Tasmania bill

Community Protection (Offender Reporting) Amendment Bill 2025

TASIntroducedFull text

Jurisdiction

Tasmania

Making Date

2025-01-01

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

9/10 complexity

**What this Bill changes, mechanically

Replaces and expands large parts of the Community Protection (Offender Reporting) Act 2005 to: require courts to register certain offenders on a central Register, expand what personal information must be reported and shared, create new duties and offences for people charged with certain sexual and child‑related offences, and give police and the Commissioner broader powers to monitor and enforce compliance (see sections 6, 6A, 15B–15E, 21, 33, 34A–34B, 44 and 45C).**

**Who it affects

Reportable offenders: people who are sentenced for specified sexual and serious offences (court must usually order registration and reporting obligations) (s.6).
Child offenders: courts must consider, and may make, similar registration orders for people who were children when they offended (s.6A; reg.8A prescribes which child offences trigger that process).
Charged persons: people charged but not yet finally dealt with for those offences are newly brought into parts of the regime — the Bill creates duties on charged persons to disclose engagement with child‑related services and to inform employers (Part 2A: ss.15C–15E).
Employers and organisations providing child‑related services: duty to receive disclosures, possible notification from the Commissioner, and an explicit prohibition on certain registered offenders working in child‑related services (s.15B; s.15E).
Courts, the Commissioner, Registrar and police: new powers and duties to make orders, vary/suspend reporting, access and share Register data, require electronic monitoring and passport surrender, enter/search premises and devices, and arrest without warrant (ss.4A, 10A(4)–(5), 10C, 27A, 44, 45C and 45B).

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Deep Dive

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What it does

Mechanically, the Bill makes layered and extensive amendments to the Community Protection (Offender Reporting) Act 2005 (the Principal Act), related Regulations and the Sentencing Act 1997. Key mechanical changes include: (a) expanded triggers for courts and magistrates to make reporting and community protection orders (new ss 6 and 6A); (b) tighter and broader reporting requirements, including annual reporting plus ad hoc reporting as directed by the Registrar (new s 18); (c) enlarged personal-detail fields that must be supplied (amendments to s 17); (d) new police powers to search people, places and devices without a warrant for specified verification and enforcement purposes (new ss 45AA, 45B, 45C); (e) introduction of electronic monitoring and passport-surrender as possible conditions of a community protection order (amendments to s 10A and s 10B); (f) new criminal and civil penalties for non-compliance and for publication or conduct intended to harass identified persons (new ss 33, 33A, 34A, 34B); and (g) new disclosure routes and duties relating to persons charged but not yet convicted, and duties on charged persons in relation to child-related services and employers (Part 2A, ss 15B-15E). The Bill also substitutes the long title of the Principal Act to reflect the broadened scope (s 4) and adds provisions for guideline-making, delegation, inter-jurisdictional sharing and review (eg ss 4A, 44(4A), 44AA, 52A). The Bill applies by proclamation (s 2) and contains transitional provisions (s 54) and a sunset mechanism for the amending Act itself (s 64).

The Government’s stated purpose is set out in the substituted long title: to protect children, adults and the community from future offending by certain offenders who commit sexual or other serious offences by requiring courts to make orders that designate reportable offenders, by creating obligations to keep police informed of whereabouts and details and to refrain from certain work, by establishing a Register and information‑sharing arrangements (s 4, long title). The Bill advances that purpose through both court‑made orders (ss 6, 6A, 9, 10A) and administrative mechanisms (Registrar duties, disclosure rules, Commissioner powers).

Source excerpts

Direct links to excerpts of the current source text in Community Protection (Offender Reporting) Amendment Bill 2025.

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Document excerpt 1

Community Protection (Offender Reporting) Amendment Bill 2025

[Bill 61]-IX TASMANIA

COMMUNITY PROTECTION (OFFENDER REPORTING) AMENDMENT BILL 2025

CONTENTS PART 1 – PRELIMINARY

Short title
Commencement PART 2 – COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2005 AMENDED
Principal Act
Long title substituted
Section 3 amended (Interpretation)
Section 4A inserted 4A. Delegation by Commissioner
Section 5 amended (Reportable offenders)
Section 6 substituted
Order requiring registration of adult offender 6A. Consideration of order relating to child offender
Section 7 amended (Reporting orders for other offences)
Section 9 amended (Magistrate may make reporting order on application from Commissioner)
Section 10 amended (Matters to be taken into account)
Section 10A amended (Magistrate may make community protection order on application from Commissioner)

2 13. Section 10B amended (Magistrate may make interim community protection order) 14. Sections 10C and 10D inserted 10C. Variation, extension and revocation of community protection order 10D. Reportable offender not to commit further reportable offence 15. Section 11 substituted 11. Corresponding reportable offenders 11A. Interaction of orders 16. Section 13 amended (Class 1 offences) 17. Section 14 amended (Class 2 offences) 18. Section 15 amended (Class 3 offences) 19. Part 2A inserted PART 2A – Child-related Services and Disclosure in Relation to Charges 15A. Interpretation of Part 15B. Reportable offenders excluded from child-related services 15C. Commissioner may require charged person to make disclosure in relation to child-related services or reportable contact 15D. Disclosure by charged person to employer in relation to child-related service 15E. Commissioner may make disclosure regarding charged person 20. Section 16 amended (Reporting obligations of reportable offenders) 21. Section 17 amended (Report by reportable offender of personal details) 22. Section 18 substituted 18. Reportable offender to report annually and as required by the Registrar 23. Section 19 amended (Intended absence from Tasmania to be reported) 24. Section 20 amended (Where reports must be made) 25. Section 21 amended (Power to take photographs and carry out non-intimate forensic procedures)

3 26. Section 23 substituted 23. Suspension and extension of reporting obligations 27. Section 23A amended (Application of this Division) 28. Section 23B amended (Variation of reporting obligations of young reportable offenders) 29. Section 23C amended (Suspension of reporting obligations of young reportable offenders) 30. Section 24 amended (Length of reporting period) 31. Section 26 repealed 32. Section 27A inserted 27A. Suspension of reporting obligations of reportable offenders on Commissioner’s own initiative 33. Section 30 amended (Commissioner and certain chief executive officers entitled to be parties to proceedings) 34. Sections 33 and 33A substituted 33. Failure to comply with obligations 33A. Failure to comply with community protection order or interim community protection order 35. Section 34 amended (Providing false or misleading information) 36. Sections 34A and 34B inserted 34A. Conduct intended to cause harassment of reportable offenders or charged persons 34B. Publication, display and distribution of identifying information of reportable offender or charged person 37. Section 37 amended (Courts to provide details of orders to Commissioner) 38. Section 41A inserted 41A. Access to information of participants in witness protection programs 39. Section 42 amended (Registrar) 40. Section 44 amended (Access to Register to be restricted) 41. Sections 44AA and 44AB inserted 44AA. Provision of information to corresponding registrar 44AB. Provision of information to court 42. Section 44B amended (Provision of information to prescribed entities)

4 43. Section 44C amended (Disclosure of information to child, parent, guardian or carer) 44. Section 44CA inserted 44CA. Application by child, parent, guardian or carer for disclosure 45. Sections 44D and 45 substituted 45. Confidentiality 46. Section 45AA inserted 45AA. Power to conduct search of person 47. Sections 45B and 45C substituted 45B. Power to arrest without warrant 45C. Power to enter and search places, premises, conveyances and containers, and to search devices 48. Section 45D amended (Failure to comply with Act) 49. Sections 47 and 47A substituted 47. Matters generally to be heard in public 47A. Publication of personal details of certain reportable offenders 47B. Publication of de-identified information 50. Section 49A inserted 49A. Evidence of electronic monitoring device 51. Section 50A amended (Appeals) 52. Sections 50B and 50C inserted 50B. Appeals from Magistrates Court decisions 50C. Amendment of Schedules by order 53. Section 51 amended (Regulations) 54. Section 52A inserted 52A. Commissioner to review and report on certain disclosures made under Act 55. Section 54 inserted 54. Transitional provisions consequent on Community Protection (Offender Reporting) Amendment Act 2025 56. Schedules 1, 2 and 3 amended SCHEDULE 1 – CLASS 1 OFFENCES SCHEDULE 2 – CLASS 2 OFFENCES SCHEDULE 3 – CLASS 3 OFFENCES

5 PART 3 – COMMUNITY PROTECTION (OFFENDER REPORTING) REGULATIONS 2016 AMENDED 57. Principal Regulations 58. Regulation 4 amended (Authorised persons) 59. Regulation 8 amended (Supervising authorities) 60. Regulation 8A inserted 8A. Prescribed offences in respect of child offenders 61. Regulation 10 amended (Prescribed entities) PART 4 – SENTENCING ACT 1997 AMENDED 62. Principal Act 63. Section 11A amended (Matters to be taken or not taken into account in sentencing certain sexual offenders) PART 5 – CONCLUDING PROVISION 64. Repeal of Act

