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Sex Offenders Registration Act 2004
75Regulations
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75 Regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) matters incidental to the making of reports under Part 3 including—
(i) the manner and form in which a report must be made; and
(ii) the nature of any verifying documentation or evidence to be produced in support of a report; and
(iii) requiring that a report contain additional information to that required by that Part;
S. 75(1)(a)(iv) inserted by No. 82/2014 s. 25.
(iv) without limiting any other power under this section, for the purposes of section 21A, the documents to be produced to verify or support the details in a report referred to in that section;
(b) the form of, or the information to be included in, any notice or other document that is required by this Act to be given to registrable offenders;
(c) the manner and form in which the Register is to be established and maintained, including the manner and form in which information is to be entered in the Register;
(d) requiring or permitting the Chief Commissioner of Police to remove specified information, or information of a specified class, from the Register;
(e) the notification of reporting obligations to registrable offenders, including—
(i) the manner and form in which the information is to be given to registrable offenders;
(ii) permitting the person notifying a registrable offender to ask the registrable offender to acknowledge being given the notice;
(iii) making special provision for the notification of registrable offenders who are children or who have disabilities or other special needs;
(iv) permitting or requiring a person or body to be notified of a registrable offender's status as a child or person who has a disability or other special need to facilitate notification and reporting;
(v) providing for the notification to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations;
(vi) requiring that a registrable offender be given additional information to that required by this Act;
(vii) requiring a person or body to provide specified information to registrable offenders concerning their reporting obligations;
(viii) requiring a person or body to inform the Chief Commissioner of Police—
(A) that a registrable offender has left the custody or control of the person or body;
(B) that the person or body has given specified information to a registrable offender;
(C) that, in the opinion of the person or body, a registrable offender does or does not have the legal capacity to understand specified information;
S. 75(1)(e)(ix) amended by No. 55/2025 s. 75(3).
(ix) requiring a person or body to give the Chief Commissioner of Police any acknowledgement by a registrable offender of the receipt of a notice or any other specified information that is held by the person or body;
(f) empowering the Chief Commissioner of Police to give directions as to which police stations are to be used as a venue for the making of reports;
(g) providing that a police station, or a class of police station, is not to be used as a venue for the making of reports without the consent of the Chief Commissioner of Police;
(h) requiring a person or body to create records for the purposes of this Act and to retain those records for a specified period or an unlimited period;
S. 75(1)(ha) inserted by No. 79/2006 s. 54(2).
(ha) prescribing an entity as the supervising authority in relation to a class of offender;
(i) prescribing a person included in a specified class of persons as a corresponding registrable offender for the purposes of this Act;
(j) stating that a specified class of order made under a specified corresponding Act is a corresponding sex offender registration order for the purposes of this Act;
S. 75(1)(ja) inserted by No. 21/2016 s. 10.
(ja) matters in respect of or incidental to prohibition orders and registration orders including the form of, and information to be included in, any notice required to be given to the registrable offender or any other person;
S. 75(1)(jb) inserted by No. 21/2016 s. 10.
(jb) matters in respect of or incidental to seizure of things under Part 4A, including the form of, and information to be included in, receipts and registers, and processes for returning seized things;
(k) prescribing any other matter required or permitted by this Act to be prescribed or that it is necessary or convenient to prescribe to give effect to this Act.
(2) The regulations—
(a) may be of general or of specially limited application; and
(b) may differ according to differences in time, place or circumstance; and
(c) may require a matter affected by the regulations to be—
(i) in accordance with a specified standard or specified requirement; or
(ii) approved by or to the satisfaction of a specified person or a specified class of person; or
(iii) as specified in both subparagraphs (i) and (ii); and
(d) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(e) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and
(f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
S. 75(3) inserted by No. 79/2006 s. 54(3).
(3) Regulations made under section 75(1)(ha) may prescribe an entity as the supervising authority in relation to a class of offender even if the entity has no direct or actual supervision of offenders belonging to that class.
S. 75A inserted by No. 28/2025 s. 28.