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CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 3A
Registrable persons
(1) A
"registrable person" is a person whom a court has at any time (whether before,
on or after the commencement of this section) sentenced in respect of a
registrable offence, and includes a corresponding registrable person.
(2)
Unless a person is a corresponding registrable person, a person is not a
registrable person merely because the person-- (a) is a person in respect of
whom a court has made an order under section 10 of the Crimes (Sentencing
Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal
Proceedings) Act 1987 (or an equivalent order under the laws of a foreign
jurisdiction) in respect of a Class 1 or Class 2 offence, or
(c) as a child
committed-- (i) a single offence involving sexual touching or a sexual act, or
(ii) a single offence under section 91H of the Crimes Act 1900 or an offence
of producing, disseminating or possessing child abuse material (in whatever
terms expressed) under the laws of a foreign jurisdiction, or
(iii) a single
offence under section 91J (1), 91K (1) or 91L (1) of the Crimes Act 1900 , or
(iv) a single offence (including an offence committed under the laws of a
foreign jurisdiction) that falls within a class of offence the regulations
prescribe for the purposes of this subparagraph, or
(v) a single offence an
element of which is an intention to commit an offence of a kind listed in this
paragraph, or
(vi) a single offence of attempting, or of conspiracy or
incitement, to commit an offence of a kind listed in this paragraph, or
Note
: Savings and transitional provisions in Schedule 2 provide that references to
certain offences in this paragraph are taken to include references to certain
earlier offences under provisions that have since been repealed.
(d) is a
person whom a court has found guilty of a registrable offence before 15
October 2001, unless the person is an existing controlled person or the
offence results in the making of a child protection registration order against
the person.
(3) A person is not a registrable person if the person is
receiving protection under a foreign witness protection law specified by the
regulations for the purposes of this subsection, or has the same status as
such a person under an order made under a corresponding Act specified by the
regulations for the purposes of this section.
(4) For the purposes of this
section, it is irrelevant whether or not a person may lodge, or has lodged, an
appeal in respect of a finding of guilt, sentence or
child protection registration order.
(5) A reference to a single offence in
this section includes a reference to more than one offence of the same kind
arising from the same incident.
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