Victorian Current Acts

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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 45A

Chief Commissioner of Police may suspend reporting obligations for period not exceeding 5 years in certain circumstances

S. 45A(1) amended by No. 25/2017 s. 17(2).

    (1)     Subject to subsection (2), the Chief Commissioner of Police, by written notice served on a registrable offender, may suspend the registrable offender's reporting obligations for a period (not exceeding 5 years) specified in the notice.

S. 45A(2) amended by No. 25/2017 s. 17(3).

    (2)     The Chief Commissioner of Police must not act under subsection (1) unless satisfied that the registrable offender does not pose a risk or poses a low risk to the sexual safety of one or more persons or of the community.

    (3)     In deciding whether to act under subsection (1), the Chief Commissioner of Police must take into account—

        (a)     the seriousness of the registrable offender's registrable offences and corresponding registrable offences; and

        (b)     the period of time since those offences were committed; and

        (c)     the age of the registrable offender, the age of the victims of those offences and the difference in age between the registrable offender and the victims of those offences, as at the time those offences were committed; and

        (d)     the registrable offender's present age; and

        (e)     the registrable offender's total criminal record; and

        (f)     the extent to which the registrable offender has complied with their reporting obligations; and

        (g)     the registrable offender's physical or cognitive capacity to comply with their reporting obligations; and

        (h)     any other matter that the Chief Commissioner of Police considers appropriate.

    (4)     The Chief Commissioner of Police—

        (a)     may suspend a registrable offender's reporting obligations more than once; and

        (b)     may cancel a suspension under this section at any time.

    (5)     A suspension under this section is taken to be cancelled if during the period of the suspension an order is made under section 40 in respect of the registrable offender.

Division 7—Offences



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