S. 3 def. of supervised sentence amended by Nos 34/2005 s. 4(6), 48/2006 s. 42(Sch. item 33.3(b)), 26/2014 s. 455(Sch. item 27.1(d)), 55/2014 s. 152(1)(e). supervised sentence means— (a) a sentence referred to in section 6C(1) of the Corrections Act 1986; or (b) a community service order; or (c) a good behaviour bond under which the person is required to submit to strict supervision; or (ca) an order referred to in section 360(1) of the Children, Youth and Families Act 2005 under which the child is required to submit to strict supervision; or * * * * * (d) a non-custodial supervision order made under section 26(2)(b) or 38ZH(5)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3 def. of supervising authority substituted by No. 79/2006 s. 53(2), amended by No. 82/2012 s. 130(1). supervising authority means— (a) the Secretary in relation to an offender serving— (i) a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence; or (ii) an order referred to in paragraph (a) of the definition of good behaviour bond in section 3 under which the person is required to submit to strict supervision; and (b) the entity deemed by the regulations for the purposes of this definition to have custody of, or to be responsible for supervising, the class of offender to which any other offender belongs;
S. 28(2) amended by Nos 34/2005 s. 13(2), 37/2014 s. 10(Sch. item 154.6(b)(i)). (2) A police officer, or a person authorised by him or her, may use reasonable force to take the fingerprints or a fingerscan of a registrable offender or to expose a part of the body of a registrable offender that the police officer is authorised under section 27A to ask the registrable offender to expose to enable the taking of photographs of that part of the body if— (a) the registrable offender refuses to co-operate voluntarily; and S. 28(2)(b) amended by No. 37/2014 s. 10(Sch. item 154.6(b)). (b) the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant. S. 28(3) amended by No. 34/2005 s. 13(3). (3) If reasonable force is to be used under section 27 or 27A, a person of the same sex as the registrable offender must, if practicable, be the person who uses the reasonable force. 29 Photographs S. 29(1)(2) repealed by No. 34/2005 s. 14(1). * * * * * S. 29(3) amended by No. 34/2005 s. 14(2). (3) Any photograph taken under section 27A must be taken— (a) in a place where no members of the public are present; and (b) if practicable, by a person of the same sex as the registrable offender. S. 29(4) amended by Nos 34/2005 s. 14(2), 37/2014 s. 10(Sch. item 154.7). (4) If practicable, any police officer present in a place while a photograph is being taken under section 27A must be of the same sex as the registrable offender.
Penalty: Level 6 imprisonment (5 years maximum). (5) In this section— access, in relation to data held in a computer or device, means— (a) the display of the data by the computer or device or any other output of the data from the computer or device; or (b) the copying or moving of the data to any other place in the computer or to a device; or (c) in the case of a program, the execution of the program; data includes— (a) information in any form; and (b) any program or part of a program; data held in a computer or device includes— (a) data entered or copied into the computer or device; and (b) data held in any removable data storage device for the time being in the computer; and (c) data held in a data storage device on a computer network of which the computer or device forms part; data storage device means any thing containing or designed to contain data for use by a computer; Examples A USB storage device or a file server.
(1) The fact that an offence in respect of which a registrable offender has been found guilty becomes spent does not affect— (a) the status of the offence as a registrable offence for the purposes of this Act in respect of the registrable offender; or (b) any reporting obligations of the registrable offender. (2) For the purposes of this section, an offence becomes spent if, under a law in any jurisdiction, the registrable offender is permitted to not disclose the fact that he or she was convicted or found guilty of the offence. 73 Certificate concerning evidence S. 73(1) amended by No. 37/2014 s. 10(Sch. item 154.10). (1) In proceedings under this Act, a certificate signed by the Chief Commissioner of Police, or a police officer holding a position designated in writing by the Chief Commissioner of Police for the purposes of this section, certifying that the Register— (a) at any particular date contained information specified in the certificate; or (b) indicated that, during any particular period, a specified person failed to notify information as required by this Act— is evidence, and in the absence of evidence to the contrary is proof, of the details specified in the certificate. (2) For the purposes of this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate.
(2) For the purposes of subsection (1), a sentence imposed by an appellate court on setting aside a sentencing order must be taken to have been imposed at the time the original sentencing order was made. S. 73D inserted by No. 82/2012 s. 137. 73D Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 (1) If, before the commencement day, the Director had received an appeal under section 59 but had not determined it, the IBAC must determine the appeal in accordance with that section. (2) If, before the commencement day, the Director has carried out an inspection under section 66C but has not provided a written report to the Minister under section 66D in relation to that inspection, on and from the commencement day, the IBAC may report on that inspection as if the IBAC had carried out that inspection. (3) If, before the commencement day, the Director had been requested under section 66D(2) by the Minister to give a report but had not commenced that report, or had commenced the report but not completed it, on and from the commencement day, the IBAC must give that report, or complete that report, as the case requires, as if the Minister had requested IBAC to make that report. (4) The IBAC must give a copy of a report referred to in subsection (3) to the Chief Commissioner in accordance with section 66D(3). (5) In this section, commencement day means the day on which section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation.
