Australian Capital Territory Consolidated Regulations

CRIMES (CHILD SEX OFFENDERS) REGULATION 2005 - NOTES

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     ACAT

              •     ACT

              •     adult

              •     Australian Consumer Law (ACT)

              •     Australian driver licence

              •     chief police officer

              •     child

              •     Childrens Court

              •     CrimTrac

              •     director-general (see s 163)

              •     Magistrates Court

              •     Supreme Court.

Note 3     Terms used in this regulation have the same meaning that they have in the Crimes (Child Sex Offenders) Act 2005 (see Legislation Act, s 148.) For example, the following terms are defined in the Crimes (Child Sex Offenders) Act 2005, dict:

              •     contact person (see s 33)

              •     in person

              •     registrable offender (see s 8 and s 9)

              •     reporting obligations notice (see s 103).

"birth certificate", for a person, means the person's birth certificate, or a certified extract about the person's birth from the register, under the Births, Deaths and Marriages Registration Act 1997 or a corresponding law of a State, an external territory or New Zealand.

"citizenship certificate", for a person, means the person's citizenship certificate issued under the Australian Citizenship Act 1948 (Cwlth), section 46 (Issue and proof of certificates of Australian citizenship) or a certified copy of the entry in the register about the person under that Act, section 44 (Evidence of entries in register).

"credit card"—see the Australian Consumer Law (ACT), section 2 (1).

"debit card"—see the Australian Consumer Law (ACT), section 2 (1).

"entitlement card", for a person, means a card issued to the person by the Commonwealth, a State, an external territory or New Zealand as evidence of the person's entitlement to a financial benefit.

Example of entitlement card

Medicare card

Note     An example is part of the regulation, 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).

"primary document", for a person, means the original of either of the following documents:

        (a)     the person's birth certificate;

        (b)     the person's citizenship certificate.

"secondary document "means any of the following documents:

        (a)     a current entitlement card for the person;

        (b)     a current credit or debit card issued to and signed by the person;

        (c)     a service bill issued to the person within the last 6 months;

        (d)     a student identity card or a certificate or statement of enrolment from an educational institution.

"service bill, "for a person, means a bill issued to the person for the use of a utility service, telephone service or internet service.

"utility service"—see the Utilities Act 2000, dictionary.

Endnotes

1     About the endnotes

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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

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.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Crimes (Child Sex Offenders) Regulation 2005 SL2005-44

notified LR 22 December 2005

s 1, s 2 commenced 22 December 2005 (LA s 75 (1))

remainder commenced 29 December 2005 (LA s 79A and seeA2005-30)

as amended by

Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 4 pt 4.9

notified LR 17 July 2008

s 1, s 2 commenced 17 July 2008 (LA s 75 (1))

sch 4 pt 4.9 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))

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.19

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.19 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Crimes (Child Sex Offenders) Amendment Regulation 2010 (No 1) SL2010-27

notified LR 1 July 2010

s 1, s 2 commenced 1 July 2010 (LA s 75 (1))

remainder commenced 2 July 2010 (s 2)

Fair Trading (Australian Consumer Law) Amendment Act 2010
A2010-54 sch 3 pt 3.6

notified LR 16 December 2010

s 1, s 2 commenced 16 December 2010 (LA s 75 (1))

sch 3 pt 3.6 commenced 1 January 2011 (s 2 (1))

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.42

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.42 commenced 1 July 2011 (s 2 (1))

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.16

notified LR 28 November 2011

s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

sch 3 pt 3.16 commenced 12 December 2011 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Dictionary
s 3     am A2010-54 amdt 3.17

Entities that must give offender reporting obligations notice—Act, s 104 (1)
s 12     am A2008-36 amdt 1.247; A2008-20 amdt 4.28; A2011-22 amdt 1.126

Access to personal information in child sex offenders register—Act, s 118 (1) (b) (i)
s 16A     ins SL2010-27 s 4
    am A2011-22 amdt 1.124; A2011-52 amdt 3.62

Supervising authority for registrable offender—Act, dict, def supervising authority
s 20     am A2008-20 amdt 4.29; A2011-22 amdt 1.126

Dictionary
dict     am A2008-36 amdt 1.248; A2010-54 amdt 3.18; A2011-22 amdt 1.125; A2011-52 amdt 3.63
    def credit card sub A2010-54 amdt 3.19
    def debit card sub A2010-54 amdt 3.19

5     Earlier republications

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	29 Dec 2005- 1 Feb 2009	not amended	new regulation
R2 2 Feb 2009	2 Feb 2009– 26 Feb 2009	A2008-36	amendments by A2008-36
R3 27 Feb 2009	27 Feb 2009– 1 July 2010	A2008-36	amendments by A2008-20
R4 2 July 2010	2 July 2010– 31 Dec 2010	SL2010-27	amendments by SL2010-27
R5 1 Jan 2011	1 Jan 2011– 30 June 2011	A2010-54	amendments by A2010-54
R6 1 July 2011	1 July 2011– 11 Dec 2011	A2011-22	amendments by A2011-22

© Australian Capital Territory 2011

Australian Capital Territory

SL2005-44

Republication No 7

Effective: 12 December 2011

Republication date: 12 December 2011

Last amendment made by A2011-52




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Crimes (Child Sex Offenders) Regulation 2005

, made under the Crimes (Child Sex Offenders) Act 2005

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Crimes (Child Sex Offenders) Regulation 2005

Endnotes14

Crimes (Child Sex Offenders) Regulation 2005