17Offence of failing to comply with reporting obligations

#### 17 Offence of failing to comply with reporting obligations 17 Offence of failing to comply with reporting obligations > > (1) A registrable person must not fail to comply with any of the person’s reporting obligations without reasonable excuse. > > > > Maximum penalty—500 penalty units or imprisonment for 5 years, or both. > > > (2) In determining whether a registrable person had a reasonable excuse for failing to comply with the person’s reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters— > > > > > (a) the person’s age, > > > > > (b) whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations, > > > > > (b1) whether the form of the notification given to the person as to the person’s obligations was adequate to inform the person of those obligations, having regard to the person’s circumstances, > > > > > (c) any matter prescribed by the regulations, > > > > > (d) any other matter the court considers appropriate. > > > (2A) In proceedings for an offence under this section, the onus of proving that a registrable person had a reasonable excuse lies with the person and must be proved on the balance of probabilities. > > > (3) It is a defence to proceedings for an offence arising under this section if the registrable person charged with the offence establishes— > > > > > (a) the offence did not arise because of a failure to comply with section 3M, and > > > > > (b) at the time the offence is alleged to have occurred, the person— > > > > > > > (i) had not received notice of the person’s reporting obligations, and > > > > > > > (ii) was otherwise unaware of the person’s reporting obligations. > > > (4) In this section— > > > > reporting obligation, for a corresponding registrable person, includes the obligation to give a report to the Commissioner of Police under section 3M. > > **s 17:** Am 2004 No 85, Sch 1 \[37\]; 2007 No 87, Sch 1 \[26\]; 2019 No 20, Sch 1.2; 2024 No 62, Sch 1\[52\].