Child Protection (Offenders Registration) Act 2000 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.5 (not commenced)

An Act with respect to registration and reporting requirements for certain offenders who commit sexual and other serious offences against children; and for other purposes.

long title: Am 2004 No 85, Sch 1 [1].

Part 1Preliminary1Name of Act

This Act is the Child Protection (Offenders Registration) Act 2000.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

2AObjects of Act

The objects of this Act are—

  • (a)

    to protect children from serious harm (including physical and psychological harm caused by physical or sexual assault), and

  • (b)

    to ensure the early detection of offences by recidivist child sex offenders, and

  • (c)

    to monitor persons who are registrable persons, and

  • (d)

    to ensure that registrable persons comply with this Act.

s 2A: Ins 2014 No 54, Sch 1 [1].

2BDefinitions(1)

In this Act—

carriage service has the same meaning as in the Telecommunications Act 1997 of the Commonwealth.

child means any person who is under the age of 18 years.

child protection registration order means an order made under Part 2A, Division 2.

Class 1 offence—see section 2D(1).

Class 2 offence—see section 2D(2).

community correction order means a community correction order under the Crimes (Sentencing Procedure) Act 1999.

community service order means a community service order under the Crimes (Sentencing Procedure) Act 1999 or a children’s community service order under the Children (Community Service Orders) Act 1987.

conditional release order means a conditional release order under the Crimes (Sentencing Procedure) Act 1999.

corresponding Act means a law of a foreign jurisdiction—

  • (a)

    that 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)

    that the regulations state is a corresponding Act for the purposes of this Act.

corresponding child protection registration order means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding child protection registration order for the purposes of this Act.

corresponding registrable offence means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act.

corresponding registrable person—see section 3L(1).

corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner of Police under this Act.

court includes any Magistrate exercising functions under the Criminal Procedure Act 1986, and also includes a court (however described) of a foreign jurisdiction.

detainee means a person who—

  • (a)

    is a detainee within the meaning of the Children (Detention Centres) Act 1987, or

  • (b)

    is absent from a detention centre pursuant to an order in force under section 24 of that Act.

disability has the same meaning as it has in the Anti-Discrimination Act 1977.

existing controlled person means a person who, immediately before the commencement of this section—

  • (a)

    was subject to a sentence of imprisonment in respect of a registrable offence, including—

    • (i)

      a term of imprisonment the subject of an intensive correction order, home detention order or sentence suspension order, and

    • (ii)

      a term of imprisonment in respect of which the person was on release on parole under strict supervision,

    but not including a term of imprisonment in respect of which the person was on release on parole otherwise than under strict supervision, or

  • (b)

    was a forensic patient in respect of a registrable offence, or

  • (c)

    was an existing licensee in respect of a registrable offence, or

  • (d)

    was participating in the Pre-Trial Diversion of Offenders Program under the Pre-Trial Diversion of Offenders Act 1985 in respect of a registrable offence, or

  • (e)

    was the subject of a community service order in respect of a registrable offence, or

  • (f)

    was subject to a good behaviour bond in respect of a registrable offence, being a bond under which the person was required to submit to strict supervision,

whether under the laws of New South Wales or (in whatever terms expressed) under the laws of a foreign jurisdiction.

existing licensee means a person who is—

  • (a)

    the holder of an existing licence within the meaning of clause 22 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999, or

  • (b)

    the holder of a licence under section 7 of the Habitual Criminals Act 1957, or

  • (c)

    the holder of any equivalent licence granted under the laws of a foreign jurisdiction,

being a person who is for the time being required by the conditions of the licence to submit to strict supervision.

finding of guilt—see subsection (2).

foreign jurisdiction means a jurisdiction other than New South Wales (including jurisdictions outside Australia).

foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses.

forensic custody—see section 2G(1).

forensic patient means a person who is subject to an order of detention under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 as a result of a limiting term being imposed on the person, or the person being subject to a special verdict of act proven but not criminally responsible, under that Act.

good behaviour bond means a good behaviour bond under the Crimes (Sentencing Procedure) Act 1999, and includes a good behaviour bond referred to in section 33 (1) (b) of the Children (Criminal Proceedings) Act 1987.

government custody means the following—

  • (a)

    custody as an inmate or detainee,

  • (b)

    forensic custody,

  • (c)

    custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a) or (b).

home detention order means a home detention order under the Crimes (Sentencing Procedure) Act 1999.

inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999.

intensive correction order means an order referred to in section 7 of the Crimes (Sentencing Procedure) Act 1999.

interstate Registrar means an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages.

NSW Registrar means the Registrar within the meaning of the Births, Deaths and Marriages Registration Act 1995.

personal information report, for a registrable person, means a report that includes all relevant personal information.

Register means the Child Protection Register established under section 19.

registrable offence means an offence that is—

  • (a)

    a Class 1 offence, or

  • (b)

    a Class 2 offence, or

  • (c)

    an offence that results in the making of a child protection registration order.

registrable person—see section 3A.

registrable person order—see section 3C(1).

relevant personal information means—

  • (a)

    the information specified in Schedule 1C, and

  • (b)

    other information prescribed by the regulations.

relevant vehicle or other transport—see section 2H.

reporting obligations, in relation to a registrable person, means the obligations imposed on the person under this Act.

reporting period, in relation to a registrable person, means the period during which the person must comply with the person’s reporting obligations that is—

  • (a)

    specified in a registrable person order or child protection registration order, or

  • (b)

    determined in accordance with Part 3, Division 6.

residential premises, of a registrable person, means premises at which the person resides for 7 days or more, whether or not consecutively, in a 12-month period.

sentence includes the following—

  • (a)

    any order under section 65(2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that causes a person to be kept in custody or an order of detention under section 33(1) or 61(2) of that Act,

  • (b)

    any order under section 33 (1) of the Children (Criminal Proceedings) Act 1987,

  • (c)

    any action taken under section 10A of the Crimes (Sentencing Procedure) Act 1999,

  • (d)

    any undertaking under section 23 of the Pre-Trial Diversion of Offenders Act 1985,

  • (e)

    any sentence or equivalent order or undertaking imposed under the laws of a foreign jurisdiction.

sentence suspension order means an order under section 12 of the Crimes (Sentencing Procedure) Act 1999.

sexual act, sexual intercourse and sexual touching have the same meanings as in Division 10 of Part 3 of the Crimes Act 1900.

strict government custody, in relation to a registrable person, means custody as an inmate, detainee or forensic patient, but does not include such custody if the person—

  • (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 at all such times under the immediate supervision of an officer of a supervising authority or other person having custody of the person.

strict supervision means supervision by—

  • (a)

    the Commissioner of Corrective Services or an officer employed within the Department of Corrective Services, or

  • (b)

    the Director-General of the Department of Juvenile Justice or an officer employed within that Department, or

  • (c)

    the Director-General of the Department of Health or an officer employed within that Department,

or supervision by an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a)–(c).

supervised sentence means—

  • (a)

    a sentence of imprisonment the subject of an intensive correction order or home detention order, or

  • (b)

    a community service order or community correction order, or

  • (c)

    a good behaviour bond or conditional release order under which the person is required to submit to strict supervision, or

  • (d)

    an order of detention under section 33(1), 61(2) or 65(2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, other than an order that, as originally made, requires the person to be kept in strict government custody.

  • (e)

    (Repealed)

supervising authority, in relation to a registrable person, means an authority prescribed by the regulations as the authority having control of the person.

witness protection program has the same meaning as it has in the Witness Protection Act 1995.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(1A)

Except in so far as the context or subject-matter otherwise indicates or requires or as the regulations provide that this subsection not have effect, a reference in this Act to the Crimes (Sentencing Procedure) Act 1999 is a reference to that Act as in force at any time (whether before, on or after the commencement of this subsection). This subsection does not affect the meaning or construction of references to any other Act mentioned in this Act.

Note.

The principal purpose of this subsection is to make it clear that references to orders and bonds under the Crimes (Sentencing Procedure) Act 1999 extend to orders and bonds under that Act as in force at any time.

(2)

For the purposes of this Act, a reference to a finding of guilt in relation to an offence (however expressed) committed by a person is a reference to any of the following—

  • (a)

    a court making a formal finding of guilt in relation to the offence,

  • (b)

    a court convicting the person of the offence, where there has been no formal finding of guilt before conviction,

  • (c)

    a court accepting a plea of guilty from the person in relation to the offence,

  • (d)

    a court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999, or under equivalent provisions of the laws of a foreign jurisdiction,

  • (e)

    a verdict under section 59(1)(b), (c) or (d) or of act proven but not criminally responsible under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, or under equivalent provisions of the laws of a foreign jurisdiction.

(2A)

A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.

(3)

(Repealed)

(4)

For the purposes of this Act, a person who is absent from a detention centre pursuant to an order in force under section 23 or 24 of the Children (Detention Centres) Act 1987 is taken to be in custody.

(5)

For the purposes of this Act, section 579 of the Crimes Act 1900 does not apply to or in respect of a registrable offence.

(6)

For the purposes of this Act, a registrable person has a special need if—

  • (a)

    the person has impaired intellectual functioning, that is, the person has—

    • (i)

      total or partial loss of the person’s mental functions, or

    • (ii)

      a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or

    • (iii)

      a disorder, illness or disease that affects the person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour, or

  • (b)

    the person is subject to a guardianship order (within the meaning of the Guardianship Act 1987), or

  • (c)

    the person is illiterate, or is not literate in the English language, or

  • (d)

    the person is visually impaired to the extent that the person is unable to read a written notice, or

  • (e)

    the person is subject to some other condition that may prevent the person from being able to understand a written notice.

(7)

A reference to sexual touching or a sexual act in this Act does not include a reference to an offence that only involves indecent exposure.

(8)

A reference to doing a thing “in person” in this Act is a reference to doing the thing by personal attendance at a place, it is not sufficient to attend the place by telephone or by any other electronic means.

(9)

Notes included in this Act do not form part of this Act.

s 2B (previously s 3): Renumbered 2024 No 62, Sch 1[3].

2CRisk to sexual safety of children—meaning(1)

For the purposes of this Act, a person poses a risk to the lives or sexual safety of one or more children, or of children generally if there is a risk that the person will engage in conduct that may constitute a Class 1 offence or a Class 2 offence against or in respect of a child or children.

(2)

In order for a court to be satisfied that a person poses a risk to the lives or sexual safety of one or more children, or of children generally, it is not necessary for the court to be able to identify a risk to particular children, or a particular class of children.

(3)

A court is to take the following into account in determining whether a person poses a risk to the lives or sexual safety of one or more children, or of children generally—

  • (a)

    the seriousness of each registrable offence committed by the person,

  • (b)

    the age of the person at the time each of those offences was committed,

  • (c)

    the age of each victim of each of those offences at the time that the offence was committed,

  • (d)

    the seriousness of any other offences committed by the person,

  • (e)

    the impact on the person if the order being sought is made compared with the likelihood that the person may commit a registrable offence,

  • (f)

    any other matter that the court considers to be relevant.

s 2C (previously s 3AA): Renumbered 2024 No 62, Sch 1[4].

2DClass 1 offences and Class 2 offences(1)

In this Act, a Class 1 offence means the following—

  • (a)

    murder, if the person murdered was a child,

  • (b)

    an offence specified in Schedule 1A,

  • (c)

    an offence under a law of a foreign jurisdiction that—

    • (i)

      if committed in New South Wales, would be an offence of a kind specified in this subsection, or

    • (ii)

      is prescribed by the regulations as a Class 1 offence,

  • (d)

    an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind specified in this subsection,

  • (e)

    an offence that, when it was committed, was a Class 1 offence,

  • (f)

    an offence committed before 8 December 2000 that was an offence of a kind specified in this subsection.

(2)

In this Act, a Class 2 offence means the following—

  • (a)

    manslaughter, other than manslaughter as a result of a motor vehicle accident, if the person killed was a child,

  • (b)

    an offence specified in Schedule 1B,

  • (c)

    an offence under a law of a foreign jurisdiction that—

    • (i)

      if committed in New South Wales, would be an offence of a kind specified in this subsection, or

    • (ii)

      is prescribed by the regulations as a Class 2 offence,

  • (d)

    an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind specified in this subsection,

  • (e)

    an offence that, when it was committed, was a Class 2 offence,

  • (f)

    an offence committed before 8 December 2000 that was an offence of a kind specified in this subsection.

s 2D: Ins 2024 No 62, Sch 1[5].

2ECourt may treat offences as single offence(1)

A court may, for the purposes of this Act, treat 2 or more offences as a single offence if satisfied it is appropriate treat the offences as a single offence.

