 s 23\nAppeals to Supreme Court\ns 132ZT ins A2012-20 s 23\nPowers of Supreme Court on appeal\ns 132ZU ins A2012-20 s 23\nNotification and review of decisions\nch 5B hdg ins A2016-48 s 23\nMeaning of reviewable decision—ch 5B\ns 132ZV ins A2016-48 s 23\nReviewable decision notices\ns 132ZW ins A2016-48 s 23\nam A2025-29 amdt 4.46\nApplications for review\ns 132ZX ins A2016-48 s 23\nam A2025-29 amdt 4.46\nApproved forms\ns 133 am A2006-42 amdt 3.29; A2011-22 amdt 1.122; A2025-29\namdt 4.46\nOffence—secrecy\ns 133A (prev s 121) reloc and renum as s 133A A2012-20 s 22\nOffence—failure to tell chief police officer about application to change\noffender’s name\ns 133B ins A2012-20 s 24\n\nRegulation-making power\ns 137 am A2011-52 amdt 3.61; A2025-29 amdt 4.46\nConsequential amendments\nch 7 hdg om LA s 89 (3)\nLegislation amended—sch 3\ns 138 om LA s 89 (3)\nTransitional—Crimes (Child Sex Offenders) Amendment Act 2012\nch 10 hdg ins A2012-20 s 25\nMeaning of reporting offence\ns 200 ins A2012-20 s 25\nDefinitions—ch 10\ns 201 ins A2012-20 s 25\ndef affected registrable offender ins A2012-20 s 25\ndef commencement day ins A2012-20 s 25\ndef periodic detention period ins A2012-20 s 25\nReporting obligations notice to be given\ns 202 ins A2012-20 s 25\nOffence—affected registered offender must report\ns 203 ins A2012-20 s 25\nWhen reporting period begins for affected registrable offender\ns 204 ins A2012-20 s 25\nExpiry—ch 10 etc\ns 205 ins A2012-20 s 25\nOffences against ACT legislation\nsch 1 pt 1.1 am A2013-12 s 16; items renum R18 LA; A2020-31 amdt 1.1\nA2022-13 amdt 1.2; A2024-16 s 8\nOffences against other legislation\nsch 1 pt 1.2 am A2010-45 s 4, s 5; items renum R13 LA; A2012-20 s 26;\nA2023-33 amdt 2.13, amdt 2.25; A2024-16 s 9; items renum\nR38 LA; A2025-29 amdt 3.71\n\nOffences against ACT legislation\nsch 2 pt 2.1 am A2013-12 s 17; items renum R18 LA; A2015-35 s 23;\nA2018-25 amdt 1.2; A2024-16 s 10\nOffences against other legislation\nsch 2 pt 2.2 am A2005-60 amdt 1.51; items renum R1 LA (see A2005-60\namdt 1.52); A2010-45 ss 6-8; items renum R13 LA; A2012-20\ns 27; A2015-35 s 24, s 25; A2021-18 s 5; items renum R34\nLA; A2023-33 amdts 2.14-2.22, amdt 2.25; items renum R37\nLA; A2024-16 ss 11-17; items renum R38 LA; A2025-29\namdt 3.71\nReviewable decisions\nsch 3 om LA s 89 (3)\nins A2016-48 s 24\ndict am A2008-37 amdt 1.104; A2011-22 amdt 1.123; A2012-20\ns 28; A2016-52 amdt 1.55, amdt 1.56; A2018-42 amdt 3.36;\nA2025-29 amdt 3.72\ndef appealable decision ins A2012-20 s 29\ndef application ins A2012-20 s 29\ndef child sex offender registration order sub A2015-35 s 26\ndef community service order am A2006-23 amdt 1.88\nsub A2008-20 amdt 4.27\n(a) note exp 3 June 2011 (s 108 (4))\nam A2023-33 amdt 2.23\ndef conduct ins A2012-20 s 29\ndef corresponding prohibition order ins A2012-20 s 29\ndef CYP director-general ins A2012-20 s 29\ndef CYP director-general’s report ins A2012-20 s 29\ndef daily care responsibility ins A2012-20 s 29\ndef detainee om A2006-23 amdt 1.89\ndef entry and search warrant ins A2015-35 s 27\ndef executing officer ins A2015-35 s 27\ndef forensic patient sub A2005-47 amdt 1.8; A2016-13\namdt 1.49\ndef government agency ins A2012-20 s 29\ndef government custody am A2006-23 amdt 1.90\ndef interim prohibition order ins A2012-20 s 29\ndef long-term care responsibility ins A2012-20 s 29\ndef make ins A2012-20 s 29\ndef occupier ins A2015-35 s 27\nam A2025-29 amdt 3.73\ndef offender’s reporting month om A2015-35 s 28\ndef offensive weapon ins A2015-35 s 29\ndef parental responsibility ins A2012-20 s 29\ndef parole sub A2006-23 amdt 1.91\nam A2023-33 amdt 2.24\n\ndef person assisting ins A2015-35 s 29\ndef person with a legal disability ins A2012-20 s 29\ndef person with a mental disability ins A2012-20 s 29\ndef person with parental responsibility am A2008-20\namdt 3.16\ndef premises ins A2015-35 s 29\ndef previous offender ins A2015-35 s 29\ndef prohibition order ins A2012-20 s 29\ndef public official ins A2015-35 s 29\ndef recognised