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CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 22
Regulations
22 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or
with respect to any matter that by this Act is required or permitted to be
prescribed or that is necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
(1A) In particular, regulations may be made
for or with respect to the following-- (a) matters incidental to the making of
reports under Part 3, including-- (i) the manner and form in which a report
must be made, and
(ii) the nature of any verifying documentation or evidence
to be produced in support of any such report,
(b) the form of, or the
information to be included in, any notice or other document that is required
by this Act to be given to registrable persons,
(c) the manner in which a
notice or other document may be given under this Act,
(d) the manner and form
in which the Register is to be established and maintained, including the
manner and form in which information is to be entered in the Register,
(e)
requiring or permitting the Commissioner of Police to remove specified
information, or information of a specified class, from the Register,
(f) the
notification of reporting obligations to registrable persons, including-- (i)
permitting the person notifying a registrable person to ask the person to
acknowledge being given the notice, and
(ii) making special provision for the
notification of registrable persons who are children or who have disabilities
or other special needs, and
(iii) permitting or requiring a person or body to
be notified of a registrable person's status as a child or person who has a
special need or disability to facilitate notification and reporting, and
(iv)
providing for the notification to be given to a carer of, or a person
nominated by, a registrable person who may be unable to understand his or her
reporting obligations or the consequences of failing to comply with those
obligations, and
(v) requiring that a registrable person be given additional
information to that required by this Act, and
(vi) requiring a person or body
to provide specified information to registrable persons concerning their
reporting obligations, and
(vii) requiring a person or body to inform the
Commissioner of Police-- (A) that a registrable person has left the custody or
control of the person or body, and
(B) that the person or body has given
specified information to a registrable person, and
(C) that, in the opinion
of the person or body, a registrable person does or does not have the legal
capacity to understand specified information, and
(viii) requiring a person
or body to give to the Commissioner of Police any acknowledgment by a
registrable person of the receipt of a notice or any other specified
information that is held by the person or body,
(g) requiring a person or
body to create records for the purposes of this Act and to retain those
records for a specified period or an unlimited period.
(2) A regulation may
create an offence punishable by a penalty not exceeding 20 penalty units.
(3)
The regulations may require the functions under section 4, 4A, 5 or 6 of a
court or supervising authority (a
"primary authority" ) to be exercised-- (a) in relation to the functions of a
court-- (i) by a supervising authority, or
(ii) by the Commissioner of
Police, or
(b) in relation to the functions of a supervising authority-- (i)
by the sentencing court, or
(ii) by some other supervising authority, or
(iii) by the Commissioner of Police,
(the
"secondary authority" ), but only with the concurrence of the Minister
responsible for the primary authority and the Minister responsible for the
secondary authority.
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