(2)

Matters that may be relevant to a decision to treat offences as a single offence include the following—

  • (a)

    whether the offences are of the same kind,

  • (b)

    whether the offences were committed against the same person,

  • (c)

    whether the offences were committed at the same time or close together in time,

  • (d)

    other matters prescribed by the regulations.

Note—

Offences of the same kind that are committed against the same person in the same 24-hour period are offences that may be treated as a single offence.

(3)

The single offence must be treated as a Class 1 offence if at least 1 of the offences comprising the single offence is a Class 1 offence.

(4)

The single offence must be treated as a Class 2 offence if—

  • (a)

    at least 1 of the offences comprising the single offence is a Class 2 offence, and

  • (b)

    none of the offences is a Class 1 offence.

s 2E: Ins 2024 No 62, Sch 1[5].

2FOffences arising from same incident to be treated as single offence(1)

A person, other than a court, who is calculating a reporting period must treat 2 or more offences as a single offence if the offences arise from the same incident.

Example—

the Commissioner of Police calculating a reporting period for a corresponding registrable person

(2)

The single offence must be treated as a Class 1 offence if at least 1 of the offences comprising the single offence is a Class 1 offence.

(3)

The single offence must be treated as a Class 2 offence if—

  • (a)

    at least 1 of the offences comprising the single offence is a Class 2 offence, and

  • (b)

    none of the offences is a Class 1 offence.

(4)

For this section, offences arise from the same incident if—

  • (a)

    each of the offences is committed within 24 hours of one or more of the other offences, and

  • (b)

    for offences committed against a person—the offences are committed against the same person.

s 2F: Ins 2024 No 62, Sch 1[5].

2GForensic custody(1)

In this Act, a person is in forensic custody if the person is—

  • (a)

    subject to—

    • (i)

      an order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, section 33(1), 61(2) or 65(2) that, as originally made, requires the person to be kept in strict government custody, or

    • (ii)

      an order prescribed by the regulations, or

  • (b)

    involuntarily detained in a mental health facility in circumstances prescribed by the regulations.

(2)

The regulations may make provision about—

  • (a)

    the circumstances in which a person in forensic custody is taken not to be in government custody, and

  • (b)

    the identification of the supervising authority for persons in forensic custody who are not detained in a mental health facility.

s 2G: Ins 2024 No 62, Sch 1[5].

2HRelevant vehicles or other transport(1)

In this Act, a relevant vehicle or other transport, for a person, means the following if owned by the person or used by the person for 7 days or more in a 12-month period, whether or not consecutively—

  • (a)

    a motor vehicle within the meaning of the Road Transport Act 2013,

  • (b)

    a caravan or trailer,

  • (c)

    a vessel or aircraft required to be registered under a law of New South Wales or another Australian jurisdiction.

(2)

In this section—

owned includes leased and hired.

vessel has the same meaning as in the Marine Safety Act 1998.

s 2H: Ins 2024 No 62, Sch 1[5].

2ITravel to Norfolk Island is travel outside New South Wales

For this Act, if a person travels to Norfolk Island, the person travels outside New South Wales.

s 2I: Ins 2024 No 62, Sch 1[5].

s 3: Am 2001 No 50, Sch 1 [1]–[8]; 2001 No 84, Sch 2.2; 2001 No 99, Sch 2; 2001 No 121, Sch 2.33 [1]; 2002 No 1, Sch 3.1 [1] [2]; 2002 No 53, Sch 2.4; 2002 No 98, Sch 1 [1]–[3]; 2004 No 11, Sch 1; 2004 No 85, Sch 1 [2]–[14]; 2004 No 95, Sch 2.1; 2006 No 107, Sch 1.3 [1] [2]; 2007 No 13, Sch 1 [1]–[3]; 2007 No 74, Sch 3; 2007 No 87, Sch 1 [1]–[3]; 2008 No 105, Sch 2.1 [1]; 2009 No 56, Sch 2.4; 2010 No 48, Sch 5.1 [1]–[3]; 2010 No 88, Sch 1 [1] [2]; 2014 No 54, Sch 1 [2]–[11]; 2017 No 53, Sch 4.4 [1]–[4]; 2018 No 33, Sch 2 [1]–[4]; 2020 No 12, Sch 3.3[1]–[5]; 2024 No 62, Sch 1[1] [2]. Renumbered as sec 2B, 2024 No 62, Sch 1[3].

s 3AA (previously s 3H): Renumbered 2018 No 33, Sch 2 [8]. Renumbered as sec 2C, 2024 No 62, Sch 1[4].

Part 2Offenders to whom Act applies

pt 2: Ins 2004 No 85, Sch 1 [15].

3ARegistrable persons(1)

In this Act, each of the following is a registrable person

  • (a)

    a person subject to a registrable person order,

  • (b)

    a person subject to a child protection registration order,

  • (c)

    a corresponding registrable person,

  • (d)

    a person who has been found guilty by a court of an offence specified in section 2D(1)(c) or (2)(c),

  • (e)

    a person who was a registrable person immediately before the commencement of this subsection, as substituted by the Child Protection (Offenders Registration) Amendment Act 2024.

(2)

Unless a person is a corresponding registrable person, a person is not a registrable person merely because the person—

  • (a)

    is a person in respect of whom a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 (or an equivalent order under the laws of a foreign jurisdiction) in respect of a Class 1 or Class 2 offence, or

  • (b), (c)

    (Repealed)

  • (d)

    is a person whom a court has found guilty of a registrable offence before 15 October 2001, unless the person is an existing controlled person or the offence results in the making of a child protection registration order against the person.

(3)

A person is not a registrable person if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this section.

(4)

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, child protection registration order or corresponding child protection registration order.

(5)

(Repealed)

s 3A: Ins 2004 No 85, Sch 1 [15]. Am 2007 No 13, Sch 1 [4]; 2007 No 87, Sch 1 [4] [5]; 2008 No 105, Sch 2.1 [2]; 2014 No 54, Sch 1 [12]–[15]; 2018 No 33, Sch 2 [5]; 2024 No 62, Sch 1[6]–[8].

3BCircumstances in which person ceases to be registrable person

A person ceases to be a registrable person if—

  • (a)

    the finding of guilt against the person for the only offence that makes the person a registrable person is quashed or set aside by a court, or

  • (b)

    the person’s sentence in respect of that offence is reduced or altered so that the person would not have been a registrable person had the amended sentence been the original sentence, or

  • (c)

    the person is a registrable person only because the person is subject to a registrable person order or child protection registration order and that order is quashed on appeal or otherwise ceases to have effect under this Act.

s 3B: Ins 2004 No 85, Sch 1 [15]. Am 2007 No 87, Sch 1 [6]; 2024 No 62, Sch 1[9].

Part 2ARegistrable person orders and child protection registration orders

pt 2A, hdg: Ins 2007 No 87, Sch 1 [8]. Subst 2024 No 62, Sch 1[11].

Division 1Registrable person orders

pt 2A, div 1: Ins 2024 No 62, Sch 1[12].

3CRegistrable person orders by sentencing court(1)

A court (the sentencing court) that sentences a person for a registrable offence must make an order (a registrable person order) that the person is a registrable person if—

  • (a)

    for a person who was an adult when the registrable offence was committed—the sentencing court imposes a sentence for the registrable offence, other than a no conviction order, or

  • (b)

    for a person who was a child when the registrable offence was committed—

    • (i)

      the sentencing court imposes a sentence for the registrable offence, other than a no conviction order, and

    • (ii)

      the prosecution requests the registrable person order be made, and

    • (iii)

      the sentencing court is satisfied the registrable person order is necessary because the person poses a risk to the lives or sexual safety of one or more children or of children generally.

Note—

The Crimes (Sentencing Procedure) Act 1999, section 43 allows proceedings to be reopened if the sentencing court makes an incorrect registrable person order or fails to make a registrable person order.

(2)

If a person is sentenced for more than 1 registrable offence, only 1 registrable person order must be made for all the offences.

(3)

The registrable person order must specify the reporting period calculated in accordance with section 3I.

(4)

In this section—

adult means a person who is not a child.

no conviction order means an order under—

  • (a)

    the Crimes (Sentencing Procedure) Act 1999, section 10, or

  • (b)

    the Children (Criminal Proceedings) Act 1987, section 33(1)(a).

s 3C: Ins 2004 No 85, Sch 1 [15]. Subst 2007 No 87, Sch 1 [7]. Rep 2014 No 54, Sch 1 [16]. Ins 2018 No 33, Sch 2 [6]. Rep 2024 No 62, Sch 1[10]. Ins 2024 No 62, Sch 1[12].

3CAEffect of appeals on registrable person orders(1)

A registrable person order is not part of the sentence imposed for the registrable offence that gave rise to the order.

(2)

If an appeal is made against the conviction or sentence for a registrable offence, the registrable person order imposed for the offence is not stayed and continues in force, subject to subsection (3).

(3)

A court (the appeal court) that determines an appeal against a registrable person’s conviction or sentence for a registrable offence may—

  • (a)

    if a registrable person order would not be required to be made under this Act if the decision of the appeal court were the original decision of the sentencing court—revoke the registrable person order, or

  • (b)

    if a different reporting period would be required to be specified in the registrable person order if the decision of the appeal court were the original decision of the sentencing court—amend the registrable person order or the reporting period specified in the order in accordance with section 3I.

(4)

In this section—

sentencing court has the same meaning as in section 3C.

s 3CA: Ins 2024 No 62, Sch 1[12].

Division 2Child protection registration orders

pt 2A, div 2, hdg: Ins 2024 No 62, Sch 1[12].

3DChild protection registration orders made during criminal proceedings(1)

If a court finds a person guilty of an offence that is not a Class 1 or a Class 2 offence, it may order that the person comply with the reporting obligations of this Act.

(2)

A court may make an order under this section only if—

  • (a)

    the court is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally, and

  • (b)

    the court imposes a sentence on the person in relation to the offence (other than an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987), and

  • (c)

    an application for the imposition of the order is made by the prosecution.

Note.

The effect of subsection (2) (b) is to prevent a child protection registration order being made in certain circumstances if an order is made dismissing the charge or conditionally discharging the offender.

(3)–(5)

(Repealed)

(6)

For the purposes of calculating the person’s reporting period under this Act, a person subject to an order under this section is deemed to have been found guilty of a Class 2 offence.

(7)

(Repealed)

s 3D: Ins 2004 No 85, Sch 1 [15]. Am 2007 No 87, Sch 1 [9] [10]; 2024 No 62, Sch 1[13].

3EOrders made after conclusion of criminal proceedings(1)

The Local Court may, on application by the Commissioner of Police, order a person who has been sentenced by a court of New South Wales in respect of an offence that is not a Class 1 offence or a Class 2 offence to comply with the reporting obligations under this Act.

(2)

The Local Court may make an order under this section only if—

  • (a)

    the Court is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally, and

  • (b)

    the sentence imposed on the person in respect of the offence was not an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or under section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987.

    Note.

    The effect of subsection (2) (b) is to prevent a child protection registration order being made if an order is made dismissing the charge or conditionally discharging the offender.

(3)

An application for an order under this section must be made within 60 days after the person with respect to whom the order is sought is sentenced for the relevant offence.

(4)

For the purposes of calculating the person’s reporting period under this Act, if the Local Court makes an order in respect of a person under this section, the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date an order under this section is made.

s 3E: Ins 2004 No 85, Sch 1 [15]. Subst 2007 No 87, Sch 1 [11]. Am 2007 No 87, Sch 4.1 [1]; 2014 No 54, Sch 1 [17]; 2024 No 62, Sch 1[13].

3FOrders made in relation to foreign offences and old offences(1)

The Local Court may, on application by the Commissioner of Police, order any of the following persons to comply with the reporting obligations of this Act—

  • (a)

    a person who has been found guilty of an offence against the law of a foreign jurisdiction that, if the offence had been committed in New South Wales, would have been an offence under the law of New South Wales, and who is not otherwise a registrable person in respect of that offence,

  • (b)

    a person who has (at any time) been sentenced by a court for a Class 1 offence of which the person was found guilty before 15 October 2001, unless the person was a child at the time that the offence was committed,

  • (c)

    a person who has (at any time) been sentenced by a court for a relevant Class 2 offence, unless the person was a child at the time the offence was committed.

(2)

The Local Court may make an order under this section only if it is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally.

(3)

For the purposes of calculating the person’s reporting period under this Act, if the Local Court makes an order in respect of a person under this section, the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date an order under this section is made.

(4)

Section 51 of the Local Court Act 2007 does not apply to proceedings for an order under this section.

(5)

The fact that an offence in respect of which a person has been found guilty is spent does not prevent the making of an order under this section.

(6)

For the purposes of this section, an offence is spent if, under a law in any jurisdiction, the person is permitted not to disclose the fact that the person was convicted or found guilty of the offence.

