Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Purpose and outline  
   7.      Meaning of finding of guilt  

CHAPTER 2--OFFENDERS TO WHOM ACT APPLIES

   PART 2.1--WHO IS A REGISTRABLE OFFENDER?

   8.      Who is a registrable offender?  
   9.      Registrable offender—exceptions  
   10.     What is a registrable offence?  
   11.     Who is a prescribed corresponding offender?  
   11A.    Chief police officer to decide if certain people prescribed corresponding  
   12.     Appeal proceedings irrelevant  
   13.     Effect of quashing of finding of guilt etc  

   PART 2.2--CHILD SEX OFFENDER REGISTRATION ORDERS

           Division 2.2.1--Child sex offender registration orders—generally

   14.     What is a child sex offender registration order?  

           Division 2.2.2--Orders for offenders guilty of offence other than class 1 or class 2 offence

   15.     Court may make child sex offender registration order  
   16.     Court may only make order if person risk to sexual safety  
   17.     Court may only make order with sentence  
   18.     Court may only make order on prosecution application  

           Division 2.2.3--Orders for certain previous offenders

   18A.    Meaning of previous offender—div 2.2.3  
   18B.    Application for child sex offender registration order in relation to previous  
   18C.    Court may make child sex offender registration order in relation to previous  
   18D.    Matters court must consider before making registration order in relation to previous  
   18E.    Keeping documents connected with order  

CHAPTER 3--REPORTING

   PART 3.1--DEFINITIONS FOR CH 3

   19.     What is a reporting obligation?  
   20.     What is a reporting obligation provision?  

   PART 3.2--WHEN INITIAL REPORT MUST BE MADE

           Division 3.2.1--When registrable offender must make initial report of personal details

   22.     Offender in custody at commencement of Act must report  
   23.     Offender must report after sentencing  
   24.     Offender entering ACT must report  
   25.     Prescribed corresponding offender must report  
   26.     Exception—offender's reporting obligations suspended  
   27.     Exception—protected registrable offender  

           Division 3.2.2--When registrable offender must make new initial report of personal details

   28.     Offender later sentenced for registrable offence must report  
   29.     Offender who later becomes prescribed corresponding offender must  
   30.     Offender whose reporting suspension ceases must report  
   31.     Exception—offender's reporting obligations suspended  
   32.     Exception—protected registrable offender  

           Division 3.2.3--People required to report under corresponding law

   33.     Person entering ACT must make contact  
   34.     Offender entering ACT must make contact  
   35.     Exception—person has already made contact  
   36.     Exception—offender's reporting obligations suspended  

   PART 3.3--ONGOING REPORTING

           Division 3.3.1--Annual reporting

   37.     Offender must report annually  
   38.     Exception—offender in government custody  
   39.     Exception—offender outside ACT  
   40.     Exception—offender's reporting obligations suspended  
   41.     Exception—protected registrable offender  

           Division 3.3.2--Reporting of travel

   42.     Offender leaving ACT must report travel details  
   43.     Defence—impracticable to report 7 days before leaving  
   44.     Offender not to be punished twice for failing to report travel  
   45.     Offender outside ACT must report travel details  
   46.     Offender outside ACT must report change of travel details  
   47.     Offender must report return to ACT  
   48.     Offender must report decision not to leave ACT  
   49.     Offender must report regular travel  
   50.     Application to protected registrable offender  
   51.     Exception—protected registrable offender  
   52.     Exception—offender in government custody  
   53.     Exception—offender's reporting obligations suspended  

           Division 3.3.3--Other reporting

   54.     Offender in ACT must report change of details  
   55.     Offender returning to ACT must report change of details  
   56.     Offender leaving custody must report  
   57.     Exception—offender's reporting obligations suspended  
   58.     Exception—protected registrable offender  

           Division 3.3.4--Failing to report

   58A.    Offence—fail to report as required  

   PART 3.4--PROVISIONS APPLYING TO ALL REPORTS

           Division 3.4.1--What information is to be reported

   59.     What are personal details?  
   60.     Meaning of some concepts in s 59  
   61.     Meaning of employment in s 59  
   62.     Application of s 59 to protected registrable offender  

           Division 3.4.2--How report is to be made

   63.     How is a report made in an approved way?  
   64.     Where are approved reporting places?  
   65.     Reports by young offenders  
   66.     Reports by offenders with disability  
   67.     Regulation about reports not made in person  
   68.     Police officers who may receive reports  
   69.     Police officer receiving report may arrange interpreter  

