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Contents (2000 - 42)
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Child Protection (Offenders Registration) Act 2000 No 42
Current version for 22 November 2019 to date (accessed 24 January 2020 at 19:07)
Part 3
Part 3 Reporting obligations
Division 1 Notices to be given
4   Notices to be given when persons sentenced for registrable offences
(1)  As soon as practicable after a registrable person is sentenced, the sentencing court is to give written notice to the person of—
(a)  the person’s reporting obligations, and
(b)  the consequences that may arise if the person fails to comply with those obligations.
(2)  As soon as practicable after a registrable person is sentenced, the sentencing court is to give written notice of that fact to—
(a)  the Commissioner of Police, and
(b)  the supervising authority for the person.
(2A)  For the avoidance of doubt, it is declared that this section extends to any registrable person whom the court has sentenced to a term of imprisonment even if the term of imprisonment is subject to a sentence suspension order.
(3)  The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.
(4)  In this section, court does not include a court of a foreign jurisdiction.
4A   Notices to be given when orders made for persons to comply with reporting obligations
(1)  As soon as practicable after a court makes an order under section 3E, 3F or 3G, the court is to give written notice to the person the subject of the order of—
(a)  the person’s reporting obligations, and
(b)  the consequences that may arise if the person fails to comply with those obligations.
(2)  As soon as practicable after such an order is made, the court is to give written notice of that fact to—
(a)  the Commissioner of Police, and
(b)  the supervising authority (if any) for the person.
(3)  The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.
5   Notices to be given when registrable person commences supervised sentence for registrable offence
(1)  As soon as practicable after a registrable person commences a supervised sentence for a registrable offence, the supervising authority for the person is to give written notice to the person of—
(a)  the person’s reporting obligations, and
(b)  the consequences that may arise if the person fails to comply with those obligations.
(2)  The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.
(3)    (Repealed)
6   Notices to be given when registrable person ceases to be in custody or under supervision of supervising authority
(1)  As soon as practicable before or after a registrable person—
(a)  ceases to be in strict government custody, or
(b)  ceases to be in government custody, or
(c)  ceases to be subject to a supervised sentence, or
(d)  ceases to participate in the Pre-Trial Diversion of Offenders Program under the Pre-Trial Diversion of Offenders Act 1985, or
(e)  ceases to be subject to a condition of parole requiring the person to be subject to supervision, or
(f)  ceases to be an existing licensee, or
(g)  becomes subject to an order under section 49 of the Mental Health (Forensic Provisions) Act 1990 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis,
whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice of that fact to the Commissioner of Police.
(2)  As soon as practicable before or after a registrable person who has been in government custody for 14 or more consecutive days ceases to be in government custody, whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice to the person of—
(a)  the person’s reporting obligations, and
(b)  the consequences that may arise if the person fails to comply with those obligations.
(3)  Notice is not required to be given under subsection (2) if the person ceases to be in government custody because of an order under section 49 of the Mental Health (Forensic Provisions) Act 1990 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis.
(4)  The regulations may make provision for or with respect to the following—
(a)  what constitutes absence on a regular and unsupervised basis,
(b)  the manner and form in which written notice must be given under this section.
7   Notices may be given by Commissioner of Police
(1)  The Commissioner of Police may cause written notice to be given to a registrable person of—
(a)  the person’s reporting obligations, and
(b)  the consequences that may arise if the person fails to comply with those obligations,
if the Commissioner suspects that the person may not have received notice, or may otherwise be unaware, of those obligations.
(2)  The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.
7A   Notices to be given to registrable persons who enter New South Wales or are corresponding registrable persons
(1)  This section applies to a registrable person—
(a)  who enters New South Wales, if the person has not previously been given notice of the person’s reporting obligations in New South Wales, or
(b)  who becomes a corresponding registrable person, if the person is in New South Wales at that time.
(2)  The Commissioner of Police must, as soon as practicable after the registrable person becomes a person to whom this section applies, cause written notice to be given to the person in accordance with the requirements of section 7.
7B   Notice to be given when reporting obligations change
(1)  This section applies to a registrable person whose reporting obligations have changed since the person was last notified of them in New South Wales.
(2)  The Commissioner of Police must cause written notice to be given to the registrable person as soon as practicable after the change and in no case later than the time the person next reports in accordance with this Act.
(3)  The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.
7C   Power of detention to enable notice to be given
(1)  A police officer may exercise a power of detention under this section only if—
(a)  there are reasonable grounds to suspect that a person is a registrable person and that the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations, and
(b)  all other reasonably appropriate means of determining whether the person is a registrable person, or of notifying the person of reporting obligations, as the case requires, have been taken.
(2)  A police officer may detain the person if it is reasonably necessary to do so—
(a)  to enable a determination as to whether or not the person is a registrable person or, if the person is a registrable person, as to whether or not the person has been given notice, or is aware, of the person’s reporting obligations, or
(b)  to enable the person to be given notice of those obligations if the person is not aware of them.
(3)  In detaining the person, the police officer must tell the person—
(a)  why the person is being detained, and
(b)  that the detention is authorised under this Act, and
(c)  that the person will be released immediately after the purpose of the detention is fulfilled.
(4)  The detained person—
(a)  must not be held for a period that is longer than is reasonably necessary to enable the purpose of the detention to be fulfilled, and
(b)  must not be held merely because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations, and
(c)  must be released immediately after the purpose of the detention is fulfilled.
8   Failure to comply with procedural requirements does not affect registrable person’s obligations
A failure to comply with the requirements of this Division does not affect a registrable person’s reporting obligations.
