Community Protection (Offender Reporting) Act 2004

Subject to subsections (4), (5) and (5A), a reportable offender is a person whom a court, on or after the commencement day, sentences for a reportable offence.

A person is also a reportable offender if —

the person was sentenced for a reportable offence before the commencement day and is an existing controlled reportable offender in respect of that offence; or

if paragraph (a) does not apply, the person —

was sentenced before the commencement day for 2 or more reportable offences; and

at least one of those offences was committed within 8 years before that day.

A person who is —

a corresponding reportable offender; or

a New South Wales reportable offender,

Unless a person is a reportable offender because of subsection (3), a person is not a reportable offender merely because the person as a child committed a single offence (including an offence under the laws of a foreign jurisdiction) that falls within a class of offences that are prescribed to be offences for the purposes of this subsection.

A person is also not a reportable offender if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.

If a reporting order is made in relation to an offence committed by a person after the person is sentenced for the offence, the person is taken to be a reportable offender when the order is made rather than when the person is sentenced for the offence.

A person ceases to be a reportable offender if —

the finding of guilt in respect of the only offence that makes the person a reportable offender for the purposes of this Act is quashed or set aside by a court; or

the person is a reportable offender only because the person is subject to an offender reporting order or past offender reporting order and that order is quashed on appeal; or

the person is a reportable offender only because the person is subject to a juvenile offender reporting order, or corresponding juvenile offender reporting order, and that order is —

quashed on appeal; or

revoked;

the person is a reportable offender only because the person committed an offence when the person was a child and —

a juvenile offender exemption order is made in relation to the person; or

a corresponding juvenile offender exemption order is made in relation to the person.

For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence, reporting order or corresponding juvenile offender non‑registration order.

A reference to a single offence in subsection (4) includes a reference to more than one offence of the same kind arising from the same incident.