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CRIMES (CHILD SEX OFFENDERS) ACT 2005

Table of Provisions

CHAPTER 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Dictionary  
  • 4 Notes  
  • 5 Offences against Act—application of Criminal Code etc  
  • 6 Purpose and outline  
  • 7 Meaning of finding of guilt  

CHAPTER 2--OFFENDERS TO WHOM ACT APPLIES

PART 2.1--WHO IS A REGISTRABLE OFFENDER?

PART 2.2--CHILD SEX OFFENDER REGISTRATION ORDERS

Division 2.2.1--Child sex offender registration orders—generally

Division 2.2.2--Orders for offenders guilty of offence other than class 1 or class 2 offence

  • 15 Court may make child sex offender registration order  
  • 16 Court may only make order if person risk to sexual safety  
  • 17 Court may only make order with sentence  
  • 18 Court may only make order on prosecution application  

Division 2.2.3--Orders for certain previous offenders

CHAPTER 3--REPORTING

PART 3.1--DEFINITIONS FOR CH 3

  • 19 What is a reporting obligation?  
  • 20 What is a reporting obligation provision?  

PART 3.2--WHEN INITIAL REPORT MUST BE MADE

Division 3.2.1--When registrable offender must make initial report of personal details

  • 22 Offender in custody at commencement of Act must report  
  • 23 Offender must report after sentencing  
  • 24 Offender entering ACT must report  
  • 25 Prescribed corresponding offender must report  
  • 26 Exception—offender's reporting obligations suspended  
  • 27 Exception—protected registrable offender  

Division 3.2.2--When registrable offender must make new initial report of personal details

  • 28 Offender later sentenced for registrable offence must report  
  • 29 Offender who later becomes prescribed corresponding offender must  
  • 30 Offender whose reporting suspension ceases must report  
  • 31 Exception—offender's reporting obligations suspended  
  • 32 Exception—protected registrable offender  

Division 3.2.3--People required to report under corresponding law

  • 33 Person entering ACT must make contact  
  • 34 Offender entering ACT must make contact  
  • 35 Exception—person has already made contact  
  • 36 Exception—offender's reporting obligations suspended  

PART 3.3--ONGOING REPORTING

Division 3.3.1--Annual reporting

  • 37 Offender must report annually  
  • 38 Exception—offender in government custody  
  • 39 Exception—offender outside ACT  
  • 40 Exception—offender's reporting obligations suspended  
  • 41 Exception—protected registrable offender  

Division 3.3.2--Reporting of travel

  • 42 Offender leaving ACT must report travel details  
  • 43 Defence—impracticable to report 7 days before leaving  
  • 44 Offender not to be punished twice for failing to report travel  
  • 45 Offender outside ACT must report travel details  
  • 46 Offender outside ACT must report change of travel details  
  • 47 Offender must report return to ACT  
  • 48 Offender must report decision not to leave ACT  
  • 49 Offender must report regular travel  
  • 50 Application to protected registrable offender  
  • 51 Exception—protected registrable offender  
  • 52 Exception—offender in government custody  
  • 53 Exception—offender's reporting obligations suspended  

Division 3.3.3--Other reporting

  • 54 Offender in ACT must report change of details  
  • 55 Offender returning to ACT must report change of details  
  • 56 Offender leaving custody must report  
  • 57 Exception—offender's reporting obligations suspended  
  • 58 Exception—protected registrable offender  

Division 3.3.4--Failing to report

  • 58A Offence—fail to report as required  

PART 3.4--PROVISIONS APPLYING TO ALL REPORTS

Division 3.4.1--What information is to be reported

Division 3.4.2--How report is to be made

  • 63 How is a report made in an approved way?  
  • 64 Where are approved reporting places?  
  • 65 Reports by young offenders  
  • 66 Reports by offenders with disability  
  • 67 Regulation about reports not made in person  
  • 68 Police officers who may receive reports  
  • 69 Police officer receiving report may arrange interpreter  

Division 3.4.3--Additional provisions for reports made in person

  • 70 Offence—offender reporting in person must provide identification etc  
  • 71 Offence—person reporting in person for offender must provide  
  • 72 Identification documents may be copied  
  • 73 Right to privacy when reporting in person  
  • 74 Right to have support person when reporting in person  
  • 75 Offender reporting in person may be fingerprinted to confirm  
  • 76 Offender to be told why fingerprints needed  
  • 77 Offence—offender must allow fingerprinting  
  • 78 Photographing offender  
  • 78A Order allowing use of force for photographing offender  
  • 79 Right to privacy when being photographed  
  • 80 Right to have support person when being photographed  

