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This is a Bill, not an Act. For current law, see the Acts databases.


COMMUNITY PROTECTION (OFFENDER REPORTING) AMENDMENT BILL 2007

                     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




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               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.

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                    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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