Division 2 Initial report
9   Relevant personal information to be reported
(1)  For the purposes of this Act, the relevant personal information to be reported by a registrable person consists of the following information—
(a)  the person’s name, together with any other name by which the person is or has previously been known,
(b)  in respect of each name other than the person’s current name, the period during which the person was known by that other name,
(c)  the person’s date of birth,
(d)  the address of each of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, the name of each of the localities in which the person can generally be found,
(e)  the name and date of birth of each child who generally resides in the same household as that in which the person generally resides,
(f)  if the person is a worker—
(i)  the nature of the person’s work, and
(ii)  the name of the person’s employer (if any), and
(iii)  the address of each of the premises at which the person generally works or, if the person does not generally work at any particular premises, the name of each of the localities in which the person generally works,
(g)  details of the person’s affiliation with any club or organisation that has child membership or child participation in its activities,
(h)  the make, model, colour and registration number of any motor vehicle owned or hired by, or generally driven by, the person,
(i)  details of any tattoos or permanent distinguishing marks that the person has (including details of any tattoo or mark that has been removed),
(j)  whether the person has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required the person to report to a corresponding registrar or been subject to a corresponding child protection registration order and, if so, where that finding occurred or that order was made,
(k)  if the person has been in government custody since the person was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when or where that government custody occurred,
(l)  if, at the time of making a report under this Division, the person leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)—
(i)  in general terms, the reason for travelling, and
(ii)  in general terms, the frequency and destinations of the travel,
(m)  details of any carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person including any phone numbers used, or intended to be used, by the person,
(n)  details of any internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person,
(o)  details of the type of any internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial-up connection,
(p)  details of any email addresses, internet user names, instant messaging user names, chat room user names or any other user name or identity used, or intended to be used, by the person through the internet or other electronic communication service,
(q)  any other information prescribed by the regulations.
(1A)  For the purposes of this Act, the relevant personal information to be reported by a registrable person also includes the name, date of birth and address of each child (or other means of contacting each child) with whom the person has had contact, but only if the registrable person was—
(a)  supervising or caring for the child, or
(b)  visiting or staying at a household where the child is present, or
(c)  exchanging contact details with the child (including providing the person’s contact details to the child), or
(d)  attempting to befriend the child.
(1B)  For the purposes of subsection (1A), contact with a child, includes the registrable person having—
(a)  physical contact with the child (including by touching the child or being in very close physical proximity to the child), or
(b)  oral communication with the child (including communication that takes place in person, by telephone or by electronic means such as via the internet), or
(c)  written communication with the child (including communication that takes place by mail, by telephone or by electronic means such as email).
(1C)  The sentencing court (being the court that sentences a person in respect of a registrable offence or that imposes a child protection registration order on the person) may order that the person’s reporting obligations in respect of contacts occurring before the person reaches 18 years of age be modified as set out in the order, if—
(a)  the person is under 18 years of age, and
(b)  the court is of the view that the modification is appropriate in the circumstances taking into account the educational and other needs of the person.
(1D)  A person who, because of a modification under subsection (1C), was not required to report a contact occurring before the person was 18 years of age is not subsequently required to report that contact unless the person’s reporting obligations are further modified so as to require the contact to be reported.
(1E)  Any such further modification may be made by the sentencing court, the Local Court or the Children’s Court on the application of the Commissioner of Police.
(2)  For the purposes of this section—
(a)  a registrable person does not generally reside at any particular premises unless the person resides at those premises for at least 14 days (whether consecutive or not) in any period of 12 months, and
(b)  a child does not generally reside in the same household as a registrable person unless they reside together in that household for at least 3 days (whether consecutive or not) in any period of 12 months, and
(c)    (Repealed)
(d)  a registrable person is not generally employed at any particular premises unless the person is employed at those premises for at least 14 days (whether consecutive or not) in any period of 12 months, and
(e)  a registrable person does not generally drive a particular motor vehicle unless the person drives that motor vehicle on at least 14 days (whether consecutive or not) in any period of 12 months.
(3)  In this section, employer and worker have the same meanings as they have in the Child Protection (Working with Children) Act 2012.
9A   When initial report must be made
(1)  A registrable person of a kind referred to in Column 1 of the Table to this subsection must report the person’s relevant personal information to the Commissioner of Police within the period specified in relation to the person in Column 2 of the Table.
Table
Column 1
Column 2
Registrable person
Period for initial report
A registrable person (other than a corresponding registrable person) who enters government custody in New South Wales before, on or after the commencement of this section as a consequence of having being sentenced for a registrable offence and who ceases to be in government custody while in New South Wales
Within 7 days after the registrable person ceases to be in government custody
Any other registrable person who is sentenced for a registrable offence in New South Wales
Within 7 days after the registrable person is sentenced for the registrable offence
A registrable person who enters New South Wales from a foreign jurisdiction and who has not previously been required under this Act to report his or her relevant personal information to the Commissioner of Police
Within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody
(2)  Despite subsection (1), a registrable person must report the person’s relevant personal information to the Commissioner of Police before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.
9B   When new initial report must be made by person whose previous reporting obligations have ceased
(1)  If a registrable person’s reporting period expires but the person is then sentenced for a registrable offence, the person must report the person’s relevant personal information to the Commissioner of Police—
(a)  within 7 days after the person is sentenced for the registrable offence, or
(b)  if the registrable person is in government custody, within 7 days after the person ceases to be in government custody,
whichever is the later.
(2)    (Repealed)
(3)  If a registrable person’s reporting obligations are suspended by an order under section 16 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 16A (or an equivalent provision of the laws of a foreign jurisdiction), the person must report the person’s relevant personal information to the Commissioner of Police—
(a)  within 7 days after the order ceases to have effect, or
(b)  if the person is in government custody, within 7 days after the person ceases to be in government custody,
whichever is the later.
(4)  If a registrable person is not in New South Wales at the time the person would be required under subsection (1), (2) or (3) to report relevant personal information to the Commissioner of Police, then the person must report that information within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.
(5)  Despite subsections (1)–(3), a registrable person must report the person’s relevant personal information to the Commissioner of Police before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.