           Division 3.4.3--Additional provisions for reports made in person

   70.     Offence—offender reporting in person must provide identification etc  
   71.     Offence—person reporting in person for offender must provide  
   72.     Identification documents may be copied  
   73.     Right to privacy when reporting in person  
   74.     Right to have support person when reporting in person  
   75.     Offender reporting in person may be fingerprinted to confirm  
   76.     Offender to be told why fingerprints needed  
   77.     Offence—offender must allow fingerprinting  
   78.     Photographing offender  
   78A.    Order allowing use of force for photographing offender  
   79.     Right to privacy when being photographed  
   80.     Right to have support person when being photographed  

           Division 3.4.4--Report to be acknowledged

   81.     Receipt of report to be acknowledged  

           Division 3.4.5--Keeping material for certain purposes

   82.     Documents, fingerprints, photographs may be kept  

   PART 3.5--REPORTING PERIOD

   83.     When reporting period begins  
   84.     Reporting period—single class 1  
   85.     Reporting period—single class 2 offence—8 years  
   86.     Reporting period—2 class 2 offences—15 years  
   87.     Reporting period—multiple offences—life  
   88.     Offences committed before commencement of Act used to work out length of reporting  
   89.     Reduced reporting period for young offenders  
   90.     Offences arising from same incident taken as 1 offence  
   91.     Reporting period for person subject to child sex offender registration  
   92.     Extended reporting period for offenders on parole  
   93.     Extended reporting period for offender in custody  
   94.     Reporting period for prescribed corresponding offenders  

   PART 3.6--SUSPENSION OF REPORTING OBLIGATIONS

   95.     Pt 3.6 only applies to offender with life-long reporting period  
   96.     Eligibility of offender to apply for suspension order  
   97.     Supreme Court may make suspension order  
   98.     Chief police officer is party to application  
   99.     No costs to be awarded for suspension order application  
   100.    Unsuccessful applicant cannot reapply for 5 years  
   101.    Suspension order ceases if offender reoffends  
   102.    Application for new suspension order  

   PART 3.7--NOTICE OF REPORTING OBLIGATIONS

   103.    What is a reporting obligations notice?  
   104.    Reporting obligations notice to be given when person becomes registrable  
   105.    Reporting obligations notice may be given at any time  
   106.    Courts to provide sentencing information to chief police officer  
   107.    Chief police officer must tell offender if reporting period  
   108.    Supervising authority to tell chief police officer of certain events  
   109.    Procedural defects do not affect offender's obligations  

   PART 3.8--PROTECTED WITNESSES

   110.    Who is a protected registrable offender?  
   111.    Protected and unprotected registrable offender declarations  
   115.    When protected and unprotected registrable offender declarations take  

   PART 3.10--FAILURE TO COMPLY WITH REPORTING OBLIGATIONS--PUBLIC NOTICES

   116A.   Chief police officer may issue public notice in certain  

   PART 3.11--ENTRY AND SEARCH WARRANTS

           Division 3.11.1--Preliminary

   116B.   Definitions—pt 3.11  

           Division 3.11.2--Entry and search warrants—general

   116C.   Entry and search warrant—application  
   116D.   Application for entry and search warrant—supporting information  
   116E.   Entry and search warrant—remote application  
   116F.   Entry and search warrant—deciding application  
   116G.   Content of entry and search warrant  
   116H.   What an entry and search warrant may authorise  
   116I.   Extension and amendment of entry and search warrant  
   116J.   Revocation of entry and search warrant  

           Division 3.11.3--Executing entry and search warrants

   116K.   Use of force and availability of assistance in executing entry and search  
   116L.   Announcement before entry  
   116M.   Details of warrant to be given to occupier etc  
   116N.   Occupier entitled to be present during search etc  
   116O.   Use of equipment to examine or process things  
   116P.   Use of electronic equipment at premises  
   116Q.   Order requiring registrable offender to assist with access to data  
   116R.   Damage etc to be minimised  
   116S.   Compensation  

           Division 3.11.4--Seized things

   116T.   Copies of seized things to be provided  
   116U.   Receipt for things seized  
   116V.   Return or destruction of things seized  
   116W.   Application for order disallowing seizure  
   116X.   Forfeiture and disposal of seized things  

           Division 3.11.5--Miscellaneous

   116Y.   Offence—refusal of entry to premises  
   116Z.   Admissibility of evidence  

CHAPTER 4--CHILD SEX OFFENDERS REGISTER

   117.    Establishment of child sex offenders register  
   118.    Access to child sex offenders register restricted  
   119.    Access to information about protected witnesses restricted  
   120.    Offence—unauthorised person must not access child sex offenders register  
   122.    Registrable offender may correct child sex offenders register  
   122A.   Order for removal of registrable offender—application by chief police  
   122B.   Notice to victim of proposed application for order  
   122C.   Order for removal of registrable offender who was young offender at time of  

