40Order for suspension

40 Order for suspension (1) On the application under section 39(2), the Supreme Court may make an order suspending the registrable offender's reporting obligations. S. 40(1A) inserted by No. 55/2009 s. 36(1), amended by No. 25/2017 s. 14(1). (1A) On the application under section 39A, a court may make an order suspending the registrable offender's reporting obligations for the period of time specified in the order (which may be the remainder of the offender's life). S. 40(2) amended by No. 55/2009 s. 36(2), substituted by No. 25/2017 s. 14(2). (2) A court must not make an order under this section unless it is satisfied that— (a) the registrable offender poses no risk or a low risk to the sexual safety of one or more persons or of the community; and (b) it is in the public interest to suspend the registrable offender's reporting obligations. S. 40(3) amended by Nos 55/2009 s. 36(3), 25/2017 s. 14(3)(a). (3) In deciding whether to make an order under this section, a court must take into account— (a) the seriousness of the registrable offender's registrable offences and corresponding registrable offences; and (b) the period of time since those offences were committed; and (c) the age of the registrable offender, the age of the victims of those offences and the difference in age between the registrable offender and the victims of those offences, as at the time those offences were committed; and (d) the registrable offender's present age; and (e) the registrable offender's total criminal record; and S. 40(3)(f) amended by No. 25/2017 s. 14(3)(b). (f) any other matter the court considers appropriate. S. 40(4) inserted by No. 55/2009 s. 36(4), amended by No. 25/2017 s. 14(4). (4) In deciding whether to make an order under subsection (1), the Supreme Court must also take into account any submissions made by the Chief Commissioner under section 41. S. 40(5) inserted by No. 55/2009 s. 36(4), amended by No. 25/2017 s. 14(5). (5) In deciding whether to make an order under subsection (1A), a court must also take into account any evidence presented by the Chief Commissioner as to the risk that the registrable offender presents to the sexual safety of one or more persons or the community.