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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Community Protection (Offender Reporting)
Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 26 amended 2
5. Section 29A inserted 4
29A. Intended absence from place of residence
to be reported 4
6. Section 30 amended 5
7. Section 31 amended 5
8. Section 32 amended 6
9. Section 79 amended 6
10. Section 115A inserted 7
115A. Transitional arrangements for certain
offenders 7
11. Schedule 1 amended 7
12. Schedule 2 amended 8
13. Working with Children (Criminal Record
Checking) Act 2004 consequentially amended 8
60A. Certain wilful murder charges and
convictions 8
256--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Community Protection (Offender Reporting)
Amendment Bill 2007
A Bill for
An Act to amend the Community Protection (Offender Reporting)
Act 2004 and to make consequential amendments to the Working with
Children (Criminal Record Checking) Act 2004.
The Parliament of Western Australia enacts as follows:
page 1
Community Protection (Offender Reporting) Amendment Bill 2007
s. 1
1. Short title
This is the Community Protection (Offender Reporting)
Amendment Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Act amended
10 Except as stated in section 13, the amendments in this Act are to
the Community Protection (Offender Reporting) Act 2004.
4. Section 26 amended
(1) Section 26(1) is amended as follows:
(a) after paragraph (d) by inserting --
15 "
and
(da) any telephone number that he or she has or that
he or she regularly uses; and
(db) any email address that he or she has or that he
20 or she regularly uses; and
(dc) the name of any Internet service provider
whose Internet carriage service --
(i) he or she is supplied with; or
(ii) he or she regularly uses;
25 and
page 2
Community Protection (Offender Reporting) Amendment Bill 2007
s. 4
(dd) any name (other than a name reported under
paragraph (a)) that he or she uses, or by which
he or she is known, when using the internet for
the purposes of communication; and
5 (de) any --
(i) internet website; or
(ii) communication service provided by
means of the internet,
in connection with which he or she uses a name
10 referred to in paragraph (a) or (dd) or an email
address referred to in paragraph (db); and
";
(b) after each of paragraphs (a), (b), (c), (e), (f), (g), (h), (i)
and (j) by inserting --
15 " and ";
(c) after paragraph (f)(i) by inserting --
" and ".
(2) After section 26(1) the following subsection is inserted --
"
20 (1a) In subsection (1)(dc) --
"Internet carriage service" and "Internet service
provider" have the same meanings as they have in
Schedule 5 to the Broadcasting Services Act 1992
of the Commonwealth.
25 ".
page 3
Community Protection (Offender Reporting) Amendment Bill 2007
s. 5
5. Section 29A inserted
After section 29 the following section is inserted --
"
29A. Intended absence from place of residence to be
5 reported
(1) In this section, a reference to the place where a
reportable offender generally resides is a reference
to --
(a) the premises, or each of the premises, where he
10 or she generally resides, as determined in
accordance with section 26(2)(a); or
(b) if he or she does not generally reside at any
particular premises, the localities in which he or
she can generally be found.
15 (2) This section applies to a reportable offender who --
(a) intends to leave the place where he or she
generally resides for 7 or more consecutive
days; and
(b) does not intend to leave Western Australia.
20 (3) At least 7 days before leaving the place where he or she
generally resides, the reportable offender must report
the intended absence to the Commissioner and must
provide details of --
(a) the dates, or approximate dates, of the period
25 during which he or she intends to be absent
from the place where he or she generally
resides; and
(b) each address or location within Western
Australia at which he or she intends to reside
30 (to the extent that they are known) and the
dates, or approximate dates, of the periods
during which he or she intends to reside at
those addresses or locations.
page 4
Community Protection (Offender Reporting) Amendment Bill 2007
s. 6
(4) If circumstances arise making it impracticable for a
reportable offender to make the report at least 7 days
before he or she leaves, it is sufficient compliance with
subsection (3) if the reportable offender reports the
5 required information to the Commissioner no later than
24 hours after leaving the place where he or she
generally resides.
(5) If the reportable offender decides not to leave the place
where he or she generally resides, he or she must report
10 his or her change of intention to the Commissioner
within 7 days after deciding not to leave.
(6) This section does not limit any requirement under this
Act for a reportable offender to report a change in the
place where he or she generally resides.
15 ".
