Crimes (Child Sex Offenders) Act 2005

16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 6 Purpose and outline 3 7 Meaning of finding of guilt 4 8 Who is a registrable offender? 7 9 Registrable offender—exceptions 8

Page contents 2 Crimes (Child Sex Offenders) Act 2005 10 What is a registrable offence? 10 11 Who is a prescribed corresponding offender? 11 11A Chief police officer to decide if certain people prescribed corresponding offenders 11 12 Appeal proceedings irrelevant 13 13 Effect of quashing of finding of guilt etc 13 Division 2.2.1 Child sex offender registration orders—generally 14 What is a child sex offender registration order? 14 Division 2.2.2 Orders for offenders guilty of offence other than class 1 or class 2 offence 15 Court may make child sex offender registration order 14 16 Court may only make order if person risk to sexual safety 14 17 Court may only make order with sentence 15 18 Court may only make order on prosecution application 15 18A Meaning of previous offender—div 2.2.3 15 18B Application for child sex offender registration order in relation to previous offender 15 18C Court may make child sex offender registration order in relation to previous offender 16 18D Matters court must consider before making registration order in relation to previous offender 17 18E Keeping documents connected with order 18 19 What is a reporting obligation? 19 20 What is a reporting obligation provision? 19

Page contents 3 Division 3.2.1 When registrable offender must make initial report of personal details 22 Offender in custody at commencement of Act must report 21 23 Offender must report after sentencing 22 24 Offender entering ACT must report 23 25 Prescribed corresponding offender must report 24 26 Exception—offender’s reporting obligations suspended 25 27 Exception—protected registrable offender 25 Division 3.2.2 When registrable offender must make new initial report of personal details 28 Offender later sentenced for registrable offence must report 25 29 Offender who later becomes prescribed corresponding offender must report 26 30 Offender whose reporting suspension ceases must report 27 31 Exception—offender’s reporting obligations suspended 29 32 Exception—protected registrable offender 29 33 Person entering ACT must make contact 29 34 Offender entering ACT must make contact 30 35 Exception—person has already made contact 31 36 Exception—offender’s reporting obligations suspended 32 37 Offender must report annually 33 38 Exception—offender in government custody 34 39 Exception—offender outside ACT 34 40 Exception—offender’s reporting obligations suspended 34 41 Exception—protected registrable offender 35 42 Offender leaving ACT must report travel details 35 43 Defence—impracticable to report 7 days before leaving 36 44 Offender not to be punished twice for failing to report travel 36

Page contents 4 Crimes (Child Sex Offenders) Act 2005 45 Offender outside ACT must report travel details 37 46 Offender outside ACT must report change of travel details 37 47 Offender must report return to ACT 38 48 Offender must report decision not to leave ACT 39 49 Offender must report regular travel 40 50 Application to protected registrable offender 40 51 Exception—protected registrable offender 40 52 Exception—offender in government custody 41 53 Exception—offender’s reporting obligations suspended 41 54 Offender in ACT must report change of details 41 55 Offender returning to ACT must report change of details 43 56 Offender leaving custody must report 44 57 Exception—offender’s reporting obligations suspended 45 58 Exception—protected registrable offender 45 58A Offence—fail to report as required 45 59 What are personal details? 47 60 Meaning of some concepts in s 59 50 61 Meaning of employment in s 59 51 62 Application of s 59 to protected registrable offender 52 63 How is a report made in an approved way? 52 64 Where are approved reporting places? 52 65 Reports by young offenders 52 66 Reports by offenders with disability 53 67 Regulation about reports not made in person 54 68 Police officers who may receive reports 54 69 Police officer receiving report may arrange interpreter 55 70 Offence—offender reporting in person must provide identification etc 55

Page contents 5 71 Offence—person reporting in person for offender must provide identification 56 72 Identification documents may be copied 57 73 Right to privacy when reporting in person 57 74 Right to have support person when reporting in person 58 75 Offender reporting in person may be fingerprinted to confirm identity 58 76 Offender to be told why fingerprints needed 59 77 Offence—offender must allow fingerprinting 59 78 Photographing offender 60 78A Order allowing use of force for photographing offender 61 79 Right to privacy when being photographed 62 80 Right to have support person when being photographed 62 Division 3.4.4 Report to be acknowledged 81 Receipt of report to be acknowledged 63 82 Documents, fingerprints, photographs may be kept 64 83 When reporting period begins 65 84 Reporting period—single class 1 offence—15 years 65 85 Reporting period—single class 2 offence—8 years 65 86 Reporting period—2 class 2 offences—15 years 66 87 Reporting period—multiple offences—life 66 88 Offences committed before commencement of Act used to work out length of reporting period 66 89 Reduced reporting period for young offenders 67 90 Offences arising from same incident taken as 1 offence 67 91 Reporting period for person subject to child sex offender registration order 67 92 Extended reporting period for offenders on parole 68 93 Extended reporting period for offender in custody 68 94 Reporting period for prescribed corresponding offenders 68 95 Pt 3.6 only applies to offender with life-long reporting period 69

Page contents 6 Crimes (Child Sex Offenders) Act 2005 96 Eligibility of offender to apply for suspension order 69 97 Supreme Court may make suspension order 69 98 Chief police officer is party to application 70 99 No costs to be awarded for suspension order application 70 100 Unsuccessful applicant cannot reapply for 5 years 70 101 Suspension order ceases if offender reoffends 71 102 Application for new suspension order 71 103 What is a reporting obligations notice? 73 104 Reporting obligations notice to be given when person becomes registrable offender 73 105 Reporting obligations notice may be given at any time 74 106 Courts to provide sentencing information to chief police officer 74 107 Chief police officer must tell offender if reporting period changes 75 108 Supervising authority to tell chief police officer of certain events 75 109 Procedural defects do not affect offender’s obligations 76 110 Who is a protected registrable offender? 77 111 Protected and unprotected registrable offender declarations 77 115 When protected and unprotected registrable offender declarations take effect 78 Part 3.10 Failure to comply with reporting obligations— public notices 116A Chief police officer may issue public notice in certain circumstances 79 116B Definitions—pt 3.11 80 116C Entry and search warrant—application 81 116D Application for entry and search warrant—supporting information 82 116E Entry and search warrant—remote application 83

Page contents 7 116F Entry and search warrant—deciding application 83 116G Content of entry and search warrant 84 116H What an entry and search warrant may authorise 85 116I Extension and amendment of entry and search warrant 87 116J Revocation of entry and search warrant 88 116K Use of force and availability of assistance in executing entry and search warrant 89 116L Announcement before entry 89 116M Details of warrant to be given to occupier etc 90 116N Occupier entitled to be present during search etc 90 116O Use of equipment to examine or process things 91 116P Use of electronic equipment at premises 91 116Q Order requiring registrable offender to assist with access to data etc 93 116R Damage etc to be minimised 94 116S Compensation 95 116T Copies of seized things to be provided 95 116U Receipt for things seized 96 116V Return or destruction of things seized 96 116W Application for order disallowing seizure 97 116X Forfeiture and disposal of seized things 98 116Y Offence—refusal of entry to premises 100 116Z Admissibility of evidence 100 117 Establishment of child sex offenders register 101 118 Access to child sex offenders register restricted 102 119 Access to information about protected witnesses restricted 102 120 Offence—unauthorised person must not access child sex offenders register 103 122 Registrable offender may correct child sex offenders register 103

Page contents 8 Crimes (Child Sex Offenders) Act 2005 122A Order for removal of registrable offender—application by chief police officer 104 122B Notice to victim of proposed application for order 105 122C Order for removal of registrable offender who was young offender at time of offence—application by offender 106 Chapter 5 Registrable offenders prohibited from child-related employment 123 What is employment? 109 124 What is child-related employment? 109 125 When is a person engaged in child-related employment? 112 126 Offence—offender must not apply for child-related employment 113 127 Offence—offender must not engage in child-related employment 113 128 Offence—person in child-related employment must disclose charges 113 130 Offence—person must disclose charges if applying for child-related employment 114 132 Offence—employer must keep information secret 114 132A Definitions—ch 5A 117 132AA Delegation 118 132B Application for prohibition order 119 132C CYP director-general’s report 120 132D Court may make prohibition order 121 132E Matters court must consider before making prohibition order 123 132F Conduct that may be prohibited by prohibition order etc 125 132G Term of prohibition order 126 132H Court may make interim prohibition order 127 132I Term of interim prohibition order 128

Page contents 9 132J Extending interim prohibition order if application for prohibition order adjourned 129 Part 5A.4 Amending or revoking prohibition and interim prohibition orders 132K Application to amend or revoke prohibition order or interim prohibition order 130 132L Court may amend or revoke prohibition order or interim prohibition order 131 132M Application for registration of corresponding prohibition order 133 132N Registration of corresponding prohibition order—no amendment 134 132O Notice of registration of unamended corresponding prohibition order 134 132P Registration of corresponding prohibition order—with amendment 136 132Q Term of registered corresponding prohibition order 137 132R Application to amend or cancel registration of registered corresponding prohibition order 138 132S Court may amend or cancel registration of registered corresponding prohibition order 139 132T Definitions—pt 5A.6 140 132U Appointing litigation guardian for person with legal disability 140 132V Functions of litigation guardian 141 132W Removal of litigation guardian 142 132X Representation of parties with legal disability 142 Part 5A.7 Other provisions about orders prohibiting offender conduct 132Y Court sets return date 143 132Z Service of applications 143 132ZA If personal service impractical or impossible 144 132ZB Court may issue warrant for person’s arrest 145 132ZC Giving copy of order to person not before court 145 132ZD Giving copy of order for young person etc 146

Page contents 10 Crimes (Child Sex Offenders) Act 2005 132ZE Explaining orders if person before court 147 132ZF Explaining orders if person not before court 148 132ZG Proceedings for orders to be closed to public 149 132ZH Offences—prohibition of publication of identity 150 132ZI Offence—contravention of prohibition order etc 151 132ZJ Offence—contravention of registered corresponding prohibition order 152 132ZK Matters relevant to reasonable excuse defence 153

Part 5A.9 Obtaining and disclosing particular information 132ZL Meaning of government agency—pt 5A.9 154 132ZM Chief police officer may require information about person 154 132ZN Chief police officer may give information about order to prescribed entities 155 132ZO Chief police officer may give information about order to person with parental responsibility for child at risk 156 132ZP Offence—prescribed entities and people with parental responsibility to keep information secret 156 132ZQ CYP director-general to be given information about young person 159 132ZR Certain material may be kept 159 132ZS Meaning of appealable decision—pt 5A.10 161 132ZT Appeals to Supreme Court 161 132ZU Powers of Supreme Court on appeal 162

Chapter 5B Notification and review of decisions 132ZV Meaning of reviewable decision—ch 5B 163 132ZW Reviewable decision notices 163 132ZX Applications for review 163

133 Approved forms 164

Page contents 11 133A Offence—secrecy 164 133B Offence—failure to tell chief police officer about application to change offender’s name 166 134 Protection from liability 166 135 Effect of spent convictions 167 136 Evidentiary certificates 167 137 Regulation-making power 168 Schedule 1 Class 1 offences 171 Part 1.1 Offences against ACT legislation 171 Part 1.2 Offences against other legislation 174 Schedule 2 Class 2 offences 177 Part 2.1 Offences against ACT legislation 177 Part 2.2 Offences against other legislation 180 Schedule 3 Reviewable decisions 187 Dictionary 188 1 About the endnotes 195 2 Abbreviation key 195 3 Legislation history 196 4 Amendment history 201 5 Earlier republications 216 6 Expired transitional or validating provisions 219

An Act about registration and reporting requirements for certain offenders who commit sexual offences against children, and for other purposes

1 Name of Act This Act is the Crimes (Child Sex Offenders) Act 2005.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘witness protection program—see the Witness Protection Act 1996, dictionary.’ means that the term ‘witness protection program’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Chapter 1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Purpose and outline (1) The purpose of this Act is to— (a) require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time— (i) to reduce the likelihood that they will reoffend; and (ii) to facilitate the investigation and prosecution of future offences that they may commit; and (b) prevent registrable offenders working in child-related employment; and (c) prohibit registrable offenders from engaging in conduct that poses a risk to the lives or sexual safety of children. (2) In outline, this Act— (a) provides for the establishment of a child sex offenders register; and

(b) requires certain offenders who are sentenced for registrable offences to report particular personal details for inclusion in the child sex offenders register; and (c) allows the sentencing court to order young offenders to comply with the reporting obligations of the Act; and (d) requires the offenders to keep their details up to date, to report their details annually and to also report certain travel details; and (e) imposes the reporting obligations for a period of between 4 years and life, depending on the number, severity and timing of the offences committed, and the age of the offender when an offence was committed; and (f) allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and (g) makes it an offence for registrable offenders to work in child-related employment; and (h) allows the chief police officer to apply to the Magistrates Court for orders prohibiting registrable offenders from engaging in conduct that poses a risk to the lives or sexual safety of children. Note The Ombudsman Act 1989 authorises the ombudsman to monitor compliance with this Act, pt 3.11 (Entry and search warrants) and ch 4 (Child sex offenders register).

