CHILD SEX OFFENDERS REGISTRATION (MISCELLANEOUS) AMENDMENT BILL 2013

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

(2) Section 4(1)—after the definition of registrable offender insert:

registrable repeat offender means a registrable offender who has (whether before or after the commencement of this Act) committed—

(a) on at least 3 separate occasions, a class 1 or class 2 offence; or

(b) on at least 2 separate occasions, a class 1 or class 2 offence provided that on each occasion the victim was under the age of 14 years;

reportable contact has the meaning set out in section 13(4);

(3) Section 4(1), definition of reporting obligations—delete "by Part" and substitute:

under Part

(4) Section 4(1)—after the definition of sentence insert:

serious registrable offender means—

(a) a registrable repeat offender; or

(b) a registrable offender who has been declared to be a serious registrable offender under Part 2A;

5—Insertion of section 5A

After section 5 insert:

5A—Criminal intelligence

(1) If any decision was made by the Commissioner under this Act because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.

(2) In any proceedings under this Act, the court determining the proceedings—

(a) must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and

(b) may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent.

(3) The Commissioner may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.

6—Amendment of section 6—Who is a registrable offender?

(1) Section 6(4)(a)—before "class 2" insert:

single

(2) Section 6(4)(b)—before "class 1" insert:

single

(3) Section 6(4)—after paragraph (b) insert:

7—Amendment of section 9—Child sex offender registration order

Section 9—after subsection (1) insert:

(1a) The Magistrates Court may, at any time while a restraining order under section 99AA of the Summary Procedure Act 1921 remains in force, order that the person the subject of the restraining order comply with the reporting obligations of this Act.

8—Amendment of section 10—Appeal against order

Section 10(1)—delete subsection (1) and substitute:

(1) If a court makes a child sex offender registration order, an appeal lies against the making of that order—

(a) in the case of an appeal against an order made in the Magistrates Court—to a single judge of the Supreme Court; or

(b) in any other case—in the same way as an appeal against a sentence imposed by the court.

9—Insertion of Part 2A

After section 10 insert:

Part 2A—Serious registrable offender declarations

10A—Serious registrable offender declarations

(1) The Commissioner may, if satisfied that a registrable offender is at risk of committing further class 1 or class 2 offences, declare that the registrable offender is a serious registrable offender.

(2) A declaration under this section operates during the period specified by the Commissioner when making the declaration or until revoked in accordance with this Part.

(3) The Commissioner may revoke the declaration at any time, on his or her own initiative or on application by the serious registrable offender.

10B—Appeal against declaration

(1) A registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this Part may appeal against the decision to the Administrative and Disciplinary Division of the District Court.

(2) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.

(3) The Commissioner must, on application by the registrable offender, give the offender a written statement of the reasons for the decision.

(4) If a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons.

10—Amendment of section 11—When initial report must be made

(1) Section 11(1), table—delete "28" wherever occurring and substitute in each case:

(2) Section 11—delete "14" wherever occurring and substitute in each case:

11—Amendment of section 12—When new initial report must be made by offender whose previous reporting obligations have ceased

(1) Section 12(1), (2) and (3)—delete "28" wherever occurring and substitute in each case:

(2) Section 12(4) and (5)—delete "14" wherever occurring and substitute in each case:

12—Amendment of section 13—Initial report by registrable offender of personal details

(1) Section 13(1)—after paragraph (d) insert:

(da) his or her postal address for service of notices and documents under this Act;

(2) Section 13(1)(e)—delete paragraph (e) and substitute:

(e) the names and ages of any children who generally reside in the same household as that in which he or she generally resides;

(ea) if the registrable offender knows that he or she is likely to have reportable contact during the next 12 month period with a particular child—the name and age of the child;

(3) Section 13(1)—after paragraph (k) insert:

(ka) if, at the time of making a report under this Division, he or she has a valid passport—the passport number, date and place of issue and date of expiry of the passport;

(4) Section 13(2)(c)—delete paragraph (c)

(5) Section 13—after subsection (3) insert:

(4) For the purposes of this section, a person has reportable contact with a child if—

(a) he or she has, on at least 3 occasions within a 12 month period, contact with the child consisting of—

(i) any form of physical contact or close physical proximity with the child; or

(ii) any form of communication with the child (whether in person, in writing, by telephone or other electronic device); and

(b) the contact with the child—

(i) occurs in the course of the person—

(A) visiting or residing at a dwelling; or

(B) supervising or caring for the child; or

(ii) involves the person providing contact details to the child or obtaining contact details from the child or otherwise inviting (in any manner) further contact or communication between him or her and the child.

(5) To avoid doubt, reportable contact includes contact that is supervised.

13—Amendment of section 14—Persons required to report under corresponding law

Section 14(4)(c)—delete "14" and substitute:

14—Amendment of section 15—Registrable offender must report annually

Section 15(2)—delete subsection (2) and substitute:

(2) The registrable offender must make the annual report—

(a) on the date specified by the Commissioner by notice in writing to the registrable offender, being a date—

(i) not less than 1 month after the date on which the notice was given; and

(ii) not less than 12 months after the date of the last annual report by the offender under this Act (if any); or

(b) if no such date is specified by the Commissioner—by the end of the calendar month in which the anniversary of the date of the last annual report by the offender under this Act or a corresponding law falls.

15—Insertion of section 15A

After section 15 insert:

15A—Serious registrable offender may be required to make additional reports

(1) If the Commissioner has reason to suspect that a serious registrable offender—

(a) may fail to comply with this Act; or

(b) poses a risk to the safety and well-being of children,

the Commissioner may make a declaration imposing additional reporting requirements on the serious registrable offender.

(2) Subject to this section, a declaration under this section operates during the period determined by the Commissioner.

(3) A declaration may be varied or revoked by the Commissioner at any time and must be revoked if the Commissioner is satisfied that the grounds for making the declaration no longer exist.

(4) The Commissioner must not make or vary a declaration in relation to a particular serious registrable offender if the declaration or variation would result in the serious registrable offender being subject to additional reporting requirements for a total period (whether continuous or not) of more than 2 years.

(5) The Magistrates Court may, on application by the Commissioner, make an order imposing additional reporting requirements on a serious registrable offender (for a specified period or until further order) if satisfied that the order is reasonably necessary—

(a) to ensure that the serious registrable offender complies with this Act; or

(b) to minimise any risk to the safety and well-being of children.

(6) For the avoidance of doubt, the Magistrates Court may make an order despite the fact that it would result in the serious registrable offender being subject to additional reporting requirements for a total period that exceeds the period specified in subsection (4).

(7) The Magistrates Court may vary or revoke an order made under this section on application by—

(a) the Commissioner; or

(b) the serious registrable offender.

(8) An application may only be made under subsection (7)(b) with the permission of the Court and permission is only to be granted if the Court is satisfied, on the basis of the application and any evidence tendered by the serious registrable offender, that there has been a substantial change in the relevant circumstances since the order was made or last varied.

(9) The Commissioner is a party to an application under subsection (7)(b) and may make any submission to the Court in respect of the application.

(10) A declaration or order under this section relating to a serious registrable offender ceases to be of any force or effect on the expiration of the serious registrable offender's reporting period (if the declaration or order has not already expired or been revoked).

(11) In this section—

additional reporting requirements, in relation to a declaration or order made under this section, means requirements that the serious registrable offender to whom the declaration or order relates report his or her personal details to the Commissioner at intervals specified in the declaration or order, being intervals of less than 1 year but not less than 1 month.

16—Amendment of section 16—Registrable offender must report changes to relevant personal details

(1) Section 16(1), (3) and (4)—delete "14" wherever occurring and substitute in each case:

(2) Section 16(2)—delete "or as to when the registrable offender has unsupervised contact with a child,"

(3) Section 16(4)(a)—delete "28" and substitute:

(4) Section 16—after subsection (4) insert:

(5) If—

(a) the personal details of a registrable offender (other than one referred to in subsection (3) or (4) or to whom Division 9 applies) whose reporting obligations are suspended under this Act change during that suspension; and

(b) the registrable offender's reporting obligations cease to be so suspended,

he or she must report the change to the Commissioner within 7 days after cessation of the suspension.

17—Amendment of section 17—Intended absence from South Australia to be reported

Section 17(1)(a)—delete "14" and substitute:

18—Amendment of section 19—Registrable offender to report return to South Australia or decision not to leave

(1) Section 19—delete "14" wherever occurring and substitute in each case:

(2) Section 19(2)—delete subsection (2) and substitute:

(2) If the registrable offender left South Australia, he or she must, within 7 days after entering and remaining in South Australia for 7 consecutive days (not counting any days spent in government custody)—

(a) report his or her return to the Commissioner; and

(b) if the registrable offender travelled out of Australia—present his or her passport for inspection and copying.

19—Insertion of section 20A

After section 20 insert:

20A—Report of reportable contact

Despite any other provisions of this Act, if a registrable offender has reportable contact with a child, he or she must report the details of that contact within 2 days of such contact occurring.

Note—

This would mean that reporting is required within 2 days after the third occasion of contact with the child—see section 13(4).

20—Amendment of section 21—Where report is to be made

Section 21(1)—delete subsection (1) and substitute:

(1) A report by a registrable offender under this Part is to be made—

(a) if the Commissioner gives the offender a direction that the report is to be made at a specified police station—at the police station so directed; or

(b) if the personal details last reported by the offender indicate an address for premises at which he or she generally resides and the Commissioner gives the offender a direction that the report is to be made at those premises—at the premises so directed;

(c) if no direction is given under paragraph (a) or (b)—at a place approved (either generally or in a particular case) by the Commissioner.

(1a) A direction by the Commissioner under subsection (1)(a) or (b)—

(a) must be given in writing in accordance with any requirements prescribed by the regulations; and

(b) may be varied or revoked at any time by further notice in writing given to the registrable offender by the Commissioner.

21—Amendment of section 22—How report is to be made

(1) Section 22(1)—delete "A registrable" and substitute:

Subject to subsection (2), a registrable

(2) Section 22(1)—after paragraph (b) insert:

(ba) a report required by declaration or order under section 15A;

(3) Section 22(1)—after paragraph (d) insert:

(e) a report required by section 17(1)(b);

(f) a report required by section 19(2)(b);

(g) a report required by section 20A.

(4) Section 22(2)—delete subsection (2) and substitute:

(2) A registrable offender may, with the approval of the Commissioner—

(a) make a report referred to in subsection (1); or

(b) make any other report that is required under this Act,

by making the report in a manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission).

(5) Section 22(4) and (5)—delete subsections (4) and (5) and substitute:

(4) If a registrable offender is a child or has a disability that renders it impossible or impracticable for him or her to make the report in a manner required by this Act, the registrable offender will, nevertheless, be taken to make the report if—

(a) in the case of a registrable offender who is a child—a parent or guardian of the child or, if neither a parent nor guardian is available, an adult who knows the registrable offender makes the report (so far as is reasonably possible) on the registrable offender's behalf; or

(b) in the case of a registrable offender who is an adult who has a disability—a parent, guardian, carer or other adult person nominated by the registrable offender or approved by the Commissioner makes the report (so far as is reasonably possible) on the registrable offender's behalf,

and such report must be made—

(d) in another manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission).

22—Amendment of section 23—Right to privacy and support when reporting

Section 23(1)—delete "at a police station or place approved by the Commissioner" and substitute:

by attending in person

23—Amendment of section 25—Additional matters to be provided

Section 25(3)—delete subsection (3) and substitute:

(2a) If a report is required to be made by attending in person, the person making the report must also present for inspection the registrable offender's current passport (if any).

