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TASMANIA
__________
COMMUNITY PROTECTION (OFFENDER
REPORTING) AMENDMENT BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 15 amended (Class 3 offences)
5. Section 17 amended (Report by reportable offender of personal
details)
6. Section 19 amended (Intended absence from Tasmania to be
reported)
7. Section 24 amended (Length of reporting period)
8. Section 25 amended (Reduced period applies for young
reportable offenders)
9. Section 33 amended (Failure to comply with reporting
obligations)
10. Section 36 substituted
36. Notice to be given to reportable offender
11. Section 44A inserted
44A. Provision of information to Registrar of Births,
Deaths and Marriages
12. Section 47 amended (Matters not to be heard in public)
13. Schedule 1 amended (Class 1 offences)
14. Schedule 2 amended (Class 2 offences)
[Bill 18]-I
15. Schedule 3 amended (Class 3 offences)
16. Repeal of Act
2
COMMUNITY PROTECTION (OFFENDER
REPORTING) AMENDMENT BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 May 2011
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Community Protection (Offender
Reporting) Act 2005
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Community
Protection (Offender Reporting) Amendment Act
2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 18] 3
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 3
3. Principal Act
In this Act, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
4. Section 15 amended (Class 3 offences)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f)
"offender." and substituting "offender;
or";
(b) by inserting the following paragraph after
paragraph (f):
(g) an offence against section 159 of
the Criminal Code if there are
reasonable grounds to believe
that, in the course of or as part of
the events surrounding the
commission of that offence, an
offence specified in Schedule 1, 2
or 3 was committed by the
offender.
*No. 61 of 2005
4
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 5
5. Section 17 amended (Report by reportable offender
of personal details)
Section 17 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (1):
(ba) any application he or she has
made, or intends to make, to the
Registrar of Births, Deaths and
Marriages for a change of details;
and
(b) by inserting the following paragraphs
after paragraph (i) in subsection (1):
(ia) details of any internet service
provider or provider of a carriage
service (within the meaning of
the Telecommunications Act 1997
of the Commonwealth) used, or
intended to be used, by the
person; and
(ib) details of the type of any internet
connection used, or intended to
be used, by the person, including
whether the connection is a
wireless, broadband, asymmetric
digital subscriber line (ADSL),
satellite or dial-up connection;
and
(ic) details of any email addresses,
internet user names, instant
5
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 6
messaging user names, chat room
user names or any other user
name or identity used, or intended
to be used, by the person through
the internet or other electronic
communication service and any
passwords associated with each
of these; and
(c) by inserting the following subsection
after subsection (1):
(1A) A reportable offender must
present to the Registrar or an
authorised person for inspection
all valid passports held by the
offender and provide to the
Registrar or an authorised person
updated details in relation to any
of those passports.
6. Section 19 amended (Intended absence from
Tasmania to be reported)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "7" and
substituting "14";
(b) by omitting from subsection (2) "details
of";
6
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 6
(c) by omitting from subsection (2)(a)
"each" and substituting "details of each";
(d) by omitting from subsection (2)(b) "the
approximate" and substituting "details of
the approximate";
(e) by omitting from subsection (2)(c) "each
address" and substituting "details of each
address";
(f) by omitting from subsection (2)(e)
"intention." and substituting "intention;
and";
(g) by inserting the following paragraph after
paragraph (e) in subsection (2):
(f) all valid passports for inspection.
(h) by inserting the following subsection
after subsection (2):
(2A) A reportable offender must
present all valid passports to the
Registrar or an authorised person
for inspection within 7 days after
returning to Tasmania.
(i) by omitting subsection (3) and
substituting the following subsection:
(3) A reportable offender, whether in
Tasmania or elsewhere, who
decides to make a change to
anything presented to the
Registrar or an authorised person
7
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 7
under subsection (2A) must, as
soon as practicable, notify the
Registrar of the change.