[Bill 61] 7 COMMUNITY PROTECTION (OFFENDER REPORTING) AMENDMENT BILL 2025 (Brought in by the Minister for Police, Fire and Emergency Management, the Honourable Felix Ashton Ellis) A BILL FOR An Act to amend the Community Protection (Offender Reporting) Act 2005, the Community Protection (Offender Reporting) Regulations 2016 and the Sentencing Act 1997 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 – PRELIMINARY

Short title This Act may be cited as the Community Protection (Offender Reporting) Amendment Act
Commencement The provisions of this Act commence on a day or days to be proclaimed.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 3 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 8 PART 2 – COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2005 AMENDED 3. Principal Act In this Part, the Community Protection (Offender Reporting) Act 2005* is referred to as the Principal Act. 4. Long title substituted The Principal Act is amended by omitting the long title and substituting the following long title: An Act to protect children, adults and the community from future offending by certain offenders who commit sexual or other serious offences, by requiring courts to make orders specifying certain offenders to be reportable offenders, requiring those offenders to keep police informed of their whereabouts and other personal details for a period of time and to refrain from engaging in certain work, requiring a Register of collected information to be kept, establishing an information disclosure scheme to enable the sharing of information under the Act in certain

*No. 61 of 2005

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 5 9 circumstances, and for related purposes 5. Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of authorised person and substituting the following definitions: authorised person means a prescribed person, or a member of a prescribed class of persons; carer has the same meaning as in the Carer Recognition Act 2023; charged person means a person who has been charged with a Class 1 offence, a Class 2 offence or a Class 3 offence in respect of which proceedings have not been finalised, who has been – (a) served with a notice to appear in court in relation to the offence: or (b) bailed to appear in relation to the offence; or (c) remanded in custody in relation to the offence;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 5 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 10 (b) by inserting the following definition after the definition of child: child-related service has the same meaning as in the Registration to Work with Vulnerable People Regulations 2024; (c) by inserting the following definition after the definition of government custody: guardian has the same meaning as in the Children, Young Persons and Their Families Act 1997; (d) by inserting “6A,” after “section 6,” in the definition of offender reporting order; (e) by inserting the following definition after the definition of offender reporting order: parent has the same meaning as in the Children, Young Persons and Their Families Act 1997; (f) by omitting the definition of personal details and substituting the following definition: personal details, in relation to a reportable offender or corresponding reportable offender, means –

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 6 11 (a) the details specified in section 17; and (b) photographs and digital images in relation to that offender; (g) by omitting “police officer” from the definition of Registrar and substituting “person”; (h) by omitting the definition of reportable contact and substituting the following definition: reportable contact, in relation to contact with a child by a reportable offender or charged person, means the contact listed in section 17(4); (i) by inserting the following definition after the definition of reporting period: RWVP Registrar means the Registrar appointed under section 11 of the Registration to Work with Vulnerable People Act 2013; 6. Section 4A inserted After section 4 of the Principal Act, the following section is inserted in Part 1:

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 7 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 12 4A. Delegation by Commissioner The Commissioner may delegate any of the Commissioner’s powers or functions under this Act, other than this power of delegation, to any one or more of the following persons – (a) a specified police officer; or (b) a specified class of police officers; or (c) a person appointed or employed under the State Service Act 2000. 7. Section 5 amended (Reportable offenders) Section 5(1)(b) of the Principal Act is amended by omitting “section 6” and substituting “section 6 or 6A”. 8. Section 6 substituted Section 6 of the Principal Act is repealed and the following sections are substituted: 6. Order requiring registration of adult offender (1) Subject to subsection (2), if a court sentences a person who was not a child at the time of committing the reportable offence to which the sentence relates, the court is to make an order directing that –

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 8 13 (a) the Registrar cause the name of the person to be placed on the Register; and (b) the person comply with all obligations under this Act for the period determined by the court in accordance with sections 24 and 25. (2) Despite subsection (1), the court may omit to make such an order in the following circumstances: (a) if the reportable offence is a Class 1 offence and the court is satisfied that the person does not pose an unreasonable risk of committing a reportable offence against a child, an adult or the community; (b) if the reportable offence is a Class 2 offence or a Class 3 offence and the court is satisfied that exceptional circumstances exist that indicate that the person does not pose a risk of committing a reportable offence against a child, an adult or the community. (3) In deciding whether exceptional circumstances exist under subsection (2)(b), the court is to make paramount the consideration of the safety and

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 8 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 14 protection of children, adults and the community. (4) The court is to make the order at the time the person is sentenced for the reportable offence. (5) For the purposes of subsection (2) and (3), it is not necessary that the court be able to identify a risk of offending against a particular person, or particular persons, or a particular class of persons. 6A. Consideration of order relating to child offender (1) If a court sentences a person who was a child at the time of committing the reportable offence to which the sentence relates, the court is to consider making an order directing that – (a) the Registrar cause the name of the person to be placed on the Register; and (b) the person comply with all obligations under this Act for the period determined by the court in accordance with sections 24 and 25. (2) A court may make an order in accordance with subsection (1) if the court is satisfied that the person poses an unreasonable risk of committing a

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 8 15 reportable offence against a child, an adult or the community. (3) The court must not make an order under subsection (2) in relation to a person merely because the person, who has not previously been convicted of a reportable offence, is sentenced as a child for a single offence (including an equivalent offence under the laws of a foreign jurisdiction) that is an offence prescribed to be an offence for the purposes of this subsection. (4) The court may make an order under subsection (2) on application from the prosecution or on the court’s own initiative. (5) Despite subsection (4), if the court does not consider making an order under subsection (2), an application for such an order may be made to the court by the prosecution, or the Commissioner, within 6 months after the day on which the person is sentenced for the offence. (6) The court may make an order under subsection (2) – (a) at the time at which the person is sentenced for the reportable offence; or

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 9 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 16 (b) at the time of determining an application made under subsection (5); or (c) at a later time, if more time is necessary, in the opinion of the court, to enable information relating to the matters to be taken into account under section 10 to be presented to the court. (7) For the purposes of subsection (2), it is not necessary that the court be able to identify a risk of offending against a particular person, or particular persons, or a particular class of persons. 9. Section 7 amended (Reporting orders for other offences) Section 7(1) of the Principal Act is amended by omitting paragraph (d) and substituting the following paragraph: (d) the person comply with all obligations under this Act for the period determined by the court in accordance with sections 24 and 25 – 10. Section 9 amended (Magistrate may make reporting order on application from Commissioner) Section 9(1) of the Principal Act is amended by omitting “the reporting obligations under this

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 11 17 Act” and substituting “all obligations under this Act, for the period determined by the magistrate in accordance with sections 24 and 25,”. 11. Section 10 amended (Matters to be taken into account) Section 10 of the Principal Act is amended as follows: (a) by inserting in subsection (1) “, 6A” after “section 6”; (b) by inserting the following paragraphs after paragraph (f) in subsection (1): (fa) the offender’s criminal history, including prior convictions and findings of guilt in respect of offences committed in the State or elsewhere, and any pattern in the committing of offences indicated by that history; (fb) any previous offender reporting order or previous community protection order in respect of the offender; (c) by inserting the following subsection after subsection (1): (1A) If an offender was a child at the time of committing a reportable offence, a court, in deciding

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Document excerpt 2

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 11 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 18 whether to make an order under section 6, 6A or 7 in relation to the offence, must take into account the principles specified in section 5 of the Youth Justice Act 1997. (d) by inserting the following paragraphs after paragraph (f) in subsection (2): (fa) the offender’s criminal history, including prior convictions and findings of guilt in respect of offences committed in the State or elsewhere, and any pattern in the committing of offences indicated by that history; (fb) any previous offender reporting order or previous community protection order in respect of the offender; (e) by inserting the following subsection after subsection (2): (3) If an offender was a child at the time of committing an offence referred to in section 8(a), a magistrate, in deciding whether to make an order under section 9 in relation to the offence, must take into account the principles specified in section 5 of the Youth Justice Act 1997.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 12 19 12. Section 10A amended (Magistrate may make community protection order on application from Commissioner) Section 10A of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (c) in subsection (3): (ca) the reportable offender accessing or using the internet; (b) by inserting the following subsections after subsection (3): (4) A community protection order relating to a reportable offender made under subsection (2) may, for a period specified in the order not exceeding 12 months, or for any further period, specified in the order, that the magistrate considers reasonably necessary to prevent a risk to any child, or children – (a) require the reportable offender to submit to electronic monitoring, including by wearing or carrying an electronic device; and (b) impose a condition that the offender must not