9C   Persons required to report under corresponding Act
(1)  This section applies to a person (other than one to whom Division 5 applies) who has been required to report to a corresponding registrar, irrespective of whether the person is a registrable person for the purposes of this Act.
(2)  Unless the person has previously complied with the obligation imposed by this section, the person must, within 7 days after entering and remaining in New South Wales, contact (by telephone or another prescribed means) a person nominated by the Commissioner of Police for the purposes of this section.
(3)  The contacted nominated person must advise the person whether the person is a registrable person for the purposes of this Act and of any reporting obligations that the person has under this Act.
(4)  A person is not guilty of an offence against section 17 because of a failure to comply with the reporting obligations imposed by subsection (2) if the person—
(a)  is not a registrable person for the purposes of this Act, or
(b)  has not been notified of that reporting obligation, or
(c)  does not remain in New South Wales for 14 or more consecutive days, not counting any days spent in government custody, or
(d)  reports in accordance with section 9A.
Division 3 Ongoing reporting obligations
10   Registrable person must report annually
(1)  A registrable person must report the person’s relevant personal information to the Commissioner of Police each year.
(2)  The registrable person must make the report by the end of the calendar month in which the anniversary of the date on which the person first reported in accordance with this Act or a corresponding Act falls.
(3)  If the registrable person has been in government custody since the person last reported the person’s relevant personal information under this section, the information the person must report must include details of when and where that custody occurred.
(4)  If a registrable person’s reporting period expires, but the person is then required to report again under section 9A, the reference to the date on which the person first reported is to be read as a reference to the date on which the person first reported in respect of the current reporting period.
11   Registrable person must report changes to relevant personal information
(1)  A registrable person must report to the Commissioner of Police any change in the person’s relevant personal information—
(a)  in the case of a change in the information referred to in section 9 (1) (e)—within 24 hours after the change occurs, and
(b)  in any other case—within 7 days after the change occurs.
(2)  For the purposes of subsection (1), a change occurs in the place where the registrable person or a child generally resides, or in the place where the registrable person is generally employed, or the motor vehicle that the person generally drives, only on the expiry of the relevant 3-day or 14-day period referred to in section 9 (2).
(3)  If the relevant personal information for a registrable person (other than one to whom Division 5 applies) changes while the person is not in New South Wales, the person must report the change to the Commissioner of Police within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.
(4)  A registrable person who is in government custody for 14 or more consecutive days must report the person’s relevant personal information to the Commissioner of Police—
(a)  within 7 days after the person ceases to be in government custody, or
(b)  before leaving New South Wales,
whichever is the sooner.
11A   Intended absence from New South Wales to be reported
(1)  This section applies if a registrable person—
(a)  intends to leave New South Wales for 14 or more consecutive days to travel elsewhere in Australia, or
(b)  intends to leave New South Wales to travel out of Australia.
(2)  At least 7 days before leaving New South Wales, the registrable person must report the intended travel to the Commissioner of Police and must provide details of—
(a)  each State, Territory or country to which the person intends to go while out of New South Wales, and
(b)  the approximate dates during which the person intends to be in each of those States, Territories or countries, and
(c)  each address or location within each State, Territory or country at which the person intends to reside (to the extent that they are known) and the approximate dates during which the person intends to reside at those addresses or locations, and
(d)  if the person intends to return to New South Wales, the approximate date on which the person intends to return, and
(e)  if the person does not intend to return to New South Wales, a statement of that intention.
(3)  If circumstances arise making it impracticable for a registrable person to make the report 7 days before the person leaves, it is sufficient compliance with subsection (2) if the registrable person reports the required information to the Commissioner of Police at least 24 hours before the intended travel.
11B   Change of travel plans while out of New South Wales to be reported
(1)  This section applies if a registrable person who is out of New South Wales decides—
(a)  to extend a stay elsewhere in Australia beyond 13 days, or
(b)  to change any details given to the Commissioner of Police under section 11A.
(2)  As soon as is practicable after making the decision, the registrable person must—
(a)  if subsection (1) (a) applies, report the details required by section 11A (2) to the Commissioner of Police (including those details as they relate to the travel that has already been completed), or
(b)  if subsection (1) (b) applies, report the changed details to the Commissioner of Police.
(3)  The registrable person must make the report—
(a)  by facsimile or email sent to the Commissioner of Police or to any other address permitted by the regulations, or
(b)  in any other manner permitted by the regulations.
11C   Registrable person to report return to New South Wales or decision not to leave
(1)  This section applies if a registrable person was required to report that the person intended to leave New South Wales under section 11A.
(2)  If the registrable person left New South Wales, the person must report the person’s return to New South Wales to the Commissioner of Police within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.
(3)  If the registrable person decides not to leave New South Wales, the person must report the change of intention to the Commissioner of Police within 7 days of deciding not to leave.
11D   Report of other absences from New South Wales
(1)  This section applies if a registrable person, at the time of making a report under this Division, leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence).
(2)  The registrable person must report the following details to the Commissioner of Police—
(a)  in general terms, the reason for travelling,
(b)  in general terms, the frequency and destinations of the travel.
11E   Information concerning international travel to be given to the Australian Federal Police
As soon as practicable after receiving a report under this Division concerning a registrable person’s intentions in relation to travel out of Australia, the Commissioner of Police must ensure that a copy of the report is given to the Commissioner of the Australian Federal Police.
11F   Intended change of place where registrable person generally resides
(1)  This section applies if a registrable person intends to change the place where the registrable person generally resides.
Note.
 This section imposes an additional reporting requirement with respect to residence to that imposed under section 11 (1) (b), which requires a registrable person to report actual (as opposed to intended) changes in the place where the person generally resides.
(2)  At least 14 days before changing the place, the registrable person must report the intended change to the Commissioner of Police and must provide details of—
(a)  the address where the person proposes to generally reside, or
(b)  if the person does not intend to reside at particular premises—the name of the locality of the place where the person intends to generally reside.
