Australian Capital Territory
Crimes (Child Sex Offenders) Act 2005    
A2005-30
Republication No 19
Effective:  14 September 2013 – 9 December 2013
Republication date: 14 September 2013
Last amendment made by A2013‑12
(republication for expiry of transitional provisions (ch 10))

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Crimes (Child Sex Offenders) Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 September 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 September 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Crimes (Child Sex Offenders) Act 2005

Contents
	Page
Chapter 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	2
	6	Purpose and outline	3
	7	Meaning of finding of guilt	4
Chapter 2	Offenders to whom Act applies
Part 2.1	Who is a registrable offender?
	8	Who is a registrable offender?	7
	9	Registrable offender—exceptions	8
	10	What is a registrable offence?	9
	11	Who is a prescribed corresponding offender?	10
	12	Appeal proceedings irrelevant	10
	13	Effect of quashing of finding of guilt etc	10
Part 2.2	Child sex offender registration orders
	14	What is a child sex offender registration order?	12
	15	Court may make child sex offender registration order	12
	16	Court may only make order if person risk to sexual safety	12
	17	Court may only make order with sentence	13
	18	Court may only make order on prosecution application	13
Chapter 3	Reporting
Part 3.1	Definitions for ch 3
	19	What is a reporting obligation?	14
	20	What is a reporting offence?	14
Part 3.2	When initial report must be made
Division 3.2.1	When registrable offender must make initial report of personal details
	22	Offence—offender in custody at commencement of Act must report	16
	23	Offence—offender must report after sentencing	17
	24	Offence—offender entering ACT must report	18
	25	Offence—prescribed corresponding offender must report	19
	26	Exception—offender’s reporting obligations suspended	21
	27	Exception—protected registrable offender	21
Division 3.2.2	When registrable offender must make new initial report of personal details
	28	Offence—offender later sentenced for registrable offence must report	21
	29	Offence—offender who later becomes prescribed corresponding offender must report	23
	30	Offence—offender whose reporting suspension ceases must report	24
	31	Exception—offender’s reporting obligations suspended	25
	32	Exception—protected registrable offender	26
Division 3.2.3	People required to report under corresponding law
	33	Person entering ACT must make contact	26
	34	Offence—offender entering ACT must make contact	27
	35	Exception—person has already made contact	28
	36	Exception—offender’s reporting obligations suspended	29
Part 3.3	Ongoing reporting
Division 3.3.1	Annual reporting
	37	Offence—offender must report annually	30
	38	Exception—offender in government custody	31
	39	Exception—offender outside ACT	31
	40	Exception—offender’s reporting obligations suspended	32
	41	Exception—protected registrable offender	32
Division 3.3.2	Reporting of travel
	42	Offence—offender leaving ACT must report travel details	32
	43	Defence—impracticable to report 7 days before leaving	34
	44	Offender not to be punished twice for failing to report travel	34
	45	Offence—offender outside ACT must report travel details	34
	46	Offence—offender outside ACT must report change of travel details	35
	47	Offence—offender must report return to ACT	36
	48	Offence—offender must report decision not to leave ACT	37
	49	Offence—offender must report regular travel	38
	50	Application to protected registrable offender	39
	51	Exception—protected registrable offender	39
	52	Exception—offender in government custody	39
	53	Exception—offender’s reporting obligations suspended	39
Division 3.3.3	Other reporting
	54	Offence—offender in ACT must report change of details	40
	55	Offence—offender returning to ACT must report change of details	41
	56	Offence—offender leaving custody must report	43
	57	Exception—offender’s reporting obligations suspended	44
	58	Exception—protected registrable offender	44
Part 3.4	Provisions applying to all reports
Division 3.4.1	What information is to be reported
	59	What are personal details?	45
	60	Meaning of some concepts in s 59	48
	61	Meaning of employment in s 59	49
	62	Application of s 59 to protected registrable offender	50
Division 3.4.2	How report is to be made
	63	How is a report made in an approved way?	50
	64	Where are approved reporting places?	50
	65	Reports by young offenders	50
	66	Reports by offenders with disability	51
	67	Regulation about reports not made in person	52
	68	Police officers who may receive reports	53
	69	Police officer receiving report may arrange interpreter	53
Division 3.4.3	Additional provisions for reports made in person
	70	Offence—offender reporting in person must provide identification etc	53
	71	Offence—person reporting in person for offender must provide identification	54
	72	Identification documents may be copied	55
	73	Right to privacy when reporting in person	55
	74	Right to have support person when reporting in person	55
	75	Offender reporting in person may be fingerprinted to confirm identity	55
	76	Offender to be told why fingerprints needed	56
	77	Offence—offender must allow fingerprinting	56
	78	Offender reporting in person may be photographed	57
	79	Right to privacy when being photographed	58
	80	Right to have support person when being photographed	58
Division 3.4.4	Report to be acknowledged
	81	Receipt of report to be acknowledged	59
Division 3.4.5	Keeping material for certain purposes
	82	Documents, fingerprints, photographs may be kept	59
Part 3.5	Reporting period
	83	When reporting period begins	61
	84	Reporting period—single class 1 offence—15 years	61
	85	Reporting period—single class 2 offence—8 years	61
	86	Reporting period—2 class 2 offences—15 years	61
	87	Reporting period—multiple offences—life	62
	88	Offences committed before commencement of Act used to work out length of reporting period	62
	89	Reduced reporting period for young offenders	62
	90	Offences arising from same incident taken as 1 offence	63
	91	Reporting period for person subject to child sex offender registration order	63
	92	Extended reporting period for offenders on parole	63
	93	Extended reporting period for offender in custody	64
	94	Reporting period for prescribed corresponding offenders	64
Part 3.6	Suspension of reporting obligations
	95	Pt 3.6 only applies to offender with life-long reporting period	65
	96	Eligibility of offender to apply for suspension order	65
	97	Supreme Court may make suspension order	65
	98	Chief police officer is party to application	66
	99	No costs to be awarded for suspension order application	66
	100	Unsuccessful applicant cannot reapply for 5 years	66
	101	Suspension order ceases if offender reoffends	67
	102	Application for new suspension order	67
Part 3.7	Notice of reporting obligations
	103	What is a reporting obligations notice?	69
	104	Reporting obligations notice to be given when person becomes registrable offender	69
	105	Reporting obligations notice may be given at any time	70
	106	Courts to provide sentencing information to chief police officer	70
	107	Chief police officer must tell offender if reporting period changes	71
	108	Supervising authority to tell chief police officer of certain events	71
	109	Procedural defects do not affect offender’s obligations	72
Part 3.8	Protected witnesses
	110	Who is a protected registrable offender?	73
	111	Protected and unprotected registrable offender declarations	73
	112	Review of unprotected registrable offender declaration	74
	113	Chief police officer must tell offender about ACAT review	74
	114	ACAT review of chief police officer’s decision	75
	115	When protected and unprotected registrable offender declarations take effect	75
Part 3.9	Reasonable steps to comply with reporting obligations
	116	How court decides if person took all reasonable steps to comply with reporting obligations	76
Chapter 4	Child sex offenders register
	117	Establishment of child sex offenders register	77
	118	Access to child sex offenders register restricted	78
	119	Access to information about protected witnesses restricted	78
	120	Offence—unauthorised person must not access child sex offenders register	79
	122	Registrable offender may correct child sex offenders register	79
Chapter 5	Registrable offenders prohibited from child-related employment
	123	What is employment?	81
	124	What is child-related employment?	81
	125	When is a person engaged in child-related employment?	83
	126	Offence—offender must not apply for child-related employment	84
	127	Offence—offender must not engage in child-related employment	84
	128	Offence—person in child-related employment must disclose charges	84
	130	Offence—person must disclose charges if applying for child-related employment	85
	132	Offence—employer must keep information secret	85
Chapter 5A	Orders prohibiting offender conduct
Part 5A.1	Preliminary
	132A	Definitions—ch 5A	88
Part 5A.2	Prohibition orders
	132B	Application for prohibition order	90
	132C	CYP director-general’s report	91
	132D	Court may make prohibition order	92
	132E	Matters court must consider before making prohibition order	93
	132F	Conduct that may be prohibited by prohibition order etc	95
	132G	Term of prohibition order	97
Part 5A.3	Interim prohibition orders
	132H	Court may make interim prohibition order	98
	132I	Term of interim prohibition order	99
	132J	Extending interim prohibition order if application for prohibition order adjourned	100
Part 5A.4	Amending or revoking prohibition and interim prohibition orders
	132K	Application to amend or revoke prohibition order or interim prohibition order	101
	132L	Court may amend or revoke prohibition order or interim prohibition order	102
Part 5A.5	Corresponding prohibition orders
	132M	Application for registration of corresponding prohibition order	104
	132N	Registration of corresponding prohibition order—no amendment	104
	132O	Notice of registration of unamended corresponding prohibition order	105
	132P	Registration of corresponding prohibition order—with amendment	106
	132Q	Term of registered corresponding prohibition order	107
	132R	Application to amend or cancel registration of registered corresponding prohibition order	108
	132S	Court may amend or cancel registration of registered corresponding prohibition order	109
Part 5A.6	People with legal disabilities
	132T	Definitions—pt 5A.6	111
	132U	Appointing litigation guardian for person with legal disability	111
	132V	Functions of litigation guardian	112
	132W	Removal of litigation guardian	113
	132X	Representation of parties with legal disability	113
Part 5A.7	Other provisions about orders prohibiting offender conduct
	132Y	Court sets return date	114
	132Z	Service of applications	114
	132ZA	If personal service impractical or impossible	115
	132ZB	Court may issue warrant for person’s arrest	116
	132ZC	Giving copy of order to person not before court	116
	132ZD	Giving copy of order for young person etc	117
	132ZE	Explaining orders if person before court	118
	132ZF	Explaining orders if person not before court	119
	132ZG	Proceedings for orders to be closed to public	120
Part 5A.8	Offences
	132ZH	Offences—prohibition of publication of identity	121
	132ZI	Offence—contravention of prohibition order etc	122
	132ZJ	Offence—contravention of registered corresponding prohibition order	123
	132ZK	Matters relevant to reasonable excuse defence	124
Part 5A.9	Obtaining and disclosing particular information
	132ZL	Meaning of government agency—pt 5A.9	125
	132ZM	Chief police officer may require information about person	125
	132ZN	Chief police officer may give information about order to prescribed entities	126
	132ZO	Chief police officer may give information about order to person with parental responsibility for child at risk	127
	132ZP	Offence—prescribed entities and people with parental responsibility to keep information secret	127
	132ZQ	CYP director-general to be given information about young person	130
	132ZR	Certain material may be kept	130
Part 5A.10	Appeals to Supreme Court
	132ZS	Meaning of appealable decision—pt 5A.10	132
	132ZT	Appeals to Supreme Court	132
	132ZU	Powers of Supreme Court on appeal	133
Chapter 6	Miscellaneous
	133	Approved forms	134
	133A	Offence—secrecy	134
	133B	Offence—failure to tell chief police officer about application to change offender’s name	136
	134	Protection from liability	136
	135	Effect of spent convictions	137
	136	Evidentiary certificates	137
	137	Regulation-making power	138
Schedule 1	Class 1 offences	141
Part 1.1	Offences against ACT legislation	141
Part 1.2	Offences against other legislation	144
Schedule 2	Class 2 offences	146
Part 2.1	Offences against ACT legislation	146
Part 2.2	Offences against other legislation	149
Dictionary		158
Endnotes
	1	About the endnotes	164
	2	Abbreviation key	164
	3	Legislation history	165
	4	Amendment history	168
	5	Earlier republications	177

Australian Capital Territory
Crimes (Child Sex Offenders) Act 2005

An Act about registration and reporting requirements for certain offenders who commit sexual offences against children, and for other purposes

    

Chapter 1	Preliminary
1	Name of Act
This Act is the Crimes (Child Sex Offenders) Act 2005.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘witness protection program—see the Witness Protection Act 1996, dictionary.’ means that the term ‘witness protection program’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6	Purpose and outline
	(1)	The purpose of this Act is to—
	(a)	require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time—
	(i)	to reduce the likelihood that they will reoffend; and
	(ii)	to facilitate the investigation and prosecution of future offences that they may commit; and
	(b)	prevent registrable offenders working in child-related employment; and
	(c)	prohibit registrable offenders from engaging in conduct that poses a risk to the lives or sexual safety of children.
	(2)	In outline, this Act—
	(a)	provides for the establishment of a child sex offenders register; and
	(b)	requires certain offenders who are sentenced for registrable offences to report particular personal details for inclusion in the child sex offenders register; and
	(c)	allows the sentencing court to order young offenders to comply with the reporting obligations of the Act; and
	(d)	requires the offenders to keep their details up to date, to report their details annually and to also report certain travel details; and
	(e)	imposes the reporting obligations for a period of between 4 years and life, depending on the number, severity and timing of the offences committed, and the age of the offender when an offence was committed; and
	(f)	allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and
	(g)	makes it an offence for registrable offenders to work in child‑related employment; and
	(h)	allows the chief police officer to apply to the Magistrates Court for orders prohibiting registrable offenders from engaging in conduct that poses a risk to the lives or sexual safety of children; and
	(i)	authorises the ombudsman to monitor compliance with chapter 4 (Child sex offenders register).
7	Meaning of finding of guilt
	(1)	For this Act, a reference to a finding of guilt (however expressed) in relation to an offence 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 accepting a plea of guilty from the person in relation to the offence;
	(c)	an offence taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence, or an admission (however described) being accepted in relation to the offence under a corresponding provision of a foreign law;
	(d)	an order (however described) being made in relation to the offence under—
	(i)	the Crimes (Sentencing) Act 2005, section 17 (Non‑conviction orders—general); or
Note	An order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).
	(ii)	a provision of a foreign law corresponding to a provision mentioned in subparagraph (i);
	(e)	a finding (however expressed) under the Crimes Act 1900, division 13.3 or the Criminal Code, section 28 (7) of not guilty because of mental impairment, or a finding under a corresponding provision of a foreign law.
	(2)	For this Act, a reference to a finding of guilt (however expressed) in relation to an offence does not include a reference to—
	(a)	a finding of guilt mentioned in subsection (1) (c) if—
	(i)	the offence was taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence‑related order in relation to a principal offence; and
	(ii)	the decision to take the offence into account is subsequently quashed or set aside by a court; or
	(b)	a finding of guilt mentioned in subsection (1) (c) if—
	(i)	an admission (however described) was accepted in relation to the offence under a corresponding provision of a foreign law; and
	(ii)	the decision to accept the admission is subsequently quashed or set aside by a court; or
	(c)	in any other case—a finding of guilt that is subsequently quashed or set aside by a court.
	(3)	For this section, a reference to taking into account an offence includes the taking into account of the offence under the Crimes Act 1900, section 357 (repealed).

Chapter 2	Offenders to whom Act applies
Part 2.1	Who is a registrable offender?
8	Who is a registrable offender?
	(1)	A person is a registrable offender if the person—
	(a)	is sentenced by a court for a registrable offence; or
	(b)	is the subject of a child sex offender registration order; or
	(c)	is a prescribed corresponding offender.
Note 1	Sentence is broadly defined for this Act (see dict, def sentence).
Note 2	This Act applies to people sentenced by a court of a foreign jurisdiction for certain offences against the law of that jurisdiction (see dict, def court and s 10, def registrable offence).
Note 3	This Act applies to certain people who are registrable offenders for corresponding laws of foreign jurisdictions, even though they are not registrable offenders under this Act (see div 3.2.3 (People required to report under corresponding law)).
	(2)	A person is also a registrable offender if—
	(a)	the person has been sentenced by a court for a registrable offence before the commencement of this Act; and
	(b)	the person is—
	(i)	a prescribed corresponding offender; or
	(ii)	a person who, because of a sentence for a registrable offence, was under the supervision of a supervising authority immediately before the commencement of this Act.
	(3)	This section is subject to the following sections:
·	section 9 (Registrable offender—exceptions)
·	section 13 (Effect of quashing of finding of guilt etc).
9	Registrable offender—exceptions
	(1)	A person is not a registrable offender only because—
	(a)	a court has made an order against the person for a class 1 or class 2 offence under—
	(i)	the Crimes (Sentencing) Act 2005, section 17 (Non‑conviction orders—general); or
Note	An order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).
	(ii)	a provision of a foreign law corresponding to a provision mentioned in subparagraph (i); or
	(b)	the person has been sentenced for a single class 2 offence, and the sentence did not include—
	(i)	a term of imprisonment; or
	(ii)	a requirement that the person be under the supervision of a supervising authority or anyone else; or
	(c)	the person, as a young person, has been sentenced for—
	(i)	a single offence mentioned in schedule 2 (Class 2 offences), part 2.1 (Offences against ACT legislation), item 3, 4 or 10; or
	(ii)	a single class 1 or class 2 offence prescribed by regulation.
Note	The offence mentioned in—
·	sch 2, pt 2.1, item 3 is against the Crimes Act 1900, s 61 (1) (act of indecency with young person)
·	sch 2, pt 2.1, item 4 is against the Crimes Act 1900, s 61 (2) (act of indecency with young person)
·	sch 2, pt 2.1, item 10 is against the Crimes Act 1900, s 65 (1) (possessing child pornography).
	(2)	This section does not apply to a person who is a prescribed corresponding offender.
	(3)	In this section:
single offence includes a reference to more than 1 offence of the same kind arising from the same incident.
Note	Offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person (see dict, def same incident).
	(4)	Subsection (1) (a) (i) note and this subsection expire on 3 June 2021.
10	What is a registrable offence?
	(1)	In this Act:
registrable offence means—
	(a)	a class 1 offence; or
	(b)	a class 2 offence; or
	(c)	in relation to a person for whom a child sex offender registration order is made—an offence because of which the order was made.
Note	If a person is found guilty of an offence that is not a class 1 or class 2 offence, the court may make a child sex offender registration order in relation to the person (see s 15).  A child sex offender registration order is an order declaring that the person is a registrable offender for this Act (see s 14).
	(2)	A class 1 offence is an offence mentioned in schedule 1, part 1.1 or part 1.2, column 2, committed in the circumstances (if any) mentioned in column 4 for the offence.
	(3)	A class 2 offence is an offence mentioned in schedule 2, part 2.1 or part 2.2, column 2, committed in the circumstances (if any) mentioned in column 4 for the offence.
11	Who is a prescribed corresponding offender?
A person is a prescribed corresponding offender if the person—
	(a)	had at any time (whether before or after the commencement of this Act) been in a foreign jurisdiction and had, at that time, been required to report to the corresponding registrar of the jurisdiction for a longer period than the person would be required to report under this Act; and
	(b)	would, if the person were currently in the foreign jurisdiction, be required to report to the corresponding registrar of the jurisdiction for a longer period (the recognised foreign reporting period) than the person would be required to report under this Act; and
	(c)	is, under a regulation, a prescribed corresponding offender for this Act.
12	Appeal proceedings irrelevant
For this division, it is irrelevant whether or not a person may begin, or has begun, an appeal for a finding of guilt, sentence or child sex offender registration order.
13	Effect of quashing of finding of guilt etc
	(1)	A person stops being a registrable offender if—
	(a)	the person is a registrable offender because of only a single finding of guilt for a registrable offence and either—
	(i)	the finding of guilt is quashed or set aside by a court; or
	(ii)	the person’s sentence for the offence is reduced or otherwise amended on appeal so that the person would have been a person mentioned in section 9 (1) (b) or (c) had the amended sentence been the original sentence; or
	(b)	the person is a registrable offender only because the person is subject to a child sex offender registration order and the order is quashed or set aside on appeal.
	(2)	However, the person does not stop being a registrable offender under subsection (1) (a) (i) if the court orders that the person be retried for the registrable offence.