foreign reporting period om A2018-42\namdt 3.37\ndef registered corresponding prohibition order ins\nA2012-20 s 29\ndef registration notice ins A2012-20 s 29\ndef relevant time ins A2015-35 s 29\ndef reporting obligation provision ins A2022-2 s 28\ndef reporting offence om A2022-2 s 29\ndef reporting offence provision om A2022-2 s 29\ndef reviewable decision ins A2018-42 amdt 3.38\ndef return date ins A2012-20 s 29\ndef travel details am A2022-2 s 30\ndef witness protection program am A2006-42 amdt 3.30\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n29 Dec 2005\n29 Dec 2005–\n28 Feb 2006\nA2005-60 new Act and\namendments by\nA2005-60\n1 Mar 2006\n1 Mar 2006–\nA2006-3 amendments by\nA2005-47 as\namended by\nA2006-3\n2 June 2006–\n15 Nov 2006\nA2006-23 amendments by\nA2006-23\n16 Nov 2006\n16 Nov 2006–\n29 Dec 2006\nA2006-42 amendments by\nA2006-42\n30 Dec 2006\n30 Dec 2006–\nA2006-42 commenced expiry\n1 July 2007–\n29 Dec 2007\nA2007-12 amendments by\nA2007-12\n30 Dec 2007\n30 Dec 2007–\n25 Aug 2008\nA2007-12 commenced expiry\n26 Aug 2008\n26 Aug 2008–\n8 Sept 2008\nA2008-28 amendments by\nA2008-28\n9 Sept 2008\n9 Sept 2008–\n26 Oct 2008\n27 Oct 2008\n27 Oct 2008–\n1 February\n2 Feb 2009\n2 Feb 2009–\n26 Feb 2009\nA2008-37\n\nEarlier republications 5\nfor\n27 Feb 2009\n27 Feb 2009–\n24 Nov 2010\nR13*\n25 Nov 2010\n25 Nov 2010–\nA2010-45 amendments by\nA2010-45\n4 June 2011–\nA2010-45 expiry of provisions\n1 July 2011–\n11 Dec 2011\nA2011-22 amendments by\nA2011-22\n12 Dec 2011\n12 Dec 2011–\n12 Sept 2012\nA2011-52 amendments by\nA2011-52\n13 Sept 2012\n13 Sept 2012–\n23 Apr 2013\nA2012-20 amendments by\nA2012-20\n24 Apr 2013\n24 Apr 2013–\n13 Sept 2013\nA2013-12 amendments by\nA2013-12\n14 Sept 2013\n14 Sept 2013–\n9 Dec 2013\nA2013-12 expiry of\ntransitional\nprovisions (ch 10)\n10 Dec 2013\n10 Dec 2013–\n19 Nov 2014\nA2013-50 amendments by\nA2013-50\n20 Nov 2014\n20 Nov 2014–\n4 Dec 2014\nA2014-48 amendments by\nA2014-48\n5 Dec 2014\n5 Dec 2014–\n1 Oct 2015\nA2014-58 amendments by\nA2014-58\n2 Oct 2015\n2 Oct 2015–\nA2015-35 amendments by\nA2015-35\n1 Apr 2016\n1 Apr 2016–\n23 Aug 2016\nA2016-13 amendments by\nA2016-13\n24 Aug 2016\n24 Aug 2016–\n31 Aug 2016\nA2016-48 amendments by\nA2016-48\n1 Sept 2016\n1 Sept 2016–\n5 Apr 2017\nA2016-52 amendments by\nA2016-52\n6 Apr 2017\n6 Apr 2017–\n8 Aug 2018\nA2017-9 amendments by\nA2017-9\n\nfor\n9 Aug 2018\n9 Aug 2018–\n7 Nov 2018\nA2018-25 amendments by\nA2018-25\n8 Nov 2018\n8 Nov 2018–\n21 Nov 2018\nA2018-40 amendments by\nA2018-40\n22 Nov 2018\n22 Nov 2018–\n31 Aug 2020\nA2018-42 amendments by\nA2018-42\n1 Sept 2020\n1 Sept 2020–\n5 Jan 2021\nA2020-31 amendments by\nA2020-31\n6 Jan 2021\n6 Jan 2021–\nA2020-31 includes editorial\namendments under\nLegislation Act\n4 June 2021–\n11 Aug 2021\nA2020-31 expiry of provisions\n12 Aug 2021\n12 Aug 2021–\n30 Mar 2022\nA2021-18 amendments by\nA2021-18\n31 Mar 2022\n31 Mar 2022–\n16 Aug 2022\nA2022-2 amendments by\nA2022-2\n17 Aug 2022\n17 Aug 2022–\n12 Sept 2023\nA2022-13 amendments by\nA2022-13\nR37 (RI)\n29 Sept 2023\n13 Sept 2023–\n25 Apr 2024\nA2023-33 amendments by\nA2023-33\nreissued for textual\ncorrection in sch 2\npt 2.2\n26 Apr 2024\n26 Apr 2024–\nA2024-16 amendments by\nA2024-16\n11 July 2024–\nA2024-33 amendments by\nA2024-33\n14 June 2025–\n15 Nov 2025\nA2025-4 amendments by\nA2025-4\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":201}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act’s core purpose in s 6 is registration, reporting and employment restrictions for people convicted of child‑related sexual offences. Subsequent additions and amendments have substantially broadened operational scope beyond a basic registration model: (1) an extensive interlocking prohibition‑order regime giving courts power to prohibit particular conduct (ch 5A, ins. A2012-20), (2) detailed entry/search and electronic‑device access powers to verify reporting and investigate breaches (Part 3.11, ins. A2015-35), (3) public‑notice powers and expanded