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 12 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 20 remove, tamper with, damage or disable any device used for the purpose of the electronic monitoring required under paragraph (a); and (c) impose a condition that the offender must comply with all reasonable and lawful directions given to the offender in relation to the electronic monitoring required under paragraph (a). (5) A community protection order relating to a reportable offender made under subsection (2) may, for a period specified in the order not exceeding 12 months, or for any further period, specified in the order, that the magistrate considers reasonably necessary to prevent a risk to any child, or children, require the reportable offender to surrender, to the Commissioner, all valid passports held by the reportable offender.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 13 21 13. Section 10B amended (Magistrate may make interim community protection order) Section 10B(2) of the Principal Act is amended by inserting “, or include a requirement or impose a condition referred to in section 10A(4) or (5)” after “section 10A(3)”. 14. Sections 10C and 10D inserted After section 10B of the Principal Act, the following sections are inserted in Part 2: 10C. Variation, extension and revocation of community protection order (1) The Commissioner, or a reportable offender in relation to whom a community protection order has been made, may at any time apply to a magistrate for a variation, extension or revocation of the community protection order. (2) An application referred to in subsection (1) may only be made with the leave of the magistrate. (3) The magistrate is not to grant leave under subsection (2) unless satisfied that there has been a substantial change in the relevant circumstances since the order was made or last varied.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 15 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 22 10D. Reportable offender not to commit further reportable offence It is an obligation of a reportable offender that the reportable offender not commit any further reportable offence during the reporting period in respect of that reportable offender. 15. Section 11 substituted Section 11 of the Principal Act is repealed and the following sections are substituted: 11. Corresponding reportable offenders A corresponding reportable offender is a person who – (a) would, if the person were currently in a foreign jurisdiction, be required to report to the corresponding registrar in that jurisdiction for a particular period; or (b) falls within a class of persons who are prescribed by the regulations to be corresponding reportable offenders for the purposes of this Act. 11A. Interaction of orders For the avoidance of doubt, if a reportable offender is subject to two or

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 16 23 more orders under this Act, a corresponding Act, or both this Act and a corresponding Act, and there is an inconsistency between the conditions or obligations of those orders, the most recently made order prevails to the extent of the inconsistency. 16. Section 13 amended (Class 1 offences) Section 13 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraphs: (a) in relation to an offender who is a child at the time of the offence, an offence against a provision listed in Part 1 of Schedule 1; or (ab) an offence against a provision listed in Part 2 of Schedule 1; or 17. Section 14 amended (Class 2 offences) Section 14 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraphs: (a) in relation to an offender who is an adult at the time of the offence, an offence against a provision listed in Part 1 of Schedule 2; or

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 18 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 24 (ab) in relation to all offenders, an offence against a provision listed in Part 2 of Schedule 2; or 18. Section 15 amended (Class 3 offences) Section 15 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraphs: (a) in relation to an offender who is an adult at the time of the offence, an offence against a provision listed in Part 1 of Schedule 3; or (ab) in relation to all offenders, an offence against a provision listed in Part 2 of Schedule 3; or 19. Part 2A inserted After section 15 of the Principal Act, the following Part is inserted: PART 2A – CHILD-RELATED SERVICES AND DISCLOSURE IN RELATION TO CHARGES 15A. Interpretation of Part In this Part – employer has the same meaning as in section 17(3).

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 19 25 15B. Reportable offenders excluded from child- related services (1) In this section – relevant reportable offender means a reportable offender who – (a) is not a child; and (b) was not a child at the time of the commission of the offence in respect of which the person is a reportable offender. (2) A relevant reportable offender must not – (a) apply to engage in; or (b) engage in – the provision of a child-related service. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (3) It is a defence in proceedings for an offence against subsection (2) to prove that the defendant did not know, after making all inquiries that are reasonable in the circumstances, at the time when the offence is alleged to have been committed, that the service was a child- related service.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 19 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 26 15C. Commissioner may require charged person to make disclosure in relation to child- related services or reportable contact (1) The Commissioner may give to a charged person, who is not a child, a notice in writing requiring the person to provide to the Commissioner – (a) information as to whether or not the person currently engages in the provision of any child-related services, and the nature of those services, within 48 hours of being given the notice; and (b) information, on an ongoing basis, about the nature of any child- related services that the person applies to engage in, or commences engaging in, at any time before proceedings in relation to the offence have been finalised, within 48 hours after so applying for, or commencing to engage in, the services; and (c) information regarding any reportable contact that the person has or expects to have with a child. (2) A notice under subsection (1) is to be given to a charged person as soon as practicable after the person has been

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 19 27 charged with a reportable offence, but in any case before the first court appearance of the person in respect of that charge. (3) A charged person must comply with a notice given to the person under subsection (1). Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (4) The Commissioner is to give a copy of a notice given under subsection (1) to the RWVP Registrar. (5) A police officer may make such enquiries, in accordance with any relevant guidelines developed under section 44(4A), as the officer thinks necessary to verify information supplied in response to a notice given under subsection (1). 15D. Disclosure by charged person to employer in relation to child-related service (1) A charged person, who is not a child and who engages in the provision of a child- related service, must disclose to the person’s employer that the person has been charged with a reportable offence within 3 days after becoming aware that the person has been charged with the offence.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 19 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 28 Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) A charged person, who is not a child and who applies to engage in the provision of a child-related service, must disclose to the person’s prospective employer that the person has been charged with a reportable offence within 3 days after becoming aware that the person has been charged with the offence. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. 15E. Commissioner may make disclosure regarding charged person The Commissioner may, despite any Act or law, and in accordance with any relevant guidelines developed under section 44(4A), in respect of a charged person who is not a child, advise – (a) any employer or prospective employer of the person; and (b) any parent, guardian or carer of a child with whom the person has, or the Commissioner reasonably believes may have, reportable contact; and

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 20 29 (c) a child with whom the person has, or the Commissioner reasonably believes may have, reportable contact, if the Commissioner, or the Secretary, considers on reasonable grounds that such disclosure is in the best interests of the child and is necessary and appropriate for the purpose of ensuring the safety and wellbeing of the child – that the person has been charged with a reportable offence and the details of that offence. 20. Section 16 amended (Reporting obligations of reportable offenders) Section 16(a) of the Principal Act is amended by inserting “, 6A” after “section 6”. 21. Section 17 amended (Report by reportable offender of personal details) Section 17 of the Principal Act is amended as follows: (a) by inserting the following subsection before subsection (1): (1AA) In this section –

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 21 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 30 personal relationship has the same meaning as in the Relationships Act 2003. (b) by inserting the following paragraphs after paragraph (c) in subsection (1): (ca) the gender or sex of the reportable offender – (i) as currently registered under the Births, Deaths and Marriages Registration Act 1999 or a corresponding law (as defined in section 3 of that Act); or (ii) as currently recorded in a recognition certificate within the meaning of the Births, Deaths and Marriages Registration Act 1999; or (iii) if neither subparagraph (i) nor (ii) apply in respect of the reportable offender – being a gender specified in section 3A of the Births, Deaths and Marriages Registration Act 1999 and currently identified by the reportable offender as the

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 21 31 reportable offender’s gender; and (cb) details of each foreign citizenship that the reportable offender holds (if any), including the name of the country for which it is held; and (cc) details of each passport that the reportable offender holds (if any), including its number and expiry date and the name of the country that issued it; and (cd) the reportable offender’s postal address for the service of notices and documents under this Act; (c) by inserting in subsection (1)(d) “, or if the reportable offender does not generally reside at any particular premises, the name of each of the localities at which the reportable offender can generally be found” after “resides”; (d) by inserting the following paragraph after paragraph (da) in subsection (1): (db) the relationship status of the reportable offender, including the name and address of any person with whom the reportable offender has a personal relationship, or is staying for more than one night at any

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 21 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 32 premises, and the names and ages of any children of that person; and (e) by inserting the following paragraph after paragraph (ed) in subsection (1): (ee) details of any electronic monitoring to which the reportable offender is subject as a result of a sentence, court order or community order given or made in this or any other jurisdiction; and (f) by omitting paragraph (ic) from subsection (1) and substituting the following paragraph: (ic) details of all virtual private networks (VPNs), email accounts, instant messaging accounts, chat room identities, social media accounts, dating or networking accounts, cloud-based services, vault applications or any other account, user name or identity used, or intended to be used, by the reportable offender through the internet or other electronic communication service, along with the programs, software and applications with which these are associated and

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 21 33 any passwords associated with each of these; and (g) by inserting in subsection (1)(ie) “, or telecommunications device,” after “number”; (h) by inserting the following paragraph after paragraph (ie) in subsection (1): (if) the name of each authorised deposit-taking institution, or other prescribed financial service provider, with which the reportable offender has an account or dealings; and (i) by inserting the following subsection after subsection (1B): (1C) A reportable offender must present to the Registrar, or an authorised person, for inspection, any working with vulnerable people registration card, provided to the reportable offender under section 42 of the Registration to Work with Vulnerable People Act 2013. (j) by inserting in subsection (4) “or charged person” after “a reportable offender”; (k) by inserting in subsection (4) “or charged person” after “the reportable offender”;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 21 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 34 (l) by omitting from subsection (4)(d)(ii) “oral”; (m) by inserting the following subsection after subsection (5): (6) If a reportable offender presents a working with vulnerable people registration card to the Registrar in accordance with subsection (1C), the Registrar may seize the card and forward it to – (a) the RWVP Registrar; or (b) a person in another jurisdiction whose functions in that jurisdiction most closely correspond to the functions of the RWVP Registrar – for the purposes of the RWVP Registrar, or the person – (c) checking the validity of the card; and (d) reviewing the registration to which the card relates.

