Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• Australia
• Australian driver licence
• change
• chief police officer
• child
• entity
• fail
• function
• parent
• police officer
• prescribed
• reviewable decision notice
• State.
"act" includes omission.
"approved reporting place", for a registrable offender, for a report—see section 64.
"approved way", for the making of a report—see section 63.
"child-related employment", for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 124.
"child sex offender registration order"—see section 14.
"child sex offenders register"—see section 117.
class 1 offence—see section 10 (2).
class 2 offence—see section 10 (3).
"community service order "means a community service order within the meaning of the Crimes (Sentencing) Act 2005, section 13 (6) (Good behaviour orders).
Note An order under the Crimes Act 1900, s 408 (Directions to perform work) (repealed) is taken to be a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 339).
"contact person"—see section 33.
"corresponding child sex offender registration order" means an order (however described)—
(a) made under a corresponding law; and
(b) prescribed by regulation for this definition.
"corresponding law" means a law, or a provision of a law, of a foreign jurisdiction that—
(a) provides for people who have committed particular offences to report in that jurisdiction information about themselves and to keep that information current for a time; or
(b) is prescribed by regulation for this definition.
"corresponding registrable offence" means an offence that is a registrable offence for a corresponding law but is not a registrable offence under this Act.
"corresponding registrar", for a foreign jurisdiction, means the entity exercising functions under the corresponding law of the jurisdiction that corresponds, or most closely corresponds, to the functions of the chief police officer under this Act.
"court" includes a court (however described) of a foreign jurisdiction.
"disability"—see Discrimination Act 1991, section 5AA (1).
"employment", for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 123.
"engaged", in child-related employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 125.
"fingerprints" includes fingerscan.
"fingerscan" means fingerprints taken using a device to obtain a record of the fingerprints.
"finding of guilt"—see section 7.
"foreign jurisdiction" means a jurisdiction other than the ACT (including a jurisdiction outside Australia).
"forensic patient"—see the Public Advocate Act 2005, dictionary.
"government custody" means custody, whether in the ACT or elsewhere—
(a) under a sentence of imprisonment; or
(b) as a detainee under the Corrections Management Act 2006; or
(c) as a forensic patient; or
(d) under a corresponding law in the nature of custody mentioned in paragraph (a), (b) or (c), however described.
"in person"—a person does a thing in person at a place only if the person does the thing by personally attending at the place.
Examples of things not done in person
a person making a report by telephone or email
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"offender's reporting month", for a registrable offender—see section 37 (Offence—offender must report annually).
"parole" means parole under the Crimes (Sentence Administration) Act 2005, and includes an equivalent order (however described) made under a foreign law.
Note A parole order under the Rehabilitation of Offenders (Interim) Act 2001 (repealed) is taken to be a parole order under the Crimes (Sentence Administration) Act 2005 (see that Act, s 343 and s 344).
"personal details", for a registrable offender—see s 59.
"personal information" means information about an individual whose identity is apparent, or can reasonably be found out, from the information.
"person with parental responsibility", for a young person—means a person who has parental responsibility for the young person under the Children and Young People Act 2008, division 1.3.2.
"prescribed corresponding offender"—see section 11.
"protected registrable offender"—see section 110.
"protected registrable offender declaration"—see section 111 (a).
"recognised foreign reporting period", for a prescribed corresponding offender—see section 11.
"registrable offence"—see section 10.
"registrable offender"—see section 8 and section 9.
"reporting obligation"—see section 19.
"reporting obligations notice"—see section 103.
"reporting offence"—see section 20.
"reporting offence provision"—see section 20.
"reporting period", for a registrable offender, means the period, worked out under part 3.5 (Reporting period), during which the offender must comply with the offender's reporting obligations.
"same incident"—offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person.
"sentence" means—
(a) when used as a noun—the penalty imposed for an offence; or
(b) when used as a verb—to impose a penalty for an offence;
and includes a finding of guilt mentioned in section 7 (1) (c) or (e).
"supervising authority", for a person, means the entity declared by regulation to be the person's supervising authority.
"suspension order"—see section 96.
"travel details", for travel by a registrable offender—see section 42 (c).
"unprotected registrable offender declaration"—see section 111 (b).
"witness protection program"—see the Witness Protection Act 1996, dictionary.
"young person"—means a person who is not yet an adult.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
Crimes (Child Sex Offenders) Act 2005 A2005-30
notified LR 29 June 2005
s
1, s 2 commenced 29 June 2005 (LA s 75
(1))
remainder commenced 29 December 2005 (s 2 and
LA s 79)
as amended by
Public Advocate Act 2005 A2005-47 sch 1 pt 1.3 (as am by A2006-3 amdt 1.8)
notified LR 2 September
2005
s 1, s 2 commenced 2 September 2005 (LA s 75
(1))
sch 1 pt 1.3 commenced 1 March 2006 (s 2 (1)
as am by A2006-3 amdt 1.8)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.11
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.11 commenced 29 December 2005 (LA s 79A and see A2005-30)
Human Rights Commission Legislation Amendment Act
2006
A2006-3 amdt 1.8
notified LR 22 February
2006
s 1, s 2 commenced 22 February 2006 (LA s 75
(1))
amdt 1.8 commenced 23 February 2006 (s
2)
Note This Act only amends the Public Advocate Act 2005 A2005-47
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.8
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.8 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.8
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.8 commenced 16 November 2006 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.7
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 July 2007 (s 2 and CN2007-3)
Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 2 pt 2.6, sch 3 pt 3.7, sch 4 pt 4.8
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.6 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 3 pt 3.7 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 4 pt 4.8 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.19
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.19 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.26
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.26 commenced 2 February 2009 (s 2 (1) and see
ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and
CN2009-2)
Commencement
s
2 om LA s 89 (4)
Dictionary
s
3 am A2006-42 amdt 3.27
Meaning of finding of
guilt
s 7 am A2006-23 amdts
1.80-1.83; A2008-20 amdt 4.21, amdt 4.22; pars renum R12
LA
Registrable
offender—exceptions
s
9 am A2006-23 amdt 1.84, amdt 1.85; A2008-20 amdt 4.23, amdt 4.24; pars renum
R12 LA
(1) (a) (i) note, (4) exp
3 June 2021 (s 9 (4))
Court may only make order with
sentence
s 17 am A2008-20 amdt
4.25
Offence—offender in ACT at
commencement of Act must report
s
21 exp 29 December 2007 (s 21 (2))
Offender reporting in person may be
fingerprinted to confirm
identity
s 75 am A2008-28 amdt
3.74
Supervising authority to tell chief police
officer of certain events
s
108 am A2006-23 amdt 1.86, amdt
1.87
(1) (c) note, (4) exp 3 June
2011 (s 108 (4))
Review of unprotected registrable offender
declaration
s 112 am A2008-37
amdt 1.101
Chief police officer must tell offender
about ACAT review
s 113 sub
A2008-37 amdt 1.102
ACAT review of chief police officer's
decision
s 114 sub A2008-37 amdt
1.102
When protected and unprotected registrable
offender declarations take
effect
s 115 am A2008-37 amdt
1.103
Access to information about protected
witnesses restricted
s 119 am
A2006-42 amdt 3.28
What is child-related
employment?
s 124 am A2007-12
amdt 1.11, amdt 1.12; A2008-20 amdt 2.17, amdt 4.26
Offence—person in child-related
employment at commencement of Act must disclose
charges
s 129 exp 29 December
2006 (s 129 (2))
Offence—person must disclose charges
pending at commencement of Act if applying for child-related
employment
s 131 exp 29 December
2006 (s 131 (2))
Approved
forms
s 133 am A2006-42 amdt
3.29
Consequential
amendments
ch 7 hdg om LA s 89
(3)
Legislation amended—sch
3
s 138 om LA s 89
(3)
Offences against other
legislation
sch 2 pt 2.2 am
A2005-60 amdt 1.51; items renum R1 LA (see A2005-60 amdt 1.52)
Ombudsman Act 1989—consequential
amendments
sch 3 om LA s 89
(3)
Dictionary
dict am
A2008-37 amdt 1.104
def
community service order am A2006-23 amdt
1.88
sub A2008-20 amdt
4.27
(a) note exp 3 June 2011 (s
108 (4))
def detainee
om A2006-23 amdt 1.89
def
forensic patient sub A2005-47 amdt
1.8
def government custody
om A2006-23 amdt 1.90
def
parole sub A2006-23 amdt
1.91
def person with parental
responsibility am A2008-20
amdt 3.16
def witness
protection program am A2006-42 amdt 3.30
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
29 Dec
2005– |
A2005-60 |
new Act and amendments by A2005-60 |
|
R2 |
1 Mar
2006– |
A2006-3 |
amendments by A2005-47 as amended by A2006-3 |
|
R3 |
2 June
2006– |
A2006-23 |
amendments by A2006-23 |
|
R4 |
16 Nov
2006– |
A2006-42 |
amendments by A2006-42 |
|
R5 |
30 Dec
2006– |
A2006-42 |
commenced expiry |
|
R6 |
1 July
2007– |
A2007-12 |
amendments by A2007-12 |
|
R7 |
30 Dec
2007– |
A2007-12 |
commenced expiry |
|
R8 |
26 Aug
2008– |
A2008-28 |
amendments by A2008-28 |
|
R9 |
9 Sept
2008– |
A2008-37 |
amendments by A2008-20 |
|
R10 |
27 Oct
2008– |
A2008-37 |
amendments by A2008-20 |
|
R11 |
2 Feb
2009– |
A2008-37 |
amendments by A2008-37 |
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