COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 62
COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 62
62 . Cessation of approval
(1) The approval of
the suspension of a reportable offender’s reporting obligations under
this Division ceases to have effect if, at any time after the suspension, the
reportable offender —
(a) is
made subject to an offender reporting order, a past offender reporting order
or a protection order; or
(b) is
found guilty of a reportable offence; or
(c)
becomes a corresponding reportable offender who must under section 49 continue
to comply with the reporting obligations imposed by this Part for any period.
(2A) The approval of
the suspension of a reportable offender’s reporting obligations under
this Division also ceases to have effect if the Commissioner —
(a) is
no longer satisfied that the reportable offender does not pose a risk to the
lives or the sexual safety of one or more persons, or persons generally; and
(b)
gives the reportable offender written notice to that effect.
(2) The approval of
the suspension of a reportable offender’s reporting obligations that
ceased to have effect in accordance with subsection (1) is revived if —
(a) the
finding of guilt that caused the approval to cease to have effect is quashed
or set aside by a court; or
(b) the
approval ceased to have effect in accordance with subsection (1)(a) and
—
(i)
the offender reporting order, past offender reporting
order or protection order is quashed on appeal; or
(ii)
in the case of an offender reporting order or past
offender reporting order — the finding of guilt in respect of the
offence that resulted in the making of that order is quashed or set aside by a
court.
(3) 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 or an offender reporting
order, past offender reporting order or protection order.
[Section 62 amended: No. 54 of 2012 s. 20 and
42(2).]