Part 2 Offenders to whom Act applies
(1) A registrable person is a person whom a court has at any time (whether before, on or after the commencement of this section) sentenced in respect of a registrable offence, and includes a corresponding registrable person.(2) Unless a person is a corresponding registrable person, a person is not a registrable person merely because the person:(a) is a person in respect of whom a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 (or an equivalent order under the laws of a foreign jurisdiction) in respect of a Class 1 or Class 2 offence, or(b) (Repealed)(c) as a child committed:(i) a single offence involving an act of indecency, or(ii) a single offence under section 578B or 578C (2A) of the Crimes Act 1900 or an offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction, or(iii) a single offence under section 21G (1) of the Summary Offences Act 1988 or section 91J (1), 91K (1) or 91L (1) of the Crimes Act 1900, or(iv) a single offence (including an offence committed under the laws of a foreign jurisdiction) that falls within a class of offence the regulations prescribe for the purposes of this subparagraph, or(v) a single offence an element of which is an intention to commit an offence of a kind listed in this paragraph, or(vi) a single offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this paragraph, or(d) is a person whom a court has found guilty of a registrable offence before 15 October 2001, unless the person is an existing controlled person or the offence results in the making of a child protection registration order against the person.(3) A person is not a registrable person if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or 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 section.(4) 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 or child protection registration order.(5) A reference to a single offence in this section includes a reference to more than one offence of the same kind arising from the same incident.
3B Circumstances in which person ceases to be registrable person
A person ceases to be a registrable person if:(a) the finding of guilt against the person for the only offence that makes the person a registrable person is quashed or set aside by a court, or(b) the person’s sentence in respect of that offence is reduced or altered so that the person would not have been a registrable person had the amended sentence been the original sentence, or(c) the person is a registrable person only because the person is subject to a child protection registration order and that order is quashed on appeal or otherwise ceases to have effect under this Act.
3C Corresponding registrable persons
(1) A corresponding registrable person is a person who:(a) had at any time been in a foreign jurisdiction and at that time had been required to report to the corresponding registrar, and(b) would, if the person were currently in that jurisdiction, still be required to report to that corresponding registrar.(2) Subject to the regulations, a person is a corresponding registrable person under subsection (1) even if the offence in respect of which he or she is required to report in the foreign jurisdiction is not a registrable offence for the purposes of this Act.(3) A corresponding registrable person includes a person who:(a) has been found guilty of an offence under a law of a foreign jurisdiction that is a Class 1 offence or a Class 2 offence for the purposes of this Act, and(b) as a consequence of having been found guilty of that offence has been required to report in that jurisdiction information about himself or herself to a person or body exercising functions substantially similar to those of the Commissioner of Police under this Act, and to keep that information current for a particular period, and(c) would, if the person were currently in that jurisdiction, still be required to report that information.(4) The regulations may exclude any person or class of persons from being a corresponding registrable person.