Div 1Initial report

Division 1—Initial report 11—When initial report must be made (1) A registrable offender of a kind referred to in column 1 of the Table must report his or her personal details to the Commissioner within the period specified in relation to him or her in column 2 of the Table: Table Column 1 Column 2 Registrable offender Period for initial report A registrable offender (other than a foreign registrable offender) who enters government custody in South Australia on or after the commencement of this section as a consequence of having been sentenced for a registrable offence and who ceases to be in government custody whilst in South Australia Within 7 days after he or she ceases to be in government custody A registrable offender (other than a foreign registrable offender) in government custody in South Australia immediately before the commencement of this section and who ceases to be in government custody whilst in South Australia Within 7 days after he or she ceases to be in government custody A registrable offender (other than a foreign registrable offender) who is in South Australia on the commencement of this section, but who is not in government custody at that time Within 45 days after the commencement of this section Any other person who becomes a registrable offender because he or she is sentenced for a class 1 or class 2 offence in South Australia or who becomes a registrable offender because of a child sex offender registration order made by a court in South Australia Within 7 days after he or she is sentenced for the class 1 or class 2 offence or the child sex offender registration order is made (as the case may be) A registrable offender who enters South Australia from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Commissioner Within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody A foreign registrable offender who has not previously reported his or her personal details to the Commissioner and who is in South Australia on the date on which he or she becomes a foreign registrable offender Within 7 days after he or she becomes a foreign registrable offender or 7 days after he or she ceases to be in government custody, whichever is the later (2) A registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsection (1), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody. 12—When new initial report must be made by offender whose previous reporting obligations have ceased (1) If a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, he or she must report his or her personal details to the Commissioner— (a) within 7 days after he or she is sentenced for the registrable offence; or (b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody, (2) If a registrable offender's reporting period expires but he or she then becomes a foreign registrable offender who must, under section 35, continue to comply with the reporting obligations imposed by this Part for any period, he or she must report his or her personal details to the Commissioner— (a) within 7 days after he or she becomes a foreign registrable offender; or (b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody, (3) If a registrable offender's reporting obligations are suspended by an order under section 38 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 42 (or an equivalent provision of the laws of a foreign jurisdiction), he or she must report his or her personal details to the Commissioner— (a) within 7 days after the order ceases to have effect; or (b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody, (4) If a registrable offender is not in South Australia at the time he or she would be required under subsection (1), (2) or (3) to report his or her personal details to the Commissioner, the registrable offender must report his or her personal details within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody. (5) A registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsections (1) to (3), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody. 13—Report by registrable offender of personal details (1) The details the registrable offender must report are as follows: (a) his or her name, together with any other name by which he or she is, or has previously been, known; (b) in respect of each name other than his or her current name, the period during which he or she was known by that other name; (c) his or her date of birth; (d) the address of each of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, the name of each of the localities in which he or she can generally be found; (da) his or her postal address for service of notices and documents under this Act; (e) the names and ages of any children who generally reside in the same household as that in which he or she generally resides; (ea) if the registrable offender knows that he or she is likely to have reportable contact during the next 12 month period with a particular child—the name and age of the child; (f) if he or she is working— (i) the nature of the work; and (ii) the name of his or her employer (if any); and (iii) the address of each of the premises at which he or she generally works or, if he or she does not generally work at any particular premises, the name of each of the localities at which he or she generally works; (g) details of his or her affiliation with any club or organisation that has child membership or child participation in its activities; (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her; (i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed); (j) whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding child sex offender registration order and, if so, where that finding occurred or that order was made; (k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or foreign registrable offence, details of when and where that government custody occurred; (ka) if, at the time of making a report under this Division, he or she has a valid passport—the passport number, date and place of issue and date of expiry of the passport; (l) if, at the time of making a report under this Division, he or she leaves, or intends to leave, South Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)— (i) in general terms, the reason for travelling; and (ii) in general terms, the frequency and destinations of the travel; (m) details of any carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person; (n) details of any internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person; (o) details of the type of any internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial‑up connection; (p) details of any email addresses, passwords (and the accounts to which the passwords relate), social media accounts, internet user names, instant messaging user names, chat room user names or any other access code, user name or identity used, or intended to be used, by the person through the internet or other electronic communication service; (q) any other information prescribed by the regulations. (2) For the purposes of this section— (a) a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and (b) a child does not generally reside in the same household as a registrable offender unless they reside together in that household for at least 14 days (whether consecutive or not) in any period of 12 months; and (d) a registrable offender does not generally work at any particular premises unless he or she works at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and (e) a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 14 days (whether consecutive or not) in any period of 12 months. (3) For the purposes of this section, a person is working if he or she— (a) carries out work under a contract of employment or a contract for services (whether written or unwritten); or (b) carries out work as a self-employed person or as a sub-contractor; or (c) carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or (d) undertakes practical training as part of an educational or vocational course; or (e) carries out work as a volunteer including the performance of unpaid community work in accordance with an order of a court. 14—Persons required to report under corresponding law (1) This section applies to a person (other than one to whom Division 9 applies) who has been required to report to a corresponding registrar, irrespective of whether he or she is a registrable offender for the purposes of this Act. (2) Unless the person has previously complied with the obligation imposed by this section, he or she must, within 7 days after entering and remaining in South Australia, contact (by telephoning South Australia Police or another prescribed means) the Commissioner. (3) The Commissioner must advise the person whether he or she is a registrable offender for the purposes of this Act and any reporting obligations that he or she has under this Act. (4) A person is not guilty of an offence against section 44 because of a failure to comply with the reporting obligation imposed by subsection (2) if he or she— (a) is not a registrable offender for the purposes of this Act; or (b) has not been notified of that reporting obligation; or (c) does not remain in South Australia for 7 or more consecutive days, not counting any days spent in government custody; or (d) reports in accordance with section 11.