New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
(1) In this clause--
"amending Act" means the Child Protection Legislation Amendment Act 2002 .
"new registrable person" means a person who becomes a registrable person on the commencement of an amendment made by the amending Act because of that amendment.
(2) The amendments made by Schedule 1 [1[#93], [2[#93] and [3[#93] to the amending Act are taken to have had effect from 15 October 2001.
(3) A new registrable person is taken to have complied with any reporting obligations the person may have had for the period commencing on 15 October 2001 and ending on the commencement of this clause.
(4) Division 1 of Part 2 (except section 7) and section 10 (1) do not apply to a new registrable person who is not in government custody at the commencement of this clause.
(5) A new registrable person who is not in government custody at the commencement of this clause must notify the Commissioner of Police of the relevant personal information within 28 days after the person is given written notice under section 7.
(6) Division 1 of Part 2 (except sections 6, 7 and 8) and section 10 (1) do not apply to a new registrable person who is in government custody at the commencement of this clause.
(7) A new registrable person who is in government custody at the commencement of this clause must notify the Commissioner of Police of the relevant personal information within 28 days after the person ceases to be in government custody.
(8) A reference in--(a) the definition of
"reporting obligations" in section 3 (1) to Division 2 of Part 2 includes a reference to this clause, and(b) section 12 (1) to "information that is required to be given to the Commissioner of Police under this Division" includes a reference to information that is required to be given to the Commissioner of Police under this clause.
In this Part--
"additional relevant personal information" means any information required to
be provided by registrable persons under section 9 (as inserted by the
amending Act) that was not required to be provided by registrable persons
under section 9 (as in force before its repeal by the amending Act).
"amending Act" means the Child Protection (Offenders Registration) Amendment
Act 2004 .
"appropriate period" means--
(a) in relation to a person who is in New South Wales on the commencement of this clause--28 days after that commencement or before the person leaves New South Wales, whichever period ends first, or
(b) in relation to a person who is not in New South Wales on that commencement--within 14 days after entering and remaining in New South Wales for 14 or more consecutive days.
(a) a person who was in government custody immediately before that commencement, or
(b) a person who was a registrable person because of a registrable offence committed in a foreign jurisdiction and who had not carried out any reporting obligations before that commencement.
(1) Regulations may be made for or with respect to the application of Division 6 of Part 3, as inserted by the amending Act, and any other amendments made by that Act on and from a day before the commencement of this clause, being a day subsequent to the introduction of the Bill for that Act into Parliament.
(2) Any such regulation may be made only for the purpose of facilitating the complementary operation of this Act, as amended by the amending Act, and an Act of another State or Territory that contains provisions that are complementary with this Act as amended by the amending Act.
(3) A regulation under this clause has effect despite any other provision of this Part.
(1) This Act, as amended by the amending Act, applies to an existing registrable person, except as provided by this Schedule or regulations made under this Schedule.
(2) An existing registrable person must, within the appropriate period, provide the person's additional relevant personal information to the Commissioner of Police. The additional relevant personal information must be provided in the same manner in which an initial report must be made under this Act or in any other manner permitted by the Commissioner of Police either generally or in a particular case.
(3) The first annual report of an existing registrable person, under section 10 (as inserted by the amending Act), must be made before the end of the calendar month in which the first anniversary of the date that the person first reported information to the Commissioner of Police occurs after one month after the commencement of this clause.
(4) The period of reporting obligations applicable to an existing registrable person immediately before the commencement of this clause continues to apply to the existing registrable person, except as provided by the regulations.
(5) Nothing in subclause (4) applies to or in respect of any new reporting obligations of an existing registrable person or to a person who becomes a corresponding registrable person after that date.
(6) Division 1 of Part 3 (except sections 6 (1) (c)-(f), 7- 7C and 8) does not apply to or in respect of an existing registrable person.
(7) Section 11B, as inserted by the amending Act, does not apply to an existing registrable person who was out of New South Wales on the commencement of this clause.
(8) Section 11C, as inserted by the amending Act, applies to an existing registrable person who, before the commencement of this clause, was required to notify the Commissioner of Police of an intention to leave New South Wales and was outside New South Wales on that commencement.
(9) In this clause--
"new reporting obligations" means obligations in respect of an offence for which a person was sentenced after the commencement of this clause.
(1) This Act, as amended by the amending Act, applies to a new registrable person in the same way that it applies to a registrable person who is not in government custody and is not an existing registrable person, except as provided by this Schedule or regulations made under this Schedule.
(2) A new registrable person must, within the appropriate period, provide the person's relevant personal information to the Commissioner of Police.
(3) The report must be made in the manner in which an initial report must be made under this Act.
