New South Wales Consolidated Acts
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CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 17
Offence of failing to comply with reporting obligations
17 Offence of failing to comply with reporting obligations
(1) A registrable person must not fail to comply with any of the person's
reporting obligations without reasonable excuse. : Maximum penalty--500
penalty units or imprisonment for 5 years, or both.
(2) In determining
whether a registrable person had a reasonable excuse for failing to comply
with the person's reporting obligations, the court before which the
proceedings are being heard is to have regard to the following matters-- (a)
the person's age,
(b) whether the person has a disability that affects the
person's ability to understand, or to comply with, those obligations,
(b1)
whether the form of the notification given to the person as to the person's
obligations was adequate to inform the person of those obligations, having
regard to the person's circumstances,
(c) any matter prescribed by the
regulations,
(d) any other matter the court considers appropriate.
(2A) In
proceedings for an offence under this section, the onus of proving that a
registrable person had a reasonable excuse lies with the person and must be
proved on the balance of probabilities.
(3) It is a defence to proceedings
for an offence arising under this section if it is established by or on behalf
of the registrable person charged with the offence that, at the time the
offence is alleged to have occurred, the person had not received notice, and
was otherwise unaware, of the person's reporting obligations.
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