Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 58A

    (1)     A registrable offender commits an offence if the offender—

        (a)     is required to report under a reporting obligation provision; and

        (b)     is reckless as to whether the offender is required to report; and

        (c)     fails to report as required by the reporting obligation provision.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

    (2)     Strict liability applies to subsection (1) (c).

    (3)     This section does not apply if the registrable offender has a reasonable excuse for failing to report as required by a reporting obligation provision.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     In deciding whether a registrable offender has a reasonable excuse for failing to report as required by a reporting obligation provision, the court must have regard to the following:

        (a)     the offender's age;

        (b)     whether the offender had, at the time of the failure to report, a disability that affected the offender's ability to understand, or to comply with, the reporting provision;

        (c)     whether the form of notice given to the offender about the reporting provision was adequate to tell the offender about the offender's obligations under the reporting obligation provision, having regard to the offender's circumstances;

        (d)     any other matter the court considers appropriate.