Div 3Provisions applying to all reporting obligations

Division 3—Provisions applying to all reporting obligations 21—Provisions relating to making of report (1) A report by a registrable offender under this Part is to be made— (a) if the Commissioner gives the offender a direction that the report is to be made at a specified police station—at the police station so directed; or (b) if the personal details last reported by the offender indicate an address for premises at which he or she generally resides and the Commissioner gives the offender a direction that the report is to be made at those premises—at the premises so directed; (c) if no direction is given under paragraph (a) or (b)—at a place approved (either generally or in a particular case) by the Commissioner. (1a) A direction by the Commissioner under subsection (1)(a) or (b)— (a) must be given in writing in accordance with any requirements prescribed by the regulations; and (b) may be varied or revoked at any time by further notice in writing given to the registrable offender by the Commissioner. (1b) Without limiting any other provision of this Act, the Commissioner may specify that a report by a registrable offender under this Part is to be made on a particular day, or during a particular period on a particular day. (2) This section does not apply if, under section 22(2), a report is permitted to be made in a way that is inconsistent with this section. 22—How report is to be made (1) Subject to subsection (2), a registrable offender must attend in person to make the following reports under this Part: (a) a report required by Division 1 (initial report); (b) a report required by section 15 (annual report); (ba) a report required by declaration or order under section 15A; (c) a report of a change of address of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, of the localities in which he or she can generally be found; (d) a report of the acquisition of, removal of, or change to, any tattoo or permanent distinguishing mark; (e) a report required by section 17(1)(b); (f) a report required by section 19(2)(b); (g) a report required by section 20A. (2) A registrable offender may, with the approval of the Commissioner— (a) make a report referred to in subsection (1); or (b) make any other report that is required under this Act, by making the report in a manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission). (3) Only a police officer approved for the purpose by the Commissioner may receive a report made by a registrable offender attending in person and only a police officer or other person approved for the purpose by the Commissioner may receive a report made in another way in accordance with subsection (2). (4) If a registrable offender is a child or has a disability that renders it impossible or impracticable for him or her to make the report in a manner required by this Act, the registrable offender will, nevertheless, be taken to make the report if— (a) in the case of a registrable offender who is a child—a parent or guardian of the child or, if neither a parent nor guardian is available, an adult who knows the registrable offender makes the report (so far as is reasonably possible) on the registrable offender's behalf; or (b) in the case of a registrable offender who is an adult who has a disability—a parent, guardian, carer or other adult person nominated by the registrable offender or approved by the Commissioner makes the report (so far as is reasonably possible) on the registrable offender's behalf, and such report must be made— (c) by both the registrable offender and the person reporting on his or her behalf attending in person; or (d) in another manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission). 23—Right to privacy and support when reporting (1) A person making a report under this Part by attending in person— (a) is entitled to make the report out of the hearing of members of the public; and (b) is entitled to be accompanied by a support person of his or her own choosing and, in the case of a child, must be accompanied by a parent or guardian of the child or, if neither a parent or guardian is available, an adult who knows the registrable offender. (2) A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part. (3) A police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so. 24—Receipt of information to be acknowledged (1) As soon as practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report. (2) The acknowledgment must be in writing, must be given to the person who made the report and must include— (a) the name and signature of the police officer or other person who received the report; and (b) the date and time when, and the place where, the report was received; and (c) a copy of the information that was reported. (3) The Commissioner must ensure that a copy of every acknowledgment is retained. 25—Additional matters to be provided (1) If a report is required to be made by attending in person, the person making the report must also— (a) present for inspection the registrable offender's driver's licence (if any) or any other form of identification or other document reasonably required by the police officer receiving the report to verify or support details in the report; and (b) provide a photograph of the registrable offender's head and face of a type suitable for use in an Australian passport; and (c) if not the registrable offender, present for inspection his or her driver's licence (if any) or any other form of identification reasonably required by the police officer receiving the report. (2) The police officer receiving the report may waive any requirements of subsection (1) if the police officer is otherwise satisfied as to the identity of the person making the report. (2a) If a report is required to be made by attending in person, the person making the report must also present for inspection the registrable offender's current passport (if any). (3) The police officer receiving the report may copy any document presented to the police officer for inspection under subsection (1) or (2a). (4) If a report is made otherwise than in person, the regulations may specify— (a) the circumstances in which— (i) information will be required concerning the identity of the registrable offender and the identity of the person making the report; or (ii) a document will be required verifying or supporting details in the report; and (b) the manner in which that information or document is to be provided, but may not require an original document to be provided. 26—Power to take fingerprints or fingerscan (1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the police officer has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender. (2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child. 27—Power to take photographs (1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, photographs of the registrable offender. (2) A police officer may only take, or cause to be taken, photographs of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child. 28—Reasonable force may be used (1) Before attempting to exercise a power under section 26 or 27, the police officer must inform the registrable offender in language likely to be understood by him or her— (a) of the purpose for which the power is to be exercised; and (b) that reasonable force may be used if the registrable offender refuses to voluntarily submit to the exercise of the power; and (c) that the fingerprints, fingerscan or photographs (as the case may be) will be retained by the Commissioner. (2) A police officer, or a person authorised by him or her, may use reasonable force to take the fingerprints, fingerscan or photographs of a registrable offender if— (a) the registrable offender refuses to co-operate voluntarily; and (b) the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant. 30—Retention of material for certain purposes The Commissioner may, during the reporting period of a registrable offender, retain for law enforcement, crime prevention or child protection purposes any of the following taken under this Division from, or in relation to, the registrable offender: (a) copies of any documents; (b) any fingerprints or fingerscans; (c) any photographs, and, at the end of that period, the Commissioner must cause them to be destroyed. 31—Reporting by remote offenders (1) This section applies if a registrable offender resides more than 100 kilometres from the nearest police station. (2) A registrable offender need not comply with a time limit concerning the making of a report in person under this Part if, before the time limit expires, he or she or a person entitled to make the report on his or her behalf contacts the Commissioner and— (a) nominates a reasonable time and place at which the report will be made; and (b) provides the Commissioner (by telephone or other means) with the information required to be reported under Division 1 or Division 2. (3) The Commissioner must ensure that there is a method of recording any information provided by a registrable offender in accordance with subsection (2).