Child Protection (Offenders Registration) Amendment (Corresponding Registrable Persons) Regulation 2015 (NSW)

New South Wales

Child Protection (Offenders Registration) Amendment (Corresponding Registrable Persons) Regulation 2015

under the

Child Protection (Offenders Registration) Act 2000

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Child Protection (Offenders Registration) Act 2000.

TROY GRANT, MP

Minister for Justice and Police

Explanatory note
The object of this Regulation is to prescribe the persons who are reportable offenders under Tasmanian, Victorian or Western Australian legislation dealing with offender registration but who are excluded from being “corresponding registrable persons” within the meaning of Division 10 of Part 3 of the Child Protection (Offenders Registration) Act 2000 of New South Wales, which makes special provision for the reporting obligations of such persons. The Regulation re-instates a provision that was previously made under a transferred provision of that Act.

This Regulation is made under the Child Protection (Offenders Registration) Act 2000, including sections 19BB (Corresponding registrable persons) and 22 (the general regulation-making power).

Child Protection (Offenders Registration) Amendment (Corresponding Registrable Persons) Regulation 2015

under the

Child Protection (Offenders Registration) Act 2000

1      Name of Regulation

This Regulation is the Child Protection (Offenders Registration) Amendment
(Corresponding Registrable Persons) Regulation 2015.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Child Protection (Offenders
Registration) Regulation 2015

Clause 7A

Insert after clause 7:

7A Persons excluded from being corresponding registrable persons

For the purposes of section 19BB (4) of the Act, the following classes of persons are excluded from being corresponding registrable persons for the purposes of the Act:

(a)

any person who is a reportable offender within the meaning of the Community Protection (Offender Reporting) Act 2005 of Tasmania if the reportable offences for which the reportable offender has been sentenced are as follows and but for those offences the person would not be a reportable offender under that Act:

(i)	offences under section 7 of the Sex Industry Offences Act 2005 of Tasmania,
(ii)	offences under section 185 of the Criminal Code of Tasmania,

(iii) offences of attempting, or of conspiracy or incitement, to commit an offence referred to in subparagraph (i) or (ii),

(b)

any person who is a registrable offender within the meaning of the Sex Offenders Registration Act 2004 of Victoria if the registrable offences for which the registrable offender has been sentenced are as follows and but for those offences the person would not be a registrable offender under that Act:

(i)	Class 3 or Class 4 offences within the meaning of the Sex Offenders Registration Act 2004 of Victoria,
(ii)	offences under section 59 of the Crimes Act 1958 of Victoria,

(iii) offences of attempting, or of conspiracy or incitement, to commit an offence referred to in subparagraph (i) or (ii),

(c)

any person who is a reportable offender within the meaning of the Community Protection (Offender Reporting) Act 2004 of Western Australia if the reportable offences for which the reportable offender has been sentenced are as follows and but for those offences the person would not be a reportable offender under that Act:

(i)	Class 3 offences within the meaning of the Community Protection (Offender Reporting) Act 2004 of Western Australia,
(ii)	offences under section 329 (7) or 330 of the The Criminal Code of Western Australia,

(iii) offences of attempting, or of conspiracy or incitement, to commit an offence referred to in subparagraph (i) or (ii).