2BDefinitions

#### 2B Definitions 2B Definitions > > (1) In this Act— > > > > carriage service has the same meaning as in the [Telecommunications Act 1997](http://www.legislation.gov.au/) of the Commonwealth. > > > > child means any person who is under the age of 18 years. > > > > child protection registration order means an order made under Part 2A, Division 2. > > > > Class 1 offence—see section 2D(1). > > > > Class 2 offence—see section 2D(2). > > > > community correction order means a community correction order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > > community service order means a community service order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or a children’s community service order under the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056). > > > > conditional release order means a conditional release order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > > corresponding Act means a law of a foreign jurisdiction— > > > > > (a) that provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period, and > > > > > (b) that the regulations state is a corresponding Act for the purposes of this Act. > > > > corresponding child protection registration order means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding child protection registration order for the purposes of this Act. > > > > corresponding registrable offence means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act. > > > > corresponding registrable person—see section 3L(1). > > > > corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner of Police under this Act. > > > > court includes any Magistrate exercising functions under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), and also includes a court (however described) of a foreign jurisdiction. > > > > detainee means a person who— > > > > > (a) is a detainee within the meaning of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057), or > > > > > (b) is absent from a detention centre pursuant to an order in force under section 24 of that Act. > > > > disability has the same meaning as it has in the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048). > > > > existing controlled person means a person who, immediately before the commencement of this section— > > > > > (a) was subject to a sentence of imprisonment in respect of a registrable offence, including— > > > > > > > (i) a term of imprisonment the subject of an intensive correction order, home detention order or sentence suspension order, and > > > > > > > (ii) a term of imprisonment in respect of which the person was on release on parole under strict supervision, > > > > > > but not including a term of imprisonment in respect of which the person was on release on parole otherwise than under strict supervision, or > > > > > (b) was a forensic patient in respect of a registrable offence, or > > > > > (c) was an existing licensee in respect of a registrable offence, or > > > > > (d) was participating in the Pre-Trial Diversion of Offenders Program under the [Pre-Trial Diversion of Offenders Act 1985](/view/html/inforce/current/act-1985-153) in respect of a registrable offence, or > > > > > (e) was the subject of a community service order in respect of a registrable offence, or > > > > > (f) was subject to a good behaviour bond in respect of a registrable offence, being a bond under which the person was required to submit to strict supervision, > > > > whether under the laws of New South Wales or (in whatever terms expressed) under the laws of a foreign jurisdiction. > > > > existing licensee means a person who is— > > > > > (a) the holder of an existing licence within the meaning of clause 22 of Schedule 2 to the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), or > > > > > (b) the holder of a licence under section 7 of the [Habitual Criminals Act 1957](/view/html/inforce/current/act-1957-019), or > > > > > (c) the holder of any equivalent licence granted under the laws of a foreign jurisdiction, > > > > being a person who is for the time being required by the conditions of the licence to submit to strict supervision. > > > > finding of guilt—see subsection (2). > > > > foreign jurisdiction means a jurisdiction other than New South Wales (including jurisdictions outside Australia). > > > > foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses. > > > > forensic custody—see section 2G(1). > > > > forensic patient means a person who is subject to an order of detention under the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) as a result of a limiting term being imposed on the person, or the person being subject to a special verdict of act proven but not criminally responsible, under that Act. > > > > good behaviour bond means a good behaviour bond under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), and includes a good behaviour bond referred to in section 33 (1) (b) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055). > > > > government custody means the following— > > > > > (a) custody as an inmate or detainee, > > > > > (b) forensic custody, > > > > > (c) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a) or (b). > > > > home detention order means a home detention order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > > inmate has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > intensive correction order means an order referred to in section 7 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > > interstate Registrar means an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages. > > > > NSW Registrar means the Registrar within the meaning of the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062). > > > > personal information report, for a registrable person, means a report that includes all relevant personal information. > > > > Register means the Child Protection Register established under section 19. > > > > registrable offence means an offence that is— > > > > > (a) a Class 1 offence, or > > > > > (b) a Class 2 offence, or > > > > > (c) an offence that results in the making of a child protection registration order. > > > > registrable person—see section 3A. > > > > registrable person order—see section 3C(1). > > > > relevant personal information means— > > > > > (a) the information specified in Schedule 1C, and > > > > > (b) other information prescribed by the regulations. > > > > relevant vehicle or other transport—see section 2H. > > > > reporting obligations, in relation to a registrable person, means the obligations imposed on the person under this Act. > > > > reporting period, in relation to a registrable person, means the period during which the person must comply with the person’s reporting obligations that is— > > > > > (a) specified in a registrable person order or child