COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 63

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 63

63 .         Failure to comply with reporting obligations

        (1)         A reportable offender who, without reasonable excuse, fails to comply with any of his or her reporting obligations commits a crime.

        Penalty: imprisonment for 5 years.

        Summary conviction penalty: a fine of $12 000 and imprisonment for 2 years.

        (2)         In determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, a court must have regard to the following matters —

            (a)         the person’s age;

            (b)         whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations;

            (c)         whether the form of notification given to the reportable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender’s circumstances;

            (d)         any matter specified by the regulations for the purposes of this section;

            (e)         any other matter the court considers appropriate.

        (3)         It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.

        [Section 63 amended: No. 54 of 2012 s. 21.]