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COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2005

- Act 61 of 2005 - Royal Assent 15 December 2005

Table of Provisions

Long Title

PART 1 - Preliminary matters

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 3A Community protection order
  • 4 Other reference provisions

PART 2 - Offenders to whom Act applies

  • 5 Reportable offenders
  • 6 Order requiring registration of offender
  • 7 Reporting orders for other offences
  • 8 Commissioner may apply for reporting order
  • 9 Magistrate may make reporting order on application from Commissioner
  • 10 Matters to be taken into account
  • 10A Magistrate may make community protection order on application from
  • Commissioner
  • 10B Magistrate may make interim community protection order
  • 11 Corresponding reportable offenders
  • 12 Reportable offences
  • 13 Class 1 offences
  • 14 Class 2 offences
  • 15 Class 3 offences

PART 3 - Reporting obligations Division 1 - Report

  • 16 Reporting obligations of reportable offenders
  • 17 Report by reportable offender of personal details

Division 2 - Ongoing reporting obligations

  • 18 Reportable offender to report annually and as required by the
  • Registrar
  • 19 Intended absence from Tasmania to be reported

Division 3 - Provisions applying to all reporting obligations

  • 20 Where reports must be made
  • 21 Power to take photographs and carry out non-intimate forensic
  • procedures
  • 22 Retention of material for certain purposes
  • 22A DNA profile to be included on DNA database system

Division 4 - Suspension and extension of reporting obligations

  • 23 Suspension and extension of reporting obligations

Division 4A - Suspension and variation of reporting obligations for

young reportable offenders
  • 23A Application of this Division
  • 23B Variation of reporting obligations of young reportable offenders
  • 23C Suspension of reporting obligations of young reportable offenders
  • 23D Effect of variation
  • 23E Effect of suspension
  • 23F Revocation of suspension or variation

Division 5 - Reporting period

  • 24 Length of reporting period
  • 25 Reduced period applies for young reportable offenders
  • 26 Reporting period for corresponding reportable offenders

Division 6 - Exemption from reporting obligations

  • 27 Application of Division
  • 28 Magistrate may exempt certain reportable offenders
  • 29 Order for suspension
  • 30 Commissioner and certain chief executive officers entitled to be
  • parties to proceedings
  • 31 No costs to be awarded
  • 32 Restriction on right of unsuccessful applicant to reapply for order

Division 7 - Offences

  • 33 Failure to comply with reporting obligations
  • 33A Failure to comply with community protection order
  • 34 Providing false or misleading information
  • 35 No time-limit for prosecutions

Division 8 - Notification of reporting obligations

  • 36 Notice to be given to reportable offender
  • 36A Power of detention to enable notice to be given
  • 36B Failure to comply with procedural requirement does not affect
  • reportable offender's reporting requirements
  • 37 Courts to provide details of orders to Commissioner
  • 38 Supervising authority to notify Commissioner of certain events

Division 9 - Modified reporting procedures for participants in

witness protection programs
  • 39 Term used in this Division
  • 40 Who this Division applies to
  • 41 Report need not be made in person

PART 4 - Community protection offender register

  • 42 Registrar
  • 43 Requirement to establish and maintain Community Protection Offender
  • Register
  • 44 Access to Register to be restricted
  • 44A Provision of information to Registrar of Births, Deaths and Marriages
  • 44B Provision of information to prescribed entities
  • 44C Disclosure of information to parent, guardian or carer
  • 44D Prescribed entities and parents, guardians or carers to keep
  • information secret
  • 45 Confidentiality

PART 5 - Other matters

  • 45A Interpretation
  • 45B Power to enter and search premises to verify personal details
  • 45C Power to enter and search places, premises, conveyances and
  • containers
  • 45D Failure to comply with Act
  • 46 Certain Acts not to apply
  • 47 Matters not to be heard in public
  • 47A Publication of personal details of certain reportable offenders
  • 48 Protection from liability
  • 49 Civil standard of proof
  • 50 Certificate concerning evidence
  • 50A Appeals
  • 51 Regulations
  • 52 Minister to review and report on Act
  • 53 Administration of Act
  • SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

    [ Note: This table has been automatically generated and may be incomplete. ]

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