(3)  If a change in the place at which a person generally resides occurs because of an emergency or other exceptional circumstances arise making it impracticable for the registrable person to report the intended change, it is sufficient compliance with subsection (2) if the registrable person—
(a)  reports the required information to the Commissioner of Police as soon as practicable (but not more than 3 days) after the change occurs, and
(b)  provides satisfactory evidence of the circumstances which made it impracticable to report the required information sooner to the Commissioner of Police.
(4)  A registrable person who reports an intended change of place under this section and who subsequently changes the place where he or she generally resides to the place detailed in the report is not required to comply with the reporting obligations imposed by section 11 with respect to that change of place.
(5)  A registrable person who reports an intended change and does not make the change within 14 days after it is reported must report this fact to the Commissioner of Police within 3 days after the end of that 14-day period.
Division 4 Provisions applying to all reporting obligations
12   Where report is to be made
(1)  A report under this Part is to be made—
(a)  at any police station in the locality in which the registrable person is currently residing (subject to subsection (2)), or
(b)  if a direction is given in accordance with the regulations as to the police station at which the report is to be made, at the police station so directed, or
(c)  at some other place approved (either generally or in a particular case) by the Commissioner of Police.
(2)  If a police station in the locality in which a registrable person is currently residing is a restricted police station, the registrable person—
(a)  with the consent of the Commissioner of Police, may make the report at that station, and
(b)  may make the report at the next nearest police station that is not a restricted police station.
(3)  For the purposes of subsection (2), a restricted police station is a police station that is a police station, or that falls within a class of police station, that the regulations state is not to be used as a venue for the purposes of this section without the consent of the Commissioner of Police.
(4)  This section does not apply if, under section 12A (2), a report is permitted to be made in a way that is inconsistent with this section.
12A   How reports to be made
(1)  A registrable person must make the following reports under this Part in person—
(a)  a report required by Division 2 (initial report),
(b)  a report required by section 10 (annual report),
(c)  a report of a change of address of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, of the localities in which the person can generally be found,
(d)  a report of the acquisition of, removal of, or change to, any tattoo or distinguishing mark.
(2)  A registrable person may make any other report that the person is required to make in person or in any other way permitted by the regulations or by the Commissioner of Police, either generally or in a particular case.
(3)  Only a police officer may receive a report made in person and only a police officer or a person approved for the purpose by the Commissioner of Police may receive a report made in another way in accordance with subsection (2).
(4)  If a registrable person attending in person is a child, or has a disability that renders it impracticable for the person to make a report, any parent, guardian, carer or other person nominated by the person who is accompanying the registrable person may make the report on the registrable person’s behalf.
(5)  Similarly, if a registrable person who is permitted to make a report other than in person in accordance with subsection (2) is a child, or has a disability that renders it impracticable for the person to make the report himself or herself, a parent, guardian, carer or other person nominated by the registrable person may make the report on the registrable person’s behalf.
12B   Right to privacy and support when reporting
(1)  A person making a report under this Part at a police station or other place approved by the Commissioner of Police—
(a)  is entitled to make the report out of the hearing of members of the public, and
(b)  is entitled to be accompanied by a support person of the person’s choosing.
(2)  A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part.
(3)  A police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.
12C   Receipt of information to be acknowledged
(1)  As soon as is practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report.
(2)  The acknowledgment must be in writing, must be given to the person who made the report and must include—
(a)  the name and signature of the police officer or other person who received the report, and
(b)  the date and time when, and the place where, the report was received, and
(c)  a copy of the information that was reported, and
(d)  a copy of the record of any agreement made under subsection (4).
(3)  If a report is not made in person, the police officer or other person who received the report must, as soon as practicable—
(a)  give the person making the report a unique reference number, and
(b)  record that number on the relevant registrable person’s file and on the acknowledgment.
(4)  The Commissioner of Police may make an agreement with the registrable person as to the manner in which any reference number or acknowledgment required to be given by this section may be given.
(5)  The Commissioner of Police must ensure—
(a)  that there is a method of recording an agreement made under subsection (4), and
(b)  that, except with the written consent of the registrable person, any reference number or acknowledgment required to be given by this section is given in accordance with the agreement while the agreement remains in force.
(6)  The Commissioner of Police must ensure that a copy of every acknowledgment is retained.
12D   Additional matters to be provided
(1)  If a report is required to be made in person, the person making the report must also present for inspection—
(a)  2 identification documents relating to the registrable person, and
(b)  if the person making the report is accompanying the registrable person and making the report on the registrable person’s behalf, 2 identification documents relating to the person making the report, and
(c)  in any case, any other form of identification specified by the regulations for the purposes of this subsection.
(1A)  If a registrable person holds a driver licence or a current passport (whether a current Australian passport or current overseas passport), the identification documents presented must include the driver licence, passport or passports (and, if the registrable person holds both a driver licence and a current passport or passports, must include all those identification documents).
(1B)  If a person accompanying a registrable person and making a report on his or her behalf holds a driver licence, the identification documents presented must include the driver licence.
(2)  Each of the following original documents is an identification document for the purposes of this section—
(a)  a full birth certificate,
(a1)  a driver licence,
(b)  an Australian passport that is current or has been expired for less than 2 years,
(c)  a current overseas passport,
(d)  an Australian naturalisation or citizenship document, or immigration papers issued by the Commonwealth Department of Immigration and Multicultural Affairs,
(e)  a current Medicare card, pensioner concession card, Department of Veterans’ Affairs entitlement card or other entitlement card issued by the Commonwealth or a State Government,
(f)  a current credit card or account from a bank, building society or credit union, or a passbook or statement of account up to one year old,
(g)  a telephone, gas or electricity bill up to one year old,
(h)  a notice of council rates, water service charges or land valuation up to 2 years old,
(i)  an electoral enrolment card or other evidence of enrolment as an elector up to 2 years old,
(j)  a current student identity card, or a certificate or statement of enrolment up to 2 years old from an educational institution.
