Community Protection (Offender Reporting) Act 2005

In this Act, unless the context otherwise requires –

approved place means a place approved by the Registrar under section 20;

authorised person means a police officer of a class prescribed by the regulations;

child means a person who is under 18 years of age;

Class 1 offence has the meaning given to that term in section 13;

Class 2 offence has the meaning given to that term in section 14;

Class 3 offence has the meaning given to that term in section 15;

Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Service Act 2003;

community order means – a community service order or probation order made under the Sentencing Act 1997; or a community service order or probation order made under the Youth Justice Act 1997;

community protection order has the meaning given to that term in section 3A;

corresponding Act means a law of a foreign jurisdiction that – provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and is prescribed by the regulations to be a corresponding Act for the purposes of this Act;

corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders that are prescribed by the regulations to be corresponding offender reporting orders for the purposes of this Act;

corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Registrar under this Act;

corresponding reportable offence means an offence that is a reportable offence for the purposes of a corresponding Act but is not a reportable offence as referred to in section 12(a), (b) or (c);

corresponding reportable offender has the meaning given to that term in section 11;

court includes a court (however described) of a foreign jurisdiction;

detainee means a person who is subject to a detention order under section 47 of the Youth Justice Act 1997;

existing controlled offender means a person who, as a result of having been sentenced for a reportable offence, is subject to a community order or parole or is under the supervision of a supervising authority immediately before the commencement of this Act and includes a person who was under similar supervision under the laws of a foreign jurisdiction and a person who was in government custody in respect of a reportable offence at that time;

foreign jurisdiction means a jurisdiction other than Tasmania (including jurisdictions outside Australia);

foreign witness-protection law means a law of a foreign jurisdiction that provides for the protection of witnesses;

government custody means – custody as a prisoner or detainee or as a mentally impaired defendant where the order made under the Criminal Justice (Mental Impairment) Act 1999 requires the person to be detained in a secure mental health unit (or, in the case of an order made under Part 4 of that Act before 20 February 2006, detained in a special facility within the meaning of that Act as originally enacted) or to be kept in government custody; or custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a);

non-intimate forensic procedure means non-intimate forensic procedure as defined in the Forensic Procedures Act 2000;

offender reporting order means an order made under section 6, 7 or 9 and includes a corresponding offender reporting order;

parole means parole under an order made under the Corrections Act 1997 and includes parole under an equivalent order made under the laws of a foreign jurisdiction;

personal details means the information listed in section 17(1);

personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information;

prisoner has the meaning given to that term in the Corrections Act 1997;

public authority means – a State Service Agency; or a council; or any other body, whether incorporated or not, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State;

Register means the Community Protection Offender Register established under section 43;

Registrar means a police officer appointed to that position under section 42;

reportable contact, in relation to a reportable offender's contact with a child, means the contact listed in section 17(4);

reportable offence has the meaning given to that term in section 12;

reportable offender has the meaning given to that term in section 5;

reporting obligations, in relation to a reportable offender, means the obligations imposed on him or her by Part 3;

reporting period means the period, as determined under Division 5 of Part 3, during which a reportable offender must comply with his or her reporting obligations;

sentence includes – an exercise of power under section 7 of the Sentencing Act 1997; and an exercise of power under section 47 of the Youth Justice Act 1997; and an order made under the Criminal Justice (Mental Impairment) Act 1999; and anything prescribed by the regulations to be a sentence for the purposes of this definition – and any sentence or equivalent exercise of power or order under the laws of a foreign jurisdiction;

supervising authority, in relation to a class of reportable offenders, means the authority prescribed by the regulations as the supervising authority of that class of reportable offenders;

young reportable offender means a reportable offender who is a child.