Australian Capital Territory Consolidated Acts

CRIMES (CHILD SEX OFFENDERS) ACT 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:

              •     ACAT

              •     ACT

              •     Australia

              •     Australian driver licence

              •     change

              •     chief police officer

              •     child

              •     director-general (see s 163)

              •     entity

              •     fail

              •     function

              •     parent

              •     police officer

              •     prescribed

              •     reviewable decision notice

              •     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 "means a community service order within the meaning of the Crimes (Sentencing) Act 2005, section 13 (6) (Good behaviour orders).

"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.

"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 Public Advocate Act 2005, dictionary.

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

        (a)     under a sentence of imprisonment; or

        (b)     as a detainee under the Corrections Management Act 2006; 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 Crimes (Sentence Administration) Act 2005, and includes an equivalent order (however described) made under a foreign law.

Note     A parole order under the Rehabilitation of Offenders (Interim) Act 2001 (repealed) is taken to be a parole order under the Crimes (Sentence Administration) Act 2005 (see that Act, s 343 and s 344).

"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 2008, division 1.3.2.

"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.

"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, dictionary.

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

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Crimes (Child Sex Offenders) Act 2005 A2005-30

notified LR 29 June 2005
s 1, s 2 commenced 29 June 2005 (LA s 75 (1))
remainder commenced 29 December 2005 (s 2 and LA s 79)

as amended by

Public Advocate Act 2005 A2005-47 sch 1 pt 1.3 (as am by A2006-3 amdt 1.8)

notified LR 2 September 2005
s 1, s 2 commenced 2 September 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 March 2006 (s 2 (1) as am by A2006-3 amdt 1.8)

Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.11

notified LR 1 December 2005

s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))

sch 1 pt 1.11 commenced 29 December 2005 (LA s 79A and see A2005-30)

Human Rights Commission Legislation Amendment Act 2006 A2006-3 amdt 1.8

notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.8 commenced 23 February 2006 (s 2)

Note     This Act only amends the Public Advocate Act 2005 A2005-47

Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.8

notified LR 18 May 2006

s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

sch 1 pt 1.8 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

sch 2 pt 2.6 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)

sch 3 pt 3.7 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)

sch 4 pt 4.8 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))

Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.19

notified LR 12 August 2008

s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

sch 3 pt 3.19 commenced 26 August 2008 (s 2)

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.26

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.26 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Crimes (Child Sex Offenders) Amendment Act 2010 A2010-45

notified LR 24 November 2010

s 1, s 2 commenced 24 November 2010 (LA s 75 (1))

remainder commenced 25 November 2010 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.41

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.41 commenced 1 July 2011 (s 2 (1))

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.15

notified LR 28 November 2011

s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

sch 3 pt 3.15 commenced 12 December 2011 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Dictionary
s 3     am A2006-42 amdt 3.27

Meaning of finding of guilt
s 7     am A2006-23 amdts 1.80-1.83; A2008-20 amdt 4.21, amdt 4.22; pars renum R12 LA

Registrable offender—exceptions
s 9     am A2006-23 amdt 1.84, amdt 1.85; A2008-20 amdt 4.23, amdt 4.24; pars renum R12 LA
    (1) (a) (i) note, (4) exp 3 June 2021 (s 9 (4))

Court may only make order with sentence
s 17     am A2008-20 amdt 4.25

Offence—offender in ACT at commencement of Act must report
s 21     exp 29 December 2007 (s 21 (2))

Offender reporting in person may be fingerprinted to confirm identity
s 75     am A2008-28 amdt 3.74

Supervising authority to tell chief police officer of certain events
s 108     am A2006-23 amdt 1.86, amdt 1.87
    (1) (c) note, (4) exp 3 June 2011 (s 108 (4))

Review of unprotected registrable offender declaration
s 112     am A2008-37 amdt 1.101

Chief police officer must tell offender about ACAT review
s 113     sub A2008-37 amdt 1.102

ACAT review of chief police officer's decision
s 114     sub A2008-37 amdt 1.102

When protected and unprotected registrable offender declarations take effect
s 115     am A2008-37 amdt 1.103

