Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 9

    (1)     A person is not a registrable offender only because—

        (a)     a court has made an order against the person for a class 1 or class 2 offence under—

              (i)     the Crimes (Sentencing) Act 2005

, section 17 (Non-conviction orders—general); or

              (ii)     a provision of a foreign law corresponding to a provision mentioned in subparagraph (i); or

        (b)     the person has been sentenced for a single class 2 offence, and the sentence did not include—

              (i)     a term of imprisonment; or

              (ii)     a requirement that the person be under the supervision of a supervising authority or anyone else; or

        (c)     the person, as a young person, has been sentenced for—

              (i)     a single offence mentioned in schedule 2 (Class 2 offences), part 2.1 (Offences against ACT legislation), item 3, 4 or 10; or

              (ii)     a single class 1 or class 2 offence prescribed by regulation.

Note     The offence mentioned in—

              •     sch 2, pt 2.1, item 3 is against the Crimes Act 1900

, s 61 (1) (act of indecency with young person)

              •     sch 2, pt 2.1, item 4 is against the Crimes Act 1900

, s 61 (3) (act of indecency with young person)

              •     sch 2, pt 2.1, item 10 is against the Crimes Act 1900

, s 65 (1) (possessing child exploitation material).

    (2)     A person is not a registrable offender only because the person has been sentenced for an offence mentioned in schedule 2, part 2.2, item 15 if the court considers, on application by the defence, that the person does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally.

Note     The offence mentioned in that item is against the Criminal Code Act 1995

(Cwlth), s 273A.1 (Possession of child-like sex dolls etc).

    (3)     A person is not a registrable offender if—

        (a)     the person was a young person at the time the registrable offence was committed; and

        (b)     a court considers, on application by the defence, that including the person on the register is inappropriate in the circumstances of the case.

    (4)     In making a decision for subsection (3) (b), the court must consider—

        (a)     the severity of the offence and the seriousness of the circumstances surrounding the commission of the offence; and

        (b)     the age of the person at the time of the offence; and

        (c)     the level of harm to the victim and the community caused by the offence; and

        (d)     any attempts at rehabilitation by the person; and

        (e)     whether the person poses a risk to the lives or sexual safety of 1 or more people or of the community; and

        (f)     any other circumstances that the court considers relevant.

    (5)     This section does not apply to a person who is a prescribed corresponding offender.

    (6)     In this section:

"single offence" includes a reference to more than 1 offence of the same kind arising from the same incident.

Note     Offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person (see dict, def same incident ).