Terms used
3 Terms used
In this Act, unless the context otherwise requires —
approved place means a place approved by the Commissioner under section 34(1)(b);
authorised person means a police officer or a person, or a person who falls within a class of persons, 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 10;
Class 2 offence has the meaning given to that term in section 11;
Class 3 offence has the meaning given to that term in section 12;
commencement day means the day on which section 24 comes into operation;
Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
community order means —
a community based order or intensive supervision order made under the Sentencing Act 1995; or
a youth community based order or intensive youth supervision order made under the Young Offenders Act 1994; or
a community supervision order or an interim or extended community supervision order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(b) of that Act;
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 to be a corresponding Act for the purposes of this Act;
corresponding juvenile offender exemption order means an order of a prescribed class of court orders that —
are made under a corresponding Act; and
exempt an offender from being a reportable offender (however described) under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile offender non‑registration order means an order of a prescribed class of court orders that —
are made under a corresponding Act; and
have the effect of not subjecting an offender to requirements for the offender to report under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile offender reporting order means an order of a prescribed class of court orders that —
are made under a corresponding Act; and
have the effect of requiring an offender to report under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile scheme jurisdiction means a foreign jurisdiction that has a corresponding Act in force under which any of the following may be made —
a corresponding juvenile offender reporting order;
a corresponding juvenile offender non‑registration order;
corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders that are prescribed 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 Commissioner 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 defined in section 9;
corresponding reportable offender has the meaning given to that term in section 7;
court includes a court (however described) of a foreign jurisdiction;
detainee means a person who is detained in a detention centre, as defined in the Young Offenders Act 1994 section 3;
detainee under the CLMI Act means a person subject to a custody order or an interim or extended custody order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(a) of that Act;
disability, in relation to a person, means —
any defect or disturbance in the normal structure or functioning of the person’s body; or
any defect or disturbance in the normal structure or functioning of the person’s brain; or
any illness or condition that impairs the person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour,
whether arising from a condition subsisting at birth or from an illness or injury;
electronic device means any device capable of storing or accessing electronic data;
existing controlled reportable offender means a person who, as a result of having been sentenced for a reportable offence, was under the supervision of a supervising authority or any other person immediately before the commencement day and includes a person who was in government custody in respect of a reportable offence at that time;
existing licensee means a person who is released under —
a re‑entry release order made under the Sentence Administration Act 2003; or
a supervised release order made under the Young Offenders Act 1994,
and includes a person who has a similar status under the laws of a foreign jurisdiction;
finding of guilt has the meaning given to that term in section 4;
foreign jurisdiction means a jurisdiction other than Western Australia (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, detainee or detainee under the CLMI Act; or
custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a); or
immigration detention under a law of a foreign jurisdiction;
immigration detention —
includes immigration detention as defined in the Migration Act 1958 (Commonwealth) section 5(1); but
does not include detention during a period when a person undertakes the detention in the community;
Example for this definition:
For the purposes of paragraph (b) — detention of a person subject to a residence determination under the Migration Act 1958 (Commonwealth) section 197AB(1).
juvenile offender exemption order means an order made under section 14E or 14F;
juvenile offender reporting order means an order made under section 14B;
New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales;
New South Wales reportable offender has the meaning given to that term in section 8;
non‑intimate identifying procedure has the meaning given in the Criminal Investigation (Identifying People) Act 2002 section 3(1);
offender reporting order means an order made under section 13 or 14A and includes a corresponding offender reporting order;
parole means parole under an order made under the Sentence Administration Act 2003 and includes parole under an equivalent order made under the laws of a foreign jurisdiction;
past offender reporting order means an order made under section 15A or 15B;
personal details means the information listed in section 26(1);
personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information;
premises includes part of premises;
prescribed means prescribed by regulations made under this Act;
prisoner has the meaning given to that term in the Prisons Act 1981 section 3;
protection order has the meaning given to that term in section 85;
public authority means —
a department of the Public Service; or
a local government, regional local government or regional subsidiary; or
a body, whether incorporated or not, or the holder of an office, being a body or office that is established for a public purpose under a written law and that, under the authority of a written law, performs a function on behalf of the State;
Register means the Community Protection Offender Register established under section 80;
reportable contact has the meaning given in section 4A;
reportable contact details has the meaning given in section 4B;
reportable offence has the meaning given to that term in section 9;
reportable offender has the meaning given to that term in section 6;
reporting obligations, in relation to a reportable offender, means the obligations imposed on the offender by Part 3;
reporting order means any of the following —
an offender reporting order;
a past offender reporting order;
a juvenile offender reporting order;
a corresponding juvenile offender reporting order;
Note for this definition:
For the purposes of paragraph (a) — an offender reporting order includes a corresponding offender reporting order.
reporting period means the period, as determined under Part 3 Division 5, during which a reportable offender must comply with the offender’s reporting obligations;
senior police officer means a police officer of, or acting in, the rank of sergeant or a higher rank;
sentence includes —
an exercise of power under the Sentencing Act 1995 Part 6; and
an order under the Sentencing Act 1995 Part 7; and
an exercise of power under the Young Offenders Act 1994 section 66, 67, 69 or 70; and
a custody order or an interim or extended custody order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(a) of that Act; and
a special order made under the Young Offenders Act 1994 section 126; and
anything prescribed 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;
strict government custody, in relation to a reportable offender, means custody as a person in immigration detention, as a prisoner, detainee or detainee under the CLMI Act, but does not include such custody if the reportable offender —
is regularly permitted to be absent from a place of custody for any period, regardless of its length, whether on leave of absence or otherwise; and
is not during any such period under the immediate supervision of an officer of a supervising authority or other person having custody of the reportable offender;
supervising authority, in relation to a class of reportable offenders, means the authority prescribed as the supervising authority of that class of reportable offenders;
WA Police has the meaning given in the Criminal Investigation (Identifying People) Act 2002 section 3(1);
young reportable offender means a reportable offender who is a child.
[Section 3 amended: No. 47 of 2011 s. 15; No. 54 of 2012 s. 4 and 39; No. 26 of 2016 s. 46; No. 10 of 2023 s. 285; No. 31 of 2024 s. 28; No. 35 of 2024 s. 4, 59 and 68.]
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