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(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;
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(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
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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.
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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.
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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:
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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”.
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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.
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(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;
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(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:
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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;
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(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:
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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.
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(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:
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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
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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.
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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
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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
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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