ACT Numbered Regulations - Explanatory Statements

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CRIMES (CHILD SEX OFFENDERS) AMENDMENT REGULATION 2017 (NO 1) (NO 31 OF 2017)

2017





LEGISLATIVE ASSEMBLY
FOR THE
AUSTRALIAN CAPITAL TERRITORY


Crimes (Child Sex Offenders) Amendment Regulation 2017 (No 1)
SUBORDINATE LAW No SL2017-31



EXPLANATORY STATEMENT

Presented by
Mick Gentleman MLA
Minister for Police and Emergency Services

Crimes (Child Sex Offenders) Amendment Regulation 2017 (No 1)
SUBORDINATE LAW No SL2017-31

Outline

The Crimes (Child Sex Offenders) Amendment Regulation 2017 (No 1) (the Regulation) amends the Crimes (Child Sex Offenders) Regulation 2005, which is made under the Crimes (Child Sex Offenders) Act 2005 (the Act).

The Act establishes the ACT Child Sex Offenders Register (the Register). The Act requires certain offenders who are, or have been, sentenced for certain offences to report specified details to police for inclusion in the Register. These offenders must then report annually to police, unless there is a change in their personal details, in which case these changes must also be reported. The Act also empowers a sentencing court to order offenders who commit certain sexual offences against children to comply with reporting obligations.

Section 137 of the Act authorises the Minister to make regulations for the Act.

Clause Notes

Section 1 – Name of regulation
The name of the Regulation is the Crimes (Child Sex Offenders) Amendment Regulation 2017 (No 1).

Section 2 – Commencement
The Regulation commences on a day fixed by the Minister by written notice.

Section 3 – Legislation amended
The Regulation amends the Crimes (Child Sex Offenders) Regulation 2005.

Section 4 – Section 16A heading
This section substitutes a new section 16A heading in the Regulation. The previous heading referred to access to personal information from the Register. The substituted heading provides that the section instead relates to the disclosure of personal information from the Register for law enforcement functions or activities under section 118 (1) (b) (i) of the Act. The section prescribes the entities to which the Chief Police Officer can disclose personal information from the Register.

Section 5 – New section 16B
This section inserts a new section in the Regulation, section 16B. This section authorises the disclosure of personal information from the Register under section 118 (1) (b) (ii) of the Act, to agencies other than those listed in section 16A. This section authorises the disclose of personal information if the disclosure is to the Commonwealth Minister responsible for administering the Australian Passports Act 2005 or the Foreign Passports (Law Enforcement and Security) Act 2005. The disclosure is authorised for the purpose of exercising a function under either of those Acts in relation to an offender.

Section 6 – Dictionary, note 3
This section inserts a definition of ‘child sex offenders register’ in the Regulation.