(4) For the purposes of calculating the period for which a new registrable person must continue to comply with the person's reporting obligations, the reporting period for a new registrable person is taken to have commenced on the later of--(a) the day when the person was sentenced for the registrable offence, or(b) the day when the person ceased to be in government custody in relation to the registrable offence.
(5) Division 1 of Part 3 (except sections 6 (1) (c)-(f), 7- 7C and 8) does not apply to or in respect of a new registrable person.
(6) Section 11B, as inserted by the amending Act, does not apply to a new registrable person who is out of New South Wales on the commencement of this clause.
A reference in this Act to the reporting obligations of a registrable person includes a reference to reporting obligations imposed under this Part.
The Register of Offenders (the
"existing Register" ), as kept immediately before the repeal of section 19 by
the amending Act, is taken to be the Child Protection Register for the
purposes of this Act.
Section 21B, as inserted by the amending Act, does not apply to an offence committed before the commencement of that section if the limitation period for commencing proceedings expired before that commencement.
(1) This Act, as amended by the 2007 amending Act extends, and is taken always to have extended, to any person who has been sentenced in respect of a registrable offence at any time before the commencement of the 2007 amending Act.
(2) Despite subclause (1), a person who has become a registrable person as a consequence of the amendments made by the 2007 amending Act is not guilty of an offence under this Act by virtue of anything the person has done or omitted to do at any time before the commencement of the 2007 amending Act if, at that time, the person was not a registrable person.
(3) As soon as practicable after the commencement of the 2007 amending Act, the Commissioner of Police is to give any person who has become a registrable person as a consequence of the amendments made by that Act written notice of--(a) the person's reporting obligations, and(b) the consequences that may arise if the person fails to comply with those obligations.
(4) In this clause,
"the 2007 amending Act" means the Child Protection (Offenders Registration) Amendment (Suspended Sentences) Act 2007 .
In this Part,
"amending Act" means the Child Protection (Offenders Registration) Amendment
Act 2007 .
The amendments made to the definitions of
"Class 1 offence" and
"sentence" in section 3 (1) and to section 3A (2) (b) by the amending Act
apply in respect of any sentence imposed on or after the commencement of the
amendments, including any sentence imposed as a consequence of a
finding of guilt made before the commencement of the amendments.
Section 3C, as substituted by the amending Act, applies to any person who has at any time been in a foreign jurisdiction and required to report to the corresponding registrar or to a person or body whose functions are substantially similar to those of the Commissioner of Police under this Act, whether that obligation arose before, on or after the commencement of this clause (including if it arose as a consequence of a finding of guilt made before 15 October 2001).
(1) Section 3E, as substituted by the amending Act, applies in respect of any person sentenced for an offence on or after the substitution of that section, including if the sentence is imposed for an offence committed before that substitution.
(2) Section 3F, as inserted by the amending Act, permits a court to make an order referred to in section 3F (1) (a) in respect of any person found guilty of an offence against a law of a foreign jurisdiction at any time, including if the finding of guilt was made before the commencement of that section.
(3) Section 3G, as inserted by the amending Act, applies to a grant of bail, on or after the commencement of that section, in respect of a Class 1 offence or Class 2 offence which is alleged to have been committed before, on or after that commencement.
The amendments made to section 11 by the amending Act apply to a change in a person's relevant personal information that occurs on or after the commencement of the amendments.
The amendments made to this Act by the amending Act in relation to the maximum penalty for an offence under section 17 or 18, and proceedings for that offence, apply only to an offence under section 17 or 18 that is alleged to have been committed on or after the commencement of the amendments.
(1) Section 21E, as inserted by the amending Act, extends to the disclosure, on or after the commencement of that section, of information obtained before that commencement.
(2) Clause 27 of Schedule 1 to the Freedom of Information Act 1989 , as inserted by the amending Act, extends to a report provided, or information obtained or placed on the Child Protection Register, before the commencement of that clause.
Section 9B, as amended by the Criminal Legislation Amendment Act 2009 , does not apply in respect of the following registrable persons, and that section, as in force immediately before the commencement of that amendment, continues to apply in respect of any such person--
(a) a person referred to in section 9B (1) who was sentenced for the registrable offence, or ceased to be in government custody, (whichever is applicable) before that commencement,
(b) a person referred to in section 9B (2) who became a corresponding registrable person, or ceased to be in government custody, (whichever is applicable) before that commencement,
(c) a person referred to in section 9B (3), if the order under section 16 ceased to have effect or the person ceased to be in government custody (whichever is applicable) before that commencement.
(1) In this clause--
"amending Act" means the Child Protection Legislation (Registrable Persons) Amendment Act 2009 .
