Victorian Consolidated Legislation

Sex Offenders Registration Act 2004 - SECT 46

Offence of failing to comply with reporting obligations

46. Offence 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.

Penalty: Level 6 imprisonment (5 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.