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CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 35
Simplified outline of div 5
35 Simplified outline of div 5
(1) This division provides for the period for which a reportable offender must
comply with reporting obligations imposed on the offender under this part.
(2) Generally, a reportable offender who is convicted of a reportable offence
is required to comply with the reporting obligations imposed on the offender
under this part in relation to the reportable offence for the period worked
out under subdivision 2 as follows— (a) section 36 provides for when the
reporting period for the reportable offence starts;
(b) sections 37 to 39A
provide for when the reporting period for the reportable offence ends,
depending on— (i) when the offender committed the offence; and
(ii) whether
the offender has committed other reportable offences for which the offender
has been required to comply with reporting obligations imposed on the offender
under this part; and
(iii) whether the offender was a child when the offence
was committed.
(3) A longer reporting period may apply to a
reportable offender in relation to a reportable offence under section 39B if
the offender is on parole for the offence when the reporting period for the
offence would otherwise end.
(4) A reportable offender is required to comply
with reporting obligations imposed on the offender under this part in relation
to a reportable offence even if the reportable offender is already complying
with reporting obligations imposed on the offender under this part in relation
to another reportable offence.
(5) Subdivision 3 provides for a
reportable offender to comply with reporting obligations imposed on the
offender under this part other than in relation to a reportable offence as
follows— (a) under section 39D , while the offender is subject to a forensic
order under the Mental Health Act 2016 , if an offender reporting order is
made with the forensic order;
(b) under section 39E , while the offender is
subject to an offender prohibition order;
(c) under section 39F , if the
offender is the respondent to a registered corresponding order;
(d) under
section 39G , if the offender has ever been subject to a division 3 order
under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;
(e) under
section 39H , if the offender is a corresponding reportable offender.
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