Div 7Offences

Division 7—Offences 44—Offences of failing to comply with reporting obligations (1) A registrable offender must not fail to comply with any of his or her reporting obligations without a reasonable excuse. Maximum penalty: $10 000 or imprisonment for 2 years. (1a) A registrable offender must not fail to comply with a reporting obligation relating to reportable contact with a child without a reasonable excuse. (2) In determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters: (a) the person's age; (b) whether the person has a disability that affects the person's ability to understand, or to comply with, those obligations; (c) whether the form of notification given to the registrable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender's circumstances; (d) any other matter the court considers appropriate. (3) It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation. 45—Offences of furnishing false or misleading information (1) A person must not, in purported compliance with this Part, furnish information that the person knows to be false or misleading in a material particular. Maximum penalty: $10 000 or imprisonment for 2 years. (2) A person must not, in purported compliance with this Part, furnish information in relation to reportable contact with a child that the person knows to be false or misleading in a material particular. Maximum penalty: $25 000 or imprisonment for 5 years. 46—Time limit for prosecutions Proceedings for an offence against this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed unless the Attorney‑General authorises the commencement of the proceedings at a later time. 47—Bar to prosecution for failing to report leaving South Australia (1) This section applies if a registrable offender leaves South Australia and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding law. (2) The registrable offender is not to be prosecuted for a failure to comply with section 17 in respect of the travel out of South Australia.