Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 132D

    (1)     The Magistrates Court may, on application, make an order (a  prohibition order ) prohibiting a person from engaging in conduct if satisfied that—

        (a)     the person is a registrable offender; and

        (b)     the person has engaged in the conduct stated in the application for the order; and

        (c)     having regard to the nature or pattern of the conduct engaged in—

              (i)     the person poses a risk to the lives or sexual safety of 1 or more children, or of children generally; and

              (ii)     the making of the order will reduce the risk; and

        (d)     having regard to the matters mentioned in section 132E, the order is appropriate.

Note     For the kind of conduct the Magistrates Court may prohibit, see s 132F.

    (2)     Also, the Magistrates Court may only make a prohibition order for a young person—

        (a)     after considering the CYP director-general's report for the young person ; and

        (b)     if satisfied that all other reasonably appropriate ways of managing the young person have been considered by the chief police officer before the chief police officer applied for the order.

    (3)     For subsection (1), it is not necessary for the Magistrates Court to identify a risk to a particular child, particular children, or a particular class of children.

    (4)     The application for the order may be heard, and the order made, in the person's absence if the Magistrates Court is satisfied that the person was served with the application under section 132Z ( Service of applications) .

    (5)     If a person against whom a prohibition order is sought is already subject to a prohibition order and no application has been made to revoke the existing order, the Magistrates Court must, if it decides to make the order—

        (a)     revoke the existing order and replace it with a new order (which may contain matters relating to the existing order); or

        (b)     amend the existing order to include the matters in relation to which it has decided to make the order.

    (6)     A failure to comply with subsection (5) does not affect the validity of an existing prohibition order or the new prohibition order.