SEX OFFENDERS REGISTRATION ACT 2004 - SECT 46 Offence of failing to comply with reporting obligations
SEX OFFENDERS REGISTRATION ACT 2004 - SECT 46
Offence of failing to comply with reporting obligationsS. 46(1) amended by No. 52/2007 s. 16, substituted by No. 82/2014 s. 17.
(1) A registrable offender who without reasonable excuse fails to comply with any of the registrable offender's reporting obligations (other than reporting obligations in respect of details to which section 14 applies) is guilty of an offence and liable to level 6 imprisonment (5 years maximum).
S. 46(1A) inserted by No. 82/2014 s. 17.
(1A) A registrable offender who without reasonable excuse fails to comply with any of the registrable offender's reporting obligations in respect of details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) applies is guilty of an offence and liable to level 6 imprisonment (5 years maximum).
S. 46(1B) inserted by No. 82/2014 s. 17.
(1B) A registrable offender who without reasonable excuse fails to comply with any of the registrable offender's reporting obligations in respect of details to which section 14(1)(a), (b), (c), (h), (i) or (l) applies is guilty of an offence and liable to level 7 imprisonment (2 years maximum).
(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; and
(b) whether the person has a disability that affects the person's ability to understand, or to comply with, those obligations; and
(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; and
(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.
S. 47 substituted by No. 82/2014 s. 18.