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Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 22 35 22. Section 18 substituted Section 18 of the Principal Act is repealed and the following section is substituted: 18. Reportable offender to report annually and as required by the Registrar (1) A reportable offender must report to the Registrar, and provide the reportable offender’s personal details to the Registrar, each year during the calendar month in which the reportable offender first reported in accordance with this Act or a corresponding Act. (2) In addition to the report required under subsection (1), the reportable offender must report to the Registrar, and provide the reportable offender’s personal details to the Registrar, at such other times as directed by the Registrar. 23. Section 19 amended (Intended absence from Tasmania to be reported) Section 19 of the Principal Act is amended as follows: (a) by inserting in subsection (2)(b) “exact, if known, or” after “details of the”; (b) by inserting the following paragraphs after paragraph (b) in subsection (2):

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 23 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 36 (ba) a contact mobile phone number, or if the reportable offender has no mobile phone, a contact phone number for each address or location at which the reportable offender intends to stay; and (bb) the reason for travel; and (bc) the intended mode of travel, including but not limited to – (i) the vehicle registration number of any private vehicle in which the reportable offender plans to travel; and (ii) copies of any pre-booked tickets for air, land or sea travel; and (iii) copies of any bookings for a hire car in which the reportable offender plans to travel; and (c) by inserting the following paragraphs after paragraph (c) in subsection (2): (ca) the names and contact details of all adult persons with whom the reportable offender intends to travel, or reside, at any time during the intended travel; and

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 23 37 (cb) the name, age and contact details of each child with whom the reportable offender intends to travel, or reside, at any time during the intended travel; and (d) by inserting in subsection (2A) “subsequent to travelling internationally” after “Tasmania”; (e) by omitting from subsection (3) “subsection (2A) must, as soon as practicable” and substituting “subsection (2) must, within 24 hours after the making of that decision”; (f) by omitting from subsection (4)(a) “facsimile or”; (g) by inserting the following subsection after subsection (4): (5) As soon as practicable after receiving a report under this section in relation to a reportable offender’s intention to travel outside of Australia, the Registrar must ensure that a copy of the report is given to each of the following: (a) the Commissioner of the Australian Federal Police; (b) the CEO of the Australian Criminal Intelligence

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 24 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 38 Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; (c) the Australian Border Force Commissioner appointed under the Australian Border Force Act 2015 of the Commonwealth; (d) the Minister responsible for the issue of Australian passports under the Australian Passports Act 2005 of the Commonwealth. 24. Section 20 amended (Where reports must be made) Section 20(1) of the Principal Act is amended by inserting “or in a manner” after “place”. 25. Section 21 amended (Power to take photographs and carry out non-intimate forensic procedures) Section 21 of the Principal Act is amended as follows: (a) by inserting in subsection (1) “, subject to subsection (4),” after “her body”;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 25 39 (b) by inserting the following subsection after subsection (2): (2A) A reportable offender must comply with a requirement or procedure under subsection (1), (1A) or (2). Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (c) by omitting from subsection (3A) “officer” and substituting “person”; (d) by inserting the following subsection after subsection (7): (8) A person authorised to carry out a non-intimate forensic procedure on a reportable offender may use reasonable force – (a) to enable the non-intimate forensic procedure to be carried out; and (b) to prevent the loss, destruction or contamination of any forensic material, within the meaning of the Forensic Procedures Act 2000, taken as a result of

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 26 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 40 the carrying out of the non-intimate forensic procedure. 26. Section 23 substituted Section 23 of the Principal Act is repealed and the following section is substituted: 23. Suspension and extension of reporting obligations (1) Reporting obligations imposed on a reportable offender by this Part are suspended for any period during which the reportable offender – (a) is in government custody; or (b) is outside of Australia; or (c) is the subject of an order to suspend reporting obligations made under Division 6 (or an equivalent order in a foreign jurisdiction). (2) If reporting obligations are suspended under subsection (1)(a) or (b), the period during which a reportable offender’s reporting obligations continue is extended by the length of time that the reportable offender is in government custody or outside of Australia, respectively.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 27 41 (3) If a reportable offender is outside of Tasmania, but within Australia, reporting obligations imposed on that reportable offender by this Part continue to apply, unless the reportable offender is the subject of an order to suspend reporting obligations made under Division 6 (or an equivalent order in a foreign jurisdiction). 27. Section 23A amended (Application of this Division) Section 23A of the Principal Act is amended by inserting “and a corresponding reportable offender who is a child” after “offender”. 28. Section 23B amended (Variation of reporting obligations of young reportable offenders) Section 23B(1) of the Principal Act is amended by omitting “a” second occurring and substituting “an unreasonable”. 29. Section 23C amended (Suspension of reporting obligations of young reportable offenders) Section 23C(1) of the Principal Act is amended by omitting “a” second occurring and substituting “an unreasonable”.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 30 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 42 30. Section 24 amended (Length of reporting period) Section 24 of the Principal Act is amended as follows: (a) by inserting in subsection (1) “of not less than 3 years and” after “period”; (b) by omitting from subsection (1) “been sentenced for not more than” and substituting “only ever been sentenced for”; (c) by inserting in subsection (2) “of not less than 8 years and” after “period”; (d) by omitting paragraph (a) from subsection (2) and substituting the following paragraph: (a) has only ever been sentenced for one Class 2 offence or one Class 3 offence; or (e) by inserting in subsection (2)(b) “ever” after “has”; (f) by inserting in subsection (3) “that is not less than 15 years” after “period”; (g) by omitting paragraph (a) from subsection (3) and substituting the following paragraph: (a) is a reportable offender in respect of an offence –

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 31 43 (i) specified in section 15(f) or (g); or (ii) against section 125A of the Criminal Code; or (h) by inserting in subsection (3)(b) “ever” after “has”. 31. Section 26 repealed Section 26 of the Principal Act is repealed. 32. Section 27A inserted After section 27 of the Principal Act, the following section is inserted in Division 6: 27A. Suspension of reporting obligations of reportable offenders on Commissioner’s own initiative (1) This section applies – (a) to a reportable offender who – (i) was a child when they committed the latest offence in relation to which they are a reportable offender; or (ii) has a cognitive or physical impairment; or (iii) has a mental illness; and

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 32 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 44 (b) if there is a change, after the date on which the reporting obligations were imposed, in the circumstances of the reportable offender as the Commissioner understands them to be. (2) The Commissioner may suspend the reporting obligations of a reportable offender specified in subsection (1) on the Commissioner’s own initiative if satisfied, on reasonable grounds, that the offender does not pose an unreasonable risk of offending against a child, an adult or the community. (3) The Commissioner may revoke a suspension made under this section if the Commissioner believes, on reasonable grounds, that the offender poses, or may pose, an unreasonable risk of offending against a child, an adult or the community. (4) If the Commissioner suspends a reportable offender’s reporting obligations under subsection (2), or revokes such a suspension under subsection (3), the Commissioner must give the reportable offender written notice of the suspension or revocation as soon as is reasonably practicable. (5) A suspension under subsection (2), or a revocation of such a suspension under

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 33 45 subsection (3), takes effect when the Commissioner gives the notice to the reportable offender. 33. Section 30 amended (Commissioner and certain chief executive officers entitled to be parties to proceedings) Section 30(3) of the Principal Act is amended by omitting “the Commissioner” and substituting “all relevant authorities”. 34. Sections 33 and 33A substituted Sections 33 and 33A of the Principal Act are repealed and the following sections are substituted: 33. Failure to comply with obligations A reportable offender who, without reasonable excuse, fails to comply with any obligations imposed on the reportable offender under this Act commits an offence. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 3 years, or both.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 35 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 46 33A. Failure to comply with community protection order or interim community protection order A person who, without reasonable excuse, fails to comply with a community protection order, or interim community protection order, made, and in force, in respect of the person commits an offence. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 3 years, or both. 35. Section 34 amended (Providing false or misleading information) Section 34 of the Principal Act is amended by omitting the penalty and substituting the following penalty: Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. 36. Sections 34A and 34B inserted After section 34 of the Principal Act, the following sections are inserted in Division 7: 34A. Conduct intended to cause harassment of reportable offenders or charged persons (1) In this section –