(7)

In this section—

relevant Class 2 offence, in relation to a person, means an offence—

  • (a)

    referred to in—

    • (i)

      section 2D(2)(a), or

    • (ii)

      Schedule 1B, Part 1, item 1 or 21, and

  • (b)

    of which the person was found guilty before 24 October 2014.

s 3F: Ins 2007 No 87, Sch 1 [11]. Am 2007 No 87, Sch 4.1 [1] [2]; 2014 No 54, Sch 1 [18]; 2024 No 62, Sch 1[13]–[15].

3GChild protection registration orders made after grant of bail under Mental Health and Cognitive Impairment Forensic Provisions Act 2020(1)

A court that grants bail to a person in respect of a Class 1 offence or a Class 2 offence under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 may order that the person comply with the reporting obligations of this Act.

(2)

A court may make an order under this section only if it is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally.

(3)

A court may make an order under this section only if—

  • (a)

    an application for the imposition of the order is made by the prosecution, and

  • (b)

    the order is made concurrently with the granting of the person’s bail.

(4)

For the purposes of calculating the person’s reporting period under this Act, if a court makes an order in respect of a person under this section the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date the order is made.

(5)

A decision to make an order under this section is taken to be part of a bail decision for the purposes of the Bail Act 2013 and can be varied in accordance with that Act.

(6)

An order made under this section ceases to have effect if—

  • (a)

    proceedings against the person in respect of the Class 1 offence or Class 2 offence are withdrawn by the prosecution or dismissed by a court, or

  • (b)

    the person is sentenced by a court in respect of the Class 1 offence or Class 2 offence, or

  • (c)

    the bail decision is varied under the Bail Act 2013 and, on that variation, the order is quashed or set aside.

(7)

Subsection (4) ceases to apply if the order ceases to have effect.

(8)

If an order under this section ceases to have effect as a consequence of the person having been sentenced by a court in respect of the Class 1 offence or Class 2 offence, and the person continues to be a registrable person, the period for which the person’s reporting obligations continue is to be reduced by the length of time for which the person was required to comply with the reporting obligations under this Act solely as a consequence of the order.

s 3G: Ins 2007 No 87, Sch 1 [11]. Am 2009 No 56, Sch 2.4; 2014 No 5, Sch 2.1 [1] [2]; 2020 No 12, Sch 3.3[6] [7]; 2024 No 62, Sch 1[13].

3HChild protection registration order must specify reporting period

A child protection registration order made in relation to a person must specify the reporting period for the person calculated in accordance with section 3I.

s 3H (renumbered as s 3AA): Ins 2007 No 87, Sch 1 [11]. Am 2014 No 54, Sch 1 [19]; 2018 No 33, Sch 2 [7]. Renumbered as sec 3AA 2018 No 33, Sch 2 [8]. Ins 2024 No 62, Sch 1[16].

Division 3General provisions

pt 2A, div 3: Ins 2024 No 62, Sch 1[17].

3ICalculation of reporting period specified in orders(1)

The reporting period for a registrable person subject to a registrable person order or child protection registration order is—

  • (a)

    8 years, if the person has only ever been found guilty of a single Class 2 offence, or

  • (b)

    15 years, if the person—

    • (i)

      has only ever been found guilty of a single Class 1 offence, or

    • (ii)

      has ever been found guilty of more than a single registrable offence, but is not covered by paragraph (c), or

  • (c)

    the remainder of the person’s life, if the person is a registrable person in relation to—

    • (i)

      a Class 1 offence and the person subsequently commits and is found guilty of another registrable offence, or

    • (ii)

      a Class 2 offence and the person subsequently commits and is found guilty of a Class 1 offence, or

    • (iii)

      a Class 2 offence and the person subsequently commits and is found guilty of another Class 2 offence and has ever been found guilty of 3 or more Class 2 offences.

(2)

If the registrable person was a child when each registrable offence was committed, the reporting period for the registrable person order or child protection registration order is—

  • (a)

    half the period that would otherwise apply under subsection (1)(a) or (b), or

  • (b)

    7 and a half years, if subsection (1)(c) would otherwise apply.

(3)

If section 14C applies in relation to the registrable person, the reporting period must be extended in accordance with that section.

(4)

Subsection (1)(c) or (2)(b) does not apply if the registrable person was not given notice of the person’s reporting obligations under this Act or a corresponding Act before the person committed the subsequent offence.

(5)

A reference in subsection (1) or (2) to an offence extends to an offence committed before the commencement of the subsection.

s 3I: Ins 2024 No 62, Sch 1[17].

3JNotice requirements(1)

This section applies to a court that makes a registrable person order or child protection registration order in relation to a person.

(2)

The court must—

  • (a)

    arrange for the following to be given to the person, including if the person is not physically present in the court—

    • (i)

      a copy of the order,

    • (ii)

      written notice of—

      • (A)

        the person’s reporting obligations, and

      • (B)

        the consequences of failing to comply with the person’s reporting obligations, and

  • (b)

    verbally explain the matters specified in subparagraph (a)(ii) to the person in language the person is able to readily understand.

(3)

The notice referred to in subsection (2)(a)(ii) must comply with the requirements of the regulations in relation to the form of the notice.

(4)

The court may require the person—

  • (a)

    to remain in court or otherwise on the court premises until subsection (2) is complied with, or

  • (b)

    to collect the copy of the order and the written notice required under subsection (2)(a) from the court registry or another place on the court premises before leaving the premises.

(5)

A registrable person order or child protection registration order is not invalidated by a failure to comply with subsection (2)(b).

(6)

The regulations may make provision about the arrangements for giving the person a copy of the order or written notice under subsection (2)(a) if the person is not physically present in the court when the order is made.

Example—

a person attending court by audio visual link

(7)

As soon as practicable after the order is made, the court must give a copy of the order to—

  • (a)

    the Commissioner of Police, and

  • (b)

    the supervising authority for the person.

s 3J: Ins 2024 No 62, Sch 1[17] (am 2025 No 56, Sch 5.2[1]–[3]).

3KRegistrable persons taken to know certain matters(1)

This section applies if—

  • (a)

    a registrable person order or child protection order has been made in relation to a person, and

  • (b)

    either—

    • (i)

      the person has been given a copy of the order and the written notice required under section 3J(2)(a), or

    • (ii)

      both of the following apply—

      • (A)

        the person’s reporting obligations, and the consequences of failing to comply with the reporting arrangements, have been verbally explained to the person under section 3J(2)(b),

      • (B)

        the person has failed to comply with a direction under section 3J(4) to remain at the court, or otherwise attend the court registry, to receive copies of the order and the written notice.

(2)

The person is taken to know the following—

  • (a)

    the person is a registrable person,

  • (b)

    the person’s reporting period,

  • (c)

    the person’s reporting obligations.

s 3K: Ins 2024 No 62, Sch 1[17] (am 2025 No 56, Sch 5.2[4]).

Part 2BCorresponding registrable persons

pt 2B: Ins 2024 No 62, Sch 1[18].

3LCorresponding registrable persons(1)

In this Act, a corresponding registrable person means—

  • (a)

    a person who—

    • (i)

      has at any time been—

      • (A)

        in a foreign jurisdiction, and

      • (B)

        required, other than because the person is a registrable person in New South Wales, to report to the corresponding registrar in that jurisdiction, and

    • (ii)

      would, if still in that jurisdiction, be required, other than because the person is a registrable person in New South Wales, to report to the corresponding registrar, or

  • (b)

    a person who—

    • (i)

      has been found guilty in a foreign jurisdiction of a Class 1 offence or a Class 2 offence, and

    • (ii)

      has been required, as a consequence of having been found guilty of the offence, to report in that jurisdiction information about the person to a person or body exercising functions substantially similar to the functions of the Commissioner of Police under this Act, and

    • (iii)

      would, if still in that jurisdiction, be required to report the person’s information.

(2)

Subject to the regulations, a person is a corresponding registrable person under subsection (1) even if the offence in relation to which the person is required to report in the foreign jurisdiction is not a registrable offence under this Act.

(3)

The regulations may exclude a person or class of persons from being a corresponding registrable person.

s 3L: Ins 2024 No 62, Sch 1[18].

3MCorresponding registrable persons to report to Commissioner of Police(1)

This section applies to a corresponding registrable person in New South Wales if the person has not given a personal information report to the Commissioner of Police within the previous 12 months.

(2)

The corresponding registrable person must give the Commissioner of Police a report that includes the following—

  • (a)

    the person’s name and contact details,

  • (b)

    the foreign jurisdictions in which the person would be required to report to a corresponding registrar if the person were in that jurisdiction,

  • (c)

    the reason for the person’s visit to New South Wales,

  • (d)

    the amount of time the person is proposing to stay in New South Wales,

  • (e)

    where the person will be staying in New South Wales,

  • (f)

    where the person will be travelling to in New South Wales,

  • (g)

    details of carriage services, including phone numbers, used, or intended to be used, by the person during the visit,

  • (h)

    details of expected contact with children during the visit,

  • (i)

    the make, model, colour and registration number of all relevant vehicles or other transport to be used by the person during the visit,

  • (j)

    information prescribed by the regulations.

Note—

Failing to give a report under this section is an offence under section 17. Providing false or misleading information in a report under this section is an offence under section 18.

(3)

The report must be given—

  • (a)

    within 5 days after the corresponding registrable person arrives in New South Wales, not counting days when the corresponding registrable person is in government custody, and

  • (b)

    before the person leaves New South Wales.

(4)

This section does not apply to—

  • (a)

    a person who—

    • (i)

      resides outside of New South Wales in an area prescribed by the regulations, and

    • (ii)

      does not stay in New South Wales for more than 24 hours, or

  • (b)

    a person prescribed by the regulations.

s 3M: Ins 2024 No 62, Sch 1[18].

3NNotice to corresponding registrable person of reporting obligations(1)

This section applies to a person (a relevant person) who—

  • (a)

    the Commissioner of Police reasonably suspects has become a corresponding registrable person while in New South Wales, or

  • (b)

    is a corresponding registrable person who has not previously been given notice of the person’s reporting obligations in New South Wales and who—

    • (i)

      notifies the Commissioner of Police that the person proposes to stay in New South Wales for longer than the prescribed period, or

    • (ii)

      the Commissioner of Police reasonably suspects proposes to stay in New South Wales for longer than the prescribed period.

(2)

The Commissioner of Police must cause written notice of the following to be given to the relevant person—

  • (a)

    the person’s reporting obligations, including the person’s reporting period,

  • (b)

    the consequences of failing to comply with the person’s reporting obligations.

(3)

The notice must be given as soon as practicable after the Commissioner of Police becomes aware the person is a relevant person.

(4)

The regulations may prescribe—

  • (a)

    the form of the notice, and

  • (b)

    the way in which the notice must be given.

(5)

A relevant person must comply with the person’s reporting obligations under this Act until the later of—

  • (a)

    the expiry of the person’s reporting period in relation to all corresponding registrars to whom the person has reporting obligations, or

  • (b)

    the expiry of the reporting period that would have applied to the person under this Act if the person had been sentenced by a court in New South Wales.

(6)

This section does not apply to a corresponding registrable person if the person—

  • (a)

    is a resident of New South Wales, and

  • (b)

    has given a personal information report to the Commissioner of Police within the previous 12 months.

(7)

In this section—

prescribed period, in relation to a corresponding registrable person, means a period of 14 days, not counting days when the corresponding registrable person is in government custody.

s 3N: Ins 2024 No 62, Sch 1[18].

Part 3Reporting obligations

pt 3, hdg (previously Part 2, heading): Subst 2004 No 85, Sch 1 [16].

Division 1Notices to be given4, 4A

(Repealed)

s 4: Am 2007 No 13, Sch 1 [5]. Rep 2024 No 62, Sch 1[19].

s 4A: Ins 2007 No 87, Sch 1 [12]. Rep 2024 No 62, Sch 1[19].

5Notices to be given when registrable person commences supervised sentence for registrable offence(1)

As soon as practicable after a registrable person commences a supervised sentence for a registrable offence, the supervising authority for the person is to give written notice to the person of—

  • (a)

    the person’s reporting obligations, and

  • (a1)

    the person’s reporting period, and

  • (b)

    the consequences that may arise if the person fails to comply with those obligations.

(2)

The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.

(3)

(Repealed)

s 5: Am 2001 No 50, Sch 1 [9]; 2004 No 85, Sch 1 [17]; 2008 No 79, Sch 3.1; 2010 No 48, Sch 5.1 [4]; 2014 No 54, Sch 1 [20]; 2024 No 62, Sch 1[20].