(3) The police officer receiving the report may copy any document presented to the police officer for inspection under subsection (1) or (2a).

24—Amendment of section 32—Suspension of reporting obligations

(1) Section 32—after paragraph (c) insert:

(d) is the subject of a declaration under Part 5A suspending his or her reporting obligations.

(2) Section 32—after its present contents (now to be designated as subsection (1)) insert:

(2) If, in accordance with section 34(1), a registrable offender is required to comply with the reporting obligations imposed by this Part for a period expressed as a specified number of years, any period during which his or her reporting requirements are suspended under subsection (1) is not to be taken into account in determining when the specified period ends.

25—Insertion of section 36A

After section 36 insert:

36A—Division doesn't apply to additional reporting obligations

This Division doesn't apply in relation to additional reporting obligations imposed by declaration or order under section 15A.

Note—

The period during which the additional reporting requirements apply is, in the case of a declaration, determined by the Commissioner and specified in the notice given to the offender under section 48 or, in the case of an order, is either specified in the order or determined by further order of the Magistrates Court.

26—Amendment of heading

Heading to Part 3 Division 6—after "obligations" insert:

granted by Supreme Court

27—Amendment of section 38—Order for suspension

(1) Section 38(2)—delete "sexual safety" and substitute:

safety and well-being

(2) Section 38(3)—after paragraph (c) insert:

(ca) whether the registrable offender has ever been subject to a declaration under Part 2A or an order under section 15A; and

28—Amendment of section 44—Offences of failing to comply with reporting obligations

Section 44—after subsection (1) insert:

(1a) A registrable offender must not fail to comply with a reporting obligation relating to reportable contact with a child without a reasonable excuse.

Maximum penalty: $25 000 or imprisonment for 5 years.

29—Amendment of section 45—Offences of furnishing false or misleading information

Section 45—after its present contents (now to be designated as subsection (1)) insert:

(2) A person must not, in purported compliance with this Part, furnish information in relation to reportable contact with a child that the person knows to be false or misleading in a material particular.

Maximum penalty: $25 000 or imprisonment for 5 years.

30—Amendment of section 48—Notice to be given to registrable offender

Section 48(2)—after paragraph (d) insert:

(e) a declaration relating to him or her is made or revoked under Part 2A;

(f) a declaration relating to his or her reporting obligations is made, varied or revoked under section 15A;

(g) a declaration relating to his or her reporting obligations is made, varied or revoked under Part 5A;

(h) a requirement to carry or wear a tracking device is issued, varied or revoked under section 66G.

31—Amendment of section 60—Register of child sex offenders

(1) Section 60(2)—after paragraph (f) insert:

(fa) if a declaration relating to the registrable offender is made or revoked under Part 2A—the date on which the declaration was made or revoked;

(2) Section 60(2)—after paragraph (g) insert:

(ga) if a declaration relating to the registrable offender is made, varied or revoked under Part 5A—details of the declaration, variation or revocation;

(gb) if a requirement has been issued in relation to the registrable offender under section 66G—the date on which the requirement came into force and, if the requirement has ceased to be in force, the date on which the requirement so ceased;

32—Substitution of heading to Part 5

Heading to Part 5—delete the heading and substitute:

Part 5—Registrable offenders prohibited from particular work

33—Amendment of section 64—Interpretation

(1) Section 64(1), definition of child related work—after subparagraph (p) insert:

(q) taxi services and hire car services;

(2) Section 64—after subsection (2) insert:

(3) For the purposes of this Part, proceedings in relation to an offence are finalised if—

(a) a decision is made not to lay a charge in relation to the offence; or

(b) a charge of the offence is withdrawn or proceedings for the offence are otherwise discontinued; or

34—Insertion of section 65A

After section 65 insert:

65A—Offence to fail to disclose certain matters to Commissioner

(1) The Commissioner may give a person who is arrested or reported for a class 1 or class 2 offence a written notice (in a form determined by the Commissioner)—

(a) requiring the person to provide the Commissioner—

(i) with information as to whether or not he or she currently engages in any work and the nature of that work (within a time specified in the notice); and

(ii) with information about the nature of any work that he or she applies for, or commences engaging in, at any time before proceedings in relation to the offence have been finalised (within a specified period after so applying for, or commencing engaging in, the work); and

(b) containing any other information the Commissioner thinks fit as to the operation of this Part.

