Part 2Offenders to whom Act applies

Part 2—Offenders to whom Act applies 6—Who is a registrable offender? (1) Subject to this section, a registrable offender is a person— (a) whom a court has at any time (whether before, on or after the commencement of this section) sentenced for a class 1 or class 2 offence; or (b) who is, or has been, subject to a child sex offender registration order. This Act applies to persons sentenced by a court of a foreign jurisdiction for certain offences under the law of that jurisdiction—see the definitions of court and sentence in section 4, the description of class 1 and class 2 offences in Schedule 1 and the power to make an order under section 9(2). Some requirements of this Act apply to certain people who are registrable offenders for the purposes of equivalent laws outside South Australia, even though they are not registrable offenders under this Act—see section 14. (2) A person who is— (a) a foreign registrable offender; or (b) a New South Wales registrable offender, is also a registrable offender. (3) Unless he or she is a registrable offender because of subsection (2), a person is not a registrable offender merely because he or she— (a) while a child committed a class 1 or class 2 offence for which he or she has been sentenced; or (b) is a person on whom a sentence has been imposed in respect of a single class 2 offence, if the sentence— (i) did not include a term of imprisonment; and (ii) was not a supervised sentence. (4) Unless he or she is a registrable offender because of subsection (2) or is, immediately before the commencement of this section, in government custody in relation to a registrable offence, a person is not a registrable offender merely because he or she was sentenced for— (a) a single class 2 offence more than 8 years before the commencement of this section; or (b) a single class 1 offence more than 15 years before the commencement of this section; or (c) 2 class 2 offences more than 15 years before the commencement of this section. (5) A person is also not a registrable offender if he or she— (a) is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection; or (b) has the same status as such a person under an order made under a corresponding law specified by the regulations for the purposes of this subsection. (6) A person ceases to be a registrable offender if— (a) his or her finding of guilt in respect of the only registrable offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or (b) his or her sentence in respect of that offence is reduced or altered so that he or she would have been a person described in subsection (3)(b) had the amended sentence been the original sentence; or (c) he or she is a registrable offender only because he or she is, or has been, subject to a child sex offender registration order and that order is quashed by a court. (7) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or child sex offender registration order. (8) For the purposes of subsection (3)(b), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence. 7—Who is a foreign registrable offender? A foreign registrable offender is a person who— (a) has at any time (whether before, on or after the commencement of this section) been sentenced in a foreign jurisdiction for a foreign registrable offence; and (b) having been sentenced for that offence, would, if he or she were currently in that foreign jurisdiction, be required to report to the corresponding registrar in that jurisdiction for a particular period (the recognised foreign reporting period). 8—Who is a New South Wales registrable offender? A New South Wales registrable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person who falls within a class of person whom the regulations prescribe not to be a New South Wales registrable offender for the purposes of this Act. 9—Child sex offender registration order (1) A court may— (a) on sentencing a person for an offence that is not a class 1 or class 2 offence; or (b) on sentencing a person for a class 1 or class 2 offence committed while the person was a child; or (c) on sentencing a person for a single class 2 offence where the sentence imposed does not include a term of imprisonment and is not a supervised sentence; or (d) on making a restraining order against a person under section 99AA of the Summary Procedure Act 1921, order that the person comply with the reporting obligations of this Act. (1a) The Magistrates Court may, at any time while a restraining order under section 99AA of the Summary Procedure Act 1921 remains in force, order that the person the subject of the restraining order comply with the reporting obligations of this Act. (2) The Magistrates Court may order that a person who has been sentenced for an offence against the law of a foreign jurisdiction (and who is not otherwise a registrable offender in respect of that offence) comply with the reporting obligations of this Act. A person who has been sentenced for an offence against the law of a foreign jurisdiction may be a registrable offender, in the absence of such an order, because the offence was a class 1 or 2 offence or because the person is a foreign registrable offender. (3) The court may only make an order under this section if, after taking into account any matter that it considers appropriate, it is satisfied that the person poses a risk to the safety and well‑being of any child or children. (4) For the purposes of subsection (3), it is not necessary that the court be able to identify a risk to a particular child or particular children. (5) The court may only make an order under this section on the application of— (a) in the case of an order to be made by a court that is dealing with a person for an offence—the prosecution; or (b) in any other case—a police officer. (6) For the purposes of subsection (1)(c), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence. 10—Appeal against order (1) If a court makes a child sex offender registration order, an appeal lies against the making of that order— (a) in the case of an appeal against an order made in the Magistrates Court—to a single judge of the Supreme Court; or (b) in any other case—in the same way as an appeal against a sentence imposed by the court. (2) On an appeal, the appellate court may— (a) confirm, vary or quash the order; and (b) make ancillary orders and directions.