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 36 47 harassment means a threat, serious and substantial abuse or severe ridicule; identified person means a reportable offender, or a charged person, about whom information is accessed or disclosed under this Act; public place includes – (a) a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or otherwise; and (b) a privately owned place to which the public has access with the express or implied approval of, or without interference from, the owner, occupier or person who has the control or management of the place; and (c) a school, university or other place of education, other than a part of it to which neither students nor the public usually have access.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 36 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 48 (2) In subsection (3) – (a) reference to conduct includes a reference to conduct occurring on a number of occasions over a period of time; and (b) conduct is taken not to occur in private if it – (i) consists of any form of communication with the public or a section of the public; or (ii) occurs in a public place or in sight or hearing of people who are in a public place. (3) A person must not engage in any conduct, otherwise than in private, by which the person intends to cause harassment of another person who is an identified person on the basis that the other person is an identified person. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (4) For the purposes of subsection (3), the public disclosure of information by a person who is a victim or complainant in respect of a reportable offence or alleged reportable offence does not of itself

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 36 49 constitute an intention to cause harassment if – (a) that information is of the victim or complainant’s personal experience; and (b) the identified person in respect of the information is the perpetrator or alleged perpetrator of the reportable offence. 34B. Publication, display and distribution of identifying information of reportable offender or charged person (1) In this section – display means display in or within view of a public place, as defined in section 34A; distribute means distribute to the public or a section of the public; identifying information means information accessed or disclosed under this Act, other than information published by the Commissioner under section 47A, in respect of a reportable offender, or charged person, that identifies that the person – (a) is a reportable offender; or

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 36 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 50 (b) has been charged with a reportable offence; publish means publish to the public or a section of the public. (2) A person must not, without having first obtained the written approval of the Minister, publish, distribute or display any identifying information. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (3) Subsection (2) does not apply to – (a) the victim or a complaint in respect of a reportable offence or alleged reportable offence who publishes, distributes or displays identifying information as part of information in relation to the victim or complainant’s personal experience of the reportable offence or alleged reportable offence; or (b) a person who publishes, distributes or displays information in accordance with the provisions of this Act.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 37 51 37. Section 37 amended (Courts to provide details of orders to Commissioner) Section 37(3) of the Principal Act is amended by omitting “as soon as is practicable” and substituting “within 7 days”. 38. Section 41A inserted After section 41 of the Principal Act, the following section is inserted in Division 9: 41A. Access to information of participants in witness protection programs Despite section 44(2), personal information of a reportable offender to whom this Division applies that is contained in the Register must only be accessed by the following persons: (a) the Registrar and the staff of the Registrar; and (b) a person undertaking duties in accordance with the Witness Protection Act 2000 that require access to that information for the purposes of those duties. 39. Section 42 amended (Registrar) Section 42 of the Principal Act is amended by omitting “police officer” and substituting “person”.

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Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 40 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 52 40. Section 44 amended (Access to Register to be restricted) Section 44 of the Principal Act is amended by omitting subsections (1), (2), (3) and (4) and substituting the following subsections: (1) In this section – relevant agency means – (a) the Commissioner of the Australian Federal Police; or (b) the Commissioner (however designated) of the police force of another State, or a Territory, or another country; or (c) the Australian Criminal Intelligence Commission; or (d) the Australian Transaction Reports and Analysis Centre (AUSTRAC) continued in existence by the Anti-Money Laundering and Counter- Terrorism Financing Act 2006 of the Commonwealth; or (e) any other government authority of the Commonwealth or of this or any other State, or of a Territory, responsible for the protection of children or reportable offender management.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 40 53 (2) The Register, or any part of the Register, is only to be accessed by – (a) the Commissioner; or (b) the Registrar; or (c) the staff of the Registrar; or (d) a police officer; or (e) an employee, within the meaning of the State Service Act 2000, who accesses the Register in the course of the employee’s duties for the purposes of – (i) enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth; or (ii) monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth; or (iii) the administration of justice; or (f) a person who is authorised to do so by the Commissioner.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 40 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 54 (3) A person, specified in subsection (2)(c), (d), (e) or (f) with access to the Register, or any part of the Register, must only disclose personal details contained in the Register – (a) to a police officer or a relevant agency; and (b) in accordance with – (i) guidelines developed under subsection (4A) by the Commissioner; or (ii) a requirement or authorisation by or under any written or other law. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (4) If the Commissioner, or Registrar, discloses personal details in the Register otherwise than to a police officer or a relevant agency, that disclosure must be in accordance with – (a) guidelines developed under subsection (4A) by the Commissioner; or (b) a requirement or authorisation by or under any written or other law.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 41 55 Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (4A) The Commissioner is to develop guidelines about access to, and the verification and disclosure of, personal details in the Register that ensure that access to the personal information in the Register is restricted to the greatest extent possible without interfering with the purpose of the protection of children, adults and the community. 41. Sections 44AA and 44AB inserted After section 44A of the Principal Act, the following sections are inserted in Part 4: 44AA. Provision of information to corresponding registrar The Registrar may disclose personal details of a reportable offender from the Register to a corresponding registrar for the purposes of a corresponding Act. 44AB. Provision of information to court Upon the request of a court, the Commissioner must disclose the following information in relation to a person:

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 42 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 56 (a) whether or not the person is a reportable offender; (b) if the person is a reportable offender, the period and conditions of any order made under this Act in relation to the reportable offender – if the Commissioner is satisfied that – (c) the information requested is for the purposes of informing the court in making orders under the Children, Young Persons and Their Families Act 1997 or the Family Law Act 1975 of the Commonwealth; and (d) the information requested does not identify any victims of the reportable offender other than those in relation to whom the court is making the orders specified in paragraph (c). 42. Section 44B amended (Provision of information to prescribed entities) Section 44B of the Principal Act is amended as follows: (a) by inserting in subsection (1) “, the Registrar or an authorised person” after “Commissioner”;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 42 57 (b) by omitting from subsection (1) “in writing”; (c) by inserting in subsection (1) “, or an entity of a class prescribed by the regulations to be a class of entities,” after “prescribed entity”; (d) by omitting from subsection (2) “may” and substituting “must”; (e) by inserting in subsection (2) “in accordance with any relevant guidelines developed under section 44(4A) and” after “subsection (1)”; (f) by inserting in subsection (2)(a) “the protection of children, adults and the community, the management of reportable offenders,” after “of”; (g) by inserting in subsection (2)(c) “, Registrar or authorised person” after “Commissioner”; (h) by omitting from subsection (3) “the Commissioner” first occurring and substituting “a person”; (i) by omitting from subsection (3) “Commissioner” second occurring and substituting “person”; (j) by omitting from subsection (4) “the Commissioner” and substituting “a person”.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 43 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 58 43. Section 44C amended (Disclosure of information to child, parent, guardian or carer) Section 44C of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsections: (1) The Commissioner, or the Secretary of the responsible Department in relation to the Children, Young Persons and Their Families Act 1997, may disclose that a person who has reportable contact with a child is a reportable offender in the following circumstances: (a) to the parent, guardian or carer of the child, if the Commissioner, or the Secretary, considers on reasonable grounds that it is necessary and appropriate for the purpose of ensuring the safety and wellbeing of a child or children; (b) to the child with whom the person has reportable contact, if the Commissioner, or the Secretary, considers on

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 43 59 reasonable grounds that such disclosure is in the best interests of the child and is necessary and appropriate for the purpose of ensuring the safety and wellbeing of the child. (1A) Information may not be disclosed under this section in relation to a reportable offender if that information identifies a victim, other than the person to whom the information is being disclosed, of a reportable offence committed by the reportable offender. (b) by inserting in subsection (2) “, or the Secretary,” after “subsection (1), the Commissioner”; (c) by omitting from subsection (2) “parent, guardian or carer of a child” and substituting “person”; (d) by inserting in subsection (3) “, or the Secretary,” after “Commissioner”; (e) by omitting from subsection (3) “parent, guardian or carer of a child” and substituting “person”; (f) by omitting from subsection (4) “parent, guardian or carer of a child” and substituting “person”;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 44 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 60 (g) by omitting from subsection (4) “parent, guardian or carer” second occurring and substituting “person”. 44. Section 44CA inserted After section 44C of the Principal Act, the following section is inserted in Part 4: 44CA. Application by child, parent, guardian or carer for disclosure (1) A parent, guardian or carer of a child, or a child, (the applicant) may apply to the Commissioner to be informed whether or not a person specified in the application (the specified person), other than a person who is a child, is a reportable offender. (2) An application under subsection (1) – (a) must include evidence, to the satisfaction of the Commissioner, that the specified person has, or has had, regular unsupervised contact with a child in respect of whom the applicant is a parent, guardian or carer, or to the applicant if the applicant is a child; and (b) is to be made in a form approved by the Commissioner.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 44 61 (3) For the purposes of subsection (2)(a), a person does not have regular unsupervised contact with a child unless the person has unsupervised contact with the child for at least 3 days (whether consecutive or not) in any period of 12 months. (4) On receiving an application in accordance with this section, the Commissioner may disclose to the applicant whether the specified person is a reportable offender, unless the person was a child when the person committed the latest offence in relation to which the person is a reportable offender. (5) Before disclosing information under this section to an applicant who is a child to whom the specified person has, or has had, regular unsupervised contact, the Commissioner must be satisfied on reasonable grounds that such disclosure is in the best interests of the applicant and is necessary and appropriate for the purpose of ensuring the safety and wellbeing of the applicant. (6) In disclosing information to an applicant under subsection (4), the Commissioner must inform the applicant, in writing, of the obligation to keep that information confidential in accordance with section 45.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 45 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 62 (7) Information may not be disclosed under this section in relation to a reportable offender if that information identifies a victim, other than the applicant, of a reportable offence committed by the reportable offender. (8) Evidence of whether or not an application has been made under this section is not admissible in any proceedings in a court or before a person or body authorised to hear and receive evidence. (9) Subsection (8) does not apply to proceedings for an offence under this Act. 45. Sections 44D and 45 substituted Sections 44D and 45 of the Principal Act are repealed and the following section is substituted: 45. Confidentiality (1) Except as otherwise provided by this section, a person who has access to any information – (a) provided, accessed or disclosed under this Act; or (b) contained in the Register –

