Capable of controlling, and willing to control, sexual instincts
48B Capable of controlling, and willing to control, sexual instincts
For the purposes of this Division, a serious child sex offender will, in the absence of evidence to the contrary, be presumed not to be capable of controlling, or willing to control, their sexual instincts.
For the purposes of this Division, a person is only to be regarded as being capable of controlling, and willing to control, their sexual instincts if the Supreme Court is satisfied that, if the person were given an opportunity to commit a triggering child sex offence, the person would be unlikely to commit the offence, or to otherwise fail to exercise appropriate control of their sexual instincts.
In proceedings under this or any other Act, the onus is on a serious child sex offender to prove that they are capable of controlling, and willing to control, their sexual instincts.
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