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Child Protection (Offender Reporting and Registration) Act 2004
48Failure to comply with reporting obligations
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48 Failure to comply with reporting obligations
(1) A reportable offender who, without reasonable excuse, fails to
comply with any of his or her reporting obligations commits an
(2) A court, in determining whether a person had a reasonable excuse
for failing to comply with his or her reporting obligations, must have
regard to the following matters:
(a) the person's age;
(b) whether the person has a disability that affects his or her
ability to understand or comply with those obligations;
Child Protection (Offender Reporting and Registration) Act 2004 36
(c) whether the form of notification given to the reportable
offender as to his or her obligations was adequate to inform
him or her of those obligations, having regard to the offender's
circumstances;
(d) any matter specified by the Regulations for this section;
(e) any other matter the court considers appropriate.
(3) It is a defence to a prosecution for an offence of failing to comply
with a reporting obligation if it is established that, at the time the
offence is alleged to have occurred, the defendant had not received
notice, and was otherwise unaware, of the obligation.