CHAPTER 5--REGISTRABLE OFFENDERS PROHIBITED FROM CHILD-RELATED EMPLOYMENT

   123.    What is employment?  
   124.    What is child-related employment?  
   125.    When is a person engaged in child-related employment?  
   126.    Offence—offender must not apply for child-related employment  
   127.    Offence—offender must not engage in child-related employment  
   128.    Offence—person in child-related employment must disclose charges  
   130.    Offence—person must disclose charges if applying for child-related  
   132.    Offence—employer must keep information secret  

CHAPTER 5A--ORDERS PROHIBITING OFFENDER CONDUCT

   PART 5A--.1 PRELIMINARY

   132A.   Definitions—ch 5A  
   132AA.  Delegation  

   PART 5A--.2 PROHIBITION ORDERS

   132B.   Application for prohibition order  
   132C.   CYP director-general's report  
   132D.   Court may make prohibition order  
   132E.   Matters court must consider before making prohibition order  
   132F.   Conduct that may be prohibited by prohibition order etc  
   132G.   Term of prohibition order  

   PART 5A--.3 INTERIM PROHIBITION ORDERS

   132H.   Court may make interim prohibition order  
   132I.   Term of interim prohibition order  
   132J.   Extending interim prohibition order if application for prohibition order adjourned  

   PART 5A--.4 AMENDING OR REVOKING PROHIBITION AND INTERIM PROHIBITION ORDERS

   132K.   Application to amend or revoke prohibition order or interim prohibition  
   132L.   Court may amend or revoke prohibition order or interim prohibition  

   PART 5A--.5 CORRESPONDING PROHIBITION ORDERS

   132M.   Application for registration of corresponding prohibition order  
   132N.   Registration of corresponding prohibition order—no amendment  
   132O.   Notice of registration of unamended corresponding prohibition  
   132P.   Registration of corresponding prohibition order—with amendment  
   132Q.   Term of registered corresponding prohibition order  
   132R.   Application to amend or cancel registration of registered corresponding prohibition  
   132S.   Court may amend or cancel registration of registered corresponding prohibition  

   PART 5A--.6 PEOPLE WITH LEGAL DISABILITIES

   132T.   Definitions—pt 5A.6  
   132U.   Appointing litigation guardian for person with legal disability  
   132V.   Functions of litigation guardian  
   132W.   Removal of litigation guardian  
   132X.   Representation of parties with legal disability  

   PART 5A--.7 OTHER PROVISIONS ABOUT ORDERS PROHIBITING OFFENDER CONDUCT

   132Y.   Court sets return date  
   132Z.   Service of applications  
   132ZA.  If personal service impractical or impossible  
   132ZB.  Court may issue warrant for person's arrest  
   132ZC.  Giving copy of order to person not before court  
   132ZD.  Giving copy of order for young person etc  
   132ZE.  Explaining orders if person before court  
   132ZF.  Explaining orders if person not before court  
   132ZG.  Proceedings for orders to be closed to public  

   PART 5A--.8 OFFENCES

   132ZH.  Offences—prohibition of publication of identity  
   132ZI.  Offence—contravention of prohibition order etc  
   132ZJ.  Offence—contravention of registered corresponding prohibition order  
   132ZK.  Matters relevant to reasonable excuse defence  

   PART 5A--.9 OBTAINING AND DISCLOSING PARTICULAR INFORMATION

   132ZL.  Meaning of government agency—pt 5A.9  
   132ZM.  Chief police officer may require information about person  
   132ZN.  Chief police officer may give information about order to prescribed  
   132ZO.  Chief police officer may give information about order to person with parental  
   132ZP.  Offence—prescribed entities and people with parental responsibility to keep information  
   132ZQ.  CYP director-general to be given information about young person  
   132ZR.  Certain material may be kept  

   PART 5A--.10 APPEALS TO SUPREME COURT

   132ZS.  Meaning of appealable decision—pt 5A.10  
   132ZT.  Appeals to Supreme Court  
   132ZU.  Powers of Supreme Court on appeal  

CHAPTER 5B--NOTIFICATION AND REVIEW OF DECISIONS

   132ZV.  Meaning of reviewable decision—ch 5B  
   132ZW.  Reviewable decision notices  
   132ZX.  Applications for review  

CHAPTER 6--MISCELLANEOUS

   133.    Approved forms  
   133A.   Offence—secrecy  
   133B.   Offence—failure to tell chief police officer about application to change offender's name  
   134.    Protection from liability  
   135.    Effect of spent convictions  
   136.    Evidentiary certificates  
   137.    Regulation-making power  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES