QLDIn ForceAct
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
sec.41Supreme Court may exempt particular reportable offenders
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### sec.41 Supreme Court may exempt particular reportable offenders
This division applies to a reportable offender who is required to continue to comply with the reporting obligations imposed by this part for the rest of the offender’s life.
A reportable offender may apply to the Supreme Court for an order suspending the reporting obligations imposed on the offender under this part if—
the minimum period has passed (ignoring any period during which the reportable offender was in government detention) since the later of the following days—
the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence;
the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence;
the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and
the offender did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of a life-long reporting period in Queensland; and
the offender is not subject to parole in relation to a reportable offence.
For sub section 2 (a) , the minimum period is—
if the requirement for the reportable offender to comply with the reporting obligations imposed on the offender under this part for the remainder of the offender’s life applied immediately before the commencement day—15 years; or
otherwise—25 years.
s 41 amd 2006 No. 29 s 518 sch 3 ; 2018 No. 20 s 3M ; 2023 No. 10 s 15
(sec.41-ssec.1) This division applies to a reportable offender who is required to continue to comply with the reporting obligations imposed by this part for the rest of the offender’s life.
(sec.41-ssec.2) A reportable offender may apply to the Supreme Court for an order suspending the reporting obligations imposed on the offender under this part if— the minimum period has passed (ignoring any period during which the reportable offender was in government detention) since the later of the following days— the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence; the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence; the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and the offender did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of a life-long reporting period in Queensland; and the offender is not subject to parole in relation to a reportable offence.
(sec.41-ssec.3) For sub section 2 (a) , the minimum period is— if the requirement for the reportable offender to comply with the reporting obligations imposed on the offender under this part for the remainder of the offender’s life applied immediately before the commencement day—15 years; or otherwise—25 years.
- (a) the minimum period has passed (ignoring any period during which the reportable offender was in government detention) since the later of the following days— (i) the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence; (ii) the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence; (iii) the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and
- (i) the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence;
- (ii) the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence;
- (iii) the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and
- (b) the offender did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of a life-long reporting period in Queensland; and
- (c) the offender is not subject to parole in relation to a reportable offence.
- (i) the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence;
- (ii) the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence;
- (iii) the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and
- (a) if the requirement for the reportable offender to comply with the reporting obligations imposed on the offender under this part for the remainder of the offender’s life applied immediately before the commencement day—15 years; or
- (b) otherwise—25 years.