99Regulations

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.