Part 2.2	Child sex offender registration orders
14	What is a child sex offender registration order?
A child sex offender registration order, in relation to a person, is—
	(d)	an order declaring that the person is a registrable offender for this Act; or
	(e)	a corresponding child sex offender registration order.
15	Court may make child sex offender registration order
	(1)	If a person is found guilty of an offence that is not a class 1 or class 2 offence, the court sentencing the person for the offence may make a child sex offender registration order in relation to the person.
	(2)	This section is subject to the following sections:
·	section 16 (Court may only make order if person risk to sexual safety)
·	section 17 (Court may only make order with sentence)
·	section 18 (Court may only make order on prosecution application).
16	Court may only make order if person risk to sexual safety
	(1)	The court may make a child sex offender registration order only if, after taking into account anything the court considers appropriate, the court is satisfied that the person poses a risk to the sexual safety of 1 or more people or of the community.
	(2)	For subsection (1), it is not necessary that the court can identify a risk to particular people, or a particular class of people.
17	Court may only make order with sentence
	(1)	The court may make a child sex offender registration order in relation to a person for an offence only if it imposes a sentence on the person for the offence, and must make the child sex offender registration order concurrent with the sentence.
	(2)	In this section:
sentence, for an offence, does not include an order against a young offender under the Crimes (Sentencing) Act 2005, section 13, 17, 18, 19, or 27.
18	Court may only make order on prosecution application
The court may make a child sex offender registration order only if an application for the order is made by the prosecution.

Chapter 3	Reporting
Part 3.1	Definitions for ch 3
19	What is a reporting obligation?
In this Act:
reporting obligation, for a registrable offender, means the offender’s obligation under a reporting offence provision.
20	What is a reporting offence?
In this Act:
reporting offence means an offence against a provision of this chapter (a reporting offence provision).
Note	The following provisions are reporting offence provisions:
·	s 21 (Offence—offender in ACT at commencement of Act must report)
·	s 22 (Offence—offender in custody at commencement of Act must report)
·	s 23 (Offence—offender must report after sentencing)
·	s 24 (Offence—offender entering ACT must report)
·	s 25 (Offence—prescribed corresponding offender must report)
·	s 28 (Offence—offender later sentenced for registrable offence must report)
·	s 29 (Offence—offender who later becomes prescribed corresponding offender must report)
·	s 30 (Offence—offender whose reporting suspension ceases must report)
·	s 34 (Offence—offender entering ACT must make contact)
·	s 37 (Offence—offender must report annually)
·	s 42 (Offence—offender leaving ACT must report travel details)
·	s 45 (Offence—offender outside ACT must report travel details)
·	s 46 (Offence—offender outside ACT must report change of travel details)
·	s 47 (Offence—offender must report return to ACT)
·	s 48 (Offence—offender must report decision not to leave ACT)
·	s 49 (Offence—offender must report regular travel)
·	s 54 (Offence—offender in ACT must report change of details)
·	s 55 (Offence—offender returning to ACT must report change of details)
·	s 56 (Offence—offender leaving custody must report)
·	s 70 (Offence—offender reporting in person must provide identification etc)
·	s 71 (Offence—person reporting in person for offender must provide identification).

Part 3.2	When initial report must be made
Division 3.2.1	When registrable offender must make initial report of personal details
22	Offence—offender in custody at commencement of Act must report
A registrable offender commits an offence if—
	(a)	the offender is in government custody immediately before the commencement of this Act; and
	(b)	the offender later stops being in government custody in the ACT; and
	(c)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(ii)	if the offender leaves the ACT (other than in government custody) within the 7 days—before leaving the ACT; and
	(d)	the offender’s reporting period has not ended before the end of the 7 days.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
23	Offence—offender must report after sentencing
A registrable offender commits an offence if—
	(a)	the offender is sentenced in the ACT for a registrable offence; and
	(b)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	if the offender is not in, or does not begin, full-time government custody on the day the offender is sentenced for the registrable offence—within 7 days after the day the offender is sentenced for the registrable offence (excluding days in government custody); or
	(ii)	if the offender is in, or begins, full-time government custody on the day the offender is sentenced for the registrable offence and later stops being in full-time government custody in the ACT—within 7 days after the day the offender stops being in full-time government custody (excluding days in government custody); or
	(iii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and
	(c)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
24	Offence—offender entering ACT must report
A registrable offender commits an offence if—
	(a)	the offender enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody); and
	(b)	the offender has not previously reported the offender’s personal details to the chief police officer; and
	(c)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	if the offender is not in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or
	(ii)	if the offender is in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(iii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and
	(d)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
25	Offence—prescribed corresponding offender must report
A prescribed corresponding offender commits an offence if—
	(a)	the offender is in the ACT on the day the offender becomes a prescribed corresponding offender; and
	(b)	the offender has not previously reported the offender’s personal details to the chief police officer; and
	(c)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	if the offender is not in government custody on the day the offender becomes a prescribed corresponding offender—within 7 days after the day the offender becomes a prescribed corresponding offender (excluding days in government custody); or
	(ii)	if the offender is in government custody on the day the offender becomes a prescribed corresponding offender and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(iii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and
	(d)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
26	Exception—offender’s reporting obligations suspended
This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).
27	Exception—protected registrable offender
This division does not apply to a registrable offender if—
	(a)	the offender is a protected registrable offender; and
	(b)	the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and
	(c)	the offender makes the report when, where, and in a way, approved by the chief police officer.
Division 3.2.2	When registrable offender must make new initial report of personal details
28	Offence—offender later sentenced for registrable offence must report
A registrable offender commits an offence if—
	(a)	the offender’s reporting period has ended; and
	(b)	the offender is later sentenced in the ACT for a registrable offence (the later registrable offence); and
	(c)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	if the offender is not in government custody on the day the offender is sentenced for the later registrable offence—within 7 days after the day the offender is sentenced for the later registrable offence (excluding days in government custody); or
	(ii)	if the offender is in government custody on the day the offender is sentenced for the later registrable offence and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(iii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and
	(d)	the offender’s reporting period in relation to the later registrable offence has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
29	Offence—offender who later becomes prescribed corresponding offender must report
A registrable offender commits an offence if—
	(a)	the offender’s reporting period has ended; and
	(b)	the offender is in the ACT on the day the offender later becomes a prescribed corresponding offender; and
	(c)	the offender has not previously reported the offender’s personal details to the chief police officer; and
	(d)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	if the offender is not in government custody on the day the offender later becomes a prescribed corresponding offender—within 7 days after the day the offender later becomes a prescribed corresponding offender (excluding days in government custody); or
	(ii)	if the offender is in government custody on the day the offender later becomes a prescribed corresponding offender and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(iii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and
	(e)	the offender’s reporting period for the later offence has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
30	Offence—offender whose reporting suspension ceases must report
A registrable offender commits an offence if—
	(a)	the offender’s reporting obligations are suspended by a suspension order, or an equivalent order under a corresponding law; and
	(b)	the offender is in the ACT on the day the suspension order ceases to have effect under section 101 (Suspension order ceases if offender reoffends) or an equivalent provision of a corresponding law; and
	(c)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	if the offender is not in government custody on the day the suspension order ceases to have effect—within 7 days after the day the suspension order ceases to have effect (excluding days in government custody); or
	(ii)	if the offender is in government custody on the day the suspension order ceases to have effect and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(iii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and
	(d)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
31	Exception—offender’s reporting obligations suspended
This division, other than section 30, does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).
32	Exception—protected registrable offender
This division does not apply to a registrable offender if—
	(a)	the offender is a protected registrable offender; and
	(b)	the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and
	(c)	the offender makes the report when, where, and in a way, approved by the chief police officer.
Division 3.2.3	People required to report under corresponding law
33	Person entering ACT must make contact
	(1)	This section applies to a person (other than a protected registrable offender) if the person has, at any time, been required to report to a corresponding registrar.
	(2)	If the person enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody), the person must take all reasonable steps to contact (by telephone or another way prescribed by regulation) someone (a contact person) prescribed by regulation for this division—
	(a)	if the person is not in government custody on the day the person has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or
	(b)	if the person is in government custody on the day the person has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(c)	if the person leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT.
	(3)	If the person contacts a contact person, the contact person must tell the person—
	(a)	whether the person is a registrable offender for this Act; and
	(b)	if the person is a registrable offender—what the person’s reporting obligations are under this Act.
34	Offence—offender entering ACT must make contact
A registrable offender (other than a protected registrable offender) commits an offence if—
	(a)	the offender has, at any time, been required to report under this Act or a corresponding law; and
	(b)	the offender enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody); and
	(c)	the offender does not take all reasonable steps to either—
	(i)	contact a contact person (by telephone or another way prescribed by regulation); or
	(ii)	report the offender’s personal details, in person, to the chief police officer at an approved reporting place; and
	(d)	the offender does not take all reasonable steps to make the contact or report—
	(i)	if the offender is not in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or
	(ii)	if the offender is in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
	(iii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and
	(e)	the offender’s reporting period has not ended before the end of the period within which the contact or report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
35	Exception—person has already made contact
This division does not apply to a person who enters the ACT, and remains in the ACT, if the person has previously contacted (by telephone or another way prescribed by regulation) a contact person in relation to that entry into the ACT.
36	Exception—offender’s reporting obligations suspended
Section 34 does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).

Part 3.3	Ongoing reporting
Division 3.3.1	Annual reporting
37	Offence—offender must report annually
	(1)	A registrable offender commits an offence if—
	(a)	the offender does not take all reasonable steps to—
	(i)	report, each year, the offender’s personal details, in person, to the chief police officer at an approved reporting place; and
	(ii)	if the offender has been in government custody since the offender last reported under this Act—also report to the chief police officer details of when and where the custody happened; and
	(b)	the offender does not take all reasonable steps to make a report for a year before the end of the month (the offender’s reporting month) in the year when the anniversary of the day the offender first reported under this Act or a corresponding law falls; and
	(c)	the offender’s reporting period has not ended before the end of the offender’s reporting month in the year.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Example
J first reported his personal details to the chief police officer on 14 October 2005.  This section requires J to make a further report of J’s details on or before 31 October 2006, 31 October 2007 (and so on).
Note 1	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Note 2	For the offender’s personal details, see s 59.
Note 3	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 4	For approved reporting places, see s 64.
Note 5	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
	(2)	For subsection (1) (c), if a registrable offender’s reporting period has ended, but the offender is then required to report again under division 3.2.2 (When registrable offender must make new initial report of personal details), the day when the offender first reported is taken to be the day when the offender first reported for the current reporting period.
38	Exception—offender in government custody
This division does not apply to a registrable offender in relation to a year if the offender is in government custody at the end of the offender’s reporting month in that year.
Example
J first reported his personal details to the chief police officer on 14 October 2005.  However, J is in government custody from 1 October 2006 to 1 November 2006.  Because of this section, J does not have to report his details on or before 31 October 2006.  However, when J leaves custody, he will have to report any change to his personal details (see s 56).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
39	Exception—offender outside ACT
This division does not apply to a registrable offender in relation to a year if the offender is outside the ACT for the last 7 days of the offender’s reporting month in that year.
Example
J first reported his personal details to the chief police officer on 14 October 2005.  However, J is out of the ACT from 1 October 2006 to 1 November 2006.  Because of this section, J does not have to report his details on or before 31 October 2006.  However, J must report his intention to travel outside the ACT (see s 42) and, when J returns to the ACT for 7 days, he will have to report any change to his personal details (see s 55).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
40	Exception—offender’s reporting obligations suspended
This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).
41	Exception—protected registrable offender
This division does not apply to a registrable offender if—
	(a)	the offender is a protected registrable offender; and
	(b)	the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and
	(c)	the offender makes the report when, where, and in a way, approved by the chief police officer.
Division 3.3.2	Reporting of travel
42	Offence—offender leaving ACT must report travel details
A registrable offender commits an offence if—
	(a)	the offender leaves the ACT; and
	(b)	the offender intends to travel—
	(i)	outside the ACT but within Australia for 7 or more consecutive days; or
	(ii)	outside Australia; and
	(c)	the offender does not take all reasonable steps to report the following details (the travel details), in person, to the chief police officer at least 7 days before leaving:
	(i)	each State, Territory or foreign country where the offender intends to go while outside the ACT;
	(ii)	the approximate dates when the offender intends to be in each State, Territory or foreign country;
	(iii)	each address or location in each State Territory or foreign country where the offender intends to live (to the extent that they are known) and the approximate dates when the offender intends to live at the addresses or locations;
	(iv)	if the offender intends to return to the ACT—the approximate date when the offender intends to return;
	(v)	if the offender does not intend to return to the ACT—a statement of that intention; and
	(d)	the offender’s reporting period has not ended before the offender leaves the ACT.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 2	For approved ways of reporting, see s 63.
Note 3	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
43	Defence—impracticable to report 7 days before leaving
It is a defence to a prosecution of a registrable offender for an offence against section 42 if—
	(a)	circumstances make it impracticable for the registrable offender to make the report at least 7 days before leaving the ACT; and
	(b)	the offender makes the report at least 24 hours before leaving the ACT.
44	Offender not to be punished twice for failing to report travel
A registrable offender is not liable to be punished for an offence against section 42 in relation to travel if, in relation to the travel, the offender has been punished for failing to report the offender’s presence in a foreign jurisdiction as required under a corresponding law.
45	Offence—offender outside ACT must report travel details
	(1)	A registrable offender commits an offence if—
	(a)	the offender is outside the ACT; and
	(b)	the offender decides to stay outside the ACT but within Australia for 7 or more days; and
	(c)	the offender does not take all reasonable steps to report the offender’s travel details (including details about the travel that has already been completed) to the chief police officer, in a way required under subsection (2), within 7 days after the day the decision is made; and
	(d)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
	(2)	The registrable offender must make the report in 1 of the following ways:
	(a)	by sending it by prepaid post, addressed as required by regulation;
	(b)	by faxing it to a fax number prescribed by regulation;
	(c)	by emailing to an email address prescribed by regulation;
	(d)	in another way prescribed by regulation.
	(3)	In this section:
travel details, for travel by a registrable offender—see section 42 (c).
46	Offence—offender outside ACT must report change of travel details
	(1)	A registrable offender commits an offence if—
	(a)	the offender is outside the ACT; and
	(b)	the offender decides to change any of the travel details given to the chief police officer; and
	(c)	the offender does not take all reasonable steps to report the changed travel details to the chief police officer, in a way required under subsection (2), within 7 days after the day the decision is made; and
	(d)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
	(2)	The registrable offender must make the report in 1 of the following ways:
	(a)	by sending it by prepaid post, addressed as required by regulation;
	(b)	by faxing it to a fax number prescribed by regulation;
	(c)	by emailing to an email address prescribed by regulation;
	(d)	in another way prescribed by regulation.
	(3)	In this section:
travel details, for travel by a registrable offender—see section 42 (c).
47	Offence—offender must report return to ACT
A registrable offender commits an offence if—
	(a)	the offender reported the offender’s travel details under section 42 (Offence—offender leaving ACT must report travel details); and
	(b)	the offender leaves the ACT; and
	(c)	the offender returns to the ACT, and remains in the ACT for 7 consecutive days (excluding days in government custody); and
	(d)	the offender does not, within the 7 days, take all reasonable steps to—
	(i)	report the offender’s return to the ACT to the chief police officer, in an approved way; and
	(ii)	if the offender travelled outside Australia—give the chief police officer a copy of the offender’s passport and documents that verify or support the offender’s travel details; and
Examples—documents
1	an airline ticket
2	a receipt for payment of accommodation
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(e)	the offender’s reporting period has not ended before the end of the 7 days.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For approved ways of reporting, see s 63.  Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).
Note 2	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
48	Offence—offender must report decision not to leave ACT
A registrable offender commits an offence if—
	(a)	the offender reported the offender’s travel details under section 42 (Offence—offender leaving ACT must report travel details) in relation to a proposed departure from the ACT; and
	(b)	the offender later decides not to leave the ACT; and
	(c)	the offender does not take all reasonable steps to report the change of decision to the chief police officer, in an approved way, within 7 days after the day the offender decides not to leave; and
	(d)	the offender’s reporting period has not ended before the end of the 7 days.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For approved ways of reporting, see s 63.  Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).
Note 2	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
49	Offence—offender must report regular travel
A registrable offender commits an offence if—
	(a)	the offender is required to make a report under a reporting offence provision; and
	(b)	the offender when making the report, intends to travel outside the ACT, but within Australia, on an average of at least once a month (irrespective of the length of the absence); and
	(c)	the offender does not take all reasonable steps to report the frequency and destinations of the travel, in general terms, to the chief police officer in an approved way.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	Reporting offence provision is defined in s 20.
Note 2	For approved ways of reporting, see s 63.  Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
50	Application to protected registrable offender
This division applies to a protected registrable offender as if a reference to the ACT were a reference to the jurisdiction where the protected registrable offender generally lives.
51	Exception—protected registrable offender
This division does not apply to a registrable offender if—
	(a)	the offender is a protected registrable offender; and
	(b)	the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and
	(c)	the offender makes the report when, where, and in a way, approved by the chief police officer.
52	Exception—offender in government custody
This division does not apply to a registrable offender in relation to a report if the offender is in government custody when the report is required to be made.
53	Exception—offender’s reporting obligations suspended
This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).
Division 3.3.3	Other reporting
54	Offence—offender in ACT must report change of details
	(1)	A registrable offender commits an offence if—
	(a)	any of the offender’s personal details change while the offender is in the ACT; and
	(b)	the offender does not take all reasonable steps to report the change to the chief police officer, in the way required under subsection (2)—
	(i)	for personal details mentioned in section 59 (1) (e)—within 24 hours after the day the change happens (excluding days in government custody); or
	(ii)	for any other personal details—within 7 days after the day the change happens (excluding days in government custody); and
	(c)	the offender’s reporting period has not ended before the end of the 7 days.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
	(2)	The registrable offender must report the change—
	(a)	in person, at an approved reporting place, if the report is about a change in relation to—
	(i)	the address of any of the premises where the offender generally lives or, if the offender does not generally live at a particular premises, the name of any of the localities where the offender can generally be found; or
	(ii)	details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed); or
	(b)	for any other change—in an approved way.
Note 1	The personal details in s (2) (a) (i) and (ii) are required under s 59 (1) (d) and (i).
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	For approved ways of reporting, see s 63.
	(3)	A change happens in the following personal details only at the end of the relevant 7 days or 3 days mentioned in section 60:
	(a)	the premises where the offender generally lives;
	(b)	the household in which the offender and a child generally live;
	(c)	when the offender has unsupervised contact with a child;
	(d)	the premises where the offender is generally employed;
	(e)	the motor vehicle that the offender generally drives.
	(4)	The Legislation Act, section 151A (Periods of time ending on non‑working days) does not apply to subsection (1) (b) (i).
55	Offence—offender returning to ACT must report change of details
	(1)	A registrable offender commits an offence if—
	(a)	any of the offender’s personal details change while the offender is outside the ACT; and
	(b)	the offender enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody); and
	(c)	the offender does not take all reasonable steps to report the change to the chief police officer, in the way required under subsection (2)—
	(i)	for personal details mentioned in section 59 (1) (e)—within 24 hours after the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody); or
	(ii)	for any other personal details—within 7 days after the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody); and
	(d)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
	(2)	The registrable offender must report the change—
	(a)	in person, at an approved reporting place, if the report is about a change in relation to—
	(i)	the address of any of the premises where the offender generally lives or, if the offender does not generally live at a particular premises, the name of any of the localities where the offender can generally be found; or
	(ii)	details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed); or
	(b)	for any other change—in an approved way.
Note 1	The personal details in s (2) (a) (i) and (ii) are required under s 59 (1) (d) and (i).
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	For approved ways of reporting, see s 63.
56	Offence—offender leaving custody must report
	(1)	A registrable offender commits an offence if—
	(a)	the offender is in government custody for 7 or more consecutive days; and
	(b)	the offender leaves government custody in the ACT; and
	(c)	the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—
	(i)	within 7 days after the day the offender stops being in government custody in the ACT (excluding days in government custody); or
	(ii)	if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i)—before leaving the ACT; and
	(d)	the offender’s reporting period has not ended before the end of the period within which the report must be given.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	For the offender’s personal details, see s 59.
Note 2	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).
Note 3	For approved reporting places, see s 64.
Note 4	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
57	Exception—offender’s reporting obligations suspended
This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).
58	Exception—protected registrable offender
	(1)	Section 54 and section 56 do not apply to a registrable offender if—
	(a)	the offender is a protected registrable offender; and
	(b)	the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and
	(c)	the offender makes the report when, where, and in a way, approved by the chief police officer.
	(2)	Section 55 does not apply to a registrable offender if the offender is a protected registrable offender.