7 Meaning of finding of guilt (1) For this Act, a reference to a finding of guilt (however expressed) in relation to an offence committed by a person is a reference to any of the following: (a) a court making a formal finding of guilt in relation to the offence; (b) a court accepting a plea of guilty from the person in relation to the offence;

Preliminary Chapter 1 (c) an offence taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence, or an admission (however described) being accepted in relation to the offence under a corresponding provision of a foreign law; (d) an order (however described) being made in relation to the offence under— (i) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); or (ii) a provision of a foreign law corresponding to a provision mentioned in subparagraph (i); (e) a finding (however expressed) under the Crimes Act 1900, division 13.3 or the Criminal Code, section 28 (7) of not guilty because of mental impairment, or a finding under a corresponding provision of a foreign law. (2) For this Act, a reference to a finding of guilt (however expressed) in relation to an offence does not include a reference to— (a) a finding of guilt mentioned in subsection (1) (c) if— (i) the offence was taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence; and (ii) the decision to take the offence into account is subsequently quashed or set aside by a court; or (b) a finding of guilt mentioned in subsection (1) (c) if— (i) an admission (however described) was accepted in relation to the offence under a corresponding provision of a foreign law; and

(ii) the decision to accept the admission is subsequently quashed or set aside by a court; or (c) in any other case—a finding of guilt that is subsequently quashed or set aside by a court. (3) For this section, a reference to taking into account an offence includes the taking into account of the offence under the Crimes Act 1900, section 357 (repealed).

8 Who is a registrable offender? (1) A person is a registrable offender if the person— (a) is sentenced by a court for a registrable offence; or (b) is the subject of a child sex offender registration order; or (c) is a prescribed corresponding offender. Note 1 Sentence is broadly defined for this Act (see dict, def sentence). Note 2 This Act applies to people sentenced by a court of a foreign jurisdiction for certain offences against the law of that jurisdiction (see dict, def court and s 10, def registrable offence). Note 3 This Act applies to certain people who are registrable offenders for corresponding laws of foreign jurisdictions, even though they are not registrable offenders under this Act (see div 3.2.3 (People required to report under corresponding law)). (2) A person is also a registrable offender if— (a) the person has been sentenced by a court for a registrable offence before the commencement of this Act; and (b) the person is— (i) a prescribed corresponding offender; or (ii) a person who, because of a sentence for a registrable offence, was under the supervision of a supervising authority immediately before the commencement of (3) This section is subject to the following sections: • section 9 (Registrable offender—exceptions) • section 13 (Effect of quashing of finding of guilt etc).

9 Registrable offender—exceptions (1) A person is not a registrable offender only because— (a) a court has made an order against the person for a class 1 or class 2 offence under— (i) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); or (ii) a provision of a foreign law corresponding to a provision mentioned in subparagraph (i); or (b) the person has been sentenced for a single class 2 offence, and the sentence did not include— (i) a term of imprisonment; or (ii) a requirement that the person be under the supervision of a supervising authority or anyone else; or (c) the person, as a young person, has been sentenced for— (i) a single offence mentioned in schedule 2 (Class 2 offences), part 2.1 (Offences against ACT legislation), item 3, 4 or 10; or (ii) a single class 1 or class 2 offence prescribed by regulation. Note The offence mentioned in— • sch 2, pt 2.1, item 3 is against the Crimes Act 1900, s 61 (1) (act of indecency with young person) • sch 2, pt 2.1, item 4 is against the Crimes Act 1900, s 61 (3) (act of indecency with young person) • sch 2, pt 2.1, item 10 is against the Crimes Act 1900, s 65 (1) (possessing child exploitation material).

(2) A person is not a registrable offender only because the person has been sentenced for an offence mentioned in schedule 2, part 2.2, item 15 if the court considers, on application by the defence, that the person does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally. Note The offence mentioned in that item is against the Commonwealth Criminal Code, s 273A.1 (Possession of child-like sex dolls etc). (3) A person is not a registrable offender if— (a) the person was a young person at the time the registrable offence was committed; and (b) a court considers, on application by the defence, that including the person on the register is inappropriate in the circumstances of the case. (4) In making a decision for subsection (3) (b), the court must consider— (a) the severity of the offence and the seriousness of the circumstances surrounding the commission of the offence; and (b) the age of the person at the time of the offence; and (c) the level of harm to the victim and the community caused by the (d) any attempts at rehabilitation by the person; and (e) whether the person poses a risk to the lives or sexual safety of (f) any other circumstances that the court considers relevant. (5) This section does not apply to a person who is a prescribed corresponding offender.

(6) In this section: single offence includes a reference to more than 1 offence of the same kind arising from the same incident. Note Offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person (see dict, def same incident).

10 What is a registrable offence? registrable offence means— (a) a class 1 offence; or (b) a class 2 offence; or (c) in relation to a person for whom a child sex offender registration order is made—an offence because of which the order was made. Note If a person is found guilty of an offence that is not a class 1 or class 2 offence, the court may make a child sex offender registration order in relation to the person (see s 15). A child sex offender registration order is an order declaring that the person is a registrable offender for this Act (see s 14). (2) A class 1 offence is an offence mentioned in schedule 1, part 1.1 or part 1.2, column 2, committed in the circumstances (if any) mentioned in column 4 for the offence. (3) A class 2 offence is an offence mentioned in schedule 2, part 2.1 or part 2.2, column 2, committed in the circumstances (if any) mentioned in column 4 for the offence.

11 Who is a prescribed corresponding offender? prescribed corresponding offender means— (a) a person who— (i) has been convicted of an offence, or is subject to an order corresponding, or substantially corresponding, to a non-conviction order under the Crimes (Sentencing) Act 2005, in a foreign jurisdiction in relation to an offence; and (ii) has been required, at any time (whether before or after the commencement of this Act), to report to the corresponding registrar of the foreign jurisdiction in relation to the (iii) would, if the person were currently in the foreign jurisdiction, be required to report to the corresponding registrar of the jurisdiction in relation to the offence; or (b) a person prescribed by regulation. Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48). (2) However, a person is not a prescribed corresponding offender if the chief police officer decides the person should not be a prescribed corresponding offender under section 11A.

11A Chief police officer to decide if certain people prescribed corresponding offenders (1) This section applies to a prescribed corresponding offender under section 11 (1) (a) because the person is subject to an order corresponding, or substantially corresponding, to a non-conviction order under the Crimes (Sentencing) Act 2005 in a foreign jurisdiction in relation to an offence.

(2) As soon as practicable after the person becomes a prescribed corresponding offender (and not later than 28 days after information about the person is included on the child sex offenders register under section 117), the chief police officer must decide whether the person should be a prescribed corresponding offender. Note A decision under s (2) is a reviewable decision (see s 132ZV), and the chief police officer must give a reviewable decision notice to the person (see s 132ZW). (3) In making a decision under subsection (2), the chief police officer must consider— (a) the severity of the offence; and (b) the age of the person at the time of the offence; and (c) the level of harm to the victim and the community caused by the (d) the period for which the person was reporting to the corresponding registrar of the foreign jurisdiction; and (e) compliance by the person with any reporting and sentencing obligations; and (f) any attempts at rehabilitation by the person; and (g) whether the person poses a risk to the lives or sexual safety of (h) any other circumstances that the chief police officer considers relevant. (4) If the chief police officer decides that a person should not be a prescribed corresponding offender, the chief police officer must remove the person from the child sex offenders register.

12 Appeal proceedings irrelevant For this division, it is irrelevant whether or not a person may begin, or has begun, an appeal for a finding of guilt, sentence or child sex offender registration order.

13 Effect of quashing of finding of guilt etc (1) A person stops being a registrable offender if— (a) the person is a registrable offender because of only a single finding of guilt for a registrable offence and either— (i) the finding of guilt is quashed or set aside by a court; or (ii) the person’s sentence for the offence is reduced or otherwise amended on appeal so that the person would have been a person mentioned in section 9 (1) (b) or (c) had the amended sentence been the original sentence; or (b) the person is a registrable offender only because the person is subject to a child sex offender registration order and the order is quashed or set aside on appeal. (2) However, the person does not stop being a registrable offender under subsection (1) (a) (i) if the court orders that the person be retried for the registrable offence.

Division 2.2.1 Child sex offender registration orders—generally Part 2.2 Child sex offender registration orders Division 2.2.1 Child sex offender registration orders—generally 14 What is a child sex offender registration order? A child sex offender registration order, in relation to a person, is— (a) an order made under section 15 (1) or section 18C; or (b) a corresponding child sex offender registration order.

Division 2.2.2 Orders for offenders guilty of offence other than class 1 or class 2 offence

15 Court may make child sex offender registration order (1) If a person is found guilty of an offence that is not a class 1 or class 2 offence, the court sentencing the person for the offence may make a child sex offender registration order in relation to the person. (2) This section is subject to the following sections: • section 16 (Court may only make order if person risk to sexual safety) • section 17 (Court may only make order with sentence) • section 18 (Court may only make order on prosecution application). 16 Court may only make order if person risk to sexual safety (1) The court may make a child sex offender registration order only if, after taking into account anything the court considers appropriate, the court is satisfied that the person poses a risk to the sexual safety of 1 or more people or of the community.

Child sex offender registration orders Part 2.2 Orders for certain previous offenders Division 2.2.3 (2) For subsection (1), it is not necessary that the court can identify a risk to particular people, or a particular class of people.

17 Court may only make order with sentence (1) The court may make a child sex offender registration order in relation to a person for an offence only if it imposes a sentence on the person for the offence, and must make the child sex offender registration order concurrent with the sentence. sentence, for an offence, does not include an order against a young offender under the Crimes (Sentencing) Act 2005, section 13, 17, 18, 19, or 27.

18 Court may only make order on prosecution application The court may make a child sex offender registration order only if an application for the order is made by the prosecution.

18A Meaning of previous offender—div 2.2.3 For this division, a person is a previous offender if the person has been found guilty of a class 1 offence before the commencement of

18B Application for child sex offender registration order in relation to previous offender (1) The chief police officer may apply to the Magistrates Court for a child sex offender registration order in relation to a person if the chief police officer believes on reasonable grounds that— (a) the person is a previous offender; and (b) the person poses a risk to the lives or sexual safety of 1 or more people or of the community.

(2) For subsection (1) (b), it is not necessary for the court to be satisfied of a risk to a particular person or class of people. (3) The application must include— (a) any information or material relevant to the application (regardless of whether the information or material supports the application); and (b) details of whether an application under this section has previously been made in relation to the person.

18C Court may make child sex offender registration order in relation to previous offender (1) The Magistrates Court may, on application under section 18B, make a child sex offender registration order in relation to a person if, by evidence on oath and after taking into account anything it considers appropriate, the court is satisfied that— (a) the person is a previous offender; and (b) the person poses a risk to the lives or sexual safety of 1 or more people or of the community; and (c) making the order will reduce the risk; and (d) having regard to the matters in section 18D, the order is appropriate. (2) The application for the order may be heard, and the order made, in the person’s absence if the court is satisfied that the application was served— (a) personally on the person; and (b) on anyone else as directed by the court.

Child sex offender registration orders Part 2.2 Orders for certain previous offenders Division 2.2.3

18D Matters court must consider before making registration order in relation to previous offender (1) For section 18C (1) (d), the matters are as follows: (a) for each offence for which the person is a previous offender— (i) the seriousness of the offence; and (ii) the period since the offence was committed; and (iii) the person’s and victim’s ages, and the difference in age between them, when the person committed the offence; (b) the person’s age; (c) the seriousness of the person’s criminal history; (d) whether the level of risk that the person may commit another registrable offence outweighs the effect of the order on the person; (e) the person’s circumstances, to the extent that they relate to the order sought. 1 the person’s accommodation, employment, health, cultural and social needs 2 the need to integrate the person into the community (2) The court may have regard to anything else the court considers relevant. criminal history, about a person, means a finding of guilt against the person for a class 1 or class 2 offence.

18E Keeping documents connected with order If the Magistrates Court makes a child sex offender registration order in relation to a previous offender, the chief police officer must, for the duration of the order, keep a copy of— (a) the application made under section 18B; and (b) any document relied upon for the application.

Definitions for ch 3 Part 3.1

19 What is a reporting obligation? reporting obligation, for a registrable offender, means the offender’s obligation under a reporting obligation provision.

