COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 114
COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 114
114 . Regulations
(1) The Governor may
make regulations prescribing all matters that are required or authorised by
this Act to be prescribed, or are necessary or convenient to be prescribed for
giving effect to the purposes of this Act.
(2) Without limiting
subsection (1), regulations may be made for or with respect to —
(a)
matters incidental to the making of reports under Part 3 including —
(i)
the manner and form in which a report must be made; and
(ii)
the nature of any verifying documentation or evidence to
be produced in support of a report; and
(iii)
requiring that a report contain information additional to
that required by that Part;
and
(b) the
form of, or the information to be included in, any notice or other document
that is required by this Act to be given to reportable offenders; and
(c) the
manner and form in which the Register is to be established and maintained,
including the manner and form in which information is to be entered in the
Register; and
(d)
requiring or authorising the Commissioner to remove specified information, or
information of a specified class, from the Register; and
(e) the
notification of reporting obligations to reportable offenders, including
—
(i)
the manner and form in which the information is to be
given to reportable offenders; and
(ii)
requiring the reportable offender to acknowledge being
given the notice and prescribing how that acknowledgment is to be given; and
(iii)
making special provision for the notification of
reportable offenders who are children or who have disabilities or other
special needs; and
(iv)
requiring or authorising a person to be notified of a
reportable offender’s status as a child or person who has a disability
or other special need to facilitate notification and reporting; and
(v)
providing for the notification to be given to a carer of,
or a person nominated by, a reportable offender who may be unable to
understand his or her reporting obligations or the consequences of failing to
comply with those obligations; and
(vi)
requiring that a reportable offender be given additional
information to that required by this Act; and
(vii)
requiring a person to provide specified information to
reportable offenders concerning their reporting obligations; and
(viii)
requiring a person to inform the Commissioner —
(I) that a reportable offender has left the
custody or control of the person;
(II) that the person
has given specified information to a reportable offender;
(III) that, in the
opinion of the person, a reportable offender does or does not have the legal
capacity to understand specified information;
and
(ix)
requiring a person to give the Commissioner any
acknowledgment by a reportable offender of the receipt of a notice or any
other specified information that is held by the person;
and
(f)
empowering the Commissioner to give directions as to which police stations or
approved places are to be used as a venue for the making of reports; and
(g)
requiring a person to create records for the purposes of this Act and to
retain those records for a specified period or an unlimited period; and
(h)
prescribing a person who falls within a specified class of persons as a
corresponding reportable offender for the purposes of this Act; and
(i)
stating that an order of a specified class made under a
specified corresponding Act is a corresponding offender reporting order for
the purposes of this Act.
(3) The regulations
may provide that a contravention of a regulation is an offence and prescribe,
for an offence against the regulations, a penalty not exceeding a fine of $6
000.