11Sex offender registration order

11 Sex offender registration order

S. 11(1) amended by No. 82/2014 s. 5(1).

(1) If a court finds a person guilty of an offence committed as an adult that is not a Class 1 or Class 2 offence (including an offence that is a Class 3 or Class 4 offence), it may order that the person comply with the reporting obligations of this Act.

S. 11(1A) inserted by No. 25/2017 s. 27(1).

(1A) On an application by a police officer, the Magistrates' Court may order that a person who is found guilty by a court of a foreign jurisdiction of an offence committed as an adult that is not a Class 1 or Class 2 offence (including a Class 3 or Class 4 offence) comply with the reporting obligations of this Act.

S. 11(2) substituted by No. 25/2017 s. 27(2).

(2) If a court finds a person guilty of an offence committed as a child (including a Class 1, Class 2, Class 3 or Class 4 offence), it may order that the person comply with the reporting obligations of this Act.

S. 11(2A) inserted by No. 55/2009 s. 41, substituted by No. 25/2017 s. 27(2).

(2A) On an application by a police officer, a court may order that a person who is found guilty by a court of a foreign jurisdiction of an offence committed as a child (including a Class 1, Class 2, Class 3 or Class 4 offence) comply with the reporting obligations of this Act.

S. 11(2AB) inserted by No. 25/2017 s. 27(2).

(2AB) An application under subsection (2A) must be made to—

(a) the Magistrates' Court, if the person to whom the application relates is an adult; or

(b) the Children's Court, if the person to whom the application relates is a child.

S. 11(2B) inserted by No. 82/2014 s. 5(2), amended by No. 25/2017 s. 27(3).

(2B) An order under subsection (2) or (2A), for any period during which the person is a child, may—

(a) exempt the person from any particular reporting obligation; or

(b) modify any particular reporting obligation.

S. 11(3) amended by No. 34/2005 s. 9(1).

(3) The court may only make an order under this section if, after taking into account any matter that it considers appropriate, it is satisfied, beyond reasonable doubt, that the person poses a risk to the sexual safety of one or more persons or of the community.

(4) For the purposes of subsection (3), it is not necessary that the court be able to identify a risk to particular people, or a particular class of people.

S. 11(5) amended by Nos 34/2005 s. 9(2)(a)(b), 48/2006 s. 42(Sch. item 33.5), 25/2017 s. 27(4).

(5) The court may only make an order under this section if it or a court of a foreign jurisdiction has imposed a sentence in relation to the offence (other than an order referred to in section 360(1)(b), 360(1)(c) or 360(1)(d) of the ).