20 What is a reporting obligation provision? In this Act, each of the following is a reporting obligation provision: (a) section 22 (Offender in custody at commencement of Act must (b) section 23 (Offender must report after sentencing); (c) section 24 (Offender entering ACT must report); (d) section 25 (Prescribed corresponding offender must report); (e) section 28 (Offender later sentenced for registrable offence must (f) section 29 (Offender who later becomes prescribed corresponding offender must report); (g) section 30 (Offender whose reporting suspension ceases must (h) section 34 (Offender entering ACT must make contact); (i) section 37 (Offender must report annually); (j) section 42 (Offender leaving ACT must report travel details); (k) section 45 (Offender outside ACT must report travel details);

(l) section 46 (Offender outside ACT must report change of travel details); (m) section 47 (Offender must report return to ACT); (n) section 48 (Offender must report decision not to leave ACT); (o) section 49 (Offender must report regular travel); (p) section 54 (Offender in ACT must report change of details); (q) section 55 (Offender returning to ACT must report change of details); (r) section 56 (Offender leaving custody must report).

When registrable offender must make initial report of personal details Division 3.2.1

Division 3.2.1 When registrable offender must make initial report of personal details

22 Offender in custody at commencement of Act must report (a) was in government custody immediately before the commencement of this Act; and (b) later stops being in government custody in the ACT. (a) within 7 days after the day the offender stops being in government custody (excluding days in government custody); or (b) if the offender leaves the ACT (other than in government custody) within the 7 days—before leaving the ACT. subsection (2) (a).

Division 3.2.1 When registrable offender must make initial report of personal details

23 Offender must report after sentencing (1) A registrable offender who is sentenced in the ACT for a registrable offence must report the offender’s personal details, in person, to the chief police officer at an approved reporting place— (a) if the offender is not in, or does not begin, full-time government custody on the day the offender is sentenced for the registrable offence—within 7 days after the day the offender is sentenced for the registrable offence (excluding days in government (b) if the offender is in, or begins, full-time government custody on the day the offender is sentenced for the registrable offence and later stops being in full-time government custody in the ACT— within 7 days after the day the offender stops being in full-time government custody (excluding days in government custody); or (2) This section does not apply if the registrable offender’s reporting

When registrable offender must make initial report of personal details Division 3.2.1

24 Offender entering ACT must report (a) enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody); and (b) has not previously reported the offender’s personal details to the chief police officer. offender has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in

Division 3.2.1 When registrable offender must make initial report of personal details

25 Prescribed corresponding offender must report (1) This section applies to a prescribed corresponding offender who— (a) is in the ACT on the day the offender becomes a prescribed corresponding offender; and (b) has not previously reported the offender’s personal details to the chief police officer. (2) The prescribed corresponding offender must report the offender’s personal details, in person, to the chief police officer at an approved reporting place— offender becomes a prescribed corresponding offender—within 7 days after the day the offender becomes a prescribed corresponding offender (excluding days in government becomes a prescribed corresponding offender and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (3) This section does not apply if the prescribed corresponding offender’s reporting period has ended before the end of the period within which the report must be given.

When registrable offender must make new initial report of personal Division 3.2.2 26 Exception—offender’s reporting obligations suspended 27 Exception—protected registrable offender Division 3.2.2 When registrable offender must make new initial report of personal details 28 Offender later sentenced for registrable offence must report (1) A registrable offender whose reporting period has ended and is later sentenced in the ACT for a registrable offence (the later registrable offence) must report the offender’s personal details, in person, to the chief police officer at an approved reporting place— offender is sentenced for the later registrable offence—within 7 days after the day the offender is sentenced for the later registrable offence (excluding days in government custody); or

Division 3.2.2 When registrable offender must make new initial report of personal is sentenced for the later registrable offence and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days (2) This section does not apply if the registrable offender’s reporting period in relation to the later registrable offence has ended before the end of the period within which the report must be given.

29 Offender who later becomes prescribed corresponding offender must report (a) the offender’s reporting has ended; and (b) the offender is in the ACT on the day the offender later becomes a prescribed corresponding offender; and (c) the offender has not previously reported the offender’s personal details to the chief police officer.

When registrable offender must make new initial report of personal Division 3.2.2 offender later becomes a prescribed corresponding offender— within 7 days after the day the offender later becomes a prescribed corresponding offender (excluding days in later becomes a prescribed corresponding offender and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody period for the later offence has ended before the end of the period within which the report must be given.

30 Offender whose reporting suspension ceases must report (a) the offender’s reporting obligations are suspended by a suspension order, or an equivalent order under a corresponding law; and

Division 3.2.2 When registrable offender must make new initial report of personal (b) the offender is in the ACT on the day the suspension order ceases to have effect under section 101 (Suspension order ceases if offender reoffends) or an equivalent provision of a corresponding law. suspension order ceases to have effect—within 7 days after the day the suspension order ceases to have effect (excluding days (b) if the offender is in government custody on the day the suspension order ceases to have effect and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days

People required to report under corresponding law Division 3.2.3

31 Exception—offender’s reporting obligations suspended This division, other than section 30, does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order). 32 Exception—protected registrable offender Division 3.2.3 People required to report under corresponding law 33 Person entering ACT must make contact (1) This section applies to a person (other than a protected registrable offender) if the person has, at any time, been required to report to a corresponding registrar. (2) If the person enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody), the person must take all reasonable steps to contact (by telephone or another way prescribed by regulation) someone (a contact person) prescribed by regulation for this division— (a) if the person is not in government custody on the day the person has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or

(b) if the person is in government custody on the day the person has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in (c) if the person leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT. (3) If the person contacts a contact person, the contact person must tell the person— (a) whether the person is a registrable offender for this Act; and (b) if the person is a registrable offender—what the person’s reporting obligations are under this Act.

34 Offender entering ACT must make contact (1) This section applies to a registrable offender (other than a protected registrable offender) who— (a) has, at any time, been required to report under this Act or a corresponding law; and (b) enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody). (2) The registrable offender must— (a) either— (i) contact a contact person (by telephone or another way prescribed by regulation); or (ii) report the offender’s personal details, in person, to the chief police officer at an approved reporting place; and

People required to report under corresponding law Division 3.2.3 (b) must make the contact or report— (i) if the offender is not in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or (ii) if the offender is in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or (iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT. (3) This section does not apply if the offender’s reporting period has ended before the end of the period within which the report must be

35 Exception—person has already made contact This division does not apply to a person who enters the ACT, and remains in the ACT, if the person has previously contacted (by telephone or another way prescribed by regulation) a contact person in relation to that entry into the ACT.

36 Exception—offender’s reporting obligations suspended Section 34 does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under

Annual reporting Division 3.3.1

37 Offender must report annually (1) A registrable offender must— (a) attend, at a relevant time each year, an approved reporting place; and (b) report any changes to the offender’s personal details to the chief police officer at the approved reporting place; and (c) if the offender has been in government custody since the offender last reported under this Act—report to the chief police officer details of when and where the custody happened. (2) This section does not apply if the offender’s reporting period has ended before the relevant time for the offender’s report in the year. relevant time, in relation to a report by a registrable offender in a year, means before the end of the month in the year when the anniversary of the day the offender first reported under this Act or a corresponding law falls. J first reported his personal details to the chief police officer on 14 October 2015. J must make a further report of any changes to J’s details on or before 31 October 2016, 31 October 2017 (and so on).

38 Exception—offender in government custody This division does not apply to a registrable offender in relation to a year if the offender is in government custody at the end of the relevant time for the offender’s report in that year. J first reported his personal details to the chief police officer on 14 October 2005. However, J is in government custody from 1 October 2006 to 1 November 2006. Because of this section, J does not have to report his details on or before 31 October 2006. However, when J leaves custody, he will have to report any change to his personal details (see s 56).

39 Exception—offender outside ACT This division does not apply to a registrable offender in relation to a year if the offender is outside the ACT for the last 7 days before the relevant time for the offender’s report in that year. J first reported his personal details to the chief police officer on 14 October 2005. However, J is out of the ACT from 1 October 2006 to 1 November 2006. Because of this section, J does not have to report his details on or before 31 October 2006. However, J must report his intention to travel outside the ACT (see s 42) and, when J returns to the ACT for 7 days, he will have to report any change to his personal details (see s 55). 40 Exception—offender’s reporting obligations suspended

41 Exception—protected registrable offender 42 Offender leaving ACT must report travel details (a) leaves the ACT; and (b) intends to travel— (i) outside the ACT but within Australia for 7 or more consecutive days; or (ii) outside Australia. (2) The registrable offender must report the following details (the travel details), in person, to the chief police officer at least 7 days before leaving: (a) each State, Territory or foreign country where the offender intends to go while outside the ACT; (b) the approximate dates when the offender intends to be in each State, Territory or foreign country; (c) each address or location in each State, Territory or foreign country where the offender intends to live (to the extent that they are known) and the approximate dates when the offender intends to live at the addresses or locations;

(d) if the offender intends to return to the ACT—the approximate date when the offender intends to return; (e) if the offender does not intend to return to the ACT—a statement of that intention. period has ended before the offender leaves the ACT.

43 Defence—impracticable to report 7 days before leaving It is a defence to a prosecution of a registrable offender for an offence against section 58A (Offence—fail to report as required), in relation to a reporting obligation under section 42, if— (a) circumstances make it impracticable for the registrable offender to make the report at least 7 days before leaving the ACT; and (b) the offender makes the report at least 24 hours before leaving the ACT.

44 Offender not to be punished twice for failing to report travel A registrable offender is not liable to be punished for an offence against section 58A (Offence—fail to report as required), in relation to a reporting obligation under section 42, for travel outside the ACT if, in relation to that travel, the offender has been punished for failing to report the offender’s presence in a foreign jurisdiction as required under a corresponding law.

45 Offender outside ACT must report travel details (a) is outside the ACT; and (b) decides to stay outside the ACT but within Australia for 7 or more days. (2) The registrable offender must report the offender’s travel details (including details about the travel that has already been completed) to the chief police officer, in a way required under subsection (3), within 7 days after the day the decision to stay outside the ACT is made. (3) The registrable offender must make the report in 1 of the following ways: (a) by sending it by prepaid post, addressed as required by regulation; (b) by faxing it to a fax number prescribed by regulation; (c) by emailing it to an email address prescribed by regulation; (d) in another way prescribed by regulation. (5) In this section: travel details, for travel by a registrable offender—see section 42 (2).

46 Offender outside ACT must report change of travel (1) This section applies to a registrable offender if the offender— (a) is outside the ACT; and (b) decides to change any of the travel details given to the chief police officer.

(2) The registrable offender must report the changed travel details to the chief police officer, in a way required under subsection (3), within 7 days after the day the decision to change the travel details is made. (3) The registrable offender must make the report in 1 of the following ways: (a) by sending it by prepaid post, addressed as required by regulation; (b) by faxing it to a fax number prescribed by regulation; (c) by emailing it to an email address prescribed by regulation; (d) in another way prescribed by regulation.

47 Offender must report return to ACT (a) reported the offender’s travel details under section 42 (Offender leaving ACT must report travel details); and (b) leaves the ACT; and (c) returns to the ACT and remains in the ACT for 7 consecutive days (excluding days in government custody). (2) The registrable offender must, within 7 days after returning to the ACT— (a) report the offender’s return to the ACT to the chief police officer, in an approved way; and Note For approved ways of reporting, see s 63. Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).

(b) if the offender travelled outside Australia—give the chief police officer a copy of the offender’s passport and documents that verify or support the offender’s travel details. Examples—documents 1 an airline ticket 2 a receipt for payment of accommodation subsection (2).

48 Offender must report decision not to leave ACT (1) This section applies to a registrable offender if the offender— (a) reported the offender’s travel details under section 42 (Offender leaving ACT must report travel details) in relation to a proposed departure from the ACT; and (b) later decides not to leave the ACT. (2) The registrable offender must report the change of decision to the chief police officer, in an approved way, within 7 days after the offender decides not to leave the ACT. Note For approved ways of reporting, see s 63. Special provision is made for young offenders and offenders with a disability (see s 65 and s 66). subsection (2).

49 Offender must report regular travel (a) is required to make a report under a reporting obligation provision; and (b) when making the report, intends to travel outside the ACT, but within Australia, on an average of at least once a month (irrespective of the length of the absence). (2) The registrable offender must report the frequency and destination of the travel, in general terms, to the chief police officer in an approved way. Note 1 Reporting obligation provision—see s 20. Note 2 For approved ways of reporting, see s 63. Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).

50 Application to protected registrable offender This division applies to a protected registrable offender as if a reference to the ACT were a reference to the jurisdiction where the protected registrable offender generally lives.

51 Exception—protected registrable offender

Other reporting Division 3.3.3

52 Exception—offender in government custody This division does not apply to a registrable offender in relation to a report if the offender is in government custody when the report is required to be made.