7. Section 24 amended (Length of reporting period)
Section 24 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) A reportable offender must continue to
comply with the reporting obligations
imposed by this Part for the remainder of
his or her life or such lesser period as is
determined by the court, if he or she -
(a) is a reportable offender in respect
of an offence described by
section 15(f) or (g); or
(b) has been sentenced for -
(i) 2 or more Class 2
offences; or
(ii) 2 or more Class 3
offences; or
(iii) one or more Class 2
offences and one or more
Class 3 offences.
8
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 8
8. Section 25 amended (Reduced period applies for
young reportable offenders)
Section 25 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsections:
(2) The maximum reporting period for a
person who was a child at the time when
he or she committed an offence referred
to in section 24(1) must not exceed 4
years.
(3) The maximum reporting period for a
person who was a child when he or she
committed an offence referred to in
section 24(2) or (3) must not exceed 7
years 6 months.
9. Section 33 amended (Failure to comply with
reporting obligations)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting from the penalty "50" and
substituting "100";
(b) by omitting from the penalty "6 months"
and substituting "2 years".
9
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 10
10. Section 36 substituted
Section 36 of the Principal Act is repealed and
the following section is substituted:
36. Notice to be given to reportable offender
(1) A court must provide a reportable
offender with written notice of -
(a) his or her reporting obligations;
and
(b) the consequences that may ensue
if he or she fails to comply with
those, or any of those,
obligations.
(2) A court may order that a reportable
offender remain in the court until a notice
of his or her reporting obligations can be
prepared and served on the offender.
11. Section 44A inserted
After section 44 of the Principal Act, the
following section is inserted in Part 4:
44A. Provision of information to Registrar of
Births, Deaths and Marriages
(1) The Commissioner or the Registrar may
in writing provide to the Registrar of
Births, Deaths and Marriages information
from the Register, including but not
10
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 11
limited to the name, date of birth and
addresses of a reportable offender.
(2) The Registrar of Births, Deaths and
Marriages must inform the
Commissioner in writing of any
application received from a reportable
offender for a change of name of the
reportable offender.
(3) On receipt of the information under
subsection (2) -
(a) the Commissioner may, in
writing, order the Registrar of
Births, Deaths and Marriages to
refuse to register the change of
name of a reportable offender;
and
(b) advise the reportable offender in
writing that the Commissioner
has ordered the Registrar of
Births, Deaths and Marriages to
refuse to register the change of
name.
(4) A reportable offender who is aggrieved
by the decision of the Commissioner to
order the Registrar of Births, Deaths and
Marriages to refuse to register the change
of name may apply to the Magistrates
Court (Administrative Appeals Division)
for a review of that decision.
11
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 12
12. Section 47 amended (Matters not to be heard in
public)
Section 47 of the Principal Act is amended by
omitting "section 8, 28, 33 or 34" and
substituting "section 8, 28, 33, 34 or 44A".
13. Schedule 1 amended (Class 1 offences)
Schedule 1 to the Principal Act is amended by
omitting
Section 474.19 Using a carriage service to
access child pornography
material
Using a carriage service to cause
child pornography material to be
transmitted
Using a carriage service to
transmit child pornography
material
Using a carriage service to make
child pornography material
available
Using a carriage service to
access child pornography
material
12
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 13
Using a carriage service to
publish or otherwise distribute
child pornography material
Section 474.20 Possessing child pornography
material for use through a
carriage service
Producing child pornography
material for use through a
carriage service
Supplying child pornography
material for use through a
carriage service
Obtaining child pornography
material for use through a
carriage service
Section 474.22 Using a carriage service to
access child abuse material
Using a carriage service to cause
child abuse material to be
transmitted
Using a carriage service to
transmit child abuse material
Using a carriage service to make
child abuse material available
Using a carriage service to
access child abuse material
13
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 13
Using a carriage service to
publish or otherwise distribute
child abuse material
Section 474.23 Possessing child abuse material
