COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 6

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 6

6 .         Reportable offenders

        (1)         Subject to subsections (4) and (5), a reportable offender is a person whom a court, on or after the commencement day, sentences for a reportable offence.

        (2)         A person is also a reportable offender if —

            (a)         the person was sentenced for a reportable offence before the commencement day and is an existing controlled reportable offender in respect of that offence; or

            (b)         if paragraph (a) does not apply, the person —

                  (i)         was sentenced before the commencement day for 2 or more reportable offences; and

                  (ii)         at least one of those offences was committed within 8 years before that day.

        (3)         A person who is —

            (a)         a corresponding reportable offender; or

            (b)         a New South Wales reportable offender,

                is also a reportable offender.

        (4)         Unless he or she is a reportable offender because of subsection (3), a person is not a reportable offender merely because he or she as a child committed a single offence (including an offence under the laws of a foreign jurisdiction) that falls within a class of offences that are prescribed by the regulations to be offences for the purposes of this subsection.

        (5)         A person is also not a reportable offender if he or she is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.

        (6)         A person ceases to be a reportable offender if —

            (a)         the finding of guilt in respect of the only offence that makes the person a reportable offender for the purposes of this Act is quashed or set aside by a court; or

            (b)         the person is a reportable offender only because he or she is subject to an offender reporting order or past offender reporting order and that order is quashed on appeal.

        (7)         For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or offender reporting order or past offender reporting order.

        (8)         A reference to a single offence in subsection (4) includes a reference to more than one offence of the same kind arising from the same incident.