sec.5Reportable offender defined

### sec.5 Reportable offender defined A reportable offender is a person who is— sentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or sentenced for an offence for which a court has made a declaration under subsection (5) ; or an existing reportable offender; or a corresponding reportable offender; or subject to an offender reporting order; or subject to an offender prohibition order; or the respondent for a registered corresponding order; or a post-DPSOA reportable offender. However, a person mentioned in subsection (1) (a) is not a reportable offender only because— the person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 , (or an equivalent order under the laws of a foreign jurisdiction); or the person was sentenced for a prescribed offence that is a single offence, if the sentence did not include— a term of imprisonment; or a requirement that the person be under the supervision of a supervising authority or another person or body; or the person, as a child, committed— a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph. Also, a person is not a reportable offender if the person— is receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection. For this section, it does not matter— whether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or whether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order. For subsection (1) (b) , if a court convicts a person of an offence other than a reportable offence, the court may also declare it is satisfied the facts and circumstances surrounding the offence constitute elements of a reportable offence. For subsection (2) (b) (ii) , a reference to being under the supervision of a supervising authority does not include supervision under a fine option order. s 5 amd 2006 No. 29 s 518 sch 3 ; 2008 No. 17 s 65 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 7; 2014 No. 34 s 6 ; 2017 No. 14 s 7 ; 2018 No. 20 s 3B ; 2023 No. 10 s 5 (sec.5-ssec.1) A reportable offender is a person who is— sentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or sentenced for an offence for which a court has made a declaration under subsection (5) ; or an existing reportable offender; or a corresponding reportable offender; or subject to an offender reporting order; or subject to an offender prohibition order; or the respondent for a registered corresponding order; or a post-DPSOA reportable offender. (sec.5-ssec.2) However, a person mentioned in subsection (1) (a) is not a reportable offender only because— the person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 , (or an equivalent order under the laws of a foreign jurisdiction); or the person was sentenced for a prescribed offence that is a single offence, if the sentence did not include— a term of imprisonment; or a requirement that the person be under the supervision of a supervising authority or another person or body; or the person, as a child, committed— a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph. (sec.5-ssec.3) Also, a person is not a reportable offender if the person— is receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection. (sec.5-ssec.4) For this section, it does not matter— whether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or whether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order. (sec.5-ssec.5) For subsection (1) (b) , if a court convicts a person of an offence other than a reportable offence, the court may also declare it is satisfied the facts and circumstances surrounding the offence constitute elements of a reportable offence. (sec.5-ssec.6) For subsection (2) (b) (ii) , a reference to being under the supervision of a supervising authority does not include supervision under a fine option order. - (a) sentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or - (b) sentenced for an offence for which a court has made a declaration under subsection (5) ; or - (c) an existing reportable offender; or - (d) a corresponding reportable offender; or - (e) subject to an offender reporting order; or - (f) subject to an offender prohibition order; or - (g) the respondent for a registered corresponding order; or - (h) a post-DPSOA reportable offender. - (a) the person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 , (or an equivalent order under the laws of a foreign jurisdiction); or - (b) the person was sentenced for a prescribed offence that is a single offence, if the sentence did not include— (i) a term of imprisonment; or (ii) a requirement that the person be under the supervision of a supervising authority or another person or body; or - (i) a term of imprisonment; or - (ii) a requirement that the person be under the supervision of a supervising authority or another person or body; or - (c) the person, as a child, committed— (i) a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or (ii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or (iii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or (iv) a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph. - (i) a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or - (ii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or - (iii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or - (iv) a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph. - (i) a term of imprisonment; or - (ii) a requirement that the person be under the supervision of a supervising authority or another person or body; or - (i) a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or - (ii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or - (iii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or - (iv) a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph. - (a) is receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or - (b) has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection. - (a) whether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or - (b) whether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order.