information‑sharing provisions with prescribed entities and parents (s 116A; ss 132ZN–132ZO), (4) formal recognition/registration of foreign orders and corresponding foreign reporting regimes (s 11; ss 132M–132Q), and (5) employer‑secrecy and disclosure offences that create an employer‑facing compliance regime (ch 5, ss 128–132). Together these additions convert the Act from a registration/reporting statute into a multi‑faceted enforcement and inter‑agency information regime. The changes are concrete and structural (court orders, warrant powers, cross‑border recognition, secrecy offences), not merely administrative refinements (see ch 5A; Part 3.11; s 117; ss 118–120)."},"complexity_factors":["Lengthy Act spanning multiple chapters and schedules (Preliminary, Offender scope, Reporting, Register, Employment prohibitions, Prohibition orders and warrants, Miscellaneous) — many interlocking parts","Large number of defined terms and cross‑references (dictionary plus references to Criminal Code, Children and Young People Act, Witness Protection Act, Telecommunications Act, Online Safety Act, Commonwealth Criminal Code, etc.)","Many conditional rules and nested exceptions (e.g. protected registrable offenders, young persons, government custody, suspended reporting obligations) scattered through Part 3 and Part 5A","Complex reporting regime with dozens of distinct reporting triggers and methods (initial reports, annual, travel reporting, change of details, returning to ACT, corresponding foreign‑law reporting) — see ss 22–56","Multiple reporting periods and aggregated rules for calculating length (single class 1/2, multiple offences, young offender reductions, custody/parole extensions, foreign corresponding periods) — Part 3.5 (ss 83–94)","Entry/search and electronic access regime with detailed procedural safeguards, timing limits, powers to seize/copy/require assistance, and admissibility limits — Part 3.11 (ss 116B–116X)","New substantive civil/criminal order regime (prohibition orders, interim orders, registration of foreign orders) with distinct filing, notice, service and appeal pathways — ch 5A (ss 132B–132S, 132Y–132ZU)","Cross‑jurisdiction mechanisms (recognition/registration of foreign orders and foreign reporting obligations) requiring interaction with external authorities and certificates","Numerous offence and penalty provisions with strict liability and evidentiary burdens (ss 58A, 70–71, 77, 116Y, 132ZI–ZJ, 133A)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a register of people convicted of certain sexual offences involving children (the child sex offenders register) and requires many of those people to give detailed personal information to police, keep it up to date and report travel. (ch 4, s 117; ch 3)\n\n- Sets out who must register (\"registrable offenders\"): people sentenced for specified \"class 1\" or \"class 2\" offences, people subject to a court registration order, and certain people who must report under comparable foreign regimes. (s 8, s 10, s 11)\n\n- Requires initial and ongoing reporting of personal details (name, addresses, children in household or with whom they have unsupervised contact, employment, vehicle details, internet identifiers, passport details, tattoos, prior related findings/orders, custody periods, travel plans). Reporting may be in person at approved places or by other regulated methods. (Part 3.4, ss 59–63)\n\n- Specifies how long reporting lasts depending on the offence(s): from 4 or 8 years up to 15 years, or life for multiple/serious offences; includes special rules for young offenders and for custody/parole. (Part 3.5, ss 84–94)\n\n- Creates criminal offences and penalties for failing to report, failing to provide identification or fingerprints when required, refusing lawful entry under a warrant, and for contravening court prohibition orders. (ss 58A, 70–77, 116Y, 132ZI)\n\n- Gives police powers to seek and execute entry-and-search warrants to verify reported information, to access electronic