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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CRIMINAL LAW (SEX
OFFENDERS REPORTING)
BILL 1997
Queensland
CRIMINAL LAW (SEX OFFENDERS
REPORTING) BILL 1997
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Meaning of "sex offender" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Registrar of court to advise commissioner of conviction etc. of
sex offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Requirement on sex offenders to advise commissioner of
presence in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Requirement on sex offenders to advise commissioner of
particular changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Period for which sex offender subject to reporting requirements . . . . . . . . . 7
8 Sex offenders register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Transitional--delayed reporting requirement . . . . . . . . . . . . . . . . . . . . . . . . 10
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 11
CONSEQUENTIAL AMENDMENTS
AMENDMENT OF CRIMINAL LAW AMENDMENT ACT 1945 . . . . . . . 11
AMENDMENT OF CRIMINAL LAW (REHABILITATION OF
OFFENDERS) ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
AMENDMENT OF FREEDOM OF INFORMATION ACT 1992 . . . . . . . . 12
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 13
DICTIONARY
1997
A BILL
FOR
An Act to require the notification of information to the police by
persons who have committed certain sexual offences, and for
other purposes
s1 4 s3
Criminal Law (Sex Offenders Reporting)
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Criminal Law (Sex Offenders Reporting) 3
Act 1997. 4
5
Dictionary
2. The dictionary in schedule 2 defines particular words used in this Act. 6
of "sex offender" 7
Meaning
3.(1) A "sex offender" is an adult who-- 8
(a) has been convicted of either of the following offences and 9
sentenced to serve a term of imprisonment of at least 6 months 10
for the offence-- 11
(i) a serious sex offence in relation to a child; 12
(ii) an offence relating to obscene material depicting children; or 13
(b) has been acquitted of an offence mentioned in paragraph (a) on 14
the ground of unsoundness of mind; or 15
(c) is a person in relation to whom an order under the Criminal Law 16
Amendment Act 1945 was in force immediately before the 17
commencement of this section. 18
(2) Subsection (1)(a) or (b) applies to a conviction, or an acquittal on the 19
ground of unsoundness of mind, that-- 20
(a) happens after the commencement of this section; or 21
(b) happened within 10 years before the commencement of this 22
section. 23
(3) For subsection (1)(a) or (b), it is immaterial whether the person was 24
convicted or acquitted in Queensland or elsewhere. 25
s4 5 s5
Criminal Law (Sex Offenders Reporting)
of court to advise commissioner of conviction etc. of sex 1
Registrar
offenders 2
4.(1) The registrar of a court must notify the commissioner if, in the 3
court, a person is convicted, or acquitted on the ground of unsoundness of 4
mind, of either of the following offences-- 5
(a) a serious sex offence committed in relation to a child; 6
(b) an offence relating to obscene material depicting children. 7
(2) However, for a conviction, the registrar must notify the 8
commissioner only if the person is sentenced to serve a term of 9
imprisonment of at least 6 months for the offence. 10
(3) The registrar must give the notification in the approved form 11
immediately after the conviction or acquittal on the ground of unsoundness 12
of mind. 13
(4) In this section-- 14
"court" means the Supreme Court, the District Court or a Magistrates 15
Court. 16
on sex offenders to advise commissioner of presence in 17
Requirement
Queensland 18
5.(1) This section applies to a sex offender who is-- 19
(a) subject to a reporting period under section 7;1 and 20
(b) in Queensland; and 21
(c) not in custody. 22
(2) The sex offender must notify the commissioner of the offender's 23
presence in Queensland by personally reporting at the police station nearest 24
the offender's residential address and giving a police officer at the station 25
the following details-- 26
(a) the offender's name or, if the offender uses more than 1 name, 27
each name used by the offender; 28
(b) the offender's residential address; 29
1 Section 7 (Period for which sex offender subject to reporting requirements)
s6 6 s6
Criminal Law (Sex Offenders Reporting)
(c) the offender's date of birth; 1
(d) details of the conviction, or acquittal on the ground of 2
unsoundness of mind, that makes the person a sex offender; 3
(e) anything else that may be prescribed under a regulation. 4
Maximum penalty--30 penalty units. 5
(3) Unless the sex offender has a reasonable excuse, the offender must 6
give the details to the police officer-- 7
(a) on the offender being discharged from custody in 8
Queensland--within 7 days after the offender is discharged; or 9
(b) on the offender entering Queensland temporarily or to take up 10