Division 3.4.4--Report to be acknowledged

  • 81 Receipt of report to be acknowledged  

Division 3.4.5--Keeping material for certain purposes

  • 82 Documents, fingerprints, photographs may be kept  

PART 3.5--REPORTING PERIOD

  • 83 When reporting period begins  
  • 84 Reporting period—single class 1  
  • 85 Reporting period—single class 2 offence—8 years  
  • 86 Reporting period—2 class 2 offences—15 years  
  • 87 Reporting period—multiple offences—life  
  • 88 Offences committed before commencement of Act used to work out length of reporting  
  • 89 Reduced reporting period for young offenders  
  • 90 Offences arising from same incident taken as 1 offence  
  • 91 Reporting period for person subject to child sex offender registration  
  • 92 Extended reporting period for offenders on parole  
  • 93 Extended reporting period for offender in custody  
  • 94 Reporting period for prescribed corresponding offenders  

PART 3.6--SUSPENSION OF REPORTING OBLIGATIONS

  • 95 Pt 3.6 only applies to offender with life-long reporting period  
  • 96 Eligibility of offender to apply for suspension order  
  • 97 Supreme Court may make suspension order  
  • 98 Chief police officer is party to application  
  • 99 No costs to be awarded for suspension order application  
  • 100 Unsuccessful applicant cannot reapply for 5 years  
  • 101 Suspension order ceases if offender reoffends  
  • 102 Application for new suspension order  

PART 3.7--NOTICE OF REPORTING OBLIGATIONS

  • 103 What is a reporting obligations notice?  
  • 104 Reporting obligations notice to be given when person becomes registrable  
  • 105 Reporting obligations notice may be given at any time  
  • 106 Courts to provide sentencing information to chief police officer  
  • 107 Chief police officer must tell offender if reporting period  
  • 108 Supervising authority to tell chief police officer of certain events  
  • 109 Procedural defects do not affect offender's obligations  

PART 3.8--PROTECTED WITNESSES

  • 110 Who is a protected registrable offender?  
  • 111 Protected and unprotected registrable offender declarations  
  • 115 When protected and unprotected registrable offender declarations take  

PART 3.10--FAILURE TO COMPLY WITH REPORTING OBLIGATIONS--PUBLIC NOTICES

  • 116A Chief police officer may issue public notice in certain  

PART 3.11--ENTRY AND SEARCH WARRANTS

Division 3.11.1--Preliminary

  • 116B Definitions—pt 3.11  

Division 3.11.2--Entry and search warrants—general

  • 116C Entry and search warrant—application  
  • 116D Application for entry and search warrant—supporting information  
  • 116E Entry and search warrant—remote application  
  • 116F Entry and search warrant—deciding application  
  • 116G Content of entry and search warrant  
  • 116H What an entry and search warrant may authorise  
  • 116I Extension and amendment of entry and search warrant  
  • 116J Revocation of entry and search warrant  

Division 3.11.3--Executing entry and search warrants

  • 116K Use of force and availability of assistance in executing entry and search  
  • 116L Announcement before entry  
  • 116M Details of warrant to be given to occupier etc  
  • 116N Occupier entitled to be present during search etc  
  • 116O Use of equipment to examine or process things  
  • 116P Use of electronic equipment at premises  
  • 116Q Order requiring registrable offender to assist with access to data  
  • 116R Damage etc to be minimised  
  • 116S Compensation  

Division 3.11.4--Seized things

  • 116T Copies of seized things to be provided  
  • 116U Receipt for things seized  
  • 116V Return or destruction of things seized  
  • 116W Application for order disallowing seizure  
  • 116X Forfeiture and disposal of seized things  

Division 3.11.5--Miscellaneous

  • 116Y Offence—refusal of entry to premises  
  • 116Z Admissibility of evidence  

CHAPTER 4--CHILD SEX OFFENDERS REGISTER

  • 117 Establishment of child sex offenders register  
  • 118 Access to child sex offenders register restricted  
  • 119 Access to information about protected witnesses restricted  
  • 120 Offence—unauthorised person must not access child sex offenders register  
  • 122 Registrable offender may correct child sex offenders register  
  • 122A Order for removal of registrable offender—application by chief police  
  • 122B Notice to victim of proposed application for order  
  • 122C Order for removal of registrable offender who was young offender at time of  

