Reportable offenders
6 Reportable offenders
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,
is also a 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;
or
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.
Note for this subsection:
For the purposes of paragraph (c)(ii) — a juvenile offender reporting order may be revoked under section 14C or 14D.
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.
[Section 6 amended: No. 31 of 2024 s. 28; No. 35 of 2024 s. 6, 59 and 69.]
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