Victorian Consolidated Legislation

Sex Offenders Registration Act 2004 - SECT 6

PART 2 OFFENDERS TO WHOM ACT APPLIES

Who is a registrable offender?

6. Who is a registrable offender?



(1) Subject to subsections (3) to (6), a registrable offender is a person whom
a court has at any time (whether before, on or after 1 October 2004) sentenced
for a registrable offence.

Notes 1. Sentence is broadly defined in section 3. 2. This Act applies to
persons sentenced by a court of a foreign jurisdiction for certain offences
under the law of that jurisdiction-see the definition of court in section 3
and see section 7 for the definition of registrable offence. 3. This Act
applies to certain people who are registrable offenders for the purposes of
equivalent laws outside Victoria, even though they are not registrable
offenders under this Act-see section 15. 4. The effect of this Act is that any
adult offender sentenced at any time (including before 1 October 2004 and
still serving the sentence immediately before that date) for a class 1 or
class 2 offence (other than a single class 2 offence for which he or she was
not imprisoned or put under supervision) must comply with the reporting
obligations of Part 3.

(2) A person who is-

   (a)  a corresponding registrable offender; or

   (b)  a New South Wales registrable offender-

is also a registrable offender.

(3) Unless he or she is a registrable offender because of subsection (2), a
person is not a registrable offender merely because he or she-

   (a)  as a child committed a Class 1 or Class 2 offence for which he or she
        has been sentenced; or



   (b)  is a person in respect of whom a court has made an order referred to
        in section 360(1)(b), 360(1)(c) or 360(1)(d) of the
        Children, Youth and Families Act 2005 (or an equivalent order under
        the laws of a foreign jurisdiction) in respect of a Class 1 or Class 2
        offence.



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(4) Unless he or she is a registrable offender because of subsection (2) or is
an existing controlled registrable offender, a person is not a registrable
offender merely because he or she was sentenced for a registrable offence
before 1 October 2004.

(5) A person is also not a registrable offender if he or she is receiving
protection under a foreign witness protection law specified by the regulations
for the purposes of this subsection, or who has the same status as such a
person under an order made under a corresponding Act specified by the
regulations for the purposes of this subsection.

(6) A person ceases to be a registrable offender if-

   (a)  his or her finding of guilt in respect of the only registrable offence
        that makes him or her a registrable offender for the purposes of this
        Act is quashed or set aside by a court; or

   (b)  his or her sentence in respect of that offence is reduced or altered
        so that he or she would have been a person described in subsection
        (3)(b) or (c) had the amended sentence been the original sentence; or

   (c)  he or she is a registrable offender only because he or she is subject
        to a sex offender registration order and that order is quashed on
        appeal.

(7) For the purposes of this section, it is irrelevant whether or not a person
may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence
or sex offender registration order.

(8) A reference to a single offence in subsection (3)(c) includes a reference
to more than one offence that are the same arising from the same incident.

Note The meaning of single offence is qualified by section 5(1).