Part 3.4	Provisions applying to all reports
Division 3.4.1	What information is to be reported
59	What are personal details?
	(1)	In this Act:
personal details, for a registrable offender, means the following:
	(a)	the offender’s name, together with any other name by which the offender is, or has previously been, known;
	(b)	for each name other than the offender’s current name—the period when the offender was known by the other name;
	(c)	the offender’s date of birth;
	(d)	the address of each of the premises where the offender generally lives or, if the offender does not generally live at any particular premises, the name of each of the localities where the offender can generally be found;
Note	A registrable offender generally lives at particular premises only if the offender lives at the premises for at least 7 days (whether or not consecutive) in a period of 12 months (see s 60 (a)).
	(e)	the names and ages of children—
	(i)	who generally live in the same household as the offender; or
	(ii)	with whom the offender has regular unsupervised contact;
Note 1	A child generally lives in the same household as a registrable offender only if they live together in the household for at least 3 days (whether or not consecutive) in a period of 12 months (see s 60 (b)).
Note 2	A registrable offender has regular unsupervised contact with a child only if the offender has unsupervised contact with the child for at least 3 days (whether or not consecutive) in a period of 12 months (see s 60 (c)).
	(f)	if the offender is employed—
	(i)	the nature of the offender’s employment; and
	(ii)	the name of the offender’s employer (if any); and
	(iii)	the address of each of the premises where the offender is generally employed or, if the offender is not generally employed at any particular premises, the name of each of the localities where the offender is generally employed;
Note	A registrable offender is generally employed at particular premises only if the offender is employed at the premises for at least 7 days (whether or not consecutive) in a period of 12 months (see s 60 (d)). Employment is also dealt with in s 61.
	(g)	details of the offender’s affiliation with any club or organisation that has child membership or child participation in its activities;
	(h)	the make, model, colour, registration number, and any other particulars prescribed by regulation, of a motor vehicle owned by, or generally driven by, the offender;
Note	A registrable offender generally drives a particular motor vehicle only if the offender drives the vehicle on at least 7 days (whether or not consecutive) in a period of 12 months (see s 60 (e)).
	(i)	details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed);
	(j)	if the offender has ever been found guilty of a corresponding registrable offence—details of—
	(i)	the offence; and
	(ii)	when and where the finding of guilt happened; and
	(iii)	any order made by a court in relation to the finding of guilt;
	(k)	if the offender has ever been found guilty under a corresponding law of an offence that required the offender to report to a corresponding registrar—details of—
	(i)	the offence; and
	(ii)	when and where the finding of guilt happened; and
	(iii)	any order made by a court in relation to the finding of guilt;
	(l)	if the offender has ever been subject to a corresponding child sex offender registration order—details of—
	(i)	the order; and
	(ii)	when and where the order was made; and
	(iii)	the offence because of which the order was made;
	(m)	if the offender has been in government custody since the offender was sentenced or released from government custody (as the case may be) for a registrable offence or corresponding registrable offence—details of when and where the government custody happened;
	(n)	if, when making the report, the offender intends to travel outside the ACT, but within Australia, on an average of at least once a month (irrespective of the length of the absence)—in general terms, the frequency and destinations of the travel;
	(o)	if the offender has ever been subject to a corresponding prohibition order—details of—
	(i)	the order; and
	(ii)	when and where the order was made;
	(p)	details of any carriage service used by the offender; 
	(q)	details of any internet service provider or carriage service provider used by the offender; 
	(r)	details of the kind of any internet connection used by the offender;
Examples
wireless, broadband, ADSL or dial-up connection
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(s)	details of any email addresses, internet user names, instant messaging user names, chat room user names or any other user name or identity used by the offender through the internet or another electronic communication service;
	(t)	the passport number and country of issue of each passport held by the offender.
	(2)	In this section:
carriage service—see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions).
carriage service provider—see the Telecommunications Act 1997 (Cwlth), section 87 (Carriage service providers).
corresponding prohibition order means an order made under a law of a foreign jurisdiction that substantially corresponds to a prohibition order or interim prohibition order.
internet service provider—see the Broadcasting Services Act 1992 (Cwlth), schedule 5, part 2, clause 8 (Internet service providers).
60	Meaning of some concepts in s 59
For section 59—
	(a)	a registrable offender generally lives at particular premises only if the offender lives at the premises for at least 7 days (whether or not consecutive) in a period of 12 months; and
	(b)	a child generally lives in the same household as a registrable offender only if they live together in the household for at least 3 days (whether or not consecutive) in a period of 12 months; and
	(c)	a registrable offender has regular unsupervised contact with a child only if the offender has unsupervised contact with the child for at least 3 days (whether or not consecutive) in a period of 12 months; and
	(d)	a registrable offender is generally employed at particular premises only if the offender is employed at the premises for at least 7 days (whether or not consecutive) in a period of 12 months; and
	(e)	a registrable offender generally drives a particular motor vehicle only if the offender drives the vehicle on at least 7 days (whether or not consecutive) in a period of 12 months.
61	Meaning of employment in s 59
	(1)	For section 59, a registrable offender is employed if the offender—
	(a)	carries out work under a contract of employment; or
	(b)	carries out work as a self-employed person or as a subcontractor; or
	(c)	carries out work as a volunteer for an organisation; or
	(d)	undertakes practical training as part of an educational or vocational course; or
	(e)	carries out work as a minister of religion or in another capacity for a religious organisation.
	(2)	For section 59, a person is an employer if the person—
	(a)	arranges, in the course of business, for the registrable offender to be employed by someone else; or
	(b)	engages the offender under contract to carry out work.
62	Application of s 59 to protected registrable offender
Section 59 applies to a protected registrable offender as if a reference to the ACT were a reference to the jurisdiction where the offender generally lives.
Division 3.4.2	How report is to be made
63	How is a report made in an approved way?
For this Act, a registrable offender makes a report in an approved way if the offender makes the report—
	(a)	in person; or
	(b)	in another way prescribed by regulation.
Note	A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person).
64	Where are approved reporting places?
In this Act:
approved reporting place, for a registrable offender, means—
	(a)	if a direction is given to the offender under a regulation about a police station where the report is to be made—at the police station directed; or
	(b)	at another place prescribed by regulation.
65	Reports by young offenders
	(1)	A registrable offender is taken to have made a report in person if—
	(a)	the offender is a young person; and
	(b)	1 of the following people makes the report, in person, for the offender:
	(i)	a person with parental responsibility for the offender; or
	(ii)	if a person with parental responsibility for the offender is unavailable, or is unacceptable to the offender—someone else (other than a police officer) who can represent the interests of the offender and who is, as far as is practicable in the circumstances, acceptable to the offender; and
	(c)	the offender accompanies the person when the person makes the report.
	(2)	A registrable offender is taken to have made a report in another way if—
	(a)	the offender is a young person; and
	(b)	1 of the following people makes the report in that way for the offender:
	(i)	a person with parental responsibility for the offender; or
	(ii)	if a person with parental responsibility for the offender is unavailable, or is unacceptable to the—someone else (other than a police officer) who can represent the interests of the offender and who is, as far as is practicable in the circumstances, acceptable to the offender.
66	Reports by offenders with disability
	(1)	A registrable offender is taken to have made a report in person if—
	(a)	the offender has a disability that makes it impracticable for the offender to make a report in person; and
	(b)	1 of the following people makes the report, in person, for the offender:
	(i)	the offender’s parent or guardian;
	(ii)	the offender’s carer;
	(iii)	someone else nominated by the offender; and
	(c)	the offender accompanies the person when the person makes the report (unless the offender’s disability makes it impracticable).
	(2)	A registrable offender is taken to have made a report in another way if—
	(a)	the registrable offender has a disability that makes it impracticable for the offender to make a report in that way; and
	(b)	1 of the following people makes the report in that way for the offender:
	(i)	the offender’s parent or guardian;
	(ii)	the offender’s carer;
	(iii)	someone else nominated by the offender.
67	Regulation about reports not made in person
For a report made otherwise than in person, a regulation may prescribe—
	(a)	when information about the identity of the person making the report is required; and
	(b)	when a document verifying or supporting details in the report is required; and
	(c)	how the information mentioned in paragraph (a) or a document mentioned in paragraph (b) is to be provided.
68	Police officers who may receive reports
Only a police officer approved for the purpose by the chief police officer may receive a report made under this chapter.
69	Police officer receiving report may arrange interpreter
	(1)	A police officer receiving a report under this chapter may arrange for an interpreter to be available.
	(2)	A police officer receiving the report may allow an interpreter to be present only if the interpreter has signed an undertaking not to disclose information derived from the report unless required or authorised by law.
Division 3.4.3	Additional provisions for reports made in person
70	Offence—offender reporting in person must provide identification etc
A registrable offender commits an offence if—
	(a)	the offender is required to make a report in person under a reporting offence provision; and
	(b)	the offender makes the report in person, or accompanies someone else who makes the report in person for the offender; and
	(c)	the offender or other person does not take all reasonable steps to—
	(i)	present for inspection the offender’s Australian driver licence (if any) or another form of identification, or other document, prescribed by regulation to verify or support details in the report; and
	(ii)	provide a photograph of the offender’s head and face of a kind suitable for use in an Australian passport.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
71	Offence—person reporting in person for offender must provide identification
A person commits an offence if—
	(a)	an offender is required to make a report in person under a reporting offence provision; and
	(b)	the person makes the report, in person, for the offender; and
	(c)	the person does not take all reasonable steps to present for inspection the person’s Australian driver licence (if any) or another form of identification, or other document, prescribed by regulation for this section.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
Note 1	A person may make a report for an offender if the offender is a young person or has a disability that makes it impracticable for the offender to make a report in person (see s 65 and s 66).
Note 2	In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).
72	Identification documents may be copied
A police officer receiving a report under this chapter may copy a document presented to the police officer for inspection under section 70 or section 71.
73	Right to privacy when reporting in person
A person making a report under this chapter in person is entitled to make the report outside the hearing of members of the public.
74	Right to have support person when reporting in person
	(1)	A person making a report under this chapter in person is entitled to be accompanied by a support person of the person’s own choosing.
	(2)	A young person making a report under this chapter in person must be accompanied by—
	(a)	a person with parental responsibility for the young person; or
	(b)	if a person with parental responsibility for the young person is unavailable, or is unacceptable to the young person—someone else (other than a police officer) who can represent the interests of the young person and who is, as far as is practicable in the circumstances, acceptable to the young person.
75	Offender reporting in person may be fingerprinted to confirm identity
	(1)	A police officer receiving a report made in person under this chapter may take, or may authorise someone else to take, the fingerprints of the registrable offender if the police officer—
	(a)	has examined all the material relating to identity provided or presented by, or for, the offender; but
	(b)	is not satisfied on reasonable grounds about the identity of the offender.
	(2)	A young person’s fingerprints may only be taken in the presence of—
	(a)	a person with parental responsibility for the young person; or
	(b)	if a person with parental responsibility for the young person is unavailable, or is unacceptable to the young person—someone else (other than a police officer) who can represent the interests of the young person and who is, as far as is practicable in the circumstances, acceptable to the young person.
	(3)	To remove any doubt, subsection (2) does not limit the people who may be present.
	(4)	This section does not apply to a young person who is under 16 years old.
76	Offender to be told why fingerprints needed
Before a registrable offender’s fingerprints are taken under section 75, the police officer must tell the offender, in language likely to be understood by the offender—
	(a)	why the fingerprints are to be taken and why the police officer is not satisfied about the offender’s identity; and
	(b)	that it is an offence for the offender to fail to take all reasonable steps to allow the offender’s fingerprints to be taken; and
	(c)	that the fingerprints will be kept by the chief police officer.
77	Offence—offender must allow fingerprinting
A registrable offender commits an offence if—
	(a)	a police officer receiving a report decides, under section 75, to take, or authorise someone else to take, the fingerprints of the offender; and
	(b)	the offender fails to take all reasonable steps to allow the offender’s fingerprints to be taken.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
78	Offender reporting in person may be photographed
	(1)	A police officer receiving a report made in person by or for a registrable offender under this chapter may, with the offender’s consent, arrange for the offender to be photographed.
	(2)	If the offender consents to being photographed, the police officer must ask the offender to sign a written acknowledgment (an acknowledgment of consent) stating—
	(a)	that the offender was told that consent may be refused; and
	(b)	that the offender consented to being photographed; and
	(c)	the time and date when consent was given.
	(3)	If the offender signs an acknowledgment of consent, the police officer must immediately give a copy to the offender.
	(4)	A court must find that the offender did not consent to being photographed if—
	(a)	the question of whether the offender consented to being photographed arises in a proceeding in the court; and
	(b)	an acknowledgment of consent for the photography is not produced in evidence; and
	(c)	it is not proved that the offender consented to being photographed.
	(5)	A police officer cannot, under this section, ask a registrable offender who is to be photographed to expose for that purpose—
	(a)	the offender’s genitals; or
	(b)	the anal area of the offender’s buttocks; or
	(c)	if the offender is female, or a transgender or intersex person who identifies as female—the offender’s breasts.
Note	Transgender person is defined in the Legislation Act, s 169A.
Intersex person is defined in the Legislation Act, s 169B.
79	Right to privacy when being photographed
	(1)	A photograph taken under section 78 must be taken—
	(a)	in a place where no members of the public are present; and
	(b)	by a person of the same sex as the registrable offender.
	(2)	A police officer present in a place while a photograph is being taken under this section must be of the same sex as the registrable offender.
	(3)	If the offender is a transgender or intersex person who identifies as female, the offender is taken to be female for this section.
	(4)	If the offender is a transgender or intersex person who identifies as male, the offender is taken to be male for this section.
80	Right to have support person when being photographed
	(1)	A registrable offender to be photographed under section 78 is entitled to be accompanied by a support person of the offender’s choosing.
	(2)	A young person to be photographed under section 78 must be accompanied by—
	(a)	a person with parental responsibility for the young person; or
	(b)	if a person with parental responsibility for the young person is unavailable, or is unacceptable to the young person—someone else (other than a police officer) who can represent the interests of the young person and who is, as far as is practicable in the circumstances, acceptable to the young person.
Division 3.4.4	Report to be acknowledged
81	Receipt of report to be acknowledged
	(1)	A police officer who receives a report under this chapter must acknowledge the making of the report as soon as practicable, but no later than 14 days after the day the police officer receives the report.
	(2)	The acknowledgment must—
	(a)	be in writing; and
	(b)	be given to the person who made the report; and
	(c)	include the name and signature of the police officer who received the report; and
	(d)	state how the report was made; and
	(e)	state the date and time when the report was received; and
	(f)	if the report was made in person—state the place where the report was made; and
	(g)	include a copy of the information reported.
	(3)	The chief police officer must ensure that a copy of every acknowledgment is kept.
Division 3.4.5	Keeping material for certain purposes
82	Documents, fingerprints, photographs may be kept
	(1)	The chief police officer may, during a registrable offender’s reporting period, keep for law enforcement, crime prevention or child protection purposes any of the following taken under this part from, or in relation to, the offender:
	(a)	copies of documents;
	(b)	fingerprints;
	(c)	photographs.
	(2)	At the end of the registrable offender’s reporting period, the chief police officer must ensure that any item that is being kept under subsection (1) is destroyed.

Part 3.5	Reporting period
    
83	When reporting period begins
A registrable offender’s reporting period for a registrable offence begins at the later of the following times:
	(a)	when the offender is sentenced for the offence;
	(b)	if the offender is in, or begins, full‑time government custody on the day the offender is sentenced for the registrable offence—when the offender stops being in full‑time government custody.
Example
when a person ends full-time detention and begins periodic detention
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
84	Reporting period—single class 1 offence—15 years
If the only registrable offence that a registrable offender has ever been found guilty of is a single class 1 offence, the offender’s reporting period is 15 years.
85	Reporting period—single class 2 offence—8 years
If the only registrable offence that a registrable offender has ever been found guilty of is a single class 2 offence, the offender’s reporting period is 8 years.
86	Reporting period—2 class 2 offences—15 years
If the only registrable offences that a registrable offender has ever been found guilty of are 2 class 2 offences, the offender’s reporting period is 15 years.
87	Reporting period—multiple offences—life
	(1)	If a registrable offender has been found guilty of 2 registrable offences and 1 or both of the offences is a class 1 offence, the registrable offender’s reporting period is the rest of the offender’s life.
	(2)	If a registrable offender has been found guilty of more than 2 registrable offences, the offender’s reporting period is the rest of the offender’s life.
Note	A life-long reporting obligation may be suspended under s 97 (Supreme Court may make suspension order).
88	Offences committed before commencement of Act used to work out length of reporting period
A reference to an offence in any of the following sections includes an offence committed before the commencement of the section:
	(a)	section 84 (Reporting period—single class 1 offence—15 years);
	(b)	section 85 (Reporting period—single class 2 offence—8 years);
	(c)	section 86 (Reporting period—2 class 2 offences—15 years);
	(d)	section 87 (Reporting period—multiple offences—life).
89	Reduced reporting period for young offenders
	(1)	If a registrable offender was a young person when the offender committed each registrable offence, the offender’s reporting period is 71/2 years.
	(2)	However, if the only registrable offence that the offender has ever been found guilty of is a single class 2 offence, the offender’s reporting period is 4 years.
90	Offences arising from same incident taken as 1 offence
	(1)	For this part, 2 or more offences arising from the same incident are to be treated as a single offence.
	(2)	For this part, 2 or more offences arising from the same incident are to be treated as a single class 1 offence if 1 or more of the offences is a class 1 offence.
Note	Offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person (see dict, def same incident).
91	Reporting period for person subject to child sex offender registration order
For this part, if a court makes a child sex offender registration order in relation to a person for an offence, the person is taken to be a registrable offender found guilty of a class 2 offence.
Note	A court may make a child sex offender registration order if a person is found guilty of an offence that is not a class 1 or class 2 offence and the court is satisfied that the person poses a risk to the sexual safety of 1 or more people or of the community (see s 15).
92	Extended reporting period for offenders on parole
	(1)	This section applies if—
	(a)	a registrable offender is on parole for a registrable offence; and
	(b)	the reporting period for the offence will end before the end of the term of the sentence of imprisonment to which the parole relates.
	(2)	Despite anything in this part, the registrable offender’s reporting period is extended until the end of the term of imprisonment to which the parole relates.
93	Extended reporting period for offender in custody
If a registrable offender spends time in government custody, the offender’s reporting period is extended by the length of time the offender is in custody.
94	Reporting period for prescribed corresponding offenders
	(1)	Despite anything in this part, a prescribed corresponding offender’s reporting period is the recognised foreign reporting period mentioned in section 11 (b) (Who is a prescribed corresponding offender?) for the offender.
	(2)	If the prescribed corresponding offender is a prescribed corresponding offender under a law of more than 1 foreign jurisdiction, the offender’s reporting period is the longest recognised foreign reporting period.