for use through a carriage
service
Producing child abuse material
for use through a carriage
service
Supplying child abuse material
for use through a carriage
service
Obtaining child abuse material
for use through a carriage
service
Section 474.26 Using a carriage service to
procure persons under 16 years
of age
Section 474.27 Using a carriage service to
"groom" persons under 16 years
of age
and substituting:
Section 273.5 Possessing, controlling,
producing, distributing or
obtaining child pornography
material outside Australia
14
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 13
Section 273.6 Possessing, controlling,
producing, distributing or
obtaining child abuse material
outside Australia
Section 471.16 Using a postal or similar service
for child pornography material
Section 471.17 Possessing, controlling,
producing, supplying or
obtaining child pornography
material for use through a postal
or similar service
Section 471.19 Using a postal or similar service
for child abuse material
Section 471.20 Possessing, controlling,
producing, supplying or
obtaining child abuse material
for use through a postal or
similar service
Section 471.24 Using a postal or similar service
to procure persons under 16
Section 471.25 Using a postal or similar service
to "groom" persons under 16
Section 471.26 Using a postal or similar service
to send indecent material to
person under 16
Section 474.19 Using a carriage service for child
pornography material
15
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 13
Section 474.20 Possessing, controlling,
producing, supplying or
obtaining child pornography
material for use through a
carriage service
Section 474.22 Using a carriage service for child
abuse material
Section 474.23 Possessing, controlling,
producing, supplying or
obtaining child abuse material
for use through a carriage
service
Section 474.25A Using a carriage service for
sexual activity with person under
16 years of age
Section 474.26 Using a carriage service to
procure persons under 16 years
of age
Section 474.27 Using a carriage service to
"groom" persons under 16 years
of age
Section 474.27A Using a carriage service to
transmit indecent
communication to person under
16 years of age
16
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 14
14. Schedule 2 amended (Class 2 offences)
Schedule 2 to the Principal Act is amended as
follows:
(a) by omitting
Crimes Act 1914 of the
Commonwealth
Section 50BC Sexual conduct involving child
under 16 years of age
Section 50BD Inducing child under 16 years of
age to be involved in sexual
conduct
Section 50DA Benefiting from offence against
Part IIIA
Section 50DB Encouraging offence against
Part IIIA
and substituting the following items:
Criminal Code Act 1995 of the
Commonwealth
Section 272.9 Sexual activity (other than
sexual intercourse) with a child
outside Australia
Section 272.12 Sexual intercourse with young
person outside Australia -
defendant in position of trust or
authority
17
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 14
Section 272.13 Sexual activity (other than
sexual intercourse) with young
person outside Australia -
defendant in position of trust or
authority
Section 272.14 Procuring child to engage in
sexual activity outside Australia
Section 272.15 "Grooming" child to engage in
sexual activity outside Australia
Section 272.20 Preparing for or planning
offence against this Division
Section 273.7 Aggravated offence - offence
involving conduct on 3 or more
occasions and 2 or more people
Section 471.22 Aggravated offence - offence
involving conduct on 3 or more
occasions and 2 or more people
Section 474.24A Aggravated offence - offence
involving conduct on 3 or more
occasions and 2 or more people
Section 474.25B Aggravated offence - child with
mental impairment or under
care, supervision or authority of
defendant
(b) by inserting after
Criminal Code
18
Community Protection (Offender Reporting) Amendment Act 2011
Act No. of
s. 15
the following item:
Section 122 Unnatural crimes
15. Schedule 3 amended (Class 3 offences)
Schedule 3 to the Principal Act is amended as
follows:
(a) by omitting
Crimes Act 1914 of the
Commonwealth
and substituting the following item:
Criminal Code Act 1995 of the
Commonwealth
(b) by omitting
Section 50BA Sexual intercourse with a child
under 16 years of age
Section 50BB Inducing child under 16 years of
age to engage in sexual
intercourse
and substituting the following items:
Section 272.8 Sexual intercourse with a child
outside Australia
19
Community Protection (Offender Reporting) Amendment Act
2011
Act No. of
s. 16
Section 272.10 Aggravated offence - child with
mental impairment or under
care, supervision or authority of
defendant
Section 272.11 Persistent sexual abuse of child
outside Australia
Section 272.18 Benefiting from offence against
this Division
Section 272.19 Encouraging offence against this
Division
16. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
20 Government Printer, Tasmania