Community Protection (Offender Reporting) Act 2004

This section applies to a reportable offender who was in immigration detention for a period beginning before commencement day.

Any period for which the offender was in immigration detention before commencement day while they were a reportable offender must not be taken to extend the offender’s reporting period under section 44(2) as if that period of immigration detention were a period in which the offender was in government custody.

Part 3 Division 1 does not apply to the offender in relation to the offender ceasing to be in that immigration detention on or after commencement day if the offender has made an initial report under Part 3 Division 1 before commencement day.

Section 45(b) does not apply to the offender if the offender is released from the immigration detention on or after commencement day.

A reference to government custody in Part 3 Division 6 in relation to the offender is taken to include a reference to any period for which the offender was in immigration detention before commencement day while they were a reportable offender.

Despite The Criminal Code section 11, a person may be prosecuted and punished for an offence committed against section 63 in relation to a failure to comply with a reporting obligation under this Act as in force immediately before commencement day during a period while the person was in the immigration detention before commencement day.

Despite The Criminal Code section 11, a person may be prosecuted and punished for an offence committed against section 64 in relation to purported compliance with Part 3 under this Act as in force immediately before commencement day during a period while the person was in the immigration detention before commencement day.