(2) A person must not fail to comply with a notice given to the person under this section.

Maximum penalty: $10 000 or imprisonment for 2 years.

(3) A police officer—

(a) may make such enquiries as the officer thinks necessary to verify information required under a notice; and

(b) may (despite any Act or law) advise any employer or prospective employer of a person arrested or reported for a class 1 or class 2 offence that the person has been so arrested or reported and provide the employer or prospective employer with details of the offence.

(4) A notice under this section must be served on the person to whom the notice relates personally and is not binding on the person until so served.

(5) A police officer may, for the purpose of serving a notice on a person under this section—

(a) require the person to remain at a particular place for—

(i) so long as may be necessary for the notice to be served on the person; or

(ii) 2 hours,

whichever is the lesser; and

(b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).

(6) In this section—

employer includes any person for whom work is performed.

35—Substitution of section 66

Section 66—delete the section and substitute:

66—Offence to fail to disclose arrest or report

(1) A person engaged in child-related work (including work under a contract for services) who is arrested or reported for a class 1 or class 2 offence must disclose that fact to his or her employer within 7 days after being so arrested or reported or, in the case of a person so arrested or reported before the commencement of this subsection, within 7 days after that commencement (if he or she has not already disclosed that fact to his or her employer and proceedings relating to the offence have not been finalised).

Maximum penalty: $5 000.

(2) A person who applies for work (including work under a contract for services) that is child-related work and who has been arrested or reported for a class 1 or class 2 offence must, if proceedings in relation to the offence have not been finalised, disclose the arrest or report to his or her prospective employer at the time of making the application.

Maximum penalty: $5 000.

(3) A person who has (whether before or after the commencement of this subsection) applied for work (including work under a contract for services) that is child-related work and who, while the application is still current, is arrested or reported for a class 1 or class 2 offence must disclose that fact to his or her prospective employer within 7 days after being so arrested or reported or, in the case of a person so arrested or reported before the commencement of this subsection, within 7 days after that commencement (if he or she has not already disclosed that fact to his or her employer and proceedings relating to the offence have not been finalised).

Maximum penalty: $5 000.

(4) This section does not apply to a person arrested or reported for a class 1 or class 2 offence if that offence was allegedly committed by the person while he or she was a child.

(5) The Commissioner may give a person who is arrested or reported for a class 1 or class 2 offence written notice (in a form determined by the Commissioner) advising the person of—

(a) the requirements under this section; and

(b) the consequences that may arise if the person fails to comply with those obligations.

(6) If a person is given a notice under subsection (5), the Commissioner must ensure—

(a) that a determination is made, within a reasonable time, as to whether to charge the person with a class 1 or class 2 offence; and

(b) if a determination is made that the person should not be charged with a class 1 or class 2 offence, that the person is given written notice of that determination.

(7) In proceedings for an offence against this section, it is a defence to the charge for the accused to prove that, at the time the offence against this section is alleged to have been committed—

(a) he or she had not received notice, and was otherwise unaware, of the obligation; or

(b) he or she did not know that the work was child-related work.

(8) In this section—

employer includes any person for whom child-related work is performed.

36—Insertion of Part 5A

After Part 5 insert:

Part 5A—Modifications and suspensions granted by Commissioner

66A—Power to make declaration modifying reporting obligations

(1) A registrable offender may apply to the Commissioner for a declaration modifying his or her reporting obligations.

