Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Child Protection (Offenders Registration) Act
2000 (the principal Act) so as to ensure that a person who is subject to a sentence of
imprisonment for a single Class 2 offence (more serious offences are referred to in
that Act as Class 1 offences and less serious offences as Class 2 offences) is not
excluded from the reporting requirements of that Act merely because the person’s
sentence has been suspended under section 12 of the Crimes (Sentencing Procedure)
Act 1999.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the principal
Act set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent. Section 30 of the Interpretation Act 1987 provides that
the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [3] amends section 3 of the principal Act (the definitions section) so as
to insert a definition of sentence suspension order.

Schedule 1 [4] amends section 3A of the principal Act (a section that defines the
expression registrable person for the purposes of that Act) so as to ensure that a
person who is subject to a sentence of imprisonment for a single Class 2 offence is
not excluded from the reporting requirements of that Act merely because the person’s
sentence is subject to a sentence suspension order.

Schedule 1 [1] and [2] amend the definition of existing controlled person in section
3 (1) of the principal Act so as to ensure that a person who was subject to the same
kind of sentence as at 15 October 2001 (when the substantive provisions of the Act,
including section 3, commenced) is also not excluded from the reporting
requirements of that Act merely because the person’s sentence was, at that time,
subject to a sentence suspension order.

Schedule 1 [5] amends section 4 of the principal Act so as to make it clear that a court
that sentences a person to a term of imprisonment must notify the person of his or her
reporting obligations under that Act, and of the consequence of not meeting those
obligations, even if the term of imprisonment is subject to a sentence suspension
order.

Schedule 1 [6] amends clause 1 of Schedule 2 to the principal Act so as to authorise
the Governor to make regulations of a savings or transitional nature consequent on
the enactment of the proposed Act.

Schedule 1 [7] inserts proposed Part 4 into Schedule 2 to the principal Act. The new
Part includes a single provision (proposed clause 10) that ensures that the
amendments made by the proposed Act extend, and are taken always to have
extended, to persons sentenced before the commencement of those amendments.

Any such person who was not subject to the reporting requirements of the principal
Act immediately before that commencement will, on that commencement, become
subject to those requirements. The clause requires the Commissioner of Police to
notify all relevant persons of their reporting obligations under the principal Act, and
of the consequence of not meeting those obligations, as soon as practicable after that
commencement.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]