Victorian Numbered Acts

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SEX OFFENDERS REGISTRATION ACT 2004 (NO 56 OF 2004)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY MATTERS

   1.      Purpose and outline  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of finding of guilt  
   5.      Other reference provisions  

   PART 2--OFFENDERS TO WHOM ACT APPLIES

   6.      Who is a registrable offender?  
   7.      What is a registrable offence?  
   8.      What are class 3 and class 4 offences?  
   9.      Who is a corresponding registrable offender?  
   10.     Who is a New South Wales registrable offender?  
   11.     Sex offender registration order  

   PART 3--REPORTING OBLIGATIONS

           Division 1--Initial Report

   12.     When the report must be made  
   13.     When new initial report must be made by offender whose previous reporting obligations have ceased  
   14.     Initial report by registrable offender of personal details  
   15.     Persons required to report under corresponding Act  

           Division 2--Ongoing Reporting Obligations

   16.     Registrable offender must report annually  
   17.     Registrable offender must report changes to relevant personal details  
   18.     Intended absence from Victoria to be reported  
   19.     Change of travel plans while out of Victoria to be given  
   20.     Registrable offender to report return to Victoria or decision not to leave  
   21.     Report of other absences from Victoria  

           Division 3--Provisions Applying to All Reporting Obligations

   22.     Where report is to be made  
   23.     How reports to be made  
   24.     Right to privacy and support when reporting  
   25.     Receipt of information to be acknowledged  
   26.     Additional matters to be provided  
   27.     Power to take fingerprints or fingerscan  
   28.     Reasonable force may be used to obtain fingerprints  
   29.     Photographs  
   30.     Retention of material for certain purposes  
   31.     Reporting by remote offenders  
   32.     Suspension and extension of reporting obligations  

           Division 5--Reporting Period

   33.     When reporting obligations begin  
   34.     Length of reporting period  
   35.     Reduced period applies for juvenile registrable offenders  
   36.     Extended reporting period if registrable offender still on parole  
   37.     Reporting period for corresponding registrable offenders  
   38.     Reporting period for New South Wales registrable offenders  

           Division 6--Exemption From Reporting Obligations

   39.     Supreme Court may exempt certain registrable offenders  
   40.     Order for suspension  
   41.     Chief Commissioner is party to application  
   42.     No costs to be awarded  
   43.     Restriction on right of unsuccessful applicant to re-apply for order  
   44.     Cessation of order  
   45.     Application for new order  

           Division 7--Offences

   46.     Offence of failing to comply with reporting obligations  
   47.     Offence of furnishing false or misleading information  
   48.     Time limit for prosecutions waived  
   49.     Bar to prosecution for failing to report leaving Victoria  

           Division 8--Notification of Reporting Obligations

   50.     Notice to be given to registrable offender  
   51.     Courts to provide sentencing information to Chief Commissioner of Police  
   52.     Notice to be given when reporting period changes  
   53.     Supervising authority to notify Chief Commissioner of Police of certain events  
   54.     Notices may be given by Chief Commissioner  
   55.     Failure to comply with procedural requirements does not affect registrable offender's obligations  

           Division 9--Modified Reporting Procedures for Protected Witnesses

   56.     Who this Division applies to  
   57.     Report need not be made in person  
   58.     Order as to whether this Division applies  
   59.     Appeal against order  
   60.     When order takes effect  
   61.     Modification of ongoing reporting obligations  

   PART 4--THE SEX OFFENDER REGISTER

   62.     Register of Sex Offenders  
   63.     Access to the Register to be restricted  
   64.     Person with access to Register not to disclose personal information from it  
   65.     Restriction on who may access personal information on protected witnesses  
   66.     Registrable offender's rights in relation to Register  

   PART 5--REGISTERED SEX OFFENDERS PROHIBITED FROM CHILD-RELATED EMPLOYMENT

   67.     Definitions  
   68.     Registered sex offender excluded from child-related employment  
   69.     Offence to fail to disclose charges  
   70.     Confidentiality of information  

   PART 6--OTHER MATTERS

   71.     Exclusion of liability  
   72.     Effect of spent convictions  
   73.     Certificate concerning evidence  
   74.     Supreme Court—limitation of jurisdiction  
   75.     Regulations  

   PART 7--AMENDMENT OF OTHER ACTS

   76.     Role of Police Ombudsman under Ombudsman Act 1973  
   77.     New Division 3B inserted in Part 4 of the Ombudsman Act 1973  
   78.     New section 25B inserted in Ombudsman Act 1973  
   79.     Consequential amendment of Crimes Act 1958  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES


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