53 Exception—offender’s reporting obligations suspended

54 Offender in ACT must report change of details (1) If a registrable offender’s personal details change while the offender is in the ACT, the offender must report the change to the chief police officer, in the way required under subsection (2)— (a) for personal details mentioned in section 59 (1) (e)—within 24 hours after the day the change happens (excluding days in (b) for any other personal details—within 7 days after the day the change happens (excluding days in government custody). (2) The registrable offender must report the change— (a) in person, at an approved reporting place, if the report is about a change in relation to— (i) the address of any of the premises where the offender generally lives or, if the offender does not generally live at particular premises, the name of any of the localities where the offender can generally be found; or (ii) details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed); or

(b) for any other change—in an approved way. Examples—other changes in personal details 1 ceasing employment with a particular employer 2 starting new employment Note 1 The personal details in s (2) (a) (i) and (ii) are required under s 59 (1), def personal details, par (d) and (i). Note 4 For approved ways of reporting, see s 63. (3) A change happens in the following personal details only at the end of the relevant 7 days or 3 days mentioned in section 60: (a) the premises where the offender generally lives; (b) the household in which the offender and a child generally live; (c) when the offender has unsupervised contact with a child; (d) the premises where the offender is generally employed; (e) the motor vehicle that the offender generally drives. (4) The Legislation Act, section 151A (Periods of time ending on non-working days) does not apply to subsection (1) (a). (5) This section does not apply if the registrable offender’s reporting

Other reporting Division 3.3.3

55 Offender returning to ACT must report change of details (a) any of the offender’s personal details change while the offender is outside the ACT; and (b) the offender enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody). (2) The registrable offender must report the change to the chief police officer, in the way required under subsection (3)— (a) for personal details mentioned in section 59 (1) (e)—within 24 hours after the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody); or (b) for any other personal details—within 7 days after the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody). Note For the offender’s personal details, see s 59. (3) The registrable offender must report the change— (a) in person, at an approved reporting place, if the report is about a change in relation to— (i) the address of any of the premises where the offender generally lives or, if the offender does not generally live at particular premises, the name of any of the localities where the offender can generally be found; or (ii) details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed); or

(b) for any other change—in an approved way. Note 1 The personal details in s (3) (a) (i) and (ii) are required under s 59 (1), def personal details, par (d) and (i). Note 4 For approved ways of reporting, see s 63.

56 Offender leaving custody must report (a) is in government custody for 7 or more consecutive days; and (b) leaves government custody in the ACT. (a) within 7 days after the day the offender stops being in government custody in the ACT (excluding days in government (b) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in paragraph (a)—before leaving the ACT.

Failing to report Division 3.3.4

57 Exception—offender’s reporting obligations suspended

58 Exception—protected registrable offender (1) Section 54 and section 56 do not apply to a registrable offender if— (2) Section 55 does not apply to a registrable offender if the offender is a protected registrable offender.

58A Offence—fail to report as required (1) A registrable offender commits an offence if the offender— (a) is required to report under a reporting obligation provision; and (b) is reckless as to whether the offender is required to report; and (c) fails to report as required by the reporting obligation provision.

(2) Strict liability applies to subsection (1) (c). (3) This section does not apply if the registrable offender has a reasonable excuse for failing to report as required by a reporting obligation provision. mentioned in s (3) (see Criminal Code, s 58). (4) In deciding whether a registrable offender has a reasonable excuse for failing to report as required by a reporting obligation provision, the court must have regard to the following: (a) the offender’s age; (b) whether the offender had, at the time of the failure to report, a disability that affected the offender’s ability to understand, or to comply with, the reporting provision; (c) whether the form of notice given to the offender about the reporting provision was adequate to tell the offender about the offender’s obligations under the reporting obligation provision, having regard to the offender’s circumstances;

59 What are personal details? personal details, for a registrable offender, means the following: (a) the offender’s name, together with any other name by which the offender is, or has previously been, known; (b) for each name other than the offender’s current name—the period when the offender was known by the other name; (c) the offender’s date of birth; (d) the address of each of the premises where the offender generally lives or, if the offender does not generally live at any particular premises, the name of each of the localities where the offender can generally be found; Note A registrable offender generally lives at particular premises only if the offender lives at the premises for at least 7 days (whether or not consecutive) in a period of 12 months (see s 60 (a)). (e) the names and ages of children— (i) who generally live in the same household as the offender; or (ii) with whom the offender has regular unsupervised contact; Note 1 A child generally lives in the same household as a registrable offender only if they live together in the household for at least 3 days (whether or not consecutive) in a period of 12 months (see s 60 (b)). Note 2 A registrable offender has regular unsupervised contact with a child only if the offender has unsupervised contact with the child for at least 3 days (whether or not consecutive) in a period of 12 months (see s 60 (c)).

(f) if the offender is employed— (i) the nature of the offender’s employment; and (ii) the name of the offender’s employer (if any); and (iii) the address of each of the premises where the offender is generally employed or, if the offender is not generally employed at any particular premises, the name of each of the localities where the offender is generally employed; Note A registrable offender is generally employed at particular premises only if the offender is employed at the premises for at least 7 days (whether or not consecutive) in a period of 12 months (see s 60 (d)). Employment is also dealt with in s 61. (g) details of the offender’s affiliation with any club or organisation that has child membership or child participation in its activities; (h) the make, model, colour, registration number, details of any modifications made, and any other particulars prescribed by regulation, of a motor vehicle owned by, or generally driven by, the offender; Note A registrable offender generally drives a particular motor vehicle only if the offender drives the vehicle on at least 7 days (whether or not consecutive) in a period of 12 months (see s 60 (e)). (i) details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed); (j) if the offender has ever been found guilty of a corresponding registrable offence—details of— (i) the offence; and (ii) when and where the finding of guilt happened; and (iii) any order made by a court in relation to the finding of guilt;

(k) if the offender has ever been found guilty under a corresponding law of an offence that required the offender to report to a corresponding registrar—details of— (i) the offence; and (ii) when and where the finding of guilt happened; and (iii) any order made by a court in relation to the finding of guilt; (l) if the offender has ever been subject to a corresponding child sex offender registration order—details of— (i) the order; and (ii) when and where the order was made; and (iii) the offence because of which the order was made; (m) if the offender has been in government custody since the offender was sentenced or released from government custody (as the case may be) for a registrable offence or corresponding registrable offence—details of when and where the government custody happened; (n) if, when making the report, the offender intends to travel outside the ACT, but within Australia, on an average of at least once a month (irrespective of the length of the absence)—in general terms, the frequency and destinations of the travel; (o) if the offender has ever been subject to a corresponding prohibition order—details of— (i) the order; and (ii) when and where the order was made; (p) details of any carriage service used by the offender; (q) details of any internet service provider or carriage service provider used by the offender;

(r) details of the kind of any internet connection used by the offender; wireless, broadband, ADSL or dial-up connection (s) details of any email addresses, internet user names, instant messaging user names, chat room user names or any other user name or identity used by the offender through the internet or another electronic communication service; (t) the passport number and country of issue of each passport held by the offender. carriage service—see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions). carriage service provider—see the Telecommunications Act 1997 (Cwlth), section 87 (Carriage service providers). corresponding prohibition order means an order made under a law of a foreign jurisdiction that substantially corresponds to a prohibition order or interim prohibition order. internet service provider—see the Online Safety Act 2021 (Cwlth), section 19 (Internet service providers).

60 Meaning of some concepts in s 59 For section 59— (a) a registrable offender generally lives at particular premises only if the offender lives at the premises for at least 7 days (whether or not consecutive) in a period of 12 months; and (b) a child generally lives in the same household as a registrable offender only if they live together in the household for at least 3 days (whether or not consecutive) in a period of 12 months; and

(c) a registrable offender has regular unsupervised contact with a child only if the offender has unsupervised contact with the child for at least 3 days (whether or not consecutive) in a period of 12 months; and (d) a registrable offender is generally employed at particular premises only if the offender is employed at the premises for at least 7 days (whether or not consecutive) in a period of 12 months; and (e) a registrable offender generally drives a particular motor vehicle only if the offender drives the vehicle on at least 7 days (whether or not consecutive) in a period of 12 months.

61 Meaning of employment in s 59 (1) For section 59, a registrable offender is employed if the offender— (a) carries out work under a contract of employment; or (b) carries out work as a self-employed person or as a subcontractor; or (c) carries out work as a volunteer for an organisation; or (d) carries out work for a business without pay or as a volunteer; or (e) undertakes practical training as part of an educational or vocational course; or (f) carries out work as a minister of religion or in another capacity for a religious organisation. (2) For section 59, a person is an employer if the person— (a) arranges, in the course of business, for the registrable offender to be employed by someone else; or (b) engages the offender under contract to carry out work; or (c) engages the offender to carry out work without pay or as a volunteer.

62 Application of s 59 to protected registrable offender Section 59 applies to a protected registrable offender as if a reference to the ACT were a reference to the jurisdiction where the offender generally lives.

63 How is a report made in an approved way? For this Act, a registrable offender makes a report in an approved way if the offender makes the report— (a) in person; or (b) in another way prescribed by regulation. Note A registrable offender reports in person at a place only if the offender

64 Where are approved reporting places? approved reporting place, for a registrable offender, means— (a) if a direction is given to the offender under a regulation about a police station where the report is to be made—at the police station directed; or (b) at another place prescribed by regulation.

65 Reports by young offenders (1) A registrable offender is taken to have made a report in person if— (a) the offender is a young person; and

How report is to be made Division 3.4.2 (b) 1 of the following people makes the report, in person, for the (i) a person with parental responsibility for the offender; or (ii) if a person with parental responsibility for the offender is unavailable, or is unacceptable to the offender—someone else (other than a police officer) who can represent the interests of the offender and who is, as far as is practicable in the circumstances, acceptable to the offender; and (c) the offender accompanies the person when the person makes the report. (2) A registrable offender is taken to have made a report in another way if— (a) the offender is a young person; and (b) 1 of the following people makes the report in that way for the (i) a person with parental responsibility for the offender; or (ii) if a person with parental responsibility for the offender is unavailable, or is unacceptable to the offender—someone else (other than a police officer) who can represent the interests of the offender and who is, as far as is practicable in the circumstances, acceptable to the offender.

66 Reports by offenders with disability (1) A registrable offender is taken to have made a report in person if— (a) the offender has a disability that makes it impracticable for the offender to make a report in person; and (b) 1 of the following people makes the report, in person, for the (i) the offender’s parent or guardian;

(ii) the offender’s carer; (iii) someone else nominated by the offender; and (c) the offender accompanies the person when the person makes the report (unless the offender’s disability makes it impracticable). (2) A registrable offender is taken to have made a report in another way if— (a) the registrable offender has a disability that makes it impracticable for the offender to make a report in that way; and (b) 1 of the following people makes the report in that way for the (i) the offender’s parent or guardian; (ii) the offender’s carer; (iii) someone else nominated by the offender.

67 Regulation about reports not made in person For a report made otherwise than in person, a regulation may prescribe— (a) when information about the identity of the person making the report is required; and (b) when a document verifying or supporting details in the report is required; and (c) how the information mentioned in paragraph (a) or a document mentioned in paragraph (b) is to be provided.

68 Police officers who may receive reports Only a police officer approved for the purpose by the chief police officer may receive a report made under this chapter.

69 Police officer receiving report may arrange interpreter (1) A police officer receiving a report under this chapter may arrange for an interpreter to be available. (2) A police officer receiving the report may allow an interpreter to be present only if the interpreter has signed an undertaking not to disclose information derived from the report unless required or authorised by law. Division 3.4.3 Additional provisions for reports made in person

70 Offence—offender reporting in person must provide identification etc (1) A registrable offender commits an offence if— (a) the offender is required to make a report in person under a reporting obligation provision; and (b) the offender makes the report in person, or accompanies someone else who makes the report in person for the offender; and (c) the offender or other person does not take all reasonable steps to— (i) present for inspection the offender’s Australian driver licence (if any) or another form of identification, or other document, prescribed by regulation to verify or support details in the report; and (ii) provide a photograph of the offender’s head and face of a kind suitable for use in an Australian passport.

(2) In deciding whether a registrable offender took all reasonable steps to comply with subsection (1) (c), the court must have regard to the (a) the offender’s age; (b) whether the offender had, at the time of failing to comply with subsection (1) (c), a disability that affected the offender’s ability to understand, or to comply with, that subsection; (c) whether the form of notice given to the offender about the offender’s obligation under subsection (1) (c) was adequate to tell the offender about the obligation, having regard to the offender’s circumstances;

71 Offence—person reporting in person for offender must provide identification (1) A person commits an offence if— (a) an offender is required to make a report in person under a reporting obligation provision; and (b) the person makes the report, in person, for the offender; and

(c) the person does not take all reasonable steps to present for inspection the person’s Australian driver licence (if any) or another form of identification, or other document, prescribed by regulation for this section. Note A person may make a report for an offender if the offender is a young person or has a disability that makes it impracticable for the offender to make a report in person (see s 65 and s 66). (2) In deciding whether a person took all reasonable steps to comply with subsection (1) (c), the court must have regard to the following: (a) the person’s age; (b) whether the person had a disability that affected the person’s ability to understand, or to comply with, subsection (1) (c); (c) whether the form of notice given to the person about the person’s obligation under subsection (1) (c) was adequate to tell the person about the obligation, having regard to the person’s circumstances;

72 Identification documents may be copied A police officer receiving a report under this chapter may copy a document presented to the police officer for inspection under section 70 or section 71.