Access to information about protected witnesses restricted
s 119     am A2006-42 amdt 3.28

What is child-related employment?
s 124     am A2007-12 amdt 1.11, amdt 1.12; A2008-20 amdt 2.17, amdt 4.26

Offence—person in child-related employment at commencement of Act must disclose charges
s 129     exp 29 December 2006 (s 129 (2))

Offence—person must disclose charges pending at commencement of Act if applying for child-related employment
s 131     exp 29 December 2006 (s 131 (2))

Approved forms
s 133     am A2006-42 amdt 3.29; A2011-22 amdt 1.122

Regulation-making power
s 137     am A2011-52 amdt 3.61

Consequential amendments
ch 7 hdg     om LA s 89 (3)

Legislation amended—sch 3
s 138     om LA s 89 (3)

Offences against other legislation
sch 1 pt 1.2     am A2010-45 s 4, s 5; items renum R13 LA

Offences against other legislation
sch 2 pt 2.2     am A2005-60 amdt 1.51; items renum R1 LA (see A2005-60 amdt 1.52); A2010-45 ss 6-8; items renum R13 LA

Ombudsman Act 1989—consequential amendments
sch 3     om LA s 89 (3)

Dictionary
dict     am A2008-37 amdt 1.104; A2011-22 amdt 1.123
    def community service order am A2006-23 amdt 1.88
    sub A2008-20 amdt 4.27
        (a) note exp 3 June 2011 (s 108 (4))
    def detainee om A2006-23 amdt 1.89
    def forensic patient sub A2005-47 amdt 1.8
    def government custody om A2006-23 amdt 1.90
    def parole sub A2006-23 amdt 1.91
    def person with parental responsibility am A2008-20 amdt 3.16
    def witness protection program am A2006-42 amdt 3.30

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 29 Dec 2005	29 Dec 2005– 28 Feb 2006	A2005-60	new Act and amendments by A2005-60
R2 1 Mar 2006	1 Mar 2006– 1 June 2006	A2006-3	amendments by A2005-47 as amended by A2006-3
R3 2 June 2006	2 June 2006– 15 Nov 2006	A2006-23	amendments by A2006-23
R4 16 Nov 2006	16 Nov 2006– 29 Dec 2006	A2006-42	amendments by A2006-42
R5 30 Dec 2006	30 Dec 2006– 30 June 2007	A2006-42	commenced expiry
R6 1 July 2007	1 July 2007– 29 Dec 2007	A2007-12	amendments by A2007-12
R7 30 Dec 2007	30 Dec 2007– 25 Aug 2008	A2007-12	commenced expiry
R8 26 Aug 2008	26 Aug 2008– 8 Sept 2008	A2008-28	amendments by A2008-28
R9 9 Sept 2008	9 Sept 2008– 26 Oct 2008	A2008-37	amendments by A2008-20
R10 27 Oct 2008	27 Oct 2008– 1 February	A2008-37	amendments by A2008-20
R11 2 Feb 2009	2 Feb 2009– 26 Feb 2009	A2008-37	amendments by A2008-37
R12 27 Feb 2009	27 Feb 2009– 24 Nov 2010	A2008-37	amendments by A2008-20
R13* 25 Nov 2010	25 Nov 2010– 3 June 2011	A2010-45	amendments by A2010-45
R14 4 June 2011	4 June 2011– 30 June 2011	A2010-45	expiry of provisions
R15 1 July 2011	1 July 2011– 11 Dec 2011	A2011-22	amendments by A2011-22

© Australian Capital Territory 2011

Australian Capital Territory

A2005-30

Republication No 16

Effective: 12 December 2011

Republication date: 12 December 2011

Last amendment made by A2011-52





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Crimes (Child Sex Offenders) Act 2005

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Crimes (Child Sex Offenders) Act 2005

Part 1.1Offences against ACT legislation93

Part 1.2Offences against other legislation96

Part 2.1Offences against ACT legislation98

Part 2.2Offences against other legislation101

Endnotes115

Crimes (Child Sex Offenders) Act 2005