residency in Queensland--within 7 days after entering 11
Queensland. 12
Maximum penalty--30 penalty units. 13
(4) The police officer must acknowledge receiving the details in the 14
approved form and give a copy of the form to the sex offender. 15
(5) For subsection (3)(b), a sex offender enters Queensland 16
"temporarily" if the offender enters Queensland and stays or intends 17
staying in Queensland-- 18
(a) for a period of not less than 14 days; or 19
(b) in any period of 12 months--for 2 or more periods that, taken 20
together, are not less than 14 days. 21
on sex offenders to advise commissioner of particular 22
Requirement
changes 23
6.(1) This section applies to a sex offender who is-- 24
(a) subject to a reporting period under section 7; and 25
(b) in Queensland; and 26
(c) not in custody. 27
(2) The sex offender must notify the commissioner of the following 28
changes by personally reporting at the police station nearest the offender's 29
residential address and giving a police officer at the station details of the 30
s7 7 s7
Criminal Law (Sex Offenders Reporting)
changes-- 1
(a) a change in the name the offender ordinarily uses; 2
(b) a change in the offender's residential address; 3
(c) any further conviction, or acquittal on the ground of unsoundness 4
of mind, that makes the person a sex offender. 5
Maximum penalty--30 penalty units. 6
(3) Unless the offender has a reasonable excuse, the offender must give 7
the police officer the details of the change within 7 days after the change 8
happens. 9
Maximum penalty--30 penalty units. 10
(4) If the sex offender intends to leave Queensland, the sex offender 11
must personally report at the police station nearest the offender's residential 12
address and give a police officer at the station notice of the intention. 13
Maximum penalty--30 penalty units. 14
(5) Unless the offender has a reasonable excuse, the offender must give 15
the notice in the approved form not more than 14 days or less than 3 days 16
before the offender intends to leave Queensland. 17
Maximum penalty--30 penalty units. 18
(6) The police officer must acknowledge receiving the details of the 19
change or notice in the approved form and give a copy of the form to the 20
offender. 21
for which sex offender subject to reporting requirements 22
Period
7.(1) A sex offender who was sentenced to serve a term of-- 23
(a) 6 months or more, but less than life imprisonment--is subject to 24
a reporting period equal to 2.5 times the term of imprisonment 25
the offender is sentenced to serve; or 26
(b) life imprisonment--is subject to an indefinite reporting period. 27
(2) A sex offender acquitted, on the ground of unsoundness of mind, of 28
a serious sex offence in relation to a child or an offence relating to obscene 29
material depicting children is subject to an indefinite reporting period. 30
s8 8 s8
Criminal Law (Sex Offenders Reporting)
(3) A person in relation to whom an order under the Criminal Law 1
Amendment Act 1945 was in force immediately before the commencement 2
of section 3 is subject to the reporting period that is the longer of the 3
following periods-- 4
(a) the period for which the offender was required to report under the 5
order; 6
(b) the period to which the offender is subject under subsection (1). 7
(4) For subsection (1)(a), the term of imprisonment of a sex offender is 8
worked out on the following basis-- 9
(a) if the offender is convicted of a single serious sex offence in 10
relation to a child or a single offence relating to obscene material 11
depicting children--the term of imprisonment the offender is 12
sentenced to serve; 13
(b) if the offender is convicted of more than 1 serious sex offence in 14
relation to a child or more than 1 offence relating to obscene 15
material depicting children or at least 1 serious sex offence in 16
relation to a child and at least 1 offence relating to obscene 17
material depicting children-- 18
(i) if the offender is sentenced to terms of imprisonment for 1 19
or more of the offences to be served concurrently--the 20
longest term of imprisonment the offender is sentenced to 21
serve; or 22
(ii) if the offender is sentenced to terms of imprisonment for 1 23
or more of the offences to be served cumulatively--the 24
longest term of imprisonment the offender is liable to serve 25
assuming that the offender is not eligible to apply for parole. 26
offenders register 27
Sex
8.(1) The commissioner may keep a register ("sex offenders register") 28
of sex offenders. 29
(2) The register may contain, for a sex offender, the following details-- 30
(a) the offender's name or, if the offender uses more than 1 name, 31
each name used by the offender; 32
s9 9 s 10
Criminal Law (Sex Offenders Reporting)
(b) the offender's address; 1
(c) the offender's date of birth; 2
(d) identifying particulars, including for example, fingerprints and 3
palmprints; 4
(e) anything else the commissioner considers appropriate. 5
(3) The commissioner must remove a sex offender's name and other 6