CHAPTER 5--REGISTRABLE OFFENDERS PROHIBITED FROM CHILD-RELATED EMPLOYMENT

  • 123 What is employment?  
  • 124 What is child-related employment?  
  • 125 When is a person engaged in child-related employment?  
  • 126 Offence—offender must not apply for child-related employment  
  • 127 Offence—offender must not engage in child-related employment  
  • 128 Offence—person in child-related employment must disclose charges  
  • 130 Offence—person must disclose charges if applying for child-related  
  • 132 Offence—employer must keep information secret  

CHAPTER 5A--ORDERS PROHIBITING OFFENDER CONDUCT

PART 5A--.1 PRELIMINARY

  • 132A Definitions—ch 5A  
  • 132AA Delegation  

PART 5A--.2 PROHIBITION ORDERS

  • 132B Application for prohibition order  
  • 132C CYP director-general's report  
  • 132D Court may make prohibition order  
  • 132E Matters court must consider before making prohibition order  
  • 132F Conduct that may be prohibited by prohibition order etc  
  • 132G Term of prohibition order  

PART 5A--.3 INTERIM PROHIBITION ORDERS

  • 132H Court may make interim prohibition order  
  • 132I Term of interim prohibition order  
  • 132J Extending interim prohibition order if application for prohibition order adjourned  

PART 5A--.4 AMENDING OR REVOKING PROHIBITION AND INTERIM PROHIBITION ORDERS

  • 132K Application to amend or revoke prohibition order or interim prohibition  
  • 132L Court may amend or revoke prohibition order or interim prohibition  

PART 5A--.5 CORRESPONDING PROHIBITION ORDERS

  • 132M Application for registration of corresponding prohibition order  
  • 132N Registration of corresponding prohibition order—no amendment  
  • 132O Notice of registration of unamended corresponding prohibition  
  • 132P Registration of corresponding prohibition order—with amendment  
  • 132Q Term of registered corresponding prohibition order  
  • 132R Application to amend or cancel registration of registered corresponding prohibition  
  • 132S Court may amend or cancel registration of registered corresponding prohibition  

PART 5A--.6 PEOPLE WITH LEGAL DISABILITIES

  • 132T Definitions—pt 5A.6  
  • 132U Appointing litigation guardian for person with legal disability  
  • 132V Functions of litigation guardian  
  • 132W Removal of litigation guardian  
  • 132X Representation of parties with legal disability  

PART 5A--.7 OTHER PROVISIONS ABOUT ORDERS PROHIBITING OFFENDER CONDUCT

  • 132Y Court sets return date  
  • 132Z Service of applications  
  • 132ZA If personal service impractical or impossible  
  • 132ZB Court may issue warrant for person's arrest  
  • 132ZC Giving copy of order to person not before court  
  • 132ZD Giving copy of order for young person etc  
  • 132ZE Explaining orders if person before court  
  • 132ZF Explaining orders if person not before court  
  • 132ZG Proceedings for orders to be closed to public  

PART 5A--.8 OFFENCES

  • 132ZH Offences—prohibition of publication of identity  
  • 132ZI Offence—contravention of prohibition order etc  
  • 132ZJ Offence—contravention of registered corresponding prohibition order  
  • 132ZK Matters relevant to reasonable excuse defence  

PART 5A--.9 OBTAINING AND DISCLOSING PARTICULAR INFORMATION

  • 132ZL Meaning of government agency—pt 5A.9  
  • 132ZM Chief police officer may require information about person  
  • 132ZN Chief police officer may give information about order to prescribed  
  • 132ZO Chief police officer may give information about order to person with parental  
  • 132ZP Offence—prescribed entities and people with parental responsibility to keep information  
  • 132ZQ CYP director-general to be given information about young person  
  • 132ZR Certain material may be kept  

PART 5A--.10 APPEALS TO SUPREME COURT

  • 132ZS Meaning of appealable decision—pt 5A.10  
  • 132ZT Appeals to Supreme Court  
  • 132ZU Powers of Supreme Court on appeal  

CHAPTER 5B--NOTIFICATION AND REVIEW OF DECISIONS

  • 132ZV Meaning of reviewable decision—ch 5B  
  • 132ZW Reviewable decision notices  
  • 132ZX Applications for review  

CHAPTER 6--MISCELLANEOUS

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