"new reporting obligation" means any information required to be provided by registrable persons under section 9 (1) (e) or 11F (as amended and inserted, respectively, by the amending Act).
(2) It is sufficient compliance with a new reporting obligation to report the date of birth of a child if a registrable person who has reported the name and age of a child before the commencement of the amendment to section 9 (1) (e) made by the amending Act reports the date of birth of the child when the registrable person next reports in accordance with this Act after the commencement of the amendment.
(3) It is sufficient compliance with a new reporting obligation for a registrable person who changes the place where he or she generally resides within 14 days before the insertion of section 11F by the amending Act if the person reports the required information to the Commissioner of Police as soon as possible (but not more than 3 days) after the insertion of that section.
(4) Section 19BA (3A)-(3C), as inserted by the amending Act, extend to personal information collected or used before the insertion of those subsections.
(1) The amendments made to the definitions of
"Class 1 offence" and
"Class 2 offence" in section 3 (1) by the amending Act extend to any offence referred to in those amendments (a
"new registrable offence" ) in respect of which a sentence was imposed before the commencement of the amendments.
(2) Sections 4 and 5 do not apply in respect of a sentence imposed, or a supervised sentence commenced, before the commencement of the amending Act in respect of a new registrable offence.
(3) A person who becomes a registrable person on the commencement of the amending Act merely because of having committed a new registrable offence, and who is not in government custody, must, within the appropriate period, report the person's relevant personal information to the Commissioner of Police.
(4) The
"appropriate period" is--(a) in relation to a person who is in New South Wales on the commencement of the amending Act--21 days after that commencement or before the person leaves New South Wales, whichever period ends first, or(b) in relation to a person who is not in New South Wales on that commencement--within 7 days after entering and remaining in New South Wales for 14 or more consecutive days.
(5) The report must be made in the manner in which an initial report must be made under this Act.
(6) For the purposes of calculating the period for which a person must continue to comply with the person's reporting obligations in respect of a new registrable offence, the reporting period for the new registrable offence is taken to have commenced--(a) when the person was sentenced for the new registrable offence, or(b) when the person ceases to be in government custody in relation to the offence,whichever is the later.
(7) A reference in this Act to the reporting obligations of a registrable person includes a reference to the reporting obligations imposed under this Part.
(8) In this clause, the
"amending Act" means the Courts and Crimes Legislation Amendment Act 2010 .
The powers under section 16C may be exercised in respect of residential premises of a registrable person even if the initial report was made by the registrable person before the commencement of that section.
In this
Part--
"amending Act" means the Child Protection (Offenders Registration) Amendment
(Statutory Review) Act 2014 .
(1) A reference in the definition of
"Class 2 offence" in section 3 (1) to an offence under section 91H of the Crimes Act 1900 includes a reference to an offence (committed before the commencement of section 91H) under section 578B of the Crimes Act 1900 .
(2) A reference in section 3A (2) (c) (ii) to an offence under section 91H of the Crimes Act 1900 includes a reference to an offence (committed before the commencement of section 91H) under section 578B or 578C (2A) of the Crimes Act 1900 .
A reference in section 3A (2) (c) (iii) to an offence under section 91K (1) of the Crimes Act 1900 includes a reference to an offence (committed before the commencement of section 91K) under section 21G (1) of the Summary Offences Act 1988 .
Section 3E (3), as amended by the amending Act, applies so as to permit an application for an order to be made within 60 days after a person is sentenced for a relevant offence even if the sentence was imposed before that amendment.
Section 3H (3) applies to any determination made after the commencement of that subsection regardless of whether the determination is made in relation to proceedings that commenced before the commencement of that subsection.
(1) Section 6 (1) (g) does not apply to an order under section 49 of the Mental Health (Forensic Provisions) Act 1990 that was made before the commencement of that paragraph.
(2) Section 6 (3), as substituted by the amending Act, applies in respect of an order under section 49 of the Mental Health (Forensic Provisions) Act 1990 whether or not that order was made before the commencement of that subsection.
Section 9, as amended by the amending Act, applies in respect of a report made after those amendments regardless of whether the report relates to matters occurring before those amendments or the reporting obligations of the registrable person commenced before those amendments.
Sections 11 and 11C, as in force immediately before those sections were amended by the amending Act, continue to apply in respect of changes in circumstances that are required to be reported to the Commissioner of Police under those sections if the change occurred before those amendments commenced.
Section 15 (4) does not apply in respect of a breach of reporting obligations occurring before the commencement of that subsection.
Any references in this Act to sexual touching or sexual act are taken, in a reference to any offence occurring before the commencement of this clause, to include a reference to an act of indecency.
Section 3C, as inserted by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 , applies to sentences passed after the commencement of that section, regardless of when the offence was committed.