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COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 3

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 3

3 .         Terms used

                In this Act, unless the context otherwise requires —

        approved place means a place approved by the Commissioner under section 34(1)(b);

        authorised person means a police officer or a person, or a person who falls within a class of persons, prescribed by the regulations;

        child means a person who is under 18 years of age;

        Class 1 offence has the meaning given to that term in section 10;

        Class 2 offence has the meaning given to that term in section 11;

        Class 3 offence has the meaning given to that term in section 12;

        commencement day means the day on which section 24 comes into operation;

        Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Act 1892 ;

        community order means —

            (a)         a community based order or intensive supervision order made under the Sentencing Act 1995 ; or

            (b)         a youth community based order or intensive youth supervision order made under the Young Offenders Act 1994 ;

        corresponding Act means a law of a foreign jurisdiction that —

            (a)         provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and

            (b)         is prescribed by the regulations to be a corresponding Act for the purposes of this Act;

        corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders that are prescribed by the regulations to be corresponding offender reporting orders for the purposes of this Act;

        corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner under this Act;

        corresponding reportable offence means an offence that is a reportable offence for the purposes of a corresponding Act but is not a reportable offence as defined in section 9;

        corresponding reportable offender has the meaning given to that term in section 7;

        court includes a court (however described) of a foreign jurisdiction;

        detainee means a person who is detained in a detention centre, as defined in the Young Offenders Act 1994 section 3;

        disability , in relation to a person, means —

            (a)         any defect or disturbance in the normal structure or functioning of the person’s body; or

            (b)         any defect or disturbance in the normal structure or functioning of the person’s brain; or

            (c)         any illness or condition that impairs the person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour,

        whether arising from a condition subsisting at birth or from an illness or injury;

        existing controlled reportable offender means a person who, as a result of having been sentenced for a reportable offence, was under the supervision of a supervising authority or any other person immediately before the commencement day and includes a person who was in government custody in respect of a reportable offence at that time;

        existing licensee means a person who is released under —

            (a)         a re-entry release order made under the Sentence Administration Act 2003 ; or

            (b)         a supervised release order made under the Young Offenders Act 1994 ,

        and includes a person who has a similar status under the laws of a foreign jurisdiction;

        finding of guilt has the meaning given to that term in section 4;

        foreign jurisdiction means a jurisdiction other than Western Australia (including jurisdictions outside Australia);

        foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses;

        government custody means —

            (a)         custody as a prisoner or detainee or as a mentally impaired accused where the custody order made under the Criminal Law (Mentally Impaired Accused) Act 1996 1 Part 4, as originally made, requires the person to be kept in strict government custody; or

            (b)         custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a);

        mentally impaired accused means a person who is subject to a custody order made under the Criminal Law (Mentally Impaired Accused) Act 1996 1 Part 4;

        New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales;

        New South Wales reportable offender has the meaning given to that term in section 8;

        offender reporting order means an order made under section 13 and includes a corresponding offender reporting order;

        parole means parole under an order made under the Sentence Administration Act 2003 and includes parole under an equivalent order made under the laws of a foreign jurisdiction;

        past offender reporting order means an order made under section 19 or 20A;

        personal details means the information listed in section 26(1);

        personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information;

        prisoner has the meaning given to that term in the Prisons Act 1981 section 3;

        protection order has the meaning given to that term in section 85;

        public authority means —

            (a)         a department of the Public Service; or

            (b)         a local government, regional local government or regional subsidiary; or

            (c)         a body, whether incorporated or not, or the holder of an office, being a body or office that is established for a public purpose under a written law and that, under the authority of a written law, performs a function on behalf of the State;

        Register means the Community Protection Offender Register established under section 80;

        reportable offence has the meaning given to that term in section 9;

        reportable offender has the meaning given to that term in section 6;

        reporting obligations , in relation to a reportable offender, means the obligations imposed on him or her by Part 3;

        reporting period means the period, as determined under Part 3 Division 5, during which a reportable offender must comply with his or her reporting obligations;

        sentence includes —

            (a)         an exercise of power under the Sentencing Act 1995 Part 6; and

            (b)         an order under the Sentencing Act 1995 Part 7; and

            (c)         an exercise of power under the Young Offenders Act 1994 section 66, 67, 69 or 70; and

            (d)         a custody order made under the Criminal Law (Mentally Impaired Accused) Act 1996 Part 4; and

            (e)         a special order made under the Young Offenders Act 1994 section 126; and

            (f)         anything prescribed by the regulations to be a sentence for the purposes of this definition,

        and any sentence or equivalent exercise of power or order under the laws of a foreign jurisdiction;

        strict government custody , in relation to a reportable offender, means custody as a prisoner, detainee or mentally impaired accused, but does not include such custody if the reportable offender —

            (a)         is regularly permitted to be absent from a place of custody for any period, regardless of its length, whether on leave of absence or otherwise; and

            (b)         is not during any such period under the immediate supervision of an officer of a supervising authority or other person having custody of the reportable offender;

        supervising authority , in relation to a class of reportable offenders, means the authority prescribed by the regulations as the supervising authority of that class of reportable offenders;

        young reportable offender means a reportable offender who is a child.

        [Section 3 amended: No. 47 of 2011 s. 15; No. 54 of 2012 s. 4 and 39; No. 26 of 2016 s. 46.]