(3)  The police officer receiving the report may waive the requirements of subsection (1) (a) and (c) if—
(a)  the registrable person permits his or her fingerprints to be taken immediately before or after the report is made, or
(b)  the police officer is otherwise satisfied as to the registrable person’s identity.
(4)  The police officer receiving the report may waive the requirements of subsection (1) (b) and (c) if the police officer is otherwise satisfied as to the person’s identity.
(5)  The police officer receiving a report may copy any document presented to the officer for inspection under subsection (1) (a) or (b).
(6)  If a report is made otherwise than in person, the regulations may specify—
(a)  the circumstances in which—
(i)  information concerning the identity of the registrable person and the identity of the person making the report, and
(ii)  a document verifying or supporting details in the report,
are required, and
(b)  the manner in which that information is to be provided,
but may not require an original document to be provided.
(7)  In this section—
Australian passport includes a document of identity issued by the Australian Passport Office.
driver licence means a New South Wales driver licence, or any other licence issued under a law in force in a foreign jurisdiction authorising the holder to drive a motor vehicle, containing photo identification of the holder of the licence.
12E   Power to take fingerprints
A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by the police officer, the fingerprints of the registrable person if—
(a)  not reasonably satisfied as to the identity of the registrable person after the officer has examined all of the material relating to identity provided or presented to the officer by, or on behalf of, the registrable person, or
(b)  there are no fingerprints of the person held by the NSW Police Force, or
(c)  if a person permits the person’s fingerprints to be taken under section 12D.
12F   Power to take photographs
(1)  A police officer receiving a report made in person under this Part may require the registrable person—
(a)  to be photographed, or
(b)  to expose any part of the person’s body to enable that part of the body to be photographed by the officer or another person authorised by the officer.
(2)  A police officer cannot, under this section, require a registrable person to expose his or her genitals, the anal area of his or her buttocks or, in the case of females or transgender people who identify as females, their breasts.
12G   Information to be given before obtaining fingerprints or photographs
Before attempting to exercise a power under section 12E or 12F, the police officer must inform the registrable person in language likely to be understood by the person—
(a)  of the purpose for which the power is to be exercised and, in the case of section 12E (a), why the officer is not satisfied as to the registrable person’s identity, and
(b)  that if the person refuses to give the person’s fingerprints, or to expose part of the person’s body (as the case may be) voluntarily, reasonable force may be used, and
(c)  that the fingerprints or photographs will be retained by the Commissioner of Police.
12H   Retention of documents, fingerprints and photographs
(1)  The Commissioner of Police may retain and use for identification, law enforcement or child protection purposes any of the following taken under this Division from a person—
(a)  copies of any documents,
(b)  any fingerprints,
(c)  any photographs.
(2)  A person having possession of documents, fingerprints or photographs provided under this Division must not use them otherwise than for a purpose permitted by this Division.
Maximum penalty—20 penalty units.
(3)  Despite any other law, a person having possession of the fingerprints of a registrable person provided under, or used for the purposes of, this Division is not required to destroy those fingerprints before the registrable person ceases to have reporting obligations.
Note.
 Part 7B of the Crimes (Forensic Procedures) Act 2000 provides for the carrying out of certain other forensic procedures (including carrying out of buccal swabs and taking samples of hair other than pubic hair) on persons required to comply with the reporting obligations under this Act.
12I   Reporting by remote offenders
(1)  This section applies if a registrable person resides more than 100 kilometres from the nearest police station that is not a restricted police station.
(2)  A registrable person need not comply with a time limit concerning the making of a report in person under this Part if—
(a)  the person, or another person entitled to make the report on the person’s behalf, contacts the Commissioner of Police before the time limit expires, and
(b)  the Commissioner of Police agrees to allow the report to be made at a specific time that is after the time limit and at a specific place, and
(c)  before the time limit expires the person provides the Commissioner of Police by telephone or other means with the information required to be reported under this Part.
(3)  The Commissioner of Police must ensure that there is a method of recording all agreements made under this section.
(4)  Without limiting subsection (3), the recording method adopted must result in the creation of a written record—
(a)  that is identified by a unique reference number, and
(b)  that identifies when and where each agreement was made, and
(c)  that identifies the person who enters into any agreement, and
(d)  that contains the terms of any agreement.
(5)  If an agreement is made under this section, the Commissioner of Police must ensure that the registrable person is provided with the reference number required by subsection (4) (a).
(6)  The Commissioner of Police must ensure that there is a method of recording all information provided under subsection (2).
Division 5 Modified reporting procedures for protected witnesses
13   Modified reporting procedures for protected witnesses
(1)  This section applies to each of the following persons—
(a)  any registrable person who is currently a participant in a witness protection program,
(b)  any registrable person who has been a participant in a witness protection program but in respect of whom an order under this section is yet to be made,
(c)  any registrable person the subject of an order in force under this section declaring that the person is a person to whom this section applies.
(1A)  This section (except subsections (3)–(10)) also applies to a registrable person who 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.
(2)  It is sufficient compliance with the requirements of this Part—
(a)  if a person to whom this section applies provides information required by the Commissioner of Police, at the times and in the manner authorised by the Commissioner of Police for the purposes of this section, and
(b)  if the acknowledgment of the giving of the information is given in a manner approved by the Commissioner of Police, and
(c)  if copies of relevant documents, rather than original documents, are provided.
(3)  The Commissioner of Police must make an order declaring that a registrable person who is or has been a participant in a witness protection program either is, or is not, a person to whom this section applies—
(a)  when the person ceases to be a participant in the program as a consequence of a request under section 11 (1) of the Witness Protection Act 1995, or
(b)  when the Commissioner makes a decision under section 11 (2) of the Witness Protection Act 1995 that the protection and assistance given to the person under the program be terminated.