6Notices to be given when registrable person ceases to be in custody or under supervision of supervising authority(1)

As soon as practicable before or after a registrable person—

  • (a)

    ceases to be in strict government custody, or

  • (b)

    ceases to be in government custody, or

  • (c)

    ceases to be subject to a supervised sentence, or

  • (d)

    ceases to participate in the Pre-Trial Diversion of Offenders Program under the Pre-Trial Diversion of Offenders Act 1985, or

  • (e)

    ceases to be subject to a condition of parole requiring the person to be subject to supervision, or

  • (f)

    ceases to be an existing licensee, or

  • (g)

    becomes subject to an order under section 94 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis,

whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice of that fact to the Commissioner of Police.

(2)

As soon as practicable before or after a registrable person who has been in government custody for 14 or more consecutive days ceases to be in government custody, whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice to the person of—

  • (a)

    the person’s reporting obligations, and

  • (b)

    the consequences that may arise if the person fails to comply with those obligations.

(3)

Notice is not required to be given under subsection (2) if the person ceases to be in government custody because of an order under section 94 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis.

(4)

The regulations may make provision for or with respect to the following—

  • (a)

    what constitutes absence on a regular and unsupervised basis,

  • (b)

    the manner and form in which written notice must be given under this section.

s 6: Am 2001 No 50, Sch 1 [10] [11]; 2004 No 85, Sch 1 [18]–[20]; 2014 No 54, Sch 1 [21]–[23]; 2020 No 12, Sch 3.3[8].

7Notices may be given by Commissioner of Police(1)

The Commissioner of Police may, at any time, cause written notice of the following to be given to a registrable person—

  • (a)

    the person’s reporting obligations,

  • (b)

    the consequences of failing to comply with the person’s reporting obligations.

(2)

The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.

s 7: Am 2024 No 62, Sch 1[21].

7ANotices to be given to registrable persons who enter New South Wales(1)

This section applies to a registrable person who enters New South Wales if the person has not previously been given notice of the person’s reporting obligations in New South Wales.

(2)

The Commissioner of Police must, as soon as practicable after the registrable person becomes a person to whom this section applies, cause written notice of the following to be given to the registrable person—

  • (a)

    the person’s reporting obligations,

  • (b)

    the consequences of failing to comply with the person’s reporting obligations.

(3)

The regulations may make provision about the form and way in which written notice must be given under subsection (2).

s 7A: Ins 2004 No 85, Sch 1 [21]. Subst 2024 No 62, Sch 1[22].

7BNotice to be given when reporting obligations change(1)

This section applies to a registrable person whose reporting obligations have changed since the person was last notified of them in New South Wales.

(2)

The Commissioner of Police must cause written notice of the following to be given to the registrable person—

  • (a)

    the person’s reporting obligations,

  • (b)

    the consequences of failing to comply with the person’s reporting obligations.

(2A)

Notice under this section must be given—

  • (a)

    as soon as practicable after the change in the registrable person’s reporting obligations occurs, and

  • (b)

    before the person is required to make the person’s next report under this Act.

(3)

The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.

s 7B: Ins 2004 No 85, Sch 1 [21]. Am 2024 No 62, Sch 1[23].

7CPower of detention to enable notice to be given(1)

A police officer may exercise a power of detention under this section only if—

  • (a)

    there are reasonable grounds to suspect that a person is a registrable person and that the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations, and

  • (b)

    all other reasonably appropriate means of determining whether the person is a registrable person, or of notifying the person of reporting obligations, as the case requires, have been taken.

(2)

A police officer may detain the person if it is reasonably necessary to do so—

  • (a)

    to enable a determination as to whether or not the person is a registrable person or, if the person is a registrable person, as to whether or not the person has been given notice, or is aware, of the person’s reporting obligations, or

  • (b)

    to enable the person to be given notice of those obligations if the person is not aware of them.

(3)

In detaining the person, the police officer must tell the person—

  • (a)

    why the person is being detained, and

  • (b)

    that the detention is authorised under this Act, and

  • (c)

    that the person will be released immediately after the purpose of the detention is fulfilled.

(4)

The detained person—

  • (a)

    must not be held for a period that is longer than is reasonably necessary to enable the purpose of the detention to be fulfilled, and

  • (b)

    must not be held merely because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations, and

  • (c)

    must be released immediately after the purpose of the detention is fulfilled.

s 7C: Ins 2004 No 85, Sch 1 [21].

8Failure to comply with procedural requirements does not affect registrable person’s obligations

A failure to comply with the requirements of this Division does not affect a registrable person’s reporting obligations.

Division 2Initial report

pt 3, div 2, hdg (previously Part 2, Div 2, heading): Subst 2004 No 85, Sch 1 [22].

9

(Repealed)

s 9: Subst 2004 No 85, Sch 1 [22]. Am 2005 No 108, Sch 2.2; 2007 No 87, Sch 1 [13] [14]; 2009 No 93, Sch 1 [1]; 2013 No 31, Sch 3.2 [1] [2]; 2014 No 54, Sch 1 [24]–[28]. Rep 2024 No 62, Sch 1[24].

9AWhen initial report must be made(1)

A registrable person of a kind referred to in Column 1 of the Table to this subsection must give the Commissioner of Police a personal information report about the person within the period specified in relation to the person in Column 2 of the Table.

Table

Column 1

Column 2

Registrable person

Period for initial report

A registrable person (other than a corresponding registrable person) who enters government custody in New South Wales before, on or after the commencement of this section as a consequence of having being sentenced for a registrable offence and who ceases to be in government custody while in New South Wales

Within 5 days after the registrable person ceases to be in government custody

Any other registrable person who is sentenced for a registrable offence in New South Wales

Within 5 days after the registrable person is sentenced for the registrable offence

A registrable person who enters New South Wales from a foreign jurisdiction and who has not previously been required under this Act to give the Commissioner of Police a personal information report about the person

Within 5 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody

(2)

Despite subsection (1), a registrable person must give the Commissioner of Police a personal information report about the person before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.

(3)

A corresponding registrable person is not required to give the Commissioner of Police a personal information report if the person—

  • (a)

    does not remain in New South Wales for longer than 14 days, and

  • (b)

    gives the Commissioner of Police a report under section 3M, and

  • (c)

    is not given written notice by the Commissioner of Police under section 3N.

s 9A: Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [15]; 2014 No 54, Sch 1 [29]; 2024 No 62, Sch 1[25]–[28].

9BWhen new initial report must be made by person whose previous reporting obligations have ceased(1)

If a registrable person’s reporting period expires but the person is then sentenced for a registrable offence, the person must give the Commissioner of Police a personal information report about the person—

  • (a)

    within 7 days after the person is sentenced for the registrable offence, or

  • (b)

    if the registrable person is in government custody, within 7 days after the person ceases to be in government custody,

whichever is the later.

(2)

(Repealed)

(3)

If a registrable person’s reporting obligations are suspended by an order under section 16 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 16A (or an equivalent provision of the laws of a foreign jurisdiction), the person must give the Commissioner of Police a personal information report about the person—

  • (a)

    within 7 days after the order ceases to have effect, or

  • (b)

    if the person is in government custody, within 7 days after the person ceases to be in government custody,

whichever is the later.

(4)

If a registrable person is not in New South Wales at the time the person would be required under subsection (1) or (3) to give the Commissioner of Police a personal information report about the person, the person must give the report within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.

(5)

Despite subsections (1) and (3), a registrable person must give the Commissioner of Police a personal information report about the person before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.

s 9B: Ins 2004 No 85, Sch 1 [22]. Am 2009 No 27, Sch 1.1 [1] [2]; 2014 No 54, Sch 1 [30]; 2024 No 62, Sch 1[25] [29] [30].

9CPersons required to report under corresponding Act(1)

This section applies to a person (other than one to whom Division 5 applies) who has been required to report to a corresponding registrar, irrespective of whether the person is a registrable person for the purposes of this Act.

(2)

Unless the person has previously complied with the obligation imposed by this section, the person must, within 5 days after entering and remaining in New South Wales, contact (by telephone or another prescribed means) a person nominated by the Commissioner of Police for the purposes of this section.

(3)

The contacted nominated person must advise the person whether the person is a registrable person for the purposes of this Act and of any reporting obligations that the person has under this Act.

(4)

A person is not guilty of an offence against section 17 because of a failure to comply with the reporting obligations imposed by subsection (2) if the person—

  • (a)

    is not a registrable person for the purposes of this Act, or

  • (b)

    has not been notified of that reporting obligation, or

  • (c)

    does not remain in New South Wales for 14 or more consecutive days, not counting any days spent in government custody, or

  • (d)

    gives the Commissioner of Police a personal information report in accordance with section 9A, or

  • (e)

    gives the Commissioner of Police a report in accordance with section 3M.

s 9C: Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[31] [32].

Division 3Ongoing reporting obligations

pt 3, div 3, hdg: Ins 2004 No 85, Sch 1 [22].

10Registrable person must report annually(1)

A registrable person must give the Commissioner of Police a personal information report about the person each year during the reporting month for the person.

(2)

The personal information report must be given under this section each year during the reporting month, regardless of whether the person has given another report under this Act.

(3)

If the registrable person has been in government custody since the person last gave the Commissioner of Police a personal information report under this section, the report must include details of when and where the government custody occurred.

(4)

In this section—

reporting month, for a registrable person, means—

  • (a)

    the calendar month in which the person first gave the Commissioner of Police a personal information report under this Act, or

  • (b)

    if the registrable person’s reporting period expires, but the person is then required to give the Commissioner a personal information report under section 9A—the calendar month in which the person first gave the Commissioner of Police a personal information report for the current reporting period.

s 10: Am 2000 No 93, Sch 1.2. Subst 2004 No 85, Sch 1 [22]; 2024 No 62, Sch 1[33].

10ARegistrable person must report changes in relevant personal information(1)

During a registrable person’s reporting period, the registrable person must notify the Commissioner of Police of a change in the registrable person’s relevant personal information—

  • (a)

    if the change occurs when the registrable person is in New South Wales and not in government custody—

    • (i)

      for information referred to in Schedule 1C, clause 9—within 24 hours after the change occurs, or

    • (ii)

      otherwise—within 5 days after the change occurs, or

  • (b)

    if the change occurs when the registrable person is in government custody in New South Wales—within 5 days after the registrable person ceases to be in government custody, or

  • (c)

    if the change occurs when the registrable person is not in New South Wales—within 5 days after the registrable person enters New South Wales.

(2)

A change in a registrable person’s relevant personal information includes if relevant personal information previously included in a personal information report no longer applies to the registrable person.

(3)

To avoid doubt, a change in a registrable person’s relevant personal information includes the following—

  • (a)

    starting or ceasing to reside at particular premises,

  • (b)

    starting or ceasing work,

  • (c)

    acquiring or disposing of a relevant vehicle or other transport,

  • (d)

    starting or ceasing to use a telephone number, carriage service or internet service provider,

  • (e)

    a child starting or ceasing to reside with the registrable person.

s 10A: Ins 2024 No 62, Sch 1[33].

11Contact with children must be reported(1)

This section applies if a registrable person has contact with a child that involves the registrable person—

  • (a)

    supervising or caring for the child, or

  • (b)

    visiting or staying at a household where the child is present, or

  • (c)

    exchanging contact details with the child, including giving the person’s contact details to the child, or

  • (d)

    attempting to befriend the child, or

  • (e)

    attempting to establish contact or further contact with the child.

(2)

Within 24 hours after the registrable person has the contact with the child, the registrable person must give the Commissioner of Police a report that includes the following information, to the extent it is known by the registrable person—

  • (a)

    the child’s name,

  • (b)

    the child’s date of birth,

  • (c)

    the child’s address or other means of contacting the child.

(3)

A registrable person is not required to give the Commissioner of Police a report under this section if—

  • (a)

    the child resides with the registrable person, and

  • (b)

    the registrable person has previously reported to the Commissioner of Police that the child resides with the registrable person.

Note—

See Schedule 1C, clause 9(2) for the circumstances in which a child is taken to reside with a person.

(4)

In this section—

contact or further contact, with a child, includes the following—

  • (a)

    physical contact with the child, including by touching the child or being in very close physical proximity to the child,

  • (b)

    oral communication with the child, including communication taking place in person or by telephone or electronic means,

  • (c)

    written communication with the child, including communication taking place by mail, telephone or electronic means.

s 11: Subst 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [16] [17]; 2009 No 93, Sch 1 [2]; 2014 No 54, Sch 1 [31]–[33]. Subst 2024 No 62, Sch 1[33].

11AIntended absence from New South Wales to be reported(1)

This section applies if a registrable person—

  • (a)

    intends to leave New South Wales for 14 or more consecutive days to travel elsewhere in Australia, or

  • (b)

    intends to leave New South Wales to travel out of Australia.