devices, and to require assistance to access data (including court orders to compel help). (Part 3.11, ss 116C–116Q)\n\n- Allows courts to make \"child sex offender registration orders\" in certain cases and gives police a route to apply for registration orders in relation to past offenders. (ss 14–18C)\n\n- Prohibits registrable offenders from applying for, or engaging in, child-related employment and creates disclosure obligations for people employed or applying for such work. Employers who improperly record or divulge protected information face penalties. (ch 5, ss 124–132)\n\n- Introduces a separate system of prohibition orders (and interim orders) that the Magistrates Court can make to stop particular conduct judged to pose a risk to children (for example, being in specified places, associating with particular people, living at certain premises, taking photographs of children, or doing specific kinds of employment). The chief police officer can apply for these orders; detailed procedural safeguards and appeal rights are provided. (ch 5A, ss 132B–132G, 132H–132J, 132ZS–132ZU)\n\n- Restricts access to register information (including special protection for people in witness protection), allows police to share order information with prescribed entities or parents where necessary for child safety, and creates secrecy offences for unauthorised disclosure. (ss 118–120, 110–115, 132ZN–132ZP, s 133A)\n\nWhy the law says it matters (official rationale and how it maps to the mechanics)\n\n- The Act states its purposes as (1) keeping police informed of whereabouts and facilitating investigation/prosecution, (2) preventing registrable offenders working in child‑related roles, and (3) allowing courts to prohibit conduct that risks children's lives or sexual safety. (s 6)\n\n- Mechanics that implement those purposes: a searchable register (s 117), regular reporting (Part 3), criminal sanctions for non‑compliance (s 58A), employment bans and disclosure rules (ch 5), prohibition orders (ch 5A), and information‑sharing powers (ss 132ZN–132ZO). Police and courts are the primary decisionmakers enforcing and supervising these functions.\n\nWho is affected and who pays\n\n- Who is required to act: people found guilty of specified child‑sex offences (including some overseas convictions), people subject to court registration orders, and certain foreign-reporting offenders. (ss 8, 10, 11)\n- Who decides: courts (Magistrates Court and Supreme Court in appeal/suspension contexts), the chief police officer (register operation, certain discretionary listings, and applications), and the CYP director-general for young‑person reports. (ch 4, ch 5A; ss 11A, 132C)\n- Who bears the costs: registrable offenders bear compliance costs (time to report, possible loss of employment opportunities, identity verification requirements). Police and courts bear administrative and enforcement costs (maintaining the register, processing reports, applying for and executing warrants, litigating prohibition orders). Prescribed entities (schools, care services) may incur administrative costs when receiving information or implementing protections.\n\nPurpose‑claims tested against costs, incentives and trade‑offs\n\n- Enforcement and investigation trade‑off: the Act increases police information and powers (detailed personal, travel and electronic identifiers; Part 3.4 and Part 3.11). That improves the capacity to locate people, check compliance and investigate offences, but increases police data management burden and raises privacy‑risk and oversight demands (see ss 82, 118 and s 133A). Implementation risk: secure storage, correct disclosure controls and auditing are necessary to avoid misuse.\n\n- Behavioural incentives and private costs: reporting and publicity rules create incentives for offenders to remain traceable (report travel, change of address, internet identifiers). That can reduce access to child‑related settings but also imposes ongoing compliance costs on offenders (time, identity documents, possible fingerprinting/photography—ss 70–78). Employers must handle disclosure and secrecy obligations (ss 128–132), creating record‑keeping and legal‑risk costs for organisations that engage with applicants.