Part 3.6	Suspension of reporting obligations
95	Pt 3.6 only applies to offender with life-long reporting period
This part applies only to a registrable offender whose reporting period under part 3.5 (Reporting periods) is the rest of the offender’s life.
96	Eligibility of offender to apply for suspension order
A registrable offender is eligible to apply for an order suspending the offender’s reporting obligations (a suspension order) only if—
	(a)	15 years have passed (excluding days in government custody) since the offender was last sentenced or released from government custody for a registrable offence or a corresponding registrable offence, whichever is later; and
	(b)	the offender did not become the subject of a life-long reporting period under a corresponding law while in a foreign jurisdiction before becoming the subject of a life-long reporting period in the ACT; and
	(c)	the offender is not on parole for a registrable offence.
97	Supreme Court may make suspension order
	(1)	This section applies if a registrable offender is eligible to apply for a suspension order.
	(2)	On application by the offender, the Supreme Court may make a suspension order.
	(3)	The court may make the order only if satisfied that the registrable offender does not pose a risk to the sexual safety of 1 or more people or of the community.
	(4)	In deciding whether to make the order, the court must take into account—
	(a)	the seriousness of the offender’s registrable offences and corresponding registrable offences; and
	(b)	the period of time since the offences were committed; and
	(c)	the age of the offender, the age of the victims of the offences, and the difference in age between the offender and the victims of the offences, when the offences were committed; and
	(d)	the offender’s present age; and
	(e)	the offender’s total criminal record.
	(5)	Subsection (4) does not limit the matters the court may take into account.
98	Chief police officer is party to application
The chief police officer is a party to an application for a suspension order and may make submissions to the Supreme Court in relation to the application.
99	No costs to be awarded for suspension order application
The Supreme Court may not award costs for a proceeding under this part.
100	Unsuccessful applicant cannot reapply for 5 years
If the Supreme Court refuses to make a suspension order in relation to a registrable offender, the offender is not eligible to reapply for a suspension order for 5 years after the day of the refusal, unless the court otherwise orders when refusing to make the order.
Note	However, this section does not apply if a suspension order ceases to have effect under s 101 (1) (see s 102).
101	Suspension order ceases if offender reoffends
	(1)	A suspension order made for a registrable offender ceases to have effect if, after the order is made, the offender—
	(a)	is found guilty of a registrable offence; or
	(b)	is made the subject of a child sex offender registration order; or
	(c)	becomes a prescribed corresponding offender.
Note	If an offender’s reporting obligations are suspended and the suspension order ceases to have effect, the offender must report the offender’s personal details to the chief police officer at an approved reporting place within the time stated in s 30 (Offence—offender whose reporting suspension ceases must report).
	(2)	A suspension order that has ceased to have effect under subsection (1) is revived if—
	(a)	the finding of guilt because of which the order ceased to have effect is quashed or set aside by a court; or
	(b)	the order ceased to have effect under subsection (1) (b) and the child sex offender registration order is quashed on appeal or the registrable offender’s finding of guilt for the offence because of which the child sex offender registration order is made is quashed or set aside by a court.
	(3)	For this section, it is irrelevant whether or not a registrable offender may begin, or has begun, an appeal in relation to a finding of guilt or a child sex offender registration order.
102	Application for new suspension order
	(1)	If a suspension order made for a registrable offender ceases to have effect under section 101 (1), the offender may apply for a new order.
	(2)	Section 100 (Unsuccessful applicant cannot reapply for 5 years) does not apply to the application.
	(3)	If a suspension order made for a registrable offender ceases to have effect under section 101 (1) (b) or (c), and the offender applies for a new suspension order, section 96 (a) (Eligibility for offender to apply for suspension order) applies as if the 15-year period mentioned were a period of 15 years (excluding days in government custody) since the registrable offender last committed a registrable offence or a corresponding registrable offence.

Part 3.7	Notice of reporting obligations
103	What is a reporting obligations notice?
In this Act:
reporting obligations notice, for a registrable offender, means a written notice stating—
	(a)	the offender’s reporting obligations; and
	(b)	the consequences that may arise if the offender does not take all reasonable steps to comply with the obligations.
104	Reporting obligations notice to be given when person becomes registrable offender
	(1)	An entity prescribed by regulation for this section must give a registrable offender a reporting obligations notice as soon as practicable, but no later than 14 days after the day any of the following events happen:
	(a)	the offender is sentenced for a registrable offence;
	(b)	the offender is released from government custody (whether or not the person was in government custody for a registrable offence);
	(c)	the offender is released from full-time government custody for a registrable offence;
	(d)	the offender enters the ACT, and remains in the ACT for 7 days, if the offender has not previously been given notice of the offender’s reporting obligations in the ACT;
	(e)	the offender becomes a prescribed corresponding offender, if the offender is in the ACT at the time.
	(2)	An entity is not required to give a reporting obligations notice if the notice has been given by someone else.
	(3)	Despite anything in this part, a regulation may provide that a reporting obligations notice is not required to state the registrable offender’s reporting period if the regulation requires a notice containing that information to be given when the offender reports the offender’s personal details in person under this chapter.
105	Reporting obligations notice may be given at any time
The chief police officer may, at any time, give a registrable offender a reporting obligations notice.
106	Courts to provide sentencing information to chief police officer
	(1)	This section applies if a court—
	(a)	makes a order or imposes a sentence that has the effect of making a person a registrable offender for this Act; or
	(b)	imposes a sentence on a person in relation to a registrable offence; or
	(c)	makes a order in relation to a registrable offender that has the effect of removing the person from the ambit of this Act.
Example for par (c)
a court on appeal quashes a finding of guilt in relation to a registrable offence for which a person had been sentenced and the offence was the only registrable offence for which the person had ever been found guilty
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The court must give the chief police officer written notice of the order or sentence as soon as practicable.
	(3)	In this section:
court does not include a court of a foreign jurisdiction.
107	Chief police officer must tell offender if reporting period changes
	(1)	This section applies to a registrable offender whose reporting period has changed since the offender was last told of the offender’s reporting period in the ACT.
	(2)	The chief police officer must give written notice to the registrable offender as soon as practicable after the change, and in no case later than the time the offender next reports under this Act.
108	Supervising authority to tell chief police officer of certain events
	(1)	This section applies if a registrable offender—
	(a)	stops being in government custody, irrespective of the reason the offender was in custody; or
	(b)	stops being in full-time government custody for a registrable offence; or
	(c)	stops being subject to a community service order, irrespective of the reason the offender was subject to the order; or
	(d)	stops being subject to a good behaviour order under the Crimes (Sentencing) Act 2005; or
	(e)	stops being subject to a condition of parole requiring the offender to be subject to supervision, irrespective of the reason the offender was on parole; or
	(f)	becomes a registrable offender prescribed by regulation for this section.
	(2)	The supervising authority must give written notice of an event mentioned in subsection (1) to the chief police officer as soon as practicable, but no later than 14 days after the day the event happens.
	(3)	The notice must include any details prescribed by regulation.
109	Procedural defects do not affect offender’s obligations
A failure by a person other than a registrable offender to comply with a procedural requirement imposed on the person by this chapter or by regulation does not, of itself, affect an offender’s reporting obligations.

Part 3.8	Protected witnesses
110	Who is a protected registrable offender?
	(1)	A person is a protected registrable offender if the person is—
	(a)	a registrable offender who is—
	(i)	a participant in the witness protection program; or
	(ii)	the subject of a protected registrable offender declaration in force under this part; or
	(b)	a foreign protected witness.
	(2)	In this section:
foreign protected witness means a person who—
	(a)	is receiving protection under a law of a foreign jurisdiction that—
	(i)	provides for the protection of witnesses; and
	(ii)	is prescribed by regulation for this subsection; or
	(b)	has the same status under a corresponding law as a person mentioned in paragraph (a).
111	Protected and unprotected registrable offender declarations
	(1)	If a registrable offender is a participant in the witness protection program and stops being a participant in the program, the chief police officer must declare that the offender is either—
	(a)	a protected registrable offender (a protected registrable offender declaration); or
	(b)	not a protected registrable offender (an unprotected registrable offender declaration).
	(2)	The chief police officer must take all reasonable steps to tell the registrable offender about the declaration.
112	Review of unprotected registrable offender declaration
	(1)	Within 28 days after the registrable offender is told about the making of an unprotected registrable offender declaration, the offender may apply in writing to the chief police officer for review of the declaration.
	(2)	On receiving an application for a review, the chief police officer must review the declaration, and confirm or reverse it.
	(3)	Before making a decision on the application, the chief police officer must give the registrable offender a reasonable opportunity to state the offender’s case.
	(4)	After deciding the application, the chief police officer must give an internal review notice to the registrable offender.
Note 1	The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Note 2	Internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
113	Chief police officer must tell offender about ACAT review
	(1)	If the chief police officer confirms an unprotected registrable offender declaration under section 112 (2), the chief police officer must give the offender a reviewable decision notice in relation to the decision.
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(2)	To remove any doubt, for the ACT Civil and Administrative Tribunal Act 2008, section 67A (Reviewable decision notice), the offender is taken to be the only person whose interests are affected by the decision.
114	ACAT review of chief police officer’s decision
A registrable offender may apply to the ACAT for review of a decision under section 112 (2) by the chief police officer to confirm an unprotected registrable offender declaration.
115	When protected and unprotected registrable offender declarations take effect
	(1)	A protected registrable offender declaration takes effect immediately.
	(2)	An unprotected registrable offender declaration made for a registrable offender takes effect on the later of the following days:
	(a)	at the end of 28 days after the day the offender is told about the making of the declaration;
	(b)	if the offender applies to the chief police officer for review of the declaration under section 112 (1)—at the end of 7 days after the day notice of the decision on the review is given to the offender under section 112 (4);
	(c)	if the offender applies to the ACAT under section 114 for review of the confirmation of an unprotected registrable offender declaration—on the day the ACAT decides the appeal.

Part 3.9	Reasonable steps to comply with reporting obligations
116	How court decides if person took all reasonable steps to comply with reporting obligations
	(1)	In deciding whether a person took all reasonable steps to comply with a reporting obligation imposed on a person by a reporting offence, the court hearing the proceeding must have regard to—
	(a)	the person’s age; and
	(b)	whether the person has a disability that affects the person’s ability to understand, or to comply with, the obligation; and
	(c)	whether the form of notice given to the person about the person’s obligations under this Act was adequate to tell the person about the obligation, having regard to the person’s circumstances.
	(2)	Subsection (1) does not limit the matters to which the court may have regard.

Chapter 4	Child sex offenders register
    
117	Establishment of child sex offenders register
	(1)	The chief police officer must establish a register of sex offenders (the child sex offenders register), or arrange for another entity to establish the child sex offenders register.
	(2)	The child sex offenders register must contain the following information about each registrable offender (to the extent that it is known by the chief police officer):
	(a)	the offender’s name and other identifying particulars;
	(b)	details of each class 1 and class 2 offence of which the offender has been found guilty or with which the offender has been charged;
	(c)	details of each offence of which the offender has been found guilty that resulted in the making of a child sex offender registration order;
	(d)	the date the offender was sentenced for each registrable offence;
	(e)	the date the offender ceased to be in government custody for a registrable offence, or entered or ceased to be in government custody for a offence during the offender’s reporting period;
	(f)	the date the offender stopped being in full-time government custody for a registrable offence;
	(g)	any information reported for the offender under chapter 3 (Reporting).
	(3)	The child sex offenders register may also contain any other information that the chief police officer considers appropriate.
118	Access to child sex offenders register restricted
	(1)	The chief police officer must ensure—
	(a)	that the child sex offenders register, or a part of the register, is only accessed by people who are authorised by the chief police officer or under a regulation; and
	(b)	that personal information in the child sex offenders register is only disclosed by a person with access to the register, or the relevant part of the register—
	(i)	for law enforcement functions or activities and then only to an entity prescribed by regulation; or
	(ii)	as otherwise required or authorised by a regulation or under an Act or other law.
	(2)	The chief police officer must develop guidelines about access to, and disclosure of, personal information in the child sex offenders register to ensure that access to the personal information in the register is restricted to the greatest extent that is possible without interfering with the purpose of this Act.
	(3)	For this section, the child sex offenders register includes information from a register maintained under a corresponding law that is accessible by the chief police officer, whether or not the information is physically part of the register.
	(4)	This section has effect despite any other Act or law to the contrary.
119	Access to information about protected witnesses restricted
	(1)	The chief police officer must ensure that personal information in the child sex offenders register about a protected registrable offender cannot be accessed other than by a person authorised by the police officer or officer of an approved authority responsible for the day‑to-day operation of the witness protection program.
	(2)	For this section:
approved authority—see the Witness Protection Act 1996, dictionary.
120	Offence—unauthorised person must not access child sex offenders register
A person commits an offence if the person—
	(a)	accesses the child sex offenders register; and
	(b)	is not authorised to have access to—
	(i)	the register; or
	(ii)	the part of the register that the person accesses.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
122	Registrable offender may correct child sex offenders register
	(1)	The chief police officer must, if asked by a registrable offender, give the offender a copy of all the reportable information held in the child sex offenders register in relation to the offender.
	(2)	The chief police officer must comply with subsection (1) as soon as practicable, but no later than 14 days after the day the chief police officer was asked.
	(3)	A registrable offender may ask the chief police officer to amend any incorrect reportable information held in the child sex offenders register in relation to the offender.
	(4)	The chief police officer must comply with the request if satisfied that the information is incorrect.
	(5)	In this section:
reportable information means information that—
	(a)	is given to the chief police officer by, or for, the registrable offender; and
	(b)	the offender is required to report to the chief police officer.

Chapter 5	Registrable offenders prohibited from child-related employment
123	What is employment?
In this chapter:
employment includes—
	(a)	performance of work—
	(i)	under a contract of employment or contract for services (whether written or unwritten); or
	(ii)	as a minister of religion or as part of the duties of a religious vocation; or
	(b)	undertaking practical training as part of an educational or vocational course; or
	(c)	performance of work as a volunteer; or
	(d)	performance of work under, or because of, a sentence, including a community service order.
124	What is child-related employment?
	(1)	Employment is child-related (child-related employment) if the employment involves contact with a child in relation to any of the following:
	(a)	child protection services;
	(b)	preschools, kindergartens or child-care centres;
	(c)	family day care schemes;
	(d)	educational institutions for children;
	(e)	detention places under the Children and Young People Act 2008;
	(f)	refuges or other residential facilities used by children;
	(g)	wards of public or private hospitals where children are ordinarily patients;
	(h)	clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement (including involvement of a voluntary nature);
	(i)	religious organisations;
	(j)	babysitting or childminding services arranged by a commercial agency;
	(k)	fostering children;
	(l)	providing public or private transport services for the transport of children;
	(m)	private tuition services of any kind for children arranged by a commercial agency;
	(n)	counselling or other support services for children; 
	(o)	overnight camps, irrespective of the kind of accommodation or of how many children are involved;
	(p)	school-crossing services;
	(q)	before and after school care programs;
	(r)	school holiday vacation programs;
	(s)	work-related training contracts under the Training and Tertiary Education Act 2003;
	(t)	anything else prescribed by regulation for this section.
	(2)	In this section:
contact means any form of contact between a person and a child, and includes—
	(a)	any form of physical contact; and
	(b)	any form of oral communication, whether face-to-face or by telephone; and
	(c)	any form of written communication, including electronic communication.
educational institutions for children include the following:
	(a)	a government school or non-government school under the Education Act 2004;
	(b)	a registered training organisation, higher education provider or university under the Training and Tertiary Education Act 2003.
family day care scheme—see the Children and Young People Act 2008, section 734.
school-crossing services means services provided by people to assist children to cross roads on their way to or from school.
125	When is a person engaged in child-related employment?
	(1)	A person is engaged in child-related employment if the person is—
	(a)	an officer of a corporation that is engaged in child-related employment; or
	(b)	a member of the committee of management of an unincorporated body or association that is engaged in child-related employment; or
	(c)	a member of a partnership that is engaged in child-related employment.
	(2)	This section does not limit the circumstances in which a person can be taken to be engaged in child-related employment.
	(3)	In this section:
officer—
	(a)	for a corporation within the meaning of the Corporations Act—see the Corporations Act, section 9; and
	(b)	for any other corporation—means a person (by whatever name called) who is concerned, or takes part in, the management of the corporation.
126	Offence—offender must not apply for child-related employment
A registrable offender commits an offence if the offender—
	(a)	applies for child-related employment; and
	(b)	is reckless about whether the employment is child-related employment.
Maximum penalty:  200 penalty units, imprisonment for 2 years or both.
127	Offence—offender must not engage in child-related employment
A registrable offender commits an offence if the offender engages in child-related employment.
Maximum penalty:  200 penalty units, imprisonment for 2 years or both.
128	Offence—person in child-related employment must disclose charges
A person commits an offence if the person—
	(a)	is engaged in child-related employment; and
	(b)	is charged with a registrable offence; and
	(c)	does not disclose the charge to the person’s employer within 7 days after the day the person is charged with the registrable offence.
Maximum penalty:  50 penalty units.
130	Offence—person must disclose charges if applying for child-related employment
	(1)	A person commits an offence if—
	(a)	a charge is pending against the person for a registrable offence; and
	(b)	the person applies for child-related employment; and
	(c)	the person does not disclose the charge to the person’s prospective employer when making the application.
Maximum penalty:  50 penalty units.
	(2)	A person commits an offence if—
	(a)	the person has applied for child-related employment; and
	(b)	the person is charged with a registrable offence while the application is still current; and
	(c)	the person does not disclose the charge to the person’s prospective employer within 7 days after the day the person is charged with the registrable offence.
Maximum penalty:  50 penalty units.
132	Offence—employer must keep information secret
	(1)	In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
divulge includes communicate.
produce includes allow access to.
protected information means information about a person that is disclosed to an employer because of the person satisfying the person’s obligations under section 128, section 129, section 130 or section 131.
	(2)	An employer commits an offence if—
	(a)	the employer—
	(i)	makes a record of protected information about someone else; and
	(ii)	is reckless about whether the information is protected information about someone else; or
	(b)	the employer—
	(i)	does something that divulges protected information about someone else; and
	(ii)	is reckless about whether—
	(A)	the information is protected information about someone else; and
	(B)	doing the thing would result in the information being divulged to someone else.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	Subsection (2) does not apply if the record is made, or the information is divulged—
	(a)	under this Act or another territory law; or
	(b)	in relation to the exercise of a function as an employer.
	(4)	Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.
	(5)	Subsection (2) does not apply if the information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.
	(6)	Subsection (2) does not apply if the information is divulged to a court in a legal proceeding or under an order of a court.
	(7)	Subsection (2) does not apply if the information is divulged to a lawyer to obtain legal advice or representation relating to a matter under this Act.

Chapter 5A	Orders prohibiting offender conduct
Part 5A.1	Preliminary
132A	Definitions—ch 5A
In this chapter:
application, for an order for a person under this chapter, includes an application for the registration of a corresponding protection order.
conduct includes a course of conduct.
corresponding prohibition order means an order made under a law of a foreign jurisdiction that substantially corresponds to a prohibition order.
CYP director‑general means the director‑general of the administrative unit responsible for the Children and Young People Act 2008.
CYP director‑general’s report means the report mentioned in section 132C.
daily care responsibility—see the Children and Young People Act 2008, section 19.
interim prohibition order—see section 132H (Court may make interim prohibition order).
long-term care responsibility—see the Children and Young People Act 2008, section 20.
make, an order for a person under this chapter, includes register a corresponding prohibition order.
parental responsibility, for a child or young person—see the Children and Young People Act 2008, section 15. 
prohibition order—see section 132D (Court may make prohibition order).
registered corresponding prohibition order means a corresponding prohibition order registered under section 132N (Registration of corresponding prohibition order—no amendment) or section 132P (Registration of corresponding prohibition order—with amendment).
registration notice—see section 132O (Notice of registration of unamended corresponding prohibition order).
return date, for an application, means the day set by the Magistrates Court for return of the application before the court.