(2)

At least 7 days before leaving New South Wales, the registrable person must report the intended travel to the Commissioner of Police and must provide details of—

  • (a)

    each State, Territory or country to which the person intends to go while out of New South Wales, and

  • (b)

    the approximate dates during which the person intends to be in each of those States, Territories or countries, and

  • (c)

    each address or location within each State, Territory or country at which the person intends to reside (to the extent that they are known) and the approximate dates during which the person intends to reside at those addresses or locations, and

  • (d)

    if the person intends to return to New South Wales, the approximate date on which the person intends to return, and

  • (e)

    if the person does not intend to return to New South Wales, a statement of that intention.

(3)

If circumstances arise making it impracticable for a registrable person to make the report 7 days before the person leaves, it is sufficient compliance with subsection (2) if the registrable person reports the required information to the Commissioner of Police at least 24 hours before the intended travel.

s 11A: Ins 2004 No 85, Sch 1 [22].

11BChange of travel plans while out of New South Wales to be reported(1)

This section applies if a registrable person who is out of New South Wales decides—

  • (a)

    to extend a stay elsewhere in Australia beyond 13 days, or

  • (b)

    to change any details given to the Commissioner of Police under section 11A.

(2)

As soon as is practicable after making the decision, the registrable person must—

  • (a)

    if subsection (1) (a) applies, report the details required by section 11A (2) to the Commissioner of Police (including those details as they relate to the travel that has already been completed), or

  • (b)

    if subsection (1) (b) applies, report the changed details to the Commissioner of Police.

(3)

The registrable person must make the report—

  • (a)

    by facsimile or email sent to the Commissioner of Police or to any other address permitted by the regulations, or

  • (b)

    in any other manner permitted by the regulations.

s 11B: Ins 2004 No 85, Sch 1 [22].

11CRegistrable person to report return to New South Wales or decision not to leave(1)

This section applies if a registrable person was required to report that the person intended to leave New South Wales under section 11A.

(2)

If the registrable person left New South Wales, the person must report the person’s return to New South Wales to the Commissioner of Police within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.

(3)

If the registrable person decides not to leave New South Wales, the person must report the change of intention to the Commissioner of Police within 7 days of deciding not to leave.

s 11C: Ins 2004 No 85, Sch 1 [22]. Am 2014 No 54, Sch 1 [34].

11DReport of other absences from New South Wales(1)

This section applies if a registrable person, at the time of making a report under this Division, leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a calendar month (irrespective of the length of any such absence).

(2)

The registrable person must report the following details to the Commissioner of Police—

  • (a)

    in general terms, the reason for travelling,

  • (b)

    in general terms, the frequency and destinations of the travel.

s 11D: Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[34].

11EInformation concerning international travel to be given to the Australian Federal Police

As soon as practicable after receiving a report under this Division concerning a registrable person’s intentions in relation to travel out of Australia, the Commissioner of Police must ensure that a copy of the report is given to the Commissioner of the Australian Federal Police.

s 11E: Ins 2004 No 85, Sch 1 [22].

11FIntended change of place where registrable person generally resides(1)

This section applies if a registrable person intends to change the place where the registrable person generally resides.

Note.

This section imposes an additional reporting requirement with respect to residence to that imposed under section 10A, which requires a registrable person to report actual (as opposed to intended) changes in the place where the person generally resides.

(2)

At least 14 days before changing the place, the registrable person must report the intended change to the Commissioner of Police and must provide details of—

  • (a)

    the address where the person proposes to generally reside, or

  • (b)

    if the person does not intend to reside at particular premises—the name of the locality of the place where the person intends to generally reside.

(3)

If a change in the place at which a person generally resides occurs because of an emergency or other exceptional circumstances arise making it impracticable for the registrable person to report the intended change, it is sufficient compliance with subsection (2) if the registrable person—

  • (a)

    reports the required information to the Commissioner of Police as soon as practicable (but not more than 3 days) after the change occurs, and

  • (b)

    provides satisfactory evidence of the circumstances which made it impracticable to report the required information sooner to the Commissioner of Police.

(4)

A registrable person who reports an intended change of place under this section and who subsequently changes the place where he or she generally resides to the place detailed in the report is not required to comply with the reporting obligations imposed by section 10A with respect to that change of place.

(5)

A registrable person who reports an intended change and does not make the change within 14 days after it is reported must report this fact to the Commissioner of Police within 3 days after the end of that 14-day period.

s 11F: Ins 2009 No 93, Sch 1 [3]. Am 2024 No 62, Sch 1[35] [36].

11GApproval of travel outside Australia(1)

A registrable person may apply to the Commissioner of Police for approval under the Criminal Code of the Commonwealth, section 271A.1(3) to travel outside Australia.

(2)

An application must be made in the way determined by the Commissioner of Police.

(3)

The Commissioner of Police may determine an application by—

  • (a)

    granting the application and giving written approval, or

  • (b)

    refusing the application.

(4)

If the Commissioner of Police refuses an application, the Commissioner must give the registrable person written notice of the refusal, including the reasons for the refusal.

s 11G: Ins 2024 No 62, Sch 1[37].

Division 4Provisions applying to all reporting obligations

pt 3, div 4, hdg: Ins 2004 No 85, Sch 1 [22].

12Where report is to be made(1)

A report under this Part is to be made—

  • (a)

    at any police station in the locality in which the registrable person is currently residing (subject to subsection (2)), or

  • (b)

    if a direction is given in accordance with the regulations as to the police station at which the report is to be made, at the police station so directed, or

  • (c)

    at some other place approved (either generally or in a particular case) by the Commissioner of Police.

(2)

If a police station in the locality in which a registrable person is currently residing is a restricted police station, the registrable person—

  • (a)

    with the consent of the Commissioner of Police, may make the report at that station, and

  • (b)

    may make the report at the next nearest police station that is not a restricted police station.

(3)

For the purposes of subsection (2), a restricted police station is a police station that is a police station, or that falls within a class of police station, that the regulations state is not to be used as a venue for the purposes of this section without the consent of the Commissioner of Police.

(4)

This section does not apply if, under section 12A (2), a report is permitted to be made in a way that is inconsistent with this section.

s 12: Am 2001 No 50, Sch 1 [12] [13]; 2002 No 98, Sch 1 [4]–[6]. Subst 2004 No 85, Sch 1 [22].

12AHow reports to be made(1)

A registrable person must make the following reports under this Part in person—

  • (a)

    an initial personal information report required by Division 2,

  • (b)

    an annual personal information report required by section 10,

  • (c)

    a report of a change of address of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, of the localities in which the person can generally be found,

  • (d)

    a report of the acquisition of, removal of, or change to, any tattoo or distinguishing mark.

(2)

A registrable person may make any other report that the person is required to make in person or in any other way permitted by the regulations or by the Commissioner of Police, either generally or in a particular case.

(3)

Only a police officer may receive a report made in person and only a police officer or a person approved for the purpose by the Commissioner of Police may receive a report made in another way in accordance with subsection (2).

(4)

If a registrable person attending in person is a child, or has a disability that renders it impracticable for the person to make a report, any parent, guardian, carer or other person nominated by the person who is accompanying the registrable person may make the report on the registrable person’s behalf.

(5)

Similarly, if a registrable person who is permitted to make a report other than in person in accordance with subsection (2) is a child, or has a disability that renders it impracticable for the person to make the report himself or herself, a parent, guardian, carer or other person nominated by the registrable person may make the report on the registrable person’s behalf.

s 12A: Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[38].

12BRight to privacy and support when reporting(1)

A person making a report under this Part at a police station or other place approved by the Commissioner of Police—

  • (a)

    is entitled to make the report out of the hearing of members of the public, and

  • (b)

    is entitled to be accompanied by a support person of the person’s choosing.

(2)

A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part.

(3)

A police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.

s 12B: Ins 2004 No 85, Sch 1 [22].

12CReceipt of information to be acknowledged(1)

As soon as is practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report.

(2)

The acknowledgment must be in writing, must be given to the person who made the report and must include—

  • (a)

    the name and signature of the police officer or other person who received the report, and

  • (b)

    the date and time when, and the place where, the report was received, and

  • (c)

    a copy of the information that was reported, and

  • (d)

    a copy of the record of any agreement made under subsection (4).

(3)

If a report is not made in person, the police officer or other person who received the report must, as soon as practicable—

  • (a)

    give the person making the report a unique reference number, and

  • (b)

    record that number on the relevant registrable person’s file and on the acknowledgment.

(4)

The Commissioner of Police may make an agreement with the registrable person as to the manner in which any reference number or acknowledgment required to be given by this section may be given.

(5)

The Commissioner of Police must ensure—

  • (a)

    that there is a method of recording an agreement made under subsection (4), and

  • (b)

    that, except with the written consent of the registrable person, any reference number or acknowledgment required to be given by this section is given in accordance with the agreement while the agreement remains in force.

(6)

The Commissioner of Police must ensure that a copy of every acknowledgment is retained.

s 12C: Ins 2004 No 85, Sch 1 [22].

12DAdditional matters to be provided(1)

If a report is required to be made in person, the person making the report must also present for inspection—

  • (a)

    2 identification documents relating to the registrable person, and

  • (b)

    if the person making the report is accompanying the registrable person and making the report on the registrable person’s behalf, 2 identification documents relating to the person making the report, and

  • (c)

    in any case, any other form of identification specified by the regulations for the purposes of this subsection.

(1A)

If a registrable person holds a driver licence or a current passport (whether a current Australian passport or current overseas passport), the identification documents presented must include the driver licence, passport or passports (and, if the registrable person holds both a driver licence and a current passport or passports, must include all those identification documents).

(1B)

If a person accompanying a registrable person and making a report on his or her behalf holds a driver licence, the identification documents presented must include the driver licence.

(2)

Each of the following original documents is an identification document for the purposes of this section—

  • (a)

    a full birth certificate,

  • (a1)

    a driver licence,

  • (b)

    an Australian passport that is current or has been expired for less than 2 years,

  • (c)

    a current overseas passport,

  • (d)

    an Australian naturalisation or citizenship document, or immigration papers issued by the Commonwealth Department of Immigration and Multicultural Affairs,

  • (e)

    a current Medicare card, pensioner concession card, Department of Veterans’ Affairs entitlement card or other entitlement card issued by the Commonwealth or a State Government,

  • (f)

    a current credit card or account from a bank, building society or credit union, or a passbook or statement of account up to one year old,

  • (g)

    a telephone, gas or electricity bill up to one year old,

  • (h)

    a notice of council rates, water service charges or land valuation up to 2 years old,

  • (i)

    an electoral enrolment card or other evidence of enrolment as an elector up to 2 years old,

  • (j)

    a current student identity card, or a certificate or statement of enrolment up to 2 years old from an educational institution.

(3)

The police officer receiving the report may waive the requirements of subsection (1) (a) and (c) if—

  • (a)

    the registrable person permits his or her fingerprints to be taken immediately before or after the report is made, or

  • (b)

    the police officer is otherwise satisfied as to the registrable person’s identity.

(4)

The police officer receiving the report may waive the requirements of subsection (1) (b) and (c) if the police officer is otherwise satisfied as to the person’s identity.

(5)

The police officer receiving a report may copy any document presented to the officer for inspection under subsection (1) (a) or (b).

(6)

If a report is made otherwise than in person, the regulations may specify—

  • (a)

    the circumstances in which—

    • (i)

      information concerning the identity of the registrable person and the identity of the person making the report, and

    • (ii)

      a document verifying or supporting details in the report,

    are required, and

  • (b)

    the manner in which that information is to be provided,

but may not require an original document to be provided.

(7)

In this section—

Australian passport includes a document of identity issued by the Australian Passport Office.

driver licence means a New South Wales driver licence, or any other licence issued under a law in force in a foreign jurisdiction authorising the holder to drive a motor vehicle, containing photo identification of the holder of the licence.

s 12D: Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [18]–[22].

12EPower to take fingerprints

A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by the police officer, the fingerprints of the registrable person if—

  • (a)

    not reasonably satisfied as to the identity of the registrable person after the officer has examined all of the material relating to identity provided or presented to the officer by, or on behalf of, the registrable person, or

  • (b)

    there are no fingerprints of the person held by the NSW Police Force, or

  • (c)

    if a person permits the person’s fingerprints to be taken under section 12D.

s 12E: Ins 2004 No 85, Sch 1 [22]. Am 2006 No 94, Sch 3.4 [1].

12FPower to take photographs(1)

A police officer receiving a report made in person under this Part may require the registrable person—

  • (a)

    to be photographed, or

  • (b)

    to expose any part of the person’s body to enable that part of the body to be photographed by the officer or another person authorised by the officer.