\n\n- Concentrated vs diffuse effects: benefits (reduced investigation time, targeted orders) accrue mainly to law enforcement, certain institutions and victims; costs are concentrated on registrable offenders and on employers obliged to record/disclose protected information. The Act creates sanctions for employers who misuse protected information (s 132), which is a check but imposes administrative burden.\n\n- Cross‑jurisdiction and foreign‑law interaction: the Act recognises and imports foreign reporting and foreign prohibition orders (s 11, ss 132M–132Q). That expands scope beyond purely local convictions and requires administrative cooperation with foreign registrars — useful for mobility but operationally complex.\n\n- Judicial safeguards and review: the Act builds in court oversight for registration, prohibition and suspension decisions (ss 15–18C, 96–102, ch 5A, ss 132ZS–132ZU) and review rights (ACAT review of some police decisions, ch 5B). These mechanisms trade off speed of administrative action for procedural safeguards.\n\nKey implementation and compliance notes (concrete, section‑linked)\n\n- Reporting is detailed and frequent: initial in‑person report within 7 days in many scenarios; annual reporting tied to the original reporting date (s 23; s 37). Travel must be reported 7 days before leaving (s 42) or within 7 days of decisions while overseas (s 45–46).\n\n- High penalties for breaches: failing to report, refusing fingerprint/photo or refusing entry to a warrant can attract very large fines and imprisonment (ss 58A, 70–78, 116Y, 132ZI). Strict‑liability elements apply to some reporting failures (s 58A (2)).\n\n- Special categories and exceptions: multiple carve‑outs and special procedures for young persons, protected registrable offenders (witness protection), people with disability, those in government custody, and prescribed corresponding offenders (see Part 3, ss 26–32; s 110–115; ss 65–66; s 94). These create layered compliance paths but increase legal complexity.\n\nBottom line (what changes behaviour and power): the Act transforms certain child‑sex offenders from passive records on criminal files into actively monitored persons: they must report detailed personal and digital identifiers, face restrictions on child‑related work, and may be subject to bespoke court orders restricting where they can be, who they can contact and what they can do. Police and courts acquire broad verification and enforcement tools (including digital access and warrants) and regulated avenues to share limited information with institutions and parents where needed for child safety (Parts 3, 4 and 5A). (See ss 6, 117, ch 3, ch 4, ch 5, ch 5A.)"},"kimi_summary":{"_metrics":{"completionTokens":929},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2005 scope. Major additions include: Chapter 5A (prohibition orders) added in 2012 allowing conduct restrictions; Part 3.11 (entry and search warrants) added in 2015 for police verification powers; Chapter 5B (notification and review) added in 2016; and various amendments strengthening employment prohibitions, travel reporting, and young offender provisions. The original Act focused primarily on registration and reporting — subsequent amendments have added substantial preventive and enforcement mechanisms."