details from the register immediately after the offender stops being subject 7
to a reporting period under section 7. 8
(4) The commissioner may disclose information in the register only to 9
the following persons-- 10
(a) the chief executive of a department of government; 11
(b) a law enforcement agency within Queensland or outside 12
Queensland; 13
(c) the children's commissioner; 14
(d) an entity prescribed under a regulation. 15
(5) The register-- 16
(a) may be a mechanical, electronic or other device suitable for 17
containing information or documents; and 18
(b) may contain information or documents in a physical, electronic, 19
digital or other form. 20
(6) In this section-- 21
"contain" includes record and store. 22
of forms 23
Approval
9. The commissioner may approve forms for use under this Act. 24
power 25
Regulation-making
10. The Governor in Council may make regulations under this Act. 26
s 11 10 s 12
Criminal Law (Sex Offenders Reporting)
amended 1
Acts
11. Schedule 1 amends the Acts mentioned in it. 2
reporting requirement 3
Transitional--delayed
12.(1) A sex offender required to notify the commissioner of the 4
offender's presence in Queensland under section 5 does not contravene 5
section 5(2) or (3)(a) 2 if the offender complies with section 5(2) within 6
3 months after the commencement. 7
(2) This section expires 6 months after the commencement. 8
(3) In this section-- 9
"commencement" means the commencement of this section. 10
"sex offender" does not include a sex offender who enters Queensland 11
after the commencement. 12
13
2 Section 5 (Requirement on sex offenders to advise commissioner of presence in
Queensland)
11
Criminal Law (Sex Offenders Reporting)
CHEDULE 1 1
¡S
CONSEQUENTIAL AMENDMENTS 2
section 11 3
MENDMENT OF CRIMINAL LAW AMENDMENT 4
´A
ACT 1945 5
1. Section 17(1), `under section 19(9) or'-- 6
omit. 7
2. Sections 19, 20 and 21-- 8
omit. 9
AMENDMENT OF CRIMINAL LAW 10
´
(REHABILITATION OF OFFENDERS) ACT 1986 11
1. Section 7-- 12
insert-- 13
`(3) Section 6 does not apply in relation to a sex offender subject to a 14
reporting period under the Criminal Law (Sex Offenders Reporting) Act 15
1997.'. 16
2. Section 8-- 17
insert-- 18
`(3) This section does not apply in relation to a sex offender subject to a 19
12
Criminal Law (Sex Offenders Reporting)
SCHEDULE 1 (continued)
reporting period under the Criminal Law (Sex Offenders Reporting) Act 1
1997.'. 2
3. Section 9(1), `Subject to subsection (2), any'-- 3
omit, insert-- 4
`Any'. 5
4. Section 9-- 6
insert-- 7
`(3) Subsection (1) does not apply in relation to a sex offender subject to 8
a reporting period under the Criminal Law (Sex Offenders Reporting) Act 9
1997.'. 10
AMENDMENT OF FREEDOM OF INFORMATION 11
´
ACT 1992 12
1. Schedule 1-- 13
insert-- 14
`Criminal Law (Sex Offenders Reporting) Act 1997, section 8(4)'. 15
16
13
Criminal Law (Sex Offenders Reporting)
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 2 3
"approved form" see section 9. 4
"commissioner" means the commissioner of the police service. 5
"obscene material", depicting children, includes-- 6
(a) a child abuse computer game under the Classification of 7
Computer Games and Images Act 1995; and 8
(b) a child abuse publication or child abuse photograph under the 9
Classification of Publications Act 1991; and 10
(c) a thing that, if possessed in Queensland, would be-- 11
(i) a child abuse computer game under the Classification of 12
Computer Games and Images Act 1995; or 13
(ii) a child abuse publication or child abuse photograph under 14
the Classification of Publications Act 1991; or 15
(iii) a child abuse film under the Classification of Films Act 16
1991. 17
"residential address" includes, for a sex offender who enters Queensland 18
temporarily, the address at which the offender is staying while the 19
offender is in Queensland. 20
"serious sex offence", in relation to a child, means any of the following 21
offences committed in relation to a child-- 22
(a) rape; 23
(b) unlawful sodomy; 24
(c) attempted sodomy; 25
(d) an offence against any of the following sections of the Criminal 26
Code-- 27
14
Criminal Law (Sex Offenders Reporting)
SCHEDULE 2 (continued)
· section 210 1
· section 213 2
· section 215 3
· section 217 4
· section 218 5
· section 221 6
· section 222 7
· section 229B 8
· section 229G3 9
and includes an act that, if committed in Queensland, would be an 10
offence mentioned in paragraphs (a) to (d). 11
"sex offender" see section 3. 12
"sex offenders register" see section 8. 13
14
3 Section 210 (Indecent treatment of children under 16), section 213 (Owner etc.
permitting abuse of children on premises), section 215 (Carnal knowledge of
girls under 16), section 217 (Procuring young person etc. for carnal knowledge),
section 218 (Procuring sexual acts by coercion etc.), section 221 (Conspiracy to
defile), section 222 (Incest), section 229B (Maintaining a sexual relationship
with a child) and 229G (Procuring prostitution)
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