South Australian Consolidated Acts South Australian Consolidated Acts6—Who is a registrable offender?
(1) Subject to this
section, a registrable offender is a person—
(a) whom
a court has at any time (whether before, on or after the commencement of this
section) sentenced for a class 1 or class 2 offence; or
(b) who
is, or has been, subject to a child sex offender registration order.
Note—
This Act applies to persons sentenced by a court of a foreign jurisdiction for
certain offences under the law of that jurisdiction—see the
definitions of "court" and "sentence" in section 4, the description of
class 1 and class 2 offences in Schedule 1 and the power to make an order
under section 9(2).
Some requirements of this Act apply to certain people who are registrable
offenders for the purposes of equivalent laws outside South Australia, even
though they are not registrable offenders under this Act—see
section 14.
(a) a
foreign registrable offender; or
(b) a
New South Wales registrable offender,
is also a registrable offender.
(3) Unless he or she
is a registrable offender because of subsection (2), a person is not a
registrable offender merely because he or she—
(a)
while a child committed a class 1 or class 2 offence for which he or she has
been sentenced; or
(b) is a
person on whom a sentence has been imposed in respect of a single class 2
offence, if the sentence—
(i)
did not include a term of imprisonment; and
(ii)
was not a supervised sentence.
(4) Unless he or she
is a registrable offender because of subsection (2) or is, immediately
before the commencement of this section, in government custody in relation to
a registrable offence, a person is not a registrable offender merely because
he or she was sentenced for—
(a) a
class 2 offence more than 8 years before the commencement of this section; or
(b) a
class 1 offence more than 15 years before the commencement of this section.
(5) A person is also
not a registrable offender if he or she—
(a) is
receiving protection under a foreign witness protection law specified by the
regulations for the purposes of this subsection; or
(b) has
the same status as such a person under an order made under a corresponding law
specified by the regulations for the purposes of this subsection.
(6) A person ceases to
be a registrable offender if—
(a) his
or her finding of guilt in respect of the only registrable offence that makes
him or her a registrable offender for the purposes of this Act is quashed or
set aside by a court; or
(b) his
or her sentence in respect of that offence is reduced or altered so that he or
she would have been a person described in subsection (3)(b) had the
amended sentence been the original sentence; or
(c) he
or she is a registrable offender only because he or she is, or has been,
subject to a child sex offender registration order and that order is quashed
by a court.
(7) For the purposes
of this section, it is irrelevant whether or not a person may lodge, or has
lodged, an appeal in respect of a finding of guilt, sentence or
child sex offender registration order.
(8) For the purposes
of subsection (3)(b), 2 or more class 2 offences arising from the same
incident will be treated as a single class 2 offence.