Sch. 1 item 2 amended by No. 2/2006 s. 45(1)(c), substituted by No. 47/2016 s. 43(4). 2 An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16). Sch. 1 item 3 substituted by No. 47/2016 s. 43(4). 3 An offence against section 49S(1) of the Crimes Act 1958 (facilitating a sexual offence against a child). Sch. 1 item 4 repealed by No. 34/2005 s. 24(1)(c), new Sch. 1 item 4 inserted by No. 47/2016 s. 43(4). 4 An offence against section 47A(1) of the Crimes Act 1958 (persistent sexual abuse of child under the age of 16) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. Sch. 1 item 5 repealed by No. 34/2005 s. 24(1)(c), new Sch. 1 item 5 inserted by No. 47/2016 s. 43(4). 5 An offence against section 49A(1) of the Crimes Act 1958 (facilitating sexual offences against children) inserted in the Crimes Act 1958 on 13 June 1995 by section 93 of the Sex Work Act 1994 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. Sch. 1 item 6 amended by Nos 34/2005 s. 24(1)(d), 47/2016 s. 43(5). 6. An offence against a provision of the Crimes Act 1958 amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in items 1 to 5. Sch. 1 item 6A inserted by No. 34/2005 s. 21, renumbered as Sch. 1 item 6AA by No. 14/2006 s. 20, substituted by No. 47/2016 s. 43(6). 6AA An offence against section 53E(1) of the Crimes Act 1958 (aggravated sexual servitude).
Sch. 2 item 18A inserted by No. 34/2005 s. 22(2), substituted by No. 47/2016 s. 43(8). 18A An offence against section 54A(1) of the Crimes Act 1958 (bestiality). Sch. 2 item 19 amended by Nos 74/2014 s. 33(2)(c), 52/2015 s. 47, 47/2016 s. 43(9). 19. An offence against section 76 of the Crimes Act 1958 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958 on a child. Sch. 2 item 20 amended by Nos 74/2014 s. 33(2)(c), 52/2015 s. 47, 47/2016 s. 43(9). 20. An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958 on a child. Sch. 2 item 21 amended by No. 63/2010 s. 81(Sch. item 12.1). 21. An offence against section 5(1) of the Sex Work Act 1994 (causing or inducing a child to take part in sex work). Sch. 2 item 22 amended by No. 63/2010 s. 81(Sch. item 12.2). 22. An offence against section 6(1) of the Sex Work Act 1994 (obtaining payment for sexual services provided by a child). Sch. 2 item 23 amended by No. 63/2010 s. 81(Sch. item 12.2). 23. An offence against section 7(1) of the Sex Work Act 1994 (agreement for provision of sexual services by a child). Sch. 2 item 24 amended by No. 63/2010 s. 81(Sch. item 12.3). 24. An offence against section 11(1) of the Sex Work Act 1994 (allowing child to take part in sex work).
Sch. 4 item 6A inserted by No. 47/2016 s. 43(14). 6A An offence against section 53B(1) of the Crimes Act 1958 (using force, threat etc. to cause another person to provide commercial sexual services). Sch. 4 item 7 substituted by No. 47/2016 s. 43(14). 7 An offence against section 53C(1) of the Crimes Act 1958 (causing another person to provide commercial sexual services in circumstances involving sexual servitude). Sch. 4 item 7A inserted by No. 34/2005 s. 23, substituted by No. 47/2016 s. 43(14). 7A An offence against section 53D(1) of the Crimes Act 1958 (conducting a business in circumstances involving sexual servitude). Sch. 4 item 7B inserted by No. 34/2005 s. 23, substituted by No. 47/2016 s. 43(14). 7B An offence against section 53F(1) of the Crimes Act 1958 (deceptive recruiting for commercial sexual services). Sch. 4 item 8 amended by Nos 74/2014 s. 33(4)(c), 52/2015 s. 48, 47/2016 s. 43(15). 8. An offence against section 76 of the Crimes Act 1958 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. Sch. 4 item 9 amended by Nos 74/2014 s. 33(4)(c), 52/2015 s. 48, 47/2016 s. 43(15). 9. An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. 10. An offence against a provision of the Crimes Act 1958 amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in items 1 to 9.
offence to which the application relates; or (d) is a corresponding registrable offender or a New South Wales registrable offender. (3) A person may not apply for a registration exemption order in respect of a specified offence against more than one victim unless the offence relates to the possession of child abuse material or child pornography. (4) An application may relate to more than one specified offence if— (a) each specified offence relates to the possession of child abuse material or child pornography; or (b) each specified offence was committed against the same victim. 11B Determination of application (1) On the hearing of an application under section 11A, a court may, by order, declare that the applicant is not a registrable offender in respect of a specified offence if the court is satisfied on the balance of probabilities that— (a) at all times during the commission of the specified offence— (i) any victim of the offence is of or over the age of 14 years; or (ii) any person depicted or described in any material to which the offence relates is of or over the age of 14 years; and (b) the applicant poses no risk or a low risk to the sexual safety of one or more