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(a) proceedings against the person in respect of the Class 1 offence or Class 2 offence are withdrawn by the prosecution or dismissed by a court, or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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