73 Right to privacy when reporting in person A person making a report under this chapter in person is entitled to make the report outside the hearing of members of the public.

74 Right to have support person when reporting in person (1) A person making a report under this chapter in person is entitled to be accompanied by a support person of the person’s own choosing. (2) A young person making a report under this chapter in person must be accompanied by—

75 Offender reporting in person may be fingerprinted to confirm identity (1) A police officer receiving a report made in person under this chapter may take, or may authorise someone else to take, the fingerprints of the registrable offender if the police officer— (a) has examined all the material relating to identity provided or presented by, or for, the offender; but (b) is not satisfied on reasonable grounds about the identity of the offender. (2) A young person’s fingerprints may only be taken in the presence of—

(3) To remove any doubt, subsection (2) does not limit the people who may be present. (4) This section does not apply to a young person who is under 16 years old.

76 Offender to be told why fingerprints needed Before a registrable offender’s fingerprints are taken under section 75, the police officer must tell the offender, in language likely to be understood by the offender— (a) why the fingerprints are to be taken and why the police officer is not satisfied about the offender’s identity; and (b) that it is an offence for the offender to fail to take all reasonable steps to allow the offender’s fingerprints to be taken; and (c) that the fingerprints will be kept by the chief police officer.

77 Offence—offender must allow fingerprinting A registrable offender commits an offence if— (a) a police officer receiving a report decides, under section 75, to take, or authorise someone else to take, the fingerprints of the (b) the offender fails to take all reasonable steps to allow the offender’s fingerprints to be taken.

78 Photographing offender (1) A police officer receiving a report made in person by or for a registrable offender may require the offender— (a) to be photographed; or (b) to expose any part of the offender’s body to enable that part of the body to be photographed by the officer or another person authorised by the officer. Note See s 79 (2) for a restriction relevant to par (b). (2) Force may not be used in photographing a registrable offender except in accordance with an order of a magistrate under section 78A. (3) Before a registrable offender’s photograph is taken, the police officer must tell the offender, in language likely to be understood by the offender— (a) why the photographs are being taken; and (b) that it is an offence not to comply with the requirement to be photographed; and (c) that the photographs will be kept by the chief police officer. (4) A registrable offender commits an offence if— (a) a police officer requires the offender to be photographed under this section; and (b) the offender does not comply with the requirement.

78A Order allowing use of force for photographing offender (1) A magistrate may, on application by a police officer, order the photographing of a registrable offender if satisfied on the balance of probabilities that— (a) a police officer has required the offender to be photographed under section 78 and the offender has failed to comply with the requirement; and (b) there are reasonable grounds to believe that photographing the offender is likely to assist law enforcement, crime prevention or child protection purposes; and (c) allowing reasonable force to be used in photographing the offender is justified in all the circumstances. (2) For subsection (1) (c), the magistrate must consider the following: (a) the seriousness of the circumstances surrounding the commission of each offence that resulted in the offender being on the register and the severity of each offence; (b) the age, mental health and cultural background of the offender, to the extent that they are known by the magistrate; (c) if the offender gives any reasons for not complying with the requirement—the reasons; (d) any other circumstances that the magistrate considers relevant. (3) An application under this section must be— (a) made in writing; and (b) supported by evidence on oath or by affidavit dealing with the matters mentioned in this section.

79 Right to privacy when being photographed (1) A photograph taken under section 78 or section 78A must be taken— (a) in a place where no members of the public are present; and (b) by a person of the same sex as the registrable offender. (2) A police officer cannot require an offender who is to be photographed under section 78 or section 78A to expose for that purpose— (a) the offender’s genitals; or (b) the anal area of the offender’s buttocks; or (c) if the offender is female, or a transgender or intersex person who identifies as female—the offender’s breasts. (3) A police officer present in a place while a photograph is being taken under this section must be of the same sex as the registrable offender. (4) If the offender is a transgender or intersex person who identifies as female, the offender is taken to be female for this section. (5) If the offender is a transgender or intersex person who identifies as male, the offender is taken to be male for this section.

80 Right to have support person when being photographed (1) A registrable offender to be photographed under section 78 or section 78A is entitled to be accompanied by a support person of the offender’s choosing. (2) A young person to be photographed under section 78 or section 78A must be accompanied by—

Report to be acknowledged Division 3.4.4 Division 3.4.4 Report to be acknowledged

81 Receipt of report to be acknowledged (1) A police officer who receives a report under this chapter must acknowledge the making of the report as soon as practicable, but no later than 14 days after the day the police officer receives the report. (2) The acknowledgment must— (a) be in writing; and (b) be given to the person who made the report; and (c) include the name and signature of the police officer who received the report; and (d) state how the report was made; and (e) state the date and time when the report was received; and (f) if the report was made in person—state the place where the report was made; and (g) include a copy of the information reported. (3) The chief police officer must ensure that a copy of every acknowledgment is kept.

82 Documents, fingerprints, photographs may be kept (1) The chief police officer may, during a registrable offender’s reporting period, keep for law enforcement, crime prevention or child protection purposes any of the following taken under this part from, or in relation to, the offender: (a) copies of documents; (b) fingerprints; (c) photographs. (2) At the end of the registrable offender’s reporting period, the chief police officer must ensure that any item that is being kept under subsection (1) is destroyed.

Reporting period Part 3.5

83 When reporting period begins (1) A registrable offender’s (other than a previous offender’s) reporting period for a registrable offence begins at the later of the following times: (a) when the offender is sentenced for the offence; (b) if the offender is in, or begins, full-time government custody on the day the offender is sentenced for the registrable offence— when the offender stops being in full-time government custody. (2) A previous offender’s reporting period for a registrable offence begins at the later of the following times: (a) when the offender was sentenced for the offence; (b) if the offender was in full-time government custody on the day the offender was sentenced for the registrable offence—when the offender stopped or stops being in full-time government custody.

84 Reporting period—single class 1 offence—15 years If the only registrable offence that a registrable offender has ever been found guilty of is a single class 1 offence, the offender’s reporting period is 15 years.

85 Reporting period—single class 2 offence—8 years If the only registrable offence that a registrable offender has ever been found guilty of is a single class 2 offence, the offender’s reporting period is 8 years.

86 Reporting period—2 class 2 offences—15 years If the only registrable offences that a registrable offender has ever been found guilty of are 2 class 2 offences, the offender’s reporting period is 15 years.

87 Reporting period—multiple offences—life (1) If a registrable offender has been found guilty of 2 registrable offences and 1 or both of the offences is a class 1 offence, the registrable offender’s reporting period is the rest of the offender’s life. (2) If a registrable offender has been found guilty of more than 2 registrable offences, the offender’s reporting period is the rest of the offender’s life. Note A life-long reporting obligation may be suspended under s 97 (Supreme Court may make suspension order).

88 Offences committed before commencement of Act used to work out length of reporting period A reference to an offence in any of the following sections includes an offence committed before the commencement of the section: (a) section 84 (Reporting period—single class 1 offence— 15 years); (b) section 85 (Reporting period—single class 2 offence—8 years); (c) section 86 (Reporting period—2 class 2 offences—15 years); (d) section 87 (Reporting period—multiple offences—life).

Reporting period Part 3.5

89 Reduced reporting period for young offenders (1) If a registrable offender was a young person when the offender committed each registrable offence, the offender’s reporting period is 71/2 years. (2) However, if the only registrable offence that the offender has ever been found guilty of is a single class 2 offence, the offender’s reporting period is 4 years.

90 Offences arising from same incident taken as 1 offence (1) For this part, 2 or more offences arising from the same incident are to be treated as a single offence. (2) For this part, 2 or more offences arising from the same incident are to be treated as a single class 1 offence if 1 or more of the offences is a class 1 offence. Note Offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person (see dict, def same incident).

91 Reporting period for person subject to child sex offender registration order For this part, if a court makes a child sex offender registration order in relation to a person for an offence, the person is taken to be a registrable offender found guilty of a class 2 offence. Note A court may make a child sex offender registration order if a person is found guilty of an offence that is not a class 1 or class 2 offence and the court is satisfied that the person poses a risk to the sexual safety of 1 or more people or of the community (see s 15).

92 Extended reporting period for offenders on parole (a) a registrable offender is on parole for a registrable offence; and (b) the reporting period for the offence will end before the end of the term of the sentence of imprisonment to which the parole relates. (2) Despite anything in this part, the registrable offender’s reporting period is extended until the end of the term of imprisonment to which the parole relates.

93 Extended reporting period for offender in custody If a registrable offender spends time in government custody, the offender’s reporting period is extended by the length of time the offender is in custody.

94 Reporting period for prescribed corresponding offenders (1) Despite anything in this part, the reporting period for a prescribed corresponding offender is the period the offender would be required to report to the corresponding registrar of a foreign jurisdiction in the circumstances described in section 11 (1) (a) (Who is a prescribed corresponding offender?). (2) If the prescribed corresponding offender is a prescribed corresponding offender under a law of more than 1 foreign jurisdiction, the offender’s reporting period is the longest of the reporting periods of the foreign jurisdictions that apply to the offender.

Suspension of reporting obligations Part 3.6

Part 3.6 Suspension of reporting obligations

95 Pt 3.6 only applies to offender with life-long reporting period This part applies only to a registrable offender whose reporting period under part 3.5 (Reporting periods) is the rest of the offender’s life.

96 Eligibility of offender to apply for suspension order A registrable offender is eligible to apply for an order suspending the offender’s reporting obligations (a suspension order) only if— (a) 15 years have passed (excluding days in government custody) since the offender was last sentenced or released from government custody for a registrable offence or a corresponding registrable offence, whichever is later; and (b) the offender did not become the subject of a life-long reporting period under a corresponding law while in a foreign jurisdiction before becoming the subject of a life-long reporting period in the ACT; and (c) the offender is not on parole for a registrable offence.

97 Supreme Court may make suspension order (1) This section applies if a registrable offender is eligible to apply for a suspension order. (2) On application by the offender, the Supreme Court may make a suspension order. (3) The court may make the order only if satisfied that the registrable offender does not pose a risk to the sexual safety of 1 or more people or of the community.

(4) In deciding whether to make the order, the court must take into account— (a) the seriousness of the offender’s registrable offences and corresponding registrable offences; and (b) the period of time since the offences were committed; and (c) the age of the offender, the age of the victims of the offences, and the difference in age between the offender and the victims of the offences, when the offences were committed; and (d) the offender’s present age; and (e) the offender’s total criminal record. (5) Subsection (4) does not limit the matters the court may take into account.

98 Chief police officer is party to application The chief police officer is a party to an application for a suspension order and may make submissions to the Supreme Court in relation to the application.

99 No costs to be awarded for suspension order application The Supreme Court may not award costs for a proceeding under this part.

100 Unsuccessful applicant cannot reapply for 5 years If the Supreme Court refuses to make a suspension order in relation to a registrable offender, the offender is not eligible to reapply for a suspension order for 5 years after the day of the refusal, unless the court otherwise orders when refusing to make the order. Note However, this section does not apply if a suspension order ceases to have effect under s 101 (1) (see s 102).

Suspension of reporting obligations Part 3.6

101 Suspension order ceases if offender reoffends (1) A suspension order made for a registrable offender ceases to have effect if, after the order is made, the offender— (a) is found guilty of a registrable offence; or (b) is made the subject of a child sex offender registration order; or (c) becomes a prescribed corresponding offender. Note If an offender’s reporting obligations are suspended and the suspension order ceases to have effect, the offender must report the offender’s personal details to the chief police officer at an approved reporting place within the time stated in s 30 (Offence—offender whose reporting suspension ceases must report). (2) A suspension order that has ceased to have effect under subsection (1) is revived if— (a) the finding of guilt because of which the order ceased to have effect is quashed or set aside by a court; or (b) the order ceased to have effect under subsection (1) (b) and the child sex offender registration order is quashed on appeal or the registrable offender’s finding of guilt for the offence because of which the child sex offender registration order is made is quashed or set aside by a court. (3) For this section, it is irrelevant whether or not a registrable offender may begin, or has begun, an appeal in relation to a finding of guilt or a child sex offender registration order.

