Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 5

5 Reportable offender defined

(1) A
"reportable offender" is a person who is—

(a) sentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or

(b) sentenced for an offence for which a court has made a declaration under subsection (5) ; or

(c) an existing reportable offender; or

(d) a corresponding reportable offender; or

(e) subject to an offender reporting order; or

(f) subject to an offender prohibition order; or

(g) the respondent for a registered corresponding order; or

(h) a post-DPSOA reportable offender.

(2) However, a person mentioned in subsection (1) (a) is not a reportable offender only because—

(a) the person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 , (or an equivalent order under the laws of a foreign jurisdiction); or

(b) the person was sentenced for a prescribed offence that is a single offence, if the sentence did not include—

(i) a term of imprisonment; or

(ii) a requirement that the person be under the supervision of a supervising authority or another person or body; or

(c) the person, as a child, committed—

(i) a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or

(ii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or

(iii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or

(iv) a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph.

(3) Also, a person is not a reportable offender if the person—

(a) is receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or

(b) has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection.

(4) For this section, it does not matter—

(a) whether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or

(b) whether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order.

(5) For subsection (1) (b) , if a court convicts a person of an offence other than a reportable offence, the court may also declare it is satisfied the facts and circumstances surrounding the offence constitute elements of a reportable offence.

(6) For subsection (2) (b) (ii) , a reference to being under the supervision of a supervising authority does not include supervision under a fine option order.