Part 5A.2	Prohibition orders
132B	Application for prohibition order
	(1)	The chief police officer may apply to the Magistrates Court for a prohibition order for a person if the chief police officer believes on reasonable grounds that—
	(a)	the person is a registrable offender; and
	(b)	the person has engaged in conduct the nature or pattern of which poses a risk to the lives or sexual safety of 1 or more children, or of children generally; and
Examples
1	loitering at or near a park fitted with playground equipment regularly used by children
2	seeking employment or volunteer work that will involve the person coming into contact with children, including, for example, door‑to‑door sales or collecting
3	living near a child care centre
4	boarding in a household with children under 16 years old
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(c)	prohibiting the conduct stated in the application will reduce the risk.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
	(2)	The application must—
	(a)	state each registrable offence for which the person has been found guilty; and
	(b)	state the particulars of the conduct the chief police officer believes the person has engaged in; and
	(c)	state when the chief police officer believes the person engaged in the conduct; and
	(d)	state the conduct of the person proposed to be prohibited under the prohibition order, including the conditions (if any) sought by the chief police officer; and
	(e)	if the person is a young person—include a copy of the CYP director‑general’s report for the person.
	(3)	The application may state that the chief police officer is seeking an interim prohibition order on the application.
132C	CYP director-general’s report
	(1)	This section applies if the chief police officer intends to apply to the Magistrates Court under section 132B for a prohibition order for a young person. 
	(2)	The chief police officer must ask the CYP director‑general in writing for a written report containing the director-general’s opinion on—
	(a)	whether the nature or pattern of conduct the chief police officer believes the young person has engaged in poses a risk to the lives or sexual safety of 1 or more children, or of children generally; and
	(b)	whether there are other reasonably appropriate ways of managing the young person; and
	(c)	whether the prohibition of the proposed conduct of the young person is reasonable having regard to the conduct mentioned in paragraph (a); and 
	(d)	what impact a prohibition order may have on the best interests of the young person, including the young person’s accommodation, educational, health, cultural, family or other social needs.
	(3)	The report may contain any other information, assessments or reports that the CYP director-general considers appropriate. 
	(4)	However, a report need not include protected information under the Children and Young People Act 2008 about the young person.
Note	The CYP director-general may give protected information to the chief police officer if the director-general is satisfied that the information is materially relevant to an investigation a police officer is carrying out (see Children and Young People Act 2008, s 865A).
	(5)	The CYP director‑general must give the report to the chief police officer within 28 days after the day the chief police officer requests the report.
132D	Court may make prohibition order 
	(1)	The Magistrates Court may, on application, make an order (a prohibition order) prohibiting a person from engaging in conduct if satisfied that—
	(a)	the person is a registrable offender; and
	(b)	the person has engaged in the conduct stated in the application for the order; and
	(c)	having regard to the nature or pattern of the conduct engaged in—
	(i)	the person poses a risk to the lives or sexual safety of 1 or more children, or of children generally; and
	(ii)	the making of the order will reduce the risk; and
	(d)	having regard to the matters mentioned in section 132E, the order is appropriate.
Note	For the kind of conduct the Magistrates Court may prohibit, see s 132F.
	(2)	Also, the Magistrates Court may only make a prohibition order for a young person—
	(a)	after considering the CYP director‑general’s report for the young person; and
	(b)	if satisfied that all other reasonably appropriate ways of managing the young person have been considered by the chief police officer before the chief police officer applied for the order.
	(3)	For subsection (1), it is not necessary for the Magistrates Court to identify a risk to a particular child, particular children, or a particular class of children.
	(4)	The application for the order may be heard, and the order made, in the person’s absence if the Magistrates Court is satisfied that the person was served with the application under section 132Z (Service of applications).
	(5)	If a person against whom a prohibition order is sought is already subject to a prohibition order and no application has been made to revoke the existing order, the Magistrates Court must, if it decides to make the order—
	(a)	revoke the existing order and replace it with a new order (which may contain matters relating to the existing order); or
	(b)	amend the existing order to include the matters in relation to which it has decided to make the order.
	(6)	A failure to comply with subsection (5) does not affect the validity of an existing prohibition order or the new prohibition order.
132E	Matters court must consider before making prohibition order
	(1)	For section 132D (1) (d), the matters are as follows:
	(a)	for each registrable offence for which the person is a registrable offender—
	(i)	the seriousness of the offence; and
	(ii)	the period since the offence was committed; and
	(iii)	the person’s and victim’s ages when the person committed the offence, and the difference in age between the person and victim; 
	(b)	the person’s present age;
	(c)	the seriousness of the person’s criminal history; 
	(d)	whether the level of risk that the person may commit another registrable offence outweighs the effect of the order on the person;
	(e)	the person’s circumstances, to the extent that they relate to the conduct sought to be prohibited;
Examples
1	the person’s accommodation, employment, health, cultural and social needs
2	the need to integrate the person into the community
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(f)	if the person is a young person—the person’s best interests, including the person’s educational needs and access to family members.
	(2)	The Magistrates Court may have regard to anything else the court considers relevant.
	(3)	In this section:
criminal history, about a person, means—
	(a)	a finding of guilt against the person for a registrable offence or relevant offence; and
	(b)	a charge made against the person for a registrable offence or relevant offence, other than—
	(i)	a charge that has been withdrawn, discontinued or dismissed; or
	(ii)	a charge for an offence for which the person was acquitted or found guilty.
family member—see the Children and Young People Act 2008, section 13.
relevant offence means any of the following offences (whether committed in the ACT or elsewhere):
	(a)	a sexual offence;
	(b)	an offence against the person;
	(c)	an offence involving violence;
	(d)	an offence involving dishonesty or fraud;
	(e)	an offence relating to property;
	(f)	an offence relating to illegal drugs;
	(g)	an offence against an animal;
	(h)	any other offence the chief police officer considers relevant.
132F	Conduct that may be prohibited by prohibition order etc 
	(1)	For section 132D (1) (Court may make prohibition order) or section 132H (1) (Court may make interim prohibition order), the kind of conduct the Magistrates Court may prohibit includes the following:
	(a)	associating with, or otherwise contacting, stated people or a stated kind of person;
Example
corresponding with other registrable offenders
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	being in stated places or a stated kind of place;
Example
within 200m of a school between 7am and 7pm on school days
	(c)	living at 1 or more stated premises, a stated kind of premises or premises at a stated place;
Examples
1	a house where children under 16 years old live
2	any premises that are within 200m of a child care centre
	(d)	engaging in stated behaviour;
Example
taking photographs of children
	(e)	being in stated employment, or a stated kind of employment, whether paid or voluntary, that is likely to bring the person into contact with children.
Examples
1	door-to-door sales or collecting
2	employment at a place that is within 200m of a school
	(2)	The Magistrates Court—
	(a)	may prohibit conduct absolutely or on the conditions it considers appropriate; and
	(b)	must state the conduct and any conditions in the order.
	(3)	If the Magistrates Court prohibits a person from engaging in conduct at or near a place and the person has personal property at the place, the court must, if satisfied that it is necessary to do so, ensure that the order provides for the person to recover the person’s personal property from the place.
132G	Term of prohibition order
	(1)	A prohibition order for a person takes effect—
	(a)	if the person is before the Magistrates Court when the order is made—when it is made; or
	(b)	if the person is not before the Magistrates Court when the order is made—when a copy of the order is served on the person under section 132ZC (Giving copy of order to person not before court).
	(2)	The order remains in force for the term, not longer than the following, that the Magistrates Court states in the order:
	(a)	for a young person—
	(i)	1 year; or
	(ii)	if the young person’s reporting period ends in less than 1 year—the young person’s reporting period;
	(b)	in any other case—
	(i)	5 years; or
	(ii)	if the person’s reporting period ends in less than 5 years—the person’s reporting period.

Part 5A.3	Interim prohibition orders
132H	Court may make interim prohibition order
	(1)	The Magistrates Court may make an order (an interim prohibition order) prohibiting a person from engaging in conduct if satisfied that—
	(a)	the person is a registrable offender; and
	(b)	having regard to the nature or pattern of conduct stated in the application to have been engaged in by the person, the person poses a risk to the lives or sexual safety of 1 or more children, or of children generally; and
	(c)	it is necessary to make the interim prohibition order to reduce the risk until the application for the prohibition order is decided.
Note	For the kind of conduct the Magistrates Court may prohibit, see s 132F.
	(2)	For subsection (1), it is not necessary for the Magistrates Court to identify a risk to a particular child, particular children, or a particular class of children.
	(3)	The Magistrates Court may make an interim prohibition order—
	(a)	only on an application for a prohibition order; and
	(b)	at any time during the proceeding on the application for the prohibition order to which it relates.
	(4)	The application for the prohibition order may be heard, and an interim prohibition order made, in the person’s absence if the Magistrates Court is satisfied that the person was served with the application under section 132Z (Service of applications).
	(5)	If the Magistrates Court makes an interim prohibition order for a person, the court must set another return date for the application for the prohibition order for the person.
132I	Term of interim prohibition order 
	(1)	An interim prohibition order for a person takes effect—
	(a)	if the person is before the Magistrates Court when the order is made—when it is made; or
	(b)	if the person is not before the Magistrates Court when the order is made—when a copy of the order is served on the person under section 132ZC (Giving copy of order to person not before court).
	(2)	The interim prohibition order remains in force until the earlier of—
	(a)	the end of the relevant period for the order; and
	(b)	1 of the following:
	(i)	if the Magistrates Court makes a prohibition order for the person—the day the order takes effect; 
	(ii)	if the Magistrates Court decides not to make a prohibition order for the person—the day the court makes the decision; 
	(iii)	if the chief police officer discontinues the application for the prohibition order for the person—the day the application is discontinued;
	(iv)	if the order is revoked by the court under section 132L (Court may amend or revoke prohibition order or interim prohibition order) or set aside (however described) on appeal—the day the order is revoked or set aside;
	(v)	if a proceeding for a prohibition order is not started by the return date set by the court under section 132H (5) and the court does not extend the interim prohibition order under section 132J—the return date;
	(vi)	if the person’s reporting period ends before the relevant period ends—the day the reporting period ends.
	(3)	In this section:
relevant period, for an interim prohibition order, means—
	(a)	28 days; or
	(b)	the period for which the order is extended under section 132J.
132J	Extending interim prohibition order if application for prohibition order adjourned 
	(1)	This section applies in relation to an application for a prohibition order for a person if—
	(a)	an interim prohibition order is in force for the person; and
	(b)	the Magistrates Court adjourns the application; and
	(c)	the interim prohibition order will end before the application is decided.
	(2)	The Magistrates Court may, on application by the chief police officer or on its own initiative, extend the interim prohibition order for not more than 28 days.
	(3)	The interim prohibition order may be extended in the person’s absence if the Magistrates Court is satisfied that the person was served with the application for the prohibition order under section 132Z (Service of applications).

Part 5A.4	Amending or revoking prohibition and interim prohibition orders
132K	Application to amend or revoke prohibition order or interim prohibition order
	(1)	This section applies to a prohibition order or interim prohibition  order for a person.
	(2)	The person or chief police officer may apply to the Magistrates Court for an order amending or revoking the order.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
	(3)	However, other than in relation to an order made in the person’s absence, the person may only make an application under subsection (2) with the Magistrates Court’s leave.
	(4)	The Magistrates Court may grant the leave if satisfied that—
	(a)	it is in the interests of justice, having regard to changes in the person’s circumstances, or circumstances affecting the person, since the prohibition or interim prohibition order was made or last amended by the court; or
Examples—person’s circumstances
the person’s accommodation, employment, health, cultural or social needs
Example—circumstances affecting person
Under a prohibition order, the person is prohibited from going within 200m of a stated child care centre, and the child care centre has closed down since the order was made.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	it is appropriate on compassionate grounds, including having regard to the person’s culturally specific needs.
Example
to attend a relative’s funeral
132L	Court may amend or revoke prohibition order or interim prohibition order
	(1)	The Magistrates Court may, on application, make an order amending or revoking a prohibition order or interim prohibition order.
	(2)	In considering an order in relation to a prohibition order, the Magistrates Court must have regard to—
	(a)	the matters mentioned in section 132D (Court may make prohibition order) to the extent the court that made the prohibition order was required to have regard to those matters; and
	(b)	any changes in the person’s circumstances since the prohibition order was made or last amended by the court.
	(3)	In considering an order in relation to an interim prohibition order, the Magistrates Court must have regard to—
	(a)	the matters mentioned in section 132H (Court may make interim prohibition order) to the extent the court that made the interim prohibition order was required to have regard to those matters; and
	(b)	any changes in the person’s circumstances since the interim prohibition order was made or last amended by the court.
	(4)	An order amending a prohibition order or interim prohibition order takes effect—
	(a)	if the person is before the Magistrates Court when the amending order is made—when it is made; or
	(b)	if the person is not before the Magistrates Court when the amending order is made—when a copy of the order is served on the person under section 132ZC (Giving copy of order to person not before court).
	(5)	An order revoking a prohibition order or interim prohibition order takes effect when it is made.

Part 5A.5	Corresponding prohibition orders
132M	Application for registration of corresponding prohibition order
	(1)	The chief police officer may apply to the Magistrates Court for the registration of a corresponding prohibition order for a person.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
	(2)	The application must—
	(a)	be accompanied by a copy of the corresponding prohibition order; and
	(b)	if the law of the foreign jurisdiction in which the order was made required the order to be served on the person—include evidence that the corresponding prohibition order was served on the person under that law; and
	(c)	include details of any amendment sought for the corresponding prohibition order to operate effectively in the ACT.
Note	If an application includes details in par (c), the Magistrates Court must set a return date for the hearing of the application (see s 132Y).
132N	Registration of corresponding prohibition order—no amendment
	(1)	This section applies if—
	(a)	an application is made under section 132M for the registration of a corresponding prohibition order for a person; and
	(b)	the application does not include details of amendment sought for the corresponding protection order to operate effectively in the ACT under section 132M (2) (c).
	(2)	The Magistrates Court must register the corresponding prohibition order if the court is satisfied that—
	(a)	the person is a registrable offender; and
	(b)	the corresponding prohibition order is in force; and
	(c)	if the law of the foreign jurisdiction in which the order was made required the order to be served on the person—the order was served on the person under that law. 
	(3)	However, if the Magistrates Court considers that the corresponding prohibition order requires amendment to operate effectively in the ACT, the court may, on its own initiative, deal with the application under section 132P (Registration of corresponding prohibition order—with amendment).
Note	If the Magistrates Court considers the corresponding prohibition order requires amendment to operate effectively in the ACT, the court must set a return date for the hearing of the application (see s 132Y).
132O	Notice of registration of unamended corresponding prohibition order
	(1)	As soon as practicable after registering a corresponding prohibition order for a person under section 132N, the Magistrates Court must give the chief police officer notice (a registration notice) that the order has been registered.
	(2)	The chief police officer must personally serve a copy of the registration notice on the person.
	(3)	For a registered corresponding prohibition order for a young person, the chief police officer must also personally serve a copy of the registration notice on—
	(a)	if the young person lives with a person with parental responsibility for the young person—the person with parental responsibility; and
	(b)	if the CYP director‑general has long-term care responsibility or daily care responsibility (alone or shared with someone else) for the young person—the CYP director-general.
	(4)	The police officer serving the copy of the registration notice must, as far as practicable in the circumstances, explain to the person—
	(a)	the purpose, terms and effect of the notice; and
	(b)	any consequences that may follow if the person against whom the corresponding prohibition order is made fails to comply with the registered corresponding prohibition order.
	(5)	The police officer must explain the matters mentioned in subsection (4) in language likely to be readily understood by the person.
	(6)	A failure to comply with subsection (4) or (5) does not affect the validity of the registered corresponding prohibition order.
132P	Registration of corresponding prohibition order—with amendment  
	(1)	This section applies if—
	(a)	an application is made under section 132M (Application for registration of corresponding prohibition order) for the registration of a corresponding prohibition order for a person; and
	(b)	either—
	(i)	the application includes details of amendments sought for the corresponding protection order to operate effectively in the ACT under section 132M (2) (c); or
	(ii)	the Magistrates Court decides, under section 132N (3) (Registration of corresponding prohibition order—no amendment) to deal with the application under this section.
	(2)	The application may be heard in the person’s absence if the Magistrates Court is satisfied that the person was served with the application under section 132Z (Service of applications).
	(3)	The Magistrates Court may make an order amending the corresponding prohibition order for its registration in a way the court considers is necessary or desirable for its effective operation in the ACT.
	(4)	In considering an order under subsection (3), the Magistrates Court must have regard to—
	(a)	anything that must be considered under section 132D (Court may make prohibition order) on an application for a prohibition order; and
	(b)	any changes in the person’s circumstances since the corresponding prohibition order was made.
	(5)	The Magistrates Court must register the corresponding prohibition order as amended under this section if the court is satisfied that—
	(a)	the person is a registrable offender; and
	(b)	the corresponding prohibition order is in force; and
	(c)	if the law of the foreign jurisdiction in which the order was made required the corresponding prohibition order to be served on the person—the order was served on the person under that law.
132Q	Term of registered corresponding prohibition order
	(1)	Registration of a corresponding prohibition order for a person under section 132N (Registration of corresponding prohibition order—no amendment) takes effect when the registration notice for the order is served on the person.
	(2)	Registration of a corresponding prohibition order for a person under section 132P takes effect—
	(a)	if the person is before the Magistrates Court when the corresponding prohibition order as amended is registered—when it is registered; or
	(b)	if the person is not before the Magistrates Court when the corresponding prohibition order as amended is registered—when a copy of the registered corresponding prohibition order is served on the person under section 132ZC (Giving copy of order to person not before court).
	(3)	A registered corresponding prohibition order is registered for the lesser of—
	(a)	5 years; and
	(b)	the period during which the corresponding prohibition order, as originally made, is in force.
	(4)	However, if the person is a young person, the registered corresponding prohibition order is registered for the lesser of—
	(a)	3 months; and
	(b)	the period during which the corresponding prohibition order, as originally made, is in force.
132R	Application to amend or cancel registration of registered corresponding prohibition order
	(1)	A person against whom a registered corresponding prohibition order is in force, or the chief police officer, may apply to the Magistrates Court for an order amending or cancelling the registration of the order.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
	(2)	However, other than in relation to an order made in the person’s absence, the person may only make an application under subsection (1) with the court’s leave.
	(3)	The Magistrates Court may grant the leave if satisfied that—
	(a)	it is in the interests of justice, having regard to changes in the person’s circumstances, or circumstances affecting the person, since the corresponding prohibition order was made or last amended by the court; or
Examples—person’s circumstances
the person’s accommodation, employment, health, cultural or social needs
Example—circumstances affecting person
Under a corresponding prohibition order, the person is prohibited from going within 200m of a stated child care centre, and the child care centre has closed down since the order was made.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	it is appropriate on compassionate grounds, including having regard to the person’s culturally specific needs.
Example
to attend a relative’s funeral
132S	Court may amend or cancel registration of registered corresponding prohibition order
	(1)	The Magistrates Court may, on application, make an order amending or cancelling the registration of a registered corresponding prohibition order.
	(2)	In considering an order, the Magistrates Court must have regard to—
	(a)	the matters mentioned in section 132D (Court may make prohibition order); and
	(b)	any changes in the person’s circumstances since the registered corresponding prohibition order was made or last amended by the court.
	(3)	An order amending a registered corresponding prohibition order takes effect—
	(a)	if the person is before the Magistrates Court when the amending order is made—when it is made; or
	(b)	if the person is not before the Magistrates Court when the amending order is made—when a copy of the order is served on the person under section 132ZC (Giving copy of order to person not before court).
	(4)	An order cancelling the registration of a registered corresponding prohibition order takes effect when it is made.