102 Application for new suspension order (1) If a suspension order made for a registrable offender ceases to have effect under section 101 (1), the offender may apply for a new order. (2) Section 100 (Unsuccessful applicant cannot reapply for 5 years) does not apply to the application.

(3) If a suspension order made for a registrable offender ceases to have effect under section 101 (1) (b) or (c), and the offender applies for a new suspension order, section 96 (a) (Eligibility for offender to apply for suspension order) applies as if the 15-year period mentioned were a period of 15 years (excluding days in government custody) since the registrable offender last committed a registrable offence or a corresponding registrable offence.

Notice of reporting obligations Part 3.7

103 What is a reporting obligations notice? reporting obligations notice, for a registrable offender, means a written notice stating— (a) the offender’s reporting obligations; and (b) the consequences that may arise if the offender does not comply with the obligations.

104 Reporting obligations notice to be given when person becomes registrable offender (1) An entity prescribed by regulation for this section must give a registrable offender a reporting obligations notice as soon as practicable, but no later than 14 days after the day any of the following events happen: (a) the offender is sentenced for a registrable offence; (b) the offender is released from government custody (whether or not the person was in government custody for a registrable offence); (c) the offender is released from full-time government custody for a registrable offence; (d) the offender enters the ACT, and remains in the ACT for 7 days, if the offender has not previously been given notice of the offender’s reporting obligations in the ACT; (e) the offender becomes a prescribed corresponding offender, if the offender is in the ACT at the time. (2) An entity is not required to give a reporting obligations notice if the notice has been given by someone else.

(3) Despite anything in this part, a regulation may provide that a reporting obligations notice is not required to state the registrable offender’s reporting period if the regulation requires a notice containing that information to be given when the offender reports the offender’s personal details in person under this chapter.

105 Reporting obligations notice may be given at any time The chief police officer may, at any time, give a registrable offender a reporting obligations notice.

106 Courts to provide sentencing information to chief police officer (1) This section applies if a court— (a) makes an order or imposes a sentence that has the effect of making a person a registrable offender for this Act; or (b) imposes a sentence on a person in relation to a registrable offence; or (c) makes a order in relation to a registrable offender that has the effect of removing the person from the ambit of this Act. Example for par (c) a court on appeal quashes a finding of guilt in relation to a registrable offence for which a person had been sentenced and the offence was the only registrable offence for which the person had ever been found guilty (2) The court must give the chief police officer written notice of the order or sentence as soon as practicable. court does not include a court of a foreign jurisdiction.

Notice of reporting obligations Part 3.7

107 Chief police officer must tell offender if reporting period changes (1) This section applies to a registrable offender whose reporting period has changed since the offender was last told of the offender’s reporting period in the ACT. (2) The chief police officer must give written notice to the registrable offender as soon as practicable after the change, and in no case later than the time the offender next reports under this Act.

108 Supervising authority to tell chief police officer of certain events (1) This section applies if a registrable offender— (a) stops being in government custody, irrespective of the reason the offender was in custody; or (b) stops being in full-time government custody for a registrable offence; or (c) stops being subject to a community service order, irrespective of the reason the offender was subject to the order; or (d) stops being subject to a good behaviour order under the Crimes (Sentencing) Act 2005; or (e) stops being subject to a condition of parole requiring the offender to be subject to supervision, irrespective of the reason the offender was on parole; or (f) becomes a registrable offender prescribed by regulation for this section. (2) The supervising authority must give written notice of an event mentioned in subsection (1) to the chief police officer as soon as practicable, but no later than 14 days after the day the event happens. (3) The notice must include any details prescribed by regulation.

109 Procedural defects do not affect offender’s obligations A failure by a person other than a registrable offender to comply with a procedural requirement imposed on the person by this chapter or by regulation does not, of itself, affect an offender’s reporting obligations.

Protected witnesses Part 3.8

110 Who is a protected registrable offender? (1) A person is a protected registrable offender if the person is— (a) a registrable offender who is— (i) a participant in the witness protection program; or (ii) the subject of a protected registrable offender declaration in force under this part; or (b) a foreign protected witness. foreign protected witness means a person who— (a) is receiving protection under a law of a foreign jurisdiction (i) provides for the protection of witnesses; and (ii) is prescribed by regulation for this subsection; or (b) has the same status under a corresponding law as a person mentioned in paragraph (a).

111 Protected and unprotected registrable offender declarations If a registrable offender is a participant in the witness protection program and stops being a participant in the program, the chief police officer must declare that the offender is either— (a) a protected registrable offender (a protected registrable offender declaration); or

(b) not a protected registrable offender (an unprotected registrable offender declaration). Note A decision under s 111 is a reviewable decision (see s 132ZV), and the chief police officer must give a reviewable decision notice to the person (see s 132ZW).

115 When protected and unprotected registrable offender declarations take effect (1) A protected registrable offender declaration takes effect immediately. (2) An unprotected registrable offender declaration made for a registrable offender takes effect on the later of the following days: (a) at the end of 28 days after the day the offender is told about the making of the declaration; (b) if the offender applies to the ACAT under chapter 5B for review of a declaration—on the day the ACAT makes a decision on the application.

Failure to comply with reporting obligations—public notices Part 3.10 Part 3.10 Failure to comply with reporting obligations—public notices

116A Chief police officer may issue public notice in certain circumstances (1) The chief police officer or a deputy chief police officer may publish a notice about a registrable offender if— (a) satisfied that the offender— (i) has failed to comply with a reporting obligation under this chapter; and (ii) cannot be located; and (b) the offender is not a young person; and (c) the officer believes on reasonable grounds that— (i) the offender poses a risk to the lives or sexual safety of 1 or more people or of the community; and (ii) publishing the notice will reduce the risk. (2) For subsection (1) (c) (i), it is not necessary for the officer to identify a risk to particular people, or a particular class of people. (3) The notice must— (a) include 1 or more of the following: (i) the offender’s name; (ii) a photograph of the offender; (iii) a description of the offender; and (b) state that the offender is required by police to answer questions; but (c) not state that the offender is a registrable offender.

116B Definitions—pt 3.11 entry and search warrant means a warrant authorising entry and search of the premises of a registrable offender for the purpose of verifying— (a) the offender’s personal details; or (b) if the offender is subject to an order under chapter 5A (Orders prohibiting offender conduct)—whether the offender has breached, or is likely to breach, the order. executing officer, of an entry and search warrant, means— (a) the police officer named in the warrant as the police officer authorised to execute the warrant; or (b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer named under paragraph (a); or (c) another police officer whose name has been written in the warrant by the police officer named in the warrant under paragraph (b). occupier, of premises, includes— (a) a person believed on reasonable grounds to be an occupier of the premises; and (b) a person apparently in charge of the premises. offensive weapon—see the Crimes Act 1900, dictionary.

person assisting, in relation to an entry and search warrant, means a person who has been authorised by an executing officer to assist in executing the warrant. premises includes the following: (a) land (whether vacant or occupied); (b) any structure, building, vehicle or place (whether built or not); (c) any part of a structure, building, vehicle or place. public official—see the Criminal Code, section 300.

116C Entry and search warrant—application (1) The chief police officer, a deputy chief police officer or a police officer of or above the rank of sergeant (the applicant) may apply to a magistrate for an entry and search warrant. (a) state— (i) the name of the applicant; and (ii) the name of the executing officer; and (iii) the nature and duration of the warrant sought; and (iv) whether the registrable offender has previously been subject to a search authorised under a territory law in relation to similar information or material; and (v) whether a previous application has been made under this section in relation to the offender; and (b) subject to subsection (3), be supported by an affidavit setting out the grounds on which the warrant is sought.

(3) The application may be made without a supporting affidavit if the applicant believes that— (a) the immediate use of an entry and search warrant is necessary— (i) for the purpose of verifying the offender’s personal details; or (ii) if the registrable offender is subject to an order under chapter 5A (Orders prohibiting offender conduct)— because the offender has breached, or is likely to breach, the order; and (b) it is impracticable for an affidavit to be prepared or sworn before the application is made. (4) If subsection (3) applies, the applicant must— (a) give as much information as the magistrate considers reasonably practicable in the circumstances; and (b) if the magistrate issues the warrant—send the supporting affidavit to the magistrate as soon as practicable; and (c) if the magistrate refuses to issue the warrant—make a written record of the application and the reasons for the warrant not being issued.

116D Application for entry and search warrant—supporting information (1) In making an application under section 116C, the applicant must, as part of the affidavit, provide the magistrate with any information or material relevant to the application (regardless of whether the information or material supports the application). (2) The applicant must keep a copy of any affidavit or information or material relied on under this part for 1 year after the registrable offender stops being subject to a reporting obligation.

116E Entry and search warrant—remote application (1) If the applicant believes that it is impracticable for an application for an entry and search warrant to be made in person, the application may be made by telephone, fax, email or any other means of communication. (2) As soon as practicable after making a remote application, the applicant must make a written record of the application. (3) If practicable, the magistrate must fax or email a copy of the warrant to the applicant.

116F Entry and search warrant—deciding application The magistrate may issue an entry and search warrant if satisfied on reasonable grounds that— (a) either— (i) the registrable offender has incorrectly reported, or is likely to incorrectly report, personal details; or (ii) if the registrable offender is subject to an order under chapter 5A (Orders prohibiting offender conduct)—the offender has breached, or is likely to breach, the order; and (b) for an application without affidavit—it would have been impracticable for an affidavit to have been prepared and sworn before the application was made; and (c) for a remote application—it would have been impracticable for the application to have been made in person.

116G Content of entry and search warrant (1) An entry and search warrant must include statements of the following matters: (a) a description of the premises, or the name or description of the registrable offender to which the warrant relates; (b) the kinds of material to be searched for under the warrant; (c) the name of the police officer who is to be responsible for executing the warrant; (d) the period, not exceeding 7 days, for which the warrant remains in force; (e) the times when the search is authorised; (f) any conditions subject to which premises may be entered under the warrant; (g) the things under section 116H the warrant authorises the executing officer or an assisting officer to do. (2) For subsection (1) (e), an entry and search warrant must not authorise a search during the period beginning at 9 pm on a day and ending at 6 am on the next day unless the magistrate is satisfied that— (a) it is necessary to prevent the concealment, loss or destruction of evidential material in relation to an offence; or (b) it would not be practicable to conduct the search at another time. Examples—when not practicable to conduct search at another time 1 conducting the search during normal hours may increase the risk to the safety of officers 2 conducting the search during normal hours may compromise another investigation (3) In deciding any conditions under subsection (1) (f), the magistrate must have regard to the personal privacy of a third party who may be affected by the warrant.

(4) Subsection (1) (d) does not prevent the issue of successive warrants in relation to the same premises or person.

116H What an entry and search warrant may authorise (1) An entry and search warrant may authorise the executing officer or an assisting officer to— (a) enter the warrant premises, by force if necessary, and to remain at the premises for as long as reasonably necessary (but not longer than 2 hours) to exercise any power authorised under the warrant; and (b) if the premises is a vehicle—enter the vehicle, by force if necessary, wherever it is; and (c) search the premises for the kinds of material specified in the warrant, and anything else relevant to the purpose of the warrant, and to seize things of those kinds found at the premises; and (d) seize other things found at the premises in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be connected to an offence punishable by imprisonment for 12 months or longer; and (e) conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or an assisting officer suspects on reasonable grounds that the person has any evidential material in relation to an offence or seizable items in the person’s possession, and to seize things of that kind; and (f) seize other things found in the course of searching the person that the executing officer or an assisting officer believes on reasonable grounds to be connected to an offence punishable by imprisonment for 12 months or longer; and

(g) seize a thing found while searching the person or premises that may be used as an offensive weapon, if the executing officer or an assisting officer believes on reasonable grounds that seizure of the thing is necessary to prevent an imminent risk of harm to a person or property; and (h) take a photograph of a thing found while searching the person or premises that the executing officer or assisting officer believes on reasonable grounds to be evidential material in relation to an offence, material that may assist an investigation, or a seizable item; and (i) stop and detain a person at the premises for as long as reasonably necessary (but not longer than 2 hours) to assist the executing officer or an assisting officer to exercise any power authorised under the warrant; and (j) if a registrable offender has refused access to data on an electronic device under section 116Q—access the information for as long as reasonably necessary (but not longer than 4 hours) to assist the executing officer or assisting officer to exercise any power authorised under the warrant; and (k) exercise a power under this section in relation to part of premises occupied exclusively by a person other than a registrable offender, if the executing officer or assisting officer believes on reasonable grounds that the part of the premises is used by the (l) do anything else authorised by the magistrate. (2) If a transgender or intersex person is searched under this section, the person may require that the search be conducted by either a male or a female.