(2) The Commissioner may refuse to consider an application unless the registrable offender undergoes a risk assessment of a kind determined by the Commissioner (and in accordance with any instructions of the Commissioner).

(3) Any costs associated with the conduct of a risk assessment required by the Commissioner under subsection (2) must be paid by the applicant.

(4) The Commissioner may only make a declaration in relation to a registrable offender under this section if—

(a) the relevant offences were offences against section 49(3), 56 or 58 of the Criminal Law Consolidation Act 1935; and

(b) the offender has been a registrable offender for a period of 12 months or more and has complied with this Act during that period; and

(5) The Commissioner may not make a declaration in relation to a registrable offender under this section if—

(a) there was more than 1 victim of the relevant offences; or

(b) the offender was more than 10 years older than the victim at the time of any relevant offence; or

(d) any relevant offence was committed in connection with child-related work engaged in by the offender.

(6) A declaration may be made subject to such conditions as the Commissioner thinks fit.

(7) In deciding whether to make the declaration and the terms of any such declaration, the Commissioner must take into account—

(a) any risk assessment undertaken in relation to the offender; and

(b) any other offending by the registrable offender; and

(d) the sentencing remarks relating to each relevant offence,

and may take into account any other matter the Commissioner considers appropriate.

Note—

The Commissioner may, for example, consider whether the victim consented to conduct involved in the offence or whether there was grooming involved in the offence, or other conduct that might indicate the risk of further offending.

(8) In this section—

relevant offence, in relation to a registrable offender, means an offence that has resulted in him or her becoming a registrable offender.

66B—Power to make declaration suspending reporting obligations of registrable offender with disability

The Commissioner of Police may, of his or her own motion or on application by a person, suspend a registrable offender's reporting obligations if satisfied that the registrable offender—

(a) has a disability that makes it impossible for the offender to satisfy his or her reporting obligations; and

(b) does not pose a risk to the safety and well-being of children.

66C—General provisions relating to declarations under Part

(1) An application by a person for a declaration under this Part—

(a) must be made in a manner and form determined by the Commissioner; and

(b) must be accompanied by the fee (if any) prescribed by the regulations; and

(2) A declaration under this Part may apply for a specified period or for the remainder of the reporting period (as the Commissioner thinks fit).

(3) The Commissioner may, at any time, vary a declaration relating to a person under this Part.

(4) The Commissioner may only revoke a declaration relating to a person under this Part if—

(a) the person is charged for a class 1 or class 2 offence; or

(b) there is a change in any of the grounds on which the declaration was made.

66D—Appeal to District Court

(2) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.

(3) The Commissioner must, on application by the registrable offender, give the offender a written statement of the reasons for the decision.

37—Insertion of sections 66E, 66F and 66G

Before section 67 insert:

66E—Change of name of registrable offender

(1) A registrable offender must obtain the Commissioner’s written permission before changing, or applying to change, the offender’s name under the Births, Deaths and Marriages Registration Act 1996 or a law of another jurisdiction that provides for registration of a change of name.

Maximum penalty: $10 000 or imprisonment for 2 years.

(2) In deciding whether to give the permission, the Commissioner must consider each of the following:

(a) the safety of the registrable offender and other persons;

(b) the registrable offender’s rehabilitation, care or treatment;

(d) whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.

(3) If a court convicts a person of an offence against subsection (1), the court may, on application by the prosecution, declare a change of name registered under the Births, Deaths and Marriages Registration Act 1996 in relation to the person to be void (and the Registrar under that Act must, on being notified by the Commissioner of that declaration, correct the Register maintained under that Act).

66F—Power to enter and search premises

(1) A police officer may, for the purpose of ensuring compliance with this Act, enter into, break open and search any premises that the police officer suspects on reasonable grounds are occupied by, or under the care, control or management of a serious registrable offender.