},"complexity_factors":["Extensive cross-referencing between 6 chapters, 40+ parts/divisions, and 2 detailed offence schedules","47 defined terms in the dictionary plus numerous signpost definitions to other Acts","Nested conditional logic throughout — e.g., reporting obligations depend on custody status, location (in/out of ACT), age, disability, suspension orders, and protected witness status","Multiple overlapping exception regimes: young offenders, protected witnesses, suspended obligations, government custody, and corresponding foreign offenders each modify standard rules","Detailed procedural requirements for warrants, court applications, and appeals with specific timeframes (7 days, 24 hours, 28 days, 5 years)","Extensive schedules listing 40+ specific offences across ACT and Commonwealth legislation with varying circumstances","Complex interaction with foreign jurisdictions — recognition of corresponding offenders, prohibition orders, and reporting periods from other states/countries","Multiple review mechanisms: ACAT review of decisions, Supreme Court appeals, and various application processes for removal or suspension"],"plain_english_summary":"This ACT law creates a **child sex offender registration and monitoring scheme** with three main purposes: (1) requiring certain offenders to regularly report their personal details to police to reduce reoffending and help investigate future crimes; (2) banning these offenders from working in jobs involving children; and (3) allowing courts to issue orders prohibiting risky behaviour.\n\n**Who must register?**\n\nThe law applies to \"registrable offenders\" — people convicted of serious child sex offences (called \"class 1\" and \"class 2\" offences), plus those convicted of similar offences overseas. It also covers people who get a special \"child sex offender registration order\" from court even if their offence wasn't automatically registrable. There are exceptions for some young offenders and minor cases.\n\n**What must offenders do?**\n\n- **Initial reporting**: Within 7 days of sentencing, release from custody, or entering the ACT\n- **Annual reporting**: Update personal details every year\n- **Travel reporting**: Notify police before leaving the ACT, and report changes while away\n- **Change reporting**: Report changes to address, employment, vehicles, tattoos, internet use, or contact with children within 7 days (or 24 hours for some details)\n\n**How long does registration last?**\n\n- 8 years for a single class 2 offence\n- 15 years for a single class 1 offence or two class 2 offences\n- **Life** for multiple serious offences or repeat offenders\n- Young offenders get reduced periods (4–7.5 years)\n- Lifelong registrants can apply to the Supreme Court to suspend reporting after 15 years if they pose no risk\n\n**Other key restrictions**\n\n- **Child-related employment ban**: Offenders cannot work in jobs involving contact with children — schools, childcare, sports clubs, religious organisations, transport services, and many others\n- **Prohibition orders**: Police can apply to court for orders banning specific risky conduct (like loitering near schools, using the internet certain ways, or living near children)\n- **Entry and search warrants**: Police can get warrants to enter offenders' premises to verify their details or check for order breaches\n\n**Protected witnesses**\n\nSpecial rules apply to offenders in witness protection programs, with modified reporting arrangements to protect their new identities.\n\n**Penalties**\n\nFailing to report as required carries up to 5 years imprisonment. Working with children while registered, or breaching a prohibition order, also carries serious penalties. The law includes strict secrecy rules — unauthorised access to the register or disclosure of protected information is an offence.\n\n**Removal from the register**\n\nThe chief police officer or offenders themselves (if they were young at the time of offence) can apply to court for removal, considering factors like rehabilitation, risk, and time on the register."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/crimes-child-sex-offenders-act-2005","history":"/api/acts/crimes-child-sex-offenders-act-2005/history","analysis":"/api/acts/crimes-child-sex-offenders-act-2005/analysis","conflicts":"/api/acts/crimes-child-sex-offenders-act-2005/conflicts","importantCases":"/api/acts/crimes-child-sex-offenders-act-2005/important-cases","documents":"/api/acts/crimes-child-sex-offenders-act-2005/documents"}}