Australian Capital Territory Numbered Acts

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CRIMES (CHILD SEX OFFENDERS) ACT 2005 (NO. 30 OF 2005) - SECT 137

Regulation-making power

    (1)     The Executive may make regulations for this Act.

Note     A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (2)     A regulation may make provision in relation to the following:

        (a)     matters incidental to the making of reports under chapter 3 (Reporting), including—

              (i)     how a report must be made; and

              (ii)     the verifying documentation or evidence to be provided in support of a report; and

              (iii)     requiring that a report contain additional information to that required by the chapter;

        (b)     the form of, or the information to be included in, a notice or other document required to be given to registrable offenders;

        (c)     how the child sex offenders register is to be established and maintained, including how information is to be entered in the register;

        (d)     the exchange of information about registrable offenders between the chief police officer and corresponding registrars of foreign jurisdictions, including arrangements between the Territory and foreign jurisdictions for accessing information in the child sex offenders register and registers maintained under corresponding laws;

        (e)     requiring or permitting the chief police officer to remove information from the child sex offenders register;

        (f)     telling registrable offenders about reporting obligations, including the following:

              (i)     how the information is to be given to offenders;

              (ii)     permitting the person telling an offender to ask the offender to acknowledge being given the notice;

              (iii)     making special provision for telling offenders who are young people or who have disabilities or other special needs;

              (iv)     permitting or requiring an entity to be told about a registrable offender's status as a young person or person who has a disability or other special need, including to facilitate notifying and reporting;

              (v)     providing for notice to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand the offender's reporting obligations or the consequences of failing to comply with the reporting obligations;

              (vi)     requiring an offender to be given additional information to that required by this Act;

              (vii)     requiring an entity to provide information to offenders about their reporting obligations;

              (viii)     requiring an entity to tell the chief police officer—

    (A)     that an offender has left the custody or control of the entity; or

    (B)     that the entity has given stated information to an offender; or

    (C)     that, in the entity's opinion, an offender does or does not have the legal capacity to understand information;

              (ix)     requiring an entity to give the chief police officer an acknowledgment by an offender of the receipt of a notice or other information that is held by the entity;

        (g)     authorising the chief police officer to give directions about the police stations that are to be used as a place for making reports;

        (h)     providing that a police station is not to be used as a place for making reports without the consent of the chief police officer;

              (i)     requiring an entity to create records for this Act and to keep the records;

        (j)     prescribing a person as a prescribed corresponding offender for this Act;

        (k)     declaring that an order (however described) made under a corresponding law is a corresponding child sex offender registration order for this Act.

    (3)     A regulation—

        (a)     may provide for the exemption of people or things from a provision of a regulation, whether unconditionally or on stated conditions, and either completely or to a stated extent; and

        (b)     may create offences and fix maximum penalties of not more than 20 penalty units for the offences.



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