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Section 18 of the Principal Act is repealed and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”.