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?
- 8 Who is a registrable offender?
- 9 Registrable offender—exceptions
- 10 What is a registrable offence?
- 11 Who is a prescribed corresponding offender?
- 11A Chief police officer to decide if certain people prescribed corresponding
- 12 Appeal proceedings irrelevant
- 13 Effect of quashing of finding of guilt etc
PART 2.2--CHILD SEX OFFENDER REGISTRATION ORDERS
Division 2.2.1--Child sex offender registration orders—generally
- 14 What is a child sex offender registration order?
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
- 18A Meaning of previous offender—div 2.2.3
- 18B Application for child sex offender registration order in relation to previous
- 18C Court may make child sex offender registration order in relation to previous
- 18D Matters court must consider before making registration order in relation to previous
- 18E Keeping documents connected with order
CHAPTER 3--REPORTING
PART 3.1--DEFINITIONS FOR CH 3
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
- 59 What are personal details?
- 60 Meaning of some concepts in s 59
- 61 Meaning of employment in s 59
- 62 Application of s 59 to protected registrable offender
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
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
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