(3) Despite paragraphs (1) (a), (i) and (j), an entry and search warrant may authorise the executing officer or an assisting officer to— (a) remain at the premises or stop and detain a person at the premises for up to 4 hours if the magistrate is satisfied that the warrant cannot be executed within 2 hours; and (b) access data on a registrable offender’s electronic device for up to 8 hours, and remain at premises for that purpose, if satisfied that the warrant cannot be executed within 4 hours. (4) An entry and search warrant may not authorise a strip search or a search of a person’s body cavities.

116I Extension and amendment of entry and search warrant (1) The chief police officer, deputy chief police officer or police officer of or above the rank of sergeant to whom an entry and search warrant has been issued may apply, at any time before the expiry of the warrant, for an— (a) extension of the warrant; or (b) amendment of any condition of the warrant. (2) The application need not be made to the same magistrate who first issued the warrant. (3) Section 116C (Entry and search warrant—application), section 116D (Application for entry and search warrant—supporting information) and section 116E (Entry and search warrant—remote application) apply, with any necessary changes, to an application under this section as if it were an application for the warrant. (4) A magistrate may grant an application under this section only if satisfied that the warrant requires extension or amendment to be properly executed.

(5) If the magistrate grants the application, the magistrate must endorse the new expiry date or the other amended condition on the original warrant. (6) An application may be made more than once under this section. (7) However, an application may only be made once under this section for an extension of time under section 116G (4) or section 116H (3).

116J Revocation of entry and search warrant (1) An entry and search warrant may be revoked at any time before the end of the period of validity stated in it by the magistrate. (2) A magistrate may revoke the warrant if satisfied that— (a) the information supporting the application for the warrant was false or misleading; or (b) the warrant contains an error; or (c) the grounds for issue of the warrant no longer exist; or (d) revoking the warrant is in the interests of justice. (3) The magistrate must give notice of the revocation of an entry and search warrant to the executing officer to whom the warrant was issued. (4) If the chief police officer, a deputy chief police officer or a police officer of or above the rank of sergeant is satisfied that the grounds for issue of an entry and search warrant to an executing officer no longer exist, the officer must ensure that an application is made for the revocation of the warrant under this section. (5) If the executing officer to whom an entry and search warrant has been issued, or who is primarily responsible for executing an entry and search warrant, believes that the grounds for issue of the warrant no longer exist, the officer must tell the chief police officer, a deputy chief police officer or a police officer of or above the rank of sergeant immediately.

116K Use of force and availability of assistance in executing entry and search warrant (1) An executing officer, assisting officer or a person assisting who is not a police officer may use force in executing an entry and search warrant against people and things that is necessary and reasonable in the circumstances. (2) An executing officer may obtain the assistance in executing the warrant that is necessary and reasonable in the circumstances.

116L Announcement before entry (1) An executing officer must, before anyone enters premises under an entry and search warrant— (a) announce that the person is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises is present—identify themself to that person. (2) The executing officer is not required to comply with subsection (1) if the officer believes on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of anyone (including any police officer or person assisting); or (b) that the effective execution of the warrant is not frustrated.

116M Details of warrant to be given to occupier etc (1) If an entry and search warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the executing officer or an assisting officer must make available to that person a copy of the warrant. (2) The executing officer or an assisting officer must provide the registrable offender in relation to whom the warrant relates with a copy of the warrant. (3) If a person is searched under a warrant in relation to premises, the executing officer or an assisting officer must show the person a copy of the warrant. (4) The executing officer must identify themself to the person at the premises or the person being searched. (5) The copy of the warrant mentioned in subsections (1) and (2) need not include the signature of the magistrate.

116N Occupier entitled to be present during search etc (1) If an occupier of premises is present at the premises while an entry and search warrant is being executed, the occupier is entitled to observe the search being conducted. Note The Crimes Act 1914 (Cwlth), pt 1C applies in relation to the investigation of certain ACT offences. (2) However, the occupier is not entitled to observe the search if to do so would impede the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time.

116O Use of equipment to examine or process things (1) An executing officer or an assisting officer may bring to the premises equipment reasonably necessary for the examination or processing of a thing found at the premises, to determine whether it is a thing that may be seized under an entry and search warrant. (2) The thing may be moved to another place for examination or processing if— (a) it is not practicable to examine or process it at the premises; or (b) the occupier of the premises consents in writing. (3) If a thing is moved to another place under subsection (2), the executing officer must, if practicable— (a) tell the occupier the address of the place, and when the examination or processing will be conducted; and (b) allow the occupier or occupier’s representative to be present during the examination or processing. (4) The executing officer or an assisting officer may operate equipment already at the premises to examine or process a thing to determine whether it is a seizable item, if the officer believes on reasonable grounds that— (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be conducted without damage to the equipment or thing.

116P Use of electronic equipment at premises (1) An executing officer or an assisting officer may operate electronic equipment at the premises to access data (including data not held at the premises) if the officer believes on reasonable grounds that— (a) the data may assist the officer in verifying— (i) the registrable offender’s personal details; or

(ii) if the offender is subject to an order under chapter 5A (Orders prohibiting offender conduct)—whether the offender has breached, or is likely to breach, the order; and (b) the equipment can be operated without damaging it. (2) If the executing officer or assisting officer believes that any data accessed by operating the electronic equipment may assist the officer under subsection (1) (a), the officer may— (a) copy the data to a storage device brought to the premises; or (b) if the occupier of the premises agrees in writing—copy the data to a data storage device at the premises. (3) The executing officer or assisting officer may take the device from the premises. (4) The executing officer or assisting officer may do the following things if the officer finds that any material that may assist the officer under subsection (1) (a) is accessible using the equipment: (a) seize the equipment and any data storage device; (b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents produced. (5) A police officer may seize equipment under subsection (4) (a) only if— (a) it is not practicable to copy the data as mentioned in subsection (2) or put the material in documentary form as mentioned in subsection (4) (b); or (b) possession of the equipment or material could be an offence.

116Q Order requiring registrable offender to assist with access to data etc (1) The chief police officer, a deputy chief police officer or a police officer of or above the rank of sergeant may apply to the Magistrates Court for an order requiring the registrable offender to provide any information or assistance that is reasonably necessary to allow the executing officer or an assisting officer to do any of the following: (a) access data held in or accessible from electronic equipment that is on the premises; (b) copy the data to a data storage device; (c) convert the data into documentary form. (2) The court may make an order if satisfied on reasonable grounds (a) the registrable offender has failed to provide the information or assistance; or (b) evidential material in relation to an offence is held in or accessible from the equipment and subject to subsection (4), it is likely that the material would be admissible in a criminal proceeding. (3) A registrable offender commits an offence if the offender— (a) is ordered to provide information or assistance under this section; and (b) is reckless as to the requirement to provide information or assistance; and (c) fails to provide the information or assistance as ordered.

(4) Any material obtained, directly or indirectly, because of accessing, copying or converting data under this section is not admissible in evidence against the registrable offender in a proceeding, other than a proceeding— (a) under this Act; or (b) under the Criminal Code, part 3.4 (False or misleading statements, information and documents). (5) The provisions of this part relating to the issue of entry and search warrants apply, with any necessary changes, to the making of an order under this section.

116R Damage etc to be minimised (1) In the exercise, or purported exercise of a function in relation to electronic equipment under section 116O, section 116P or section 116Q, a police officer must take all reasonable steps to ensure that the officer, and any person assisting who is not an officer, causes as little damage as practicable. (2) If the police officer or person assisting damages anything in the exercise or purported exercise of a function under section 116O, section 116P or section 116Q, the police officer or person assisting must give written notice of the particulars of the damage to the person the police officer or person assisting believes on reasonable grounds is the owner of the thing. (3) If the damage happens on premises entered under this part in the absence of the occupier, the notice may be given by securing it in a conspicuous place on the premises.

116S Compensation (1) A person may claim reasonable compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function in relation to electronic equipment under section 116O, section 116P or section 116Q by a police officer or a person assisting who is not a police officer. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act or another territory law brought against the person making the claim for compensation.

116T Copies of seized things to be provided (1) If the occupier is present at the premises while an entry and search warrant is executed, the occupier may ask a police officer to give the occupier a copy of a seized thing or information that is— (a) a document, film, computer file or other thing that can be readily copied; or (b) a data storage device in which the information can be readily copied. (2) The police officer must give the occupier a copy of a seized thing or information as soon as practicable after the seizure. (3) However, the police officer is not required to give the occupier a copy of a seized thing or information if— (a) the thing was seized under section 116P (Use of electronic equipment at premises); or (b) possession by the occupier of the thing or information could be an offence.

116U Receipt for things seized (1) As soon as practicable after a thing is seized under this part, the executing officer or assisting officer must give the person from whom it was seized— (a) a receipt for the thing; and (b) a summary of the process by which things can be seized and returned under this part. (2) The receipt must include a description of the thing seized. (3) The summary must give the information that a person reasonably needs to understand this part, including— (a) a description of the process for seizure, forfeiture, return and destruction; and (b) if an order is made under section 116Q (Order requiring registrable offender to assist with access to data etc)—a description of that section.

116V Return or destruction of things seized (1) A police officer who has seized a thing under this part must take reasonable steps to return the thing to the person from whom it was seized, or to the owner if that person is not entitled to possess it, if— (a) the reason for the thing’s seizure no longer exists or the thing is not required to be produced in evidence in a proceeding; or (b) the thing has been seized for more than 1 year, and no further period has been authorised under subsection (2). (2) A police officer of or above the rank of superintendent may authorise the keeping of a seized thing for a further period, if the officer is satisfied on reasonable grounds that the thing— (a) is likely to be required to be produced in evidence in a future proceeding; or

(b) has evidential value in relation to an ongoing inquiry. (3) On application by a police officer, the Magistrates Court may approve the destruction of a seized thing or data contained in a seized thing under this part if satisfied on reasonable grounds that— (a) a registrable offender is refusing to assist an executing officer or assisting officer with information or assistance in relation to data contained in the seized thing and the officer has been unable to access the data within 30 days of seizing the thing; or (b) a registrable offender has been assisting an executing officer or assisting officer but the data contained in the seized thing cannot be accessed by the officer; or (c) the seized thing or data contained in the seized thing contains material that is likely to constitute an offence. (4) Before a seized thing is returned under subsection (1), a police officer must remove any material that possession of which would be an offence under this Act or another law.

116W Application for order disallowing seizure (1) A person claiming to be entitled to anything seized under this part may apply to a court for an order disallowing the seizure. (2) In deciding whether to make an order under this section, the court must consider whether— (a) the applicant has a legal or equitable interest in the thing; and (b) the thing has evidential value in relation to a prosecution, including— (i) the seriousness of any charge or likely charge; and

(ii) whether evidence about the thing can be presented without tendering the thing (for example, by tendering a photograph of the thing); and (c) the thing has been replaced; and (d) the applicant or another person requires the thing for business purposes or for the generation of income; and (e) the seizure of the thing will cause hardship to the applicant or another person; and (f) the thing has sentimental value to the applicant or another person. (3) However, the court must not make an order if— (a) possession of the thing by the applicant or another person would be an offence; or (b) it would be dangerous or unsafe for the applicant or another person to possess the thing; or (c) the thing is the subject of an application under the Confiscation of Criminal Assets Act 2003; or (d) the thing may be seized or forfeited under another territory law. (4) If the court refuses to make an order disallowing the seizure under this section, the court may order that the thing be destroyed.

116X Forfeiture and disposal of seized things (a) a police officer is required to return a thing under section 116V or another territory law, but the officer cannot locate the person from whom it was seized or the owner after taking reasonable steps having regard to— (i) the estimated value of the thing; and

(ii) whether the thing can be easily replaced; and (iii) the period of time that police have been in possession of the thing; and (iv) the resources likely to be required to locate the person; and (v) whether the thing has sentimental value to the person; and (b) an application for disallowance of the seizure under section 116W has not been made, or has been refused or withdrawn before a decision in relation to the application had been made. (2) The seized thing— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of. (3) However, a police officer must attempt to sell the thing before destroying or disposing of it, unless— (a) possession of the thing would be an offence; or (b) it would be dangerous or unsafe for a person to possess the thing; or (c) selling the thing would likely require more resources than destroying or disposing of it. (4) The police officer may recover the costs of carrying out the sale from the proceeds of the sale. (5) If the seized thing is a computer, data may be removed and destroyed before the computer is sold, destroyed or otherwise disposed of. (6) The Minister may, in writing, authorise the chief police officer to keep a forfeited item without selling, destroying or otherwise disposing of it.

116Y Offence—refusal of entry to premises (a) is required to allow an executing officer, assisting officer or person assisting who is not a police officer entry to premises under this part; and (b) refuses entry to the premises to the officer, assisting officer or person assisting.

116Z Admissibility of evidence Any material obtained, directly or indirectly, in the exercise of a function under this part (other than under section 116Q) in relation to a registrable offender is not admissible in evidence against the offender in a proceeding, other than a proceeding— (a) under this Act; or (b) in relation to a class 1 or class 2 offence; or (c) under the Criminal Code, part 3.4 (False or misleading statements, information and documents).