Part 5A.6	People with legal disabilities
132T	Definitions—pt 5A.6
In this part:
person with a legal disability means—
	(a)	a young person; or
	(b)	a person with a mental disability.
person with a mental disability means a person who is not legally competent to be a party to a proceeding on an application for an order under this chapter because of a mental or intellectual disability, and includes such a person even if a disability guardian under the Guardianship and Management of Property Act 1991 has been appointed.
132U	Appointing litigation guardian for person with legal disability
	(1)	This section applies in relation to a proceeding on an application for an order for a person (the relevant person) under this chapter if the Magistrates Court considers that the person is or may be a person with a legal disability.
	(2)	The following people may be appointed as a litigation guardian for the relevant person:
	(a)	an individual who is not a person with a legal disability;
	(b)	the public advocate.
	(3)	An individual is appointed under subsection (2) by filing with the Magistrates Court a statement—
	(a)	about whether, to the best of the individual’s knowledge, the relevant person has a guardian or manager, other than the individual; and
	(b)	to the effect that the individual—
	(i)	has no interest in the proceeding that is adverse to the interests of the relevant person; and
	(ii)	agrees to be appointed.
	(4)	However, if the relevant person has a guardian or manager, other than the individual, the individual may be appointed as the relevant person’s litigation guardian only with the Magistrates Court’s leave.
	(5)	For this section:
guardian—see the Guardianship and Management of Property Act 1991, dictionary. 
manager—see the Guardianship and Management of Property Act 1991, dictionary.
Note	Section 132X sets out what happens if a party with a legal disability does not have a representative, or an appropriate or suitable representative.
132V	Functions of litigation guardian
	(1)	This section applies if a litigation guardian has been appointed in a proceeding on an application for an order for a person under this chapter.
	(2)	Anything that the person is allowed to do under this chapter may be done by the person’s litigation guardian.
	(3)	Anything that the person is required to do under this chapter must be done by the person’s litigation guardian.
Note	The litigation guardian may not give the person’s evidence for the person (see Evidence Act 1995 (Cwlth), pt 3.2).
	(4)	The person’s litigation guardian must do everything that is necessary in the proceeding to protect the person’s interests.
132W	Removal of litigation guardian
	(1)	The Magistrates Court may, on application or its own initiative—
	(a)	remove the litigation guardian of a person with a legal disability in a proceeding on an application for an order for the person under this chapter; and
	(b)	order that the proceeding be stayed until someone else has been appointed as litigation guardian in place of the person removed.
	(2)	An applicant for an order under subsection (1) must, unless the Magistrates Court otherwise directs, serve notice of the application on the person whose removal is sought and on the person with a legal disability.
	(3)	An application under subsection (1) may be made by a party to the proceeding or anyone else.
132X	Representation of parties with legal disability
	(1)	This section applies if a party to a proceeding on an application for an order for a person under this chapter—
	(a)	is a person with a legal disability; and
	(b)	does not have a representative, or an appropriate or suitable representative.
	(2)	The Magistrates Court may, on application or its own initiative—
	(a)	adjourn the proceeding so the party can get representation; and
	(b)	give the party the information necessary to allow the party to get representation; and
	(c)	tell the public advocate that the proceeding has been adjourned so the party can get representation.

Part 5A.7	Other provisions about orders prohibiting offender conduct
132Y	Court sets return date
	(1)	This section applies to an application for an order for a person under this chapter if a hearing will be held for the application.
Note	A hearing is not required to register a corresponding prohibition order without amendment (see s 132N).
	(2)	On receiving the application, the Magistrates Court must—
	(a)	enter the application into the court’s record; and
	(b)	set a return date for the application; and
	(c)	state the return date on the application and any copies of the application for service.
	(3)	The return date must be—
	(a)	not later than 2 days after the day the application is made; or
	(b)	not later than 10 days after the day the application is made if—
	(i)	the chief police officer is not seeking an interim prohibition order on the application; and
	(ii)	the Magistrates Court is satisfied that the longer time is necessary to allow the person to be served with the application.
132Z	Service of applications
	(1)	This section applies to an application for an order for a person under this chapter if a hearing will be held for the application.
Note	A hearing is not required to register a corresponding prohibition order without amendment (see s 132N).
	(2)	A copy of the application must be—
	(a)	personally served on the person; and
	(b)	served on anyone else the court directs.
Note	For how orders may be served under par (b), see the Legislation Act, pt 19.5.
	(3)	If the application relates to an order for a young person, the application must also be personally served on—
	(a)	if the young person lives with a person with parental responsibility for the young person—the person with parental responsibility; and
	(b)	if the CYP director‑general has long-term care responsibility or daily care responsibility (alone or shared with someone else) for the young person—the CYP director‑general.
	(4)	The application must be served as soon as practicable after—
	(a)	if the return date set under section 132Y is not the day the application is made—the day the application is made; or
	(b)	if the return date set under section 132Y is the day the application is made—the day the application has gone before the Magistrates Court and the court has set a further date for the application’s return before the court.
132ZA	If personal service impractical or impossible
	(1)	This section applies if—
	(a)	an application, order or other document must be personally served on a person under this chapter; and
	(b)	personal service of the application, order or document is not reasonably practicable.
	(2)	The Magistrates Court may order that the application, order or document be served in the way, stated in the order, that the court considers is likely to bring the application, order or document to the attention of the person required to be served.
132ZB	Court may issue warrant for person’s arrest
	(1)	This section applies if—
	(a)	an application for an order for a person under this chapter has been made to the Magistrates Court; and
	(b)	a hearing will be held for the application; and
Note	A hearing is not required to register a corresponding prohibition order without amendment (see s 132N).
	(c)	the court is satisfied that the person has been served with a copy of the application under section 132Z (Service of applications).
	(2)	If the Magistrates Court considers it appropriate, the court may—
	(a)	issue a warrant for the person to be arrested and brought before the court; and
	(b)	adjourn the hearing of the application until the person is brought before the court.
132ZC	Giving copy of order to person not before court
	(1)	This section applies if—
	(a)	the Magistrates Court makes an order for a person under this chapter on hearing the application for the order; and
Note	A hearing is not required to register a corresponding prohibition order without amendment (see s 132N).
	(b)	the person is not before the court when the order is made.
	(2)	A police officer must personally serve on the person—
	(a)	a copy of the order; and
	(b)	if the order is a prohibition order or interim prohibition order—a notice stating that, if a law of a foreign jurisdiction provides for registration of the order in the jurisdiction, the order may be registered in the jurisdiction.
	(3)	A failure to comply with this section in relation to an order revoking an order, or cancelling the registration of a registered corresponding prohibition order, does not affect the validity of the order.
132ZD	Giving copy of order for young person etc
	(1)	This section applies if—
	(a)	the Magistrates Court makes an order for a young person under this chapter on hearing the application for the order; and
Note	A hearing is not required to register a corresponding prohibition order without amendment (see s 132N).
	(b)	the order is likely to result in the young person needing to change where the person lives.
	(2)	The chief police officer must, as soon as practicable after the Magistrates Court makes the order, serve a copy of it on—
	(a)	if the young person lives with a person with parental responsibility for the young person—the person with parental responsibility; and
	(b)	if the CYP director‑general has long-term care responsibility or daily care responsibility (alone or shared with someone else) for the young person—the CYP director-general.
	(3)	A failure to comply with this section does not affect the validity of the order.
132ZE	Explaining orders if person before court
	(1)	This section applies if—
	(a)	the Magistrates Court makes an order for a person under this chapter on hearing the application for the order; and
Note	A hearing is not required to register a corresponding prohibition order without amendment (see s 132N).
	(b)	the person is before the court when the order is made.
	(2)	For an order, other than an order revoking or cancelling an order, the Magistrates Court must explain to the person—
	(a)	the purpose, terms and effect of the order; and
	(b)	any consequences that may follow if the person fails to comply with the order; and
	(c)	that, if a law of a foreign jurisdiction provides for registration of the order in the jurisdiction, the order may be registered in the jurisdiction.
	(3)	For an order revoking or cancelling an order, the Magistrates Court must explain to the person the effect of the order.
	(4)	The Magistrates Court must explain the matters mentioned in subsection (2) or (3) in language likely to be readily understood by the person.
	(5)	A failure to comply with this section does not affect the validity of the order.
132ZF	Explaining orders if person not before court
	(1)	This section applies if—
	(a)	the Magistrates Court makes an order for a person under this chapter on hearing the application for the order; and
Note	A hearing is not required to register a corresponding prohibition order without amendment (see s 132N).
	(b)	the person is not before the court when the order is made; and
	(c)	the chief police officer is required to personally serve a copy of the order on—
	(i)	the person; or
	(ii)	if the person is a young person—the person with parental responsibility for the young person.
	(2)	For an order, other than an order revoking or cancelling an order, the police officer serving the copy of the order must, as far as is practicable in the circumstances, explain to the person—
	(a)	the purpose, terms and effect of the order; and
	(b)	any consequences that may follow if the person against whom the order is made fails to comply with the order; and
	(c)	that, if a law of a foreign jurisdiction provides for registration of the order in the jurisdiction, the order may be registered in the jurisdiction.
	(3)	For an order revoking or cancelling an order, the police officer must, as far as is practicable in the circumstances, explain to the person the effect of the order.
	(4)	The police officer must explain the matters mentioned in subsection (2) or (3) in language likely to be readily understood by the person.
	(5)	A failure to comply with this section does not affect the validity of the order.
132ZG	Proceedings for orders to be closed to public
	(1)	This section applies in relation to a proceeding on an application for an order for a person (the relevant person) under this chapter.
	(2)	The application must be heard in the absence of the public.
	(3)	However, the Magistrates Court may, if it considers it appropriate, order that a person other than the relevant person, chief police officer or lawyer representing the relevant person or chief police officer may be present.

Part 5A.8	Offences
132ZH	Offences—prohibition of publication of identity
	(1)	A person commits an offence if the person—
	(a)	publishes protected identity information about a protected person in relation to a proceeding on an application for an order for the person under this chapter; and
	(b)	intentionally publishes the information.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person commits an offence if the person—
	(a)	publishes protected identity information about a protected person in relation to a proceeding on an application for an order for the person under this chapter; and
	(b)	is reckless about whether the information is protected identity information about the protected person.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	It is a defence to a prosecution for an offence against this section if the protected person—
	(a)	is not a young person; and
	(b)	consented to the publication of the protected identity information about himself or herself before the publication happened.
Note	The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
	(4)	In this section:
protected identity information, about a protected person, means the following:
	(a)	the person’s name;
	(b)	information about the private, business or official address, email address or telephone number of the person, or that would allow those contact details to be worked out;
	(c)	information that discloses the identity of the person, or would allow the identity of the person to be worked out.
protected person, in relation to a proceeding on an application for an order for a person under this chapter, means—
	(a)	the person; or
	(b)	a victim of a registrable offence committed by the person; or
	(c)	a person mentioned in the proceeding as a person at risk (however described) because of conduct that is proposed to be, or is, prohibited under the order.
publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.  
Note	The Criminal Code includes an offence for publishing identifying information about children or young people the subject of a childrens proceeding (see s 712A).
132ZI	Offence—contravention of prohibition order etc
	(1)	A person commits an offence if––
	(a)	a prohibition order or interim prohibition order is in force for a person; and
	(b)	the person contravenes the order; and
	(c)	the person is reckless about whether the person is contravening the order.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
	(2)	Subsection (1) does not apply to a person if the person has a reasonable excuse for contravening the order.
Note 1	The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Note 2	For the matters relevant to the defence of reasonable excuse under this section, see s 132ZK.
132ZJ	Offence—contravention of registered corresponding prohibition order
	(1)	A person commits an offence if––
	(a)	a registered corresponding prohibition order is in force for a person; and
	(b)	the person contravenes the registered corresponding prohibition order; and
	(c)	the person is reckless about whether the person is contravening the registered corresponding prohibition order.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
	(2)	Subsection (1) does not apply to a person if the person has a reasonable excuse for contravening the registered corresponding prohibition order.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
132ZK	Matters relevant to reasonable excuse defence
In deciding whether a person has a reasonable excuse for contravening a prohibition order or interim prohibition order under section 132ZI, or a registered corresponding prohibition order under section 132ZJ, the court must have regard to the following:
	(a)	the person’s age;
	(b)	whether the person had, at the time of the contravention, a disability that affected the person’s ability to understand, or to comply with, the order;
	(c)	whether the form of notice given to the person about the order was adequate to tell the person about the person’s obligations under the order, having regard to the person’s circumstances;
	(d)	any other matter the court considers appropriate.

Part 5A.9	Obtaining and disclosing particular information
132ZL	Meaning of government agency—pt 5A.9
In this part:
government agency means—
	(a)	an administrative unit; or
	(b)	a territory instrumentality; or
	(c)	a statutory office-holder and the staff required to assist the statutory office-holder.
132ZM	Chief police officer may require information about person
	(1)	This section applies if the chief police officer is considering making an application for an order for a person that may be made under this chapter.
	(2)	The chief police officer may direct a government agency in writing to give the chief police officer any information—
	(a)	held by the government agency; and
	(b)	that the chief police officer considers to be reasonably necessary to assess whether the person poses a risk to the lives or sexual safety of 1 or more children, or of children generally.
	(3)	The direction must state the day by which the information must be given.
	(4)	The government agency must give the chief police officer the information sought in the direction.
Note	The Legislation Act, s 171 deals with the application of client legal privilege.
	(5)	However, the government agency need not give personal health information in a health record under the Health Records (Privacy and Access) Act 1997.
Note	See the Health Records (Privacy and Access) Act 1997, privacy principle 10 for the limits on disclosure of personal health information. In particular, a record keeper may disclose a personal health record if the record keeper believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent risk to the life or physical, mental or emotional health of someone.
132ZN	Chief police officer may give information about order to prescribed entities
	(1)	The chief police officer may give a prescribed entity the following information about an order for a person under this chapter:
	(a)	the person’s name and date of birth;
	(b)	the term of the order;
	(c)	the conduct by the person that the order prohibits;
	(d)	anything else the chief police officer reasonably considers is necessary to allow the prescribed entity to identify the person to ensure the safety of—
	(i)	a child or children in the prescribed entity’s care; or
	(ii)	the person.
Example
a photograph of the  person
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	If the chief police officer gives information under this section about an order to a prescribed entity and the order is later amended or revoked, or registration cancelled, the chief police officer must give the prescribed entity written notice of the amendment, revocation or cancellation as soon as practicable.
	(3)	In giving information to a prescribed entity under this section, the chief police officer must tell the entity, in writing, about the person’s obligations under section 132ZP (Offence—prescribed entities and people with parental responsibility to keep information secret).
	(4)	In this section:
prescribed entity means an entity prescribed by regulation.
132ZO	Chief police officer may give information about order to person with parental responsibility for child at risk
	(1)	The chief police officer may give information about an order for a person under this chapter to a person who has parental responsibility for a child or children protected by the order.
	(2)	However, the chief police officer must only give information under subsection (1) if the officer considers on reasonable grounds that it is necessary and appropriate to reduce a risk to the lives or sexual safety of the child or children.
	(3)	In giving information to a person under this section, the chief police officer must tell the person, in writing, about the person’s obligations under section 132ZP (Offence—prescribed entities and people with parental responsibility to keep information secret).
132ZP	Offence—prescribed entities and people with parental responsibility to keep information secret
	(1)	In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
divulge includes communicate.
person to whom this section applies means—
	(a)	an entity to whom information (protected information) is given under section 132ZN (Chief police officer may give information about order to prescribed entities); or
	(b)	a person to whom information (also protected information) is given under section 132ZO (Chief police officer may give information about order to person with parental responsibility for child at risk).
produce includes allow access to.
	(2)	A person to whom this section applies commits an offence if—
	(a)	the person—
	(i)	makes a record of protected information about someone else; and
	(ii)	is reckless about whether the information is protected information about someone else; or
	(b)	the person—
	(i)	does something that divulges protected information about someone else; and
	(ii)	is reckless about whether—
	(A)	the information is protected information about someone else; and
	(B)	doing the thing would result in the information being divulged to someone else.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	Subsection (2) does not apply if the record is made, or the protected information is divulged, under this Act or another territory law.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
	(4)	Subsection (2) does not apply to the divulging of protected information about a person by a prescribed entity to a staff member of the entity to allow the staff member to identify the person to ensure the safety of—
	(a)	a child or children in the entity’s care; or
	(b)	the person.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
	(5)	Subsection (2) does not apply to the divulging of protected information about a person with the person’s consent.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
	(6)	Subsection (2) does not apply if the protected information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (6) (see Criminal Code, s 58).
	(7)	A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.
132ZQ	CYP director-general to be given information about young person
	(1)	This section applies if the CYP director‑general is asked for a CYP director-general’s report for a young person.
	(2)	The CYP director‑general may ask a government agency in writing to give the CYP director‑general any information—
	(a)	held by the government agency; and
	(b)	relevant for the report.
	(3)	The request must state the day by which the information is to be given.
	(4)	The government agency must give the CYP director‑general the information requested.
Note	The Legislation Act, s 171 deals with the application of client legal privilege.
	(5)	However, the government agency need not give personal health information in a health record under the Health Records (Privacy and Access) Act 1997.
Note	See the Health Records (Privacy and Access) Act 1997, privacy principle 10 for the limits on disclosure of personal health information. In particular, a record keeper may disclose a personal health record if the record keeper believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent risk to the life or physical, mental or emotional health of someone.
132ZR	Certain material may be kept
	(1)	This section applies if the following (the relevant material) has been obtained by the chief police officer in relation to an order for a person under this chapter:
	(a)	copies of documents;
	(b)	fingerprints;
	(c)	photographs.
	(2)	The chief police officer may, during the person’s reporting period, keep the relevant material for law enforcement, crime prevention or child protection purposes.
	(3)	At the end of the person’s reporting period, the chief police officer must ensure that any item of relevant information is destroyed.

Part 5A.10	Appeals to Supreme Court
132ZS	Meaning of appealable decision—pt 5A.10
In this part:
appealable decision means a decision of the Magistrates Court to—
	(a)	make or refuse to make a prohibition order; or
	(b)	make or refuse to make an order amending or revoking a prohibition order; or
	(c)	register or refuse to register a corresponding prohibition order, including an order amended under section 132P; or
	(d)	make or refuse to make an order amending or cancelling the registration of a registered corresponding prohibition order.
132ZT	Appeals to Supreme Court
	(1)	A person may appeal to the Supreme Court against an appealable decision if the person was a party to the proceeding in which the decision was made.
	(2)	The person must file a notice of appeal (the notice of appeal) with the Supreme Court not later than 21 days after—
	(a)	if the appealable decision is the registration of a corresponding prohibition order under section 132N—the day the registration notice is served on the person against whom the corresponding prohibition order is made; or
	(b)	if the appealable decision is another order for a person under this chapter and the person was not before the court when the order was made—the day the order was served on the person against whom the order was made; or
	(c)	in any other case—the day the appealable decision is made.
	(3)	However, the Supreme Court may allow a person to file a notice of appeal after the period mentioned in subsection (2) if satisfied that it is appropriate to do so.
Note	See the Court Procedures Rules 2006, pt 5.3 (Appeals to Supreme Court).
132ZU	Powers of Supreme Court on appeal
On an appeal, the Supreme Court may—
	(a)	confirm, reverse or amend the appealable decision appealed from; or
	(b)	make the decision or order that, in all the circumstances, it considers appropriate; or
	(c)	refuse to make an order; or
	(d)	set aside the appealable decision appealed from, completely or partly, and remit the proceedings to the Magistrates Court for further hearing, subject to the directions the Supreme Court considers appropriate.

