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Child Protection (Offender Reporting and Registration) Act 2004
99Regulations
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99 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The Regulations may deal with any of the following:
(a) matters incidental to the making of reports under Part 3,
including:
(i) the manner and form in which a report must be made;
and
(ii) the nature of any documentation or evidence to be
produced to verify any details of such a report; and
(iii) further information that must be included in a report in
addition to information required by that Part;
(b) the form of, or the information to be included in, any notice or
other document that is required by this Act to be given to
reportable offenders;
(c) the manner and form in which the Register must be
established and maintained, including the manner and form in
which information must be entered in the Register;
(d) requiring or permitting the Commissioner to remove specified
information, or information of a specified class, from the
Register;
Child Protection (Offender Reporting and Registration) Act 2004 61
(e) the notification of reporting obligations to reportable offenders,
including:
(i) the manner and form in which the information must be
given to reportable offenders;
(ii) requiring the reportable offender to acknowledge being
given the notice;
(iii) making special provision for notification to reportable
offenders who are children or who have disabilities or
other special needs;
(iv) permitting or requiring a person or body to be notified of
a reportable offender's status as a child or person who
has a disability or other special need to facilitate
notification and reporting;
(v) providing for the notification to be given to a carer of, or
a person nominated by, a reportable offender who may
be unable to understand his or her reporting obligations
or the consequences of failing to comply with those
obligations;
(vi) prescribing information that must be given to reportable
offenders in addition to information specified by this Act;
(vii) requiring a person or body to provide specified
information to reportable offenders concerning their
reporting obligations;
(viii) requiring a person or body to inform the Commissioner:
(A) that a reportable offender has left the custody or
control of the person or body; and
(B) that the person or body has given specified
information to a reportable offender; and
(C) that, in the opinion of the person or body, a
reportable offender does or does not have the legal
capacity to understand specified information; and
(ix) requiring a person or body to give the Commissioner any
acknowledgement by a reportable offender of the receipt
of a notice or any other specified information that is held
by the person or body;
Child Protection (Offender Reporting and Registration) Act 2004 62
(f) empowering the Commissioner to give directions as to which
police stations must be used as a venue for the making of
reports;
(g) providing that a police station, or a class of police station, is
not to be used as a venue for the making of reports without
the consent of the Commissioner;
(h) requiring a person or body to create records for this Act and to
retain those records for a specified period or an unlimited
period;
(i) stating that a specified class of order made under a specified
corresponding Act is a corresponding offender reporting order
for this Act.
(3) The Regulations may:
(a) be of general or of specially limited application; and
(b) differ in effect according to differences in time, place or
circumstance; and
(c) require a matter affected by the Regulations to be:
(i) in accordance with a specified standard or specified
requirement; or
(ii) approved by or to the satisfaction of a specified person
or a specified class of persons; or
(iii) as specified in both subparagraphs (i) and (ii); and
(d) confer a discretionary authority or impose a duty on a
specified person or a specified class of persons; and
(e) provide in a specified case or class of cases for the exemption
of persons or things from any of the provisions of the
Regulations, whether unconditionally or on specified
conditions, and either wholly or to such an extent as is
specified; and
(f) impose a penalty not exceeding 20 penalty units for a
contravention of the Regulations.