(4)  On making such an order, the Commissioner of Police must take reasonable steps to notify the person concerned of the terms of the order.
(5)  A person who receives such a notification may, within 14 days after receiving it, apply in writing to the Commissioner of Police for a review of the decision.
(6)  On receiving an application referred to in subsection (5), the Commissioner of Police—
(a)  must review the order, and confirm or reverse it, and
(b)  before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case, and
(c)  after making a decision on the matter, must given written notice of the decision to the applicant.
(7)  If the decision of the Commissioner of Police is to confirm the order, the notice referred to in subsection (6) (c) must inform the applicant of the applicant’s rights under subsection (8).
(8)  A person who is aggrieved by a decision of the Commissioner of Police in relation to an order under this section may appeal to the Ombudsman against the decision within 3 days after receiving notice of the decision.
(9)  The Ombudsman’s decision in respect of the appeal has effect according to its terms.
(9A)  An order declaring that this section applies to a registrable person takes effect immediately.
(10)  An order declaring that this section does not apply to a registrable person takes effect—
(a)  at the end of 14 days after notice is given to the person concerned as referred to in subsection (4), or
(b)  if an application referred to in subsection (5) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in subsection (6) (c), or
(c)  if an appeal referred to in subsection (8) is made before the end of that period, on the date on which the Ombudsman determines the appeal.
(11)    (Repealed)
13A   Modification of ongoing reporting obligations
Sections 9 (1), 11A–11D and 18A apply with respect to a person to whom section 13 applies as if any reference in them to New South Wales were a reference to the jurisdiction in which the person generally resides.
Division 6 Reporting period
14   When reporting obligations begin
For the purposes of this Act, a registrable person’s reporting obligations in respect of a registrable offence begin—
(a)  when the person is sentenced for the offence, or
(b)  when the person ceases to be in government custody in relation to the offence,
whichever is the later.
14A   Length of reporting period
(1)  A registrable person must continue to comply with the reporting obligations imposed by this Part for—
(a)  8 years, if the person has only ever been found guilty of a single Class 2 offence, or
(b)  15 years, if the person—
(i)  has only ever been found guilty of a single Class 1 offence, or
(ii)  has ever been found guilty of more than a single registrable offence but is not covered by paragraph (c), or
(c)  the remainder of the person’s life, if the person is a registrable person in respect of—
(i)  a Class 1 offence and the person subsequently commits and is found guilty of another registrable offence, or
(ii)  a Class 2 offence and the person subsequently commits and is found guilty of a Class 1 offence, or
(iii)  a Class 2 offence and the person subsequently commits and is found guilty of another Class 2 offence and has ever been found guilty of 3 or more Class 2 offences.
Note.
 A life-long reporting obligation may be suspended under Division 7.
(2)  Subsection (1) (c) does not apply if the registrable person was not given notice of the person’s reporting obligations under this Act or a corresponding Act before the person committed the subsequent offence.
(3)  A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection.
(4)  For the purposes of this section—
(a)  2 or more offences arising from the same incident are to be treated as a single offence, and
(b)  2 or more offences arising from the same incident are to be treated as a single Class 1 offence if at least one of those offences is a Class 1 offence.
14B   Reduced period applies for young registrable persons
(1)  The reporting periods specified in section 14A do not apply to a person who was a child at the time at which the person committed each registrable offence.
(2)  Instead, a reporting period that is half the reporting period that would otherwise apply to the person under section 14A (or seven and a half years in the case of a reporting period for life) applies to the person.
14C   Extended reporting period if registrable person still on parole
(1)  This section applies if—
(a)  a registrable person is on parole, or is an existing licensee, in respect of a registrable offence, and
(b)  the reporting period in respect of the offence will end before the expiry of the sentence of imprisonment to which the parole or licence relates.
(2)  Despite anything to the contrary in this Division, the reporting period is extended until the expiry of the term of imprisonment to which the parole or existing licence relates.
14D   (Repealed)
Division 7 Suspension and extension of reporting obligations
15   Suspension and extension of reporting obligations
(1)  A registrable person’s reporting obligations are suspended for any period during which—
(a)  the person is in government custody, or
(b)  the person is outside New South Wales unless the person is a person to whom Division 5 applies or the obligation is under section 11B, or
(c)  the person is the subject of an order in force under section 16 (or an equivalent order in a foreign jurisdiction), or
(d)  the person is the subject of an interim supervision order or extended supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017.
(2)  The period for which a registrable person’s reporting obligations continue is extended by the length of time for which those obligations are suspended from time to time under subsection (1) (a).
(3)  The period for which a registrable person’s reporting obligations continue is extended by the length of time for which those obligations are suspended from time to time under subsection (1) (b) if, during the time in which the obligations are suspended, the registrable person—
(a)  is travelling outside Australia for one month or more or is resident outside Australia, and
(b)  is not required to report under any corresponding Act.
(4)  The period for which a registrable person’s reporting obligations continue is extended by any countable period during which the person is in breach of the person’s reporting obligations.
(5)  For the purposes of subsection (4), a countable period occurs when a person fails to make an initial report under Division 2, or an annual report under section 10, within one month after the day on which the report was due to be made. In such a case the countable period—
(a)  commences one month after the report was due to be made, and
(b)  finishes when the person reports the person’s relevant personal information to the Commissioner of Police, and
(c)  does not include any period during which the person’s reporting obligations are suspended.
16   NCAT may exempt persons from compliance with reporting obligations
(1)  This section applies to a registrable person—
(a)  who is required to continue to comply with the reporting obligations imposed by this Part for the remainder of his or her life, or
(b)  whose reporting period has been extended under section 15 (3) (whether or not he or she is a person referred to in paragraph (a)).
