CHILD SEX OFFENDERS REGISTRATION ACT 2006 - SECT 44

CHILD SEX OFFENDERS REGISTRATION ACT 2006 - SECT 44

44—Offences of failing to comply with reporting obligations

        (1)         A registrable offender must not fail to comply with any of his or her reporting obligations without a reasonable excuse.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (1a)         A registrable offender must not fail to comply with a reporting obligation relating to reportable contact with a child without a reasonable excuse.

Maximum penalty: $25 000 or imprisonment for 5 years.

        (2)         In determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters:

            (a)         the person's age;

            (b)         whether the person has a disability that affects the person's ability to understand, or to comply with, those obligations;

            (c)         whether the form of notification given to the registrable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender's circumstances;

            (d)         any other matter the court considers appropriate.

        (3)         It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.