3CRegistrable person orders by sentencing court

3C Registrable person orders by sentencing court

3C Registrable person orders by sentencing court

(1) A court (the sentencing court) that sentences a person for a registrable offence must make an order (a registrable person order) that the person is a registrable person if—

(a) for a person who was an adult when the registrable offence was committed—the sentencing court imposes a sentence for the registrable offence, other than a no conviction order, or

(b) for a person who was a child when the registrable offence was committed—

(i) the sentencing court imposes a sentence for the registrable offence, other than a no conviction order, and

(ii) the prosecution requests the registrable person order be made, and

(iii) the sentencing court is satisfied the registrable person order is necessary because the person poses a risk to the lives or sexual safety of one or more children or of children generally.

Note—

The Crimes (Sentencing Procedure) Act 1999, section 43 allows proceedings to be reopened if the sentencing court makes an incorrect registrable person order or fails to make a registrable person order.

(2) If a person is sentenced for more than 1 registrable offence, only 1 registrable person order must be made for all the offences.

(3) The registrable person order must specify the reporting period calculated in accordance with section 3I.

(4) In this section—

adult means a person who is not a child.

no conviction order means an order under—

(a) the Crimes (Sentencing Procedure) Act 1999, section 10, or

(b) the Children (Criminal Proceedings) Act 1987, section 33(1)(a).

s 3C: Ins 2004 No 85, Sch 1 [15]. Subst 2007 No 87, Sch 1 [7]. Rep 2014 No 54, Sch 1 [16]. Ins 2018 No 33, Sch 2 [6]. Rep 2024 No 62, Sch 1[10]. Ins 2024 No 62, Sch 1[12].