New South Wales Consolidated Acts

CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 3A

3A Registrable persons

(1) A "registrable person" is a person whom a court has at any time (whether before, on or after the commencement of this section) sentenced in respect of a registrable offence, and includes a corresponding registrable person.

(2) Unless a person is a corresponding registrable person, a person is not a registrable person merely because the person:

(a) is a person in respect of whom a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 (or an equivalent order under the laws of a foreign jurisdiction) in respect of a Class 1 or Class 2 offence, or

(c) as a child committed:

(i) a single offence involving an act of indecency, or

(ii) a single offence under section 578B or 578C (2A) of the Crimes Act 1900 or an offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction, or

(iii) a single offence under section 21G (1) of the Summary Offences Act 1988 or section 91J (1), 91K (1) or 91L (1) of the Crimes Act 1900 , or

(iv) a single offence (including an offence committed under the laws of a foreign jurisdiction) that falls within a class of offence the regulations prescribe for the purposes of this subparagraph, or

(v) a single offence an element of which is an intention to commit an offence of a kind listed in this paragraph, or

(vi) a single offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this paragraph, or

(d) is a person whom a court has found guilty of a registrable offence before 15 October 2001, unless the person is an existing controlled person or the offence results in the making of a child protection registration order against the person.

(3) A person is not a registrable person if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this section.

(4) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or child protection registration order.

(5) A reference to a single offence in this section includes a reference to more than one offence of the same kind arising from the same incident.