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].