(2)  If (in the case of a registrable person referred to in subsection (1) (a))—
(a)  a period of 15 years has passed (ignoring any period during which the registrable person was in government custody) since the person was last sentenced or released from government custody in respect of a registrable offence or a corresponding registrable offence, whichever is the later, and
(b)  the person did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of such a period in New South Wales, and
(c)  the person is not subject to parole or licence in respect of a registrable offence (whether in New South Wales or a foreign jurisdiction),
the person may apply to the Civil and Administrative Tribunal for an order suspending the person’s reporting obligations.
(3)  On the application of a registrable person referred to in subsection (2), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations.
(3A)  On the application of a registrable person referred to in subsection (1) (b), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations for the length of time by which the registrable person’s reporting period was extended under section 15 (3).
(4)  The Civil and Administrative Tribunal is not to make an order under this section unless it considers that the person the subject of the proposed order does not pose a risk to the safety of children.
(5)  In deciding whether to make an order under this section, the Civil and Administrative Tribunal is to take the following matters into account—
(a)  the seriousness of the registrable person’s registrable offences and corresponding registrable offences,
(b)  the period of time since those offences were committed,
(c)  the age of the registrable person, the age of the victims of those offences and the difference in age between the registrable person and the victims of those offences, as at the time those offences were committed,
(d)  the registrable person’s present age,
(e)  the registrable person’s total criminal record,
(f)  any other matter the Tribunal considers appropriate.
(6)  The Children’s Guardian is to be a party to any proceedings for an order under this section. The Children’s Guardian may make submissions in opposition to, or in support of, the making of the order.
(7)  As soon as practicable after receiving an application under this section, the Civil and Administrative Tribunal must notify the Children’s Guardian of the application.
(8)  The Civil and Administrative Tribunal must notify the Commissioner of Police of the terms of any order made under this section.
(9)  The Civil and Administrative Tribunal may not award costs in respect of proceedings under this section.
(10)  A party to proceedings under this section may appeal to the Supreme Court, on a question of law, from any decision of the Civil and Administrative Tribunal in the proceedings.
(11)  An applicant in respect of whom the Civil and Administrative Tribunal refuses to make an order under this section is not entitled to make a further application to the Tribunal until 5 years have elapsed from the date of the refusal, unless the Tribunal otherwise orders at the time of the refusal.
(12)  In this section, Children’s Guardian means the Children’s Guardian appointed under section 178 of the Children and Young Persons (Care and Protection) Act 1998.
16A   Cessation of order
(1)  An order made under section 16 ceases to have effect if, at any time after the making of the order, the registrable person—
(a)  is made subject to a child protection registration order or any other order prescribed by the regulations for the purposes of this section, or
(b)  is found guilty of a registrable offence, or
(c)  becomes a corresponding registrable person who must under section 19BC continue to comply with the reporting obligations imposed by this Part for any period.
(2)  An order that ceases to have effect in accordance with subsection (1) is revived if—
(a)  the finding of guilt that caused the order to cease to have effect is quashed or set aside by a court, or
(b)  the order ceased to have effect in accordance with subsection (1) (a) and the child protection registration order or other order prescribed by the regulations is quashed on appeal or the registrable person’s finding of guilt in respect of the offence that resulted in the making of that order is quashed or set aside by a court.
(3)  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 or child protection registration order or other prescribed order referred to in this section.
16B   Application for new order
(1)  If an order ceases to have effect in accordance with section 16A, the registrable person may apply under section 16 for a new order.
(2)  Section 16 (11) does not apply with respect to an application referred to in subsection (1).
(3)  If an order ceases to have effect in accordance with section 16A (1) (b) or (c), on an application for a new order, section 16 (2) (a) applies as if the period referred to were a period of 15 years (ignoring any period during which the person was in government custody) since the person last committed a registrable offence or a corresponding registrable offence.
Division 7A Entry by police to residential premises
16C   Entry by police officers to verify residence
(1)  One or more police officers may, without prior notice, enter and inspect any residential premises of a registrable person for the purpose of verifying any relevant personal information reported by the registrable person under section 9.
Note.
 Safeguards relating to the exercise of power under this section are set out in Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002.
(2)  The power of entry and inspection under this section may be exercised in respect of any particular residential premises of a registrable person—
(a)  twice during the first 12-month period following the making of an initial report by the registrable person under Division 2 (only one of which may be exercised after the period of 28 days following the making of that report), and
(b)  once during each following 12-month period.
(3)  A power may not be exercised under this section if the relevant reporting period of the registrable person has expired.
(4)  A registrable person must allow a police officer to enter and inspect any residential premises of the registrable person under this section and must co-operate with any such police officer with respect to that entry and inspection.
(5)  For the avoidance of doubt, an obligation imposed on a registrable person under subsection (4) is a reporting obligation of the registrable person.
(6)  A power is not exercisable under this section in respect of any part of residential premises that is occupied exclusively by a person other than the registrable person unless the police officer exercising the power has reasonable grounds for suspecting that the part of the premises is used by the registrable person.
(7)  In this section—
residential premises of a registrable person means premises identified by the registrable person under section 9 (1) (d) as an address at which the registrable person generally resides.
Division 8 Offences
17   Offence of failing to comply with reporting obligations
(1)  A registrable person must not fail to comply with any of the person’s reporting obligations without reasonable excuse.
Maximum penalty—500 penalty units or imprisonment for 5 years, or both.
(2)  In determining whether a registrable person had a reasonable excuse for failing to comply with the person’s reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters—
(a)  the person’s age,
(b)  whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations,
(b1)  whether the form of the notification given to the person as to the person’s obligations was adequate to inform the person of those obligations, having regard to the person’s circumstances,
(c)  any matter prescribed by the regulations,
(d)  any other matter the court considers appropriate.