(2)

A police officer cannot, under this section, require a registrable person to expose his or her genitals, the anal area of his or her buttocks or, in the case of females or transgender people who identify as females, their breasts.

s 12F: Ins 2004 No 85, Sch 1 [22].

12GInformation to be given before obtaining fingerprints or photographs

Before attempting to exercise a power under section 12E or 12F, the police officer must inform the registrable person in language likely to be understood by the person—

  • (a)

    of the purpose for which the power is to be exercised and, in the case of section 12E (a), why the officer is not satisfied as to the registrable person’s identity, and

  • (b)

    that if the person refuses to give the person’s fingerprints, or to expose part of the person’s body (as the case may be) voluntarily, reasonable force may be used, and

  • (c)

    that the fingerprints or photographs will be retained by the Commissioner of Police.

s 12G: Ins 2004 No 85, Sch 1 [22].

12HRetention of documents, fingerprints and photographs(1)

The Commissioner of Police may retain and use for identification, law enforcement or child protection purposes any of the following taken under this Division from a person—

  • (a)

    copies of any documents,

  • (b)

    any fingerprints,

  • (c)

    any photographs.

(2)

A person having possession of documents, fingerprints or photographs provided under this Division must not use them otherwise than for a purpose permitted by this Division.

Maximum penalty—20 penalty units.

(3)

Despite any other law, a person having possession of the fingerprints of a registrable person provided under, or used for the purposes of, this Division is not required to destroy those fingerprints before the registrable person ceases to have reporting obligations.

9Time limits for prosecutions

Section 21B, as inserted by the amending Act, does not apply to an offence committed before the commencement of that section if the limitation period for commencing proceedings expired before that commencement.

Part 4Provisions consequent on enactment of Child Protection (Offenders Registration) Amendment (Suspended Sentences) Act 200710Application of amendments to suspended sentences(1)

This Act, as amended by the 2007 amending Act extends, and is taken always to have extended, to any person who has been sentenced in respect of a registrable offence at any time before the commencement of the 2007 amending Act.

(2)

Despite subclause (1), a person who has become a registrable person as a consequence of the amendments made by the 2007 amending Act is not guilty of an offence under this Act by virtue of anything the person has done or omitted to do at any time before the commencement of the 2007 amending Act if, at that time, the person was not a registrable person.

(3)

As soon as practicable after the commencement of the 2007 amending Act, the Commissioner of Police is to give any person who has become a registrable person as a consequence of the amendments made by that Act written notice of—

  • (a)

    the person’s reporting obligations, and

  • (b)

    the consequences that may arise if the person fails to comply with those obligations.

(4)

In this clause, the 2007 amending Act means the Child Protection (Offenders Registration) Amendment (Suspended Sentences) Act 2007.

Part 5Provisions consequent on enactment of Child Protection (Offenders Registration) Amendment Act 200711Definition

In this Part, amending Act means the Child Protection (Offenders Registration) Amendment Act 2007.

12Registrable persons

The amendments made to the definitions of Class 1 offence and sentence in section 3 (1) and to section 3A (2) (b) by the amending Act apply in respect of any sentence imposed on or after the commencement of the amendments, including any sentence imposed as a consequence of a finding of guilt made before the commencement of the amendments.

13Corresponding registrable persons

Section 3C, as substituted by the amending Act, applies to any person who has at any time been in a foreign jurisdiction and required to report to the corresponding registrar or to a person or body whose functions are substantially similar to those of the Commissioner of Police under this Act, whether that obligation arose before, on or after the commencement of this clause (including if it arose as a consequence of a finding of guilt made before 15 October 2001).

14Child protection registration orders(1)

Section 3E, as substituted by the amending Act, applies in respect of any person sentenced for an offence on or after the substitution of that section, including if the sentence is imposed for an offence committed before that substitution.

(2)

Section 3F, as inserted by the amending Act, permits a court to make an order referred to in section 3F (1) (a) in respect of any person found guilty of an offence against a law of a foreign jurisdiction at any time, including if the finding of guilt was made before the commencement of that section.

(3)

Section 3G, as inserted by the amending Act, applies to a grant of bail, on or after the commencement of that section, in respect of a Class 1 offence or Class 2 offence which is alleged to have been committed before, on or after that commencement.

15Changes to personal information

The amendments made to section 11 by the amending Act apply to a change in a person’s relevant personal information that occurs on or after the commencement of the amendments.

16Increase in penalties—sections 17 and 18

The amendments made to this Act by the amending Act in relation to the maximum penalty for an offence under section 17 or 18, and proceedings for that offence, apply only to an offence under section 17 or 18 that is alleged to have been committed on or after the commencement of the amendments.

17Disclosure of information(1)

Section 21E, as inserted by the amending Act, extends to the disclosure, on or after the commencement of that section, of information obtained before that commencement.

(2)

Clause 27 of Schedule 1 to the Freedom of Information Act 1989, as inserted by the amending Act, extends to a report provided, or information obtained or placed on the Child Protection Register, before the commencement of that clause.

Part 6Provisions consequent on enactment of Criminal Legislation Amendment Act 200918Initial report by person whose previous reporting obligations have ceased

Section 9B, as amended by the Criminal Legislation Amendment Act 2009, does not apply in respect of the following registrable persons, and that section, as in force immediately before the commencement of that amendment, continues to apply in respect of any such person—

  • (a)

    a person referred to in section 9B (1) who was sentenced for the registrable offence, or ceased to be in government custody, (whichever is applicable) before that commencement,

  • (b)

    a person referred to in section 9B (2) who became a corresponding registrable person, or ceased to be in government custody, (whichever is applicable) before that commencement,

  • (c)

    a person referred to in section 9B (3), if the order under section 16 ceased to have effect or the person ceased to be in government custody (whichever is applicable) before that commencement.

Part 7Provisions consequent on enactment of Child Protection Legislation (Registrable Persons) Amendment Act 200919Reporting requirements(1)

In this clause—

amending Act means the Child Protection Legislation (Registrable Persons) Amendment Act 2009.

new reporting obligation means any information required to be provided by registrable persons under section 9 (1) (e) or 11F (as amended and inserted, respectively, by the amending Act).

(2)

It is sufficient compliance with a new reporting obligation to report the date of birth of a child if a registrable person who has reported the name and age of a child before the commencement of the amendment to section 9 (1) (e) made by the amending Act reports the date of birth of the child when the registrable person next reports in accordance with this Act after the commencement of the amendment.

(3)

It is sufficient compliance with a new reporting obligation for a registrable person who changes the place where he or she generally resides within 14 days before the insertion of section 11F by the amending Act if the person reports the required information to the Commissioner of Police as soon as possible (but not more than 3 days) after the insertion of that section.

(4)

Section 19BA (3A)–(3C), as inserted by the amending Act, extend to personal information collected or used before the insertion of those subsections.

Part 8Provisions consequent on enactment of Courts and Crimes Legislation Amendment Act 201020Application of amendments(1)

The amendments made to the definitions of Class 1 offence and Class 2 offence in section 3 (1) by the amending Act extend to any offence referred to in those amendments (a new registrable offence) in respect of which a sentence was imposed before the commencement of the amendments.

(2)

Sections 4 and 5 do not apply in respect of a sentence imposed, or a supervised sentence commenced, before the commencement of the amending Act in respect of a new registrable offence.

(3)

A person who becomes a registrable person on the commencement of the amending Act merely because of having committed a new registrable offence, and who is not in government custody, must, within the appropriate period, report the person’s relevant personal information to the Commissioner of Police.

(4)

The appropriate period is—

  • (a)

    in relation to a person who is in New South Wales on the commencement of the amending Act—21 days after that commencement or before the person leaves New South Wales, whichever period ends first, or

  • (b)

    in relation to a person who is not in New South Wales on that commencement—within 7 days after entering and remaining in New South Wales for 14 or more consecutive days.

(5)

The report must be made in the manner in which an initial report must be made under this Act.

(6)

For the purposes of calculating the period for which a person must continue to comply with the person’s reporting obligations in respect of a new registrable offence, the reporting period for the new registrable offence is taken to have commenced—

  • (a)

    when the person was sentenced for the new registrable offence, or

  • (b)

    when the person ceases to be in government custody in relation to the offence,

whichever is the later.

(7)

A reference in this Act to the reporting obligations of a registrable person includes a reference to the reporting obligations imposed under this Part.

(8)

In this clause, the amending Act means the Courts and Crimes Legislation Amendment Act 2010.

Part 9Provisions consequent on enactment of Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Act 201321Entry by police to residential premises

The powers under section 16C may be exercised in respect of residential premises of a registrable person even if the initial report was made by the registrable person before the commencement of that section.

Part 10Provisions consequent on enactment of Child Protection (Offenders Registration) Amendment (Statutory Review) Act 201422Definition

In this Part—

amending Act means the Child Protection (Offenders Registration) Amendment (Statutory Review) Act 2014.

23Reference to section 91H of the Crimes Act 1900 offence of production, dissemination or possession of child abuse material includes references to older offences(1)

A reference in the definition of Class 2 offence in section 3 (1) to an offence under section 91H of the Crimes Act 1900 includes a reference to an offence (committed before the commencement of section 91H) under section 578B of the Crimes Act 1900.

(2)

A reference in section 3A (2) (c) (ii) to an offence under section 91H of the Crimes Act 1900 includes a reference to an offence (committed before the commencement of section 91H) under section 578B or 578C (2A) of the Crimes Act 1900.

24Reference to section 91K of the Crimes Act 1900 offence of filming a person engaged in a private act includes reference to older offences

A reference in section 3A (2) (c) (iii) to an offence under section 91K (1) of the Crimes Act 1900 includes a reference to an offence (committed before the commencement of section 91K) under section 21G (1) of the Summary Offences Act 1988.

25Orders made after conclusion of criminal proceedings

Section 3E (3), as amended by the amending Act, applies so as to permit an application for an order to be made within 60 days after a person is sentenced for a relevant offence even if the sentence was imposed before that amendment.

26Risk to sexual safety of children—meaning

Section 3H (3) applies to any determination made after the commencement of that subsection regardless of whether the determination is made in relation to proceedings that commenced before the commencement of that subsection.

27Registrable person who ceases to be under supervision(1)

Section 6 (1) (g) does not apply to an order under section 49 of the Mental Health (Forensic Provisions) Act 1990 that was made before the commencement of that paragraph.

(2)

Section 6 (3), as substituted by the amending Act, applies in respect of an order under section 49 of the Mental Health (Forensic Provisions) Act 1990 whether or not that order was made before the commencement of that subsection.

28Relevant personal information

Section 9, as amended by the amending Act, applies in respect of a report made after those amendments regardless of whether the report relates to matters occurring before those amendments or the reporting obligations of the registrable person commenced before those amendments.

29Time within which reports must be made

Sections 11 and 11C, as in force immediately before those sections were amended by the amending Act, continue to apply in respect of changes in circumstances that are required to be reported to the Commissioner of Police under those sections if the change occurred before those amendments commenced.

30Extension of reporting period

Section 15 (4) does not apply in respect of a breach of reporting obligations occurring before the commencement of that subsection.

Part 11Provisions consequent on enactment of Criminal Legislation Amendment (Child Sexual Abuse) Act 201831Sexual touching and sexual act include former acts of indecency

Any references in this Act to sexual touching or sexual act are taken, in a reference to any offence occurring before the commencement of this clause, to include a reference to an act of indecency.

32Application of section 3C

Section 3C, as inserted by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, applies to sentences passed after the commencement of that section, regardless of when the offence was committed.

Part 12Provisions consequent on enactment of Child Protection (Offenders Registration) Amendment Act 202433Application of amendments(1)

An existing section 3C order, in force immediately before the repeal of former section 3C by the amending Act, continues in force despite the repeal.

(2)

New section 3C does not apply to a court sentencing a person before the commencement of that section.

(3)

An offence that became a registrable offence because of the commencement of Schedule 1A or 1B, as inserted by the amending Act, is taken not to be a registrable offence if the offence was committed before the commencement of that amendment.

(4)

The repeal of section 9(1C)–(1E) by the amending Act does not affect anything done under the subsections before the repeal.

(5)

In this clause—

amending Act means the Child Protection (Offenders Registration) Amendment Act 2024.

existing section 3C order means an order made under section 3C, as in force immediately before the repeal of former section 3C by the amending Act.

former section 3C means section 3C as in force immediately before the repeal of the section by the amending Act.

new section 3C means section 3C as inserted by the amending Act.

34Ending of reporting obligations for certain offenders(1)

The Commissioner of Police may, by order given to a registrable person, direct that the registrable person’s reporting obligations cease to have effect.

