Div 8Notification of reporting obligations

Division 8—Notification of reporting obligations 48—Notice to be given to registrable offender (1) The Commissioner must give a registrable offender written notice of— (a) his or her reporting obligations; and (b) the consequences that may arise if he or she fails to comply with those obligations. (2) A registrable offender is to be given a notice under this section as soon as practicable after any of the following events happens: (a) he or she is sentenced for a registrable offence in South Australia or made subject to a child sex offender registration order in South Australia; (b) he or she is released from government custody in South Australia (whether in government custody for a registrable offence or not); (c) he or she enters South Australia, if he or she has not previously been given notice of his or her reporting obligations in South Australia; (d) he or she becomes a foreign registrable offender, if he or she is in South Australia at that time; (e) a declaration relating to him or her is made or revoked under Part 2A; (f) a declaration relating to his or her reporting obligations is made, varied or revoked under section 15A; (g) a declaration relating to his or her reporting obligations is made, varied or revoked under Part 5A; (h) a requirement to carry or wear a tracking device is issued, varied or revoked under section 66N. (3) Despite anything in this Division, the regulations may provide that a notice given under this section is not required to specify the registrable offender's reporting period if the regulations require a notice containing that information to be given at the time the registrable offender reports his or her personal details to the Commissioner. 49—Courts to provide information to Commissioner (1) This section applies if a court— (a) makes an order or imposes a sentence that has the effect of making a person a registrable offender for the purposes of this Act; or (b) imposes a sentence on a person in relation to a registrable offence; or (c) makes an order in relation to a registrable offender that has the effect of removing the person from the ambit of this Act. Example— Paragraph (c) would apply, for instance, if a court on appeal quashes a person's finding of guilt in relation to a class 1 or class 2 offence in respect of which he or she had been sentenced and that was the only offence in respect of which he or she had ever been found guilty. (2) The court must ensure that details of the order or sentence are provided to the Commissioner as soon as practicable after the making or imposition of the order or sentence. court does not include a court of a foreign jurisdiction. 50—Notice to be given when reporting period changes (1) This section applies to a registrable offender whose reporting period has changed since he or she was last notified of his or her reporting period in South Australia. (2) The Commissioner must give (or cause to be given) written notice to the registrable offender as soon as practicable after the change and in any event no later than the time the offender next reports in accordance with this Act. 51—Supervising authority to notify Commissioner of certain events (1) This section applies if a registrable offender— (a) ceases to be in government custody; or (b) ceases to be subject to a supervised sentence; or (c) ceases to be subject to a condition of parole requiring the person to be subject to supervision; or (d) ceases to be an existing licensee, regardless of the reason why the registrable offender was in custody, was subject to the sentence, was on parole or was a licensee. (2) As soon as practicable before or after the relevant event listed in subsection (1) occurs, the supervising authority is to give written notice of the event to the Commissioner. (3) The notice must include any details required by the regulations. 52—Notices may be given by Commissioner The Commissioner may, at any time, cause written notice to be given to a registrable offender of— (a) his or her reporting obligations; and (b) the consequences that may arise if he or she fails to comply with those obligations. 53—Failure to comply with procedural requirements does not affect registrable offender's obligations A failure by a person other than a registrable offender to comply with any procedural requirement imposed on the person by this Part or the regulations does not, of itself, affect a registrable offender's reporting obligations. This section aims to prevent a registrable offender who was not given notice of a reporting obligation by an official as required by this Part from arguing that the obligation does not apply to him or her as a result of that failure if there is evidence that the registrable offender was aware of the obligation through some other means. (If there is no such evidence then the registrable offender would have a defence to the charge under section 44(3) on the basis that he or she was not aware of the obligation.)