Child Protection (Offenders Registration) Act 2000 No 42

Currency

As amended to Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (No 33). Sch 2 commenced 1 December 2018. Current to 30 November 2018.

Jurisdiction

Section 21(1): With the exception of the Table 1 offences, proceedings for an offence against this Act are to be dealt with summarily.

Section 21(2): Offences under ss 17 (failing to comply with reporting obligations), 18 (furnishing false or misleading information) and 19E are Table 2 offences for the purposes of the CP Act (s 268, Sch 1). The maximum penalty that the Local Court may impose for these offences is 100 pu and/or 2 yrs: s 268(2)(l).

Evidence

Section 21A: A certificate signed by the Commissioner of Police, or a member of NSW Police designated by the Commissioner, is prima facie evidence.

Commencement of proceedings

Section 21B: Despite anything to the contrary in the CP Act, a proceeding for an offence under this Act may be commenced at any time.

Child protection registration orders

Section 3D(1): If a court finds a person guilty of an offence that is not a Class 1 or a Class 2 offence (defined in s 3), it may order that the person comply with the reporting obligations in the Act.

Section 3E(1): The Local Court may, on application by the Commissioner of Police, order a person who has been sentenced by a court of NSW in respect of an offence that is not a Class 1 offence or a Class 2 offence to comply with the reporting obligations under the Act.

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.

SECTION DESCRIPTION PENALTY (MAX) TABLE
12H(2) Person use retained records for non-permitted purpose 20 pu    
17(1) Registrable person fail to comply with reporting obligations.

100 pu and/or 2 yrs

[500 pu and/or 5 yrs]

  2
18 In purported compliance with Pt 3, furnish false/misleading information.

100 pu and/or 2 yrs

[500 pu and/or 5 yrs]

  2
19E Application for change of name by a registrable person without reasonable cause prohibited without written approval of the Commissioner of Police.

100 pu and/or 2 yrs

[500 pu and/or 5 yrs]

  2
21E Prohibited disclosure of information re a registrable person 100 pu and/or 2 yrs    
22(2) Regulations may create offences 20 pu