(2)

The Commissioner of Police may make the order only if—

  • (a)

    the person has the reporting obligations only because of a registrable offence that the person committed when the person was a child, and

  • (b)

    the person was sentenced for the registrable offence before the commencement of this clause.

(3)

The regulations may make provision in relation to the making of an order, including the following—

  • (a)

    the matters that the Commissioner of Police must consider, or be satisfied of, before making an order,

  • (b)

    applications for an order,

  • (c)

    review of decisions by the Commissioner of Police under this clause.

sch 2: Am 2002 No 98, Sch 1 [8] [9]; 2004 No 85, Sch 1 [45]–[48]; 2007 No 13, Sch 1 [6] [7]; 2007 No 87, Sch 1 [36] [37]; 2009 No 27, Sch 1.1 [3]; 2009 No 93, Sch 1 [11] [12]; 2010 No 88, Sch 1 [3] [4]; 2013 No 77, Sch 2 [2] [3]; 2014 No 54, Sch 1 [48]; 2014 (706), cl 3; 2018 No 33, Sch 2 [9]; 2024 No 62, Sch 1[61].

Historical notesTable of amending instruments

Child Protection (Offenders Registration) Act 2000 No 42. Assented to 27.6.2000. Date of commencement, except secs 1, 2 and 23 and Sch 1.2, 15.10.2001, sec 2 and GG No 156 of 12.10.2001, p 8499; date of commencement of secs 1, 2 and 23 and Sch 1.2 [1], 15.9.2000, sec 2 and GG No 121 of 15.9.2000, p 10415; date of commencement of Sch 1.2 [2], 19.7.2002, sec 2 and GG No 121 of 19.7.2002, p 5537. This Act has been amended as follows—

2000

No 93

Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000.

Date of commencement of Sch 1.2, assent, sec 2 (2).

2001

No 50

Child Protection (Offenders Registration) Amendment Act 2001. Assented to 17.7.2001.

Date of commencement, 15.10.2001, sec 2 and GG No 156 of 12.10.2001, p 8500.

No 84

Crimes Amendment (Gang and Vehicle Related Offences) Act 2001. Assented to 21.11.2001.

Date of commencement, 14.12.2001, sec 2 and GG No 190 of 14.12.2001, p 9829.

No 99

Crimes Amendment (Sexual Servitude) Act 2001. Assented to 11.12.2001.

Date of commencement, 22.3.2002, sec 2 and GG No 59 of 15.3.2002, p 1605.

No 121

Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.

Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

2002

No 1

Children (Detention Centres) Amendment Act 2002. Assented to 9.4.2002.

Date of commencement, 26.4.2002, sec 2 and GG No 78 of 26.4.2002, p 2432.

No 53

Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002.

Date of commencement of Sch 2.4, assent, sec 2 (2).

No 98

Child Protection Legislation Amendment Act 2002. Assented to 29.11.2002.

Date of commencement of Sch 1, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 758.

2003

No 82

Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003.

Date of commencement of Sch 3, assent, sec 2 (1).

2004

No 11

Crimes Legislation Amendment Act 2004. Assented to 24.3.2004.

Date of commencement, assent, sec 2.

No 46

Child Protection (Offenders Prohibition Orders) Act 2004. Assented to 6.7.2004.

Date of commencement, 1.7.2005, sec 2 and GG No 73 of 17.6.2005, p 2298.

No 85

Child Protection (Offenders Registration) Amendment Act 2004. Assented to 24.11.2004.

Date of commencement, 30.9.2005, sec 2 and GG No 120 of 30.9.2005, p 7671.

No 95

Crimes Amendment (Child Pornography) Act 2004. Assented to 15.12.2004.

Date of commencement of Sch 2.1, 1.1.2005, sec 2 (1) and GG No 200 of 17.12.2004, p 9303.

2005

No 108

Commission for Children and Young People Amendment Act 2005. Assented to 7.12.2005.

Date of commencement of Sch 2, 2.1.2007, sec 2 and GG No 192 of 29.12.2006, p 11959.

2006

No 94

Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006.

Date of commencement of Sch 3.4, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575.

No 107

Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006.

Date of commencement of Sch 1.3, assent, sec 2 (2).

2007

No 13

Child Protection (Offenders Registration) Amendment (Suspended Sentences) Act 2007. Assented to 28.6.2007.

Date of commencement, assent, sec 2.

No 74

Crimes Amendment (Sexual Procurement or Grooming of Children) Act 2007. Assented to 7.12.2007.

Date of commencement, 18.1.2008, sec 2 and GG No 9 of 18.1.2008, p 75.

No 87

Child Protection (Offenders Registration) Amendment Act 2007. Assented to 13.12.2007.

Date of commencement of Sch 1, 20.10.2008, sec 2 (1) and GG No 132 of 17.10.2008, p 9976; date of commencement of Sch 4.1 [1], 6.7.2009, sec 2 (2) and 2009 (313) LW 3.7.2009; date of commencement of Sch 4.1 [2], 6.7.2009, sec 2 (3) and 2009 (313) LW 3.7.2009.

No 94

Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.

The amendment made by Sch 2 was without effect as the provision being amended had been amended by the Child Protection (Offenders Registration) Amendment Act 2007.

2008

No 71

Child Protection (Offenders Registration) Amendment Act 2008. Assented to 28.10.2008.

Date of commencement, assent, sec 2.

No 79

Mental Health Legislation Amendment (Forensic Provisions) Act 2008. Assented to 5.11.2008.

Date of commencement, 1.3.2009, sec 2 and GG No 44 of 27.2.2009, p 1229.

No 105

Crimes Amendment (Sexual Offences) Act 2008. Assented to 8.12.2008.

Date of commencement of Sch 2, 1.1.2009, sec 2 (1) and GG No 158 of 19.12.2008, p 12303.

2009

No 27

Criminal Legislation Amendment Act 2009. Assented to 19.5.2009.

Date of commencement, assent, sec 2.

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 2.4, 17.7.2009, sec 2 (2).

No 93

Child Protection Legislation (Registrable Persons) Amendment Act 2009. Assented to 30.11.2009.

Date of commencement of Sch 1 [1]–[3], 12.3.2010, sec 2 (2) and 2010 (83) LW 12.3.2010; date of commencement of Sch 1 [4]–[12], assent, sec 2 (1).

2010

No 48

Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010. Assented to 28.6.2010.

Date of commencement of Sch 5, 1.10.2010, sec 2 and 2010 (532) LW 17.9.2010.

No 88

Courts and Crimes Legislation Amendment Act 2010. Assented to 1.11.2010.

Date of commencement, assent, sec 2.

No 97

Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010.

Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010.

2011

(161)

Child Protection (Offenders Registration) Amendment Regulation 2011. LW 3.3.2011.

Date of commencement, on publication on LW, cl 2.

No 4

Health Services Amendment (Local Health Districts and Boards) Act 2011. Assented to 16.5.2011.

Date of commencement, 1.7.2011, sec 2 and 2011 (313) LW 1.7.2011.

2012

No 14

Births, Deaths and Marriages Registration Amendment (Change of Name) Act 2012. Assented to 28.3.2012.

Date of commencement, 10.4.2012, sec 2 and 2012 (144) LW 5.4.2012.

2013

No 4

Crimes (Serious Sex Offenders) Amendment Act 2013. Assented to 19.3.2013.

Date of commencement, assent, sec 2.

No 31

Child Protection Legislation Amendment (Children’s Guardian) Act 2013. Assented to 3.6.2013.

Date of commencement, 15.6.2013, sec 2.

No 77

Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Act 2013. Assented to 29.10.2013.

Date of commencement, assent, sec 2.

No 95

Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013.

Date of commencement, 1.1.2014, sec 2.

2014

No 5

Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014.

Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014.

No 31

Law Enforcement (Powers and Responsibilities) Amendment Act 2014. Assented to 24.6.2014.

Date of commencement of Sch 5.1, 1.11.2014, sec 2 and 2014 (697) LW 31.10.2014.

No 54

Child Protection (Offenders Registration) Amendment (Statutory Review) Act 2014. Assented to 23.10.2014.

Date of commencement, assent, sec 2.

(706)

Child Protection (Offenders Registration) Amendment (Scheduled Agencies) Regulation 2014. LW 7.11.2014.

Date of commencement, on publication on LW, cl 2.

2015

(422)

Child Protection (Offenders Registration) Regulation 2015. LW 31.7.2015.

Date of commencement, 1.9.2015, cl 2.

2017

No 53

Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017.

Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018.

No 68

Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017.

Date of commencement of Sch 2.4, 19.1.2018, sec 2 (3) and 2018 (8) LW 19.1.2018.

2018

No 33

Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018.

Date of commencement of Sch 2, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018.

2019

No 20

Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019.

Date of commencement of Sch 1.2, assent, sec 2(1).

No 25

Children’s Guardian Act 2019. Assented to 4.12.2019.

Date of commencement of Sch 5.5, 1.3.2020, sec 2(1).

2020

No 12

Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020.

Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021.

2024

No 62

Child Protection (Offenders Registration) Amendment Act 2024. Assented to 30.9.2024.

Date of commencement, 29.9.2025, sec 2 and 2025 (443) LW 29.8.2025. Amended by Child Protection (Working with Children) and Other Legislation Amendment Act 2025 No 56. Assented to 23.9.2025. Date of commencement of Sch 5, assent, sec 2(b).

2025

(446)

Child Protection (Offenders Registration) Amendment Regulation 2025. LW 29.8.2025.

Date of commencement, 29.9.2025, sec 2 and 2025 (443) LW 29.8.2025.

No 56

Child Protection (Working with Children) and Other Legislation Amendment Act 2025. Assented to 23.9.2025.

Date of commencement of Sch 5, assent, sec 2(b).

Table of amendments

Long title

Am 2004 No 85, Sch 1 [1].

Sec 2A

Ins 2014 No 54, Sch 1 [1].

Sec 2B (previously sec 3)

Renumbered 2024 No 62, Sch 1[3].

Sec 2C (previously sec 3AA)

Renumbered 2024 No 62, Sch 1[4].

Sec 2D

Ins 2024 No 62, Sch 1[5].

Sec 2E

Ins 2024 No 62, Sch 1[5].

Sec 2F

Ins 2024 No 62, Sch 1[5].

Sec 2G

Ins 2024 No 62, Sch 1[5].

Sec 2H

Ins 2024 No 62, Sch 1[5].

Sec 2I

Ins 2024 No 62, Sch 1[5].

Sec 3

Am 2001 No 50, Sch 1 [1]–[8]; 2001 No 84, Sch 2.2; 2001 No 99, Sch 2; 2001 No 121, Sch 2.33 [1]; 2002 No 1, Sch 3.1 [1] [2]; 2002 No 53, Sch 2.4; 2002 No 98, Sch 1 [1]–[3]; 2004 No 11, Sch 1; 2004 No 85, Sch 1 [2]–[14]; 2004 No 95, Sch 2.1; 2006 No 107, Sch 1.3 [1] [2]; 2007 No 13, Sch 1 [1]–[3]; 2007 No 74, Sch 3; 2007 No 87, Sch 1 [1]–[3]; 2008 No 105, Sch 2.1 [1]; 2009 No 56, Sch 2.4; 2010 No 48, Sch 5.1 [1]–[3]; 2010 No 88, Sch 1 [1] [2]; 2014 No 54, Sch 1 [2]–[11]; 2017 No 53, Sch 4.4 [1]–[4]; 2018 No 33, Sch 2 [1]–[4]; 2020 No 12, Sch 3.3[1]–[5]; 2024 No 62, Sch 1[1] [2]. Renumbered as sec 2B, 2024 No 62, Sch 1[3].

Sec 3AA (previously sec 3H)

Renumbered 2018 No 33, Sch 2 [8]. Renumbered as sec 2C, 2024 No 62, Sch 1[4].

Part 2

Ins 2004 No 85, Sch 1 [15].

Sec 3A

Ins 2004 No 85, Sch 1 [15]. Am 2007 No 13, Sch 1 [4]; 2007 No 87, Sch 1 [4] [5]; 2008 No 105, Sch 2.1 [2]; 2014 No 54, Sch 1 [12]–[15]; 2018 No 33, Sch 2 [5]; 2024 No 62, Sch 1[6]–[8].

Sec 3B

Ins 2004 No 85, Sch 1 [15]. Am 2007 No 87, Sch 1 [6]; 2024 No 62, Sch 1[9].

Part 2A, heading

Ins 2007 No 87, Sch 1 [8]. Subst 2024 No 62, Sch 1[11].

Part 2A, Div 1

Ins 2024 No 62, Sch 1[12].

Sec 3C

Ins 2004 No 85, Sch 1 [15]. Subst 2007 No 87, Sch 1 [7]. Rep 2014 No 54, Sch 1 [16]. Ins 2018 No 33, Sch 2 [6]. Rep 2024 No 62, Sch 1[10]. Ins 2024 No 62, Sch 1[12].