Chapter 6	Miscellaneous
    
133	Approved forms
	(1)	The director‑general may approve forms for this Act.
	(2)	If the director‑general approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
133A	Offence—secrecy
	(1)	In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
divulge includes communicate.
person to whom this section applies means a person who exercises, or has exercised, a function under this Act.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.
	(2)	A person to whom this section applies commits an offence if—
	(a)	the person—
	(i)	makes a record of protected information about someone else; and
	(ii)	is reckless about whether the information is protected information about someone else; or
	(b)	the person—
	(i)	does something that divulges protected information about someone else; and
	(ii)	is reckless about whether—
	(A)	the information is protected information about someone else; and
	(B)	doing the thing would result in the information being divulged to someone else.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	Subsection (2) does not apply if the record is made, or the information is divulged—
	(a)	under this Act or another territory law; or
	(b)	in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.
	(4)	Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.
	(5)	Subsection (2) does not apply if the information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.
	(6)	A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.
133B	Offence—failure to tell chief police officer about application to change offender’s name 
	(1)	A person commits an offence if the person—
	(a)	applies under a relevant law to change the name of a registrable offender; and
	(b)	fails to tell the chief police officer in writing about the application not later than 2 days after the day the person makes the application.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
	(2)	In this section:
relevant law means—
	(a)	the Births, Deaths and Marriages Registration Act 1997, part 3 (Change of name); or
	(b)	a law of a State or external territory that corresponds (or substantially corresponds) to the Births, Deaths and Marriages Registration Act 1997, part 3.
134	Protection from liability
	(1)	A person is not personally liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the act was in the exercise of a function under this Act.
Note	The dictionary defines act to include omission.
	(2)	Any civil liability that would, apart from subsection (1), attach to a person attaches instead to the Territory.
135	Effect of spent convictions
	(1)	The fact that an offence for which a registrable offender has been found guilty becomes spent does not affect—
	(a)	the status of the offence as a registrable offence for this Act for the offender; or
	(b)	a reporting obligation of the offender.
	(2)	For this section, an offence becomes spent if, under a law in any jurisdiction, the registrable offender is permitted to not disclose the fact that the person was convicted or found guilty of the offence.
	(3)	This section does not limit the effect of the Spent Convictions Act 2000, section 11 (2) (Which convictions can become spent?).
136	Evidentiary certificates
	(1)	In a proceeding under this Act, a certificate signed by the chief police officer, or a police officer holding a position designated in writing by the chief police officer for this section, certifying that the child sex offenders register at a particular day contained information stated in the certificate is evidence, and in the absence of evidence to the contrary is proof, of the details stated in the certificate.
	(2)	In a proceeding under this Act, a certificate signed by the chief police officer, or a police officer holding a position designated in writing by the chief police officer for this section, certifying that the child sex offenders register indicated that, during a particular period, a stated person failed to provide information as required by this Act is evidence, and in the absence of evidence to the contrary is proof, of the details stated in the certificate.
	(3)	For this Act, a certificate that would be evidence under a corresponding law that at a stated time, or during a stated period, a person was required to report to a corresponding registrar under the Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate.
137	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may make provision in relation to the following:
	(a)	matters incidental to the making of reports under chapter 3 (Reporting), including—
	(i)	how a report must be made; and
	(ii)	the verifying documentation or evidence to be provided in support of a report; and
	(iii)	requiring that a report contain additional information to that required by the chapter;
	(b)	the form of, or the information to be included in, a notice or other document required to be given to registrable offenders;
	(c)	how the child sex offenders register is to be established and maintained, including how information is to be entered in the register;
	(d)	the exchange of information about registrable offenders between the chief police officer and corresponding registrars of foreign jurisdictions, including arrangements between the Territory and foreign jurisdictions for accessing information in the child sex offenders register and registers maintained under corresponding laws;
	(e)	requiring or permitting the chief police officer to remove information from the child sex offenders register;
	(f)	telling registrable offenders about reporting obligations, including the following:
	(i)	how the information is to be given to offenders;
	(ii)	permitting the person telling an offender to ask the offender to acknowledge being given the notice;
	(iii)	making special provision for telling offenders who are young people or who have disabilities or other special needs;
	(iv)	permitting or requiring an entity to be told about a registrable offender’s status as a young person or person with a disability or other special need, including to facilitate notifying and reporting;
	(v)	providing for notice to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand the offender’s reporting obligations or the consequences of failing to comply with the reporting obligations;
	(vi)	requiring an offender to be given additional information to that required by this Act;
	(vii)	requiring an entity to provide information to offenders about their reporting obligations;
	(viii)	requiring an entity to tell the chief police officer—
	(A)	that an offender has left the custody or control of the entity; or
	(B)	that the entity has given stated information to an offender; or
	(C)	that, in the entity’s opinion, an offender does or does not have the legal capacity to understand information;
	(ix)	requiring an entity to give the chief police officer an acknowledgment by an offender of the receipt of a notice or other information that is held by the entity; 
	(g)	authorising the chief police officer to give directions about the police stations that are to be used as a place for making reports;
	(h)	providing that a police station is not to be used as a place for making reports without the consent of the chief police officer;
	(i)	requiring an entity to create records for this Act and to keep the records;
	(j)	prescribing a person as a prescribed corresponding offender for this Act;
	(k)	declaring that an order (however described) made under a corresponding law is a corresponding child sex offender registration order for this Act.
	(3)	A regulation—
	(a)	may provide for the exemption of people or things from a provision of a regulation, whether unconditionally or on stated conditions, and either completely or to a stated extent; and
	(b)	may create offences and fix maximum penalties of not more than 20 penalty units for the offences.

Schedule 1	Class 1 offences
(see s 10 (2))
Part 1.1	Offences against ACT legislation

column 1
item	column 2
offence	column 3
description	column 4
circumstances (if any)	
1	Crimes Act 1900, any offence		the offence involved sexual intercourse (as defined in the Crimes Act 1900, section 50) with a child	
2	Crimes Act 1900, section 12 (2)	murder	(a)	the other person is a child; and
(b)	the person committed the murder in the course of, or immediately after, the commission or attempted commission by the person (or an accomplice of the person) of a class 1 or class 2 offence against the child	
3	Crimes Act 1900, section 51 (1)	sexual assault in the first degree	(a)	the other person (as mentioned in that section) is a child; or
(b)	the third person (as mentioned in that section) is a child	
4	Crimes Act 1900, section 51 (2)	sexual assault in the first degree	(a)	the third person (as mentioned in that section) is a child; or
(b)	the other person who is present or nearby (as mentioned in that section) is a child	
5	Crimes Act 1900, section 52 (1)	sexual assault in the second degree	(a)	the other person (as mentioned in that section) is a child; or
(b)	the third person (as mentioned in that section) is a child	
6	Crimes Act 1900, section 52 (2)	sexual assault in the second degree	(a)	the third person (as mentioned in that section) is a child; or
(b)	the other person who is present or nearby (as mentioned in that section) is a child	
7	Crimes Act 1900, section 53 (1)	sexual assault in the third degree	(a)	the other person (as mentioned in that section) is a child; or
(b)	the third person (as mentioned in that section) is a child	
8	Crimes Act 1900, section 53 (2)	sexual assault in the third degree	(a)	the third person (as mentioned in that section) is a child; or
(b)	the other person who is present or nearby (as mentioned in that section) is a child	
9	Crimes Act 1900, section 55 (1)	sexual intercourse with young person		
10	Crimes Act 1900, section 55 (2)	sexual intercourse with young person		
11	Crimes Act 1900, section 55A (1)	sexual intercourse with young person under special care		
12	Crimes Act 1900, section 56 (2)	maintaining a sexual relationship with young person		
13	Crimes Act 1900, section 57	act of indecency in the first degree	(a)	the other person (as mentioned in that section) is a child; or
(b)	the third person (as mentioned in that section) is a child	

Part 1.2	Offences against other legislation

column 1
item	column 2
offence	column 3
description	column 4
circumstances (if any)	
1	Criminal Code Act 1995 (Cwlth) section 270.6 (1)	sexual servitude	the other person (as mentioned in that section) is a child	
2	Criminal Code Act 1995 (Cwlth) section 270.6 (2)	sexual servitude	the other person (as mentioned in that section) is a child	
3	Criminal Code Act 1995 (Cwlth), section 272.8 (1)	sexual intercourse with child outside Australia		
4	Criminal Code Act 1995 (Cwlth), section 272.8 (2)	cause child to engage in sexual intercourse in presence of defendant outside Australia		
5	Criminal Code Act 1995 (Cwlth), section 272.10	offence against Criminal Code (Cwlth), section 272.8 or section 272.9 involving child with mental impairment or under care, supervision or authority of defendant		
6	Criminal Code Act 1995 (Cwlth), section 272.11	persistent sexual abuse of child outside Australia		
7	Criminal Code Act 1995 (Cwlth), section 272.12	sexual intercourse with young person  outside Australia by defendant in position of trust or authority		
8	Criminal Code Act 1995 (Cwlth), section 272.18	benefit from offence against Criminal Code (Cwlth), division 272		
9	Criminal Code Act 1995 (Cwlth), section 272.19	encourage offence against Criminal Code (Cwlth), division 272		
10	any offence under a law of a foreign jurisdiction that, if it had been committed in the ACT, would have been a class 1 offence			

Schedule 2	Class 2 offences
(see s 10 (3))
Part 2.1	Offences against ACT legislation

column 1
item	column 2
offence	column 3
description	column 4
circumstances (if any)	
1	Crimes Act 1900, section 58	act of indecency in the second degree	(a)	the other person (as mentioned in that section) is a child; or
(b)	the third person (as mentioned in that section) is a child	
2	Crimes Act 1900, section 59	act of indecency in the third degree	(a)	the other person (as mentioned in that section) is a child; or
(b)	the third person (as mentioned in that section) is a child	
3	Crimes Act 1900, section 61 (1)	act of indecency with young person		
4	Crimes Act 1900, section 61 (2)	act of indecency with young person		
5	Crimes Act 1900, section 61A (1)	act of indecency with young person under special care		
6	Crimes Act 1900, section 63	abduction	(a)	the other person (as mentioned in that section) or the third person (as mentioned in that section) is a child; and
(b)	the person committed the abduction in the course of, or immediately after, the commission or attempted commission by the person (or an accomplice of the person) of a class 1 or class 2 offence against the child or the third person	
7	Crimes Act 1900, section 64 (1)	using child for production of child pornography etc		
8	Crimes Act 1900, section 64 (3)	using child for production of child pornography etc		
9	Crimes Act 1900, section 64A (1)	trading in child pornography		
10	Crimes Act 1900, section 65 (1)	possessing child pornography		
11	Crimes Act 1900, section 66 (1)	using the internet etc to deprave young person		
12	Crimes Act 1900, section 66 (2)	using the internet etc to deprave young person		
13	Prostitution Act 1992 section 19 (2)	accosting child for commercial sexual services		
14	Prostitution Act 1992 section 20 (1)	causing child under 12 to provide commercial sexual services		
15	Prostitution Act 1992 section 20 (3)	causing child 12 or older to provide commercial sexual services		
16	Prostitution Act 1992 section 21 (1)	proceeds of child prostitution		

Part 2.2	Offences against other legislation

column 1
item	column 2
offence	column 3
description	column 4
circumstances (if any)	
1	Criminal Code Act 1995 (Cwlth) section 270.7 (1) and section 270.8 (1)	deceptive recruiting for sexual services	aggravated offence	
2	Criminal Code Act 1995 (Cwlth), section 271.4 (1) or (2)	trafficking in children	the first person (as mentioned in the subsection) intends or is reckless as to whether the other person (as mentioned in the subsection) will be used to provide sexual services or will be otherwise exploited for sexual services	
3	Criminal Code Act 1995 (Cwlth), section 271.7 (1)	domestic trafficking in children	the first person (as mentioned in the subsection) intends or is reckless as to whether the other person (as mentioned in the subsection) will be used to provide sexual services or will be otherwise exploited for sexual services	
4	Criminal Code Act 1995 (Cwlth), section 272.9 (1)	sexual activity (other than sexual intercourse) with child outside Australia		
5	Criminal Code Act 1995 (Cwlth), section 272.9 (2)	cause child to engage in sexual activity (other than sexual intercourse) in presence of defendant outside Australia		
6	Criminal Code Act 1995 (Cwlth), section 272.13 (1)	sexual activity (other than sexual intercourse) with young person outside Australia, and defendant in position of trust or authority		
7	Criminal Code Act 1995 (Cwlth), section 272.13 (2)	causing young person to engage in sexual activity (other than sexual intercourse) in presence of defendant outside Australia, and defendant in position of trust or authority		
8	Criminal Code Act 1995 (Cwlth), section 272.14 (1)	procure child to engage in sexual activity outside Australia		
9	Criminal Code Act 1995 (Cwlth), section 272.15 (1)	groom child for sexual activity outside Australia		
10	Criminal Code Act 1995(Cwlth), section 272.20 (1)	prepare or plan offence against Criminal Code (Cwlth), section 272.8, 272.9, 272.10, 272.11 or 272.18 		
11	Criminal Code Act 1995 (Cwlth), section 272.20 (2)	prepare or plan offence against Criminal Code (Cwlth), section 272.12 or section 272.13		
12	Criminal Code Act 1995 (Cwlth), section 273.5 (1)	possess, control, produce, distribute or obtain child pornography material outside Australia		
13	Criminal Code Act 1995 (Cwlth), section 273.6 (1)	possess, control, produce, distribute or obtain child abuse material outside Australia		
14	Criminal Code Act 1995 (Cwlth), section 273.7 (1)	commit offence against Criminal Code (Cwlth), section 273.5 or section 273.6 on 3 or more occasions, and involving 2 or more people 		
15	Criminal Code Act 1995 (Cwlth), section 471.16	use postal service for child pornography material		
16	Criminal Code Act 1995 (Cwlth), section 471.17 (1)	possess, control, produce, supply or obtain child pornography material for use through postal service		
17	Criminal Code Act 1995 (Cwlth), section 471.19	use postal service for child abuse material		
18	Criminal Code Act 1995 (Cwlth), section 471.20 (1)	possess, control, produce, supply or obtain child abuse material for use through postal service		
19	Criminal Code Act 1995 (Cwlth), section 471.22 (1)	commit offence against Criminal Code (Cwlth), section 471.16, 471.17, 471.19 or 471.20 on 3 or more occasions, and involving 2 or more people		
20	Criminal Code Act 1995 (Cwlth), section 471.24	use postal service to procure sexual activity with person under 16 years old		
21	Criminal Code Act 1995 (Cwlth), section 471.25	use postal service to groom person under 16 years old for sexual activity		
22	Criminal Code Act 1995 (Cwlth), section 471.26 (1)	use postal service to send indecent material to person under 16 years old		
23	Criminal Code Act 1995 (Cwlth), section 474.19 (1)	use carriage service for child pornography material		
24	Criminal Code Act 1995 (Cwlth), section 474.20 (1)	possess, control, produce, supply or obtain child pornography material for use through carriage service		
25	Criminal Code Act 1995 (Cwlth), section 474.22 (1)	use carriage service for child abuse material		
26	Criminal Code Act 1995 (Cwlth), section 474.23 (1)	possess, control, produce, supply or obtain child abuse material for use through carriage service		
27	Criminal Code Act 1995 (Cwlth), section 474.24A (1)	commit offence against Criminal Code (Cwlth), section 474.19, 474.20, 474.22 or 474.23 on 3 or more occasions, and involving 2 or more people		
28	Criminal Code Act 1995 (Cwlth), section 474.25A (1)	use carriage service to engage in sexual activity with child under 16 years old, and person at least 18 years old		
29	Criminal Code Act 1995 (Cwlth), section 474.25A (2)	use carriage service to cause child under 16 years old to engage in sexual activity with person at least 18 years old		
30	Criminal Code Act 1995 (Cwlth), section 474.25B (1)	commit offence against Criminal Code (Cwlth), section 474.25A (1) or section 474.25A (2) involving child with mental impairment or under care, supervision or authority of defendant		
31	Criminal Code Act 1995 (Cwlth), section 474.26 (1), (2) or (3)	using carriage service to procure child under 16		
32	Criminal Code Act 1995 (Cwlth), section 474.27 (1) (2) or (3)	using carriage service to ‘groom’ child under 16		
33	Criminal Code Act 1995 (Cwlth), section 474.27A (1)	use carriage service to transmit indecent communication to person under 16 years old		
34	Customs Act 1901 (Cwlth) section 233BAB (5)	importing tier 2 goods	the tier 2 goods are items of child pornography or child abuse material (see section 233BAB (1) (h))	
35	Customs Act 1901 (Cwlth) section 233BAB (6)	exporting tier 2 goods	the tier 2 goods are items of child pornography or child abuse material (see section 233BAB (1) (h))	
36	any offence under a law of a foreign jurisdiction that, if it had been committed in the ACT, would have been a class 2 offence			

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	ACT
·	administrative unit
·	Australia
·	Australian driver licence
·	change
·	chief police officer
·	child
·	director‑general (see s 163)
·	entity
·	external territory
·	fail
·	function
·	parent
·	police officer
·	prescribed
·	reviewable decision notice
·	State
·	statutory office-holder
·	territory instrumentality.
act includes omission.
appealable decision, for part 5A.10 (Appeals to Supreme Court)—see section 132ZS.
application, for an order for a person, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
approved reporting place, for a registrable offender, for a report—see section 64.
approved way, for the making of a report—see section 63.
child-related employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 124.
child sex offender registration order—see section 14.
child sex offenders register—see section 117.
class 1 offence—see section 10 (2).
class 2 offence—see section 10 (3).
community service order means a community service order within the meaning of the Crimes (Sentencing) Act 2005, section 13 (6) (Good behaviour orders).
conduct, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
contact person—see section 33.
corresponding child sex offender registration order means an order (however described)—
	(a)	made under a corresponding law; and
	(b)	prescribed by regulation for this definition.
corresponding law means a law, or a provision of a law, of a foreign jurisdiction that—
	(a)	provides for people who have committed particular offences to report in that jurisdiction information about themselves and to keep that information current for a time; or
	(b)	is prescribed by regulation for this definition.
corresponding prohibition order, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
corresponding registrable offence means an offence that is a registrable offence for a corresponding law but is not a registrable offence under this Act.
corresponding registrar, for a foreign jurisdiction, means the entity exercising functions under the corresponding law of the jurisdiction that corresponds, or most closely corresponds, to the functions of the chief police officer under this Act.
court includes a court (however described) of a foreign jurisdiction.
CYP director‑general, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
CYP director‑general’s report, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
daily care responsibility, for chapter 5A (Orders prohibiting offender conduct)—see the Children and Young People Act 2008, section 19.
disability—see Discrimination Act 1991, section 5AA (1).
employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 123.
engaged, in child-related employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 125.
fingerprints includes fingerscan.
fingerscan means fingerprints taken using a device to obtain a record of the fingerprints.
finding of guilt—see section 7.
foreign jurisdiction means a jurisdiction other than the ACT (including a jurisdiction outside Australia).
forensic patient—see the Public Advocate Act 2005, dictionary.
government agency, for part 5A.9 (Obtaining and disclosing particular information)—see section 132ZL. 
government custody means custody, whether in the ACT or elsewhere—
	(a)	under a sentence of imprisonment; or
	(b)	as a detainee under the Corrections Management Act 2007; or
	(c)	as a forensic patient; or
	(d)	under a corresponding law in the nature of custody mentioned in paragraph (a), (b) or (c), however described.
in person—a person does a thing in person at a place only if the person does the thing by personally attending at the place.
Examples of things not done in person
a person making a report by telephone or email
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
interim prohibition order, for chapter 5A (Orders prohibiting offender conduct)—see section 132H (Court may make interim prohibition order).
long-term care responsibility, for chapter 5A (Orders prohibiting offender conduct)—see the Children and Young People Act 2008, section 20.
make, an order for a person under this chapter, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
offender’s reporting month, for a registrable offender—see section 37 (Offence—offender must report annually).
parental responsibility, for a child or young person, for chapter 5A (Orders prohibiting offender conduct)—see the Children and Young People Act 2008, section 15.
parole means parole under the Crimes (Sentence Administration) Act 2005, and includes an equivalent order (however described) made under a foreign law.
Note	A parole order under the Rehabilitation of Offenders (Interim) Act 2001 (repealed) is taken to be a parole order under the Crimes (Sentence Administration) Act 2005 (see that Act, s 343 and s 344).
personal details, for a registrable offender—see s 59.
personal information means information about an individual whose identity is apparent, or can reasonably be found out, from the information.
person with a legal disability, for part 5A.6 (People with legal disabilities)—see section 132T.
person with a mental disability, for part 5A.6 (People with legal disabilities)—see section 132T.
person with parental responsibility, for a young person—means a person who has parental responsibility for the young person under the Children and Young People Act 2008, division 1.3.2.
prescribed corresponding offender—see section 11.
prohibition order, for chapter 5A (Orders prohibiting offender conduct)—see section 132D (Court may make prohibition order).
protected registrable offender—see section 110.
protected registrable offender declaration—see section 111 (a).
recognised foreign reporting period, for a prescribed corresponding offender—see section 11.
registered corresponding prohibition order, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
registrable offence—see section 10.
registrable offender—see section 8 and section 9.
registration notice, for chapter 5A (Orders prohibiting offender conduct)—see section 132O (Notice of registration of unamended corresponding prohibition order).
reporting obligation—see section 19.
reporting obligations notice—see section 103.
reporting offence—see section 20.
reporting offence provision—see section 20.
reporting period, for a registrable offender, means the period, worked out under part 3.5 (Reporting period), during which the offender must comply with the offender’s reporting obligations.
return date, for an application, for chapter 5A (Orders prohibiting offender conduct)—see section 132A.
same incident—offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person.
sentence means—
	(a)	when used as a noun—the penalty imposed for an offence; or
	(b)	when used as a verb—to impose a penalty for an offence;
and includes a finding of guilt mentioned in section 7 (1) (c) or (e).
supervising authority, for a person, means the entity declared by regulation to be the person’s supervising authority.
suspension order—see section 96.
travel details, for travel by a registrable offender—see section 42 (c).
unprotected registrable offender declaration—see section 111 (b).
witness protection program—see the Witness Protection Act 1996, dictionary.
young person means a person who is not yet an adult.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

