6Who is a registrable offender?

6 Who is a registrable offender? S. 6(1) amended by No. 25/2017 s. 25(1). (1) Subject to subsections (4) to (6), a registrable offender is a person whom a court has at any time (whether before, on or after 1 October 2004) sentenced for a registrable offence. 1 ***Sentence*** is broadly defined in section 3. 2 This Act applies to persons sentenced by a court of a foreign jurisdiction for certain offences under the law of that jurisdiction—see the definition of ***court*** in section 3 and see section 7 for the definition of ***registrable offence***. 3 This Act applies to certain people who are registrable offenders for the purposes of equivalent laws outside Victoria, even though they are not registrable offenders under this Act—see section 15. Note 4 to s. 6(1) inserted by No. 34/2005 s. 5, amended by Nos 79/2006 s. 54(1), 55/2009 s. 48(1), 37/2022 s. 9(1). 4 The effect of this Act is that any adult offender sentenced at any time (including before 1 October 2004 and still serving the sentence immediately before that date) for a Class 1 or Class 2 offence must comply with the reporting obligations of Part 3. S. 6(1A) inserted by No. 25/2017 s. 25(2). (1A) Subject to subsection (5), a person who is subject to a sex offender registration order made under section 11(9) is also a registrable offender. S. 6(2) amended by No. 25/2017 s. 6(1). (2) Subject to subsection (2B), a person who is— (a) a corresponding registrable offender; or (b) a New South Wales registrable offender— is also a registrable offender. S. 6(2A) inserted by No. 25/2017 s. 6(2). (2A) A person is not a registrable offender merely because the person committed a specified offence for which the person has been sentenced if a court declares, by order made under section 11B, that the person is not a registrable offender in respect of that offence. A person may become a registrable offender in respect of another offence—see section 11E(3). S. 6(2B) inserted by No. 25/2017 s. 6(2). (2B) A person is not a registrable offender merely because the person is a corresponding registrable offender or a New South Wales registrable offender in respect of a specified offence committed in Victoria if a court declares, by order made under section 11B, that the person is not a registrable offender in respect of that offence. S. 6(3) amended by Nos 48/2006 s. 42(Sch. item 33.4), 52/2007 s. 13, repealed by No. 25/2017 s. 25(3). (4) Unless he or she is a registrable offender because of subsection (2) or is an existing controlled registrable offender, a person is not a registrable offender merely because he or she was sentenced for a registrable offence before 1 October 2004. (5) A person is also not a registrable offender if he or she is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection. (6) A person ceases to be a registrable offender if— (a) his or her finding of guilt in respect of the only registrable offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or S. 6(6)(b) amended by No. 55/2009 s. 48(2). (b) his or her sentence in respect of that offence is reduced or altered so that he or she would have been a person described in subsection (3)(b) had the amended sentence been the original sentence; or (c) he or she is a registrable offender only because he or she is subject to a sex offender registration order and that order is quashed on appeal. (7) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or sex offender registration order. S. 6(8) amended by No. 34/2005 s. 6(1), repealed by No. 55/2009 s. 48(3). Note to s. 6(8) inserted by No. 34/2005 s. 6(2), repealed by No. 55/2009 s. 48(4).