(2) The police officer may exercise all or any of the following powers in connection with a search authorised under this section:

(a) the officer may break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not, at the premises;

(b) the officer may inspect any computer or device capable of storing electronic data at those premises;

(c) the officer may remove from the premises any computer or device capable of storing electronic data for the purpose of inspecting the computer or device.

(3) If a serious registrable offender is aware that, in order to gain access to data stored on a computer or other device being inspected or removed by a police officer under this section it is necessary to enter any password, code or other information or to perform any function in relation to the data, he or she must provide the police officer with that password, code or information or assist the police officer in performing that function.

Maximum penalty: Imprisonment for 2 years.

(4) If a serious registrable offender is convicted of an offence against subsection (3) in relation to a computer or device that is owned by him or her, the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct.

(5) If a computer or device removed from premises in accordance with this section is not to be seized and retained as evidence of an offence, the computer or device must be returned to the person from whom it was seized—

(a) as soon as practicable following inspection of the computer or device; or

(b) within 2 months after the removal,

whichever occurs first.

(6) A police officer exercising powers under this section may be assisted by such persons as he or she thinks necessary.

(7) A police officer may use such force to enter premises, or to take other action under this section, as is reasonably necessary for the purpose.

(8) This section is in addition to, and does not derogate from, any other police powers.

66G—Tracking devices

(1) The Commissioner may, on such grounds as the Commissioner thinks fit, issue a requirement to a serious registrable offender that he or she wear or carry a tracking device supplied by the Commissioner for the purpose of monitoring his or her whereabouts (either at all times or at times specified by the Commissioner).

(2) If the Commissioner issues a requirement under this section, the serious registrable offender to whom it is issued must—

(a) wear or carry the device supplied by the Commissioner in accordance with the requirement; and

(b) take reasonable care to maintain the device undamaged (other than by normal wear and tear) during the period for which the requirement applies; and

(c) comply with all reasonable directions of the Commissioner in relation to the device during the period for which the requirement applies.

Maximum penalty: $10 000 or imprisonment for 2 years.

(3) A requirement under this section remains in force for the period specified by the Commissioner when issuing the requirement or until revoked in accordance with this section.

(4) The Commissioner may vary or revoke a requirement under this section at any time, on his or her own initiative or on application by the serious registrable offender.

(5) A serious registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this section may appeal against the decision to the Administrative and Disciplinary Division of the District Court.

(6) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.

(7) The Commissioner must, on application by the serious registrable offender, give the offender a written statement of the reasons for the decision.

(8) If a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the serious registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons.

(9) In this section—

tracking device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.

38—Amendment of section 67—Confidentiality of information

(1) Section 67(1)(b)—after "Schedule 2" insert:

or otherwise in accordance with this Act

(2) Section 67(3)—after "under section" insert:

65A(3) or

39—Insertion of section 72A

After section 72 insert:

72A—Service

(1) A notice or document required or authorised by this Act to be given to or served on a person by the Commissioner may—

(a) be served on the person personally; or

(b) be posted in an envelope addressed to the person's address for service; or

(c) be transmitted by fax or email to the person's facsimile number or electronic mail address (in which case the notice or document will be taken to have been given or served at the time of transmission).

(2) A person's address for service is the postal address of which the Commissioner has been last notified as the person's address for service.

(3) If the Commissioner gives a notice to a registrable offender under this Act, the Commissioner may request the registrable offender to acknowledge receipt of that notice in writing.

40—Amendment of Schedule 1

(1) Schedule 1, clause 2—after paragraph (n) insert:

(na) an offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs;

(2) Schedule 1, clause 2(q) and (r)—delete paragraphs (q) and (r) and substitute:

(q) an offence against section 270.6 of the Criminal Code of the Commonwealth;

(r) an offence against section 272.8 of the Criminal Code of the Commonwealth;

(s) an offence against section 272.10 of the Criminal Code of the Commonwealth;

(t) an offence against section 272.11 of the Criminal Code of the Commonwealth;

(u) an offence against section 272.12 of the Criminal Code of the Commonwealth;

(v) an offence against section 272.13 of the Criminal Code of the Commonwealth;

(w) an offence against section 272.14 of the Criminal Code of the Commonwealth;

(x) an offence against section 272.15 of the Criminal Code of the Commonwealth;

(y) an offence against section 272.18 of the Criminal Code of the Commonwealth;

(z) an offence against section 272.19 of the Criminal Code of the Commonwealth;

(za) an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z).

