3FOrders made in relation to foreign offences and old offences

3F Orders made in relation to foreign offences and old offences

3F Orders made in relation to foreign offences and old offences

(1) The Local Court may, on application by the Commissioner of Police, order any of the following persons to comply with the reporting obligations of this Act—

(a) a person who has been found guilty of an offence against the law of a foreign jurisdiction that, if the offence had been committed in New South Wales, would have been an offence under the law of New South Wales, and who is not otherwise a registrable person in respect of that offence,

(b) a person who has (at any time) been sentenced by a court for a Class 1 offence of which the person was found guilty before 15 October 2001, unless the person was a child at the time that the offence was committed,

(c) a person who has (at any time) been sentenced by a court for a relevant Class 2 offence, unless the person was a child at the time the offence was committed.

(2) The Local Court may make an order under this section only if it is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally.

(3) For the purposes of calculating the person’s reporting period under this Act, if the Local Court makes an order in respect of a person under this section, the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date an order under this section is made.

(4) Section 51 of the Local Court Act 2007 does not apply to proceedings for an order under this section.

(5) The fact that an offence in respect of which a person has been found guilty is spent does not prevent the making of an order under this section.

(6) For the purposes of this section, an offence is spent if, under a law in any jurisdiction, the person is permitted not to disclose the fact that the person was convicted or found guilty of the offence.

(7) In this section—

relevant Class 2 offence, in relation to a person, means an offence—

(a) referred to in—

(i) section 2D(2)(a), or

(ii) Schedule 1B, Part 1, item 1 or 21, and