11BDetermination of application

11B Determination of application (1) On the hearing of an application under section 11A, a court may, by order, declare that the applicant is not a registrable offender in respect of a specified offence if the court is satisfied on the balance of probabilities that— (a) at all times during the commission of the specified offence— (i) any victim of the offence is of or over the age of 14 years; or (ii) any person depicted or described in any material to which the offence relates is of or over the age of 14 years; and (b) the applicant poses no risk or a low risk to the sexual safety of one or more persons or of the community, having regard to— (i) the seriousness of the specified offence; and (ii) the ages of the applicant and any victim of the specified offence at the time of the commission of the specified offence; and (iii) whether any victim of the specified offence was under the care, supervision or authority of the applicant at the time of the specified offence; and (iv) whether any victim of the specified offence had a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the **Crimes Act 1958** at the time of the commission of the specified offence; and (v) where the application relates to more than one specified offence—the number and nature of those specified offences, including whether the specified offences arose out of the same set of circumstances; and (vi) any other matter that the court considers relevant; and (c) but for the specified offence, the applicant would not be a registrable offender. (2) A court must refuse to make an order under subsection (1) if not satisfied as required by subsection (1). (3) A court may not make an order under subsection (1) in respect of an application referred to in section 11A(2) or (3). (4) For the purposes of subsection (1)(b), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person. (5) In deciding whether to make an order under subsection (1), the court must take into account any submissions made by the Chief Commissioner of Police under section 11F. (6) An order under subsection (1) may relate to one or more specified offences. (7) An order under subsection (1) must contain the information, if any, prescribed by the rules of court. S. 11C inserted by No. 25/2017 s. 7.