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Crimes (Child Sex Offenders) Act 2005
58AOffence—fail to report as required
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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;