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CRIMES (CHILD SEX OFFENDERS) ACT 2005 (NO. 30 OF 2005) - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     Australia

              •     Australian driver licence

              •     change

              •     chief police officer

              •     child

              •     entity

              •     fail

              •     function

              •     parent

              •     police officer

              •     prescribed

              •     State.

"act" includes omission.

"approved reporting place", for a registrable offender, for a report—see section 64.

"approved way", for the making of a report—see section 63.

"child-related employment", for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 124.

"child sex offender registration order"—see section 14.

"child sex offenders register"—see section 117.

class 1 offence—see section 10 (2).

class 2 offence—see section 10 (3).

"community service order"—

        (a)     see the Crimes Act 1900, section 407; and

        (b)     see the Children and Young People Act 1999, section 106.

"contact person"—see section 33.

"corresponding child sex offender registration order" means an order (however described)—

        (a)     made under a corresponding law; and

        (b)     prescribed by regulation for this definition.

"corresponding law" means a law, or a provision of a law, of a foreign jurisdiction that—

        (a)     provides for people who have committed particular offences to report in that jurisdiction information about themselves and to keep that information current for a time; or

        (b)     is prescribed by regulation for this definition.

"corresponding registrable offence" means an offence that is a registrable offence for a corresponding law but is not a registrable offence under this Act.

"corresponding registrar", for a foreign jurisdiction, means the entity exercising functions under the corresponding law of the jurisdiction that corresponds, or most closely corresponds, to the functions of the chief police officer under this Act.

"court" includes a court (however described) of a foreign jurisdiction.

"detainee"—

        (a)     see the Remand Centres Act 1976, section 3; and

        (b)     see the Periodic Detention Act 1995, section 3 (1).

Note     The Remand Centres Act 1976, s 15 lists the people who may be detained in a remand centre under the Act.

"disability"—see Discrimination Act 1991, section 5AA (1).

"employment", for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 123.

"engaged", in child-related employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 125.

"fingerprints" includes fingerscan.

"fingerscan" means fingerprints taken using a device to obtain a record of the fingerprints.

"finding of guilt"—see section 7.

"foreign jurisdiction" means a jurisdiction other than the ACT (including a jurisdiction outside Australia).

"forensic patient"—see the Community Advocate Act 1991, section 3.

"government custody" means custody, whether in the ACT or elsewhere—

        (a)     under a sentence of imprisonment; or

        (b)     as a detainee; or

        (c)     as a forensic patient; or

        (d)     under a corresponding law in the nature of custody mentioned in paragraph (a), (b) or (c), however described.

"in person"—a person does a thing in person at a place only if the person does the thing by personally attending at the place.

Examples of things not done in person

a person making a report by telephone or email

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"offender's reporting month", for a registrable offender—see section 37 (Offence—offender must report annually).

"parole" means parole under the Rehabilitation of Offenders (Interim) Act 2001, and includes an equivalent order (however described) made under a foreign law.

"personal details", for a registrable offender—see s 59.

"personal information" means information about an individual whose identity is apparent, or can reasonably be found out, from the information.

"person with parental responsibility", for a young person—means a person who has parental responsibility for the young person under the Children and Young People Act 1999, section 18.

"prescribed corresponding offender"—see section 11.

"protected registrable offender"—see section 110.

"protected registrable offender declaration"—see section 111 (a).

"recognised foreign reporting period", for a prescribed corresponding offender—see section 11.

"registrable offence"—see section 10.

"registrable offender"—see section 8 and section 9.

"reporting obligation"—see section 19.

"reporting obligations notice"—see section 103.

"reporting offence"—see section 20.

"reporting offence provision"—see section 20.

"reporting period", for a registrable offender, means the period, worked out under part 3.5 (Reporting period), during which the offender must comply with the offender's reporting obligations.

"personal details", for a registrable offender—see section 59.

"same incident"—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.

"sentence" means—

        (a)     when used as a noun—the penalty imposed for an offence; or

        (b)     when used as a verb—to impose a penalty for an offence;

and includes a finding of guilt mentioned in section 7 (1) (c) or (e).

"supervising authority", for a person, means the entity declared by regulation to be the person's supervising authority.

"suspension order"—see section 96.

"travel details", for travel by a registrable offender—see section 42 (c).

"unprotected registrable offender declaration"—see section 111 (b).

"witness protection program"—see the Witness Protection Act 1996, section 3.

"young person"—means a person who is not yet an adult.

Endnotes

1     Presentation speech

    Presentation speech made in the Legislative Assembly on 7 April 2005.

2     Notification

    Notified under the Legislation Act on 29 June 2005.

3     Republications of amended laws

    For the latest republication of amended laws, see www.legislation.act.gov.au.



I certify that the above is a true copy of the
Crimes (Child Sex Offenders) Bill 2005, which was passed by the Legislative Assembly on 23 June 2005.





Clerk of the Legislative Assembly

























© Australian Capital Territory 2005

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Australian Capital Territory

2005-3000.jpg
Australian Capital Territory

Crimes (Child Sex Offenders) Act 2005

A2005-30



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