Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the context otherwise requires —
approved place means a place approved by the
Commissioner under section 34(1)(b);
authorised person means a police officer or a
person, or a person who falls within a class of persons, prescribed by the
regulations;
child means a person who is under 18 years of
age;
Class 1 offence has the meaning given to that term
in section 10;
Class 2 offence has the meaning given to that term
in section 11;
Class 3 offence has the meaning given to that term
in section 12;
commencement day means the day on which
section 24 comes into operation;
Commissioner means the person holding or acting in
the office of Commissioner of Police under the Police Act 1892 ;
community order means —
(a) a
community based order or intensive supervision order made under the
Sentencing Act 1995 ; or
(b) a
youth community based order or intensive youth supervision order made under
the Young Offenders Act 1994 ;
corresponding Act means a law of a foreign
jurisdiction that —
(a)
provides for people who have committed specified offences to report in that
jurisdiction information about themselves and to keep that information current
for a specified period; and
(b) is
prescribed by the regulations to be a corresponding Act for the purposes of
this Act;
corresponding offender reporting order means an
order made under a corresponding Act that falls within a class of orders that
are prescribed by the regulations to be corresponding offender reporting
orders for the purposes of this Act;
corresponding registrar means the person whose
functions under a corresponding Act most closely correspond to the functions
of the Commissioner under this Act;
corresponding reportable offence means an offence
that is a reportable offence for the purposes of a corresponding Act but is
not a reportable offence as defined in section 9;
corresponding reportable offender has the meaning
given to that term in section 7;
court includes a court (however described) of a
foreign jurisdiction;
detainee means a person who is detained in a
detention centre, as defined in the Young Offenders Act 1994
section 3;
disability , in relation to a person,
means —
(a) any
defect or disturbance in the normal structure or functioning of the
person’s body;
(b) any
defect or disturbance in the normal structure or functioning of the
person’s brain; or
(c) any
illness or condition that impairs the person’s thought processes,
perception of reality, emotions or judgment or that results in disturbed
behaviour,
whether arising from a condition subsisting at
birth or from an illness or injury;
existing controlled reportable offender means a
person who, as a result of having been sentenced for a reportable offence, was
under the supervision of a supervising authority or any other person
immediately before the commencement day and includes a person who was in
government custody in respect of a reportable offence at that time;
existing licensee means a person who is released
under —
(a) a
re-entry release order made under the Sentence Administration Act 2003 ;
or
(b) a
supervised release order made under the Young Offenders Act 1994 ,
and includes a person who has a similar status
under the laws of a foreign jurisdiction;
finding of guilt has the meaning given to that
term in section 4;
foreign jurisdiction means a jurisdiction other
than Western Australia (including jurisdictions outside Australia);
foreign witness protection law means a law of a
foreign jurisdiction that provides for the protection of witnesses;
government custody means —
(a)
custody as a prisoner or detainee or as a mentally impaired accused where the
custody order made under the Criminal Law (Mentally Impaired Accused)
Act 1996 2 Part 4, as originally made, requires the person to
be kept in strict government custody; or
(b)
custody under a law of a foreign jurisdiction in the nature of custody
referred to in paragraph (a);
mentally impaired accused means a person who is
subject to a custody order made under the
Criminal Law (Mentally Impaired Accused) Act 1996 2 Part 4;
New South Wales Act means the
Child Protection (Offenders Registration) Act 2000 of New South Wales;
New South Wales reportable offender has the
meaning given to that term in section 8;
offender reporting order means an order made under
section 13 and includes a corresponding offender reporting order;
parole means parole under an order made under the
Sentence Administration Act 2003 and includes parole under an equivalent
order made under the laws of a foreign jurisdiction;
past offender reporting order means an order made
under section 19;
personal details means the information listed in
section 26(1);
personal information means information about an
individual whose identity is apparent or can reasonably be ascertained from
the information;
prisoner has the meaning given to that term in the
Prisons Act 1981 section 3;
prohibition order has the meaning given to that
term in section 85;
public authority means —
(a) a
department of the Public Service;
(b) a
local government or regional local government; or
(c) any
other body, whether incorporated or not, that is established or continued for
a public purpose under a written law and that, under the authority of a
written law, performs a statutory function on behalf of the State;
Register means the Community Protection Offender
Register established under section 80;
reportable offence has the meaning given to that
term in section 9;
reportable offender has the meaning given to that
term in section 6;
reporting obligations , in relation to a
reportable offender, means the obligations imposed on him or her by
Part 3;
reporting period means the period, as determined
under Part 3 Division 5, during which a reportable offender must
comply with his or her reporting obligations;
sentence includes —
(a) an
exercise of power under the Sentencing Act 1995 Part 6;
(b) an
order under the Sentencing Act 1995 Part 7;
(c) an
exercise of power under the Young Offenders Act 1994 section 66,
67, 69 or 70;
(d) a
custody order made under the Criminal Law (Mentally Impaired Accused)
Act 1996 Part 4;
(e) a
special order made under the Young Offenders Act 1994 section 126;
and
(f)
anything prescribed by the regulations to be a sentence for the purposes of
this definition,
and any sentence or equivalent exercise of power
or order under the laws of a foreign jurisdiction;
strict government custody , in relation to a
reportable offender, means custody as a prisoner, detainee or mentally
impaired accused, but does not include such custody if the reportable
offender —
(a) is
regularly permitted to be absent from a place of custody for any period,
regardless of its length, whether on leave of absence or otherwise; and
(b) is
not during any such period under the immediate supervision of an officer of a
supervising authority or other person having custody of the reportable
offender;
supervising authority , in relation to a class of
reportable offenders, means the authority prescribed by the regulations as the
supervising authority of that class of reportable offenders;
young reportable offender means a reportable
offender who is a child.
[Section 3 amended by No. 47 of 2011
s. 15.]