117 Establishment of child sex offenders register (1) The chief police officer must establish a register of sex offenders (the child sex offenders register), or arrange for another entity to establish the child sex offenders register. (2) The child sex offenders register must contain the following information about each registrable offender (to the extent that it is known by the chief police officer): (a) the offender’s name and other identifying particulars; (b) details of each class 1 and class 2 offence of which the offender has been found guilty or with which the offender has been charged; (c) details of each offence of which the offender has been found guilty that resulted in the making of a child sex offender registration order; (d) the date the offender was sentenced for each registrable offence; (e) the date the offender ceased to be in government custody for a registrable offence, or entered or ceased to be in government custody for an offence during the offender’s reporting period; (f) the date the offender stopped being in full-time government custody for a registrable offence; (g) any information reported for the offender under chapter 3 (Reporting). (3) The child sex offenders register may also contain any other information that the chief police officer considers appropriate.

118 Access to child sex offenders register restricted (1) The chief police officer must ensure— (a) that the child sex offenders register, or a part of the register, is only accessed by people who are authorised by the chief police officer or under a regulation; and (b) that personal information in the child sex offenders register is only disclosed by a person with access to the register, or the relevant part of the register— (i) for law enforcement functions or activities and then only to an entity prescribed by regulation; or (ii) as otherwise required or authorised by a regulation or under an Act or other law. (2) The chief police officer must develop guidelines about access to, and disclosure of, personal information in the child sex offenders register to ensure that access to the personal information in the register is restricted to the greatest extent that is possible without interfering with the purpose of this Act. (3) For this section, the child sex offenders register includes information from a register maintained under a corresponding law that is accessible by the chief police officer, whether or not the information is physically part of the register. (4) This section has effect despite any other Act or law to the contrary.

119 Access to information about protected witnesses restricted (1) The chief police officer must ensure that personal information in the child sex offenders register about a protected registrable offender cannot be accessed other than by a person authorised by the police officer or officer of an approved authority responsible for the day-to-day operation of the witness protection program.

(2) For this section: approved authority—see the Witness Protection Act 1996, dictionary.

120 Offence—unauthorised person must not access child sex offenders register (a) accesses the child sex offenders register; and (b) is not authorised to have access to— (i) the register; or (ii) the part of the register that the person accesses.

122 Registrable offender may correct child sex offenders register (1) The chief police officer must, if asked by a registrable offender, give the offender a copy of all the reportable information held in the child sex offenders register in relation to the offender. (2) The chief police officer must comply with subsection (1) as soon as practicable, but no later than 14 days after the day the chief police officer was asked. (3) A registrable offender may ask the chief police officer to amend any incorrect reportable information held in the child sex offenders register in relation to the offender. (4) The chief police officer must comply with the request if satisfied that the information is incorrect.

(5) In this section: reportable information means information that— (a) is given to the chief police officer by, or for, the registrable (b) the offender is required to report to the chief police officer.

122A Order for removal of registrable offender—application by chief police officer (1) The chief police officer may apply to the Magistrates Court for an order that a registrable offender be removed from the child sex offenders register. (2) The court may make the order if satisfied on reasonable grounds that it would be inappropriate for the offender to remain on the register. (3) In making a decision under subsection (2), the court must consider— (a) the severity of each offence that resulted in the offender being on the register; and (b) the age of the offender at the time of each offence; and (c) the level of harm to the victim and the community caused by each offence; and (d) the period for which the offender has been included on the register; and (e) compliance by the offender with any reporting and sentencing obligations; and (f) any attempts at rehabilitation by the offender; and (g) whether the offender poses a risk to the lives or sexual safety of (h) any other circumstances that the court considers relevant.

(4) The director of public prosecutions may appear in the court on behalf of the victim.

122B Notice to victim of proposed application for order (1) Before making an application under section 122A, the chief police officer must take reasonable steps to identify, and give notice of the proposed application to, each victim of the registrable offender. (2) A notice must include the following: (a) an invitation for the victim, a person nominated by the victim, or a member of the victim’s family to make a written submission to the chief police officer about the offender being removed from the register, including the likely effect on the victim or the victim’s family; (b) a statement that any submission made in writing to the chief police officer within the period stated in the notice will be considered in deciding whether to make an application under section 122A; (c) information about the offender to assist the victim, nominee or family member to make a submission; Example—information the registrable offender’s conduct while the offender has been included on the register (d) information about any assistance available to the victim, nominee or family member to make the submission. (3) For subsection (2) (b), the period stated must be a reasonable time (not less than 7 days after the day the victim is given the notice) to allow the victim, nominee or family member to make a written submission. (4) The notice may include anything else the chief police officer considers appropriate.

(5) Before giving notice to a victim under this section, the chief police officer must consult with the victims of crime commissioner.

122C Order for removal of registrable offender who was young offender at time of offence—application by offender (1) This section applies to an offender who was— (a) immediately before the commencement day, a registered offender on the child sex offenders register; and (b) a young offender at the time a registrable offence was committed. (2) The offender may apply to the Magistrates Court for an order that the offender be removed from the child sex offenders register. (3) The offender may apply only once. (4) A copy of the application must be served on— (a) the victims of crime commissioner; and (b) the chief police officer; and (c) the director of public prosecutions. Note For how documents may be served, see the Legislation Act, pt 19.5. (5) After receiving a copy of the application, the chief police officer must take reasonable steps to identify, and give notice of the application to, each victim of the registrable offender.

(6) A notice must— (a) state that the victim, a person nominated by the victim, or a member of the victim’s family may make a written submission to the court about the offender being removed from the register, including the likely effect on the victim or the victim’s family; and (b) include information about the offender to assist the victim, nominee or family member to make a submission; and Example—information the registrable offender’s conduct while the offender has been included on the register (c) include information about any assistance available to the victim, nominee or family member to make the submission. (7) Before giving notice to a victim under this section, the chief police officer must consult with the victims of crime commissioner. (8) The chief police officer, or a person authorised by the chief police officer, may, with the court’s consent, appear and make submissions about information on the child sex offenders register that is relevant to the matters the court must consider under subsection (11). (9) The director of public prosecutions may appear in the court on behalf of the victim. (10) The court may make the order if satisfied on reasonable grounds that it would be inappropriate for the offender to remain on the register. (11) In making a decision under subsection (10), the court must consider— (a) the severity of each offence that resulted in the offender being on the register and the seriousness of the circumstances surrounding the commission of each offence; and (b) the age of the offender at the time of each offence; and (c) the level of harm to the victim and the community caused by each offence; and

(d) any attempts at rehabilitation by the offender; and (e) whether the offender poses a risk to the lives or sexual safety of (f) any other circumstances that the court considers relevant. (12) The chief police officer must take all reasonable steps to give written notice of this section to each offender to whom this section applies not later than 1 month after the commencement day. (13) In this section: commencement day means the day the Crimes (Child Sex Offenders) Amendment Act 2015, section 3 commences.

Chapter 5 Registrable offenders prohibited from child-related

123 What is employment? employment includes— (a) performance of work— (i) under a contract of employment or contract for services (whether written or unwritten); or (ii) as a minister of religion or as part of the duties of a religious vocation; or (b) undertaking practical training as part of an educational or vocational course; or (c) performance of work as a volunteer; or (d) performance of work under, or because of, a sentence, including a community service order.

124 What is child-related employment? (1) Employment is child-related (child-related employment) if the employment involves contact with a child in relation to any of the (a) child protection services; (b) preschools, kindergartens or education and care services or childcare centres; (c) family day care schemes; (d) educational institutions for children;

(e) detention places under the Children and Young People Act 2008; (f) refuges or other residential facilities used by children; (g) wards of public or private hospitals where children are ordinarily patients; (h) clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement (including involvement of a voluntary nature); (i) religious organisations; (j) babysitting or childminding services arranged by a commercial agency; (k) fostering children; (l) providing public or private transport services for the transport of children; (m) private tuition services of any kind for children arranged by a commercial agency; (n) counselling or other support services for children; (o) overnight camps, irrespective of the kind of accommodation or of how many children are involved; (p) school-crossing services; (q) before and after school care programs; (r) school holiday vacation programs; (s) approved training contracts under the Training and Tertiary Education Act 2003;

(t) legal services related to a child, provided by Legal Aid ACT; 1 providing advice to a child 2 representing a child in a legal matter 3 representing a person in a proceeding where a child is a witness (u) anything else prescribed by regulation for this section. childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733. contact means any form of contact between a person and a child, and includes— (a) any form of physical contact; and (b) any form of oral communication, whether face-to-face or by telephone; and (c) any form of written communication, including electronic communication. educational institutions for children include the following: (a) a government school or non-government school under the Education Act 2004; (b) a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3; (c) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).

education and care service—see the Education and Care Services National Law (ACT), section 5. Note The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT). family day care scheme—see the Children and Young People Act 2008, section 734. Legal Aid ACT—see the Legal Aid Act 1977, section 94 (Commission to operate as Legal Aid ACT). school-crossing services means services provided by people to assist children to cross roads on their way to or from school.

125 When is a person engaged in child-related employment? (1) A person is engaged in child-related employment if the person is— (a) an officer of a corporation that is engaged in child-related employment; or (b) a member of the committee of management of an unincorporated body or association that is engaged in child-related employment; or (c) a member of a partnership that is engaged in child-related employment. (2) This section does not limit the circumstances in which a person can be taken to be engaged in child-related employment. officer— (a) for a corporation within the meaning of the Corporations Act— see the Corporations Act, section 9; and

(b) for any other corporation—means a person (by whatever name called) who is concerned, or takes part in, the management of the corporation.

126 Offence—offender must not apply for child-related A registrable offender commits an offence if the offender— (a) applies for child-related employment; and (b) is reckless about whether the employment is child-related employment.

127 Offence—offender must not engage in child-related A registrable offender commits an offence if the offender engages in child-related employment.

128 Offence—person in child-related employment must disclose charges (a) is engaged in child-related employment; and (b) is charged with a registrable offence; and (c) does not disclose the charge to the person’s employer within 7 days after the day the person is charged with the registrable offence.

130 Offence—person must disclose charges if applying for child-related employment (1) A person commits an offence if— (a) a charge is pending against the person for a registrable offence; and (b) the person applies for child-related employment; and (c) the person does not disclose the charge to the person’s prospective employer when making the application. (2) A person commits an offence if— (a) the person has applied for child-related employment; and (b) the person is charged with a registrable offence while the application is still current; and (c) the person does not disclose the charge to the person’s prospective employer within 7 days after the day the person is charged with the registrable offence.

132 Offence—employer must keep information secret protected information means information about a person that is disclosed to an employer because of the person satisfying the person’s obligations under section 128, section 129, section 130 or section 131.

(2) An employer commits an offence if— (a) the employer— (b) the employer— (3) Subsection (2) does not apply if the record is made, or the information is divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function as an employer. information about someone with the person’s consent. (5) Subsection (2) does not apply if the information is divulged for law enforcement functions or activities and then only to an entity (6) Subsection (2) does not apply if the information is divulged to a court in a legal proceeding or under an order of a court.

(7) Subsection (2) does not apply if the information is divulged to a lawyer to obtain legal advice or representation relating to a matter under this Act.

Preliminary Part 5A.1 Chapter 5A Orders prohibiting offender conduct

132A Definitions—ch 5A application, for an order for a person under this chapter, includes an application for the registration of a corresponding protection order. conduct includes a course of conduct. corresponding prohibition order means an order made under a law of a foreign jurisdiction that substantially corresponds to a prohibition CYP director-general means the director-general of the administrative unit responsible for the Children and Young People Act 2008. CYP director-general’s report means the report mentioned in section 132C. daily care responsibility—see the Children and Young People Act 2008, section 19. interim prohibition order—see section 132H (Court may make interim prohibition order). long-term care responsibility—see the Children and Young People Act 2008, section 20. make, an order for a person under this chapter, includes register a corresponding prohibition order. parental responsibility, for a child or young person—see the Children and Young People Act 2008, section 15.

prohibition order—see section 132D (Court may make prohibition order). registered corresponding prohibition order means a corresponding prohibition order registered under section 132N (Registration of corresponding prohibition order—no amendment) or section 132P (Registration of corresponding prohibition order—with amendment). registration notice—see section 132O (Notice of registration of unamended corresponding prohibition order). return date, for an application, means the day set by the Magistrates Court for return of the application before the court. 132AA Delegation (1) Despite any other territory law, the functions of the chief police officer under this Act must not be delegated to anyone else. (2) However, the chief police officer may delegate to a deputy chief police officer any of the chief police officer’s functions under chapter 5A of this Act. (3) Not more than 4 delegations may be in force under this section at any one time.