New South Wales Consolidated Acts
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CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 3G
Child protection registration orders made after grant of bail under Mental Health and Cognitive Impairment Forensic Provisions Act 2020
3G Child protection registration orders made after grant of bail under Mental
Health and Cognitive Impairment Forensic Provisions Act 2020
(1) A court that grants bail to a person in respect of a Class 1 offence or a
Class 2 offence under the Mental Health and Cognitive Impairment Forensic
Provisions Act 2020 may order that the person comply with the reporting
obligations of this Act.
(2) A court may make an order under this section
only if it is satisfied that the person poses a risk to the lives or sexual
safety of one or more children, or of children generally.
(3) A court may
make an order under this section only if-- (a) an application for the
imposition of the order is made by the prosecution, and
(b) the order is made
concurrently with the granting of the person's bail.
(4) For the purposes of
Division 6 of Part 3, if a court makes an order in respect of a person under
this section the person is taken to have been found guilty of, and sentenced
for, a Class 2 offence on the date the order is made.
(5) A decision to make
an order under this section is taken to be part of a bail decision for the
purposes of the Bail Act 2013 and can be varied in accordance with that Act.
(6) An order made under this section ceases to have effect if-- (a)
proceedings against the person in respect of the Class 1 offence or Class 2
offence are withdrawn by the prosecution or dismissed by a court, or
(b) the
person is sentenced by a court in respect of the Class 1 offence or Class 2
offence, or
(c) the bail decision is varied under the Bail Act 2013 and, on
that variation, the order is quashed or set aside.
(7) Subsection (4) ceases
to apply if the order ceases to have effect.
(8) If an order under this
section ceases to have effect as a consequence of the person having been
sentenced by a court in respect of the Class 1 offence or Class 2 offence, and
the person continues to be a registrable person, the period for which the
person's reporting obligations continue is to be reduced by the length of time
for which the person was required to comply with the reporting obligations
under this Act solely as a consequence of the order.
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