protection registration order, or > > > > > (b) determined in accordance with Part 3, Division 6. > > > > residential premises, of a registrable person, means premises at which the person resides for 7 days or more, whether or not consecutively, in a 12-month period. > > > > sentence includes the following— > > > > > (a) any order under section 65(2) of the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) that causes a person to be kept in custody or an order of detention under section 33(1) or 61(2) of that Act, > > > > > (b) any order under section 33 (1) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), > > > > > (c) any action taken under section 10A of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), > > > > > (d) any undertaking under section 23 of the [Pre-Trial Diversion of Offenders Act 1985](/view/html/inforce/current/act-1985-153), > > > > > (e) any sentence or equivalent order or undertaking imposed under the laws of a foreign jurisdiction. > > > > sentence suspension order means an order under section 12 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > > sexual act, sexual intercourse and sexual touching have the same meanings as in Division 10 of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > > strict government custody, in relation to a registrable person, means custody as an inmate, detainee or forensic patient, but does not include such custody if the person— > > > > > (a) is regularly permitted to be absent from a place of custody for any period, regardless of its length, whether on leave of absence or otherwise, and > > > > > (b) is not at all such times under the immediate supervision of an officer of a supervising authority or other person having custody of the person. > > > > strict supervision means supervision by— > > > > > (a) the Commissioner of Corrective Services or an officer employed within the Department of Corrective Services, or > > > > > (b) the Director-General of the Department of Juvenile Justice or an officer employed within that Department, or > > > > > (c) the Director-General of the Department of Health or an officer employed within that Department, > > > > or supervision by an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a)–(c). > > > > supervised sentence means— > > > > > (a) a sentence of imprisonment the subject of an intensive correction order or home detention order, or > > > > > (b) a community service order or community correction order, or > > > > > (c) a good behaviour bond or conditional release order under which the person is required to submit to strict supervision, or > > > > > (d) an order of detention under section 33(1), 61(2) or 65(2) of the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), other than an order that, as originally made, requires the person to be kept in strict government custody. > > > > > (e) (Repealed) > > > > supervising authority, in relation to a registrable person, means an authority prescribed by the regulations as the authority having control of the person. > > > > witness protection program has the same meaning as it has in the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087). > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (1A) Except in so far as the context or subject-matter otherwise indicates or requires or as the regulations provide that this subsection not have effect, a reference in this Act to the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) is a reference to that Act as in force at any time (whether before, on or after the commencement of this subsection). This subsection does not affect the meaning or construction of references to any other Act mentioned in this Act. > > > > Note. > > > > The principal purpose of this subsection is to make it clear that references to orders and bonds under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) extend to orders and bonds under that Act as in force at any time. > > > (2) For the purposes of this Act, a reference to a finding of guilt in relation to an offence (however expressed) committed by a person is a reference to any of the following— > > > > > (a) a court making a formal finding of guilt in relation to the offence, > > > > > (b) a court convicting the person of the offence, where there has been no formal finding of guilt before conviction, > > > > > (c) a court accepting a plea of guilty from the person in relation to the offence, > > > > > (d) a court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under Division 3 of Part 3 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), or under equivalent provisions of the laws of a foreign jurisdiction, > > > > > (e) a verdict under section 59(1)(b), (c) or (d) or of act proven but not criminally responsible under the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), or under equivalent provisions of the laws of a foreign jurisdiction. > > > (2A) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court. > > > (3) (Repealed) > > > (4) For the purposes of this Act, a person who is absent from a detention centre pursuant to an order in force under section 23 or 24 of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057) is taken to be in custody. > > > (5) For the purposes of this Act, section 579 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) does not apply to or in respect of a registrable offence. > > > (6) For the purposes of this Act, a registrable person has a special need if— > > > > > (a) the person has impaired intellectual functioning, that is, the person has— > > > > > > > (i) total or partial loss of the person’s mental functions, or > > > > > > > (ii) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or > > > > > > > (iii) a disorder, illness or disease that affects the person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour, or > > > > > (b) the person is subject to a guardianship order (within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257)), or > > > > > (c) the person is illiterate, or is not literate in the English language, or > > > > > (d) the person is visually impaired to the extent that the person is unable to read a written notice, or > > > > > (e) the person is subject to some other condition that may prevent the person from being able to understand a written notice. > > > (7) A reference to sexual touching or a sexual act in this Act does not include a reference to an offence that only involves indecent exposure. > > > (8) A reference to doing a thing “in person” in this Act is a reference to doing the thing by personal attendance at a place, it is not sufficient to attend the place by telephone or by any other electronic means. > > > (9) Notes included in this Act do not form part of this Act. > > **s 2B (previously s 3):** Renumbered 2024 No 62, Sch 1\[3\].