(2A)  In proceedings for an offence under this section, the onus of proving that a registrable person had a reasonable excuse lies with the person and must be proved on the balance of probabilities.
(3)  It is a defence to proceedings for an offence arising under this section if it is established by or on behalf of the registrable person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the person’s reporting obligations.
18   Offence of furnishing false or misleading information
A person must not, in purported compliance with this Part, furnish information that the person knows to be false or misleading in a material particular.
Maximum penalty—500 penalty units or imprisonment for 5 years, or both.
18A   Bar to prosecution for failing to report leaving New South Wales
(1)  This section applies if a registrable person leaves New South Wales and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding Act.
(2)  The registrable person is not to be prosecuted for a failure to comply with section 17 in respect of the travel out of New South Wales.
Division 9 Child Protection Register
19   Child Protection Register
(1)  The Commissioner of Police is to establish and maintain a Child Protection Register or arrange with another person or body for the establishment and maintenance of a Child Protection Register on the Commissioner’s behalf.
(2)  The Register is to contain the following information in respect of each registrable person (to the extent that it is known by the Commissioner of Police)—
(a)  the person’s name and other identifying particulars,
(b)  details of each Class 1 or Class 2 offence of which the person has been found guilty or with which the person has been charged,
(c)  details of each offence of which the person has been found guilty that resulted in the making of a child protection registration order,
(d)  the date on which the person was sentenced for any registrable offence,
(e)  the date on which the person ceased to be in government custody in respect of a registrable offence, or entered or ceased to be in government custody in respect of any offence during the person’s reporting period,
(f)  whether the person is a child or has any special need or disability,
(g)  any information provided to the Commissioner in respect of the person under this Part,
(h)  any information the Commissioner considers appropriate for inclusion in the Register,
(i)  any other information prescribed by the regulations.
19A   Restriction on who may access personal information on protected witnesses
The Commissioner of Police must ensure that any information in the Register about a person to whom Division 5 applies, whose identity is apparent or can reasonably be ascertained from that information, cannot be accessed other than by a person authorised by the officer responsible for the day to day operation of the witness protection program.
Note.
 Division 5 applies to certain people who are, or were, in witness protection programs.
19B   Registrable person’s rights in relation to Child Protection Register
(1)  If asked to do so by a registrable person, the Commissioner of Police must provide the person with a copy of all the reportable information that is held in the Register in relation to the person.
(2)  The Commissioner of Police must comply with subsection (1) as soon as practicable after being asked to do so.
(3)  A registrable person may ask the Commissioner of Police to amend any reportable information held on the Register in relation to the person that is incorrect.
(4)  The Commissioner of Police must comply with such a request on being satisfied that the information is incorrect.
(5)  In this section—
reportable information means any information supplied to the Commissioner of Police by, or on behalf of, the registrable person that the person is required to report to the Commissioner and that is still held in the Register.
19BA   Exemption of certain agencies from privacy protection legislation
(1)  A scheduled agency—
(a)  may collect and use personal information about a registrable person, and
(b)  may disclose personal information about a registrable person to another scheduled agency,
if the collection, use or disclosure accords with a written authorisation given by a senior officer of the agency.
(2)  An authorisation under this section must specify—
(a)  the period (maximum 12 months) for which it has effect, and
(b)  the agencies to which the personal information may be disclosed.
(3)  A senior officer of a scheduled agency may give an authorisation under this section only if the officer is satisfied that—
(a)  there are reasonable grounds to suspect that there is a risk of substantial adverse impact on—
(i)  the registrable person, or
(ii)  some other person or class of persons,
if the collection or use of the personal information, or the disclosure of the personal information to one or more of the agencies specified in the authorisation, does not occur, or
(b)  the collection or use of the personal information, or the disclosure of the personal information to one or more of the agencies specified in the authorisation, is likely to assist in developing or giving effect to a case management plan for the registrable person.
(3A)  For the purposes of avoiding an adverse impact or for developing or giving effect to a case management plan for a registrable person as referred to in subsection (3), the Commissioner of Police may, by written notice served on a scheduled agency, direct the scheduled agency to provide to the Commissioner personal information about the registrable person collected or used by the scheduled agency of the kind described in the notice.
(3B)  The scheduled agency is authorised to disclose, and must disclose, the personal information about the registrable person to the Commissioner of Police.
(3C)  The provision of information under this section in good faith—
(a)  does not give rise to any liability to civil, criminal or disciplinary action, and
(b)  is not a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct.
(4)  This section has effect despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.
(5)  In this section—
personal information means anything that constitutes personal information for the purposes of the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.
scheduled agency means an agency listed in Schedule 1.
senior officer, in relation to a scheduled agency, means a member of staff of the agency whom the head of the agency has nominated in writing as being a senior officer for the purposes of this section.
substantial adverse impact includes, but is not limited to, serious physical or mental harm, sexual abuse, significant loss of benefits or other income, imprisonment, loss of housing or the loss of a carer.
(6)  The regulations may amend or substitute Schedule 1.
Division 10 Corresponding registrable persons—special provisions
19BB   Corresponding registrable persons
(1)  A corresponding registrable person is a person who—
(a)  has at any time been in a foreign jurisdiction and at that time was 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.
19BC   Reporting period for corresponding registrable person
The reporting period for a corresponding registrable person is the whole period during which the person is a corresponding registrable person.
19BD   Initial report
(1)  A person who becomes a corresponding registrable person while the person is in New South Wales must report the person’s relevant personal information to the Commissioner of Police within 7 days (not counting any days spent in government custody) after becoming a corresponding registrable person if—
(a)  the person has not previously reported the person’s relevant personal information to the Commissioner of Police, or
(b)  the person is a registrable person whose reporting period has expired.
(2)  Despite subsection (1), a corresponding registrable person who is proposing to leave New South Wales within those 7 days must report the person’s relevant personal information to the Commissioner of Police before leaving New South Wales.