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 45 63 must not intentionally or recklessly disclose or cause the disclosure of that information. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) Except as otherwise provided by this section – (a) a person who is a member of an entity, or a member of an entity within a class of entities, prescribed for the purposes of section 44B to whom information is provided under that section; or (b) a person to whom information is disclosed under section 15E, 44C or 44CA – must not – (c) give or show a record of the provision or disclosure of that information to any other person; or (d) be reckless about whether or not any other person can access such a record. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 45 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 64 (3) A person may disclose information specified in subsection (1) in one or more of the following cases: (a) as required or authorised by or under any Act or law; (b) to a court or tribunal in the course of relevant legal proceedings; (c) pursuant to an order of a court or tribunal; (d) to a legal practitioner for the purpose of obtaining legal advice or representation; (e) for the purposes of obtaining therapeutic mental health support services or treatment from a person whose profession or work includes the provision, for fee or other reward or on a voluntary basis, of – (i) counselling services; or (ii) social work services; or (iii) medical, psychiatric or psychological therapy or services; (f) to – (i) the Integrity Commission established under section

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 45 65 7 of the Integrity Commission Act 2009; or (ii) the Ombudsman appointed under section 5 of the Ombudsman Act 1978; or (iii) the Commissioner – for the purposes of an investigation under the Integrity Commission Act 2009, the Ombudsman Act 1978, or the Police Service Act 2003, respectively; (g) with the written authority of the Minister or the person to whom the information relates; (h) if the person is a person who has access to the Register under section 44(2) – in the course of the person’s duty; (i) if the person is a person who has access to the Register under section 44(2) – for the purposes, in this or any other jurisdiction, of – (i) the protection of children, adults and the community; or

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 45 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 66 (ii) law enforcement; or (iii) the facilitation of criminal proceedings in a court or tribunal; or (iv) the management of reportable offenders; (j) if the person is an employer of a charged person or reportable offender to whom the information relates – to a person who – (i) is a manager or supervisor, within the organisation or business of the employer; and (ii) manages or supervises, or proposes to manage or supervise, the person to whom the information relates – for the purpose of managing or supervising the charged person or reportable offender to whom the information relates; (k) in other circumstances prescribed by the regulations. (4) A parent, guardian or carer of a child, to whom information is disclosed under section 15E, 44C or 44CA, may disclose

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 46 67 that information to any other parent, guardian or carer of the child for the purpose of the protection of the child. (5) If a parent, guardian or carer discloses information under subsection (4), the parent, guardian or carer must inform the person to whom the information is disclosed of the obligation to keep that information confidential in accordance with this section. 46. Section 45AA inserted After section 45A of the Principal Act, the following section is inserted in Part 5: 45AA. Power to conduct search of person If a police officer reasonably suspects that a reportable offender is committing, or has committed, an offence against this Act, the police officer may, without warrant, in a public place or after entering a place, premises, conveyance or container in accordance with section 45C – (a) conduct a frisk search, within the meaning of the Search Warrants Act 1997, of the reportable offender; and (b) search any thing in the possession of the reportable offender; and

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 47 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 68 (c) seize, retain, and conduct an examination (including a forensic examination) of any thing that the police officer reasonably believes is evidence that a reportable offender is committing, or has committed, an offence against this Act. 47. Sections 45B and 45C substituted Sections 45B and 45C of the Principal Act are repealed and the following sections are substituted: 45B. Power to arrest without warrant A police officer who suspects on reasonable grounds that a person has committed an offence under this Act may arrest the person without a warrant. 45C. Power to enter and search places, premises, conveyances and containers, and to search devices (1) A police officer may, for the following purposes, without warrant, enter into, remain on, search and inspect any place, premises, conveyance or container, or search any device, that the police officer reasonably believes is being, or has been, used by a reportable offender:

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Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 47 69 (a) to ensure that the reportable offender is not committing, or has not committed, a reportable offence or an offence against this Act; (b) to verify any personal details reported by the reportable offender. (2) Before entering premises under subsection (1), a police officer must communicate to, or attempt to communicate to, a reportable offender within the premises the police officer’s authority to enter the premises, unless the police officer reasonably believes that communicating or attempting to communicate with the reportable offender would be likely to endanger any person or lead to the loss or destruction of evidence in relation to the commission of a reportable offence or an offence against this Act. (3) In entering into, remaining on, searching and inspecting any place, premises, conveyance, container or device under subsection (1), a police officer may exercise all or any of the following powers: (a) use any force as is reasonably necessary;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 47 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 70 (b) inspect, take copies of or seize any records, documents or other things that the police officer considers relevant that are kept at, or in, the place, premises, conveyance or container; (c) break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not; (d) require any conveyance to be stopped; (e) inspect any computer, mobile telephone or device capable of storing electronic data; (f) seize, retain, conduct an examination (including a forensic examination) of or remove from the place, premises, conveyance or container any thing that the police officer reasonably believes is, or may contain, evidence of the commission of a reportable offence, or an offence against this Act, by the reportable offender. (4) A reportable offender must allow a police officer to enter into, remain on, search and inspect any place, premises, conveyance, container or device for the purposes of this section and must

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 47 71 cooperate with the police officer with respect to that entry, search and inspection. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (5) If a reportable offender is aware that, in order to gain access to data stored on a computer, mobile telephone or other device being inspected or removed by a police officer under this section, it is necessary to enter any password, code or other information, or to perform any function in relation to the data, he or she must provide the police officer with that password, code or information or assist the police officer in performing that function. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (6) This section does not authorise the entry into any part of a place that is being used solely for residential purposes by a person other than a reportable offender, except – (a) with the consent of that person; or (b) under the authority of a search warrant.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 48 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 72 48. Section 45D amended (Failure to comply with Act) Section 45D of the Principal Act is amended as follows: (a) by omitting the penalty from subsection (1) and substituting the following penalty: Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (b) by omitting subsection (2). 49. Sections 47 and 47A substituted Sections 47 and 47A of the Principal Act are repealed and the following sections are substituted: 47. Matters generally to be heard in public Proceedings in relation to any matter under this Act must be heard in open court unless – (a) the matter involves a reportable offender to whom Division 9 applies; or (b) the court determines otherwise.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 50 73 47A. Publication of personal details of certain reportable offenders (1) This section does not apply to a young reportable offender or corresponding reportable offender who is a child. (2) The Commissioner may publish any or all of the personal details of a reportable offender, or a corresponding reportable offender, if the reportable offender’s or corresponding reportable offender’s whereabouts are not known to the Commissioner. 47B. Publication of de-identified information The Commissioner may publish information collected or accessed for the purposes of this Act, and information produced from analysis of that information, provided that – (a) no person can be identified from the information; and (b) the publication of that information is for the purpose of reporting on the operation and effectiveness of this Act. 50. Section 49A inserted After section 49 of the Principal Act, the following section is inserted in Part 5:

