COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 13
COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 13
13 . Offender reporting orders
(1) If —
(a) a
court finds a person guilty of an offence that is not a Class 1 offence or a
Class 2 offence; and
(b)
apart from this section, that offence would not result in the person becoming
a reportable offender,
the court may order
that the offender comply with the reporting obligations of this Act.
(2) The court may make
the order only if it is satisfied that the offender poses a risk to the lives
or the sexual safety of one or more persons, or persons generally.
(3) For the purposes
of subsection (2), it is not necessary that the court be able to identify a
risk to a particular person or particular persons or a particular class of
persons.
(4) In deciding
whether to make the order in relation to an offence, the court may take into
account the following —
(a) any
evidence given during proceedings for the offence;
(b) any
document or record (including an electronic document or record) served on the
offender by the prosecution;
(c) any
statement tendered, or deposition made, or exhibit tendered, at any
proceedings in relation to the offence;
(d) any
evidence given by a victim or the offender in relation to the making of the
order;
(e) any
pre-sentence report given to the court;
(f) any
victim impact statement given to the court;
(g) any
mediation report given to the court;
(h) any
other matter the court considers relevant.
(5) The court may make
the order at the time the person is sentenced for the offence.
(6) An application for
the imposition of the order may be made by the prosecution, but an application
is not necessary for the court to make the order.
(7A) If the order is
not made at the time the person is sentenced for the offence, an application
for the imposition of the order may be made to the court by the Commissioner
—
(a)
within the period of 6 months after the person is sentenced for the offence;
or
(b) if
the person is in government custody during all or any part of that period
— within the period that begins when the person is sentenced for the
offence and ends 6 months after the person ceases to be in government custody.
(7B) For the purposes
of an application made under subsection (7A), the reference in subsection
(4)(b) to the prosecution is taken to include a reference to the Commissioner.
(7C) Sections 16, 17,
18, 20 and 21 apply in relation to an application made under subsection (7A)
—
(a) as
if any reference to a court in those sections were a reference to the court
referred to in this section; and
(b) as
if any reference to a reporting order in those sections were a reference to an
order made under this section; and
(c) as
if any reference to the respondent in those sections were a reference to the
offender referred to in this section; and
(d) with
any other necessary modifications.
(7) For the purposes
of Part 3 Division 5, a person subject to an order made under this section is
taken to have been found guilty of a Class 2 offence.
[Section 13 amended: No. 54 of 2012 s. 6.]