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Child Protection (Offender Reporting and Registration) Act 2004
42Order for suspension
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42 Order for suspension
(1) On an application under section 41(2), the Supreme Court may
make an order suspending the reportable offender's reporting
obligations.
(2) The Court must not make the order unless it is satisfied that the
reportable offender does not pose a risk to the lives or the sexual
safety of one or more children or children generally.
(2A) The Court must not make the order if the reportable offender is
subject to a supervision order under the Serious Sex Offenders
Act 2013.
Child Protection (Offender Reporting and Registration) Act 2004 33
(3) In deciding whether to make the order, the Court must take the
following into account:
(a) the seriousness of the reportable offender's reportable
offences, corresponding reportable offences and foreign
reportable offences;
(b) the period of time since those offences were committed;
(c) the age of the reportable offender, and the age of the victims
of those offences, at the time those offences were committed;
(d) the difference in age between the reportable offender and the
victims of those offences;
(e) the reportable offender's present age;
(f) the seriousness of the reportable offender's total criminal
record;
(g) whether the reportable offender is the subject of a prohibition
order;
(h) any other matter the Court considers appropriate.