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 51 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 74 49A. Evidence of electronic monitoring device (1) If a reportable offender is required to submit to electronic monitoring under this Act, information collected as a result of that electronic monitoring – (a) must be provided to the Commissioner; and (b) may be used as evidence in proceedings under this or any other Act. (2) If a person who is a reportable offender under this Act is required to submit to electronic monitoring under another Act, information collected as a result of that electronic monitoring may be – (a) provided to the Commissioner; and (b) used as evidence in proceedings under this Act. 51. Section 50A amended (Appeals) Section 50A(2) of the Principal Act is amended by inserting “, within 28 days after the making of the order,” after “be made”.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 52 75 52. Sections 50B and 50C inserted After section 50A of the Principal Act, the following sections are inserted in Part 5: 50B. Appeals from Magistrates Court decisions (1) The following decisions of a magistrate may be appealed to the Supreme Court: (a) a decision to make an offender reporting order or community protection order; (b) a decision not to make an offender reporting order or community protection order, or a failure to make such an order. (2) An appeal made under subsection (1)(a) may be made, within 28 days after the making of the order, by the prosecution or the person against whom the order has been made. (3) On an appeal made under subsection (1)(a), the Supreme Court may affirm, quash or vary the order in respect of which the appeal is made. (4) An appeal made under subsection (1)(b) may be made, within 28 days after the giving of the sentence to which the order would relate, by the prosecution.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 52 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 76 (5) On an appeal made under subsection (1)(b), the Supreme Court may – (a) affirm that an offender reporting order or community protection order not be made; or (b) make such an order. (6) Nothing in this section restricts or affects any right of appeal that a person would have apart from this section. 50C. Amendment of Schedules by order (1) In this section – item means a heading, enactment or description of an offence contained in Schedule 1, 2 or 3. (2) The Governor may, by order, amend Schedule 1, 2 or 3 by doing one or more of the following: (a) inserting an item in, or omitting an item from, the Schedule; (b) omitting an item from a Schedule and substituting another item; (c) amending an item appearing in any of the Schedules;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 53 77 (d) omitting all or any of those Schedules and substituting a new Schedule or Schedules. (3) An order made under this section is a statutory rule for the purposes of the Rules Publication Act 1953. (4) The provisions of sections 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 apply to an order under this section as if the order were regulations within the meaning of that Act. 53. Section 51 amended (Regulations) Section 51 of the Principal Act is amended by inserting after subsection (3) the following subsection: (4) The amendment by an Act of regulations made for the purposes of this Act does not bar their subsequent amendment or repeal by regulation. 54. Section 52A inserted After section 52 of the Principal Act, the following section is inserted in Part 5:

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 54 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 78 52A. Commissioner to review and report on certain disclosures made under Act (1) The Commissioner must carry out the following reviews: (a) within 18 months after the commencement of section 44 of the Community Protection (Offender Reporting) Amendment Act 2025 – a review relating to the first 12 months of the operation of section 44CA of this Act; (b) within 6 months after the fifth anniversary of the commencement of section 44 of the Community Protection (Offender Reporting) Amendment Act 2025 – a review relating to the first 5 years of the operation of section 44CA of this Act. (2) A review under subsection (1) must include, but is not limited to, the following matters: (a) the number of applications made under section 44CA; (b) the number of disclosures made in respect of applications made under section 44CA;

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 55 79 (c) the number of charges laid in respect of an offence under section 34A or 34B in relation to information disclosed under section 44CA. (3) In carrying out a review under subsection (1), the Commissioner is to consult with, and take into consideration the views and opinions of, all persons and bodies who the Commissioner considers to be relevant to, or qualified to assess, the operation and effectiveness of section 44CA. (4) The Commissioner must – (a) prepare a report based on each of the reviews carried out under subsection (1); and (b) within 6 months after each review is completed, cause the relevant report to be laid before each House of Parliament. 55. Section 54 inserted After section 53 of the Principal Act, the following section is inserted in Part 5:

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 55 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 80 54. Transitional provisions consequent on Community Protection (Offender Reporting) Amendment Act 2025 (1) Section 6, as in force immediately before the commencement of section 8 of the Community Protection (Offender Reporting) Amendment Act 2025, applies to an order made under this Act that is in force on the day on which that section commences. (2) Section 13, as in force immediately before the commencement of section 16 of the Community Protection (Offender Reporting) Amendment Act 2025, applies to an order made under this Act that is in force on the day on which that section commences. (3) Section 14, as in force immediately before the commencement of section 17 of the Community Protection (Offender Reporting) Amendment Act 2025, applies to an order made under this Act that is in force on the day on which that section commences. (4) Section 15, as in force immediately before the commencement of section 18 of the Community Protection (Offender Reporting) Amendment Act 2025, applies to an order made under this Act that is in force on the day on which that section commences.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 81 (5) Section 24, as in force immediately before the commencement of section 30 of the Community Protection (Offender Reporting) Amendment Act 2025, applies to an order made under this Act that is in force on the day on which that section commences. (6) For the avoidance of doubt, amendments to Schedules 1, 2 and 3 made by section 56 of the Community Protection (Offender Reporting) Amendment Act 2025 do not affect the validity, or terms, of any order made under this Act that is in force on the day on which that section commences. 56. Schedules 1, 2 and 3 amended Schedules 1, 2 and 3 to the Principal Act are repealed and the following Schedules are substituted:

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 82 SCHEDULE 1 – CLASS 1 OFFENCES Section 13 PART 1 – CLASS 1 OFFENCES – CHILD OFFENDER Provision Description of offence Classification (Publications, Films and Computer Games) Enforcement Act 1995 Section 72A(a) Make or reproduce child exploitation material Section 72A(b) Cause or permit child exploitation material to be made or reproduced Section 72A(c) Be involved in the making or reproduction of child exploitation material Section 73A Distributing child exploitation material or facilitating the distribution of child exploitation material Criminal Code Section 130A Producing child exploitation material Section 130B(1) Distributing child exploitation material

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 83 Provision Description of offence Criminal Code Act 1995 of the Commonwealth Section 273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia Section 471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service Section 474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service PART 2 – CLASS 1 OFFENCES – ALL OFFENDERS Provision Description of offence Children, Young Persons and Their Families Act 1997 Section 91 Fail to protect child from harm Section 95 Harbour or conceal a child, &c.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 84 Provision Description of offence Section 96 Remove, counsel or induce child to be absent without lawful authority, &c. Classification (Publications, Films and Computer Games) Enforcement Act 1995 Section 74 Possessing bestiality product Section 74A(a) Possessing child exploitation material Section 74A(b) Accessing, or attempting to access, child exploitation material Community Protection (Offender Reporting) Act 2005 Section 15B(2)(a) Apply to engage in provision of child-related service Section 15B(2)(b) Engage in provision of child-related service Section 15C Fail to comply with notice to disclose Section 15D(1) Fail to disclose charge to employer Section 15D(2) Fail to disclose charge to prospective employer

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 85 Provision Description of offence Section 21(2A) Fail to comply with requirement to be photographed or undergo non- intimate forensic procedure Section 33 Fail to comply with obligations Section 33A Fail to comply with community protection order or interim community protection order Section 34 Provide false or misleading information Section 45D Fail to comply with Act Criminal Code Section 105A(2) Failing to report the abuse of a child Section 125D(3) Grooming with intent to expose a child [or young person] to indecent material Section 130C Possessing child exploitation material Section 130D Accessing child exploitation material Section 137 Indecency Section 138 Exhibiting obscene matter

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 86 Provision Description of offence Criminal Code Act 1995 of the Commonwealth Section 273A.1 Possession of child-like sex dolls &c. Section 273B.4 Fail to protect child at risk of child sexual abuse offence Section 273B.5(1) Fail to report child sexual abuse offence – reasonable belief Section 273B.5(2) Fail to report child sexual abuse offence – reasonable suspicion Section 471.19 Using a postal or similar service for child abuse material Section 471.24 Using a postal or similar service to procure persons under 16 Section 471.25 Using a postal or similar service to “groom” persons under 16 Section 471.25A(1) Using a postal or similar service to “groom” persons under 16 – procurement for sender Section 471.25A(2) Using a postal or similar service to “groom” persons under 16 – procurement for another person

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Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 87 Provision Description of offence Section 471.25A(3) Using a postal or similar service to “groom” persons under 16 – procurement for sexual activity in presence of sender or another person Section 471.26 Using a postal or similar service to send indecent material to person under 16 Section 474.22 Using a carriage service for child abuse material Section 474.22A Possessing or controlling child abuse material obtained or accessed using a carriage service Section 474.23A Conduct for the purposes of electronic service used for child abuse material Section 474.25A Using a carriage service for sexual activity with person under 16 years of age Section 474.25C Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16 years of age Section 474.26 Using a carriage service to procure persons under 16 years of age

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 88 Provision Description of offence Section 474.27 Using a carriage service to “groom” persons under 16 years of age Section 474.27AA(1) Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age – procurement for sender Section 474.27AA(2) Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age – procurement for another person Section 474.27AA(3) Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age – procurement for sexual activity in presence of sender or another person Section 474.27A Using a carriage service to transmit indecent communication to person under 16 years of age Customs Act 1901 of the Commonwealth Section 233BAB Special offences relating to tier 2 goods (if the offence involves items of child abuse material)

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 89 Provision Description of offence Police Offences Act 1935 Section 7A Loitering near children Section 8(1A)(a) Wilful and obscene exposing of person Section 13A(1) Observation or recording in breach of privacy – private place or private act Section 13A(2) Observation or recording in breach of privacy – genital or anal region Section 13B Publishing or distributing prohibited visual recording Section 13C Possession of prohibited visual recording Section 21 Indecent or offensive action or behaviour Section 35(3) Assault with indecent intent Sex Industry Offences Act 2005 Section 11(1) Permitting child on premises while sexual services are being provided – sex worker