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

3	Legislation history
Crimes (Child Sex Offenders) Act 2005 A2005-30
notified LR 29 June 2005
s 1, s 2 commenced 29 June 2005 (LA s 75 (1))
remainder commenced 29 December 2005 (s 2 and LA s 79)
as amended by
Public Advocate Act 2005 A2005-47 sch 1 pt 1.3 (as am by A2006‑3 amdt 1.8)
notified LR 2 September 2005
s 1, s 2 commenced 2 September 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 March 2006 (s 2 (1) as am by A2006‑3 amdt 1.8)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.11
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.11 commenced 29 December 2005 (LA s 79A and see A2005-30)
Human Rights Commission Legislation Amendment Act 2006 A2006‑3 amdt 1.8
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.8 commenced 23 February 2006 (s 2)
Note	This Act only amends the Public Advocate Act 2005 A2005-47
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.8
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.8 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.8
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.8 commenced 16 November 2006 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.7
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 July 2007 (s 2 and CN2007-3)
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 2 pt 2.6, sch 3 pt 3.7, sch 4 pt 4.8
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.6 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 3 pt 3.7 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 4 pt 4.8 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.19
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.19 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.26
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.26 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Crimes (Child Sex Offenders) Amendment Act 2010 A2010-45
notified LR 24 November 2010
s 1, s 2 commenced 24 November 2010 (LA s 75 (1))
remainder commenced 25 November 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.41
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.41 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.15
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.15 commenced 12 December 2011 (s 2)
Crimes (Child Sex Offenders) Amendment Act 2012 A2012-20
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
remainder commenced 13 September 2012 (s 2 and CN2012-15)
Crimes Legislation Amendment Act 2012 A2013-12 pt 3
notified LR 17 April 2013
s 1, s 2 commenced 17 April 2013 (LA s 75 (1))
pt 3 commenced 24 April 2013 (s 2)

4	Amendment history
Commencement
s 2	om LA s 89 (4)
Dictionary
s 3	am A2006‑42 amdt 3.27
Purpose and outline
s 6	am A2012‑20 s 4, s 5; pars renum R17 LA
Meaning of finding of guilt
s 7	am A2006‑23 amdts 1.80-1.83; A2008‑20 amdt 4.21, amdt 4.22; pars renum R12 LA
Registrable offender—exceptions
s 9	am A2006‑23 amdt 1.84, amdt 1.85; A2008‑20 amdt 4.23, amdt 4.24; pars renum R12 LA
	(1) (a) (i) note, (4) exp 3 June 2021 (s 9 (4))
Court may only make order with sentence
s 17	am A2008‑20 amdt 4.25
What is a reporting offence?
s 20	am A2012‑20 s 6
	note 2 exp 13 September 2013 (s 205)
Offence—offender in ACT at commencement of Act must report
s 21	exp 29 December 2007 (s 21 (2))
Offence—offender in custody at commencement of Act must report
s 22	am A2012‑20 s 30
Offence—offender must report after sentencing
s 23	am A2012‑20 s 7, s 8, s 30
Offence—offender entering ACT must report
s 24	am A2012‑20 s 30
Offence—prescribed corresponding offender must report
s 25	am A2012‑20 s 30
Offence—offender later sentenced for registrable offence must report
s 28	am A2012‑20 s 30
Offence—offender who later becomes prescribed corresponding offender must report
s 29	am A2012‑20 s 30
Offence—offender whose reporting suspension ceases must report
s 30	am A2012‑20 s 30
Offence—offender entering ACT must make contact
s 34	am A2012‑20 s 30
Offence—offender must report annually
s 37	am A2012‑20 s 30
Offence—offender leaving ACT must report travel details
s 42	am A2012‑20 s 30
Offence—offender outside ACT must report travel details
s 45	am A2012‑20 s 30
Offence—offender outside ACT must report change of travel details
s 46	am A2012‑20 s 30
Offence—offender must report return to ACT
s 47	am A2012‑20 s 9, s 30
Offence—offender must report decision not to leave ACT
s 48	am A2012‑20 s 30
Offence—offender must report regular travel
s 49	am A2012‑20 s 30
Offence—offender in ACT must report change of details
s 54	am A2012‑20 ss 10-12, s 30
Offence—offender returning to ACT must report change of details
s 55	am A2012‑20 s 13, s 30
Offence—offender leaving custody must report
s 56	am A2012‑20 s 30
What are personal details?
s 59	am A2012‑20 ss 14-16
Meaning of some concepts in s 59
s 60	am A2012‑20 s 17
Offence—offender reporting in person must provide identification etc
s 70	am A2012‑20 s 30
Offence—person reporting in person for offender must provide identification
s 71	am A2012‑20 s 30
Offender reporting in person may be fingerprinted to confirm identity
s 75	am A2008‑28 amdt 3.74
Offence—offender must allow fingerprinting
s 77	am A2012‑20 s 30
When reporting period begins
s 83	am A2012‑20 s 18
Reporting obligations notice to be given when person becomes registrable offender
s 104	am A2012‑20 s 19; pars renum R17 LA
Supervising authority to tell chief police officer of certain events
s 108	am A2006‑23 amdt 1.86, amdt 1.87
	(1) (c) note, (4) exp 3 June 2011 (s 108 (4))
	am A2012‑20 s 20; pars renum R17 LA
Review of unprotected registrable offender declaration
s 112	am A2008‑37 amdt 1.101
Chief police officer must tell offender about ACAT review
s 113	sub A2008‑37 amdt 1.102
ACAT review of chief police officer’s decision
s 114	sub A2008‑37 amdt 1.102
When protected and unprotected registrable offender declarations take effect
s 115	am A2008‑37 amdt 1.103
Establishment of child sex offenders register
s 117	am A2012‑20 s 21; pars renum R17 LA
Access to information about protected witnesses restricted
s 119	am A2006‑42 amdt 3.28
Offence—secrecy
s 121	reloc and renum as s 133A
What is child-related employment?
s 124	am A2007‑12 amdt 1.11, amdt 1.12; A2008‑20 amdt 2.17, amdt 4.26
Offence—person in child-related employment at commencement of Act must disclose charges
s 129	exp 29 December 2006 (s 129 (2))
Offence—person must disclose charges pending at commencement of Act if applying for child-related employment
s 131	exp 29 December 2006 (s 131 (2))
Orders prohibiting offender conduct
ch 5A hdg	ins A2012‑20 s 23
Preliminary
pt 5A.1 hdg	ins A2012‑20 s 23
Definitions—ch 5A
s 132A	ins A2012‑20 s 23
	def application ins A2012‑20 s 23
	def conduct ins A2012‑20 s 23
	def corresponding prohibition order ins A2012‑20 s 23
	def CYP director-general ins A2012‑20 s 23
	def CYP director general’s report ins A2012‑20 s 23
	def daily care responsibility ins A2012‑20 s 23
	def interim prohibition order ins A2012‑20 s 23
	def long-term care responsibility ins A2012‑20 s 23
	def make ins A2012‑20 s 23
	def parental responsibility ins A2012‑20 s 23
	def prohibition order ins A2012‑20 s 23
	def registered corresponding prohibition order ins A2012‑20 s 23
	def registration notice ins A2012‑20 s 23
	def return date ins A2012‑20 s 23
Prohibition orders
pt 5A.2 hdg	ins A2012‑20 s 23
Application for prohibition order
s 132B	ins A2012‑20 s 23
CYP director-general’s report
s 132C	ins A2012‑20 s 23
Court may make prohibition order
s 132D	ins A2012‑20 s 23
Matters court must consider before making prohibition order
s 132E	ins A2012‑20 s 23
Conduct that may be prohibited by prohibition order etc
s 132F	ins A2012‑20 s 23
Term of prohibition order
s 132G	ins A2012‑20 s 23
Interim prohibition orders
pt 5A.3 hdg	ins A2012‑20 s 23
Court may make interim prohibition order
s 132H	ins A2012‑20 s 23
Term of interim prohibition order
s 132I	ins A2012‑20 s 23
Extending interim prohibition order if application for prohibition order adjourned
s 132J	ins A2012‑20 s 23
Amending or revoking prohibition and interim prohibition orders
pt 5A.4 hdg	ins A2012‑20 s 23
Application to amend or revoke prohibition order or interim prohibition order
s 132K	ins A2012‑20 s 23
Court may amend or revoke prohibition order or interim prohibition order
s 132L	ins A2012‑20 s 23
Corresponding prohibition orders
pt 5A.5 hdg	ins A2012‑20 s 23
Application for registration of corresponding prohibition order
s 132M	ins A2012‑20 s 23
Registration of corresponding prohibition order—no amendment
s 132N	ins A2012‑20 s 23
Notice of registration of unamended corresponding prohibition order
s 132O	ins A2012‑20 s 23
Registration of corresponding prohibition order—with amendment
s 132P	ins A2012‑20 s 23
Term of registered corresponding prohibition order
s 132Q	ins A2012‑20 s 23
Application to amend or cancel registration of registered corresponding prohibition order
s 132R	ins A2012‑20 s 23
Court may amend or cancel registration of registered corresponding prohibition order
s 132S	ins A2012‑20 s 23
People with legal disabilities
pt 5A.6 hdg	ins A2012‑20 s 23
Definitions—pt 5A.6
s 132T	ins A2012‑20 s 23
	def person with a legal disability ins A2012‑20 s 23
	def person with a mental disability ins A2012‑20 s 23
Appointing litigation guardian for person with legal disability
s 132U	ins A2012‑20 s 23
Functions of litigation guardian
s 132V	ins A2012‑20 s 23
Removal of litigation guardian
s 132W	ins A2012‑20 s 23
Representation of parties with legal disability
s 132X	ins A2012‑20 s 23
Other provisions about orders prohibiting offender conduct
pt 5A.7 hdg	ins A2012‑20 s 23
Court sets return date
s 132Y	ins A2012‑20 s 23
Service of applications
s 132Z	ins A2012‑20 s 23
If personal service impractical or impossible
s 132ZA	ins A2012‑20 s 23
Court may issue warrant for person’s arrest
s 132ZB	ins A2012‑20 s 23
Giving copy of order to person not before court
s 132ZC	ins A2012‑20 s 23
Giving copy of order for young person etc
s 132ZD	ins A2012‑20 s 23
Explaining orders if person before court
s 132ZE	ins A2012‑20 s 23
Explaining orders if person not before court
s 132ZF	ins A2012‑20 s 23
Proceedings for orders to be closed to public
s 132ZG	ins A2012‑20 s 23
Offences
pt 5A.8 hdg	ins A2012‑20 s 23
Offences—prohibition of publication of identity
s 132ZH	ins A2012‑20 s 23
Offence—contravention of prohibition order etc
s 132ZI	ins A2012‑20 s 23
Offence—contravention of registered corresponding prohibition order
s 132ZJ	ins A2012‑20 s 23
Matters relevant to reasonable excuse defence
s 132ZK	ins A2012‑20 s 23
Obtaining and disclosing particular information
pt 5A.9 hdg	ins A2012‑20 s 23
Meaning of government agency—pt 5A.9
s 132ZL	ins A2012‑20 s 23
Chief police officer may require information about person
s 132ZM	ins A2012‑20 s 23
Chief police officer may give information about order to prescribed entities
s 132ZN	ins A2012‑20 s 23
Chief police officer may give information about order to person with parental responsibility for child at risk
s 132ZO	ins A2012‑20 s 23
Offence—prescribed entities and people with parental responsibility to keep information secret
s 132ZP	ins A2012‑20 s 23
CYP director-general to be given information about young person
s 132ZQ	ins A2012‑20 s 23
Certain material may be kept
s 132ZR	ins A2012‑20 s 23
Appeals to Supreme Court
pt 5A.10 hdg	ins A2012‑20 s 23
Meaning of appealable decision—pt 5A.10
s 132ZS	ins A2012‑20 s 23
Appeals to Supreme Court
s 132ZT	ins A2012‑20 s 23
Powers of Supreme Court on appeal
s 132ZU	ins A2012‑20 s 23
Approved forms
s 133	am A2006‑42 amdt 3.29; A2011‑22 amdt 1.122
Offence—secrecy
s 133A	(prev s 121) reloc and renum as s 133A A2012‑20 s 22
Offence—failure to tell chief police officer about application to change offender’s name
s 133B	ins A2012‑20 s 24
Regulation-making power
s 137	am A2011‑52 amdt 3.61
Consequential amendments
ch 7 hdg	om LA s 89 (3)
Legislation amended—sch 3
s 138	om LA s 89 (3)
Transitional—Crimes (Child Sex Offenders) Amendment Act 2012
ch 10 hdg	ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
Meaning of reporting offence
s 200	ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
Definitions—ch 10
s 201	ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
	def affected registrable offender ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
	def commencement day ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
	def periodic detention period ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
Reporting obligations notice to be given
s 202	ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
Offence—affected registered offender must report
s 203	ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
When reporting period begins for affected registrable offender
s 204	ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
Expiry—ch 10 etc
s 205	ins A2012‑20 s 25
	exp 13 September 2013 (s 205)
Offences against ACT legislation
sch 1 pt 1.1	am A2013‑12 s 16; items renum R18 LA
Offences against other legislation
sch 1 pt 1.2	am A2010‑45 s 4, s 5; items renum R13 LA; A2012‑20 s 26
Offences against ACT legislation
sch 2 pt 2.1	am A2013‑12 s 17; items renum R18 LA
Offences against other legislation
sch 2 pt 2.2	am A2005‑60 amdt 1.51; items renum R1 LA (see A2005‑60 amdt 1.52); A2010‑45 ss 6-8; items renum R13 LA; A2012‑20 s 27
Ombudsman Act 1989—consequential amendments
sch 3	om LA s 89 (3)
Dictionary
dict	am A2008‑37 amdt 1.104; A2011‑22 amdt 1.123; A2012‑20 s 28
	def appealable decision ins A2012‑20 s 29
	def application ins A2012‑20 s 29
	def community service order am A2006‑23 amdt 1.88
	sub A2008‑20 amdt 4.27
	(a) note exp 3 June 2011 (s 108 (4))
	def conduct ins A2012‑20 s 29
	def corresponding prohibition order ins A2012‑20 s 29
	def CYP director-general ins A2012‑20 s 29
	def CYP director-general’s report ins A2012‑20 s 29
	def daily care responsibility ins A2012‑20 s 29
	def detainee om A2006‑23 amdt 1.89
	def forensic patient sub A2005‑47 amdt 1.8
	def government agency ins A2012‑20 s 29
	def government custody am A2006‑23 amdt 1.90
	def interim prohibition order ins A2012‑20 s 29
	def long-term care responsibility ins A2012‑20 s 29
	def make ins A2012‑20 s 29
	def parental responsibility ins A2012‑20 s 29
	def parole sub A2006‑23 amdt 1.91
	def person with a legal disability ins A2012‑20 s 29
	def person with a mental disability ins A2012‑20 s 29
	def person with parental responsibility am A2008‑20 amdt 3.16
	def prohibition order ins A2012‑20 s 29
	def registered corresponding prohibition order ins A2012‑20 s 29
	def registration notice ins A2012‑20 s 29
	def return date ins A2012‑20 s 29
	def witness protection program am A2006‑42 amdt 3.30

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
29 Dec 2005	29 Dec 2005–
28 Feb 2006	A2005‑60	new Act and amendments by A2005‑60	
R2
1 Mar 2006	1 Mar 2006–
1 June 2006	A2006‑3	amendments by A2005‑47 as amended by A2006‑3	
R3
2 June 2006	2 June 2006–
15 Nov 2006	A2006‑23	amendments by A2006‑23	
R4
16 Nov 2006	16 Nov 2006–
29 Dec 2006	A2006‑42	amendments by A2006‑42	
R5
30 Dec 2006	30 Dec 2006–
30 June 2007	A2006‑42	commenced expiry	
R6
1 July 2007	1 July 2007–
29 Dec 2007	A2007‑12	amendments by A2007‑12	
R7
30 Dec 2007	30 Dec 2007–
25 Aug 2008	A2007‑12	commenced expiry	
R8
26 Aug 2008	26 Aug 2008–
8 Sept 2008	A2008‑28	amendments by A2008‑28	
R9
9 Sept 2008	9 Sept 2008–
26 Oct 2008	A2008‑37	amendments by A2008‑20	
R10
27 Oct 2008	27 Oct 2008–
1 February 	A2008‑37	amendments by A2008‑20	
R11
2 Feb 2009	2 Feb 2009–
26 Feb 2009	A2008‑37	amendments by A2008‑37	
R12
27 Feb 2009	27 Feb 2009–
24 Nov 2010	A2008‑37	amendments by A2008‑20	
R13*
25 Nov 2010	25 Nov 2010–
3 June 2011	A2010‑45	amendments by A2010‑45	
R14
4 June 2011	4 June 2011–
30 June 2011	A2010‑45	expiry of provisions	
R15
1 July 2011	1 July 2011–
11 Dec 2011	A2011‑22	amendments by A2011‑22	
R16
12 Dec 2011	12 Dec 2011–
12 Sept 2012	A2011‑52	amendments by A2011‑52	
R17
13 Sept 2012	13 Sept 2012–
23 Apr 2013	A2012‑20	amendments by A2012‑20	
R18
24 Apr 2013	24 Apr 2013–
13 Sept 2013	A2013‑12	amendments by A2013‑12	

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