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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).]