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 90 Provision Description of offence Section 11(2) Permitting child on premises while sexual services are being provided – person receiving sexual services SCHEDULE 2 – CLASS 2 OFFENCES Section 14 PART 1 – CLASS 2 OFFENCES – ADULT OFFENDER Provision Description of offence Classification (Publications, Films and Computer Games) Enforcement Act 1995 Section 73A Distributing child exploitation material or facilitating the distribution of child exploitation material Criminal Code Act 1995 of the Commonwealth Section 273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia Section 471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 91 Provision Description of offence Section 474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service PART 2 – CLASS 2 OFFENCES –ALL OFFENDERS Provision Description of offence Classification (Publications, Films and Computer Games) Enforcement Act 1995 Section 72 Make or produce bestiality product Criminal Code Section 122 Bestiality Section 125(a) Permit penetrative sexual abuse of child [or young person] on premises – owner or occupier Section 125(b) Permit penetrative sexual abuse of child [or young person] on premises – manager or controller Section 125B Indecent act with or directed at a child [or young person] Section 125C(3) Procuring a child [or young person] for indecent act

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 92 Provision Description of offence Section 125E(2) Fail by a person in authority to protect a child from a sexual offence Section 127(1) Indecent assault Section 130B(1) Distributing child exploitation material Section 133(1) Incest Section 133(2) Permitting incest Section 139(b) Interfering (indecently) with human remains Section 169 Administering a drug with intent to facilitate the commission of an offence [or the flight of an offender]. Section 170A Persistent family violence (the commission of which involved an unlawful family violence act involving an offence against another provision listed in this Schedule) Section 178 Ill-treating a child Section 186(1) Forcible abduction Section 186(2) Abduction Section 189 Abduction of a young person under the age of 17 years

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 93 Provision Description of offence Section 192(1) Stalking and bullying (if the person against whom the offence is committed is a child) Criminal Code Act 1995 of the Commonwealth Section 272.15 “Grooming” child to engage in sexual activity outside Australia Section 272.20 Preparing for or planning offence against this Division Sex Industry Offences Act 2005 Section 7(1)(a) Intimidating, assaulting or threatening to assault a sex worker Section 7(2)(a) Intimidating, assaulting or threatening to assault person to induce provision of sexual services or fee or reward derived from provision of sexual services

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 94 SCHEDULE 3 – CLASS 3 OFFENCES Section 15 PART 1 – CLASS 3 OFFENCES – ADULT OFFENDER Provision Description of offence Classification (Publications, Films and Computer Games) Enforcement Act 1995 Section 72A(a) Make or reproduce child exploitation material Section 72A(b) Cause or permit child exploitation material to be made or reproduced Section 72A(c) Be involved in the making or reproduction of child exploitation material PART 2 – CLASS 3 OFFENCES – ALL OFFENDERS Provision Description of offence Classification (Publications, Films and Computer Games) Enforcement Act 1995 Section 73 Procuring, or inviting or attempting to procure, child to be involved in making child exploitation material

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 95 Provision Description of offence Criminal Code Section 124 Penetrative sexual abuse of a child [or young person] Section 124A Penetrative sexual abuse of a child [or young person] by a person in a position of authority Section 126 Penetrative sexual abuse of a person with a mental impairment Section 130A Producing child exploitation material Section 170A Persistent family violence (the commission of which involved an unlawful family violence act involving an offence against another provision listed in Schedule 1, 2 or 3) Criminal Code Act 1995 of the Commonwealth Section 271.4 Trafficking in children Section 271.7 Domestic trafficking in children Section 272.8 Sexual intercourse with a child outside Australia

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 96 Provision Description of offence Section 272.9 Sexual activity (other than sexual intercourse) with a child outside Australia Section 272.10 Aggravated offence – child with mental impairment or under care, supervision or authority of defendant Section 272.11 Persistent sexual abuse of child outside Australia Section 272.12 Sexual intercourse with young person outside Australia – defendant in position of trust or authority Section 272.13 Sexual activity (other than sexual intercourse) with young person outside Australia – defendant in position of trust or authority Section 272.14 Procuring child to engage in sexual activity outside Australia Section 272.18 Benefiting from offence against this Division Section 272.19 Encouraging offence against this Division Section 273.7 Aggravated offence – offence involving conduct on 3 or more occasions and 2 or more people

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 97 Provision Description of offence Section 471.22 Aggravated offence – offence involving conduct on 3 or more occasions and 2 or more people Section 474.24A Aggravated offence – offence involving conduct on 3 or more occasions and 2 or more people Section 474.25B Aggravated offence – child with mental impairment or under care, supervision or authority of defendant Criminal Code Section 125A Persistent sexual abuse of a child [or young person] Section 125C(2) Procuring a child [or young person] for penetrative sexual abuse Section 125D(1) Grooming with intent to procure a child [or young person] for sexual abuse Section 129(a) Procuring a person for penetrative sexual abuse by threats Section 129(b) Procuring a person for penetrative sexual abuse by fraud Section 130 Involving a person under the age of 18 years in the production of child exploitation material

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended 98 Provision Description of offence Section 165A Infanticide Section 169 Administering a drug with intent to facilitate the commission of an offence [or the flight of an offender] (if the person against whom the offence is committed is a child) Section 178A Performing female genital mutilation Section 178B Removal of child for performance of female genital mutilation Section 185 Rape Section 191(1) Abduction of a child Section 191(2) Harbouring an abducted child Section 191A(a) Kidnapping Sex Industry Offences Act 2005 Section 7(1)(d) Administering to a sex worker, or causing a sex worker to take, any drug or other substance with the intent to stupefy or overpower that sex worker

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56 99 Provision Description of offence Section 7(2)(d) Administer to a person, or cause a person to take, any drug or other substance with the intent to stupefy or overpower that person to induce provision of sexual services or fee or reward derived from provision of sexual services Section 8(2) Accosting a child Section 9(1) Procuring, or otherwise causing or permitting, a child to provide sexual services in a sexual services business Section 9(2) Receiving a fee or reward from sexual services provided by a child in a sexual services business

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 57 Part 3 – Community Protection (Offender Reporting) Regulations 2016 Amended 100 PART 3 – COMMUNITY PROTECTION (OFFENDER REPORTING) REGULATIONS 2016 AMENDED 57. Principal Regulations In this Part, the Community Protection (Offender Reporting) Regulations 2016* are referred to as the Principal Regulations. 58. Regulation 4 amended (Authorised persons) Regulation 4 of the Principal Regulations is amended as follows: (a) by omitting “classes of police officers” and substituting “persons and classes of persons”; (b) by inserting in paragraph (d) “, and State Service employees,” after “officers”. 59. Regulation 8 amended (Supervising authorities) Regulation 8 of the Principal Regulations is amended by omitting “Chief Forensic Psychiatrist” from column 2 of item 1 in the table and substituting “Chief Psychiatrist”.

*S.R. 2016, No. 1

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 3 – Community Protection (Offender Reporting) Regulations 2016 Amended s. 60 101 60. Regulation 8A inserted After regulation 8 of the Principal Regulations, the following regulation is inserted: 8A. Prescribed offences in respect of child offenders For the purposes of section 6A(3) of the Act, the following offences are prescribed offences: (a) sections 72A(a), (b), (c), 73A and 74A(a) of the Classification (Publications, Films and Computer Games) Enforcement Act 1995; (b) sections 130A, 130B and 130C of the Criminal Code; (c) sections 8(1A), 21 and 35(3) of the Police Offences Act 1935; (d) sections 273.6, 471.20, 474.22A and 474.23 of the Criminal Code 1995 of the Commonwealth. 61. Regulation 10 amended (Prescribed entities) Regulation 10 of the Principal Regulations is amended as follows:

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 61 Part 3 – Community Protection (Offender Reporting) Regulations 2016 Amended 102 (a) by omitting from paragraph (a) “of Education” and substituting “for Education, Children, and Young People”; (b) by omitting from paragraph (b) “Communities Tasmania” and substituting “Health”; (c) by omitting from paragraph (c) “Justice.” and substituting “Justice;”; (d) by inserting the following paragraphs after paragraph (c): (d) the Department of Premier and Cabinet; (e) Homes Tasmania; (f) a government authority of the Commonwealth, or of this or any other State or of a Territory, responsible for the protection of children or reportable offender management.

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 Part 4 – Sentencing Act 1997 Amended s. 62 103 PART 4 – SENTENCING ACT 1997 AMENDED 62. Principal Act In this Part, the Sentencing Act 1997* is referred to as the Principal Act. 63. Section 11A amended (Matters to be taken or not taken into account in sentencing certain sexual offenders) Section 11A(1) of the Principal Act is amended by inserting after paragraph (i) in the definition of aggravating circumstance the following paragraph: (j) the offender, at the time of the commission of the offence, being a reportable offender within the meaning of the Community Protection (Offender Reporting) Act 2005;

*No. 59 of 1997

Community Protection (Offender Reporting) Amendment Act 2025 Act No. of 2025 s. 64 Part 5 – Concluding provision 104 PART 5 – CONCLUDING PROVISION 64. Repeal of Act This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced. Government Printer, Tasmania

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