Community Protection (Offender Reporting) Act 2004

If —

a court finds a person guilty of an offence that is not —

a Class 1 offence or a Class 2 offence; or

an offence referred to in section 14B(1) committed by the person when they were a child;

apart from this section, that offence would not result in the person becoming a reportable offender,

The court may make the order only if it is satisfied that the offender poses a risk to the lives or the sexual safety of one or more persons, or persons generally.

For the purposes of subsection (2), it is not necessary that the court be able to identify a risk to a particular person or particular persons or a particular class of persons.

In deciding whether to make the order in relation to an offence, the court may take into account the following —

any evidence given during proceedings for the offence;

any document or record (including an electronic document or record) served on the offender by the prosecution;

any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to the offence;

any evidence given by a victim or the offender in relation to the making of the order;

any pre‑sentence report given to the court;

any victim impact statement given to the court;

any mediation report given to the court;

any other matter the court considers relevant.

The court may make the order at the time the person is sentenced for the offence.

An application for the imposition of the order may be made by the prosecution, but an application is not necessary for the court to make the order.

If the order is not made at the time the person is sentenced for the offence, an application for the imposition of the order may be made to the court by the Commissioner —

within the period of 6 months after the person is sentenced for the offence; or

if the person is in government custody during all or any part of that period — within the period that begins when the person is sentenced for the offence and ends 6 months after the person ceases to be in government custody.

For the purposes of an application made under subsection (7A), the reference in subsection (4)(b) to the prosecution is taken to include a reference to the Commissioner.

For the purposes of Part 3 Division 5, a person subject to an order made under this section is taken to have been found guilty of a Class 2 offence.