Orders made in relation to foreign offences and old offences
3F Orders made in relation to foreign offences and old offences
(1) The Local Court may, on application by the Commissioner of Police, order
any of the following persons to comply with the reporting obligations of this
Act--
(a) a person who has been found guilty of an offence against the law of
a foreign jurisdiction that, if the offence had been committed in New South
Wales, would have been an offence under the law of New South Wales, and who is
not otherwise a registrable person in respect of that offence,
(b) a person
who has (at any time) been sentenced by a court for a Class 1 offence of which
the person was found guilty before 15 October 2001, unless the person was a
child at the time that the offence was committed,
(c) a person who has (at
any time) been sentenced by a court for an offence referred to in paragraph
(a), (a2) or (c1) of the definition of
"Class 2 offence" in section 3 (1), of which the person was found guilty
before the commencement of this paragraph, unless the person was a child at
the time the offence was committed.
(2) The Local Court may make an order
under this section only if it is satisfied that the person poses a risk to the
lives or sexual safety of one or more children, or of children generally.
(3)
For the purposes of Division 6 of Part 3, if the Local Court makes an order in
respect of a person under this section, the person is taken to have been found
guilty of, and sentenced for, a Class 2 offence on the date an order under
this section is made.
(5) The fact that an
offence in respect of which a person has been found guilty is spent does not
prevent the making of an order under this section.
(6) For the purposes of
this section, an offence is spent if, under a law in any jurisdiction, the
person is permitted not to disclose the fact that the person was convicted or
found guilty of the offence.