Sec 3CA

Ins 2024 No 62, Sch 1[12].

Part 2A, Div 2, heading

Ins 2024 No 62, Sch 1[12].

Sec 3D

Ins 2004 No 85, Sch 1 [15]. Am 2007 No 87, Sch 1 [9] [10]; 2024 No 62, Sch 1[13].

Sec 3E

Ins 2004 No 85, Sch 1 [15]. Subst 2007 No 87, Sch 1 [11]. Am 2007 No 87, Sch 4.1 [1]; 2014 No 54, Sch 1 [17]; 2024 No 62, Sch 1[13].

Sec 3F

Ins 2007 No 87, Sch 1 [11]. Am 2007 No 87, Sch 4.1 [1] [2]; 2014 No 54, Sch 1 [18]; 2024 No 62, Sch 1[13]–[15].

Sec 3G

Ins 2007 No 87, Sch 1 [11]. Am 2009 No 56, Sch 2.4; 2014 No 5, Sch 2.1 [1] [2]; 2020 No 12, Sch 3.3[6] [7]; 2024 No 62, Sch 1[13].

Sec 3H (renumbered as sec 3AA)

Ins 2007 No 87, Sch 1 [11]. Am 2014 No 54, Sch 1 [19]; 2018 No 33, Sch 2 [7]. Renumbered as sec 3AA 2018 No 33, Sch 2 [8]. Ins 2024 No 62, Sch 1[16].

Part 2A, Div 3

Ins 2024 No 62, Sch 1[17].

Sec 3I

Ins 2024 No 62, Sch 1[17].

Sec 3J

Ins 2024 No 62, Sch 1[17] (am 2025 No 56, Sch 5.2[1]–[3]).

Sec 3K

Ins 2024 No 62, Sch 1[17] (am 2025 No 56, Sch 5.2[4]).

Part 2B

Ins 2024 No 62, Sch 1[18].

Sec 3L

Ins 2024 No 62, Sch 1[18].

Sec 3M

Ins 2024 No 62, Sch 1[18].

Sec 3N

Ins 2024 No 62, Sch 1[18].

Part 3, heading (previously Part 2, heading)

Subst 2004 No 85, Sch 1 [16].

Sec 4

Am 2007 No 13, Sch 1 [5]. Rep 2024 No 62, Sch 1[19].

Sec 4A

Ins 2007 No 87, Sch 1 [12]. Rep 2024 No 62, Sch 1[19].

Sec 5

Am 2001 No 50, Sch 1 [9]; 2004 No 85, Sch 1 [17]; 2008 No 79, Sch 3.1; 2010 No 48, Sch 5.1 [4]; 2014 No 54, Sch 1 [20]; 2024 No 62, Sch 1[20].

Sec 6

Am 2001 No 50, Sch 1 [10] [11]; 2004 No 85, Sch 1 [18]–[20]; 2014 No 54, Sch 1 [21]–[23]; 2020 No 12, Sch 3.3[8].

Sec 7

Am 2024 No 62, Sch 1[21].

Sec 7A

Ins 2004 No 85, Sch 1 [21]. Subst 2024 No 62, Sch 1[22].

Sec 7B

Ins 2004 No 85, Sch 1 [21]. Am 2024 No 62, Sch 1[23].

Sec 7C

Ins 2004 No 85, Sch 1 [21].

Part 3, Div 2, heading (previously Part 2, Div 2, heading)

Subst 2004 No 85, Sch 1 [22].

Sec 9

Subst 2004 No 85, Sch 1 [22]. Am 2005 No 108, Sch 2.2; 2007 No 87, Sch 1 [13] [14]; 2009 No 93, Sch 1 [1]; 2013 No 31, Sch 3.2 [1] [2]; 2014 No 54, Sch 1 [24]–[28]. Rep 2024 No 62, Sch 1[24].

Sec 9A

Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [15]; 2014 No 54, Sch 1 [29]; 2024 No 62, Sch 1[25]–[28].

Sec 9B

Ins 2004 No 85, Sch 1 [22]. Am 2009 No 27, Sch 1.1 [1] [2]; 2014 No 54, Sch 1 [30]; 2024 No 62, Sch 1[25] [29] [30].

Sec 9C

Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[31] [32].

Part 3, Div 3, heading

Ins 2004 No 85, Sch 1 [22].

Sec 10

Am 2000 No 93, Sch 1.2. Subst 2004 No 85, Sch 1 [22]; 2024 No 62, Sch 1[33].

Sec 10A

Ins 2024 No 62, Sch 1[33].

Sec 11

Subst 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [16] [17]; 2009 No 93, Sch 1 [2]; 2014 No 54, Sch 1 [31]–[33]. Subst 2024 No 62, Sch 1[33].

Secs 11A, 11B

Ins 2004 No 85, Sch 1 [22].

Sec 11C

Ins 2004 No 85, Sch 1 [22]. Am 2014 No 54, Sch 1 [34].

Sec 11D

Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[34].

Sec 11E

Ins 2004 No 85, Sch 1 [22].

Sec 11F

Ins 2009 No 93, Sch 1 [3]. Am 2024 No 62, Sch 1[35] [36].

Sec 11G

Ins 2024 No 62, Sch 1[37].

Part 3, Div 4, heading

Ins 2004 No 85, Sch 1 [22].

Sec 12

Am 2001 No 50, Sch 1 [12] [13]; 2002 No 98, Sch 1 [4]–[6]. Subst 2004 No 85, Sch 1 [22].

Sec 12A

Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[38].

Sec 12B

Ins 2004 No 85, Sch 1 [22].

Sec 12C

Ins 2004 No 85, Sch 1 [22].

Sec 12D

Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [18]–[22].

Sec 12E

Ins 2004 No 85, Sch 1 [22]. Am 2006 No 94, Sch 3.4 [1].

Secs 12F, 12G

Ins 2004 No 85, Sch 1 [22].

Sec 12H

Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [23].

Sec 12I

Ins 2004 No 85, Sch 1 [22].

Part 3, Div 5, heading

Ins 2004 No 85, Sch 1 [23].

Sec 13

Am 2004 No 85, Sch 1 [24]–[28]; 2024 No 62, Sch 1[39] [40].

Sec 13A

Ins 2004 No 85, Sch 1 [29]. Am 2024 No 62, Sch 1[41].

Part 3, Div 6, heading

Ins 2004 No 85, Sch 1 [30].

Sec 14

Am 2001 No 50, Sch 1 [14] [15]. Subst 2004 No 85, Sch 1 [30].

Sec 14AA

Ins 2024 No 62, Sch 1[42].

Sec 14A

Ins 2004 No 85, Sch 1 [30]. Am 2024 No 62, Sch 1[43]–[45].

Sec 14B

Ins 2004 No 85, Sch 1 [30].

Sec 14C

Ins 2004 No 85, Sch 1 [30].

Sec 14D

Ins 2004 No 85, Sch 1 [30]. Subst 2007 No 87, Sch 1 [24]. Am 2014 No 54, Sch 1 [35].

Part 3, Div 7, heading

Ins 2004 No 85, Sch 1 [31].

Sec 15

Am 2004 No 85, Sch 1 [32]–[34]; 2007 No 87, Sch 1 [25]; 2009 No 93, Sch 1 [4]; 2013 No 4, Sch 2.4; 2014 No 54, Sch 1 [36]; 2017 No 68, Sch 2.4; 2024 No 62, Sch 1[46].

Sec 15A

Ins 2024 No 62, Sch 1[47].

Sec 16

Subst 2004 No 85, Sch 1 [35]. Am 2009 No 93, Sch 1 [5]–[8]; 2013 No 31, Sch 3.2 [3]–[6]; 2013 No 95, Sch 2.22; 2019 No 25, Sch 5.5; 2024 No 62, Sch 1[48] [49].

Sec 16A

Ins 2004 No 85, Sch 1 [35]. Am 2014 No 54, Sch 1 [37]; 2024 No 62, Sch 1[50].

Sec 16B

Ins 2004 No 85, Sch 1 [35].

Part 3, Div 7A

Ins 2013 No 77, Sch 2 [1].

Sec 16C

Ins 2013 No 77, Sch 2 [1]. Am 2014 No 31, Sch 5.1. Subst 2024 No 62, Sch 1[51].

Sec 16D

Ins 2024 No 62, Sch 1[51].

Part 3, Div 8 (previously Part 2, Div 3)

Renumbered 2004 No 85, Sch 1 [36].

Sec 17

Am 2004 No 85, Sch 1 [37]; 2007 No 87, Sch 1 [26]; 2019 No 20, Sch 1.2; 2024 No 62, Sch 1[52].

Sec 18

Am 2007 No 87, Sch 1 [27]; 2024 No 62, Sch 1[53].

Sec 18A

Ins 2004 No 85, Sch 1 [38].

Part 3, Div 9, heading (previously Part 2, Div 4, heading)

Subst 2004 No 85, Sch 1 [39].

Sec 19

Subst 2004 No 85, Sch 1 [39]. Am 2024 No 62, Sch 1[54].

Secs 19A, 19B

Ins 2004 No 85, Sch 1 [39].

Sec 19BA

Ins 2008 No 71, Sch 1 [1]. Am 2009 No 93, Sch 1 [9] [10].

Part 3, Div 10

Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

Sec 19BB

Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

Sec 19BC

Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

Sec 19BD

Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

Part 3A

Ins 2007 No 87, Sch 1 [28].

Sec 19C

Ins 2007 No 87, Sch 1 [28]. Am 2012 No 14, Sch 2.2.

Sec 19D

Ins 2007 No 87, Sch 1 [28]. Rep 2014 No 54, Sch 1 [39].

Sec 19E

Ins 2007 No 87, Sch 1 [28]. Am 2014 No 54, Sch 1 [40] [41].

Sec 19F

Ins 2007 No 87, Sch 1 [28]. Am 2014 No 54, Sch 1 [42] [43].

Secs 19G–19I

Ins 2007 No 87, Sch 1 [28].

Part 4 (previously Part 3)

Renumbered 2004 No 85, Sch 1 [40].

Sec 19J

Ins 2024 No 62, Sch 1[56].

Sec 20A

Ins 2004 No 46, Sch 1.1. Am 2014 No 54, Sch 1 [44] [45]; 2024 No 62, Sch 1[57].

Sec 21

Am 2001 No 121, Sch 2.33 [2]. Subst 2007 No 87, Sch 1 [29]. Am 2014 No 54, Sch 1 [46]; 2025 No 56, Sch 5.1.

Sec 21A

Ins 2002 No 98, Sch 1 [7]. Am 2004 No 85, Sch 1 [41] [42]; 2006 No 94, Sch 3.4 [2].

Secs 21B–21C

Ins 2004 No 85, Sch 1 [43].

Sec 21D

Ins 2004 No 85, Sch 1 [43]. Am 2007 No 87, Sch 1 [30].

Sec 21E

Ins 2007 No 87, Sch 1 [31].

Sec 22

Am 2001 No 50, Sch 1 [16]; 2004 No 85, Sch 1 [44]; 2007 No 87, Sch 1 [32] [33]; 2024 No 62, Sch 1[58].

Sec 23

Rep 2003 No 82, Sch 3. Ins 2024 No 62, Sch 1[59].

Sec 24

Subst 2024 No 62, Sch 1[59].

Sec 25

Rep 2007 No 87, Sch 1 [34]. Ins 2024 No 62, Sch 1[59].

Sec 26

Am 2007 No 87, Sch 1 [35]. Rep 2024 No 62, Sch 1[59].

Sch 1A

Ins 2024 No 62, Sch 1[60].

Sch 1B

Ins 2024 No 62, Sch 1[60].

Sch 1C

Ins 2024 No 62, Sch 1[60].

Sch 1

Rep 2003 No 82, Sch 3. Ins 2008 No 71, Sch 1 [2]. Am 2010 No 97, Sch 2.3; 2011 (161), cl 3; 2011 No 4, Sch 2.4. Subst 2014 No 54, Sch 1 [47]. Am 2015 (422), cl 23; 2025 (446), Sch 2[1]–[3].

Sch 2

Am 2002 No 98, Sch 1 [8] [9]; 2004 No 85, Sch 1 [45]–[48]; 2007 No 13, Sch 1 [6] [7]; 2007 No 87, Sch 1 [36] [37]; 2009 No 27, Sch 1.1 [3]; 2009 No 93, Sch 1 [11] [12]; 2010 No 88, Sch 1 [3] [4]; 2013 No 77, Sch 2 [2] [3]; 2014 No 54, Sch 1 [48]; 2014 (706), cl 3; 2018 No 33, Sch 2 [9]; 2024 No 62, Sch 1[61].

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0