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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Child Protection (Offenders
Registration) Amendment (Suspended
Sentences) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Child Protection (Offenders Registration)
Act 2000 No 42 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Child Protection (Offenders
Registration) Amendment (Suspended
Sentences) Bill 2007
Act No , 2007
An Act to amend the Child Protection (Offenders Registration) Act 2000 with respect
to persons who are subject to suspended sentences of imprisonment.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Child Protection (Offenders Registration) Amendment (Suspended
Clause 1 Sentences) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Child Protection (Offenders Registration) Amendment
(Suspended Sentences) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Child Protection (Offenders Registration) Act 2000 No 42
The Child Protection (Offenders Registration) Act 2000 is amended as
set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Child Protection (Offenders Registration) Amendment (Suspended
Sentences) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Omit "was serving a term" from paragraph (a) of the definition of existing
controlled person in section 3 (1).
Insert instead "was subject to a sentence".
[2] Section 3 (1), definition of "existing controlled person"
Omit "or home detention order" from paragraph (a) (i) of the definition.
Insert instead ", home detention order or sentence suspension order".
[3] Section 3 (1)
Insert in alphabetical order:
sentence suspension order means an order under section 12 of
the Crimes (Sentencing Procedure) Act 1999.
[4] Section 3A Registrable persons
Omit "or home detention order" from section 3A (2) (b) (i).
Insert instead ", home detention order or sentence suspension order".
[5] Section 4 Notices to be given when persons sentenced for registrable
offences
Insert after section 4 (2):
(2A) For the avoidance of doubt, it is declared that this section extends
to any registrable person whom the court has sentenced to a term
of imprisonment even if the term of imprisonment is subject to a
sentence suspension order.
[6] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Child Protection (Offenders Registration) Amendment
(Suspended Sentences) Act 2007
Page 3
Child Protection (Offenders Registration) Amendment (Suspended
Sentences) Bill 2007
Schedule 1 Amendments
[7] Schedule 2, Part 4
Insert after Part 3 of Schedule 2:
Part 4 Provisions consequent on enactment of
Child Protection (Offenders Registration)
Amendment (Suspended Sentences) Act
2007
10 Application of amendments to suspended sentences
(1) This Act, as amended by the 2007 amending Act extends, and is
taken always to have extended, to any person who has been
sentenced in respect of a registrable offence at any time before
the commencement of the 2007 amending Act.
(2) Despite subclause (1), a person who has become a registrable
person as a consequence of the amendments made by the 2007
amending Act is not guilty of an offence under this Act by virtue
of anything the person has done or omitted to do at any time
before the commencement of the 2007 amending Act if, at that
time, the person was not a registrable person.
(3) As soon as practicable after the commencement of the 2007
amending Act, the Commissioner of Police is to give any person
who has become a registrable person as a consequence of the
amendments made by that Act written notice of:
(a) the person's reporting obligations, and
(b) the consequences that may arise if the person fails to
comply with those obligations.
(4) In this clause, the 2007 amending Act means the Child
Protection (Offenders Registration) Amendment (Suspended
Sentences) Act 2007.
Page 4
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