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Child Sex Offenders Registration Act 2006
Div 5Reporting period
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Division 5—Reporting period
33—When reporting obligations begin
For the purposes of this Division, a registrable offender's reporting obligations begin—
(a) in the case of a person who is a registrable offender because of a child sex offender registration order made by a court in South Australia on the making of a restraining order against him or her under section 99AA of the Summary Procedure Act 1921—when the restraining order is made; or
(b) in any other case—
(i) if the registrable offender is held in government custody in relation to the relevant registrable offence—when the registrable offender ceases to be in government custody in relation to the offence; or
(ii) if the registrable offender is not held in government custody in relation to the relevant registrable offence—when the registrable offender is sentenced for the offence.
34—Length of reporting period
(1) A registrable offender of a kind referred to in column 1 of the Table must continue to comply with the reporting obligations imposed by this Part for the period specified in relation to him or her in column 2 of the Table:
Table
Column 1
Column 2
Registrable offender
Period
A registrable offender who is subject to a child sex offender registration order made by a court in South Australia on the making of a restraining order against him or her under section 99AA of the Summary Procedure Act 1921
The period for which the restraining order remains in force
A registrable offender who is subject to any other child sex offender registration order made by a court in South Australia
The period specified by the court in making the order
A registrable offender who is subject to a corresponding child sex offender registration order
The period for which the person is required to report in accordance with the corresponding law under which the order was made
A registrable offender who has only ever been found guilty of a single class 2 offence (where the sentence included a term of imprisonment or was a supervised sentence)
8 years
A registrable offender who has only ever been found guilty of a single class 1 offence (other than an offence against section 50 of the Criminal Law Consolidation Act 1935)
15 years
A registrable offender who has been found guilty of 2 class 2 offences
15 years
A registrable offender who has been found guilty of an offence against section 50 of the Criminal Law Consolidation Act 1935
A registrable offender who has been found guilty of 2 or more class 1 offences
A registrable offender who has been found guilty of a class 1 offence and 1 or more class 2 offences
A registrable offender who has been found guilty of 3 or more class 2 offences.
A life-long reporting obligation may be suspended under Division 6.
(2) A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection or for which a person was sentenced before the commencement of that subsection.
(3) For the purposes of this section—
(a) 2 or more offences arising from the same incident are to be treated as a single offence; and
(b) 2 or more offences arising from the same incident are to be treated as a single class 1 offence if at least one of those offences is a class 1 offence.
The meaning of single offence is qualified by section 4(2).
35—Reporting period for foreign registrable offenders
(1) Despite anything in this Part, a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for the recognised foreign reporting period referred to in section 7(b).
(2) For the purposes of this section, if a foreign registrable offender is a foreign registrable offender under the laws of more than one jurisdiction, the recognised foreign reporting period is the longest period for which he or she would be required to report to the corresponding registrar of a foreign jurisdiction.
36—Reporting period for New South Wales registrable offenders
(1) Subject to subsection (2), a New South Wales registrable offender must continue to comply with the reporting obligations imposed by this Part for the period he or she is required to report in accordance with the New South Wales Act.
(2) A New South Wales registrable offender who, on or after the date specified by the regulations for the purposes of section 8, is sentenced for a registrable offence or becomes a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for—
(a) the period referred to in subsection (1); or
(b) the period that he or she is required to report in accordance with this Division (other than this section),
whichever is longer.
36A—Division does not apply to additional reporting obligations
This Division does not apply in relation to additional reporting obligations imposed by declaration or order under section 15A.
The period during which the additional reporting requirements apply is, in the case of a declaration, determined by the Commissioner and specified in the notice given to the offender under section 48 or, in the case of an order, is either specified in the order or determined by further order of the Magistrates Court.