(3) Schedule 1, clause 3—after paragraph (m) insert:

(ma) an offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs;

(4) Schedule 1, clause 3(p)—delete paragraph (p)

(5) Schedule 1, clause 3—after paragraph (s) insert:

(sa) an offence against section 272.9 of the Criminal Code of the Commonwealth;

(sb) an offence against section 272.20 of the Criminal Code of the Commonwealth;

(sc) an offence against section 471.16 of the Criminal Code of the Commonwealth;

(sd) an offence against section 471.17 of the Criminal Code of the Commonwealth;

(se) an offence against section 471.19 of the Criminal Code of the Commonwealth;

(sf) an offence against section 471.20 of the Criminal Code of the Commonwealth;

(sg) an offence against section 471.22 of the Criminal Code of the Commonwealth;

(sh) an offence against section 471.24 of the Criminal Code of the Commonwealth;

(si) an offence against section 471.25 of the Criminal Code of the Commonwealth;

(sj) an offence against section 471.26 of the Criminal Code of the Commonwealth;

(6) Schedule 1, clause 3—after paragraph (w) insert:

(wa) an offence against section 474.24A of the Criminal Code of the Commonwealth;

(wb) an offence against section 474.25A of the Criminal Code of the Commonwealth;

(wc) an offence against section 474.25B of the Criminal Code of the Commonwealth;

(7) Schedule 1, clause 3—after paragraph (y) insert:

(z) an offence against section 474.27A of the Criminal Code of the Commonwealth;

(za) an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z).

Schedule 1—Related amendments

Part 1—Related amendments to Bail Act 1985

1—Amendment of section 11—Conditions of bail

(1) Section 11—after subsection (2aa) insert:

(2ab) If the applicant is a class 1 or class 2 offence suspect, any grant of bail to the applicant must, subject to this section, be made subject to the following conditions:

(a) a condition that the applicant agrees not to engage in child-related work;

(b) a condition that the applicant agrees not to apply for child-related work.

(2ac) A bail authority may only vary or revoke conditions imposed in accordance with subsection (2ab) if the bail authority is satisfied that—

(a) there are cogent reasons to do so; and

(b) the applicant engaging in child-related work will not pose a risk to the safety and well being of children.

(2ad) If a bail authority varies or revokes a condition imposed by subsection (2ab), the bail authority must make a written record of the reasons for its decision.

(2) Section 11—after subsection (12) insert:

(13) In this section—

child-related work has the same meaning as in the Child Sex Offenders Registration Act 2006;

class 1 offence suspect means a person who has been charged with a class 1 offence (within the meaning of the Child Sex Offenders Registration Act 2006);

class 2 offence suspect means a person who has been charged with a class 2 offence (within the meaning of the Child Sex Offenders Registration Act 2006).

Part 2—Related amendment to Criminal Law (Forensic Procedures) Act 2007

2—Amendment of section 20—Offenders procedures

Section 20(2)—after paragraph (d) insert:

(e) is a registrable offender under the Child Sex Offenders Registration Act 2006.

Part 3—Related amendment to Summary Offences Act 1953

3—Amendment of section 74A—Power to require statement of name and other personal details

Section 74A(5), definition of personal details—after paragraph (e) insert:

and

(f) if the police officer has reasonable cause to suspect that a person has committed, is committing, or is about to commit a sexual offence involving a child or children—the name and address of any place where that person works (whether as an employee, an independent contractor, a volunteer or in any other capacity).

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