6. Section 30 amended
Section 30(1) is repealed and the following subsection is
inserted instead --
"
20 (1) This section applies to a reportable offender who
intends to leave Western Australia, whether to travel
elsewhere in Australia or to travel out of Australia.
".
7. Section 31 amended
25 (1) Section 31(1) and (2) are repealed and the following subsections
are inserted instead --
"
(1) This section applies to a reportable offender who --
(a) is in Western Australia, having left the place
30 where he or she generally resides (as described
in section 29A(1)), and decides to change any
page 5
Community Protection (Offender Reporting) Amendment Bill 2007
s. 8
details given to the Commissioner under
section 29A; or
(b) is out of Western Australia and decides to
change any details given to the Commissioner
5 under section 30.
(2) As soon as is practicable after making the decision, the
reportable offender must report the changed details to
the Commissioner.
".
10 (2) Section 31(3) is amended by deleting "The" and inserting
instead --
" If subsection (1)(b) applies, the ".
8. Section 32 amended
(1) After section 32(2) the following subsection is inserted --
15 "
(2a) If the reportable offender left Western Australia to
travel out of Australia, he or she must, in addition to
reporting under subsection (2), produce to the
Commissioner within 7 days after entering Western
20 Australia --
(a) his or her passport; and
(b) any other document in his or her possession
that contains information indicating where he
or she travelled while out of Australia.
25 ".
(2) Section 32(3) is amended after "subsection (2)" by inserting --
" or (2a) ".
9. Section 79 amended
Section 79 is amended by deleting "30" and inserting instead --
30 " 29A ".
page 6
Community Protection (Offender Reporting) Amendment Bill 2007
s. 10
10. Section 115A inserted
After section 115 the following section is inserted --
"
115A. Transitional arrangements for certain offenders
5 (1) A person who was sentenced for an offence against The
Criminal Code section 204B(2) or (3) (a "relevant
offence") before the day on which the Community
Protection (Offender Reporting) Amendment Act 2007
section 12 came into operation (the "relevant day") is
10 taken for the purposes of this Act --
(a) to be a reportable offender in respect of a
Class 2 offence; and
(b) to have been sentenced for that offence on the
relevant day.
15 (2) Subsection (1) does not apply to a person who was
sentenced for a relevant offence before the relevant day
and is subject to an offender reporting order in respect
of that offence.
(3) Nothing in this section limits the operation of this Act
20 in respect of a person who is sentenced for a relevant
offence on or after the relevant day.
".
11. Schedule 1 amended
Schedule 1 is amended after the item relating to The Criminal
25 Code section 187 by inserting --
"
s. 278 (as read with s. 282) Wilful murder (if the person against
whom the offence is committed is a child)
".
page 7
Community Protection (Offender Reporting) Amendment Bill 2007
s. 12
12. Schedule 2 amended
Schedule 2 is amended as follows:
(a) after the item relating to The Criminal Code section 186
by inserting --
5 "
s. 204B(2) Using electronic communication to
procure, or to expose to indecent matter, a
child under 16
s. 204B(3) Using electronic communication to
procure, or to expose to indecent matter, a
child under 13
";
(b) after the item relating to The Criminal Code
section 331D by inserting --
"
s. 557K(4) Child sex offender habitually consorting
with another child sex offender
s. 557K(6) Child sex offender being in or near a place
where children are regularly present
10 ".
13. Working with Children (Criminal Record Checking) Act 2004
consequentially amended
(1) The amendments in this section are to the Working with
Children (Criminal Record Checking) Act 2004.
15 (2) After section 60 the following section is inserted --
"
60A. Certain wilful murder charges and convictions
Without limiting Part 3 Division 1, if a person was
charged with or convicted of an offence against The
20 Criminal Code section 278 (as read with section 282)
on or after the commencement day and before the day
on which the Community Protection (Offender
page 8
Community Protection (Offender Reporting) Amendment Bill 2007
s. 13
Reporting) Amendment Act 2007 section 13 came into
operation (the "relevant day") --
(a) there is a relevant change in the person's
criminal record for the purposes of that
5 Division; and
(b) the relevant change is to be taken to have
occurred on the relevant day.
".
(3) Schedule 2 is amended after the item relating to The Criminal
10 Code section 204B by inserting --
"
s. 278 (as read with s. 282) Wilful murder
".
page 9
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